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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