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t. Character of the locality <br />el Consistency with the Comprehensive Plan <br />9. the Planning Commission and City Council found the proposal to meet the requirements of <br />flections 8-210 due to the following: <br />p The parcel is triangularly -shaped. <br />ja. The parcel lies within an island surrounded entirely by roadways. <br />t When the restrictive setbacks are imposed nearly 75% of the property is rendered <br />unbuildable. <br />An unusual amount of boulevard area exists along Long Lake Road and Old Highway 8 <br />SW. <br />The applicant has proposed to make good use of an unbuildable area of this property by <br />producing energy. The proposed use if reasonable as long as the solar array is operating <br />to produce energy. <br />i With additional landscaping and maintenance conditions, aesthetically the array will not <br />have a detrimental impact on the surrounding area. <br />10.'�he Planning Commission and City Council considered the Nonconforming Use Permit with <br />�gard to Section 8-460 (2) which states a nonconforming use permit cannot be granted until <br />e or more of the following conditions are met: <br />The total number of nonconformities is reduced. <br />The impact of any nonconformity upon adjacent premises is reduced to the greatest <br />practical extend. <br />The extent of any nonconformity is reduced where practical. <br />11. 1 he Planning Commission and City Council determined the nonconforming use criteria were <br />et due to the following: <br />One of the four access points to the property would be eliminated bringing the property <br />closer to the maximum of two allowed access points. <br />The surface parking area will be re -striped, providing a more orderly and efficient use of <br />the surface parking lot. <br />NOW HEREFORE BE IT RESOLVED, that based upon the above Findings of Fact the application <br />for iL Site Plan (LP2011-007), Variance (VN2011-001), and Nonconforming Use Permit <br />(NC11 011-003) are hereby approved, subject to the following conditions: <br />1. Me proposed solar electrical array, its concrete pad, fence and landscaping are built <br />nsistent with the plans submitted and attached to the Planning Report dated 10/13/2011. <br />2. 4 11 outdoor storage at the rear of the property is removed prior to issuance of any permits. <br />my firewood is permitted and only if stacked in a neat and orderly pile. No other <br />tdoor storage shall be permitted. <br />3. 1 he fence surrounding the solar electric array shall be reduced in height from 4' to 3 1/2'. <br />4. 2xtend the ornamental grasses and sunflowers, in a manner similar to that already shown <br />the landscaping plan, along the Old Highway 8 SW frontage (a distance of 55'), to <br />take the array less noticeable to traffic and pedestrians using Old Highway 8 SW. <br />5. F the array is no longer producing energy, it shall be removed from the property within six <br />onths of it becoming inoperable and the variance will be terminated. <br />6. any portion of the array, most notably the panels, become damaged repairs shall be <br />ade within 30 days. <br />1\Community Development\11-9.201R011-007, NC2011-003, VN2011-001 (Barley Johns) - <br />2 <br />