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1987-003-Denying Appeal From Planning Commission Denial Of Request For Variance For Reduction Of A Side Yard Setback In The R-1:20 ZoneRESOLUTION NO: 1987 -3 RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF REQUEST FOR VARIANCE FOR REDUCTION OF A SIDE YARD SETBACK IN THE R -1:20 ZONE (706 More Avenue - Zicovich) WHEREAS: I. Roger L. Maino, counsel on behalf of Ronald Zicovich, appealed a decision of the Planning Commission as follows: denial of Variance Application V -86 -2 requesting reduction of a side yard setback in the R -1:20 Zone on property located at 706 More Avenue and owned by Ronald and Lucille Zicovich; 2. A public hearing was set for October 6, 1986, continued to November 17, 1986 and to December 15, 1986 on which date a public hearing was held on the appeal. IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that no testimony or evidence was presented that the Planning Commission decision was in error. 2. The Town Council further finds as follows: a. The structure encroaching into the side setback was built without Town permission and without comment from the neighborhood; h, Granting the variance would allow numerous Other properties in the area t8 build into the setback; C^ The setback area is being Used for a closet and not for a spa, which appellant claimed Was a medical necessity; d. Variances should he used with UtN0Jt care and granting the variance would send the wrong message about building without Town permission; and e. Appellant has not shown special circumstances applicable to the property exist to deprive such property of privileges enjoyed by other property in the vicinity under identical Zn8e and thus the finding pursuant t0 Zoning Ordinance Section 5^70.110 to grant the variance cannot be made. 3. Based on the foregoing findings the appeal is denied. Pursuant to Los Gatos Town Code Section l~lS, 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, California, held on the 5th day of January , 1987 by the following vote. AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, and Mayor Brent N. Ventura WOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS None SIGNED: I p �,�- MAYOR OF THE TOtN OF LOS GATOS ATTEST: CLERK OF THE TOt1N OF LOS GATOS