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HomeMy WebLinkAboutCUP 64A; Eugene Chappee; Conditional Use Permit (CUP)MEMORANDUM TO : Planning Director FROM: City Attorney DATE: February 14, 1975 RE: Amendment to Chappee CUP S#dp The Planning Commission at their February 11, 1975 meeting amended the Chappee Conditional Use Permit by the deletion of certain conditions. Planning Commission actions on Conditional Use Permits are final unless appealed. In this case the Planning Commission initially denied the per- mit which was then granted by the City Council on appeal. The question is then presented whether or not the Planning Commission by a subsequent action may modify the terms of the permit. In my view, they may take that action which is final unless appealed to the City Council. It is my recom- mendation that you immediately prepare a memorandum for the Council outlining the Planning Commission action. You should detail the condition as imDosed bv the Citv Council - ~ ~~ .ssionl The memorands to the Council L & and the condition as it now exists arter modification DY should then indicate that the Planninq Commjssion's action n9 will be final uDon expiration At th e time for the filt; of an aPPeal . The Council should be informed further that the Pmins c Olllml c -- -- ~ 2d the limit. I sussest that you~ with the request that it be PI? their meetins of Februarv 18, If the Council declines to direct staff to file an appeal, that fact should be noted on a copy of your memoran%m and filed in the Chappee CUP file. If the Council does not concur and directs staff to file an appeal, of course the matter will proceed through the Council process in a normal matter. VINCENT F . BIONDO, JR. VFB : af