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1987-126-Approval With Conditions Of Revised Plans For Expansion And Rehabilitation Of Single Family Residence In R-1D-LHP ZoneRESOLUTION N0: 1987 -126 RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF PLANNING COHNISSION APPROVAL WITH C014DITIONS OF REVISED PLANS FOR EXPANSION AND REHABILITATION OF SINGLE FAMILY RESIDENCE IN R -1D -LHP ZONE (37 BROADWAY - DANIEL SYLVESTER) WHEREAS: 1. Daniel and Linda Sylvester have appealed a decision of the Planning Commission as follows: Approval of Architecture and Site Application S- 86 -53a for revised plans for the expansion and rehabilitation of a single family residence in the R -1D -LHP Zone on property located at 37 Broadway and owned by Daniel Sylvester; 1987: 2. A public hearing was held by the Town Council on August 17, NOW THEREFORE BE IT RESOLVED. 1. The Town Council hereby finds that the Planning Commission erred in not resolving the conflict between the Historic Preservation Committee and 'the Parks, Forestry and Maintenance Services Department relating to the proposed removal of the 42 inch pine tree. 2. The Town Council further finds that a variance may be required to permit the construction of the garage without removing the pine tree. -1- 3. Based on the foregoing, the appeal is hereby remanded to the Planning Commission for consideration by the Development Review Committee to permit the garage construction and to accommodate the concerns of the Historic Preservation Committee and to preserve the tree. If a variance application is determined by staff to be necessary, the application fee therefor is waived. PASSED A14D ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 8th day of September 1987 by the following vote. AYES: COUNCIL MEMBERS Joanne Benjamin, Robert L. Hamilton, and Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS Thomas J. Ferrito ABSENT: COUNCIL MEMBERS Eric D. Carlson SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: DEPUTY C RK�OF THE TOWN OF FS G i -2_