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2002-173-Denying An Appeal Of Decision Of The Planning Commission Approving Construction Of A Second Story Addition On Property Zoned~. .RESOLUTION 2002 -173 RESOLUTION DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING CONSTRUCTION OF A SECOND STORY ADDITION ON PROPERTY ZONED R-1:8. MINOR RESIDENTIAL DEVELOPMENT APPLICATION: MR-02-3 PROPERTY LOCATION: 113 ALBERT COURT PROPERTY OWNER: RONNIE AND JAN KON APPLICANT/APPELLANT: CHARLES BROWN WHEREAS: A. This matter came before Council for public hearing on October 21, 2002 on an appeal by Charles Brown (Applicant/Appellant) 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 .appellant 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 October 11, 2002, ..along with subsequent reports and materials prepared concerning this application. C, The applicant is proposing a full second story addition. The addition will add 66 square feet to the existing. first floor and add 634 square feet to the existing second story, making the second story 1,084 square feet. D. Appellant claims that the Planning Commission erred or abused its discretion and erroneously failed to consider the surrounding neighborhood and the design of the remodel. E. The Planning. Commission decision was correct. RESOLVED: 1. The appeal of the decision of the Planning Commission on Minor Residential 1 Development Application MR-02-3 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, on the 4`'' day of November, 2002 by the following vote. COUNCIL MEMBERS: AYES.: Steven Blanton, Sandy Decker, Steve Glickman, Joe Przynski, Mayor Randy Attaway. NAYS : None ABSENT.: None ABSTAIN: None SIGNED: MAYOR OF E TOWN O OS GATOS LOS GATOS, CALIFORN ATTEST: ~ ~~~ . CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CAL~ORNIA 2