1999-052-Granting An Appeal Of A Planning Commission Decision Approving An Architecture And Site Application To Construct A New Residence On Property Zones R-1:8RESOLUTION 1999 - 52
RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION APPROVING AN ARCHITECTURE AND SITE APPLICATION TO
CONSTRUCT A NEW RESIDENCE ON PROPERTY ZONED R -1:8 AND REMANDING THE
APPLICATION
PROJECT APPLICATION: PRJ -98 -165
PROPERTY LOCATION: 101 OLD BLOSSOM HILL ROAD
PROPERTY OWNER/APPELLANT: PAUL H. AND MICHELLE A. IZOR
WHEREAS:
A. This matter came before the Town Council for public hearing on January 19, 1999 on an appeal
by the property owner /appellant from a decision of the Planning Commission to grant the application and was
regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the owner /applicant and all
interested persons who wished to testify or submit documents. The Council considered all testimony and
materials submitted, including, but not limited to, the record of the Planning Commission proceedings, the
packets of material contained in the Council Agenda Reports dated January 19, 1999 and March 26, 1999,
addendum dated April 2, 1999, Council Agenda Report dated April 30, 1999 and the desk item dated May 3,
1999 concerning this application.
C. On December 9, 1998 the Planning Commission approved the application to construct a new
two -story house on a 10,490 square foot nonconforming and double fronting lot, for a gross area of
approximately 17,000 square feet. The lot is nonconforming as it does not meet the minimum depth
requirement. Owner /appellant requested reductions in front yard setbacks from the required 25 feet to 15 feet
pursuant to Town Code section 29.10.265(3). Owner /appellant was required to dedicate land along both street
frontages for right of way purposes pursuant to an ordinance setting forth the plan line for widening Blossom
Hill Road (Ordinance No. 539) and Town standards for streets designated "arterial" and "neighborhood
collector."
D. On January 19, 1999, the Town Council considered and denied the appeal. The adoption of the
resolution relating to this action was considered on February 1, 1999; however, the owner /appellant provided
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additional information and requested that the matter be reconsidered. The Council granted the request for
reconsideration.
E. Appellant is appealing the Planning Commission's decision on grounds that the Planning
Commission erred or abused its discretion because: (1) "the Town Attorney and the Planning Director instructed
the Commission that it could not amend Condition No. 5 of the Staff Report regarding Dedications, as required
by Town Council policy"; and (2) "Policy of the Town Council requiring dedication (in this instance) over 50% of
the Gross Lot Area is unreasonable, unwarranted under the circumstances and the Planning Commission
expressed willingness to reduce the amount of required dedication."
F. Council finds pursuant to Town Code section 29.20.3 00 as follows:
(1) That Planning Commission lacked discretion to delete the dedication requirements as
requested by the owner /appellant because those requirements reflect Town policy to exact the property necessary
to facilitate street widening in accordance with plan lines and other Town policies, including those concerning
sidewalk construction, where there exists the essential nexus;
(2) That new information was submitted to the Council during the appeal process that was not
readily and reasonably available; to wit, that owner /appellant questioned the constitutionality of the dedication
requirements, and that granting the appeal and eliminating the dedication requirements while retaining reduced
setbacks would make future efforts to acquire property for widening Blossom Hill Road pursuant to Ordinance
No. 539 more difficult and expensive for the Town; and
(3) That the Planning Commission erred in approving the house which is too massive and tall
and is out of scale with neighboring properties. For example, a two -story house is proposed at a height of just
under thirty (30) feet in a neighborhood where the majority of the houses are single - story. Only one other house
in the neighborhood is at thirty feet, one is approximately four (4) shorter and another is approximately six (6) feet
shorter. The square footage of the proposed house, while similar to those three large houses, would be substantially
greater than the majority of the houses in the neighborhood. The heights and sizes of those large houses represent
neighborhood incompatibility that the proposed house would perpetuate rather than correct. Also, there are no
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reduced front yard setbacks in the neighborhood.
RESOLVED:
The appeal of the decision of the Planning Commission on Project PRJ -98 -165 is therefore granted, and
the application is remanded to the Planning Commission for reevaluation of plans and design with the following
direction:
(a) That the dedication requirements along Blossom Hill and Old Blossom Hill Roads are
hereby eliminated.
(b) That the setbacks be restored to 25 feet.
(c) That the house design be modified so that its mass and height are more in scale with
neighboring properties.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 17th day of May, 1999 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins
NAYS: - None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYPR OF LOS GATOS
LOS TOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALW ORNIA
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