355, Construction of a tennis court, Staff ReportsTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: ZONING CASE NO. 355, CONDITIONAL USE PERMIT FOR TENNIS COURT
AT 39 CREST ROAD WEST (YU-PING LIU)
RECOMMENDATION:
It is recommended that the City Council set for Public Hearing the
matter of Zoning Case No. 355, a request for a Conditional Use Permit for
the construction of a tennis court, at 39 Crest Road West, for Monday,
April 11, 1988, at 7:30 p.m.
BACKGROUND:
On February 16, 1988, the Planning Commission approved Zoning Case No.
355, a Request for a Conditional Use Permit for the construction of a
tennis court, at 39 Crest Road West. The applicants in the Zoning Case
are Mr. and Mrs. Yu -Ping Liu. At the time of public hearing, the Planning
Commission received written comments in opposition to the Conditional Use
Permit from two adjoining property owners. The property owners who
submitted letters of opposition were Mr. and Mrs. Roger Hawkins of 37
Crest Road West and Mr. and Mrs. Joe 011a of 41 Crest Road West.
Notwithstanding the written letters in opposition, the Planning Commission
approv_ed the Request for Conditional Use Permit with a split vote (3.to
2). =
Notice of the Planning Commission's action wassent to the applicant and
those individuals who had made either oral or written comment during the
public hearings. Subsequent to the sending of the notice of Planning
Commission action, both the Hawkins (March 14) and the 011as (March 22)
submitted letters of appeal of the Planning Commission approval of Zoning
Case No. 355, to the City Council.
Under the Municipal Code, a resident may appeal a Planning Commission
action to the City Council if they meet three requirements. First, the
appellant must have presented oral or written comments during the course
of the public hearings related to the matter that is being appealed.
Second, the appellant must be an individualwhohas a right to receive
public notice relating the the Planning Commission's consideration of the
matter. Third, the appellants must submit the letter of appeal within 20
days after notice has been given; regarding the Planning Commission's
action. Mr. and Mrs. Hawkins and Mr. and Mrs. 011a meet the three
requirements for appeal of a Planning Commission action. Therefore, the
City Council must set a public hearing for the review of the Planning
Commission Report of Approval of Zoning Case No. 355.