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, , J1 - . '!, RESOLUTION NO. 2214 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR A NON-CONFORMING USE PERMIT, NC-39 WHEREAS, an application for a Non-conforming Use Permit entitled NC-39 has been made by MacGillis & Gibbs Company to permit the construction of an industrial building on a site with Type IV non-conformities. WHEREAS, the procedural history of the application is as follows: l. That an application for a non-conforming use permit was filed with the City of New Brighton on May 9, 1979. 2 . That such application was reviewed by the New Brighton Planning Commission Board of Review on May 15, 1979. 3. That the City Council, pursuant to published and mailed notices, held a public hearing on June 26, 1979, all person's present at the hearing were given an opportunity to be heard. 4. The written comments and analysis of the City staff, the Planning Commission minutes and recommendations were considered. NOW THEREFORE BE IT RESOLVED, that the New Brighton City I Council makes the following Findings of Fact in respect to NC-39: l. That the following Type IV non-conformities exist on the property: l A. Lack of required landscaping I I B. Lack of dustless surface of driving and parking areas C. Lack of concrete curbing I Ii D. Front yard parking in an industrial district ! E. Materials stored are over six feet in height ! and do not meet district setback requirements F. Lack of screening of outside storage~ ! 2. With the completion of the required fencing and landscaping required by VN-167 and NC-21, the applicant has provided adequate landscaping and screening. 3. Concrete curbing and paving of parking and driving I area i s not practical for applicant with this type of business operation. 4. The applicant, with the exception of dust control measures, has done everything practical to eliminate and reduce the existing non-conformities. I , I I