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a. 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 />.. 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. 7 lie Planning Commission and City Council found all Special Use Permit criteria of Sections <br />530 (1) (E) & (K) and Section 8 -130 to be met. <br />9. The Planning Commission and City Council considered the proposed Nonconforming Use <br />rmit in accordance with Zoning Code Section 8 -460, which identified Type 4 <br />10. + +e Planning Commission and City Council found that it wasn't practical to reduce the <br />nconformities as it would require removal of portions of the existing home. Further, the <br />Il anning Commission and City Council found the nonconforming setbacks were in character <br />with the older neighborhood as most homes were constructed prior to 1900. Thus, the <br />nconformin2 use criteria of Section 8 -460 have been met. <br />Now tHEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for <br />a Sp, ial Use Permit (SP2013 -004) and Nonconforming Use Permit (NC2013 -003) are hereby <br />appr 'ved, subject to the following conditions: <br />1. The proposed garage is constructed in accordance with the plans submitted with the land <br />use applications. <br />2. The applicant shall not use the garage for a home occupation activity. <br />this 25th day of June, 2013. <br />��f� `YlLtLC�2 -,Q <br />Dan' l A. Maiers, Director of Finance <br />and pport Services / City Clerk <br />Dave Jac sen, Mayor <br />I:' +.C'OUNCIL \REPORTS\2013 \Community Development\6-25- 2013 \SP2013- 004,NC2013- 003 (Martenson)- REsni,iji•lrin[.d]c 2 <br />