10/22/1991 - Laserfiche WebLink

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f -- BOOK 64 RICHARD GRAVES' APPEAL OF THE P&Z COMM.'S DENIAL OF AN ADMINISTRATIVE PERMIT REQUEST TO CONVERT AN EXISTING HOUSE TO A CHILD CARE FACILITY The Board reviewed the following memo dated 10/15/91: TO: James E. Chandler County Administrator DATE: DIVISION HEAD CONCURRENCE: au Robert M. Keats g, CP Community Dove-1.opm It Director THROUGH: Stan Boling, AICP Planning Director ��. FROM: John W. McCoy, AICP 40\ Senior Planner, Current Development October 15, 1991 SUBJECT: Richard Graves' Appeal of the Planning & Zoning Commission's Denial of an Administrative Permit Request to Convert (Change the Use of) an Existing House to a Child Care Facility It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 22, 1991. DESCRIPTION AND CONDITIONS: Background Mr. Richard Graves has appealed the Planning and Zoning Commission'.s decision to deny an administrative permit application to convert (change the use of) an existing house to a child care facility. The property upon which the facility is proposed is located at 7801 85th Street. The subject property is zoned A-1, a district which requires administrative permit approval to establish a child care facility use. An administrative permit use is a use which, because of its scale, duration, or nature, would not generally have an adverse impact on its surroundings when regulated in accord with the standards set forth in the land development regulations (LDRs), which includes specific land use Criteria applicable to the specific use requested. The County may approve, approve with conditions, or deny an administrative approval application. Also,, the county may attach to any approval of an administrative permit reasonable conditions, limitations or requirements which are found necessary in its judgement to further the public health, safety, welfare and ensure compatibility with the surrounding environment. At its regular meeting of, September 26, 1991, the Planning and Zoning Commission voted unanimously (6-0) to deny the administrative -permit use (see Planning Zoning Commission Minutes Attached). The Commission denied the request because the application failed to meet several applicable LDRs, indicating that other socially beneficial uses must comply, with all LDR requirements. The applicant has appealed the Commission's decision to the Board of County Commissioners. The Board may uphold or overturn the Commission's decision. To overturn the Commission's decision, the Board would need to find that the application satisfies the applicable LDRs and that the Commission erred in its findings and decision. 32