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1999-116-Decision Denying An Application To Subdivide A Lot Into Three Parcels On Property Zoned R-1:10RESOL.U'TIOhT 1999 - llb RESOLUTION OF THE TOWN COUNCIL OF THE TOWN DF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING AN APPLICATION TO SUBDIVIDE A LOT INTO THREE PARCELS ON PROPERTY ZONED R-.1:10 PROJECT APPLICATION: PRJ-99-023 PROPERTY LOCATION: 169 STACIA STREET PROPERTY OWNERS/APPLICANTS/APPELLANTS: RANDY AND DARLENE NELSON WIIEREAS: A. This matter came before Council .for public hearing on July 6,199.9, on an appeal by Randy and Darlene Nelson from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law, B. Council :received testimony and documentary evidence from the appellants and all interested persons who wished to testify or submit documents. 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 dated June 1,1999, June 4,1999, June 28,1999, and deslc item dated.July 6, 1999, along with subsequent reports and materials prepared concerning this application. C. On February 17, 1999, the appellants presented a conceptual outline of a proposed plan to subdivide the property into three separate parcels and submitted a subdivision application. The Development Review Committee considered the application on 1Vlarch 8, .1999 and deemed the application complete. The Planning Commission denied the appellants9 formal subdivision application on April 14,1999. D. The appellants are appealing the Planning Commission decision because they believe that the Commission erred or abused its discretion and that the decision was not based on evidence in the record. .RESOLVED: 1. The appeal of the decision of the Planning Commission on Proj ect Application PRJ- 99-023 is therefore granted; 2, The conditions of approval as recommended to the Planning Commission on April 14, 1999, in Exhibit A to the .Planning Commission Staff Report regarding 169 Stacia Street dated April 6, 1999, are hereby adopted as the conditions of approval of this application (PRJ-99-023). 3. 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 relieffrom 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 or federal law. PASSED AND ADOPTED at a regular meeting. of the Town Council of the Town of Los Gatos, California held on the 19`" day of July, 1999 by the following vote. C®LJNCIL 1VIEIVIBERS: AYES:. Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirynski, IVlayor Jan Hutchins NAYS : None ABSTAIN: None ABSENT: None ~.. .SIGNED: 1VIAI'O OVVN ®F LOS GATOS L®S A'I'®S, CALIF®RNIA ATTEST: ~~ CLERK OF THE T®VVN OF LAS AT®S L®S (JATOS, CAI,IFORI~IA 2