2005-108 - Appeal Adopt Of A Decision Of The Planning Commission To Approve Construction Of A New Single Family Residence With A Detached Structure Over 450 Square Feet In An Area With A Reduced Setback On Property Zoned Rm: 1 -10. Architecture And Site ARESOLUTION 2005 -108
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN
APPEAL ADOPT OF A DECISION OF THE PLANNING COMMISSION TO APPROVE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH A DETACHED
STRUCTURE OVER 450 SQUARE FEET IN AN AREA WITH A REDUCED SETBACK ON
PROPERTY ZONED RM: 1 -10.
ARCHITECTURE AND SITE APPLICATION: S -05 -072
PROPERTY LOCATION: 119 ISABELLE COURT
PROPERTY OWNER/APPLICANT : CECIL. KOUPAL AND SHARLENE ABRAMS.
APPELLANT: RAY DAVIS
WHEREAS,
A. This matter came before Council for public hearing on September 19, 2005, on an appeal
by Ray Davis (appellant) from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the minutes of the Planning Commission proceedings and the packet
of material contained in the Council Agenda Report dated September 8, 2005.
C. Applicant is requesting to construct a 4,676 square foot two -story single family residence
and basement with a 672 square foot detached two -car garage on a 28,314 square foot lot. As
permitted by Town Code, the applicant is requesting to reduce the side yard setback of the detached
garage from five feet to three feet. On August 10, 2005, the Planning Commission approved the
project with conditions.
D. Appellant claims that the Planning Commission erred or abused its discretion and
erroneously failed to consider elements of the Hillside Standards, Hillside Specific Plan and General
Plan.
E. Appellant failed to meet his burden to establish that the decision of the Planning
Commission was not correct. Council notes that the appellant failed to provide a copy of the
transcript of the hearing before the Planning Commission. The findings of the Commission are, by
this reference, incorporated herein.
THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application S -05 -072 is denied.
2. This 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 besought 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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 3rd day of October, 2005 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
None
None
None
SIGNED:
ATTEST:
CLERK ADM STRATOR
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA