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2011020704 - Architecture and Site application - 15928 Union Avenue�Q�q np MEETING DATE: 02/07/11 ITEM NO. CONSENT COUNCIL AGENDA REPORT DATE: February 2, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ARCHITECTURE AND SITE APPLICATION S- 09 -33. PROPERTY LOCATION: 15928 UNION AVENUE, PARCEL 2. PROPERTY OWNER: 217 O'CONNOR, LLC. APPLICANT /APPELLANT: TONY JEANS. ADOPT RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO CONSTRUCT A SINGLE - FAMILY RESIDENCE ON PROPERTY ZONED R -1:8, APN 527 -42- 008, AND REMANDING THE APPLICATION TO THE PLANNING COMMISSION. RECOMMENDATION Adopt the resolution denying the appeal of the Planning Commission decision and remanding Architecture and Site application S -09 -33 to the Planning Commission (Attachment 1). DISCUSSION On January 31, 2011, the Town Council considered an appeal of a Planning Commission decision to deny a request to construct a new residence on parcel 2 of a three -lot subdivision at 15918 Union Avenue, The Council denied the appeal and remanded the matter to the Planning Cormnission for further consideration. The attached resolution specifies the Council's findings and direction to the Commission. FISCAL IMPACT None Attachments 1. Draft resolution UX x/�, PREPARED BY : Wendie R. Rooney, Director of Community Development Reviewed by: Assistant Town Manager Town Attorney Clerk Finance Community Development Reformatted: 5 /30/02 Revised: 2/2/11 4:30 PM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPEAL FOR 15928 UNION AVENUE / FILE 4S- 09 -33. February 2, 2010 Distribution Jeff Grant, 39 Reservoir Road, Los Gatos, CA 95030 Tony Jeans, T.H.I.S Design, P.O. Box 1518, Los Gatos, CA 95031 WRR:SD:ct NADEV\TC REPORTS \2011 \Unian15928- 020711.do RESOLUTION 2011- RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO CONSTRUCT A SINGLE - FAMILY RESIDENCE ON PROPERTY ZONED R -1:8 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION OF ARCHITECTURE AND SITE APPLICATION S -09 -33 APN: 527 -42 -008 ARCHITECTURE AND SITE APPLICATION: S -09 -33 PROPERTY LOCATION: 15928 UNION AVENUE PROPERTY OWNER: 217 O'CONNOR, LLC APPLICANT /APPELLENT: TONY JEANS WHEREAS: A. This matter came before the Town Council for public hearing on January 31, 2011, and was regularly noticed in conformance with State and Town law. B. Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Planning Commission Report dated December 8, 2010, along with subsequent reports and materials prepared concerning this application. C. ' The applicant proposed to construct a new two -story single - family residence on one -of- -three approved lots on property zoned R -1:8-- The - property -is currently- vacant- with -an - -- - -- -- approved residence for Parcel 3 and development of Parcel 1 to be considered in the future under a separate application. Properties adjacent to the subdivided property are all developed with single - family homes. D. The Planning Commission considered the application on December 8, 2010, and voted to deny the Architecture and Site application based on findings that the plans for the proposed residence did not fully comply with the Town Council's direction, and that it was Attachment 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos California on the 7th day of February, 2011, 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 NADEV\RESOS \Union 1 5928Pc12- remand.r[f