October 15, 2003     Los Gatos, California Since 1881
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Council makes its ruling— car canopies must come down
By Linh Tat
More than six years after erecting the first of two carport canopies to prevent his cars from being hit by errant golf balls, Wedgewood Avenue resident Mark Medalie must take them down for fear that allowing the illegal structures to remain would set a precedent, the Los Gatos Town Council decided last week.

Medalie can simply take down the carports and leave the cars as is or follow one of three suggestions proposed by town staff: park inside the garage, park along the driveway to the side of the house or purchase heavy-duty car covers.

Councilwoman Diane McNutt also suggested that Medalie consider building a permanent carport on the driveway—a move that would require him to apply for another variance and pay more than $5,000 in new application fees with no guarantee it will be approved. The homeowner has already spent $2,850 in seeking a variance to keep the temporary carports, considered illegal because they are erected within the required setback.

In general, the town grants variances—a relief from strict terms of a zoning ordinance—only as a last resort and if it finds that not doing so would result in a unique hardship to the individual. Errant golf balls from La Rinconada County Club have been known to land in neighboring yards besides Medalie's.

Residents in the neighborhood agree the majority of balls seem to land on Medalie's property and cause the most damage. They said they have no problems with the carports.

"It's absolutely asinine that the neighbors' opinion could be so disregarded by the city. We had an overwhelming positive opinion of the carports," said Steve Pace, who lives four doors down from Medalie.

"The carports do the function they're put up to do. None of the neighbors think they're any detriment," said next-door neighbor Gary Brink. "There was an easy solution agreeable to the neighborhood."

Many of the neighbors agree the carports represented a much better solution than having the country club erect a net to screen errant balls, as this would cause a visual blight and lower property value.

The town's planning commission decided last month that the situation was safe enough when it approved the club's use permit without requiring a net. However, the commission will reassess the situation next year and could order additional screening if it's deemed necessary.

Medalie said it was unfair for the council to link to his case the 50 other homeowners in town identified as having illegal canopies—and who have refused to take down their canopies while awaiting this decision.

"Each case should be reviewed on its own merit," he said.

Vice Mayor Steve Glickman summed up the fears of most of his colleagues that allowing Medalie's carports to remain would set a precedent.

"I believe that everyone who has [a canopy] would feel his or her situation could be as unique," said Glickman, adding that the town does not want to hear "an avalanche of appeals and requests."

The council voted 4­1 to uphold the planning commission's ruling to not allow the carports to remain. Councilman Mike Wasserman was the lone dissenter, finding the application unique and one that he felt would not set a precedent.

As for the alternative suggestions presented by town staff, Medalie said that since he rents out a unit in the back of his property, he cannot park vehicles on the driveway leading to the back lot or else he would block in his tenants. Also, he said, parking in his two-car garage would still leave his third vehicle uncovered on the driveway. Furthermore, Medalie operates a sign business out of his garage.

"The garage would affect the livelihood of the Medalies," Brink said, referring to the suggestion that Medalie park his cars inside the garage, thus losing the space for his business.

Medalie, who has until about mid-November to take down the carports, said he plans to ask for an extension to allow him and his wife time to go on a "long overdue" vacation and then to sell the custom-made carports, valued at roughly $1,200 each.

"If we could afford the legal fees to fight this further, we would," Medalie said.

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