2003-120 - Denying An Appeal Of A Decision From The Planning Commission Denying A Variance Request To Legalize Two Canopy Carports Within The Front Setback And To Reduce The Required Vehicle Back Up Area On Property Zoned R-1:8 Variance Application: V-02-RESOLUTION 2003 - 120
ADOPT RESOLUTION DENYING AN APPEAL OF A DECISION FROM THE PLANNING
COMMISSION DENYING A VARIANCE REQUEST TO LEGALIZE TWO CANOPY
CARPORTS WITHIN THE FRONT SETBACK AND TO REDUCE THE REQUIRED
VEHICLE BACK UP AREA ON PROPERTY ZONED R -1:8.
VARIANCE APPLICATION: V -02 -002.
PROPERTY LOCATION: 17251 WEDGEWOOD AVENUE.
PROPERTY OWNER/ APPLICANT /APPELLANT: MARK J. MEDALIE
WHEREAS:
A. This matter came before Council for public hearing on October 6, 2003, on an appeal
by Mark J. Medalie (property owner /applicant /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 September 30, 2003, along with
subsequent reports and materials prepared concerning this application.
C. Appellant is requesting a variance to permit the placement of two fabric carport
canopies, which he asserts are necessary to protect his family, residence and cars from errant golf
balls from the driving range at LaRinconada Country Club (LRCC).
D. The Town Council considered this matter on March 3, 2003 and continued the matter
with the direction that the Planning Commission study the variance issue in relationship to the
possible errant golf ball problem at LRCC. On September 10, 2003, the Planning Commission
reconsidered the LRCC Conditional Use Permit and concluded that the measures that LRCC had
implemented, and which were added to the Conditional Use Permit significantly reduced the number
of errant golf balls.
E. Council finds that the decision of the Planning Commission was correct.
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RESOLVED:
1. The appeal of the decision of the Planning Commission on Variance Application V-
02 -002 is denied and the carports must be removed by November 30, 2003.
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 20 ' day of October, 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:
AYO OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OIL THE TOWN OF LOS ZOS
LOS GAy pOS, CALIFORNIA
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