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2003-084 - Granting An Appeal Of A Planning Commission Decision To Deny A Request To Demolish A Pre - 1941 Single Family Residence, Construction A New Residence Which Will Exceed The Floor Area Ratio And A Variance To Reduce The Required Driveway Length ARESOLUTION 2003 - 84 RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST TO DEMOLISH A PRE -1941 SINGLE FAMILY RESIDENCE, CONSTRUCT A NEW RESIDENCE WHICH WILL EXCEED THE FLOOR AREA RATIO AND A VARIANCE TO REDUCE THE REQUIRED DRIVEWAY LENGTH ON A NON - CONFORMING LOT ZONED R -11). ARCHITECTURE AND SITE APPLICATION: 5 -02 -013. VARIANCE APPLICATION: V- 03 -01. PROPERTY LOCATION: 546 SAN BENITO AVENUE. PROPERTY OWNER/APPELLANT: DARREN CARROLL. APPLICANT: DEREK VAN ALSTINE WHEREAS: A. This matter came before Council for public hearing on June 2, 2003, on an appeal by Darren Carroll (property owner /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 record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated May 27, 2003, Addendum dated May 29, 2003, and Desk Item dated June 2, 2003 along with subsequent reports and materials prepared concerning this application. C. The applicant is requesting approval to demolish an existing 2,625 square foot pre- 1941 single family residence, and construct a new residence which will exceed the floor area ratio (FAR). The proposed single family residence contains a total of 2,436 square feet, including the cellar, and is situated on a 3,680 square foot non - conforming lot zoned R -113. The applicant is also seeking a variance from the minimum 25 -foot driveway requirement in order to construct a 15 foot driveway. D. The Planning Commission first considered this matter on January 22, 2003 and continued the application with directions to April 9, 2003. On April 9, 2003 the Planning Commission denied the Architecture and Site and Variance applications because they were not able to make the required findings to exceed the FAR and because they believed that the mass and scale of the proposed structure was not compatible with the neighborhood. E. Appellant claims that the Planning Commission erred or abused its discretion in that they overlooked neighborhood support and compatibility for the proposed home, and the intent of the FAR. F. Council notes that the project as initially proposed by the applicant was larger, less articulated, and significantly in excess of the FAR; but in working with the Planning Commission and staff, the applicant has made significant progress in redesigning the project to be consistent with the neighborhood and is only in excess of the FAR by 313 square feet.. G. Council finds as follows: 1. The project is Categorically Exempt pursuant to section 15303 of the State Environmental Guidelines, as adopted by the Town.. 2. Pursuant to Town Code section 29.40.075(c), the FAR may be exceeded because the record demonstrates that the scale, exterior materials and details of the project are consistent with residential design standards and because lot coverage, setbacks and FAR of the proposed project are also compatible with the surrounding development which features an eclectic mixture of designs. 3. Pursuant to Town Code section 29.20.170, that the granting of a variance for the proposed driveway is justified by the fact that the lot is non - conforming in size and shape and would 2 not constitute a grant of special privileges because many neighboring properties have been developed with driveways that are less than 25 feet in length. 4. Pursuant to Town Code section 29.20.150, the considerations for approval of Architecture and Site applications have been made. 5. Pursuant to Town Code section 29.20.300(b), the grounds for overturning the decision of the Planning Commission are that the Commission erred in denying the project which was significantly redesigned to be far more consistent with the neighborhood and with Town standards, and only marginally in excess of the FAR. Nevertheless, Council appreciates and commends the efforts of the Commission and Town staff in working with the applicant to produce a quality project that should be an amenity to and has garnered the support of the neighborhood. RESOLVED: 1. The appeal of the decision of the-Planning Commission on Architecture and Site Application 5 -02 -013 and Variance Application V -03 -01 are therefore granted. 2. The elevations shown on Exhibit T of Attachment 10 to the Council Staff Report dated May 27, 2003, are the approved elevations. 3. The conditions of approval as set out in Attachment 2 to the Town Council report dated May 27, 2003 are hereby adopted as the conditions of approval of this application. 4. 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 or federal law. 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 161h day of June, 2003 by the following vote. COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYO OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST CLERK OF THE TOWN OF LOS TOS LOS GAT OS, CALIFORNIA :l