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RESOLUTION 2001- 27 <br />RESOLUTION GRANTING AN APPEAL OF A DECISION <br />OF THE PLANNING COMMISSION DENYING A REQUEST TO <br />MODIFY A CONDITIONAL USE PERMIT {LOS GATOS <br />BREWING COMPANY) FOR A FULL LIQUOR LICENSE <br />ON PROPERTY ZONED C-2. <br />CONDITIONAL USE PERMIT APPLICATION: U-00-32 <br />PROPERTY LOCATION: 130-G NORTH SANTA CRUZ AVENUE <br />PROPERTY OWNER: DENNIS & KATHY VARNI <br />APPLICANT/APPELLANT: ANDREW PAVICICH, JR. <br />WHEREAS: <br />A. This matter came before Council forpublic hearing on March 5, 2001, on an appeal <br />by Andrew Pavicich, Jr. (applicant/appellant) :from a decision of the Planning Commission and was <br />regularly noticed in conformance with State and Town law. <br />B. Council received testimony and documentary evidence from the appellant and all <br />interested persons w11o wished to testify or submit documents. Council considered all testimony <br />and materials .submitted, including the record of the Planning Commission proceedings and the <br />packet of material contained in the Council Agenda Report dated February 28, 2001, along with <br />subsequent reports and materials prepared concerning this application. <br />C. Applicant/appellant is requesting approval to operate under a full liquor license at an <br />existing restaurant currently serving beer and wine. The service of alcohol is proposed for Sunday <br />through Thursday until 11:00 p.m.; and until 1.:00 a.m. on Friday, Saturday, holidays and evenings <br />before holidays. <br />D. The applicant/appellant is appealing the Plamling Commission decision because he <br />believes that the Commission did not Have the discretion to deny the application. <br />E. Council finds as follows: <br />