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1984-143-Denying Appeal Of Planning Commission Condition On Conditional Use Permit Requiring Sanitary Facilities For The Handicapped And Denying Appeal Of Building Official Decision Requiring Sanitary Facilities For The HandicappedRESOLUTION NO. 1984 -143 RESOLUTION DENYING APPEAL OF PLANNING COMMISSION CONDITION ON CONDITIONAL USE PERMIT REQUIRING SANITARY FACILITIES FOR THE HANDICAPPED AND DENYING APPEAL OF BUILDING OFFICIAL DECISION REQUIRING SANITARY FACILITIES FOR THE HANDICAPPED (50 University Avenue - Veranda Restaurant) WHEREAS: 1. Asher Javaherian has appealed a decision of the Planning Commission as follows: Approval of Conditional Use Permit Application U -84 -12 including a condition that sanitary facilities for the Veranda Restaurant located at 50 University Avenue in Old Town be made handicapped accessible; and 2. The appeal is also from the decision of the Building Official requiring handicapped accessible sanitary facilities at the Veranda Restaurant due to the remodeling thereof; and 1984. 3. A public hearing was held by the Town Council on August 5, IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the findings of the Planning Commission were correct as follows: a. The findings required by Section 5.20.210 of the Zoning Ordinance were correct; and b. The modifications of the existing sanitary facilities to meet handicapped access requirements must be made. 2. With respect to the decision of the Building Official, the Town Council hereby finds as follows: a. The Veranda Restaurant has not shown that compliance with the decision of the Building Official creates an unreasonable hardship; and b. The Veranda Restaurant has not shown that it will provide sanitary facilities providing equivalent facilities for handicapped persons. 3. The Town Council further finds that the decision of the Planning Commission and the decision of the Building Official requiring handicapped accessible sanitary facilities were correct. 4. Based on the foregoing findings the appeal of each decision is hereby denied. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review of the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos e on t e 20t1 day of August , 1984 by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin. Eric D. Carlson, Terrence J. Daily, and Mayor. Thomas J. Ferrito NOES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: SIGNED: ATTEST: TLER O T-001 OF LOS GAY- COUNCILMEMBERS Brent N. Ventura -2-