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RESOLUTION NO. 07-042 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOL ION MAKING FINDINGS OF FACT AND APPROVAL OF A PRELIMINARY AND FINAL PLAT, SITE PLAN VIEW, VARIANCE AND NONCONFORMING USE PERMIT. WnE s, an application has been made by Norm Wells on behalf of Manfred Niedernhoefer to consi r a preliminary and final plat, site plan review, variance and nonconforming use permit to allow the combination of property and construction of an addition to connect two existing Indus ial buildings, including additional surface parking. WHERI s, the procedural history of the application is as follows: 1. Applications for a Preliminary and Final Plat, Site Plan Review, Variance, and Nonconforming Use Permit were received on February 2, 2007. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on February 20, 2007 and all present were given a chance to freely speak at the hearing. 3. City staff extended the review period, in accordance with 15.99 rules on March 30, 2007 to allow additional staff review time related to the applicants appeal of a park dedication fee. 4. The City Council reviewed the request on April 10, 2007 and tabled action so that further information could be gathered pertaining to park dedication. 5. The City Council continued discussion on May 8, 2007 and recommended approval subject to conditions. WHE , the Planning Commission and Council make the following Findings of Fact in respect to PL 07-001, FP2007-001, LP2007-001, VN2007-001, and NC2007-001: 1. The property is currently occupied by two existing industrial buildings (52 & 55 Mound Avenue) and an existing single family home (2023 Old Highway 8 NW). 2. The property is zoned I-1, Light Industrial. 3. The property is guided in the Comprehensive Plan for Light Industrial. 4. The total property area is approximately 2.2 acres. 5. The Planning Commission and Council recommend approval for a Preliminary Plat in accordance with City Code Section 26-33. 6. The Planning Commission and Council recommend approval for a Site Plan review in accordance with Zoning Ordinance Section 8-010, subject to conditions. 7. The applicant applied for a rear yard building setback variance to permit a 14' setback where 20' is required. 8. Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of the City of New Brighton Zoning Code, the Council shall have the power, in a specific case, to permit variances from the provisions of this ordinance. The crucial points of the variance are. I:\CO IL\REPORTS\2007\CommunityDevelopment\5-8-07\PL2007-001, FP2007-001, LP2007-001, VN2007-001, NC2007-001 (Cheetah Precisio~l - RESOLUTION.doc