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1994-036-Denial Of An Application To Add A Second Story And Exceed The Floor Area Ration On Property In The R-1D-LHP ZoneRESOLUTION 1994 -36 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF PLANNING COMMISSION DENIAL OF AN APPLICATION TO ADD A SECOND STORY AND EXCEED THE FLOOR AREA RATIO ON PROPERTY IN THE R- 1D -LHP ZONE, ARCHITECTURE AND SITE APPLICATION S -93 -33 (PROPERTY LOCATION: 71 BROADWAY /OWNER: GARY EHLERT APPLICANT: E. GARY SCHLOH) RESOLVED BY THE TOWN COUNCIL: WHEREAS, Town Code § 29.40.075 allows the Town to approve a Floor Area Ratio (FAR) in excess of the FAR calculated by formula for specific property if certain findings are made by the deciding body, and WHEREAS, the Applicant has requested the Town to approve an addition that would involve some 516 square feet more than the 1,941 square feet that would be permitted under the FAR formula, and WHEREAS, at a duly noticed public hearing, the Council received testimony and written submittals from a number of neighbors as well as the Applicant, and the Council has considered the recommendations and discussions of the Development Review Committee and the Planning Commission, and WHEREAS, the property is located in the Broadway area, which contains a variety of uses from commercial to churches to duplexes to apartments, and from single -story to two -story homes, and WHEREAS, the consistent theme of Broadway is its inconsistency, and WHEREAS, a landmark and historic preservation overlay zone applies to this property, and WHEREAS, the Historic Preservation Committee has reviewed the application and recommended approval subject to the proposed conditions so that the addition and additional square footage would not adversely affect the architectural design or historic integrity of the existing structure, and WHEREAS, the property contains a secondary unit that is included in the FAR calculation, and WHEREAS, the proposed addition is modest, and does not result in addition of bedrooms but only kitchen and dining room areas, and WHEREAS, the addition is not obtrusive, will not work a hardship on neighbors, and will not adversely affect the streetscape, and WHEREAS, disapproval of this application in light of adjacent uses would elevate form over substance, and WHEREAS, the applicant has shown that the view from the adjacent property will not be adversely affected by the addition, and WHEREAS, the neighbors are generally supportive of the application as a good project, and WHEREAS, the integration of the design theme, exterior materials, details, and sense of scale are consistent with the Broadway Historic Zone, and WHEREAS, the testimony of the Applicant and the neighbors and personal observations show that the structure with the proposed addition would be compatible and harmonious with the existing neighborhood, and consistent with existing, neighboring structures. WHEREAS, the Planning Commission erred in not finding that the proposed addition would be harmonious and compatible with the neighborhood and surrounding structures, and WHEREAS, the FAR is a guideline to be applied on a case -by -case basis with balancing of social goals and recognition of the need for livability and compatibility among uses, NOW, THEREFORE, IT IS DETERMINED AS FOLLOWS: 1. The appeal of the Applicant from the Planning Commission decision to deny Applicant's request to exceed the allowable floor area for a residence and to add additional floor area as the second floor of the property at 71 Broadway is granted. 2. Applicant will be permitted to add up to 776 square feet to the existing structure in the form of an addition so long as the addition conforms to the conditions attached as Exhibit A hereto and to the design recommended for approval by the Historic Preservation Committee and submitted to the Council. 3. This decision does not and shall not establish any precedent for permitting the exceeding of floor area ratios in this neighborhood nor any other, and the Town shall continue to examine each such request on a specific site - and - design basis under the Town Code. SHARE \EHLERT.RES 2 4. The Town of Los Gatos has adopted the provisions of Code of Civil Procedure § 1094.6, so any challenge to this decision of the Council must be filed in a court of appropriate jurisdiction no more than ninety (90) days from the date of adoption of this Resolution unless a shorter time is required by State law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 22nd day of February, 1994 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ok OR F THE TOW LOS GATOS LOS GATOS, CALIFORNIA ATTEST: Z,(�� " CLERK OF THE TOWN OF/ I OS � GATOS LOS GATOS, CALIFORNIA 9 EXHIBIT A CONDITIONS OF APPROVAL S -93 -33/71 BROADWAY TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Section) 1. All conditions of this application shall be included on the cover sheet of the Building Permit plans 2. All conditions of the Historic Preservation Committee shall be met as follows: a. The siding shall match the existing siding. b. Windows shall be four lites to match existing. C. Real wood framed windows shall be used. d. The exterior of the chimney shall be metal or brick veneer. e. The columns shall be square with minimum detailing. L The double french doors shall be five lite and shall be consistent throughout the exterior of the house. g. The bifold doors may have single horizontal rail in lieu of divided lites. (Engineering Section) 3. A well information questionnaire (available through Counter Technician) shall be completed. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING SERVICES: 4. Any sections of curb, gutter, and sidewalk along the frontage of this property that are currently broken or raised, or any sections damaged during construction shall be replaced. 5. All work in the public right -of -way will require a Construction Encroachment Permit. 6. Any existing sanitary sewer lateral proposed for reuse shall be televised and approved by West Valley Sanitation District. 7. A sanitary sewer lateral clean -out shall be installed at the property line.