1993-167-Denial Of A Request To Exceed The Allowable Floor Area Ratio For An Existing Two-Story Residence And To Add Additional Floor Area To The Second Floor On Property In The R-1:8000 ZoneRESOLUTION 1993 -167
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING APPEAL OF A PLANNING COMMISSION DENIAL OF A REQUEST
TO EXCEED THE ALLOWABLE FLOOR AREA RATIO FOR AN EXISTING
TWO -STORY RESIDENCE AND TO ADD ADDITIONAL FLOOR AREA TO
THE SECOND FLOOR ON PROPERTY IN THE R- 1:8,000 ZONE
ARCHITECTURE AND SITE APPLICATION S -93 -19
(LOCATION 615 SAN BENITO AVENUE/OWNER: KEITH AND JAN
GOODWIN APPLICANT: JEANINE OF THE RESIDENTIAL DESIGNER)
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 243 square feet more than the 2,722 square feet that would be
permitted under the FAR formula, and
WHEREAS, there is no landmark and historic preservation overlay zone on this
property nor is there any applicable specific plan, and
WHEREAS, the Applicant and the Historic Preservation Committee worked together
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 Council received testimony and written submittals from a number
of neighbors as well as the Applicant, and
WHEREAS, the addition will not face the streetscape of San Benito Avenue but will
instead face the side of the property and will only affect those properties directly to the
back on Fancher Court, whose residents indicate that the addition will not have an adverse
impact on their environment or living style, and
WHEREAS, the size of the structure and its FAR with the proposed addition will
be compatible with neighboring properties and this information was apparently not available
to the Planning Commission at the time of its decision, and
WHEREAS, the integration of the design theme, mass, materials, height, roof line,
and scale are consistent with the Los Gatos Residential Design Guidelines for Pre -1941
Structures, and
WHEREAS, the testimony of the neighbors and personal observations shows that
the lot coverage, setbacks, and FAR of the structure with the proposed addition would be
compatible with existing neighborhood, and consistent with existing, neighboring structures,
such as 52 Ashler, 96 Faucher, 629 San Benito, and 633 San Benito.
WHEREAS, the Planning Commission erred in not giving sufficient weight to the
findings and recommendation of the Historic Preservation Committee and the redesign
made by the Applicant, and in addition, the Council has received additional information
regarding the size, FAR's, and views of neighboring properties,
NOW, THEREFORE, I1' IS DETERMINED AS FOLLOty'S:
1. The appeal of the Applicant from the Planning Commission decision to deny their
request to exceed the allowable floor area for an existing two -story residence and to add
additional floor area to the second floor of the property at 615 San Benito Avenue is
granted.
2. Applicant will be permitted to add up to 344 square feet to the existing structure
in the form of an addition to the second floor so Iona 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.
This decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.O8S of the Town Code of the Town of
Los Gatos. Any application from 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 15th day of November, 1993 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: `�
MA OR THE "TOWN LOS GATOS
LOS GA OS, CALIFO
ATTEST:
C� 1
CLERK OF THE TOWN OF US GATOS
LOS GATOS, CALIFORNIA
ATNY014 \CNCLRPTS \SANBENIT.RES 3