1982-139-Granting Appeal From Planning CommissionRESOLUTION N0. 1982 -139
RESOLUTION GRANTING APPEAL
FROM PLANNING CGIISSION
(749 Pollard Road - Texera Construction Co,, Inc.)
WHEREAS:
1. Daniel V. Texera has appealed a decision of the Planning Commission to
the Town Council, as follows: denial of Conditional Use Permit Application U- 80 -19A
and Architecture and Site Application S- 80 -62A; and
2. A public hearing was held by the Town Council on Jame 21, 1982.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the Planning Comnission erred in not
considering the following matters:
a.. The Commission lacked discretion to deny the applications based on
alleged non - conformity with the Subdivision Map Act, in view of the fact that a
final map on the subdivision had already been filed,
b. The applicant had already done considerable work on the site, including
installation of sewers and substantial payments to Knowles Drive Assessment District.
2. Based on the foregoing findings, the appeal is hereby granted, and the
above - entitled applications approved with the condition recommended in the Develop-
ment Review Committee report dated April 13, 1982.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN
COUNCIL OF THE TOWN OF LOS GATOS THIS 6th day of july
1982, by the following votes:
AYES: COUNCILMEMBERS Ruth Cannon, Thomas J. Ferrite, MarLyn J.
Rasmussen and Mavor Peter W. Siemens
NOES: COUNCILMEMBERS None
ABSTAIN:
ABSENT:
COUNCIIIMIBERS None
- � f
Clerk o . the Tom of Los Ga s
&F