Attachment 11RESOLUTION 2017-____
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING THE REQUEST TO CONSTRUCT A CANOPY OVER AN EXISTING PATIO ON
PROPERTY ZONED C-1:PD.
APN: 529-34-108
ARCHITECTURE AND SITE APPLICATION: S-17-013
PROPERTY LOCATION: 106 E. MAIN STREET
PROPERTY OWNER: TOWN OF LOS GATOS
APPLICANT: MEHDI DALVAND, THE MIDGLEN STUDIO
WHEREAS, the applicant requests approval to construct a canopy over an existing patio
on property zoned C-1:PD; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on June 6, 2017; and
WHEREAS, the Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the packet of material
contained in the Council Agenda Report for its meeting on June 6, 2017, along with any and all
subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council continued the matter to a date certain of June 2 0, 2017,
requesting additional information from staff; and
WHEREAS, this matter came before the Town Council for public hearing on June 20,
2017; and
WHEREAS, the Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the packet of material
Draft Resolution to be
modified by Town
Council deliberations
and direction.
contained in the Council Agenda Report for its meeting on June 20, 2017, along with any and all
subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council determined that the deck/patio area north of the building
in which the Los Gatos Museum Association is located, is not included in the 11,604 square feet
of lease premises set forth in the Lease Agreement and Exhibit A thereto, and is instead
considered part of the shared common space that can be used by the Los Gatos Museum
Association, the Friends of the Library, and the Town; and
WHEREAS, the Town Council finds as follows:
A. The project does not meet the considerations required for approval of an
Architecture and Site application as required by Section 29.20.150 of the Town Code.
NOW, THEREFORE, BE IT RESOLVED:
1. The Architecture and Site application S-17-013 to construct a canopy over an
existing patio 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 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 and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20th day of June, 2017 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
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