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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 .,-,',->,1-:'" ~, " .. CITY OF CAMPBELL PLANNING COMMISSION ~t;f 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 By: ~~) ~4~ ve y damson, ecretary ( ~. t) ... 5 ,..,,, v ~i-\Si KENNEDY EL CAM'NITO AVE. o ~ ~...\ 75 ~\G "\ \ \' I \S <i,1-- BUDD AVE. ( CAMPBELL PLAZA SHOPPING CENTER) a:: N lLJ .....S I- r"'?'" (f) lLJ v :x: ~\~G 0 ~ - .\S ~ I":r 100' ~1-- 7/17/64 ~ ,,~'J'I ~ t\;' ~,;;;'''<".tl\ 8"=GINJ'JUJr; at tho point cf intersection of th~' f\;ortherlJ 12:1.c of Budj !~','..nY, 4(',. j( fer,t in \I, ';~:1, 'Nith the Southt.:rly p"cjlonqation of the ~:3.sterl:; line; d I.. t 1, J.:" "a1-": lh0nur") 3.;~ 1. ~ are ShO'w:l upon that certain Map e!1titled, "Tract ~L. 17J -. '. K,'Drwd.. ~~u1:'''Ji:i.on No.2", /1.ich Map wa;:: filc~d fo; rc'cord in the C'fficP,f h.' 3"cc::\i!,~' d t~c ,::::'o'~nt.! f :.;anb. 'br:l, state of Califol'nia, en P,pr'il14, 1041 in r,jok :, (f Ii:ap., : ;,-,rr:' ;)~) a'1d ~.~; :"mnl: ~ t'-;CIlcr' f~.cm said Doj:1t~f LJl;(:r~nninq, Nort:: .3~~o ~A! l;,"a. t al)[1 t'i sajj N,;it.:-k:rl] Lr:' d h'Jdd Av"n'J, , L:l' a distance of 75.Y) fc',<: t\.-l nc' l':a ,i;'l': t;--,[cO'::l jj '~ "t>.or1'.' 1;:1~ .r P'ldd '\""n",' ana' ....un.,in('( f.To..tn' (",r lr)" \L.,c~t ClYl(l' '. "~l.ll-'l'\'it" t-,~,,,,, ,r".' ..1 . ..J ..' j ~. . ..L. _ _ J." u.. '-' ...... 1 ~ ..oj..L. \l.J. . \ .. '"\J , ~_ ... J..... ,( 1.. I.. L. \, J.. , .. , '_ - . ~ . L,... "- line of th'~ SanG ""io.t'a- Los G:ltos ;~oaj, ror a distance of 15(1. 3C L t L. 8. pc int r. n t 1. :'x'.ltherl{; line :;f I .e;t 17 cf ...;~dQ Tract Nc. 17'3, .hereinabo;rc; ~'d(.rY'c'l.L ~ ~;L:nni:1.: t:.nc, Sc ;th 39 54'~' 1 (':t alonq said last named Ime for a dlstanc;~ d i'~-'. ~A) fed tc :,'1" South\'. ,-:~terly ~l ;~er t.hereof en the said Easterly line ofLotlher",inatJC\'i:: e'er r;', t~: nmnina thencp Scuth 00 le' East alnna said last named line and its S()ut~crh D "ciL T::ltL,n for a d1~;tance of 150.36 feet to the j'X-int uf beginning and beinr:r a portic~ :;f v,3ccLc;, ~~, To'.vnship 7, South San;Jc 1 West M.D. B.y M.