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5. Approve the applicant's request to amend the allowable development area to 12,983 <br />square feet, which then increases the allowable building coverage to 5,713 square <br />feet; and direct the applicants back to the Planning Commission for site development <br />review of the house. Staff is concerned that this option allows additional <br />development area even if the second story of the house is required to be reduced in <br />size, contrary to the original intent of the subdivision, and would also increase <br />building coverage accordingly. <br />Staff recommended either option three or four as being consistent with the original intent <br />of the subdivision and with subsequent site development approvals. <br />Bob Lefkowits, 28515 Matadero Creek Lane; Jerrell Thomas, 27933 Via Ventura; and <br />Nick Ward, 27947 Via Ventana each stated that they supported counting the second floor <br />as development area. Mrs. Jain, 28510 Matadero Creek Lane expressed her opinion that <br />the second floor area should not be counted. <br />Mr. Romer, applicant, explained that when they had purchased the lot two years ago they <br />had reviewed the files including Resolution #1559 and Ordinance #305. They had <br />mitigated the impact of the proposed house on the neighbors, had kept within the Town's <br />design guidelines and the subdivision's CC&Rs. <br />Pong Ng, applicant's architect, presented an overview of their application with the Town. <br />He referred to Resolution 91559 and their requested development area and further <br />commented that they had tried to work within the Town's design guidelines. <br />Rick Ettinger, 28520 Matadero Creek Lane, presented a brief history of the Matadero <br />Creek Subdivision, a summary of the regulations adopted by the Town concerning the <br />subdivision and a history of the development area adjustments in the subdivision. He <br />noted that Resolution #1559 which was adopted in 1985 granted up to a 2,000 square foot <br />shift of floor area from the second to first floor with an expansion of building coverage. <br />According to his records most of the subdivision's residents building two story homes <br />ignored this resolution. Mr. Ettinger acknowledged that the history of this subdivision <br />had included confusion over the regulations. The conditions of approval of the <br />subdivision were stricter than the regulations in the Town's Codes. In addition over the <br />years adjustments to the allowed development area had been approved. He suggested that <br />the following procedure be adopted at this time for all the lots in the Matadero Creek <br />Subdivision: 1) Per the original subdivision plan development in the Matadero Creek <br />Subdivision would be based on the unencumbered portions of the lots; 2) Calculation <br />formulas that determine allowable development area (MDA), building coverage (BC) and <br />allowable floor space (MFA) will be made using current Town Codes. These figures will <br />be maximums per the Town Code; and 3) Should the above calculations result in <br />increases of MDA beyond what was established at Matadero Creek and amended from <br />time to time by resolution, additional amounts may only be used for outside development, <br />not increases in floor area. Should the calculation result in a reduction of MDA from <br />what was established at Matadero Creek, each property would retain the MDA figures <br />listed by lot in the tentative map for the subdivision. <br />Edwina Course, 27933 Briones Way, asked if the request before Council for Lot 7 was <br />actually a variance and staff responded that it was not. <br />Viole McMahon, 27975 Via Ventana, asked if this amendment would go with the lot and <br />was advised that it would. <br />February 4, 1998 <br />Regular City Council Meeting <br />