1996-131-Approve A Minor Architecture And Site Application To Demolish A Secondary Dwelling And To Incorporate The Floor Area In The Existing Residence On Property In The R-1D:LHP ZoneRESOLUTION 1996 - 131
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE AN
APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE A MINOR
ARCHITECTURE AND SITE APPLICATION TO DEMOLISH A SECONDARY
DWELLING AND TO INCORPORATE THE FLOOR AREA IN THE EXISTING
RESIDENCE ON PROPERTY IN THE R- 1D:LHP ZONE
PROJECT APPLICATION PRJ -96 -67
PROPERTY LOCATED AT 80 BROADWAY.
PROPERTY OWNERS: ALLEN AND LENA HENDERSON,
APPELLANTS: PAUL BIBER AND CAROL FERRO.
WHEREAS:
A. This matter came before the Council for public hearing on October 7, 1996, on
an appeal 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 appellants,
the property owners 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 and documents attached to the Council
Agenda Reports dated September 25 and October 1, 1996, concerning this application.
C. This application is symptomatic of the development applications that may
threaten to compromise the historical integrity, views, and privacy of neighborhoods.
D. This property is in a designated historic area, and when residents have chosen to
live in such areas, refurbish their homes, and abide by the strict rules and regulations of those
areas, then they deserve protection.
E. The project architect is well- respected. However, when dealing with a 6700
square foot lot surrounded by cottages and bungalows, the home must conform to what is
there. With property in a historic district, one takes a chance on development that may not
receive approval for the number of rooms or square footage or layout that one might want.
F. It would not be fair to block the views that have been enjoyed for 20 to 25
years.
G. In any application, there are trade -offs and balances, but here too much is being
taken from the neighbor.
H. There are a number of different ways that the property and the house could be
developed, and a better design is possible.
I. The Planning Commission erred in approving a design that is not compatible
with the neighborhood in its height, mass, scale, and interruption of scenic views, and the
project should be redesigned.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application PRJ-
96 -67 is therefore granted, and the application is returned to the Development Review
Committee for redesign to lower the height of the home; move some of the massing
underneath; and preserve as much of the view as possible from the appellants' home.
2. In addition, consideration should be given to the Floor Area Ratio regarding
aspects that are enclosed, such as decks or balconies, and consideration as to whether a deed
restriction is adequate any longer.
This decision does not constitute a final administrative decision.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 21st day of October, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck
NAYS: Mayor Randy Attaway
ABSENT: Patrick O'Laughlin
ABSTAIN: None -
SIGNED:
MAYOR OF THE TOWN F LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN O OS GATOS
LOS GATOS, CALIFORNIA