1999-071-Appeal Of Planning Commission Decision Granting A Minor Residential Development Application To Construct A Second Story Addition To A Pre-1941 Single Family Residence On Property Zoned R-D And Remanding The ApplicationRESOLUTION 1999 - 71
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
GRANTING A MINOR RESIDENTIAL DEVELOPMENT APPLICATION TO CONSTRUCT
A SECOND STORY ADDITION TO A PRE -1941 SINGLE FAMILY RESIDENCE ON
PROPERTY ZONED R -D AND REMANDING THE APPLICATION
PROPERTY APPLICATION: PRJ -98030
PROPERTY LOCATION: 8 PENNSYLVANIA AVENUE
PROPERTY OWNER: PAUL DUFRESNE
APPLICANT: LESLIE A. G. DILL
APPELLANT: DAVID I. LUSTING
WHEREAS:
A. This matter came before the Council for public hearing on May 17, 1999, on an
appeal by David I. Lusting, appellant, 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 applicant 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 7, 1999, addendum
report dated May 13, 1999, and desk items dated May 17, 1999 concerning this application
C. On November 10, 1998, the Historic Preservation Committee considered the
application and determined the project complete.
D. On September 9, 1998 the Planning Commission first considered an appeal for a
different application at this site for a second story addition. The appeal was granted and the
Commission denied the application and the applicant appealed this decision. On November 2, 1999
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the Town Council agreed with the Commission's decision and denied the appeal. The applicant filed
a new application for a second story addition. The Planning Commission considered the matter on
February 10, 1999 and continued the matter with the directions that the plans be redesigned. On
March 24, 1999, the Planning Commission considered the revised plans and approved the
application.
E. The applicant is requesting approval to add a 862 square foot first floor addition to
an existing 1,176 square foot residence and 1,047 square feet for a new second story. The applicant
is proposing to demolish a202 square foot detached garage and construct a 799 square foot attached
garage at the rear of the home.
F. An appeal was filed by the applicant's adjacent neighbor, David Lusting, appealing
the Planning Commission's decision because of the belief that the Commission did not rely on Town
ordinances and failed to adhere to its own prior decision and directives from the Town Council.
G. Council finds pursuant to Town Code section 29.20.300 that the Planning
Commission erred in not adhering to the Council's directive regarding mass, scale, and impact on
the neighborhood. The proposed second story addition is inconsistent with the other homes in the
neighborhood, the majority of which in the vicinity of the subject parcel are not two - story. The
proposed second story addition would, to the detriment of the Town, destroy the uniform progression
of the heights or stepping of historic houses currently evident on Pennsylvania Avenue in the vicinity
of the subject house. With the proposed second story addition, the subject house would appear
substantially larger than surrounding homes in the neighborhood. The applicant failed to
demonstrate why a single story addition would not be satisfactory on a 11,472 square foot lot.
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RESOLVED:
The appeal of the decision of the Planning Commission on Project PRJ -98 -030 is therefore
granted, and the application is remanded to the Development Review Committee for evaluation of
plans to construct a one story addition
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7" day of June , 1999 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski
None
Mayor Jan Hutchins
None
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L
SIGNED:
CE YOR O IHI
LOS GATOS, CALIFO
ATTEST:
0�
CLERK OF THE TOWN OF LOS G S
LOS GATOS, CALIFORNIA
GATOS