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,~~ RESOLUTION No. 9J-025 CITY OF NEW BRIGHTON 'RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF NC-114. WHEREAS, an application for a nonconforming use permit has been made by Greg Arnold of :pairy Queen, for the purpose of constructing a drive-through window, remodeling and expanding :ihe existing Dairy Queen facility located at 409 Old Highway 8 NW. WHEREAS, the procedural history of the application for a nonconforming use permit is as :follows: 1. 2. An application for a nonconforming use permit was filed with the City of New Brighton on February 26, 1999. The Planning Commission, pursuant to published and mailed notices, held a public hearing on March 16, 1999, and all persons present at the hearing were given an opportunity to be heard. On March 23, 1999, the City Council considered the application; and 3. Now, THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in i~espect to NC-114: :' 1. The subject site is zoned I-I, Light Industrial. 2. The following Type IV nonconformities exist on the subject site: a. The existing setbacks for the parking area and drive aisles do not meet the required forty (40) foot setback off of 4th Street and Old Highway 8. The existing setback for the front yard (Old Highway 8) is eight (8) feet and the side street yard (4th Street) is zero (0) feet. 3. The applicant is proposing to address the nonconformities as best he can. Green space is being added to both the front and side yard, the green space setback in the front yard (off Old Highway 8) is being doubled from eight (8) feet to sixteen (16) feet. Significant green space is being added in the northwest corner of the site. Additionally, the applicant will add a green space island to separate the proposed drive-through area from the existing parking stalls along 4th Street. 4. The proposed drive-through does not to interfere with the drive-aisle and customer parking area. BE IT FURTHER RESOLVED, the application NC-l14 is hereby approved subject to the ,<:onditions: 1. Off-street parking stalls must be striped with white or yellow painted lines, not less than four (4) inches wide. 2. The landscaping plans shall be installed per the submitted plans, with the exception of replacing the Pigmy Crimson Barberry with five (5) Anthony Water Spirea.