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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 found all Special Use Permit criteria of Sections 4-530 (1) (E) & <br />(K) and Section 8-130 to be met. <br />9. The Planning Commission considered the proposed Nonconforming Use Permit in <br />accordance with Zoning Code Section 8-460, which identified Type 4 nonconformities. <br />10. The Planning Commission recommended that if structurally possible the existing play house <br />structure be moved to meet a 5' setback, thus reducing nonconformities and complying with <br />Zoning Code Section 8-460. <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 />recommended to the City Council for approval, subject to the following conditions: <br />1. if structurally possible, the 45 s.f. play house structure be moved to meet a 5' setback. <br />. Adopted this 21" day of August, 2007. <br />ATTEST: <br /> <br />Larry Baker, Planning Commission Chair <br />Janice Gundlach, City Planner <br />1:\C(DMMISSIONS\PLA.NNINC\Reports\2007108-21-07\SP2007-010, NC2007-003 (Lloyd) - RL-'SOLUTION.doe