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b. That the special use will not be injurious to the use and enjoyment of other property in <br />the immediate vicinity for the purposes already permitted, nor substantially diminish and <br />impair property values within the neighborhood. <br />c. That the establishment of the special use will not impede the normal and orderly <br />development and improvement of the surrounding property for uses permitted in the <br />district. <br />d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are <br />being provided, <br />e. That the special use shall in all other respects conform to the applicable regulations of the <br />district in which it is located. <br />8. The Planning Commission and Council found all Special Use Permit criteria of Sections 4- <br />530 (1) (l) & (K) and Section 8-130 to be met, subject to conditions. <br />9. The Planning Commission and Council considered the proposed Nonconforming Use Permit <br />in accordance with Zoning Code Section 8-460, which identified Type 4 nonconformities. <br />10. The Planning Commission and Council recommended that the existing play house structure <br />be moved to meet a 5' setback, thus eliminating the nonconformity. <br />Now THEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for <br />a Special Use Permit (SP2007-010) and Nonconforming Use Permit (NC2007-003) are hereby <br />approved, subject to the following conditions: <br />1. The 45 s.f. play house structure is moved to meet a 5' setback from the rear lot line. <br />2. The applicant submit revised building plans that meet the Home Occupation standards of <br />Section 4-550 prior to building permit issuance. <br />Adopted this 28th day of August, 2007. <br />Steve Larson, Mayor <br />ATTEST: <br />Daniel A. Maiers, Director of Finance and <br />Support Services / City Clerk <br />• <br />Dean R. Lotter, City Manager <br />I;\COL"NC:fl,\Rfil'OR"1'8`,20071,Conununity Development\8-28-2007\SP2007-010, NC2007-003 (Lloyd) - RLSOLL110N.doc 2