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TC Ord. No. 2001-13 Amending chapter 17.48 of the avon muni code relating to home occupations /child day careORDINANCE NO. 01 - 13 AN ORDINANCE AMENDING CHAPTER 17.48 OF THE AVON MUNICIPAL CODE RELATING TO HOME OCCUPATIONS/CHILD DAY CARE BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. A new Section 17.48.060 is hereby added to the Municipal Code of the Town of Avon as follows: 17.48.060. Special rules governing special review use permit for home occupation/child day care home in duplex and multi-family dwelling units A. The provisions of this section 17.48.060 apply in cases in which a special review use permit is sought for a licensed child day care home as a home occupation within a duplex or multi-family dwelling unit where the occupants of such dwelling units share a common wall. B. When a special review use permit is sought for a licensed child day care home as a home occupation within a duplex or multi-family dwelling unit where the occupants of such dwelling units share a common wall, in addition to the submittal requirements set forth in section 17.48.030, the applicant shall also submit to the department of community development the following: 1. In the case of an applicant living in a duplex dwelling unit, the applicant shall submit the written consent of the owner of the neighboring unit within the duplex to a licensed child day care home. 2. In the case of an applicant living in a multi-family dwelling unit (including a condominium), the applicant shall submit the written consent of all the owners of property which share a common and adjoining wall with the property owned by the applicant to a licensed child day care home. C. Once a special review use permit has been granted for a licensed child day care home as a home occupation within a duplex or multi-family dwelling unit, notwithstanding section 17.48.020 there shall be no requirement that the special review use permit is valid only so long as the consent given as provided by subsection B hereof is maintained. In the event a consent given as provided by subsection B is withdrawn after a special review use permit has been granted, the Town will review the use and in its discretion decide whether to continue to permit the use in accordance with the criteria set forth in section 17.48.040. No special review use permit for a licensed child day care home as a home occupation issued pursuant to this section will be cancelled by the Town based solely upon the withdrawal of consent as provided in subsection B hereof, and, in cases where the consent provided for herein has been withdrawn, no special review use permit issued pursuant to this section shall be cancelled unless a hearing has been held on the issue of the cancellation of the use (unless the holder of the special review use permit waives entitlement to a hearing). INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ 9 day of _ c finber , 2001, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the23 day of October , 2001, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this 23 day of October , 2001. TOWN OF AVON 61 y Yoder M r dy Yode , M or APPROV D TO FORM: Burt Levin, Town Attorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23rd DAY OF OCTOBER 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-13, SERIES OF 2001: An Ordinance Amending Chapter 17.48 of the Avon Municipal Code Relating to Home Occupations/Child Day Care A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 10th day of October, 2001. TOWN,,Of AVON, COLORADO BY: KrYs Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 10, 2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY MEMORANDUM TO: Hon. Mayor and Town Council FROM: Burt Levin RE: Day Care Ordinance Amendment DATE: October 16, 2001 Per the instructions given during the October 91h meeting, I have amended the day care ordinance to provide the following: "1. In the case of an applicant living in a duplex dwelling unit, the applicant shall submit the written consent of the owner of the neighboring unit within the duplex to a licensed child day care home. 2. In the case of an applicant living in a multi-family dwelling unit (including a condominium), the applicant shall submit the written consent of all the owners of property which share a common and adjoining wall with the property owned by the applicant to a licensed child day care home." MEMORANDUM TO: Hon. Mayor and Town Council FROM: Burt Levin, Ruth Borne RE: Day Care Ordinance DATE: September 28, 2001 Attached please find a first reader version of an ordinance which adds a new requirement for approval of a licensed child day care center as a home occupation in duplexes and multi-family units which share a common driveway. In cases of a duplex with both units sharing a common'driveway, day care will not be approved unless the neighboring owner consents to'the application. In cases of multi- family dwelling units where a common driveway is shared (including condominiums), consent of the property owners association or condominium association, as the case may be, is required. A provision is included that once consent is given to an application and the application is granted, the neighbor or owners association does not have a continuing veto over the use as a day care center. If consent is withdrawn, the Town will evaluate the use and in its discretion decide whether to continue to allow day care or not.