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Attachment 08 RESOLUTION 2018-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR EXTERIOR ALTERATIONS AND AN ADDITION TO A NON- CONTRIBUTING SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED IN THE ALMOND GROVE HISTORIC DISTRICT ZONED R1-D:LHP. APN 510-16-020 MINOR DEVELOPMENT IN AN HISTORIC DISTRICT APPLICATION: HS-18-018 PROPERTY LOCATION: 223 MASSOL AVENUE APPELLANT: TYLER ATKINSON, ESQ. APPLICANT/PROPERTY OWNER: VLADIMIR KANEVSKY WHEREAS, on April 25, 2018, the Historic Preservation Committee held a public hearing and considered a request for exterior alterations and an addition to a non-contributing single- family residence on property located in the Almond Grove Historic District zoned R1 -D:LHP. The Historic Preservation Committee approved the Minor Development in an Historic District application. WHEREAS, on May 7, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and Sara Wigh, owners of the 216 Glen Ridge Avenue property, filed an appeal of the decision of the Historic Preservation Committee approving the request for exterior alterations and an addition to a non-contributing single-family residence on property located in the Almond Grove Historic District. WHEREAS, on June 13, 2018, the Planning Commission held a public hearing and considered a request for exterior alterations and an addition to a non-contributing single-family ATTACHMENT 8 Draft Resolution to be modified by Town Council deliberations and direction. residence on property located in the Almond Grove Historic District zoned R -1D:LHP. The Planning Commission denied the appeal, approving the Minor Development in an Historic District application. WHEREAS, on June 25, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and Sara Wigh, owners of the 216 Glen Ridge Avenue property, filed an appeal of the decision of the Planning Commission approving the request for exterior alterations and an addition to a non- contributing single-family residence on property located in the Almond Grove Historic District. WHEREAS, this matter came before the Town Council for public hearing on August 7, 2018, and was regularly noticed in conformance with State and Town law. WHEREAS, the 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 August 7, 2018, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, the Town Council finds as follows: A. In accordance with Town Code section 29.20.300: 1. 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 Planning Commission did not have discretion to modify or address, but which is vested in the Town Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission approving a request for exterior alterations and an addition to a non-contributing single-family residence on property located in the Almond Grove Historic District zoned R-1D:LHP is granted and the application 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 wit hin 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, held on the 7th day of August, 2018, 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 S:\COUNCIL REPORTS\2018\08-07-18\Appeal 223 Massol Avenue\Attachment 8 - Draft Resolution to grant the appeal and deny the project (HS-18-18, residence).docx