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8. That due to the unique history of the Subject Property, this has created a unique situation in <br />the City not found in other areas of the City. <br />9. That the innate conflicts were created by the City. <br />10. That the City is concerned that limiting unrelated persons would violate State law. <br />11. That the Subject Property is approximately 2.48 acres in size. <br />12. That the Subject Property and surrounding parcels are zoned R -1 Residential (Rural <br />Developing). <br />13. That Section 117 -358 (Newly erected buildings; lot grade elevations) of City Code states <br />that there shall not be more than one main dwelling on a lot except as otherwise provided. <br />14. That City Code Section 117 -111 (R -1 Residential District) does not list accessory <br />apartments /dwellings as an allowable use. <br />15. That the Applicant's dwelling on the Subject Property.is considered to be the main building <br />and the Applicant is requesting to utilize the accessory dwelling to lease to a separate tenant <br />with the intent to obtain lease revenue from use of the accessory dwelling. <br />16. That the use will not be unduly dangerous or otherwise detrimental to persons residing or <br />working in the vicinity of the use, or to the public welfare. <br />17. That the use will not substantially adversely impair the use, enjoyment or market value of <br />any surrounding property. <br />18. That the use will not be harmonious with and in the specific objectives of the <br />Comprehensive Plan. <br />19. That the use will not be designed, constructed, operated, and maintained so as to be <br />harmonious and appropriate in appearance with the existing or intended character of the <br />general vicinity and the use will /will not change the essential character of the area. <br />20. That the use will not be hazardous or disturbing to existing or future neighboring uses. <br />21. That the use will not be served adequately by essential public facilities and services, such as <br />highways, streets, police and fire protection, drainage structures, or schools. <br />22. That the use will not create excessive additional requirements at public cost for public <br />facilities and services and the use will not be detrimental to the economic welfare of the <br />community. <br />23. That the use will not involve uses, activities, processes, materials and equipment and <br />conditions of operation that will be detrimental to any persons, property, or the general <br />welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. <br />24. That the use will not be consistent with the intent and purposes of City Code Chapter 117. <br />RESOLUTION #11 -11 -220 <br />Page 2 of 3 <br />