1999-104-Decision To Approve An Architecture And Site Application To Demolish A Single Family Residence And To Construct A New Single Family Residence On Property Zoned R-1:8RESOLUTION 1999 - 104
RESOLUTION DENYING AN APPEAL, OF A PLANNING COMMISSION
DECISION'TO APPROVE AN ARCHITECTURE AND SITE
APPLICATION TO DEMOLISH A SINGLE FAMILY RES'IDEIVCE AND
TO CONSTRUCT A NEW ..SINGLE FAMII,Y RESIDENCE
ON PROPERTY ZONED R-1: 8
PROJECT APPLICATION: PRJ-98-119
PROPERTY LOCATION: 66 MARIPOSA COURT
PROPERTY OWNER /APPLICANT: RICIiARD AND PAMELA KATZ
APPELLANT: TIM MACIERZ
WHEREAS:
A. This matter came before the Council for public hearing on June 21, 1999, on an appeal by Tim
Macierz from a decision of the Planning Commission and was regularly noticed in conformance with State
and Town law..
B. 'The Council received testimony and documentary evidence from the appellant. and all
interested persons who wished to testify or submit documents. The Council considered all testimony and
materials submitted, including the record ofthe Planning Commission proceedings and the packet of material
contained in the Council Agenda Report dated June 10, 1999, along with subsequent reports and materials
prepared concerning this application.
C. On July 22, 1998, the applicants submitted their application to demolish the existing house
.and construct a new house. Plans were revised at least three times and the matter was before-the Planning
Commission four times (January 13, 1999, February 10, 1999, April 14, 1999, .and April 28, 1999) due to
the appellant appealing the Development Review Committee's approval decision.
D. During the Planning Commission's review of this application, it reviewed five areas, as well
as other items noted in the Town's .Residential Development .Standards for All Single Family :and Two-
FamilyDwellings and the required Town Code considerationsfor granting an Architecture and Site approval.
E. On April 28, 1999, the Commission approved this Architecture and .Site Application because
it believed the applicants had adequately addressed its concerns.
F. Appellant claims that the Planning Commission erred or abused its discretion and erroneously
failed to enforce the Town of Los Gatos Residential Development Standards for All ,single Family and Two-
Family Dwellings.
G. The Planning Commission decision was correct.
1tESOLVED®
The appeal of the decision of the Planning Commission on Project PRJ-98-119 is therefore
denied.
2. The Planning Commission's decision on April 28, 1999 stands, subject to the conditions,
findings and considerations made by the Planning Commission.
3. The decision constitutes a final.administrative decisionpursuant to Code of Civil Procedure
section 1094.6 as adopted bysection 1.10.085 ofthe Town Code ofthe Town ofLos Gatos. Any application
for judicial relief from this decision must besought 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, on the 6th day of July, 1999 by the following vote.
COUNCIL, MEMBERS:
AYES: Steven Blanton, Joe Pirzynski, Mayor Jan Hutchins.
NAYS:: Linda Lubeck
ABSENT.:. None
ABSTAIN: Randy Attaway ~,,,.,,,,.,,,.,,,,,
SIGNED:
MAX F LO GATOS
LOS TOS, CALIFORNIA
ATTEST.:
CLERK OF THE TOXIN L ~ GATOS
LOS GATOS', 'C~L;.f3'1~A
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