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5 <br />th <br />which was offered at the November 18 meeting, was approved by the following vote. <br />Ayes: Mr. Cox, Mr. Lynch, Ms. Richards, Mr. Schilling. Noes: Mr. Caravati. <br /> <br />RESOLUTION <br />: SPECIAL PERMIT FOR DAYCARE FACILITY AT 1405 EAST <br />MARKET STREET <br /> <br /> Mr. Ron Higgins, Planner in Neighborhood Development Services, explained that <br />the church has requested a special permit to allow up to 14 children for a daycare facility. <br />Mr. Higgins said that the neighbors want the parking lot to be as unobtrusive as possible, <br />but the Planning Commission recommended that the parking spaces be paved. <br /> <br /> Responding to a question from Mr. Caravati about why no sidewalks are required , <br />Mr. Higgins said that the Planning Commission did not recommend it. <br /> <br /> Ms. Richards asked if there is a precedent for not requiring sidewalks, and Mr. <br />Higgins said that typically sidewalks are required, but sometimes that is waived. Mr. <br />Higgins noted tha t this would have been 400 feet of sidewalk. <br /> <br /> Responding to a question from Mr. Schilling, Mr. Higgins said that the sidewalk <br />would cost a minimum of $16,000 to construct. <br /> <br /> Responding to a question from Ms. Richards, Mr. Higgins said this would not <br />conne ct to any other sidewalks. <br /> <br /> Mr. Cox noted that Council received a letter from Mr. Puckett regarding parking <br />issues, and Mr. Higgins said that the church has been informed that they have to address <br />this. <br /> <br /> Mr. Schilling made a motion to approve the resolut ion, and Mr. Cox seconded the <br />motion. <br /> <br /> Mr. Caravati said he will vote against the resolution as he thinks sidewalks should <br />be required. Mr. Caravati said many children are involved and further expansions are <br />possible. Mr. Caravati said sidewalks would b enefit both the developer and the City. <br /> <br /> Mr. Schilling said he thinks requiring sidewalks would place an unfair burden on <br />the church, and instead said he thinks that is the City's responsibility. Mr. Schilling said <br />he does not think children will be walk ing to the facility. Mr. Schilling said he does not <br />see this as the same as requiring a developer to provide sidewalks. <br /> <br /> Mr. Lynch said the sidewalk issue is an interesting one, and he wished it had <br />come up with the Planning Commission. Coming at this t ime, however, he said requiring <br />it would not be fair to the applicant. Mr. Lynch said he will support the resolution. <br /> <br /> The Special Permit Allowing a Daycare Facility at 1405 E. Market Street was <br />approved by the following vote. Ayes: Mr. Cox, Mr. Lynch, Ms. Richards, Mr. <br />Schilling. Noes: Mr. Caravati. <br /> <br />WHEREAS <br />, the Living Stones Chapel has requested a special use permit to <br />allow operation of a child day care center at 1405 East Market Street (R - 1A zoning <br />district) for up to fourteen (14) children; this property being further identified as Parcels <br />42, 42.1, 42.2 and 42.3 on 2002 City Real Property Tax Map 55, having, collectively, <br />approximately 200 feet of frontage on East Market Street, 200 feet of frontage on <br />Fairway Avenue, and containing approximatel y 40,000 square feet of land or .92 acres; <br /> <br />WHEREAS <br />, a joint public hearing on this application was held before the City <br />Council and Planning Commission on November 19, 2002, following notice to the public <br />and to adjacent property owners as required by law ; and <br /> <br />WHEREAS, <br /> this Council finds that such use is authorized pursuant to City Code <br />Section 34 - 147(1) and that it will conform to the criteria applicable to special permits <br />generally under Chapter 34 of the City Code; now, therefore <br />