HomeMy WebLinkAboutReso - CC - 050-1992RESOLUTION NO. 50-92
RESOLUTION DENYING SPECIAL USE PERMIT
BYRGAN. INC. - 1280 ROLLINS ROAD
RESOLVED, by the City Council of the City of Burlingame
that:
WHEREAS, application was made to the Planning Commission
of the City of Burlingame by Byrgan, Inc. for a special permit for
an embalming and refrigerated holding facility at 1280 Rollins
Road; and
WHEREAS, said application was heard by the Planning
Commission of the City of Burlingame on Monday, April 27, 1992,
said hearing being noticed as required by law; and
WHEREAS, the permit was approved by the Planning
Commission, called up for review by the City Council, and a public
hearing scheduled and held by the City Council on May 18, 1992:
NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City
Council of the City of Burlingame:
1. That the following findings of fact are made regarding
said application:
(a) the application of Byrgan, Inc. is for a special permit
for an embalming and refrigerated holding facility at 1280 Rollins
Road;
(b) as evidenced by the City of San Mateo H.A.A.B, staff
report dated February 19, 1992 Mr. William Scott, the operator of
Byrgan, Inc., without good cause refused entry to his place of
business to inspectors of the City of San Mateo, necessitating the
obtaining of an inspection warrant;
(c) as set forth in the return to said inspection warrant,
numerous plumbing, electrical and fire code violations were present
at the Byrgan Inc.'s place of business and the business was being
operated without required special permit or business license from
the City of San Mateo and had been so operated for many years;
(d) enforcement action concerning business license violations
of Byrgan, Inc, have had to be taken by the City of Burlingame;
2. It is the determination of this City Council that based
on the staff reports, other documents in evidence and the testimony
at the hearing, Byrgan, Inc. has a pattern and practice of
operating in violation and disregard of laws, codes and ordinances,
and to grant the permit requested would subject the persons using
said property, the general public and the City of Burlingame to
such pattern and practice and would be detrimental to the health,
safety and welfare of all such persons.
3. The decision of the Planning Commission is hereby
reversed and said special perm
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing resolution was
introduced at a regular meeting of the City Council held on the
1st day of JUNE 1992, and was adopted
thereafter by the following vote:
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PAGLIA
ABSTAINING: COUNCILMEMBERS: LEMBI
CITY CLERK