1998-161-Approving An Architecture And Site Application To Construct A New Two Story Single Family Residence That Exceeds The Town's Policy On Far For Sloping LotsRESOLUTION 1998 -161
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION APPROVING AN ARCHITECTURE AND SITE APPLICATION TO
CONSTRUCT A NEW TWO STORY SINGLE FAMILY RESIDENCE THAT
EXCEEDS THE TOWN'S POLICY ON FAR FOR SLOPING LOTS AND A
DETACHED GARAGE WITHIN THREE FEET OF THE SIDE PROPERTY LINE TO
REPLACE AN EXISTING HOUSE THAT ALREADY HAS RECEIVED TOWN
APPROVAL FOR DEMOLITION DUE TO FIRE, WATER AND EARTHQUAKE
DAMAGE ON PROPERTY ZONE R -1:8 LHP
PROJECT APPLICATION: PRJ -98 -054
PROPERTY LOCATION: 98 FAIRVIEW PLAZA
PROPERTY OWNER: SYLVIA DEALMEIDA / JULIE WINTERS
APPLICANT / APPELLANT: E. GARY SCHLOH
WHEREAS:
A. This matter came before the Council for public hearing on September 21, 1998, on
an appeal by E. Gary Schloh 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 Reports dated August 26, 1998,
September 17, 1998, September 18, 1998 and September 21, 1998, concerning this application.
C. On December 18, 1997, the Town approved the applicant's request to demolish the
existing house as permitted by section 29.80.3 10 of the Town Code. The structure was significantly
damaged by the Los Gatos Hills fire and the water used to try to save the house, and the 1989
earthquake.
D. On June 10, 1998, the Planning Commission continued the application with the
recommendation that the house and garage be redesigned to meet Town requirements. On July 22,
1998 the Planning Commission approved the application to construct a new residence subject to
conditions and denied the request to construct a garage.
E. Appellant appealed the Planning Commission's decision because it believes the
Planning Commission erred or abused its discretion, and further, that new information is available
that was not available for the Planning Commission's initial review.
F. In approving the application for the residence without the proposed garage and
without reviewing the possibility of parking at the rear of the residence, the Planning Commission
inadvertently implied that cars must park off - street in front of the house, or, possibly, that off - street
parking is not required. While the Council recognizes and appreciates the Commission's
unsuccessful efforts to obtain information from the applicant about parking at the rear of the house,
the unintended consequences of the Commission's decision are sufficient to constitute error for
purposes of Los Gatos Town Code §29.20.300(b)(1). The Council finds no error in the Planning
Commission's decision to deny the application to exceed the Town's policy for FAR on sloping lots.
RESOLVED:
The appeal of the decision of the Planning Commission on Project Application PRJ -98 -054
is therefore granted and is remanded to the Planning Commission for further review, exploration of
a method to move all parking, which would include any garage, to the back of the structure. In so
doing, the Commission may consider altering the house design which may include, but not be
limited to, utilizing the basement area as a garage, relocating the house on the site, or any
combination of these or other alterations.
IT IS FURTHER RESOLVED:
That staff prepare a condition of approval to the effect that the attic space shall have no
plumbing or future plumbing stubouts, no heating system and no electrical, and that structural
members and headroom be limited to allow use as an attic, but not as habitable space.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of October, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS,, TOS
LOS GATOS, CALIFORNIA