Attachment 10
RESOLUTION 2018-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST FOR AN ADDITION TO A RESIDENTIAL ACCESSORY
STRUCTURE LESS THAN 450 SQUARE FEET WHICH IS VISIBLE FROM THE STREET ON
PROPERTY LOCATED IN THE ALMOND GROVE HISTORIC DISTRICT ZONED R1-D:LHP
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER
CONSIDERATION.
APN 510-16-020
MINOR DEVELOPMENT IN AN HISTORIC DISTRICT APPLICATION: HS-18-031
PROPERTY LOCATION: 223 MASSOL AVENUE
APPELLANT: TYLER ATKINSON, ESQ.
APPLICANT/PROPERTY OWNER: VLADIMIR KANEVSKY
WHEREAS, on April 25, 2018, the Historic Preservation Committee held a public hearing
and considered a request for an addition to a residential accessory structure less than 450 square
feet which is visible from the street on property located in the Almond Grove Historic District
zoned R1-D:LHP. The Historic Preservation Committee approved the Minor Development in an
Historic District application.
WHEREAS, on May 7, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and Sara
Wigh, owners of the 216 Glen Ridge Avenue property, filed an appeal of the decision of the
Historic Preservation Committee approving the request for an addition to a residential accessory
structure less than 450 square feet which is visible from the street on property located in the
Almond Grove Historic District.
WHEREAS, on June 13, 2018, the Planning Commission held a public hearing and
considered a request for an addition to a residential accessory structure less than 450 square
ATTACHMENT 10
Draft Resolution to
be modified by Town
Council deliberations
and direction.
feet which is visible from the street on property located in the Almond Grove Historic District
zoned R-1D:LHP. The Planning Commission denied the appeal, approving the Minor Development
in an Historic District application.
WHEREAS, on June 25, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and
Sara Wigh, owners of the 216 Glen Ridge Avenue property, filed an appeal of the decision of the
Planning Commission approving the request for an addition to a residential accessory structure
less than 450 square feet which is visible from the street on property located in the Almond Grove
Historic District.
WHEREAS, this matter came before the Town Council for public hearing on August 7,
2018, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on August 7, 2018, along with any and all subsequent reports and materials
prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request for an
addition to a residential accessory structure less than 450 square feet which is visible from the
street on property located in the Almond Grove Historic District zoned R-1D:LHP is granted and
the application is remanded to the Planning Commission for further consideration .
2. The decision does not constitute a final administrative decision and the application s
will be returned to Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of August, 2018, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
S:\COUNCIL REPORTS\2018\08-07-18\Appeal 223 Massol Avenue\Attachment 10 - Draft Resolution to grant the appeal and remand the project
(HS-18-0310, garage) to the Planning Commission.docx