HomeMy WebLinkAbout042-90 RESOLUTION NO. 42-90
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE CONDITIONALLY DENYING
APPEAL REQUEST FILED BY PATRICIA THOMAS AND CONDITIONALLY UPHOLDING THE
DECEMBER 11, 1989 DECISION OF THE PLANNING COMMISSION TO REVOKE LAND
USE PERMIT 88-14 FOR NON-COMPLIANCE WITH CONDITIONS OF APPROVAL
WHEREAS, Patricia Thomas has appealed the December 11, 1989 decision of the
Planning Commission to revoke Land Use Permit LUP 88-14 which allowed the
operation of a childcare facility in an existing residence on a .34 acre site; and
WHEREAS, on November 28, 1988 the Planning Commission conditionally
approved Land Use Permit 88-14; and
WHEREAS, the Town of Danville initiated a revocation hearing before the
Planning Commission to allow the Commission to consider revoking LUP 88-14 for
failure to comply with Conditions of Approval; and
WHEREAS, proper notice was given in all respects as required by law for the
Planning Commission revocation hearing of December 11, 1989; and
WHEREAS, the Planning Commission received and considered the report and
recommendations as submitted by Town Staff as contained in the staff report to the
Planning Commission dated December 11, 1989;
WHEREAS, the Planning Commission did hear and consider testimony presented
prior to or during the public hearing; and
WHEREAS, the Planning Commission approved Resolution 89-8 revoking Land
Use Permit 88-14 subject to findings; and
WHEREAS, on December 18, 1989 the applicant, Patricia Thomas filed an appeal
of the Planning Commission decision to revoke LUP 88-i4 on the basis that she now
intends to comply with the conditions; and
WHEREAS, the Town Council did review the appeal request at a duly noticed
public hearing on March 6, 1990; and
WHEREAS, proper notice was given in all respects as required by law for the
Town Council public hearing on March 6, 1990; and
PAGE 1 OF RESOLUTION NO. 42-90
WHEREAS, the Town Council has received and considered the report and
recommendations as submitted by Town Staff as contained in the staff report to the
Town Council dated March 6, 1990; and
WHEREAS, the Town Council did hear and consider all reports, recommendations
and testimony presented prior to or during the public hearing; and
WHEREAS, the Town Council of the Town of Danville makes the following
findings in support of granting an extension to April 3, 1990 allowing the appellant
one additional month to comply with the Conditions of Approval for Land Use Permit
88-14:
.
The appellant has demonstrated a willingness to comply by installing a
class C roof in the facility at 101 Sonora in January 1990, thus complying
with condition A. 3.
.
The appellant has expressed a willingness to comply with all conditions
prior to April 3, 1990 .
BE IT RESOLVED by the Town Council of the Town of Danville, that the appeal
of Patricia Thomas of the Planning Commission's December 11, 1989 decision to revoke
Land Use Permit 88-14 for non-compliance with the conditions of approval pursuant
to Section 26-2.2022 of the Municipal Code is hereby continued to the April 3, 1990
Town Council meeting. Such continuance is granted on the express conditions that:
.
Appellant shall satisfactorily complete no later than April 2, 1990 all
remaining uncompleted conditions to Land Use Permit 88-14, as identified
in Exhibit F of the Administrative Staff Report dated March 6, 1990:
.
Within seven days, the appellant will draft a letter to the parents advising
them of the pending revocation and closure if all conditions are not met.
PASSED, APPROVED, AND ADOPTED this 6th day of March 1990 by the following
vote:
AYES: GREENBERG, LANE, SHIMANSKY
PAGE 2 OF RESOLUTION NO. 42-90
NOES: NONE
ABSTAIN: NONE
ABSENT: RITCHEY, SCHLENDORF
VICE MAYOR
ATTEST:
Approved )es To F oy~nk
CITY ATTORNEY
apmm 13
PAGE 3 OF RESOLUTION NO. 42-90