1984-197-Granting Appeal From Planning Commission Determining That The Nonconforming Status Of The Building Of Los Gatos Chrysler/Plymouth Has Ceased And The Use Is No Longer LanfulRESOLUTION NO. 1984 -197
RESOLUTION GRANTING APPEAL FROM PLANNING COMMISSION
DETERMINATION THAT THE NONCONFORMING STATUS OF THE
BUILDING OF LOS GATOS CHRYSLER /PLYMOUTH HAS CEASED
AND THE USE IS NO LONGER LAGWFUL,
(16203 Los Gatos Boulevard - Los Gatos Chrysler /Plymouth)
WHEREAS:
1. Laurie Ann Rivoir, on behalf of Los Gatos Chrysler /Plymouth, has
appealed a decision of the Planning Commission as follows: determination
that the nonconforming status of the building at Los Gatos Chrysler/
Plymouth has ceased and the use is no longer lawful on the property
Tocated at 16203 Los Gatos Boulevard.
2. A public hearing was held by the Town Council on October 1, 1984.
3. On October 1, 1984 the Town Council denied the appeal.
4. On October 2, 1984 the lot adjacent to Los Gatos Chrysler /Plymouth
was returned to its original state.
5. On October 15, 1984 the Town Council reconsidered its decision of
October 1, 1984.
IT IS HEREBY RESOLVED:
T. The Town Council hereby finds that the findings of the Planning
Commission were correct as follows:
a. Under Zoning Ordinance Section 3.50.085 there is a
nonconforming use (Los Gatos Chrysler /Plymouth) which
has been modified without obtaining a Conditional Use
permit;
b. Tire modification, which consists of the use of additional
land, is an intensification of use under Zoning Ordinance
Section 3.50.086; and
C. The only way the use can be restored to a lawful use is to
cease using the adjacent Tot to any degree and at any time,
further, the lot must be returned to its original state,
which includes removing the chain link /redwood slat fence,
the gravel and the lights.
2. The Council further finds that the decision of the Planning
Commission was correct as follows: pursuant to Zoning Ordinance Section
3.50.087, the otherwise valid nonconforming use was unlawful because the
nonconforming use had been modified without a use permit as required by
Zoning Ordinance Section 3.50.085.
3. The Council further finds that an intervening fact since the time
of the public hearing on October 1, 1984 warrants reconsideration of the
Council decision of October 1, 1984: the Tot adjacent to Los Gatos
Chrysler /Plymouth was returned to its original state on October 2, 1984.
4. Based on the foregoing findings, the appeal is hereby granted.
The nonconforming use of the property at 16203 Los Gatos Boulevard is no
longer unlawful. This decision does not affect the nonconforming status
of said property. A conditional use permit for said use at 16203 Los
Gatos Boulevard is required by March 23 , 1986.
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 7094.G.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos held on the 5th day of November ,
1984 by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson, Terrence J. Daily and Brent N. Ventura
NOES: COUNCILMEMBERS Mayor Thomas 7. F rrito
ABSTAIN: COUNCILMEMBERS None
ABSENT:
SIGNED:
ATTEST:
COUNCILPAEMBERS None
CLERK OF THE TOWN OF LOS GAT
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