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1989-109-Denial Of A Zone Change From R-1D Single-Family Residential Downtown To R-1D-PD Single-Family Residential Downtown Planned DevelopmentRESOLUTION NO: 1989 -109 RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DENIAL OF A ZONE CHANGE FROM R -11) SINGLE - FAMILY RESIDENTIAL DOWNTOWN TO R -1D -PD SINGLE - FAMILY RESIDENTIAL DOWNTOWN PLANNED DEVELOPMENT (20 DITTOS LANE - MARKO GERA) WHEREAS: 1. Marko Gera has appealed a decision of the Planning Commission as follows: denial of a zone change from R -11) Single - Family Residential Downtown to R -1D -PD Single - Family Residential Downtown - Planned Development on property located at 20 Dittos Lane and owned by Marko Gera (Zoning Application Z- 86 -4); and 2. A public hearing was held by the Town Council on May 15, 1989. BE IT RESOLVED: 1. The Town Council hereby finds that no evidence or testimony was presented that the Planning Commission decision was in error. 2. The Town Council hereby further finds that the applicant has not demonstrated that access to the property has been resolved. 3. Based on the foregoing findings, the appeal is denied and Zoning Application Change Z -86 -4 is hereby denied. Applicant may reapply without fee when the access question is resolved, if the application is the same. 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 5 day of June , 1989 by the following vote. AYES: COUNCIL MEMBERS Eric D. Carlson Thomas J Ferrito NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Brent N. Ventura Robert L Hamilton ABSENT: COUNCIL MEMBERS Mayor Joanne Beniamin SIGNED: OF THE TOWN jLOS GATOS 4 t. ATTEST: f CLERK OF THE TOWN OF LOS GATOS 2