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2000-095-Granting An Appeal And Remanding A Decision Of The Planning Commission Approving An Architecture And Site Application To Construct A New Single Family Residence On Property Zoned Hr- 2 1/2 Project Application: Prj-98-113 Property LocatioRESOLUTION 2000 - 95 RESOLUTION GRANTING AN APPEAL AND REMANDING A DECISION OF THE PLANNING COMMISSION APPROVING AN ARCHITECTURE AND'.SITE APPLICATION TO CONSTRUCT A NEW .SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-21/2 PROJECT APPLICATION: PRJ-98-11.3 PROPERTY LOCATION: 15:500 FRANCIS OAKS. WAY PROPERTY OWNER: PARKSIDE LIMITED APPLICANT./.APPELLANT.: T.H.LS..DESIGN WHEREAS: A. This matter came before the Council for public .hearing on July 10, 2000, on an appeal by T.H.LS. Design 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 of the Planning Commission proceedings and the pacl~et of material contained in the Council Agenda Report dated June 28, 20.00 :and the Desk .Item dated July 10, 2000, along with subsequent reports and materials prepared concerning this application. C. Applicant is requesting approval to build a new two story single family residence on a 7.98 .acre parcel zoned HR-21/2. The proposed house is a 5,897 square foot single story structure with a 539.5 square foot lower floor that creates a partial two story elevation at the southwest corner that will not be visible from Francis Oafs Way. The proposed four car garage is 1,09.5 square feet. D. T.H.LS. Design is appealing the Planning Commission decision because they believe that the Commission abused its discretion in approving the project subject to a condition that would prohibit any future subdivison of the property. Further that the placement of this condition arbitrarily changes the zoning of the parcel. E. Council finds pursuant to Town Code section 29.20.300 that new information was presented that was not available at the time of the Planning Commission hearing concerning the legality of placing a condition prohibiting future subdivisions of the parcel. Council notes that its action herein is only .intended to remove an inappropriate condition, not to approve or otherwise express an opinion regarding future subdivision of the parcel. F. Council further finds that the Planning Commission decision determining that the project is categorically exempt pursuant to section 15303 of the State Environmental Guidelines as adopted by the Town was correct. RESOLVED: The appeal of the decision of the Planning Commission on Project Application PRJ-98-113 is, therefore, granted in that condition of approval No. 6 is hereby deleted in its entirety, and the application is remanded to the Planning Commission pursuant to Town Code section 29.20:30.0 to evaluate in light of the deletion of the condition prohibiting future subdivision. 2. The Planning Commission decision determining that the project is categorically exempt pursuant to section 15303 of the State Environmental Guidelines as adopted by the Town was correct and is not affected by the decision to remand the application for the limited purpose of review pursuant to Town Code section 29.20.300. 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 17t" day of July, 2000 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Przynski, .Mayor :Steven Blanton. NAYS: None ABSENT: None ABSTAIN.: None G~~ SIGNED: ' MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST ~~ s CLERK OF THE TOWN OF S GATOS LOS -GATOS, CALIFORNIA