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RESOLUTION NO. 08-105 ,STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON �UTION MAKING FINDINGS OF FACT AND APPROVING A NONCONFORMING USE PERMIT. AS, an application has been made by James and Laurel Nelson to permit construction of a and house addition where the existing home and detached garage do not meet the ed side street yard setback at 581 12`' Avenue NW, and (HE AS, the procedural history of the application is as follows: 1. application for a Nonconforming Use Permit was received on October 8, 2008. 2. a Planning Commission, pursuant to a mailed notice to property owners within 350', held public hearing on November 18, 2008 and all present were given a chance to freely speak at e hearing. 3. he Planning Commission recommended approval on November 18, 2008 subject to nditions. 4. Ihe City Council considered the request on November 25, 2008. JHEI As, the Planning Commission and City Council make the following. Findings of Fact with res ct to the Nonconforming Use Permit (NC2008-006): 1. Ihe property is zoned R-1, Single Family Residential. 2. 1 he property is guided in the Comprehensive Plan for Low Density Residential. 3.a property is legally described as follows: tots 13 and 14, Block 13, SYNDICATE ADDITION TO MINNEAPOLIS, Ramsey County, 4. a applicant has proposed to construct a grade level deck and 15' x 42' house addition eeting required setbacks. 5. he existing side street yard setback adjacent to 6`' Street NW is 7.8' when 30' is normally 6, he existing side street yard setback adjacent to 6' Street NW is 25.4' when 30' is anally required. 7. he Planning Commission and City Council considered the proposed Nonconforming Use rmit in accordance with Zoning Code Section 8-460, which identified Type 4 8.e Planning Commission and City Council determined that the nonconformity couldn't be actically reduced or eliminated but that the proposed improvements would not increase the nconformity or negatively impact adjacent property. 9. a Planning Commission and City Council determined that the portion of the deck proposed ithin the 30' side street yard setback would not require a Variance as it is an allowed exception under Section 4-580 (2) of the Zoning Code. 10. a Planning Commission and City Council have indicated to narrower portion of the aposed deck, located within the 30' setback but as an allowed encroachment, should be crease to 8' in width. Development\] 1-25-2008\NC2008-006 (Nelson) - RESOLUTION.doc 1