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3. That the Subject Property is zoned H-1 Highway 10 Business District and is approximately <br />1.52 acres in size. <br />4. That the Subject Property abuts the railroad tracks to the north, Highway 10 to the south, <br />and parcels to the east and west of the Subject Property are zoned H-1 Highway 10 Business <br />District. <br />5. That the Permittee has submitted a Site Plan to expand the paved area on the Subject <br />Property to provide additional area to display motor vehicles for sale. <br />6. That Section 117-120 of the City Code requires all parking and pavement (including <br />maneuvering, sales, and display areas), setback from street right-of-way at least twenty <br />(20) feet. <br />7. That the Permittee has applied for a Variance to the setback requirement. <br />8. That motor vehicle, implement, and recreation equipment sales and service is a conditional <br />use in the H-1 Highway 10 Business District. <br />9. That motor vehicle sales had been occurring on the Subject Property when City Code was <br />amended to identify motor vehicle sales as a Conditional Use and has been occurring <br />continuously on the Subject Property since that amendment. <br />10. That the Permittee has requested a Conditional Use Permit to expand the lawful non- <br />conforming use by expanding the paving/parking area and to allow for motor vehicle sales <br />on the Subject Property. <br />11. That City Code Section 117-356 (Commercial and Industrial Development Off -Street <br />Parking) requires one (1) dedicated customer parking space for every ten (10) vehicles <br />displayed; three (3) dedicated customer parking spaces for each enclosed bay; and one (1) <br />dedicated parking space for each full time employee. <br />12. That vehicles displayed for sale shall be restricted to bituminous or concrete surfaces only. <br />13. That the Planning Commission met on September 7, 2017, conducted a public hearing and <br />recommended City Council approval/denial of the request. <br />FINDINGS OF FACT <br />1. That motor vehicle sales will not be unduly dangerous or detrimental to persons <br />residing or working in the vicinity of the use, or to the public welfar. <br />2. That motor vehicle sales will not substantially adversely impair the use, enjoyment <br />or market value of any of the surrounding properties. <br />RESOLUTION #17-09-218 <br />Page 2 of 6 <br />