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<br />-II <br />,. ;J <br /> <br /> <br />RESOLUTION No. <br /> <br />01-051 <br /> <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING ApPROVAL OF NC 01-01 AND SP 01-05 <br /> <br />WHEREAS, an application for a Nonconforming Use Permit and a Special Use Permit was made by <br />Daniel Jankowski for an office for Auto Sales and leasing use at 443 Old Highway 8 NW; and <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. An applications for a Type N Nonconforming Use Permit was filed with the City of New <br />Brighton on April 27, 2001. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on May 15, 2001, and all persons present at the hearing were given an opportunity to be <br />heard. <br />3. The Planning Commission voted unanimously to deny the Non-Conforming Use Permit and <br />the Special Use Permit (6-0). <br />4. The City Council moved to continue the item pending further Staff and City Attorney <br />review. <br /> <br />NOW lHEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to <br />NC 01-01: <br /> <br />1. The subject site is zoned I-I, Light Industrial. <br /> <br />2. The nonconformities that exist on the subject site include: <br />a. Front yard parking setback does not meet the required 40-foot setback; and, <br />b. There is a deficit of four (4) on-site parking stalls required by Section 11-030. <br /> <br />3. Issue ofa Non~conforming Use Permit requires that one or more of the following conditions are <br />met: <br /> <br />a. The total number of non conformities is reduced. <br />b. The impact of any nonconformity upon adjacent premises is reduced to the greatest <br />practical extent. <br />c. The extent of any nonconformity is reduced where practical. <br /> <br />4. Issue of a Special Use Permit is granted ifthe City Council finds: <br /> <br />(1) That the establishment. maintenance. or operations of the special use will not be <br />detrimental to or endanger the public health, safety. morals, comfort or general welfare. <br /> <br />(2) That the special use will not be injurious to the use and enjoyment of other property in the <br />immediate vicinity for the purposes already permitted, nor substantially diminish and <br />impair property values within the neighborhood <br /> <br />(3) That the establishment of the special use will not impede the normal and orderly development <br /> <br />I:ISHAAEOICOUNCIL\RHolulions\2001IComm. DevINC 01-01_443 Old Highway 8 NW.wpd <br /> <br />, i <br />