1996-130 - Grant an appeal of a Planning Commission decision to deny a request to demo a single family residence and one secondary dwlling unit at 14731 Winchester BlvdRESOLUTION 1996 - 130
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST TO
DEMOLISH A SINGLE FAMILY RESIDENCE AND ONE SECONDARY DWELLING
UNIT ON 3.67 ACRES IN THE R- 1:12,000 ZONE;
PROJECT APPLICATION PRJ -96 -36
NEGATIVE DECLARATION APPLICATION ND -96 -4
(PROPERTY ADDRESS: 14731 WINCHESTER BOULEVARD
PROPERTY OWNER: JOHN PIERINI
APPLICANT: CIVITAF CORPORATION
APPELLANT: MALCOLM MOSHER, JR.)
WHEREAS:
A. This matter came before the Council for public hearing on September 6, 1996, on
an appeal from a decision of the Planning Commission regarding the underlying tentative
subdivision map, and was regularly noticed in conformance with State and Town law. The
Planning Commission had denied the applicant's request to demolish the existing structures on the
property, although the Commission approved the tentative map, and applicant requested the
Council to reverse the Commission as to the demolition.
B. The Council received testimony and documentary evidence from the applicant and
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 packets attached to the Council Agenda Reports dated September
3 and September 26, 1996, concerning this application.
C. The applicant does not wish to maintain the structures, and in order to comply with
the requirements of the Town Code regarding structures across lot lines, the residence would have
to be moved if it is not demolished. There is no economic utility in moving the structure rather
than demolishing it and replacing it with a new residence.
D. The structures are not of a historical nature and would not fit or blend into the
subdivision that the Council has approved.
E. The structures should not be preserved simply for the sake of preserving buildings.
The structures will be replaced with ten new residences in the subdivision.
F. The Planning Commission erred in not allowing the existing structures on the
property to be demolished in connection with the approved subdivision because there is no value
in preserving them.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project PRJ -96 -36 and
Negative Declaration ND -96 -4 is granted insofar as the demolition of the existing structures on
the property is approved in connection with and as part of the underlying subdivision subject to
the Town Code and the condition attached as Exhibit A hereto.
2. This decision does not and shall not constitute any precedent for any other
demolition in the Town, and the Town shall continue to examine any such request on a specific
site, design, and historic use basis under the Town Code and Town policies.
Pursuant to Town Code § 29.20.320, this approval will expire two years from the date that
this resolution was adopted unless the approval is used before expiration. Section 29.20.335
defines what constitutes use of an approval granted under the Zoning Code. Reasonable time
extensions of the approval not exceeding one year may be granted upon application to and
approval by the Planning Commission, but the Commission approval must occur before the initial
expiration of the approval occurs.
This 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 for judicial 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. In no event shall the adoption of this resolution
extend the time in which to file a legal challenge to the tentative subdivision map that was granted
final approval by the Town Council on October 7, 1996.
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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,
Mayor Randy Attaway
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
MAYOR O HE TOWN F LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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