1991-054-Denying Appeal Of The Earthquake Restoration Committee Denial Of Modifications To Previously Approved Plans For A New Single-Family Residence Under Consruction In The R-1:10 ZoneRESOLUTION 1991 - 54
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF THE EARTHQUAKE RESTORATION COMMITTEE
DENIAL OF MODIFICATIONS TO PREVIOUSLY APPROVED PLANS FOR
A NEW SINGLE-FAMILY RESIDENCE UNDER CONSTRUCTION IN THE R-
1:10 ZONE, ES-89-71A. PROPERTY LOCATED AT: 220 HOLLYWOOD
AVENUE. OWNER/APPELLANT: MARTIN LETTUNICH.
WHEREAS:
A. Martin N. Lettunich owner/appellant, has appealed the decision of the
Earthquake Restoration Committee to deny revised plans to add floor area and make
exterior modifications to a single-family residence currently under construction.
B. On December 12, 1989, the Town Council considered the owners appeal of the
Earthquake Restoration Committee's previous decision to deny plans for a replacement
single family residence.
C. Plans could be approved if the Earthquake Restoration Committee determined
that the original house could have been remodeled to match the proposed house with only
a building permit.
D. Council finds that the changes are a significant departure from the approved
plans.
E. Town policy does not allow additions to be made within one year of
Architecture and Site Approval.
F. A public hearing was held by the Town Council on March 18, 1991.
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence was presented that the
Earthquake Restoration Committee erred in its decision.
B. The applicant is required to conform to the approved plans and shall not expand
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the floor area beyond 5,492 square feet without going through the Development Review
process.
C. Provided, however, applicant has the option of going through the
Development Review process without waiting one year.
D. If the applicant pursues this alternative, anything approved under Earthquake
Restoration including height of building would be approved. Other characteristics of the
project shall be subject to Development Review.
E. Based on the foregoing findings the appeal is denied.
Pursuant to Los Gatos Town Code Section 1-15, 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 1st day of April, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton,
Mayor Brent N. Ventura
NAYS: None
ABSENT: Joanne Benjamin, Eric D. Carlson
ABSTAIN: None
SIGNED:
A FIEST:
/94,70-72
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
«.ucizt -/7
CLERK OF THE TOWN OF';L S GATOS
LOS GATOS, CALIFORNIA
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