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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 />• <br />7. The Planning Commission and City Council determined all Special Use Permit criteria of <br />Sections 4-530 (K) and Section 8-130 to be met. <br />8. The applicant proposes to make improvements to the property at 1121 10th Street NW where <br />a nonconforming side yard setback exists. <br />9. The proposal was considered in accordance with the Nonconforming Use Permit standards of <br />Zoning Code Section 8-460, which regulate Type 4 nonconformities and requires one of the <br />following criteria to be met: <br />a. The total number of nonconformities is reduced. <br />b. The impact of any nonconformity upon adjacent premises is reduced to the greatest <br />practical extent. <br />c. The extent of any nonconformity is reduced where practical. <br />10. The Planning Commission and City Council found the criteria of Section 8-460 to be met as <br />the existing garage structure has been maintained, is in good repair, would be unpractical to <br />remove in its entirety, matches the principle structure, and the addition meets the required 5' <br />setback. <br />Now THEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for <br />a Special Use Permit (SP2008-011) and Nonconforming Use Permit (NC2008-003) are hereby <br />approved. <br />Adopted this 24th day of June, 2008. <br />ATTEST: <br />Daniel A. Maiers, Director of Finance and <br />Support Services / City Clerk <br />Larson, Mayor <br />Dean R. Lotter, City Manager <br />CICOUNCILIREPORTS120081Commmity Developmentl6-24-2008NC2008-003, SP2008-011 (Skiba) - RESOLUTION.doe <br />