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Resolution 967 _,;",';""._,;,t;.;.;Oii''I ''\It' U'f!I>l! "',' "';;:;;_',""w.",..".,~,.";",,,,,,,,..,~_I,,-~.......~~w"~"'~"'''''''''''''~"',,,.;,,,',_ RESOLUTION NO. ~ RESOLUTION OF " THE COUNCIL OF THE CITY OF t;ILROY DECISION OF THE PLANNING COMMISSION UPON APPLICATION FOR . REZONING PREMISES LOCATED AT KORTijEAST CORNER OF 6TH AND ALEXANDER STREETS WHEREASz WOODSIDE HOMESz Inc., and KENNETH W. COOPER have hereto- fore applied to the Planning Commission of the City of Gilroy for the rezoning from R3 (Low Density Multiple Residence) District to R3X (High Density Residence) District, the following described premises situated in the City of Gilroy: Northeast corner of Alexander and Sixth Streets, portion of Lot No. 5 Block 1 North, Range 3 Eastl commencing at the Northerly line of Sixth Street and the Easterly line of Alexander Street; thence Northerly 150.00 feetj thence Easterly 142.00 feet; thence Southerly 150.00 feet; thence Westerly 142.00 feet to the point of beginning. ; and WHEREAS, the Planning Commission has heretofore fixed the 16th day of September, 1965, at the hour of 7:30 o'clock, p.m., in the Council Chambers in the City Hall at No. 10 South Rosanna Street, Gilroy, California, as the time and place for the hearing of said application for rezoning, and notice of the said hearing has been given as required by the Zoning Ordinance of the City of Gilroy and as required by lawj and WHEREAS, the said public hearing was held before the said Planning Commission at the time and place theretofore fixed by the Commission and in the said notice, and evidence was received by the Commission in support of and against the granting of the application, and the Commission did deny the said application and did find from the evidence presented at the public hearing that the public neces- sity, convenience, general welfare and good zoning practice required the denial of the application; that the premises for which the rezoning was petitioned located in a good class area with good residences in close proximity to the said premises and to chang~ the zoning of the said premises into a high density zone would adversely affect the neighboring premises. The said Commission also found that a high { I} CII/ r-;' density district should not be established in the residential areas east of the Southern Pacific Railroad tracks or premises located in said portion of the City classified as R3X District until aacareful study had been made by the Commission of the entire residential area east of the Southern Pacific Railroad right-of-way. The Commission also found that to grant the petition as prayed for would result in "spot zoning" and create a detrimental precedent. Petitioners did not present sufficient data to show the character of the structure or structures which they intended to place upon the premises or the change to be made in the present structure sufficient to apprIse the Commission of their full intentions; and WHEREAS, the said WOODSIDE HOMES, Inc., and KENNETH W. COOPER have appealed to the Council from the decision of the said Planning Commission and the said Council has heretofore and on the 20th day of September, 1965, fixed.Monday, the 4th day of October, 1965, at the hour of 8 otclock, p.m., in the Council Chambers in the City Hall at No. 10 South Rosanna Street, Gilroy, California, as the time and place for the public hearing of the said appeal, and the said hearing has now been held and evidence has been presented at the hearing both for and against the granting of the petition as originally prayed for, and the Council having duly considered the matter, NOW THEREFORE ( BE IT RESOLVED AND IT IS HEREBY ORDERED: That the decision of the Planning Commission of the City of Gilroy in denying the application for the rezoning of the said property to an R3X District should be upheld and is hereby affirmed. PASSED AND ADOPTED this 4th day of October, 1965, by the following vote: AYES: COUNCILMEMBERS : Duffi n ,Goodr i ch,\Yentworth ,1U:lemand, and Petersen. COUNCILMEMBERS :None NOES: ABSENT: ATTE:J: ,'/ .. t. "j/I.!?~!A / i " . ,; "-..... \.."'.tVJ-'4,.oo~ City Clerk ) 14 'f COUNcXLMEMBERS :Eckard and Quartiroli APPROVED, //' ~~ J /' --..,--.--'. (-~/ '1 ") 'M~y-;': L,1.. .~,d '- ~, ( 2) I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 967 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of October 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 5th day of October , 19~. -, .tJ) ~t: p~ City Clerk of the City of I :'