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1987-051-Denying Request To Remove Two Oak Trees ON Property In The R-1;12,000 ZoneRESOLUTION NO. 1987 -51 RESOLUTION DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING REQUEST TO REMOVE TWO OAK TREES ON PROPERTY IN THE R -1 :12,000 ZONE (DAVID QUINN - 48 CHESTNUT STREET) WHEREAS, 1. E. Gary Schloh, architect on behalf of property owner David Quinn, has appealed a decision of the Planning Commission as follows: denial of a request to remove two (2) oak trees on property located in the R- 1:12,000 zone located at 48 Chestnut Street on property owned by David Quinn; and, 2. A public hearing was held by the Town Council on April 20, 1987. IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that no testimony or evidence was presented that the Planning Commission decision was in error. 2. The Town Council further finds that the appellant has not shown that the property cannot be developed unless the subject trees are removed. 3. The Town Council further finds that an Architecture and Site approval is required for a new or remodeled residence because the lot is non - conforming and that tree removal could be included as part of that approval. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review for 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, California, held on the 4th day of May, 1987 by the following vote: AYES: COUNCIL MEMBERS Joanne Ben.iamin. Eric D. Carlsnn_ Thomas J. Ferrito, Robert L. Hamilton, Mayor Brent N. Ventura. NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED:/ 4 MAYOR OF THE TOWN OF LOS GATOS ATTEST: DEPUTY CLERK OF THE TOWN OF LOS GATOS 3