2011-067 - Consider Appeal of a decesion Planning Commision at 16161 Short Rd.RESOLUTION 2011 -067
RESOLUTION DENYING
AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING AN
ARCHITECTURE AND SITE APPLICATIONON TO DEMOLISH AN EXISTING SINGLE
FAMILY RESIDENCE AND CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON
PROPERTY ZONED R -1:20.
APN: 523 -09 -029
CONDITIONAL USE PERMIT APPLICATION: S -11 -001
PROPERTY LOCATION: 16161 SHORT ROAD
PROPERTY OWNER: JOHN AND ELVIE SCOTT
APPLICANT: CHRIS SPALDING
APPELLANT: ROBERT AND LOIS MALLISON, DEBRA FETTERS, AND DAVID CLARKE
A. This matter came before the Town Council for public hearing on October 17, 2011, and
was regularly noticed in conformance with State and Town law.
B. The appellant seeks an appeal of a Planning Commission decision approving an
Architecture and Site application to demolish an existing single family residence and to construct a new
single family residence on property zoned R -1:20.
C. The Planning Commission considered the request on June 22, 2011, and continued the
matter with direction that the applicant modify the plans to minimize the visual impact to the neighbors.
The Commission considered the revised plans on August 24, 2011. The Planning Commission voted
5 -1 to approve the Architecture and Site application with the conclusion that all reasonable measures
had been used to address the impact to the neighbors without further impacting additional neighbors or
creating drainage issues.
D. Council received testimony and documentary evidence from the applicant 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 for October 17, 2011, along with any and all subsequent
reports and materials prepared concerning this application.
E. Council finds as follows:
1. The Planning Commission did not err in its decision.
RESOLVED:
1. The appeal of a Planning Commission decision for Architecture and Site application
S -I1 -001 is denied.
2. 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 17` day of October 2011, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, and Mayor Joe Pirzynski
NAYS:
ABSENT:
ABSTAIN:
ATTEST: `
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
I
SIGNED•
MAYOR ?F TIIE T01 OF LOS GATOS
LOS GATOS, CALIFORNIA