Memorandum

City of Lawrence

Legal Services

TO:	David L. Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
Date:	December 9, 2008
RE:	Resolution 6816 Making Written Findings for the City Commission on The Lawrence High School (SUP-07-04-08) and the Centennial/Virtual School (SUP-7-06-08) Special Use Permit Applications

On November 3, 2008, The Centennial Neighborhood Association, et al. filed a Petition and Appeal in the District Court of Douglas County, Kansas purporting to challenge the City Commission’s approval and passage of the special use permits for the Lawrence High School site (SUP-07-04-08) and the Centennial/Virtual School site (SUP-7-06-08). 

Pursuant to Development Code section 20-1301(r), Written Findings, decisions of the City Commission are subject to the adoption of written findings, “where an appeal of any quasi-judicial decision has been filed in the District Court of Douglas County pursuant to K.S.A. 12-760 or K.S.A. 60-2101(d) in cases where written findings have not been adopted, written findings shall be adopted by the approving authority within 45 days of service of the appeal on the City.”  The City Commission’s consideration and approval of a special use permit is considered a quasi-judicial decision and the filing of the Petition and Appeal requires the City Commission to adopt written findings for the Lawrence High School site (SUP-07-04-08) and the Centennial/Virtual School site (SUP-7-06-08) special use permits.

Staff prepared Resolution 6816 making written findings for the City Commission’s consideration and adoption that reflect the decision made by the City Commission for both special use permits.  Upon adoption, the findings will be certified to the District Court as part of the administrative record. 

Staff recommends adopting Resolution 6816, the proposed written findings for the Lawrence High School site (SUP-07-04-08) and the Centennial/Virtual School site (SUP-7-06-08) Special Use Permit Applications

Action Request:  Consider, and if appropriate, adopt Resolution 6816 for SUP-07-04-08 and SUP-07-06-08.