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1992-188-Denying An Appeal Of A Decision Of The Planning Commission To Demolish And Reconstruct A Portion Of A Lower Level Floor And To Relocate The Demolished Square Footage To A New Upper Level For A Single-Family ResidenceRESOLUTION 1992 -188 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION TO DEMOLISH AND RECONSTRUCT A PORTION OF A LOWER LEVEL FLOOR AND TO RELOCATE THE DEMOLISHED SQUARE FOOTAGE TO A NEW UPPER LEVEL FOR A SINGLE - FAMILY RESIDENCE WITH TWO ATTACHED SECONDARY DWELLING UNITS, ARCHITECTURE AND SITE APPLICATION 5 -92 -18 (LOCATED AT 130 BROADWAY /PROPERTY OWNER IRVING AND EVELYN MITSUNAGA /APPELLANT DENNIS J. KAZUBOWSKI) WHEREAS: A. Property Owners, Irving and Evelyn Mitsunaga, applied for approval of plans to demolish 390 square feet of the main house and reconstruct a portion of the main level of a residential structure and to construct a new upper level to the main house of 390 square feet with no changes to the secondary units proposed (Architecture and Site Application S- 92 -16); and B. The Development Review Committee reviewed the application on July 29, 1992, recommending approval of the application subject to no conditions; and C. The Planning Commission considered the application on August 12, 1992, and approved the application subject to no conditions on their consent calendar; and D. On August 20, 1992 the appellant, Dennis J. Kazubowski attorney for J. Thomas George appealed the Planning Commission's decision; and E. The Town Council held a public hearing on September 21, 1992; RESOLVED: A. The Town Council finds that the Planning Commission did not err in its approval of Architectural and Site Application S- 92 -16. Since the proposed remodelling will not increase demand on the sewer line which currently services the residence and no new building is being constructed, neither municipal, building, nor plumbing codes require analysis or replacement of the sewer line. B. The Town Council further finds that the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district since the structure is not historic and that the exterior materials and colors will match the existing residence. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review for the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of October, 1992 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton NAYS: None ABSENT: Mayor Eric D. Carlson ABSTAIN: Joanne Benjamin, Brent N. Ventura SIGNED: 910E -MAYOR OF AR TOWN OF LOS GATOS LOS GATOS, CALNIA ATTEST: c CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Oil