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1998-109-Denying A Request For A Variance To Increase The Maximum Building Heights And Architecture And Site Approval To Construct A New Single Family Residence On Property In The HR 2 1/2 ZoneRESOLUTION 1998 - 109 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEAL OF A DECISION FROM THE PLANNING COMMISSION DENYING A REQUEST FOR A VARIANCE TO INCREASE THE MAXIMUM BUILDING HEIGHTS AND ARCHITECTURE AND SITE APPROVAL TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY IN THE HR 2 1/2 ZONE PROJECT APPLICATION: PRJ -97 -113 VARIANCE APPLICATION: VAR -98 -001 NATIVE DECLARATION: ND -97 -018 PROPERTY LOCATION: 19 HIGHLAND AVENUE APPLICANT: ROBERT NEBOLON, ARCHITECT PROPERTY OWNER/APPELLANT: ANGELO ORPHAN WHEREAS: A. This matter came before the Council for public hearing on June 1, 1998, on an appeal by the property owner 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 20, 1998, concerning this application. C. On April 22, 1998 the Planning Commission denied the request for a Variance and Architecture and Site approval to build a 4,449 square foot, three -story house with an attached 880 square foot garage that is adjacent to a creels and located on a heavily wooded, hillside lot. The height of the residence exceeds the 30 foot maximum height permitted by the HR -2 1/2 zone. 1 D. The property owner is of the belief that the residence be considered a two story building and the tower element is exempt from the 30 foot height requirement and has appealed the decision of the Planning Commission. E. The mass and scale of the proposed house is not appropriate for the steep, heavily wooded site within the provisions of Town Code Section 29.20.150(4) and (6), which section provides in pertinent part: (4) Considerations relating to site layout. The orientation and location of buildings and open spaces in relation to the physical characteristics of the site .... (6) Considerations relating to the exterior architectural design of buildings and structures.... Consistency and compatibility shall be encouraged in scale, massing, materials, color, texture, reflectivity, openings and other details. F. The Planning Commission decision was correct. RESOLVED: 1. The appeal of the decision of the Planning Commission on Project PRJ -97 -113, and Variance Application VAR -98 -001 is therefore denied. 2. 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 forjudicial 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. PA PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of July, 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: r�r MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: rJ CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA