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1978-009-Affirming A Decision Of The Town Planning CommissionRESOLUTION NO. 1978 -9 A RESOLUTION AFFIRMING A DECISION OF THE TOWN PLANNING COMMISSION WHEREAS, Jerry Richter, for The Antique Restaurant has duly and regularly filed an appeal with the Town Council, from a decision of the Town Planning Commission as follows: Condition nine of approval for The Antique Restaurant, 50 University Avenue; Site Application S- 76 -32D. Condition Nine being ''Quartz infrared heaters are not approved and are not to be permitted'' WHEREAS, pursuant thereto, a public hearing with respect to said appeal has been duly and regularly held by the Town Council; and WHEREAS, the Town Council has determined that the decision of the Town Planning Commission should be affirmed. NOW, THEREFORE, BE IT RESOLVED: 1. The decision of the Town Planning Commission, as hereinabove set- forth, is hereby affirmed, as the Commission did not err in its decision and based on the limited use of outdoor heaters not being concerned with control of energy but control of late night use of outdoor facility. PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS this 6th day of February, by the following votes: AYES: COUNCIL MEMBERS: Ruth Cannon, Mark B. DiDuca and Mardi Gualtieri NOES: COUNCIL MEMBERS: John B. Lochner and Albert B. Smith ABSENT: COUNCIL MEMBERS: None