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1991-064-Denying Appeal Of Director Of Building Services Decision To Deny Fee Waiver For Chimney And Fireplace Construction Needed Due To Earthquake DamageRESOLUTION 1991 - 64 RESOLUTION OF TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEAL OF DIRECTOR OF BUILDING SERVICES' DECISION TO DENY FEE WAIVER FOR CHIMNEY AND FIREPLACE CONS !'RUCTION NEEDED DUE TO EARTHQUAKE DAMAGE (47 W. ROBERTS ROAD/JULENE DEE PIEF) WHEREAS: A. Julene Dee Pief, owner and applicant, has appealed a decision of the Director of Building Services to deny the waiver fee for chimney and fireplace construction due to earthquake damage at 47 West Roberts Road; B. After the October 17, 1989 earthquake the Town Council passed a Resolution waiving earthquake related fees. One year later the Town Council reinstated all applicable fees effective January 1, 1991; C. Julene Dee Pief did not file an application before the deadline and the property was not listed on the Town's earthquake damage rolls; and, D. A public hearing was held on April 1, 1991. BE IT RESOLVED: A. The Town Council hereby finds that the Director of Building Services did not err in denying a fee waiver for chimney and fireplace construction due to earthquake. B. 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. 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of April, 1991 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Mayor Brent N. Ventura NAYS: None ABSENT: None ABSTAIN: Joanne Benjamin, Eric D. Carlson SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOST ATOS LOS GATOS, CALIFORNIA 2