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09 Attachment 7 - Draft Resolution to Grant Appeal and Deny ProjectATTACHMENT 7 RESOLUTION 2020-___ 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 DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON A PROPERTY ZONED R-1:10. APN 532-12-015 ARCHITECTURE AND SITE APPLICATION: S-19-043 PROPERTY LOCATION: 146 ROBING WAY APPELLANT: JAMES ZAKY APPLICANT: GARY KOHLSAAT PROPERTY OWNER: MEHRDAD AND LEILA DEHKORDI WHEREAS, on JULY 22, 2020, the Planning Commission held a public hearing and considered a request for demolition of an existing single-family residence and construction of a new single-family residence on a property zoned R-1:10. The Planning Commission approved the Architecture and Site application subject to modified conditions of approval. WHEREAS, on August 3, 2020, the appellant filed an appeal of the decision of the Planning Commission approving the request for demolition of an existing single-family residence and construction of a new single-family residence on a property zoned R-1:10. WHEREAS, this matter came before the Town Council for public hearing on September 1, 2020, 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 September 1, 2020, along with any and all subsequent reports and materials prepared concerning this application. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission approving a request for Draft Resolution to be modified by Town Council deliberations and direction. demolition of an existing single-family residence and construction of a new single-family residence on property zoned R-1:10 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 within 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 1st day of September, 2020, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ N:\DEV\TC REPORTS\2020\Santella Ct 15365- Appeal\Attachment 11 - Draft Resolution to Grant Appeal and Deny Project.docx