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1994-019-Approved Application For An Addition To A Single Family Residence Which Was Demolished Without Approval On Property Zoned R-1D-LHPRESOLUTION 1994 -19 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION APPROVAL OF A MODIFICATION TO A PREVIOUSLY APPROVED APPLICATION FOR AN ADDITION TO A SINGLE FAMILY RESIDENCE WHICH WAS DEMOLISHED WITHOUT APPROVAL ON PROPERTY ZONED R- iD -LHP ARCHITECTURE AND SITE APPLICATION S- 85 -63B (PROPERTY ADDRESS: 93 BROADWAY PROPERTY/ OWNER: LYNN BRANDHORST /APPELLANT: BRENT VENTURA) RESOLVED BY THE TOWN COUNCIL: WHEREAS, this matter came before the Town Council on appeal from the approval by the Planning Commission of a modification to a previously approved application for an addition, because the single family home had been demolished without Town approval, and WHEREAS, the Property Owner has requested the Town to approve the modification in order for him to complete the project in substantial conformance with the previous approval, and WHEREAS, the Appellant requested the Council to refer the matter to the Historic Preservation Committee for review and consideration of historic changes in light of the demolition, and WHEREAS, after public hearing on January 3, 1994, at which time all interested persons were heard and documentation received, the Town Council referred the application to the Historic Preservation Committee for comment and review, and WHEREAS, the Historic Preservation Committee has completed that review and provided its recommendations to the Council, and WHEREAS, the Council accepts the recommendations of the Historic Preservation Committee, with modifications to conditions of approval regarding the windows on the west elevation and the possibility of a door on the north elevation, and WHEREAS, it appears that the Planning Commission erred in not giving adequate consideration to the fact that the house was demolished without permit and that it therefore should have started from the beginning of the process including full Historic Preservation Committee review, NOW, THEREFORE, IT IS DETERMINED AS FOLLOWS: 1. The appeal of the Appellant from the Planning Commission decision to approve a modification to a previously approved application for an addition to a single family residence is granted. 2. The Property Owner's application for approval of a modification to his previously approved application for an addition to a single family residence is approved subject to the conditions attached hereto as Exhibit A. 3. This decision does not and shall not establish any precedent for review or sanction of unapproved demolitions or of modifications to approvals for work on historic buildings. The Town reaffirms its strong disapproval of un- approved demolitions or construction. 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 7th day of February, 1994 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Linda Lubeck, Patrick O'Laughlin Mayor Randy Attaway NAYS: Steven Blanton ABSENT: None ABSTAIN: None SIGNED: MAYOR THE TOW F LOS GATOS LOS GAT S. CALIFOR ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATN'Y014 \CNCLRPTS \SROADWAY.RES 2 EXHIBIT A CONDITIONS OF APPROVAL S- 85- 6313/93 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. The residence shall be pre - plumbed for solar hot water heating. 3. The windows shall have true wood mullions. 4. New retaining walls or faces of walls are to match material and mortar material of existing walls. 5. All chimneys shall be constructed of brick veneer. The exterior chimney shall be sloped from the front to the back. 6. Revised plans shall be approved prior to the issuance of a building permit and the changes shall be incorporated in the building permit plans pertaining to the following: a. Trim banding shall be provided to match the trim detailing and the banding under the eaves on the front elevation and shall include fish scale shingles above the trim. The doors shall be narrower to elongate the proportion. The doors can be 2'6" or 2'8" in width so that the bulk of the trim fits under the eave trim. The doors shall be true divided lite and the proportion of the lites shall be vertical. b. The house shall meet all setback requirements. C. The lower bay window at the north elevation shall be identical to the existing upper bay. The windows shall be double hung, the proportions, materials and location of the panels shall match the existing bay. d. The applicant may work with the Planning Department for approval of a lower door on the north elevation. e. The garage door shall either be a paneled faux carriage door with transom windows or shall have horizontal siding to match the house with no windows. ATNY014 \CNCLRPTS \BR0ADWAY.RrS 1 EXHIBIT A L The west elevation shall have two real double hung windows to match what previously existed since it is an historic element of the house that existed and the other matching houses on the street. These windows may be opaque or may be of such other materials as to ensure the privacy of both the homeowner and neighbors. g. The porch on the east elevation shall be made of wood. The door to the porch shall match the original door and shall be Victorian in character. h. The historic stone wall at the street shall remain the same from the street side, excluding the portion to be removed for the driveway. The siding shall match the existing front facade in terms of size, depth, width, material, pattern cut or bevel, angle, slope, type and width or depth of cut, if any. All wood siding material shall be real wood and not a composite or fabricated wood product. j. Final elevations, meeting these conditions, shall be subject to review by the Historic Preservation Committee. The Historic Preservation Committee shall hold a special meeting to meet the financial time constraints of the applicant if needed and if it is possible. (Engineering Section) Final grading, drainage, driveway, and sanitary sewer plans shall be submitted to the Planning Department's Development Section. 8. A Grading Permit will be required for the construction of the driveway and drainage facilities. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES: 9. 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. 10. All work in the public right -of -way will require a Construction Encroachment Permit. 11. A well information questionnaire (available through the Counter Technician) shall be completed. 12. A new sanitary sewer lateral with a property line clean -out shall be installed. ATNY014 \CNCLRPTS \BR0ADWAY.RES 2 EXHIBIT A 13. Plans for a new residence meeting the conditions of this application and other applicable building requirements shall be submitted for a building permit by March 1, 1994. 14. A performance bond for the full value of the reconstruction shall be submitted to the Town prior to the issuance of the building permit. 15. Replication construction shall be completed by October 1, 1994. 16. The contractor shall submit a written signed statement declaring that the contractor will diligently follow Contractors License Laws and not perform work without appropriate approvals. 17. The sewer lateral shall be relocated within property boundaries. 18. The residence shall be designed to include the following features: a. Light switches and thermostat controls shall be mounted between 36 inches and 48 inches from the floor to the center of the unit, electrical receptacle outlets shall be mounted no lower than 14 inches from floor to center of outlet. b. Wooden backing (2 inch x 8 inch minimum) shall be provided in all bathroom walls at water closet, shower and bathtub, located at 34 inches from the floor to the center of the backing, suitable for the addition of grab bars. C. Faucets and shower controls shall be operable with one hand and shall not require tight grasping, pinching or twisting of the wrist. The force required to activate controls shall be no greater than 5 lbs. Lever- operated, push - type and electronically controlled mechanisms are examples of acceptable designs. Separate hot and cold controls are acceptable providing they require a minimal amount of grasping to operate. d. Door buzzer, bell or chime shall be "hard" wired e. At least one bathroom (lavatory sink and water closet minimum) shall be provided on the accessible floor with a passage door at least 32- inches wide and space requirements for accessibility (36 in. x 48 in. clear space for water closet, 30 in. x 48 in. clear space for lavatory sink). If a bathtub is installed on the accessible floor, a 30 in. x 48 in. clear space (30 inches Dimension perpendicular to tub) shall be provided. ATNY014 \CNCLRM, \BROADWAY.RES 3 EXHIBIT A f. Exit doors accessing the rear yard shall have a 36 -inch wide door including: a 5 -foot by 5 -foot level landing, 18 -inch clearance at interior strike edge, and the threshold shall be no higher than one inch with 1:3 minimum bevel (as specified in the HCD standards) except that the required landing adjacent to the sliding glass doors shall be flush with the bottom of the threshold of that door and that the threshold shall be no higher than one and one -half inches. ATNY014 \CNCLRPTS \BROADWAY.RES 4 EXHIBIT A