Attachment 08
RESOLUTION 2018-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST FOR EXTERIOR ALTERATIONS AND AN ADDITION TO A NON-
CONTRIBUTING SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED IN THE
ALMOND GROVE HISTORIC DISTRICT
ZONED R1-D:LHP.
APN 510-16-020
MINOR DEVELOPMENT IN AN HISTORIC DISTRICT APPLICATION: HS-18-018
PROPERTY LOCATION: 223 MASSOL AVENUE
APPELLANT: TYLER ATKINSON, ESQ.
APPLICANT/PROPERTY OWNER: VLADIMIR KANEVSKY
WHEREAS, on April 25, 2018, the Historic Preservation Committee held a public hearing
and considered a request for exterior alterations and an addition to a non-contributing single-
family residence on property located in the Almond Grove Historic District zoned R1 -D:LHP. The
Historic Preservation Committee approved the Minor Development in an Historic District
application.
WHEREAS, on May 7, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and Sara
Wigh, owners of the 216 Glen Ridge Avenue property, filed an appeal of the decision of the
Historic Preservation Committee approving the request for exterior alterations and an addition
to a non-contributing single-family residence on property located in the Almond Grove Historic
District.
WHEREAS, on June 13, 2018, the Planning Commission held a public hearing and
considered a request for exterior alterations and an addition to a non-contributing single-family
ATTACHMENT 8
Draft Resolution to
be modified by Town
Council deliberations
and direction.
residence on property located in the Almond Grove Historic District zoned R -1D:LHP. The
Planning Commission denied the appeal, approving the Minor Development in an Historic District
application.
WHEREAS, on June 25, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and
Sara Wigh, owners of the 216 Glen Ridge Avenue property, filed an appeal of the decision of the
Planning Commission approving the request for exterior alterations and an addition to a non-
contributing single-family residence on property located in the Almond Grove Historic District.
WHEREAS, this matter came before the Town Council for public hearing on August 7,
2018, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on August 7, 2018, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, the Town Council finds as follows:
A. In accordance with Town Code section 29.20.300:
1. There was error or abuse of discretion on the part of the Planning Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Planning Commission did not have discretion to
modify or address, but which is vested in the Town Council for modification or
decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request for exterior
alterations and an addition to a non-contributing single-family residence on property located in
the Almond Grove Historic District zoned R-1D:LHP is granted and the application is denied.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought wit hin the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of August, 2018, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
S:\COUNCIL REPORTS\2018\08-07-18\Appeal 223 Massol Avenue\Attachment 8 - Draft Resolution to grant the appeal and deny the project
(HS-18-18, residence).docx