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Item No. 6 (continued) ii. The appeal with respect to condition #1 of the Use Permit as issued by the Zoning Administrator is denied on the ground that the fence described therein is not in compliance with non - waivable standards established by the Zoning Ordinance. ii i . The appeal with respect to Condition #3 of the subject Use Permit is denied on the ground that the so- called "good neighborhood" fence to be constructed adjacent to the northwesterly property line is necessary to serve as a buffer for the benefit of surrounding properties by generally containing the effects of the activities conducted on the premises and specifically by reducing the intrusion of sound and visual effects off -site of such activities. iv. The appeal with respect to Condition #4 of the subject Use permit pertaining to the expansion of the on -site parking lot is granted on the grounds that the costs of compliance therewith are dispropor- tionate to the benefits to be gained by imposition of the Condition and the additional parking which would be provided thereby is not necessary becaus there is sufficient on -site parking in the vicinity of the parcel to be used as a day care center as well as adequate on- street parking. v. The appeal with respect to Condition #6 of the subject Use Permit is granted in that the improvements described therein (closure of one curb cut and reconstruction of curb and gutter) were intended to compliment the expanded parking lot in Condition #4, which Condition has been deleted on the appeal. vi. The appeal with respect to Condition #7 of the subject Use Permit, requiring an Architectural Permit, is granted in that the purposes to be addressed thereby primarily related to Condition #4 which haas been deleted on the appeal. vii. Conditions #2, #5, and #8, not having been appealed, shall remain as conditions to the Use permit as modified on appeal. City Attorney Schricker advised that Condition 1 relative to removal of the illegal fence cannot be appealed. AMENDMENT: With the acceptance of Councilman Rhodes, Councilman Bury amended the motion to include Condition 3. CLARIFICATION: City Attorney Schricker advised that the motion as amended would result in granting the appeal on conditions 4, 6, and 7. The motion as amended carried unanimously by roll call vote. MINUTE ORDER NO. 85 -117 ---------------------------------------------------------------------------- - - - - -- Reg.Mtg. 8/12/85 Page 7 MINUTE BOOK NO. 46 Page No. 19