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2011030712 - Attachment 6 - 381 Pennsylvania AvenueTOWN OF LOS GATOS 1"-- PLANNING COMMISSION STAFF REPORT ��S GptOS Meeting Date: January 26, 2011 PREPARED BY: Marni F. Moseley, AICP, Associate Planner mmoseley(2clos atosca.gov APPLICATION NO.: Subdivision Application M -10 -007 ITEM NO: 1 DESK ITEM LOCATION: 381 Pennsylvania Avenue (Southeast corner of Pennsylvania Avenue at Wissahickon Avenue) APPLICANT: Chris Spaulding, AIA PROPERTY OWNER: 381 Pennsylvania Avenue, LLC CONTACT PERSON: Gregory Howell APPELLANT: Matthew Haberkorn APPLICATION SUMMARY: Consider an appeal of a decision of the Development Review Committee approving a two -lot subdivision on property zoned R- 1:8. APN 510 -41 -057 EXHIBITS: 1 -19. Previously received 20. Letters from two neighbors (two pages) 21. Emails between Lee Quintana and Town Staff, received January 24 and 25, 2011 (two pages) REMARKS Additional correspondence received after the distribution of the packet is included. d \ •'� Prepared by: Marni F. Moseley, AICP Associate Planner Approved by: -die R. Rooney Director of Community Development WRR:MM:cgt N:\DEV\PC REPORTS\2011\381 Pennsylvania -desk item -2.doc ATTACHMENT 6 THIS PAGE INTENTIONALLY LEFT BLANK January 24, 2011 DECEIVED JAN 2 4 2011 Strothers TOWN OF LOS GATOS 7 Walnut Ave PLANNING DIVISION Los Gatos, Cal. 95030 Chair and Members of the Planning Commission, Town of Los Gatos 110 East Main St. P.O. Box 949 _ Los Gatos, Cal. 95030 Subject: Written appeal to rescind the Planning Commission's Decision to approve the subdivision at 381 Pennsylvania Ave., Los Gatos, Cal. 95030. Dear Planning Commission Members, We live directly across the street from the said location in question. Our property has been in our family for approximately 64 years. Our immediate family has been here for 38 years. We have seen many improvements and changes in our neighborhood. Regarding the Town General Plan/Land Use Planning/Docurnents -DRC- Preliminary Town Municipal Codes, we believe that there are some discrepancies between these written requirements. When it pertains to the uniqueness of this type of property, and location, inconsistencies do appear regarding the areas of historical significance and natural habitats for animals and birds. This property does have a historical and open space value in the immediate area. The structures are pre 1900. The open space, dictated by the canyon to the rear of the property, is a habitat for native birds and animals for centuries. This habitat will be jeopardized. The historical value of this property goes - ;v ML, out question. We are asking that this approval be rescinded. Sing rely, Robin and Buz Strothers EXHIBIT 20 January 25, 2011 To: Members of the Planning Commission RECEIVED Re: 381 Pennsylvania Avenue JAN 2 5 2011 Commissioners, TOWN OF LOS GATOS PLANNING DIVISION I am adamantly opposed to the proposal to divide the property at 381 Pennsylvania Avenue. This property is of historical significance to the neighborhood and town. It does have an official historical designation which must be respected. By allowing the proposal to proceed, the commission will be ignoring the character of the neighborhood. I owned the adjoining residence at 371 Pennsylvania Avenue for twenty -five years. I know that construction on the rear of the property at 381 will irreparably diminish the value of and enjoyment of the the property at 371. 1 also know that the former owners of the property at 381, the Mansons, would be outraged at this proposal to destroy the serenity of the neighborhood. The establishment of an additional building lot will have a significant negative impact on the residence at 371 Pennsylvania Avenue as well as the entire neighborhood. I urge you to support the appellant in this matter and retain the property at 381 as a single historical residence. Respectfully, Susan Kankel 99 Reservoir Road Los Gatos, CA 95030 Marni Moseley From: Marni Moseley .Sent: Wednesday, January 26, 20119:47 AM To: 'Lee Quintana' Subject: RE: 381 Pennsylvania Lee, The property is not in a historic district, only the house is considered historic in regards to its age. The land has no historic designation. A historic report is not required in that no changes are proposed to the historic house as part of the subdivision In addition, only subdivisions with a Landmark Historic - PreservationOverlay(LHP) designation would be reviewed by the HPC. The required setback along a street for new development within the R -1:8 zoning designation is: 15 feet. The existing house has a non - conforming side along a street setback of 10.8'. This will not be changed with the subdivision, and is permitted to be maintained per Division 5, of article 1, Chapter 29 of the Town Code. - - - -- Original Message---- - From: Lee Quintana [mailto:leeandpaul @earthlink.net] Sent: Wednesday, January 26, 20117:24 AM To: Marni Moseley Subject: Re: 381 Pennsylvania Marni F. Moseley, Thanks for your prompt reply - even though I addressed my first e -mail to Joel by mistake. I must have been looking at the Staff Report for Ditto's Lane. I have three additional questions or clarifications: 1) At what point in the process will an Historic Report be required? 2) When will 381 Pennsylvania be referred to the Historic Preservation Committee? 3) What minimum setback does the Town Code require for yards abutting a street? Please include my e -mails and your answers to them as a Desk Item to the Planning Commission. Thank you, Lee Quintana 5 Palm Avenue Los Gatos, Ca. 95030 On Jan 25, 2011, at 9:53 AM, Marni Moseley wrote: > tee, > 1) Yes the existing guest cottage /2nd unit does have a second unit permit; it was approved on 2/1/86. The unit was approved with 1 additional parking space which while not verified on the permit I believe was located in one of the ;accessory structures along Wissahickon. EXHIBIT 21 > 2) The existing garage on Pennsylvania was modified to its existing condition in 1996. From the approved plans it appears that the two car garage was a modification to an existing non - conforming single car garage, of which an expansion would be permitted subject to section 29.10.245 of the Town Code. > 3) The old General Plan referred to limiting cub cuts and driveway openings in new development. The 2020 General Plan does not include this policy, nor is the driveway located on a new development. From the general sense a new driveway opening generally requires a curb cut. In this case the existing property does not have a driveway or a curb cut, and the new driveway would not require a curb cut in that there are no curbs along this section of Pennsylvania. The new driveway would help to define access to the front entry, and provide a separate driveway for the second unit, which is strongly encouraged and often required for second units. > 4) The proposed tentative map was prepared by a licensed surveyor who has verified on the plans and in writing that the location of the old Laurel Ave is accurate. Staff has also verified based on the recorded maps and documents that the tentative map accurately shows the location of the land associated with the vacating of Laurel Ave in 1981, as well as the easement that runs within it. > Sincerely, > Marni F. Moseley, AICP > Associate Planner > (408) 354 -6802 > www.losgatosca.gov > - - - -- Original Message ----- > From: Lee Quintana [mailto:leeandpaul @earthlink.net] > Sent: Tuesday, January 25, 20118 :07 AM > To: Joel Paulson > Subject: 381 Pennsylvania > Joel, > I have a few questions regarding 381 Pennsylvania. > Is the existing cottage currently have a Second Unit Permit? > If so: 1) when was the permit issued and did it require designated parking on site? > If parking was required, where was it located? > What was the permitting process for the existing garage? > Was an Application for Variance for the front yard setback filed and approved? > In terms of the intent of limiting curb cuts and driveway openings what is the functional difference between the two? > When was the last time this lot was surveyed by a professional to accurately determine the parcel lines and the location of the Laurel Ave. easement? > Thanks, > Lee >