1994-094-Deny Request To Modify A Condition Of Approval Granted For the Construction Of A Duplex To Permit A Reduction In The Amount Of Wood Siding Required On Property In The "O" ZoneRESOLUTION 1994 - 94
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING APPEAL OF PLANNING COMMISSION DECISION TO DENY
REQUEST TO MODIFY A CONDITION OF APPROVAL GRANTED FOR THE
CONSTRUCTION OF A DUPLEX TO PERMIT A REDUCTION IN THE AMOUNT
OF WOOD SIDING REQUIRED ON PROPERTY IN THE "O" ZONE
ARCHITECTURAL & SITE APPLICATION S- 92 -13A
(PROPERTY ADDRESS; 17530 -17540 FARLEY ROAD/
APPLICANTS; MARTIN KRAMER AND TERRY MCELROY)
WHEREAS:
A. This matter came before the Council on appeal by the applicants from a
decision of the Planning Commission and was regularly noticed in conformance with State
and Town law.
B. The applicants are requesting that the condition of approval regarding the
amount of wood siding required on the subject duplex be reduced from 50% to
approximately 30% because of confusion over plan approval and the lack of architectural
enhancement that such additional siding might offer.
C. The Planning Commission erred in its denial of the modification application
in that:
i. There was confusion with the plans as to where the 50% of wood siding
was to be placed and the original condition of approval should have specified the
location so as to prevent that confusion from arising.
ii. The addition of wood siding to the current building would not improve the
appearance of the building.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architectural and
Site Application S- 92 -13A is granted and the wood siding required under the approval of
that application is hereby reduced from 50% to approximately 30% as exists on the building
on June 6, 1994.
This 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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 27th day of June, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF E TOWN OF S GATOS
LOS GATOS, CALIFORNI
ATTEST":
j
CLERK OF THE TOWN OF LOS ' ATOS
LOS GATOS, CALIFORNIA
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