1999-008-Deny A Request For Approval To Demolish An Existing Pre-1941 Residence And Change The Zoning Designation From R-1:10 To R-1:10-PDRESOLUTION 1999 - 8
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION
RECOMMENDATION TO DENY A REQUEST FOR APPROVAL TO DEMOLISH AN EXISTING
PRE -1941 RESIDENCE AND CHANGE THE ZONING DESIGNATION FROM R -1:10 TO R -1 :10-
PD TO SUBDIVIDE A 1.5 ACRE PARCEL TO CREATE 4 NEW LOTS (FOR A TOTAL OF 5
LOTS) PLUS AN ACCESS STREET
PROJECT APPLICATION: PRJ -98 -103
DEVELOPMENT APPLICATION: DEV -98 -003
NEGATIVE DECLARATION: ND -98 -0004
PROPERTY LOCATION: 130 NINA COURT
APPLICANT / PROPERTY OWNER: JERRELL WILSON /PAUL BOONE
APPELLANT: JOHN LIEN, ARCHITECT
WHEREAS:
A. This matter came before the Council for public hearing on January 4, 1999, on an appeal filed
by the architect, John Lien, from a recommendation of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant and all interested
persons who wished to testify or submit documents. The Council considered all testimony and materials
submitted, including the record of the Planning Commission proceedings and the packet of material contained
in the Council Agenda Report dated December 28, 1998 and the desk item dated December 30, 1998,
concerning this application.
C. Development Review Committee considered the application on April 7, 1998 and deemed the
application complete. The Initial Study and Negative Declaration were received August 26, 1998. The
Development Review Committee forwarded the matter to the Planning Commission and recommended approval
subject to conditions.
D. On October 28, 1998 the Planning Commission denied the request for approval to demolish an
existing pre -1941 residence and change the zoning designation from R -1:10 to R- 1:10 -PD to subdivide a 1,5
acre parcel to create four new lots (for a total of five lots) plus an access street. The denial was based on the
Commission's inability to make findings under the Town's In -Fill policy relating to contribution to the further
development of the surrounding- neighborhood by improving circulation.
E. Appellant is appealing the Planning Commission's decision because they believe the Planning
Commission erred or abused its discretion, failed to consider the community benefit, and new information exists
which was not available for consideration at the time of the Planning Commission meeting.
denied.
F. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project PRJ -98 -103 is therefore
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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 19th day of January, 1999 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Joe Pirzynski, Mayor Jan Hutchins.
NAYS: Linda Lubeck
ABSENT: None
ABSTAIN: None
SIGNED: /
MAYOR° TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA