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1989-173-Denying An Application To Remove A Protected Sequoia Tree On Property In The R-1:10,000 ZoneRESOLUTION NO. 1989 - 173 RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD THE DECISION OF THE PLANNING DIRECTOR IN DENYING AN APPLICATION TO REMOVE A PROTECTED SEQUOIA TREE ON PROPERTY IN THE R- 1:10,000 ZONE (138 BLUEBERRY HILL - E. G. LA VEQUE) WHEREAS: 1. E. G. La Veque has appealed a decision of the Planning Commission as follows: upholding the decision of the Planning Director in denying an application to remove a protected sequoia tree on property in the R- 1:10,000 zone located at 138 Blueberry Hill and owned by E. G. LaVeque (Architecture and Site Application S- 89 -48); and 2. A public hearing was held by the Town Council on September 5, 1989. BE IT RESOLVED: 1. The Town Council hereby finds that the Planning Commission did not have the benefit of the revised recommendation of the Director of Parks, Forestry and Maintenance Services as follows: a. The tree should be removed due to the impact of the poor placement of the tree and the structural damage caused to the property owner's patio; b. The impact of the removal is lessened by a row of redwood trees located adjacent to the La Veque property in close proximity to the location of the sequoia proposed for removal; and C. The majority of feeder roots and many anchor roots have been severed within 60% of the subject tree's base perimeter. 2. Based on the foregoing findings, the Town Council hereby grants the appeal and approves the removal of the subject sequoia tree subject to the condition that the applicant is required to plant two 24 inch box trees as approved by the Planning Director and the Director of Parks, Forestry and Maintenance Services. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of September, 1989 by the following vote. AYES: NAYES: ABSTAIN: ABSENT: ATTEST: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Eric D. Carlson Thomas J. Ferrito Robert L. Hamilton Brent N. Ventura Mayor Joanne Benjamin NONE NONE COUNCIL MEMBERS NONE SIGNED: 2 C�yyt MA OF THE TOWN 06 LOS GATOS CLERK OF THE TOWN OF LOS GATOS ,