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19980210 r-98-10RESOLUTION NO. R-98-10 RESOLUTION TO REVOKE A SPECIAL USE PERMIT FOR A NURSERY SCHOOL (DAY CARE CENTER) AT 3711 JERMANTOWN ROAD, GRANTED BY CITY COUNCIL ON NOVEMBER 14, 1995 AT THE REQUEST OF ABC LEARNING CENTER, BY JYOTSNA GODA WHEREAS, the City Council approved a special use permit for a nursery school at 3711 Jermantown Road on November 14, 1995 at the request of ABC Learning Center, by Jyotsna Goda; and WHEREAS, a condition of approval of the special permit is that the required State license continue to be maintained; and WHEREAS, no current State license exists to operate a day care facility at 3711 Jermantown Road; and WHEREAS, Section 26-103(d)(5) of the Code of the City of Fairfax provides that City Council may revoke any special use permit that it has issued if it determines that the owner or operator has failed to maintain and conduct the use in accordance with the requirements of law or has failed to observe any conditions imposed on the special use; and WHEREAS, City Council determines that the owner or operator has failed to observe the condition of grant of the special use permit that the required State license continue to be maintained; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Fairfax, Virginia, does hereby revoke the special use permit for a nursery school at 3711 Jermantown Road granted on November 14, 1995 at the request of ABC Learning Center by Jyotsna Goda, such revocation to become effective on February 23, 1998 at 5:00 PM unless the permit holder submits a request for a hearing in writing to the city clerk on or before February 23, 1998 at 5:00 PM. Adopted this lOth day of February ,1998. ATTEST: il 't ler