1991-244-Granting The Appeal Of The Planning Commission Denying Plans For Expansion Of A Single-Family Residence And Relocation Of A Secondary Dwelling Unit On Property In The R-1D-LHP ZoneRESOLUTION 1991 -244
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING THE APPEAL OF THE PLANNING COMMISSION DENYING
PLANS FOR THE EXPANSION OF A SINGLE - FAMILY RESIDENCE AND
RELOCATION OF A SECONDARY DWELLING UNIT ON PROPERTY IN
THE R -1D -LHP ZONE; ARCHITECTURE AND SITE APPLICATION: 5 -91 -55
(141 MASSOL AVENUE /OWNER: BILL AND SHARON MARTIN/
APPELLANT: TONY JEANS)
WHEREAS:
A. Tony Jeans, appellant, has appealed a decision of the Planning Commission to
denying plans for the expansion of a single - family residence and relocation of a secondary
dwelling unit on property in the R -1D -LHP zone. Architecture and site application 5 -91-
55. Property located at 141 Massol Avenue, property owned by Bill and Sharon Martin;
and
B. The applicant plans to add 716 square feet for a second story addition to the rear
of a 1,902 square feet single - family residence and to relocate a legal secondary dwelling unit
from the first floor to the second floor; and
C. The Development Review Committee recommended approval of the addition and
denied relocating the secondary dwelling unit from the first floor; and
D. The Planning Commission first considered this matter on September 11, 1991
and, after several tie votes, continued the hearing to September 25, 1991. On September
25, 1991 the Planning Commission again had several tie votes, denied the application, and
suggested appeal to the Town Council; and
E. A public hearing of the Town Council was held on October 21, 1991.
RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred in their
interpretation of Zoning Code Section 3.96.080. The Town Council finds that Zoning Code
Section 3.96.080 allows relocation of a secondary unit to a second story if the unit is not
increased in size, good cause is shown for allowing such a relocation, and the design is
consistent with development in the neighborhood and enjoys neighborhood support. The
Town Council further finds that the proposed relocation meets all these criteria.
B. The Town Council further finds that the Planning Commission erred procedurally
in failing to continue action on this matter until enough members were present to break the
tie votes.
C. Based on the foregoing findings, the Town Council hereby grants the appeal.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 4th day of November, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson
Mayor Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOSATOS
LOS GATOS, CALIFORNIA
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