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RESOLUTION NO. 10-061 STATE OF MINNESOTA ';. COUNTY OF RAMSEY CITY OF NEW BRIGHTON REsoT VTION MAKING FINDINGS OF FACT AND APPROVING OF A NONCONFORMING USE PERMIT. WHFOAs, an application has been made by Grandview Custom Homes on behalf of Tho Ngyuen to pq> mit construction of a 24' x 26' home addition where existing structures do not comply with,t�e 30' front yard and 5' rear yard setbacks at 742 2nd AVE NW, and JHE"AS, the procedural history of the application is as follows: 1. 4P application for a Nonconforming Use Permit was received on September 3, 2010. 2. toe Planning Commission, pursuant to a mailed notice to property owners within 350', held a �ublic hearing on September 21, 2010 and all present were given a chance to freely speak al the hearing. 3. T14e Planning Commission recommended approval on September 21, 2010 subject to one 4. Ae City Council considered the request on September 28, 2010. VHE `As, the Planning Commission and City Council make the following Findings of Fact with resp t to the Nonconforming Use Permit (NC2010-001): 1. e property is zoned R-1 A, Single Family Residential. 2. 14e property is guided in the Comprehensive Plan for Low Density Residential. 3. 14e property is legally described as follows: ¢ts 9 and 10, Block 5, 2ND ADDITION TO NEW BRIGHTON, Ramsey County, 4.e applicant has proposed to construct a 24' x 26' home addition meeting required biacks where a 15' x 20' home addition previously existed and met setbacks. 5. e existing front yard setback adjacent to 2nd Street NW is 6.1' when 30' is normally s 6. TRe existing rear yard setback is 4' when 5' is normally required. 7. e Planning Commission and City Council considered the proposed Nonconforming Use rmit in accordance with Zoning Code Section 8-460, which identified Type 4 8. '11 e Planning Commission and City Council determined that the nonconformity couldn't be p ctically reduced or eliminated but that the proposed improvements would not increase the n conformity or negatively impact adjacent property. Now THEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for a N conforming Use Permit (NC2010-001) is hereby approved, subject to the following 1. I>�the detached garage is removed in its entirety, it is rebuilt to comply with the 5' rear Td d setback. (Ngyuen)-RESOLUTION.d,,c 1