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1984-043-Approving Variance Application And Architecture And Site Application And Making Certain Modifications ThereofRESOLUTION 140. 1984 -43 RESOLUTION GRANTING THE APPEAL FROM THE PLANNING COMMISSION DECISION APPROVING VARIANCE APPLICATION AND ARCHITECTURE AND SITE APPLICATION AND MAKING CERTAIN MODIFICATIONS THEREOF (225 Saratoga Avenue - Olive Ruth O'Connor Trust; Theodore L. Shebs, Trustee) WHEREAS: 1. Mme. C. Yvette has appealed a decision of the Planning Commission as follows: approval of Variance Application V -83 -3 and of Architecture and Site Application S- 83 -30, requesting an exception to the development standards of the C -2 Zone and approval of plans for an addition to an existing office building at 225 Saratoga Avenue; and 2. A public hearing was held by the Council on Plarch 5, 1984; IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the Planning Commission decision should be modified to require the planting of shrubs or trees in the southwest corner of the subject property and in front of the subject property. 2. The Town Council further finds that the findings of the Planning Commission pursuant to Section 5.20.110 of the Zoning Ordinance are correct as follows: a. The grant of this variance can be done by this Commission because of the special circumstances applicable to the property, particularly in regard to the planter box in the back area. That the strict application of the Ordinance would deprive the property of privileges enjoyed by other property in the vicinity and the identical zone. b. The granting of the variance would not constitute a grant of special privilege inconsistent with limintations on other properties in the vicinity and zone in which this property is situated. 3. Based on the foregoing findings, the appeal is hereby granted and Variance Application V -83 -3 and the Architecture and Site Application S -83 -30 are granted subject to the following conditions: 1. The developer shall prepare parking, driveway, drainage, curb cut plans, and parking lot paving plans, to the satisfaction of the Town Engineer. 2. The length of the existing concrete driveway shall be reduced to conform to the existing width of the on -site driveway, to the satisfaction of the Town Engineer. 3. The developer shall obtain an encroachment permit for any work within the public right -of -way, to the satisfaction of the Town Engineer. 4. The developer shall enter into a two -year maintenance contract with the Town for protection of all new trees planted as noted on the landscape plan. 5. The developer shalt plant fast - growing shrubs or trees in the southwest corner of the property and trees in front of the subject property, all to the satisfaction of the Director of Parks, Forestry, and Maintenance Services. 4. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review of the Town Council decision is governed by Code of Civil Procedure Section 1094.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 19 day of March , 1984 by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCIL14EMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: SIGNED: ATTEST: I'OI INC TI MFMRFRC Nnno CLERK OF TH TON OF 'LOS GAT S