2008-101-Planning Commission Decision Approving A Request To Construct A New Single Family Residence And To Convert An Existing.RESOLUTION 2008-101
RESOLUTION DENYING AN APPEAL OF A
PLANNING COMMISSION DECISION APPROVING
A REQUEST TO CONSTRUCT A NEW SINGLE-
FAMILY RESIDENCE AND TO CONVERT AN
EXISTING PRE-1941 RESIDENCE TO AN
ACCESSORY STRUCTURE ON PROPERTY ZONED
R-1:8
APN: 510-42-052
ARC>FIITECTURE AND SITE APPLICATION: 5-07-211
PROPERTY LOCATION: 18 PALM AVENUE
PROPERTY OWNER: RICK & NICI~I ODERIO
APPLICANT: DAVID ZICOVICH
APPELLANTS.: PAUL & LEE QUINTANA
WI3EREAS:
A. This matter came before the Town Council for public hearing on September 2,
2008, and was regularly noticed in conformance with State and Town law.
f3. Council received testimony and documentary evidence from the appellants and all
interested persons who wished to testify or submit documents. Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the
packet of material contained in the Council Agenda Report dated August 21, 2008, along with
subsequent reports and materials prepared concerning this application.
C. The applicant proposed to construct a 3,513 square foot two-story single-family
home with a 675 square foot garage on property zoned R-1;8 located on the east side of Palm
Avenue, just south of Hernandez Avenue. The 16,000 square foot parcel is currently developed
with a 1.,421 square foot two-story pre-1941 residence with attached carport and a swimming
pool. Adjacent properties are all developed with single-family homes. Most of the homes in the
immediate area have two-stories and all are taller than the proposed residence.
D. The Plamling Commission considered the application on June 25, 2008, and voted
to approve the application with an added condition (Condition No. 4) requiring that the front
porch be modified to provide more articulation and reduce the massing of the structure.
E. The Historic Preservation Committee considered the application on July 16, 2008,
and approved the proposed changes to the existing pre-1941 residence, including a requirement
that the existing siding be retained unless it can be determined tluough a historic investigation
that it was not original.
F. The appellants appealed the decision of the Planning Commission based on their
desire to further influence the architecture and structural massing modifications directed by the
Commission.
G. The decision of the Planning Commission was correct.
H. Council incorporates the findings of the Planning Commission made on June 25,
2008.
I. Council prefers the changes to the front porch reflected in Attachment 4 to the
Deslc Item dated September 2, 2008, which was prepared by the applicant in response to
Condition No. 4. Council directs the Community Development Department Director to work
with the applicant to ensure that the depth of the front porch is sufficient to make it practical and
usable. Such efforts can include, but are not limited to, a redesign moving the house two (2) feet
back on the lot from its current location.
RESOLVEll:
1. The appeal of the decision of the Planning Commission on Architectural and Site
Application 5-07-211 is denied.
2. The conditions of approval for the project are attached and incorporated herein as
Exhibit A.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1,10,085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time
limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or
such shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California on the 15th day of September 2008, by the following vote.
COUNCIL MEMBERS:
AYES; Steve Glickman, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector
NAYS:
ABSENT:
ABSTAIN: Mike Wasserman
MAYO OF THE TOWN OF LOS GATOS
GATOS, CALIFORNIA
ATTEST:-
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CLI RIB OF '1 IIE TOWN OF LOS GATOS
L S GATOS, CAT 1FDRNIA