Marni Moseley. Let me know if you have any questions. Thank you. Thursday, October 29, : 35 AM To:

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1 Marni Moseley < Thursday, October 29, : 35 AM To: Marni Moseley Cc: Robert Schultz; 'John Livingstone'; ' Brad and Dana Krouskup' Subject: RE: Quail Hill APPEAL/ Rossi letter dated September 8, 2015 Follow Up Flag: Flag Status: Follow up Flagged Marni, As you know Ron Rossi represents Dana and I in matters related to access and easement issues with our neighbor at Quail Hill Road. Mr. Rossi submitted a letter to the Town dated September 8, Mr. Rossi' s letter was in the public file well in advance of the date materials were due for circulation to the Planning Commission for the September 23, 2015 hearing. Unfortunately, the September 8`h letter was omitted from the materials distributed to the Planning Commission; however, the letter from Gary Redenbacher (the Applicant' s attorney), dated August 17, 2015, to the Applicant' s Architect providing his opinion on easement issues and prescriptive rights was included in the materials distributed to the Planning Commission. Mr. Rossi' s September 8`h letter was a rebuttal to Gary Redenbacher' s letter. Without the benefit of the September 8` h letter the Planning Commission' s discussion and decision was biased. I do not understand your explanation that the letter was omitted because " it was not a comment directed to the Town ". If that was the case I would have expected Gary Redenbacher' s letter, directed to the Applicant' s Architect, to receive similar treatment. Can you please confirm for me that Mr. Rossi' s letter dated September 81h will be distributed to Town Council? Related to the topic of access, on Monday afternoon you sent me an with a Deed of Trust from 1957 as an attachment. I have forwarded your to our Attorney and to the Vice President of Title and Subdivision at Old Republic Title; both have provided me with their input. The document is a Deed of Trust, Bank of America is the Beneficiary. The easement was part of an equitable interest as security for the Bank' s loan. Unless the Bank foreclosed on the loan ( which there is no evidence of) they never received the equitable interest and the Deed of Trust was reconveyed. The Deed of Trust is not a matter of title, and is not the instrument by which title would be conveyed. Title to the easement was conveyed by Grant Deed, and recorded May 5, 1958 without any defined width. The Applicant has filed a complaint with their Title Company, First American Title based on their (mis) representation that a 20' wide easement exists. First American Title Company' s attorney, Jeff Lowenthal has been in conversation with our Attorney. Mr. Lowenthal and Mr. Rossi are discussing taking the easement issue to mediation. They have agreed on a mediator and are hoping to schedule a hearing sometime in December. Please include this with the information that will be distributed to Town Council. Let me know if you have any questions. Thank you. Marni Moseley [ mailto: MMoseley@losgatosca.gov] Wednesday, September 23, : 09 PM To: Cc: Robert Schultz; ron@rhrc. net; 'John Livingstone'; ' Brad and Dana Krouskup' Subject: RE: Quail Hill APPEAL/ Rossi letter dated September 8, 2015 I ATTACHMENT S

2 Brad, thank you for the heads up. It was not our intention to exclude this from the record and it is in the file, it was not a comment directed to the Town, and so it was not included like other comments that were addressed to the Town or handed to staff as part of the public hearing. I apologize for the confusion though. I' ve been out of the office all day conducting interviews and was unable to follow up on this until now. Unfortunately it is too late for staff to provide this to the Commission in the form of a desk item, however if you' d like the Commission to see it, you can bring 10 copies of it to the meeting tonight and distribute it during your presentation. Sincerely, Marni F. Moseley, AICP Associate Planner mmoseley@losgatosca. gov Community Development Counter Hours: 8: ooam 1: oo PM, Monday Friday Please note the upcoming Town closure: November 26 and 27, 2015 Thanksgiving [ mailto: BradCcbtoeniskoetter.com] Wednesday, September 23, : 21 AM To: Marni Moseley Cc: Robert Schultz; ron( c rhrc.net; ' John Livingstone'; ' Brad and Dana Krouskup' Subject: Quail Hill APPEAL/ Rossi letter dated September 8, 2015 Marni, I' ve been going through the Staff Report and the various materials distributed to the Planning Commission for tonight' s meeting. I do not see the September 8, 2015 letter from Ron Rossi. I' m hoping I just didn' t see it; from our standpoint it is a very important letter. Mr. Rossi' s letter is in response to the August 17th letter from the Applicant' s attorney, Gary Redenbacher ( included in the distributed materials). Mr. Rossi' s letter describes the difficulties in obtaining prescriptive easements rights. The Planning Commission should have this information in advance of tonight' s meeting with time to evaluate the comments Mr. Rossi makes. Can you please tell me why this letter was omitted from the distributed materials. ( if I missed it, I apologize.) Brad W. Krouskup President 8 CEO 0 Teniskoetter Toeniskoetter Development, Inc main office direct cell

3 Marni Moseley To: Cc: ' Subject: Attachments: < Thursday, October 29, :21 AM Marni Moseley Brad and Dana Krouskup';' John Livingstone' Correspondance with Applicant pdf, pdf; pdf; pdf Marni, I have attached 4 s that are meant to demonstrate some of our efforts to reach out to the Applicant; expressing our concerns and asking for meetings to discuss the project. These - requests are in addition to verbal requests made at various times; the verbal request I remember most was after the DRC meeting on August 11th. Each of these requests were either rejected or ignored. I would like these as part of the distributed material, and, hopefully your Staff Report can reflect that we did state our concerns and did reach out to the Applicant.

4 To: Saturday, May 09, :57 AM Sabrina, Thank you for following up on the meeting we had on May I' with you and your architect. Yes, I do remember you and Kevin showed Dana and I plans of a two story house about a year ago. It was our impression at the time that those plans were not prepared by an architect for your specific property, but were more of an example of what you were thinking of doing. I think it' s unfortunate that a year passed by before we received any update from you, and that was only after I contacted you. Also, as it pertains to height issues, I believe your architect told us in our meeting that the revision was a result of concerns that the neighbor to the east of your property has. In any event, Dana and I are discouraged that you are not willing to make the changes we suggested. We think your outdoor patio would function without a roof, or if a roof is needed, a much lower, less obtrusive roof line. We also think revising the roofpitch from 6 in 12 to 4 in 12 would be a minor revision with little or no architectural impact. While these are important issues to us, they are fairly insignificant when compared with the problems of access, circulation, and parking. We are also working on casement issues and will be touch as soon as we know more. Thanks again for following up.

5 To: ' Cc: Subject: Tuesday, May 12, :55 AM Marni Moseley' Dana Krouskup F W: Proposed new development, Quail Hill Road Marni, Thank you for meeting with John Livingstone and me last Friday. I really appreciate you spending so much time with us. As you know from our discussion, my wife Dana and I have several concerns regarding the proposed new development at Quail Hill Road. I have attached the I recently sent to Sabrina Wong responding to her on May 7u'. Dana and I have met Sabrina three times during the last year and a half. Our first meeting was before her husband Kevin purchased the property. Our second meeting was a little over a year ago. Our last meeting was on May 1n; after seeing the " story poles" go up I ed Sabrina requesting the meeting. In each of these meetings we have registered our concerns with the project, both in terms of the structure and access. We are researching access issues and should have additional information in the next few weeks. Let me know if you have any questions. Thanks again.

6 To: ' Cc: Subject: Monday, June 15, : 39 AM Kevin Hwang' Dana Krouskup ( danakrouskup@gmail. oom );'johnflivingstone@gmail.com' RE: Proposed new development, Quail Hill Road Kevin, I have to apologize for not responding to your sooner. I was hoping to have additional information regarding the easements that effect our pro_ perties before getting back to you. Unfortunately, I' m still waiting on some of that information. Several weeks ago I contacted First American Title Company (who I do a lot of my business work with) and a civil engineering company that did work for Dana and I when we bought our house. First American Title has given. us some preliminary information that suggests the easement that effects both our properties may be different than what is shown on your plans. Also, the easement at the southwesterly boundary of our property may not be on our property at all; instead it may be on the neighboring property to the southwest. It appears as if a Survey done in 2009 supports these preliminary findings. In order to get clarity on easement issues Dana and I have hired an attorney who is a business partner and friend of mine. He is working with Old Republic Title Company (they did the work when we bought our house) and we should have additional information very soon. As soon as we know more we will be in touch. You mention in your that you " would prefer to NOT have to go through (our) property to get to(your) house; but until the Town of Los Gatos says it' s OK to build a driveway from Drysdale, there isn't anything (you) can do about this". I think you know we have always preferred an approach that would provide access to your property from Drysdale. If I' m interpreting yourstatement correctly we are " on the same page"; independent access from Drysdale solves many, many concerns related to access, parking, circulation and safety. I' d like to propose that we approach the Town together with a plan we can all endorse. Let' s get together and discuss this approach as soon as possible. I think including your architect and a planning consultant we've hired, John Livingstone, would be helpful. Let me know when we can get together to discuss this further.

7 I Tuesday, October 20, : 15 PM To: ' Kevin Hwang' Cc: ' Brad and Dana Krouskup' Subject: FW: Alternate Site Plan Attachments: A -1 Site Plan Scheme 3. PDF; _ Certification_. htm Kevin, wanted to reach out to you one more time before the November 3` d appeal hearing. As you know from the meeting we had on May 1n, and my s on May 9' and June 15` h, Dana and I are very concerned about circulation and parking issues related to your proposed project. If your project moves forward as currently proposed we believe both properties, yours and ours, will be negatively affected by these issues. I think circulation and parking issues can be resolved allowing both us to fully enjoy our homes for years to come. If circulation and parking issues are not resolved, both us will enjoy our homes a little less, and their future value will be compromised. I am forwarding you a site plan revising a previous plan that we shared with Sabrina and Mike after the August 11`h DRC meeting. The previous plan provided a below grade garage and showed the carport and cottage being removed. The attached, revised plan keeps the carport and cottage in place and eliminates the need for a below grade garage. As is the case with the previous plan, this revised plan sets the house back from our property allowing for automobile circulation on your property, and parking required by the Hillside Specific Plan ( 4 parking spaces in addition to those spaces in the garage /carport) to be located outside the front and side setbacks. I' ve mentioned this before, but I want to make sure you know that we are not interested in designing your home. Providing this revised site plan is an effort to demonstrate how we believe circulation and parking issues can be favorably addressed. I would like the opportunity to meet with you to further discuss how we can resolve these issues. Dana and I want you to have a wonderful home and hope to be friendly neighbors for years to come. Please call me to schedule a time we can meet. 408/ Tom Sloan [ mailto :tsloan(a)metroarchitects.com] Wednesday, October 14, : 59 PM To: Subject: Alternate Site Plan Iii Brad This is the alternate Site Plan that shows the changes you requested. The " approved" house footprint is shown as a dashed line, while the " alternate" house footprint is shown shaded. Let me know if you have any questions. Tom Sloan AIA Metro Design Group 1475 S. Bascom Avenue suite 208 Campbell, CA )

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