1983-064-Denying Appeal From Planning Commission-KayRESOLUTION NO. 1983 -6y
RESOLUTION DENYING APPEAL FROM PLANNING COXMISSION
(49 East Main Street - Kay)
1. Drs. Heuscher and O'Neill have appealed a decision of the Planning
Commission to the Town Council, as follows: approval of Conditional Use Permit
Application U- 82 -29; and
2. A public hearing was held by the Toxin Council on March 21, 1983;
IT IS HEREBY RESOLVED:
1, The Town Council hereby finds that the findings of the Planning Comnis-
sion were correct.
2. Based on the foregoing finding, the appeal is denied and the approval
is upheld, with the following conditions imposed by the Planning Commission:
a. Hours of operation shall be limited to 11:00 a.m. to 8:00 p.m.
Monday through Saturday, and 12 Noon to 5:00 p.m. on Sunday.
b. Maximum number of seats permitted is eight (8).
c. Beer and wine sales are only allowed for consumption off - premise.
No on- premise service is permitted.
d. At least one garbage receptacle shall be considered for location
either in the front or the rear, the number and location to be determined by the
Planning Director. Since the garbage receptacles are in the direct proximity of the
store, the emptying of them is the responsibility of the applicant.
e. A mercury light shall be added to the rear of the premises. The
location and type of light fixture shall be to the satisfaction of the Planning
Director.
f. Beer and wine sales are only allowed in conjunction with the sale of
g. The owners shall post signs, asking their customers not to litter
and /or loiter. The signs shall be subject to the approval of Town staff.
h. The application will be reviewed by the Planning Commission in
nine (9) months,
3. The following additional conditions are added:
a. The side door shall be permanently closed.
b. A new light shall be installed halfway between the street and the
rear of the building, subject to approval by the Town Engineer,
PASSED AND ADOPTED AT A
REGULAR
MEETING
OF THE TOWN COUNCIL
OF TIE TOWN OF LOS GATOS THIS 4th
day of
April
, 1983, by the
following votes:
REM
NOES:
COUNCIIMEMBERS Joanne Benjamin, Terrence J. Daily and
MarLyn J. Rasmussen
)UNCIIMII BERS Mayor Brent N. Ventura
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Thomas J. Ferrite
SIGNED:
ATTEST:
Clerk of the Town of of Iros G /Pl
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