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RESOLUTION NO. <br />08-023 <br />STATE OF MINNESOTA <br />COUNTY OF NEW BRIGHTON <br />CITY OF NEW BRIGHTON <br />MAKING FINDINGS OF FACT AND APPROVAL OF A NONCONFORMING USE PERMIT. <br />'HE S, an application has been made Dan Bruestle of Du All Services, on behalf of Jason and Teri <br />Lahr, permit construction of a taller second story with increased livable area, where the existing <br />home ' setback 25' from the front property line at 1230 Long Lake Road, and <br />'HERf As, the procedural history of the application is as follows: <br />1. A r application for a Nonconforming Use Permit was received on January 31, 2008. <br />2. Tm Planning Commission, pursuant to a mailed notice to property owners within 350', held a public <br />heming on February 19, 2008 and all present were given a chance to freely speak at the hearing. <br />3. T Planning Commission recommended approval on February 19, 2008 subject to conditions. <br />4. Tbk City Council considered the application on February 26, 2008. <br />r11IERI J S, the Planning Commission and City Council make the following Findings of Fact with respect to <br />the Nwiconforming Use Permit (NC2008-001): <br />1. TiD property is zoned R-1, Single Family Residential. <br />2. T i r, property is guided in the Comprehensive Plan for Low Density Residential. <br />3. Thle property is legally described as follows: <br />4. 4 applicant has proposed to expand the second story so as to create additional livable space. <br />5. T existing front yard setback is approximately 25' where 30' is normally required. <br />6. T 11 Planning Commission and City Council considered the proposed Nonconforming Use Permit <br />ir iccordance with Zoning Code Section 8-460, which identified Type 4 nonconformities. <br />7. T Planning Commission and City Council determined that the nonconformity couldn't be reduced <br />o liminated but that the proposed improvement would not increase the nonconformity or negatively <br />iqipact adjacent property. <br />Now <br />1. <br />[EREFORE BE IT RESOLVED, that based upon the above findings of fact the application for a <br />,_forming Use Permit (NC2008-001) is approved, subject to the following: <br />location of the shed in the rear yard to a setback f at least 5'. <br />this 26t1i day of February, 2008. <br />Steve arson, Mayor <br />ATT( T: y <br />Mgier$,D%ector of Finance anu <br />-rvicas-/ City irk <br />Development\2-26-2008\NC2008-001 (Lahr) - RESOLLMON.doc <br />