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~~ Ii RESOLUTION No. 02-081. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKINO FINDINOS OF FACT AND APPROYINO NC02-004 and LP02-011. WHEREAS, an application for a special use permit has been made by Phillip Johnson, Architect on behalf of Cement Masons, Plasterers and Shophands JA TC, Local 633, for a Nonconforming Use Permit and Site Plan Review to construct a 6,000 square foot addition onto the existing building at 2180 Old Highway 8 NW; and WHEREAS, the procedural history of the application is as follows: 1. An application for a nonconforming use permit was filed with the City of New Brighton on September 3, 2002. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on September 17, 2002 and all present were given a chance to freely speak at the hearing; 3. The City Council reviewed the plans on September 24,2002; and, Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to NC02-004 and LP02-011: 1. The subject site is zoned 1-1, Light Industrial and the future land use is LI, Light Industrial. 2. Both the Zoning Code and Comprehensive Plan support the use existing and proposed for the site. 3. The applicant is proposing to construct a 6,000 square foot addition onto the existing building at 2180 Old Highway 8 NW. 4. There are three parking spaces within the front yard setback, and the curbing along the east side of the parking area is missing; both of which are two type 4 nonconformities. 5. As specified in Section 8-610 of the New Brighton Zoning Ordinance, no Type 4 Nonconforming Use Permit shall be granted unless one or more ofthe following conditions are met: a. The total number of nonconfonnities is reduced. b. The impact of any nonconformities upon adjacent premises is reduced to the greatest I practical extent. c. The extent of any nonconformity is reduced where practical. 6. The City Council finds the type 4 nonconforming use standards satisfied. BE IT FURTHER RESOLVED, the application N C02-004 and LP02-0 11 is hereby approved subject to the following conditions: 1. Approval of a permit by the Rice Creek Watershed District. 2. The [mal grading plan shall be subject to review and approval of the City Engineer. 3. The proposed trees near the street easement are replaced with one (1) 3" green ash and centered in the landscaped area to improve visual ability for egress. I :\SHARED\CQUNCIL \Resolutions\2002\Comm Dev\NC02-004 _ LP02-011_ 2180 Old Hwy 8.doc