HomeMy WebLinkAbout070-90RESOLUTION NO. 70 -90
IlI~SOI.UTION OF THI~ TOWN COUNCIl. OF THE TOWN OF I)ANVILI,E UPHOLI)ING
Ttll~ APPEAl. I~I~()[JEST FII.I'~I) BY PATI{ICIA THOMAS AND OVERTURNING THE
I)ECEMIH]R 11, 1989 I)ECISION OF Tltl! PLANNING COMMISSION TO REVOKE LAND
IJSE PEI{MIT 88-14 FOR NON-COMP!.IANCE WITH CONI)ITIONS OF APPROVAI,
WttE!{EAS, Patricia Thomas has appealed tile December 1 1, 1989 decision of the
l'lanning Conunission to rew)kc l~and LJsc Permit I.UP 88-14 which allowed the
operation of a childcare facility in an existing residence on a .34 acre site; and
WtlEI{EAS, on Novcmher 28, 1988 the I'lanning Commission conditionally
approved l,and [Jse Permit 88-14; and
WHEI{EAS, the Town of Danville initiated a revocation hearing before the
l'ianning Commission to allow the Commission to consider revoking LUP 88-14 ti)r
fidlure to comply with Conditions of Approval; and
WIII~I/EAS, proper notice was given in all respects as required by law for the
Planning Commission revocation hearing of l)cccmber 11, 1989; and
WtlERF, AS, the l'lanning Commission received and considered the report and
recommcndations ;is submitted by Town Staff as contained in the staff report to the
Planning Commission dated l)cccmber 11, 1989;
WHEIIEAS, the Phmning Commission did hear and consider testimony presented
prior to or during the public hearing; and
WttEI{EAS, the Planning Commission approved Resolution 89-8 revoking Land
llse l'crmit 88-'14 subject to findings; ancl
Wltl!l/EAS, on I)ecember 18, 1989 the applicant, Patricia Thomas filed an appeal
()f the Planning Commission decision to revoke IMP 88-14 on the basis that she now
intends to comply with the conditions; and
WI'tEREAS, the Town C'ouncil did review the appeal request at a duly noticed
pul)lic hearing on March 6, 1990; and
i{esolution No. 70-90
WHIi!/EAS, proper notice was given in all respects as required by law for the
Town Council public hearing on March 6, 1990; and
WttEREAS, tile Town Council bas 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
WHEI{I';AS, tile Town Council did hear and consider all reports, recommendations
and testimony presented prior to or during the public hearing; and
WHERIt. AS, tim Town Council ol: the Town of Danville granted an extension to
April 3, 1990 allowing the appellant one additional month to comply with the
Conditions of Approval for Land Use l'crmit 88-14; and
WHERI!AS, the public hearing was continued to the meeting of April 3, 1990; and
WItEI{EAS, Stall: has inspected the project site and find that compliance with the
conditions of approval bas been achieved; and
WHEIII~AS, the Town Council has received and considered the report and
recommendations as sul)nfitted by Town Stat:f as contained in the staff report to the
Town Council dated April 3, /990; and
WHEI{EAS, tile Town Council did hear and consider all reports, recommendations
and testimony presented prior to or during tile public hearing; and
WItERi~AS, tile Town Council of tim Town of Danville makes the following
findings in support of tile appcllant's request to overturn the Planning Commission's
l)ccember 11, 1989 decision to revoke I,and Use Permit 88-14:
.
The applicant has shown diligence and the Conditions of Approval for
I~and /Ise Permit 88-14 have been satisfied;
.
This I~and IJse Permit partially serves an identified need in the community;
and;
.
The applicant is no longer operating the day care facility in violation of
the I.and Use Permit; now, theretO)re
BE IT IIES()INI~.I) by tile Town Council of the Town of l)anville, that the appeal
liesolution No. 70-90
of Patricia Thomas of the Planning Commission's l)ecember I I, 1989 decision to revoke
l,and Use Permit 88-14 for nop-.compliance with tile conditions of approval pursuant
to Section 26-2.2022 of the Municipal Code is hereby upheld, overturning the l'lanning
Commissions's decision to revoke l,and /Jse l'ermit 88-14.
PASSED, APPI{OVEI), AND AI)O!q'EI) this 3rd day of April 1990 by the following
LANE! RITCHEY, SCHLENDORF, SttIMANSKY
vote:
AYES: GREENBERG,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
-g
Approved As To Form:
CITY R'~:ORNEY "
apmm14
!iesolution No. 70-90