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1986-022-Denying Appeal Of Planning Commission Denial Of Appeal Of Secondary Unit PermitRESOLUTION NO. 1986 -22 RESOLUTION DENYING APPEAL OF PLANNING COMISSION DENIAL OF APPEAL OF SECONDARY UNIT PERMIT (43 Bayview -- John Kemp and Judith Kemp) WHEREAS: 1. Linda S. Groberg, attorney for John and Judith Kemp, has appealed a decision of the Planning Commission as follows: denial of an appeal of the denial of Application D -85 -5 for a secondary dwelling unit permit on property in the R -ID zone located at 43 Bayview and owned by John and Judith Kemp; 2. A public hearing was held on November 4, 1985 and January 21, 1986; IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the Appellants did not show that the unit in question existed as a secondary dwelling unit with plumbing on June 1, 1983. 2. The Town Council further finds as follows: a. A Declaration of Restrictions on the property at 43 Bayview was recorded on December 7, 1981 which provided that the accessory building at 43 Bayview not be used as a rental and that no sewer or other plumbing connection be made to the accessory building; and b. The former property owners, without Town permission or knowledge, removed the deed restriction by recording a Declaration of Abandonment on October 1, 1982 which indicates on the face thereof that a recorded copy of the Declaration of Abandonment be sent to the Appellants. 3. The Town Council further finds that the decision of the Planning Commission was correct and no error was committed. 4. Based on the foregoing findings, the appeal is denied. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review for the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 3rd day of February , 1986 by the following vote: AYES: COUNCILMEMMBERS Joanne Benjamin_, Thomas J. Ferrito, Brent N. Ventura, and Mayor Terrence J. Dail_ NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Eric D. Carlson SIGNED: ATTEST: CLERK OF THE TAN OF LOS , OS -2-