1999-061-Denying An Appeal Of A Decision Of The Planning Commission Denying An Appeal Of The Decision Of The Development Review Committee Approving An Architecture And Site Application To Construct A New Residence On Property Zoned HR-1RESOLUTION 1999 - 61
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
DENYING AN APPEAL OF THE DECISION OF THE DEVELOPMENT REVIEW COMMITTEE
APPROVING AN ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A NEW
RESIDENCE ON PROPERTY ZONED HR -1.
PROJECT APPLICATION: PRJ -98 -041.
PROPERTY LOCATION: 16060 CERRO VISTA DRIVE.
PROPERTY OWNER: BLASIUS & KRISTINA BREZOCZKY.
APPELLANTS: GARY & CAROLINE SMALL.
WHEREAS:
A. This matter came before the Council for public hearing on May 3, 1999, on an appeal by Gary
and Caroline Small from a decision of the Planning Commission and was regularly noticed in conformance
with State and Town law.
B. The Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. The 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 3, 1999 concerning this application.
C. The Development Review Committee considered the application in March, May, July,
September and October 1998. Plans were revised and resubmitted in February 1999 for consideration by
the Development Review Committee. The Development Review Committee forwarded the matter to the
Planning Commission.
D. On March 19, 1999, the Planning Commission considered the application to construct a
4,993 square foot single family home on 1.711 acre lot in the HR -1 zone. The proposed house includes
4,253 square feet of living area and 740 square feet of garage area. The Commission approved the
application with added conditions.
E. Appellants are appealing the Planning Commission's decision because they believe the Planning
Commission erred or abused its discretion and failed to give all reports proper consideration.
F. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application PRJ -98 -165
is therefore denied.
2. To ensure minimal impact to existing oak trees, the Town Arborist shall visit the site at the
time of structural framing of the proposed structure and decldng placement and make recommendations as
the Arborist deems appropriate.
3. 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.
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
OZTHE -TOWN OF LO
.TOS, CALIFORNIA
ATTEST: , 1
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA