2003-038- Denying A Request To Construct A New Single Family Residence With A Reduction In The Front And Rear Setbacks On A Nonconforming Lot And To Merge Two Lots On Property Zoned R-1:8.RESOLUTION 2003 - 38
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A REQUEST TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE WITH A
REDUCTION IN THE FRONT AND REAR SETBACKS ON A NONCONFORMING LOT
AND TO MERGE TWO LOTS ON PROPERTY ZONED R -1:8.
APN: 529 -23 -015 AND 016
PROJECT APPLICATION: PRJ -98 -139
NEGATIVE DECLARATION: ND -99 -6
PROPERTY LOCATION: 339 BELLA VISTA AVENUE
PROPERTY OWNER / APPLICANT / APPELLANT: HAMID F. GHAZVINI
WHEREAS:
A. This matter came before Council for public hearing on April 7, 2003, on an appeal
by Hamid F. Ghazvini (property owner /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 April 3, 2003, and Desk Item dated April
7, 2003 along with subsequent reports and materials prepared concerning this application.
C. The application was originally submitted to the Town on August 12, 1998.
Throughout the history of the project, the Community Development Department has requested
additional information with no response received from the applicant. As a result of the inactivity
on the application, and pursuant to Resolution 1984 -21, the item was scheduled for a Development
Review Committee (DRC) hearing to deny the application due to lack of progress. On December
17, 2002, the DRC denied the application and the decision was appealed. The Planning
Commission heard and denied the appeal on February 26, 2003.
D. Appellant claims that the Planning Commission erred or abused its discretion and
erroneously failed to consider the history of the project.
E. Council finds that the decision of the Planning Commission was correct.
RESOLVED:
The appeal of the decision of the Plamiing Commission on Project PRJ -98 -139 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 21" day of April, 2003 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA