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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 found that it wasn't practical to reduce the nonconformities as it <br /> would require removal of portions of the existing home. Further, the Planning Commission <br /> found the nonconforming setbacks were in character with the older neighborhood as most <br /> homes were constructed prior to 1890. Thus, the nonconforming use criteria of Section 8- <br /> 460 have been met. <br /> Now THEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for <br /> a Special Use Permit (SP2007-008) and Nonconforming Use Permit (NC2007-002) are hereby <br /> recommended to the City Council for approval, subject to the following conditions: <br /> 1. The proposed garage is constructed in accordance with the plans submitted with the <br /> Special Use Permit and Nonconforming Use Permit applications. <br /> 2. The applicant shall not use the garage for a home occupation activity. <br /> Adopted this 181h day of June, 2013. <br /> Bruce Howard, Planning Commission Chair <br /> ATTEST: <br /> Janice Gundlach, City Planner <br /> I:\COMMISSIONS\PLANNING\Reports\2013\6-18-2013\SP2013-004,NC2013-003(Martenson)-RESOLUTION.doc 2 <br />