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<br />II <br /> <br />:r <br />i i <br /> <br />; ~ <br />I <br /> <br />:<4" <br /> <br />RESOLUTION No. 04.;..Q30 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />~~SOl,UTION MAKING FINnINGS 01+' FACT AND ApPROVING NC04-01 and LP04-01. <br />I! <br />I' <br />i 1 <br />~IEREAS, an application for a type 4 non-conforming use permit has been made by Ms. Wendy Francis <br />i I and Ms. Gina Bauman to open a coffee shop and ice cream cafe 2020 Silver Lake Road; and <br />, , <br />, I <br />! ; <br /> <br />i i <br />WltJEREAS, the procedural history of the application is as follows: <br /> <br /> 1. <br />! i 2. <br />! ; <br />I 3. <br />! i <br /> : <br /> <br />An application for a type 4 non~conforming use permit was filed with the City of New <br />Brighton on February 27, 2004. <br />The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on March 16, 2004 and all present were given a chance to freely speak at the hearing; <br />On March 23, 2004, the City Council considered the applications and, <br /> <br />WlHEREAS, the City Council makes the following Findings of Fact in respect to NC04.01 and LP04.01: <br />i " <br />f: <br /> <br />, , <br />i <br /> <br />. I <br />, . <br />i i <br /> <br />1. <br />2. <br /> <br />The subject site is zoned B-3, General Business. <br /> <br />The applicant is requesting a Type 4 Non-conforming Use Permit to open a business that <br />has been vacant since November of 2002. <br /> <br />A Type 4 Non-conforming use permit is required for the City to review the site plan. <br /> <br />Where Type 4 nonconformities are present and are proposed to continue, expansion of the <br />existing structure, construction of new structures, or resumption of use after discontinuance <br />of use for six or more months shall be allowed only upon permission of the City Council <br /> <br />As specified in Section 8-460 (2) of the New Brighton Zoning Ordinance, no Type 4 <br />Nonconforming Use Permit shall be granted unless one or more of the following conditions <br />are met : <br /> <br />a. The total number of nonconformities is reduced. <br />b. The impact of any nonconformities upon adjacent premises is reduced to the <br />greatest practical extent. <br />c. The extent of any nonconformity is reduced where practical. <br /> <br />3. <br />4. <br /> <br />5. <br /> <br />6. The Planning Commission held a public hearing on March 16,2004 and reviewed the <br />application and recommended approval to the City Council. <br /> <br />7. The City Council reviewed the application and finds that the applicant meets the conditions <br />of Section 8-460. <br /> <br />l:\CQUNCIL\Resolutions\2004\CornmunilY Development\NC 04-012020 Silver Lake Rd.doc <br />