1984-190-Granting Appeal Of Planning Commission Condition Of Approval Of A 35-Foot Setback For A Proposed Wall On Architecture And Site Application-Melvin And Gloria BasuiniRESOLUTION NO. 1984-190
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION
CONDITION OF APPROVAL OF A 35 -FOOT SETBACK FOR A
PROPOSED WALL ON ARCHITECTURE AND SITE APPLICATION
(163351 Los Gatos - Almaden Road - Melvin and Gloria Basuini)
WHEREAS:
1. Melvin Basuini has appealed a decision of the Planning Commission
as follows: approval of Architecture and Site Application S -84 -55 with a
condition of a 35 -foot setback for a proposed wall on the property located
at 16351 Los Gatos - Almaden Road;
2. Public hearings were held by the Town Council on September 17,
1984 and on October 1, 1984;
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the Planning Commission erred
in placing the 35 -foot setback condition on the architecture and site
application because the current Town five -year Capital Improvement Program
does not include the widening of Los Gatos - Almaden Road.
2. The Town Council further finds that the findings of the Planning
Commission, pursuant to Section 4.86.180 of the Zoning Ordinance relating
to a landmark site, are correct as follows:
The proposed work will neither adversely affect the
exterior architectural characteristics or other feature
of the landmark, nor adversely affect the character of
historical, architectural or aesthetic interest or value
of the landmark or site.
3. The Town Council further finds that in considering the setback of
the proposed wall, the following factors should be considered:
a. The width of the road including a bike lane to be suffi-
cient for the safety of bicyclists; and
b. The construction of the wall to include movability should
removal be necessary to widen Los Gatos - Almaden Road, les-
ssening the expense of relocation of said wall.
4. Based on the foregoing findings, the appeal is hereby granted and
Architecture and Site Application S -84 -55 is approved subject to the
following conditions:
a. The wall (permitted up to a maximum of six feet in height)
shall be located approximately 15 feet north of the existing
edge of pavement in accordance with final plans prepared by
the applicant and approved by the Town Engineer. (The
portion of the subject property south of the proposed wall
will be acquired by the Town from the property owners of
16351 Los Gatos - Almaden Road.)
b. The color of the wail shall be an earthtone shade as
submitted to and approved by the Planning Director.
C. The property owner shall enter into an agreement, subject
to the approval of the Town Council, providing for the pur-
chase of the portion of the applicant's property south of
the proposed wall, and for relocation of the portion of the
existing irrigation system which is south of the proposed
wall.
Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking
judicial review of the Town Council decision is governed by California
Code of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a re ular meeting of the Town Council of
the Town of Los Gatos held on t e 15th day of October 1984
by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson,
and Terrence J. Daily
NOES: COUNCILMEMBERS Brent N. Ventura and Mavor Thomas
J. Ferrito
ABSTAIN: COUNCILMEMBERS None
ABSENT:
SIGNED:
ATTEST:
LE tK OF THE TOWN OF LOS GA
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