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RESOLUTION No. <br />11-067 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SITE PLAN AND NONCONFORMING USE <br />PERMIT. <br />WHEPIAS, an application has been made by Medtox Scientific, Inc. to allow various parking lot <br />imprgvements and expansions at 354 — 450 West County Road D, and <br />WHFgAS, the procedural history of the application is as follows: <br />1. Application for a Site Plan and Nonconforming Use Permit were received on June 3, 2011. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />of June 21, 2011 and all present were given a chance to freely speak at the hearing. <br />3. The Planning Commission recommended approval of the Site Plan and Nonconforming Use <br />IjJ rmit, subject to conditions. <br />4. 'the City Council considered the request on June 28, 2011. <br />'HE AS, the Planning Commission and City Council make the following Findings of Fact with <br />respect to the Site Plan (LP2011-003) and Nonconforming Use Permit (NC201 1 -001): <br />1. -$e property is zoned I — 2, Heavy Industrial. <br />2. he property is guided in the Comprehensive Plan for Heavy Industrial. <br />3. -�e Planning Commission considered the Site Plan in accordance with the parking standards <br />Chapter 11 of the Zoning Code. <br />4. $e Planning Commission found all applicable Site Plan standards to be met. <br />5. le Planning Commission considered the Nonconforming Use Permit with regard to Section <br />460 (2) which states a nonconforming use permit cannot be granted until one or more of <br />e following conditions are met: <br />The total number of nonconformities is reduced. <br />The impact of any nonconformity upon adjacent premises is reduced to the greatest <br />practical extend. <br />The extent of any nonconformity is reduced where practical. <br />6. j e Planning Commission determined the nonconforming use criteria were met based on the <br />The 0' side yard parking setback does not run the entire distance of the property line. <br />The nonconformity related to parking on an unimproved surface will be eliminated. <br />An infiltration swale will be constructed where there is appropriate setback to help <br />alleviate concerns with the 0' setback. <br />The adjacent landowner is not further impacted. <br />It is impractical for the applicant to meet the required 5' side yard setback. <br />I\Community DevelopmenP•.6-28-2011\LP2011-003, NC2011-001 (Medtox) - RESOLUTION.doc <br />