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2001-022-Denying An Appeal Of A Decision Of The Planning Commission Denying A Request Of A Planned Development To Change The Zone From Rm:5-20 To Rm:5-20 Pd To Construct Four Dwelling Units And ArchitRESOLUTION 2001- 22 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS CrATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING A REQUEST OF A PLANNED .DEVELOPMENT TO CHANGE THE ZONE FROM RM;5-20 TO RM:5-20 PD TO CONSTRUCT.FOUR DWELLING UNITS AND ARCHITECTURE AND .SITE APPROVAL TO DEMOLISH FOUR EXISTING PRE-.1941 RESIDENCES PROJECT APPLICATION: PRJ-98-026 NEGATIVE DECLARATION: ND-00-1 PROPERTY LOCATION.: lO 1V10NROE COURT PROPERTY OWNER: DH-MONROE INVESTORS LLC APPLICANT /APPELLANT: STAN QUEEN WI3EREAS: A. This matter came before Council for public hearing on February 20, 2001, on an appeal by Stan Queen from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Council considered all testimony and materials submitted, including the record of the Plam~ng Commission proceedings and the packet of material contained in the Council Agenda Report dated February 14, .2001., along with .subsequent reports and materials prepared concerning this application. C. Applicant is requesting adoption of a Planned Development to permit the construction of four town homes on approximately 1.44 acres. The density of the development is 2.7 units per acre. The site is located at the southern terminus of Monroe Court and bounded by two single family residences to the west, Los Gatos Creels on the east and north and a three stoiy apartment building on the south. The site currently contains four pre-1941 cottages which are proposed to be demolished under the Architecture and Site .Application. The Planning Commission considered the matter on December 6, 200 and denied the application. 1 D. Appellant claims that the Planning Commission erred or abused its discretion and erroneously failed to provide direction to the applicant. E. Council finds t11at the decision of the Planning Commission was correct. RESOLVED: 1. The appeal of the decision of the Planning Commission on Development Application DEV- 98-007 and Project Application PRJ-98-026 is denied without prejudice to a new rezoning application to be submitted at any time.. 2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief .from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by .State and Federal law. PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, on the STH day of'March, 2001 by the :following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Przynsl~i. NAPS : None ABSENT: None ABSTAIN: None ~~ ~~_-,~ SIGNED: YO HE'TOWN OF LOS GATOS - OS GATOS, CALIFORNIA ATTEST: ~ ~ . CLERK OF TIDE TOWN OF OS GATOS LOS GATOS, CALIFORNIA 2