45 Budd Ave. (UP64-3)
M.!t!O
August 6, 1964
TO: City Manager
FROM: City Engineer
SUBJECT: Appeal from conditions of Use Permit
Milton and Sally Howe
INTRODUCTION:
The Planning Commission approved a Use Permit for a Nursery
School west on Budd Avenue August 4, 1964,conditional upon
dedication by the owners of a IO-ft. strip throughout their
frontage on Budd Avenue. This condition: has been appealed
by the applicants.
RECOMMENDATION:
That the appeal be denied.
DISCUSSION:
As indicated to the Planning Commission before their unanimous
conditional approval of this Use Permit, the proposed condition
would not create any hardship upon the property owners,and would
not cost the owners one cent, in fact, the dedication would be
a savings to the property owners in that they would not be
required to pay property taxes upon such.
In the appeal letter, the applicants stated that it is in the
best interest of the community that the City Council waive the
dedication condition. We would contestcthis statement in that
Budd Avenue will be a connecting street with the San Tomas
Expressway and must certainly be a 60-ft. wide street throughout.
For this reason, should the City decide that Budd Avenue should
be widened and improved on the north side just west of Winchester,
the City would have to pick up the bill for acquisition of the
necessary IO-ft. property and be forced to pay for the said
street improvements unless the property owners were willing
to dedicate or unless the property owners were willing to form
an assessment district for said improvements. The existing use,
as developed today, indicates to me that the adjoining property
owners will not be interested in forming such an assessment
district nor would they be willing to dedicate at no cost to the
City{as is surely indicated by this appeal, for example). The
best interest of the City, in my opinion, would thereforebe
represented by acquisition of necessary right of way at that
time when any property owner is requesting a permit from the
City.
I of 2
In regard to other statements made in the appeal, the City
Engineer never contacts any property owner prior to Planning
Commission hearings suggesting to them his recommended
conditions in that the Planning Commission should properly
receive these first and at the hearing discuss such and
decide in accordance with the particular merits of the
recommendation.
\~'~D~
Myron D. Hawk,
City Engineer
MDH: cb
2 of 2
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CITY OF CAMPBELL
PLANNING COMMISSION
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USE PERMIT NO. 1964-3
AUGUST 4, 1904
In accordance with the provisions of Section 9328,
Chapter 3, Article IX, of the Campbell Municipal Code,
MILTON & SALLY HOWE
are hereby granted a use permit to operate a nursery school for
six children, 4 days per week, 2 1/2 hours per day (total of 10
hours per week), within the residence located at 4S Budd Avenue,
subject to the following condition:
1. Dedication of 30 feet for North 1/2 of
Budd Avenue.
Approved by the Planning Commission of the City of
Campbell on the 4th day of August, 1964.
Said approval to become valid on the 14th day of
August, 1964.
CITY OF CAMPBELL PLANNING COMMISSION
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