HomeMy WebLinkAboutKukay, Anna CUP-00-007
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RE C E nil:.; U
MAR 1 it 2000
CITY OF MERIDIAN
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MA TIER OF THE
APPLICATION OF ANNA KUKAY,
FOR A CONDITIONAL USE
PERMIT FOR A GROUP
DAYCARE HOME FOR 6-12
CHILDREN, LOCATED AT 2512
E. CLARENE, MERIDIAN, IDAHO
flL E COpy
03-13-00
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Case No. CUP~00~007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use pennit application having come before
the City Council on March 7, 2000, and Brad Hawkins-Clark, Assistant Planner for the
Planning and Zoning Department, appeared and testified at the hearing, and the
Applicant, Anna Kukay, appeared and testified, and no one appearing in opposition, and
the City Council having received the staff report and the record made before the Planning
and Zoning Commission, and being fully advised in the premises, the Council finds and
concludes as follows:
FINDINGS OF FACT
1.
A notice of a public hearing on the conditional use permit was
published for two (2) consecutive weeks prior to the said public hearing scheduled for
March 7, 2000, before the City Council, the first publication appearing and written
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-OO-OO7) - 1
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notice having been mailed to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public hearings
having been posted upon the property under consideration more than one week before
said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the said March 7, 2000, public hearing; and the
Applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City
Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the
Affidavit of Publication and Proof of Posting filed with the staff report.
3.
Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Meridian City Code Title II and Title 12 and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21,1993 Ordinance #629 - January 4,1994 and Maps and the
Ordinance establishing the Impact Area Boundary Ordinance and Map.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY I GROUP DAYCARE HOME (CUP-OO-OO7) - 2
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4.
The property is located at 2512 E. Clarene, Meridian, Idaho.
5.
The owner of record of the subject property is Anna Kukay of
2512 E. Clarene.
6.
Applicant is the owner of record.
7.
The subject property is currently zoned Medium Density
Residential (R-8). The zoning district of R-8 is defined within the City of Meridian
Zoning and Development Ordinance, Section 1l~7-2D.
8.
The proposed application requests a conditional use pennit for a
group day care for 6-12 children. The R-8 zornng designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section II ~8-1).
9.
The Meridian Planning and Zoning Commission recognizes that
the proposed application is in compliance with the Meridian Comprehensive Plan.
10.
The use proposed within the subject application will in fact,
constitute a conditional use as determined by City Ordinance.
I!.
That the Applicant, Anna Kukay, owner of the property, is granted
a conditional use permit for a group day care home for 6-12 children, located at 2512
E. Clarene, Meridian, Idaho. The requested conditional use is described in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-OO-OO7) - 3
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attached Exhibit "A" consisting of two pages, for the development of the
aforementioned projects and which property is described hereinbelow to-vvit:
Lot 2 in Block 9 of DOVE MEADOWS SUBDIVISION NO.2, Ada
County, Idaho.
Common address known as 2512 E. Clarene Street, Meridian, Idaho.
12.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development vvill not
impose expense upon the public if the following conditions of development are
imposed and the following is also found to be required to mitigate the effects of the
proposed use and development upon services delivered by political subdivisions
providing services to the subject real property within the planning jurisdiction of the
City of Meridian.
12.A Conditions requested by the City of Meridian Assistant Planner for
the Planning and Zornng Department, Brad Hawkins-Clark, within
his Memorandum dated January 31, 2000, be required as follows:
Adopt the Recommendations of the Planning and Zoning Department as follows:
12.1 Applicant shall provide a minimum of one (1) off-street parking
space per employee of the day care and adequate off-street
loading/unloading areas for children. As long as the garage is
utilized, the 21-foot driveway shown on the plan may
accommodate this requirement. (See Section 11p13-2 of the City of
Meridian Zoning and Development Ordinance.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-OO-OO7) - 4
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12.2 No signage is permitted.
12.3 Sanitary sewer and water to this facility would be via existing
service lines. Plans for sewer and water service vvill be reviewed to
see if the additional load would justify additional assessments.
Applicant shall provide any information regarding the anticipated
water demand. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian prior to
operation.
12.4 A Certificate of Occupancy is required for the daycare prior to
operation.
12.5 Any outdoor trash areas shall be screened.
12.6 The Group Child Care Home shall not adversely impact
surrounding properties due to children's noise, traffic and other
activities.
12.7 Applicant shall secure and maintain a child care license from the
Idaho State Department of Health and Welfare-Child Care
Licensing Division. Applicant shall provide a copy of the license to
the City of Meridian prior to beginning operation. Operator's
license shall be on-site for City inspection at all times.
12.8 Applicant shall ensure that immunization of all children is verified
prior to acceptance into program.
12.9 Applicant shall provide for screening of adjacent properties to
protect children from adverse impacts and to provide a buffer
between properties.
12.10 Applicant shall provide for a solid fence of appropriate height!
construction (6-foot recommended), to enclose outside play areas.
12.11 A deck is shown on the site plan in the rear yard. This area should
be well maintained and free of any potential hazards to children.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-OO-OO7) - 5
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12.12 If the Conditional Use Permit is approved, Applicant shall
schedule an appointment with the Meridian Fire Department for
inspection prior to operating. Operation of daycare without proper
approvals will result in revdcation of conditional use permit.
12.13 Applicant must keep all outside play areas free of noxious weeds.
12.14 Violation of any of the above conditions shall be cause to revoke a
zoning certificate and certificate of occupancy for a Group Child
Care Home. The Conditional Use Permit shall be subject to review
upon ten (10) days' notice to the applicant.
Adopt the City of Meridian Fire Department's Recommendations as follows:
12.15 All fire codes will need to be met.
Adopt the Ada County Highway District's Recommendations as follows:
12.16 All future design plans and construction shall be in accordance
with the Ada County Highway District Policy Manual, ISPWC
Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically
waived in writing by the District.
Adopt the Central District Health Department's Recommendations as follows:
12.17 Applicant shall obtain a daycare license through Central District
Health Department.
13.
The proposed use within the subject application will be
harmonious with and in accordance with the Meridian Comprehensive Plan and the
City of Meridian Zoning and Development Ordinance.
14.
The uses proposed within the subject application will be subject to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-OO-OO7) - 6
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the conditions set forth in Finding of Fact No. 12 and will be designed, constructed,
operated and maintained to be harmonious and appropriate in appearance or intended
character of the general vicinity and that such uses will not change the intended
essential character of the same area.
IS.
The uses proposed within the subject application will not be
hazardous or disturbing to existing or future neighboring uses.
16.
The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
17.
The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
18.
The uses proposed within the subject application will not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
19.
The development will not result in the destruction, loss or damage
of natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1.
Idaho Code § 67-6512 provides in part that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-OO-OO7) . 7
(A)
(B)
(C)
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As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use pemÜts;
and
That a special use permit may be granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but may be allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of
political subdivisions, including school districts, to provide services
for the proposed use, and when it is not in conflict with the plan;
and
That upon the granting of a special use permit, conditions may be
attached to a special use pennit, including, but not limited to,
those:
I)
Minimizing adverse impact on other development;
2)
Controlling the sequence and timing of development;
3)
Controlling the duration of development;
4)
Assuring that development is maintained properly;
5)
Designating the exact location and nature of development;
requiring the provision for on.site or off~site public facilities
or services; requiring more restrictive standards than those
generally required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery
by any political subdivision, including school districts,
providing services within the planning jurisdiction.
2.
The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of Meridian
City Code § Il-17.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-OO.OO7) - 8
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3.
Idaho Code § 67-6504 provides that the City Council may e..'œrcise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4.
The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
ORDER and this does Order that:
1.
That the Applicant, Anna KuKay, owner of the property, is granted a
conditional use permit for a group day care home for 6-12 children, located at 2512 E.
Clarene Street, Meridian, Idaho. The requested conditional use is described in the
attached Exhibit "A" consisting of two pages, for the development of the
aforementioned projects and which property is described hereinbelow to-wit:
Lot 2 in Block 9 of DOVE MEADOWS SUBDIVISION NO.2, Ada County,
Idaho.
Common address known as 2512 E. Clarene Street, Meridian, Idaho.
2.
The applicant is granted a conditional use permit for and subject to the
following terms and conditions:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-OO-OO7) - 9
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
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Applicant shall provide a minimum of one (I) off-street parking space per
employee of the day care and adequate off.street loading/unloading areas
for children. As long as the garage is utilized, the 21- foot driveway shown
on the plan may accommodate this requirement. (See Section 11.13-2 of
the City of Meridian Zoning and Development Ordinance.)
No signage is pennitted.
Sanitary sewer and water to this facility would be via existing service
lines. Plans for sewer and water service will be reviewed to see if the
additional load would justify additional assessments. Applicant shall
provide any infonnation regarding the anticipated water demand.
Applicant shall be required to enter into an Assessment Agreement with
the City of Meridian prior to operation.
A Certificate of Occupancy is required for the daycare prior to operation.
Any outdoor trash areas shall be screened.
The Group Child Care Home shall not adversely impact surrounding
properties due to children's noise, traffic and other activities.
Applicant shall secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care Licensing Division.
Applicant shall provide a copy of the license to the City of Meridian prior
to beginning operation. Operator's license shall be on-site for City
inspection at all times.
Applicant shall ensure that immunization of all children is verified prior
to acceptance into program.
Applicant shall provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer between properties.
2.10 Applicant shall provide for a solid fence of appropriate height!
construction (6.foot recommended), to enclose outside play areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-00-007) . 10
8
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2.11 A deck is shown on the site plan in the rear yard. This area should be well
maintained and free of any potential hazards to children.
2.12 If the Conditional Use Pennit is approved, Applicant shall schedule an
appointment with the Meridian Fire Department for inspection prior to
operating. Operation of daycare vvithout proper approvals will result in
revocation of conditional use pennit.
2.13 Applicant must keep all outside play areas free of noxious weeds.
2.14 Violation of any of the above conditions shall be cause to revoke a zoning
certificate and certificate of occupancy for a Group Child Care Home.
The Conditional Use Pennit shall be subject to review upon ten (10)
days' notice to the applicant.
2.15 All fire codes will need to be met.
2.16 All future design plans and construction shall be in accordance with the
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in writing by the
District.
2.17 Applicant shall obtain a daycare license through Central District Health
Department.
3.
That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, Public Works Department and City Attorney and any affected party
requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-00-007) - 11
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NOTICE OF FINAL ACTION
Please take notice that this is a final action of the goverrùng body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the conditional use permit may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
2¡rp
day
of /J1a'7.-~
,2000.
ROLL CALL
COUNCILMAN ANDERSON
VOTED $"-
COUNCILMAN BIRD
VOTED *'i-
COUNCILPERSON deWEERD
VOTED¥
COUNCILMAN McCANDLESS
VOTED 4v---
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 3-2-/-00
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKAY / GROUP DAYCARE HOME (CUP-00-007) - 12
MOTION:
8
APPROVED:~
8
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
BY~~ 1- ~ ,(À
Ity Clerk' t/
Dated:
msg/Z:\ W ork\M\Meridlan 1 5360M\Kukay Daycare\CUPFfClsOrdDec
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
ANNA KUKA Y / GROUP DA YCARE HOME (CUP.00.007) -
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l{BCEI\ŒD
MAR Î It 2000
CITY OF MERIDIAN
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
ANNA KUKAY, FOR A CONDITIONAL USE)
PERMIT FOR A GROUP DAY CARE HOME)
FOR 6-12 CHILDREN, LOCATED AT 2512 E. )
CLARENE, MERIDIAN, IDAHO )
)
)
)
CASE NO. CUP.00-OO7
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 21 st day of March, 2000,
for final action on conditional use permit application and the Council having received
and approving the recommendation of the Planning and Zoning Commission the
Council takes the following action:
I. That the Applicant, Anna Kukay, owner of the property, is granted a
conditional use permit for a group day care home for 6-12 children, located at 2512
E. Clarene Street, Meridian, Idaho. The requested conditional use is described in the
attached Exhibit "A" consisting of two pages, for the development of the
aforementioned projects and which property is described hereinbelow to-vvit:
Lot 2 in Block 9 of DOVE MEADOWS SUBDIVISION NO.2, Ada County,
Idaho.
Common address known as 2512 E. Clarene Street, Meridian, Idaho.
2. That the above named applicant is granted a conditional use permit for a group
day care home for 6~ 12 children, located at 2512 E. Clarene Street, Meridian, Idaho,
subject to the following conditions of use and development:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4
ANNA KUKA Y - GROUP DAY CARE HOME FOR 6-12 (CUP-OO-OO7)
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
8
8
Applicant shall provide a minimum of one (I) off-street parking space
per employee of the day care and adequate off-street loading/unloading
areas for children. As long as the garage is utilized, the 21-foot driveway
shown on the plan may accommodate this requirement. (See Section
11-13-2 of the City of Meridian Zoning and Development Ordinance.)
No signage is permitted.
Sanitary sewer and water to this facility would be via existing service
lines. Plans for sewer and water service will be reviewed to see if the
additional load would justify additional assessments. Applicant shall
provide any information regarding the anticipated water demand.
Applicant shall be required to enter into an Assessment Agreement \vith
the City of Meridian prior to operation.
A Certificate of Occupancy is required for the daycare prior to
operation.
Any outdoor trash areas shall be screened.
The Group Child Care Home shall not adversely impact surrounding
properties due to children's noise, traffic and other activities.
Applicant shall secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care Licensing Division.
Applicant shall provide a copy of the license to the City of Meridian
prior to beginning operation. Operator's license shall be on-site for City
inspection at all times.
Applicant shall ensure that immunization of all children is verified prior
to acceptance into program.
Applicant shall provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer between
properties.
Applicant shall provide for a solid fence of appropriate height!
construction (6. foot recommended), to enclose outside play areas.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4
ANNA KUKA Y - GROUP DAY CARE HOME FOR 6-12 (CUP-DO-DO?)
2.11
2.12
2.13
2.14
2.15
2.16
2.17
8
8
A deck is shown on the site plan in the rear yard. This area should be
well maintained and free of any potential hazards to children.
If the Conditional Use Permit is approved, Applicant shall schedule an
appointment with the Meridian Fire Department for inspection prior to
operating. Operation of daycare without proper approvals vvill result in
revocation of conditional use permit.
Applicant must keep all outside play areas free of noxious weeds.
Violation of any of the above conditions shall be cause to revoke a
zoning certificate and certificate of occupancy for a Group Child Care
Home. The Conditional Use Permit shall be subject to review upon ten
(10) days' notice to the applicant.
All fire codes will need to be met.
All future design plans and construction shall be in accordance with the
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in writing by
the District.
Applicant shall obtain a daycare license through Central District Health
Department.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
which is attached to this permit.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4
ANNA KUKA Y - GROUP DAY CARE HOME FOR 6-12 (CUP-OO-OO7)
8
8
By action of the City Council at its regular meeting held on the 2/ ~ day of
/lJA/lI"N , 2000.
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
BY~~~ C)
ity Clerk (/
Dated:
3-- Z/-tJo
msg/Z:\Work\M\Meridian 15360M\Kukay Daycare\CUPOrder
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ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4
ANNA KUKA Y - GROUP DAY CARE HOME FOR 6-12 (CUP-OO-OO?)
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