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1989-162-Denying A Request To Make Application For Secondary Dwelling Unit In The R-1:8000 ZoneRESOLUTION NO: 1989 -162 RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEALS OF A DECISION OF THE PLANNING COMMISSION GRANTING APPEAL OF A DECISION OF THE PLANNING DIRECTOR IN DENYING A REQUEST TO MAKE APPLICATION FOR A SECONDARY DWELLING UNIT IN THE R- 1:8000 ZONE (222 JO DRIVE - EMELIA MENDELSON) WHEREAS: 1. Marvin and Faith Woodlief, Lucy Crumpton, Allan and Nancy Mormann, Inchul Kang, Randal B. Carter, Jean Niebla, Lyn Starr, Walter E. Wade, Paul Byrnes, W. and Anne Bilkiewicz, Vernon and Delores Russell, Jacqui Adams and Jacqueline Kern have appealed a decision of the Planning Commission as follows: granting appeal of a decision of the Planning Director in denying a request to make application for a secondary dwelling unit in the R- 1:8000 zone on property located at 222 Jo Drive and owned by Emelia Mendelson (Architecture and Site Application S- 89 -32); and 2. A public hearing was scheduled before the Town Council on July 10, 1989 and continued to and held on August 7, 1989. BE IT RESOLVED: 1. The Town Council hereby finds that the Planning Commission erred by not considering the intent of the secondary dwelling unit ordinance which had the deadline extended on two occasions and that no exception should be allowed concerning unlawful units. 2. Based on the foregoing finding, the Town Council hereby grants the appeal and denies Architecture and Site Application S- 89 -32. 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 21st day of AUGUST, 1989 by the following vote. AYES: NAYES: ABSTAIN ABSENT: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Thomas J. Ferrito Brent N. Ventura Robert L. Hamilton Eric D. Carlson Mayor Joanne Benjamin COUNCIL MEMBERS None SIGNED: R OF THE TOWN OF Q�S GATOS ATTEST: CLERK OF THE TOWN OF LOS" GATOS iJ 2