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<br /> <br /> <br /> <br /> <br /> a. Undue hardship <br /> b. Unique circumstances <br /> c. Conformance with the Comprehensive Plan <br /> d. Variance shall not be detrimental to adjacent property or to the public has a whole <br /> 9. With the construction of I-35W remnant pieces of industrial property remained where <br /> required setbacks were not met. <br /> 1 The Planning Commission and Council find that the variance criteria are met. <br /> 1 The Planning Commission and Council find that the existing nonconforming setbacks are <br /> not proposed to be expanded upon and that the proposal to eventually remove the single <br /> family home eliminates two of the three existing nonconformities. <br /> 1 The Planning Commission and Council find that the proposal meets the Nonconforming <br /> Use Permit standards as provided in Zoning Ordinance Section 8-460. <br /> 1 Because the subdivision involves expansion of existing rather than a new development, it <br /> is reasonable and appropriate to reduce the park dedication fee from the amount set in <br /> city policy to the amount set forth in paragraph 6 below. <br /> <br /> Now T EREFORE BE IT RESOLVED, that based upon the above findings of fact the application for <br /> a Pre urinary (PL2007-001) and Final Plat (FP2007-001), Site Plan Review (LP2006-005), <br /> Varie (VN2007-001) and Nonconforming Use Permit (NC2007-001) are hereby approved <br /> subje to the following conditions: <br /> 1. Development of the site in accordance with attached Exhibit A. <br /> 2. Approval of the partial vacation of Mounds Avenue, that portion of which is located at <br /> the northeastern corner of the City. The City must vacate the roadway for right-of-way <br /> purposes but retain the right to construct and maintain utilities. <br /> 3. Removal of the single family home and associated accessory buildings at 2023 Old <br /> Highway 8 NW by May 1, 2008 and submission of a Letter of Credit in the amount of <br /> $10,000 prior to City signature on the final plat. <br /> 4. Proof of parking shall be constructed at the request of the City Planner at such a time <br /> where the current parking is not adequate. The City Planner shall notify in writing if and <br /> when the proof of parking shall be constructed. <br /> 5. The two southerly wall mounted lights shall be reduced in wattage so as not to provide <br /> detectable illumination beyond the lot line. <br /> 6. Payment of Park Dedication fee in the amount $3,683 prior to filing of the plat. <br /> 7. Implementation of the following recommendations of the City Forester: <br /> a. The proposed Marshall Ash shall be replaced with a similar size/type of tree, other <br /> than an Ash variety. <br /> b. The three Red Maples south of the proof-of-parking shall be replaced with 5 Japanese <br /> Tree Lilac, Redmond Linden, or Pink Spire Flowering Crab Apple. <br /> 8. Implementation of the following recommendations of the Director of Public Works: <br /> a. Prior to recording the final plat or the partial vacation of the Mounds Avenue right-of- <br /> way, if an easement does not already exist for the eastern portion of Mounds Avenue <br /> that was previously vacated, the applicant shall provide a utility easement sixty feet <br /> wide and extending fax enough to the east to encompass and include the dead end <br /> sanitary sewer manhole on the east, and also the relocated fire hydrant. <br /> b. Prior to issuance of a building permit, all grading and utility plans must be approved <br /> by the City Engineer. <br /> <br /> <br /> IACO IL\REPORTS\2007\Community Development\5-8-07\P1,2007-001, FP2007-001, LP2007-001, VN2007-001, NC2007-001 (Cheetah <br /> Precisiol - RESOLUTION.doc 2