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11 Addendum - 15350 Suview Drive~pW N OF tos os DATE: TO: FROM: SUBJECT: DISCUSSION: COUNCIL AGENDA REPORT October 13, 2006 MEETING DATE: 10/16/06 ITEM NO. ADDENDUM MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST FOR MODIFICATIONS TO AN APPROVED ARCHITECTURE & SITE APPLICATION RELATED TO GRADING AND LANDSCAPE IMPROVEMENTS ON PROPERTY ZONED HR-2'h. PROPERTY LOCATION: 15350 SUVIEW DRIVE. FILE #S-06-66. PROPERTY OWNER/APPLICANT & APPELLANT: CHARLES HACKETT, Attachment 8 is a letter from Mr. Killian, the applicant's attorney, who is requesting a remand which is an option for Council after holding a public hearing. Mr. Killian is also requesting a continuance of the public hearing to November 20, 2006. Staff has informed Mr. Killian that November 20 is not available. He would be satisfied with a continuance to a later date. In addition, Page 6 of the development plans is attached as it was inadvertently left out of the applicant's plans. Attachments: 1-7. Previously received attached to staff report 8. Letter from Charles T. Killian (two pages), received October 12, 2006 BNL: SD N:~DEV\SUZANNE\CounciARepons\Fwd. to TC\appealslSuvie v]5350-add.wpd PREPARED BY: u . Lortz, Direc or of Community Development N:1 DEVISUZANNE1Council,,RepottslFwd. to TC;appeats~Suvimt5350-add.wpd Reviewed by: Assistant Town Manager Town Attorney Clerk Finance Community Development Revised: 10/13/06 4:47 pm Reformatted: 5/30/02 Law Offices of Charles T. Kilian 20410 Town Center Lane, Suite 210 • Cupertino, California 45014 • Telephone (408) 777-3403 / FAX (408) 777-3401 October 10, 2006 Honorable Mayor and Town Council Town of Los Gatos Civic Center 110 E. Main Street P.O. Box 949 Los Gatos, CA 95030 OCT T 2 2000 T F LOS GATOS C EPARTMENT Re: Appeal of the denial of site and architecture Application #S-06-66 by the Planning Commission at its Meeting of September 13, 2006 (Owner- Charles Hackett), Site Location: 15350 Suview Drive Dear Honorable Mayor and City Councilmembers: This office represents Charles Hackett regarding the above-described appeal which has been currently scheduled for the council meeting of Monday, October 16, 2006 at 7:00 p.m. In this office's appeal letter (a copy of which is attached), I indicated that due to technical difficulties, there was no tape recording of the Planning Commission meeting; hence no detailed minutes were made available. I further understood from the planning staff that minutes may be prepared based upon individual statements to be prepared by individual planning commissioners several days after the meeting. I was informed by planning staff that I would be contacted regarding the availability of any detailed minutes and individual planning commission statements. I have yet to be contacted by any member of the planning staff regarding the availability of the record upon which my clients appeal is based. Mr. Hackett has informed me that at the Planning Commission meeting, the commission simply denied in Coto all his requested approvals (consisting of 9 separate and unrelated approvals) without consideration regarding the merits of each. Furthermore, none of Mr. Hackett's experts who were present were allowed to speak. I therefore request that the Town Council remand this matter to the Planning Commission with direction to consider each approval item on its individual merit, and to allow time for the presentation of expert testimony. This ATTACMENT 8 Page 2 would allow the commission the ability to give careful consideration to each request and would allow for the preparation of a complete record of the proceedings. If the council does not wish to remand the matter, then I respectfully request a continuance of this appeal hearing to the council' meeting of November 20, 2006, or later, for the following reasons: 1) A continuance would allow our office time to review whatever record the Planning Department is preparing; 2) A continuance would allow time for Mr. Hackett to prepare a presentation to include expert testimony and detailed visual aids to enable the council to make an informed decision; 3) A continuance would allow our office the opportunity to address some, or all, of the complaining neighbor's (Mr. Alex Gorovitz) concerns. Note--I have met with Mr. Gorovitz at the site and will be contacting him with my client's suggestions regarding mitigation. The reason for a continuance to November 20, or later, is that Mr. Hackett will be out of the country on business during the first two weeks of November. I will be present at the council meeting of October 16, 2006 to answer any questions. Sincerely, Charles T. Kilian CTK/djb cc: Town Clerk Orry Korb, Town Attorney Mr. Charles Hackett n! I ~I I~ I NACKETT RE511DF-NCE FE~-,F, YPi<p A 2 Lob G-p ~ ua i ku,C,. ZOOCn