AgdaPkt 2003-06-23 - Laserfiche WebLink

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except that they did not require a Public Hearing, and they did not require a filing fee, which was essentially Option 2, for the most part. Chair Foust wanted to understand more about Option 2 and Option 3. Mr. Passanisi said the City Council approved the Ordinance that the applicant of a large day care homes notify surrounding property owners, but that they do not require Public Hearing or a filing fee. However, the confusion is that the wrong version was published in the Zoning Ordinance. Chair Foust said, "Basically the version that got printed was the version of the Planning Commission and the City Council Subcommittee." Mr. Passanisi concurred. Chair Foust asked, "When that was uncovered, and it when it went back to the City Council, what happened ?" Mr. Passanisi said, jumping forward to March, April, May of 2002, it was discovered there was an error as they went through the appeal for the 1232 Maxwell Large Family Day Care. At the City Council Appeal Hearing, the City Attorney (in his memo to the Mayor and members of the Council dated, May 31, 2002) concluded that it was clear that a non - discretionary permit process was the alternative of choice the City Council unduly adopted. Chair Foust asked, "What did the City Council do with the appeal ?" Mr. Passanisi said the City Council did not hear the appeal, because it was no longer under their jurisdiction. He said, essentially the decision of the Zoning Administrator approved the Large Family Day Care, stood. Chair Foust said, "So basically the City Attorney reviewed the tapes, reviewed all the information, reviewed what his interpretation was of the Council at that point." Mr. Passanisi said the Council did not disagree Commissioner Paulson commented on circle page 46 39.313-4, she quoted, "Day Care Centers located on major or collector streets shall be provided with a yellow zone." She questioned "yellow zone ? ". Commissioner Paulson said she interprets that to mean that the City will provide Day Care Centers with a yellow zone to prevent vehicles having to back into a major collector street. She said if that is not what it means, then it should be written differently. Mr. Passanisi said that was not the intent. Commissioner Paulson asked, "If we adopt the recommendation, and you get a Large Family Day Care center in a home, and that day care center then violates one of the required conditions, what happens? Is that a Code Enforcement issue? Who do the neighbors go to at that point ?" Mr. Passanisi said it could be a Code Enforcement issue and the City would send somebody to investigate to verify any violation of conditions occurring. The City would try to rectify and correct the situation. If not, technically the City could threaten to take Page 14 of 26