Attachment 7 draft reso granting appeal and remanding to PCDraft Resolution to
be modified by Town
RESOLUTION 2015- Council deliberations
and direction.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE - FAMILY
RESIDENCE AND TO CONSTRUCT A NEW SINGLE - FAMILY RESIDENCE ON
PROPERTY ZONED R -1:8
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION
APN: 424 -24 -042
ARCHITECTURE AND SITE APPLICATION: 5 -14 -036
PROPERTY LOCATION: 240 EL CAJON WAY
APPLICANT /PROPERTY OWNER/APPELLANT: DMITRY LEBEDENKO
WHEREAS, on March 11, 2015, the Planning Commission held a public hearing and
considered a request to demolish an existing single - family residence and to construct a new
single - family residence property zoned R -1:8. The Planning Commission denied the request.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying a request to demolish an existing single - family residence and to construct a
new single - family residence.
WHEREAS, this matter came before the Town Council for public hearing on April 21,
2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town 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 for
their meeting on April 21, 2015, along with any and all subsequent reports and materials
prepared concerning this application.
ATTACM4M 7
WHEREAS, Council finds as follows:
A. One or more of the following, in accordance with Town Code section 29.20.300
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request to
demolish an existing single - family residence and to construct a new single - family residence
property zoned R -1:8 is granted and the application is remanded to Planning Commission for
further consideration.
2. The decision does not constitute a final administrative decision and the
application will be returned to Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 2151 day of April, 2015, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N'DEV.R ESOS 2 019 .EIC'njon240_RanandAppeal.doex
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