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d. An unusual amount of boulevard area exists along Long Lake Road and Old Highway 8 SW. 10. The Planning Commission considered the Nonconforming Use Permit with regard to Section 8-460 (2) which states a nonconforming use permit cannot be granted until one or more of the following conditions are met: a. The total number of nonconformities is reduced. b. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extend. c. The extent of any nonconformity is reduced where practical. 11. The Planning Commission determined the nonconforming use criteria were met due to the following: a. One of the four access points to the property would be eliminated bringing the property closer to the maximum of two allowed access points. b. The surface parking area will be re-striped, providing a more orderly and efficient use of the surface parking lot. NOW THEREFORE BE IT RESOLVED, that based upon the above Findings of Fact the application for a Site Plan (LP2011-007), Variance (VN2011-001), and Nonconforming Use Permit (NC2011-003) are hereby recommended for approval, subject to the following conditions: 1. The proposed solar electrical array is built consistent with the submitted plans. 2. All outdoor storage at the rear of the property is removed prior to issuance of any permits. Only firewood is permitted and only if stacked in a neat and orderly pile. 3. The fence surrounding the solar electric array shall be reduced in height from 4' to 3 'A'. Up to a 6' fence would be allowed along the Long Lake Road side of the array as that is considered a side and/or rear yard. 4. Extend the ornamental grasses and sunflowers, in a manner similar to that already shown on the landscaping plan, along the Old Highway 8 SW frontage so as to attempt to make the array less noticeable to traffic and pedestrians using Old Highway 8 SW. Adopted this 18th day of October, 2011. Bruce Howard, Planning Commission Chair ATTEST: Janice Gundlach, City Planner I:\COMMISSIONS\PLANNING\Reports\2011\10-18-2011\LP2011-007,VN2011-001,NC2011-003(Barley Johns)-RESOLUTION.doc 2