1987-195-Denial Of request For Approval Of Plans To Convert Additional Residential Space To Commercial Retail Or Office Are On Property Located In The C-2 ZoneRESOLUTION NO: 1987 -195
RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION
DENIAL OF REQUEST FOR APPROVAL OF PLANS TO CONVERT
ADDITIONAL RESIDENTIAL SPACE TO COMMERCIAL RETAIL
OR OFFICE AREA ON PROPERTY LOCATED IN THE C -2 ZONE
(104 UNIVERSITY AVENUE - JOHN AND RUTH GORK)
WHEREAS:
1. J.F. Van Houten, on behalf of John and Ruth Cork, appealed a
decision of the Planning Commission as follows: denial of Architecture
and Site Application S- 74 -15A requesting approval of plans to convert
additional residential space to commercial retail or office area on
property located in the C -2 zone at 104 University Avenue and owned by
John and Ruth Gork at the time of appeal and now owned by Bert Millen;
2. A public hearing was held on the appeal on May 4, 1987 and a
resolution adopted on May 19, 1987. Due to uncertainty concerning the
original Council decision, the Town Council on June 1, 1987 moved to
reconsider the appeal and set a new public hearing for July 20, 1987,
which was continued to September 8, 1987 and continued to and held on
November 2, 1987 for a hearing before the full Council.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that no testimony or evidence
was presented that the Planning Commission decision was in error.
2. The Town Council further finds that the policies of the
Downtown Specific Plan provide for preserving residential rental housing
stock and that the finding necessary for residential conversion as
required by Town Zoning Ordinance Section 5.20.050 cannot be made for the
requested conversion.
3. Based on the foregoing, the appeal is hereby denied and
Resolution No. 1987 -61 is repealed.
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 16 day of November ,
1987 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito
Robert L. Hamilton, and Vice -Mayor Eric D. Carlson
HOES: COUNCIL
MEMBERS
None
ABSTAIN: COUNCIL
MEMBERS
None
ABSENT: COUNCIL
MEMBERS
Mayor
Brent N. Ventura
SIGNED:
VICE
- MAYOR
OF THE TOtdN OF LOS GATOS
ATTEST:
CLERIC OF THE TONN OF LOS GATOS
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