1996-103-Deny A Request For Approval Of An Architecture And Site Application To Demolish An Existing Single Family Residence On Property In The R-1:8000 ZoneRESOLUTION 1996 -103
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A
REQUEST FOR APPROVAL OF AN ARCHITECTURE AND SITE APPLICATION TO
DEMOLISH AN EXISTING SINGLE FAMILY RESIDENCE AND TO CONSTRUCT A
NEW SINGLE FAMILY RESIDENCE ON PROPERTY IN THE R- 1:8000 ZONE,
BUT ONLY INSOFAR AS THE APPLICATION IS RETURNED FOR REDESIGN AND
FURTHER CONSIDERATION BY THE PLANNING COMMISSION.
PROJECT APPLICATION PRJ- 96 -25.
PROPERTY LOCATED AT 48HERNANDEZ AVENUE.
PROPERTY OWNERS: JOHN AND DONNA FOX.
APPLICANT /APPELLANT: T.H.I.S.DESIGN /TONY JEANS.
WHEREAS:
A. This matter came before the Council for public hearing on July 15, 1996,
on an appeal by the applicant and property owners 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
property owners, 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 and documents attached
to the Council Agenda Reports dated July 2 and July 15, 1996, concerning this
application.
C. Town Zoning laws, regulations, and guidelines establish the framework in
which the discretionary review of an application such as this is made.
D. The Hernandez neighborhood is an area in transition. There have been a
variety of recent projects in the area with more to come. While the neighborhood is not
formally designated as an historic district, it could well be considered for such a
designation.
E. The property is difficult to develop, but due consideration has to be given
to the development's effect on the neighbors and area.
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F. The subject property has seven contiguous neighbors. Although the
property owners have made a number of changes in the project, many concerns remain.
G. The proposed project would be a major sea change in the neighborhood.
There are few 3 -car garages in the area, and the size and square footage of the proposed
project would exceed almost all properties except for historic structures.
H. Speakers at the hearing expressed a continued willingness to seek
compromises and to reconcile concerns.
I. The proposed project is too massive in size and structure for this
neighborhood. Overall, it is not appropriate for this area and has too great an impact on
its immediate neighbors. As provided in the Town's Residential Building Design
Guidelines, the project must reflect an appropriate sense of scale and compatible
rooflines.
J. Consideration must be given to the siting of the home on the property.
Although visibility from the public street is a factor, it is not determinative.
K. Due consideration has to be given about a high story on the side of the
property closest to the most immediate neighboring home.
L. The Town's action on this proposal may well be a precedent for future
projects in this neighborhood.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application
PRJ -96 -25 is granted, but only insofar as the application is returned for redesign and
further consideration by the Planning Commission.
2. The Planning Commission may take final action on the revised application.
This decision does not constitute a final administrative decision by the Town.
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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 5th day of August, 1996 by the following
vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
MAYOR THE TOW OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF OS GATOS
LOS GATOS, CALIFORNIA
N: \SHAREATY080522
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