1992-032-Granting An Appeal Of The Planning Commission Denying An Appeal Of The Planning Director Denying A Request To Remove A Protected Tree On Property In The R-1;20,000 ZoneRESOLUTION 1992 -32
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING THE APPEAL OF A DECISION OF THE PLANNING COMMISSION
DENYING AN APPEAL OF THE PLANNING DIRECTOR DENYING A REQUEST
TO REMOVE A PROTECTED TREE ON PROPERTY IN THE R- 1:20,000 ZONE
PROPERTY LOCATED AT: 261 MONTCLAIR ROAD
PROPERTY OWNERS /APPELLANTS: JOHN AND MARY SEWELL
WHEREAS:
A. John and Mary Sewell, property owners /appellants, have appealed a decision
of the Planning Commission denying an appeal of the Planning Director denying a request
to remove a protected tree on property in the R- 1:20,000 zone. Property is located at 261
Montclair Road.
B. The owner /appellant requested a tree removal permit for a Eucalyptus tree
with a trunk circumference of sixty -three inches (63 ") which is in good health. The tree
removal permit was denied by the Planning Director.
C. The Planning Commission considered the matter on January 8, 1992 and
denied the appeal.
D. A Town Council public hearing was held on February 18, 1992.
BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred in its
decision in that it failed to recognize the tree's interference with reasonable use of the
property as established by the perception of the owners and the neighborhood which voiced
overwhelming support of removal of the tree.
B. The Town Council hereby finds that the appeal is granted on the condition
that the owner pay costs of a replacement tree of a species and in an amount to be
determined by the Director of Parks, Forestry and Maintenance.
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
11094.6.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 2nd day March, 1992 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Mayor Eric D. Carlson
NAYS: Randy Attaway, Brent N. Ventura
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: l
LJ pa
CLERK OF THE TOWN OF LOS!GATOS
LOS GATOS, CALIFORNIA
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