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a That the establishment of the special use will not impede the nomad and orderly development and improvement of the surrounding property for uses permitted in the district. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. e. That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. 7. The Planning Commission found all Special Use Permit criteria of Sections 4040 (3) (B) and Section 8-130 m be met due to the following: a. The exterior materials and roof lines of the entryway will compliment the existing home. b. The proposed entryway, will have a residential appearance. c. The proposed entryway will not be detrimental to the neighborhood. 8. The applicant proposes in make improvements To the property at 2738 IT° Terrace NW where a nonconforming 4'side yard setback exists when 5' is normally restuired. 9. The Planning Commission considered the Imposed NoncoMOnming Use Permit in accordance with Zoning Cade Section 8460, which regulates Type 4 nonconformifies and r quires one ofthe following critcriam ber met: a Thetoolnumberofmncordbrmitiesisreduced. b. The import of any nonconformity upon adjacent premises is reduced to the greatest practical extent. c. Theextentofmymnconfornityismd dwhereprmfical. 10. The Planning Commission found the criteria of Section 8-460 to be met due to the following: a. There are no negative impacts to the adjacent neighbor as the homes are angled in a mummer wbem 20' exist between the boa swctmes and they do rmt directly face one another. b. The adjacent interior spaces are garage space only. c. It is not practical to remove the nonconformity as it would impact the structural integrity of the principal structure. Now THgBEFORe Be IT RESOLVED, that based upon the above findings of fact the application for a Special Use Permit (SP2010-003) and Nonconforming Use Permit (NC2010-001) am hereby recommended to the City Council for approval, subject to the following conditions: 1. The applicant may revise me site plan to allow for a 24' front yard setback, meximusing the setback allowance of Section 4-040 (3) (B). 2. The exterior materials and moflines compliment the existing structure. Adopted this 2e day ofApril, 2010. Bruce Howard, Planting Commission Chair ATTEST: Janice Gundlach, City Planar I �COMM4SSImiaNLWNMGW¢ommZ01a0.aPlal WSPtala{0.t, reMrrvmr nrrca-RISMAUmloN.d,,