1978-143-Modifying A Decision Of the Town Planning CommissionRESOLUTION 1978 -143
A RESOLUTION MODIFYING A DECISION OF THE
TOWN PLANNING COMMISSION
WHEREAS, Brian Warkentin, for Hardwark, Inc. has duly and regularly
filed an appeal with the Town Council, from a decision of the Town Plann-
ing Commission as follows: denial of Conditional Use Permit U -74 -3C and
Variance Application V- 73 -11A for Sir Toby's Restaurant, 210 East Main
Street.
WHEREAS, pursuant therto, a public hearing with respect to said
appeal has been duly and regularly held by the Town Council; and
WHEREAS, the Town Council has determined that the decision of the
Town Planning Commission should be modified,
NOW, THEREFORE, BE IT RESOLVED:
The decision of the Town Planning Commission, as hereinabove setforth,
is hereby modified as follows: grant appeal of Conditional Use Permit
U -74 -3C conditioned upon the use of 78 seats, including use of outdoor
patio during hours of 11:00 a.m. to 4:00 p.m.; with approval of 36 seats
in use for breakfast during the hours of 6:00 a.m. to 11:00 a.m.; and
approval of 36 seats in use for dinner during the hours of 4:00 p.m. to
10:00 p.m.; and granted on the condition that four parking spaces be
completed to Town standards. Variance application V- 73 -11A, is denied.
There was an error or abuse of discretion in the decision of the
Planning Commission in the following particulars: only in the fact that
Commission did not have all information available.
PASSED AND ADOPTED AT A REGULAR MEETING of the Town Council of the
Town of Los Gatos this 5th day of September, 1978, by the following votes:
AYES: COUNCIL MEMBERS: Ruth Cannon, Thomas J. Ferrite,
John B. Lochner, Peter W. Siemens and Mardi Gualtieri.
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: None.
Mayor, Town of Los Gatos
ATTEST:,
Clerk, ,Town; �'f. Los Gatos