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TOWN OF LOS ALTOS HILLS September 8, 2005 Staff Report to the Planning Commission RE: CONDITIONAL DEVELOPMENT PERMIT FOR A NEW RESIDENCE AND VARIANCES TO ALLOW THE HOUSE AND PARKING TO ENCROACH INTO THE FRONT AND SIDE SETBACKS; LANDS OF DIGIOVANNI AND SANDER; 12380 HILLTOP DRIVE; #104-05-ZP-SD-CDP-VAR FROM: Debbie Pedro, AICP, Senior Planner., APPROVED BY: Carl Cahill, Planning Director GG RECOMMENDATION: That the Planning Commission: Deny the requested Conditional Development Permit and variance based on the findings in Attachment 1. ALTERNATIVE Offer the applicant the option to continue the project and return with a house plan that conforms to the Town's setback requirements. BACKGROUND The subject property is a .49 acre parcel located on the south side of Hilltop Drive. The lot was created as part of the Hillhaven subdivision in 1930, prior to the Town's incorporation in 1956. The property is nearly flat with an average slope of 6.3% and a LUF of 0.491. Because the existing single -story house was constructed in 1953, prior to the establishment of the Town's zoning and site development guidelines, it is legal nonconforming and encroaches up to 10' in the north and south property line setbacks. On April 4, 1974, the Planning Commission approved a variance for a swimming pool to encroach 15' into the side and rear yard setbacks. A search of Town records indicates that except for the house, the circular driveway, and the swimming pool, all other existing structures on the property including an addition to the main house, a guest house, detached garage, pool cabana, and other hardscape improvements appear to have been installed by the previous owner without benefit of Town approval. The applicant is proposing to remove all the existing development on the property except for the legal nonconforming swimming pool and construct a new two-story residence with