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RESOLUTION NO. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SITE PLAN AND NONCONFORMING USE PERMIT. WHEREAS, an application has been made by Medtox Scientific, Inc. to allow various parking lot improvements and expansions at 354—450 West County Road D, and WHEREAS,the procedural history of the application is as follows: 1. Application for a Site Plan and Nonconforming Use Permit were received on June 3, 2011. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 21, 2011 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended approval of the Site Plan and Nonconforming Use Permit, subject to conditions. 4. The City Council considered the request on June 28, 2011. WHEREAS, the Planning Commission and City Council make the following Findings of Fact with respect to the Site Plan (LP2011-003) and Nonconforming Use Permit(NC2011-001): 1. The property is zoned I—2, Heavy Industrial. 2. The property is guided in the Comprehensive Plan for Heavy Industrial. 3. The Planning Commission considered the Site Plan in accordance with the parking standards of Chapter 11 of the Zoning Code. 4. The Planning Commission found all applicable Site Plan standards to be met. 5. The Planning Commission considered the Nonconforming Use Permit with regard to Section 8-460 (2) which states a nonconforming use permit cannot be granted until one or more of the following conditions are met: a. The total number of nonconformities is reduced. b. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extend. c. The extent of any nonconformity is reduced where practical. 6. The Planning Commission determined the nonconforming use criteria were met based on the following: a. The 0' side yard parking setback does not run the entire distance of the property line. b. The nonconformity related to parking on an unimproved surface will be eliminated. c. An infiltration swale will be constructed where there is appropriate setback to help alleviate concerns with the 0' setback. d. The adjacent landowner is not further impacted. e. It is impractical for the applicant to meet the required 5' side yard setback. NOW THEREFORE BE IT RESOLVED, that based upon the above Findings of Fact the application for a Site Plan (LP2011-003) and Nonconforming Use Permit (NC2011-001) are hereby approved, subject to the following conditions: I.\COUNCIL\REPORTS\2011\Community Development\6-28-2011\LP2011-003,NC2011-001(Medtox)-RESOLUTION.doc I