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RESOLUTION NO. <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING OF A NONCONFORMING USE PERMIT. <br />WHEREAS, an application has been made by Grandview Custom Homes on behalf of Tho Ngyuen <br />to permit construction of a 24' x 26' home addition where existing structures do not comply with <br />the 30' front yard and 5' rear yard setbacks at 742 2nd AVE NW, and <br />WHEREAS, the procedural history of the application is as follows: <br />1. An application for a Nonconforming Use Permit was received on September 3, 2010. <br />2. The Planning Commission, pursuant to a mailed notice to property owners within 350', held <br />a public hearing on September 21, 2010 and all present were given a chance to freely speak <br />at the hearing. <br />3. The Planning Commission recommended approval on September 21, 2010 subject to one <br />condition. <br />4. The City Council considered the request on September 28, 2010. <br />WHEREAS, the Planning Commission and City Council make the following Findings of Fact with <br />respect to the Nonconforming Use Permit (NC2010-001): <br />1. The property is zoned R -IA, Single Family Residential. <br />2. The property is guided in the Comprehensive Plan for Low Density Residential. <br />3. The property is legally described as follows: <br />Lots 9 and 10, Block 5, 2ND ADDITION TO NEW BRIGHTON, Ramsey County, <br />Minnesota. <br />4. The applicant has proposed to construct a 24' x 26' home addition meeting required setbacks <br />where a 15'x 20' home addition previously existed and met setbacks. <br />5. The existing front yard setback adjacent to 2nd Street NW is 6.1' when 30' is normally <br />required. <br />6. The existing rear yard setback is 4' when 5' is normally required. <br />The Planning Commission and City Council considered the proposed Nonconforming Use <br />Permit in accordance with Zoning Code Section 8-460, which identified Type 4 <br />nonconformities. <br />8. The Planning Commission and City Council determined that the nonconformity couldn't be <br />practically reduced or eliminated but that the proposed improvements would not increase the <br />nonconformity or negatively impact adjacent property. <br />NOW THEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for <br />a Nonconforming Use Permit (NC2010-001) is hereby approved, subject to the following <br />condition: <br />If the detached garage is removed in its entirety, it is rebuilt to comply with the 5' rear yard <br />setback. <br />I:ACOUNCIVREPORTS\2010ACommunity Developmentl9-28-2010ANC2010-001 (Ngyuen) - RESOLUTIONAd <br />