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1995-130-Appeal Of Yje Planning Commission Decision Upholding A Decision Of The Planning Director That An Architecture And Site Application Is Required To Reconstruct A Patio Cover On Property Zoned C-2 LHPRESOLUTION 1995 - 130 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION UPHOLDING A DECISION OF THE PLANNING DIRECTOR THAT AN ARCHITECTURE AND SITE APPLICATION IS REQUIRED TO RECONSTRUCT A PATIO COVER ON PROPERTY ZONED C -2 LHP PROPERTY ADDRESS: 104 UNIVERSITY AVENUE PROPERTY OWNER: BERT MILLEN WHEREAS: A. This matter came before the Council for public hearing on October 17, 1994, 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 property owner 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 attached to the Council Agenda Reports dated September 5, 1995, concerning this appeal. C. This decision constitutes a matter of first interpretation as applied to a particular repair project and is a close call. D. The work done by the property owner was limited to replacing a patio cover with one of the same dimension, elevation, and scale, because of storm damage. The only noticeable difference was the material used for the cover. E. The work was promptly completed and cost a nominal amount, and no attempt was made to expand the work. The work does not adversely affect the preexisting character of the building. F. The Planning Director and the Planning Commission strictly applied the Zoning Code to the situation as they are expected to do. G. Ultimate authority to interpret specific provisions of the Zoning Code is vested in the Council, and the Commission does not have that full discretion. H. Prior to adoption of this resolution, the Council required and received a report from the Building Official as contained in Exhibit A hereto verifying that the resulting structure generally appeared to be safe, but that two corrective steps were required to bring the structure into compliance with the Town's Building Standards. RESOLVED: 1. The appeal of the decision of the Planning Commission is granted and no architecture and site application shall be required prior to issuance of the building permits or final approval necessary to reconstruct the patio cover. 2. This approval is specifically conditioned on the completion of the 2 corrective items specified in Exhibit A hereto within thirty (30) days of the adoption of this resolution. 3. This decision is limited to the specific facts involved in this matter and as specifically set forth in this resolution. The Town shall continue to examine any similar request on a specific site, design, and use basis under the Town Code and Town policies. 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of September, 1995 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Patrick O'Laughlin NAYS: None ABSENT: None ABSTAIN: None SIGNED: a'�`^tl'v � MAYOR OF THE TO N OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: j CLERK OF THE TOWN OF i. S GATOS LOS GATOS, CALIFORNIA 2 September 12, 1995 TOWN OF LOS GATOS CmC CEO BUILDING AND ENGINEERING SERVICES 110 E. o (408) 354 -6864 P.O. Box x 49 9 949 FAX (408) 354 -8431 Los GAtos, CA 95031 Mr. and Mrs. Bert D. Millen 18364 Oak Drive Monte Sereno, CA 95030 SUBJECT: CORRECTION NOTICE FOR RE -BUILD OF OVERHANG ROOF AT 104 UNIVERSITY AVENUE, STE. A (PERMIT #B95- 000039) Dear Mr. and Mrs. Millen: This letter is in response to a request from Scott Baker, Director of Building and Engineering Services, to provide information toward the completion of the work undertaken on your Building Permit B95- 000039. First of all, thank you for your quick compliance with my request of January 27, 1995, that a building permit be obtained to cover work undertaken at 104 University Avenue. Secondly, the Building Department would very much like to issue a final once the following conditions have been met: a. The micro -lam beam that has been used for support is not an approved wood of natural resistance to decay. Since this beam is exposed to the weather it should be treated (painted) for weather proofing (UBC Sec. 2516(c)8 & 11). b. The rafters that rest on the outside beam have only toe nailed connection to the beam. Since uplift is a concern and this point of connection would have been addressed in a plan check process that did not occur, the remedy would be to install Simpson H2.5 seismic clips. These clips should be installed with tico nails to fasten every other roof rafter to the beam. I believe that you will find these corrections to be expedient and inexpensive to complete and they will satisfy the Building Department's criteria toward a final inspection. If further information is requested, please contact me at 354 -6861 at your discretion. If you would like to schedule a final inspection for the completed work, please call 354 -6877. Sincerely, John Munoz Building Inspector JM:cher C cc: Scott R. Baker, Director of Building and Engineering Services EXHIBIT A N' \ME�CHERJ MEfTERSM ILLEN bcc: Lee E. Bow an INCORPORATEDAuGusT 10,1887 ;M