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1984-190-Granting Appeal Of Planning Commission Condition Of Approval Of A 35-Foot Setback For A Proposed Wall On Architecture And Site Application-Melvin And Gloria BasuiniRESOLUTION NO. 1984-190 RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL OF A 35 -FOOT SETBACK FOR A PROPOSED WALL ON ARCHITECTURE AND SITE APPLICATION (163351 Los Gatos - Almaden Road - Melvin and Gloria Basuini) WHEREAS: 1. Melvin Basuini has appealed a decision of the Planning Commission as follows: approval of Architecture and Site Application S -84 -55 with a condition of a 35 -foot setback for a proposed wall on the property located at 16351 Los Gatos - Almaden Road; 2. Public hearings were held by the Town Council on September 17, 1984 and on October 1, 1984; IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the Planning Commission erred in placing the 35 -foot setback condition on the architecture and site application because the current Town five -year Capital Improvement Program does not include the widening of Los Gatos - Almaden Road. 2. The Town Council further finds that the findings of the Planning Commission, pursuant to Section 4.86.180 of the Zoning Ordinance relating to a landmark site, are correct as follows: The proposed work will neither adversely affect the exterior architectural characteristics or other feature of the landmark, nor adversely affect the character of historical, architectural or aesthetic interest or value of the landmark or site. 3. The Town Council further finds that in considering the setback of the proposed wall, the following factors should be considered: a. The width of the road including a bike lane to be suffi- cient for the safety of bicyclists; and b. The construction of the wall to include movability should removal be necessary to widen Los Gatos - Almaden Road, les- ssening the expense of relocation of said wall. 4. Based on the foregoing findings, the appeal is hereby granted and Architecture and Site Application S -84 -55 is approved subject to the following conditions: a. The wall (permitted up to a maximum of six feet in height) shall be located approximately 15 feet north of the existing edge of pavement in accordance with final plans prepared by the applicant and approved by the Town Engineer. (The portion of the subject property south of the proposed wall will be acquired by the Town from the property owners of 16351 Los Gatos - Almaden Road.) b. The color of the wail shall be an earthtone shade as submitted to and approved by the Planning Director. C. The property owner shall enter into an agreement, subject to the approval of the Town Council, providing for the pur- chase of the portion of the applicant's property south of the proposed wall, and for relocation of the portion of the existing irrigation system which is south of the proposed wall. 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 re ular meeting of the Town Council of the Town of Los Gatos held on t e 15th day of October 1984 by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, and Terrence J. Daily NOES: COUNCILMEMBERS Brent N. Ventura and Mavor Thomas J. Ferrito ABSTAIN: COUNCILMEMBERS None ABSENT: SIGNED: ATTEST: LE tK OF THE TOWN OF LOS GA f -z®