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HomeMy WebLinkAboutResolution 7989 N.C.S. 11/21/1977 PLK vkg i esolition No 7" 9 N: - C: •. RESOLUTION DENYING APPEAL BY „ JOHN "L. BALSHAW REGARDING " DEC OF PLANNING COMMISSION RENDERED NOVEMBER 1, 1.977, APPROVING APPLICATION FOR DOUGLAS MCCABE PROPERTY ' AT 725 EAST ° WASHINGTON' STREET INTdames;L. Har berSon INTRODUCED BY COUNCILMAN y and SECONDED John L. Balshaw BY COUNCILMAN at a y Re g u1 ar Meeting of the 'City Councih of the he City of Petaluma, on the - 21 s t day of - November 19 77 WHEREAS, the Planning Commission approved the site design r g approval r, .al application for the-,;DougIas.McCabe property at 725 East Washington Street on November 1„ 1977; and, ' WHEREAS, an appeal was timely filed by John L. ' • Balshaw from the failure of .the Planning Comm'ission 'to. require half street improvements and appropriate dedi- cation; and, • WHEREAS, a report was received from' the City Attorney indicating, that in the absence of an enabling ordinance, dedication Could not legally be required; NOW, THEREFORE,, BE IT RESOLVED' that the Council hereby finds as follows.: 1. The appeal was timely Tiled, and is properly before the Council. 2. Based upon the report of• the ,City Attorney, requiring dedication where no major or minor subdivision is involved would. be illegal in the absence of an enabling ordinance adopted, by the City Council. • .3. The City has not adopted such an enabling ordinance. 4, 'The appeal accordingly ought to be denied.. BE IT FURTHER RESOLVED, that based upon the above findings, the appeal of John=L. Bals'haw is hereby DENIED. • under the power and authority conferred upon this Council by the Charter of said City. I hereby certify ; that-the foregoing Resolution was duly and regularly introduced and adopted by " Council of the, City of Petaluma on the 21Ys.a . day of November , 197 7 , by the following; votes: AYES :,.• Councilmen. Balshaw, Bond, 'Cavanagh, Harberson, Hilaigo,'.ss,. ,.Perry, and Mayor Putnam. NOES: None - z , ABSENT:: • i Cle / Mayor ATTEST: Ae - � � - `-- > �i c „ / 7 y COUNCIL . FILE 57 FORM CA 2 7 )74 - i - x Fri3 .