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30 Ms. Richards said that whether or not one agrees with the ordinance, the onus is on the property owner to comply since it is the law of the City. Ms. Slaughter said she will vote against the permit since Council gives the message to City officials to enforce the taw and they should be backed up when there are this many violations. Ms. Slaughter noted that cafe permits are a special privilege. Ms. Daugherty said she thought the compromise of a one-year permit was a reasonable approach. The cafe permit for Michael's Bistro was denied by the following vote. Ayes: Ms. Richards, Ms. Slaughter, Mr. Toscano. Noes: Mr. Cox, Ms. Daugherty. RESOLUTION: APPROVING SPECIAL PERMIT FOR NORTHS]DE DAY CARE Mr. Huja said the Planning Commission recommended approval of the special permit for the following reasons: 1) It is in harmony with the Comprehensive Plan and Land Use Plan; 2) It will not have a significant adverse impact on the surrounding neighborhood if conditions are met; and 3) The facilities and sites as proposed are sufficient to accommodate the proposed use with appropriate restrictions. Mr. Huja said that the applicant and neighborhood have met and worked out most of the concerns that had been expressed. Responding to a question from Mr: Toscano about planting in common areas, and Ms. Richards about evening use, Rev. Bill Tempteton said that up to two basketball games a week are held and a scout-like program is held one night a week, 'and the neighborhood felt trees would provide better screening than fences. Mr. Templeton said that an easement for a waterline will be needed through neighborhood property and he will agree to additional planting in common areas if they will expedite the easement. Mr. Cox said he feels it would be a small token to put in the trees requested by the neighborhood. Ms. Daugherty made a motion to approve the special permit, with the addition of a provision that night-time activities end at 9:30 p.m. Ms. Richards seconded the motion. The special permit for Northside Christian Daycare Center was unanimously approved. WHEREAS, Northside Baptist Church, owner of the Northside Christian Daycare Center at 1414 Westwood Road, has requested an amendment to the special use permit granted on April 4, 1994, to allow expansion of the daycare center in place of the approved private school/daycare center. This property is further identified as Parcel 28.40 on City Real Property Tax Map 4, having approximately 227 feet of frontage on Westwood Road, and containing approximately I 11,858 square feet of land or 2.57 acres; WHEREAS, following a joint public hearing before this Council and the Planning Commission, duly advertised and held on May 13, 1997, this Council finds that such use will conform to the criteria applicable to special permits generally under Chapter 34 of the City Code; now, therefore BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that an amendment to the special use permit granted on April 4, 1994 is hereby approved and granted to Northside Baptist Church, owner of 1414-1416 Westwood Road, to allow expansion of the daycare center in place of the approved private school/daycare center. This expansion will include addition ora gymnasium along with modifications to the existing building. This amendment to the special use permit is conditioned upon the following: Administrative approval of the amended site plan. 2. Administrative approval of a grading and soil erosion/sedminent control plan, including data on the linear feet of pipe, silt fence, curbs and other types and numbers of