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RESOLUTION PLANNING COMMISSION CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A REVISION TO A PREVOUSLY APPROVED SITE PLAN AND NONCONFORMING USE PERMIT PER RESOLUTION 11-100. WHEREAS, an application has been made by Norm Wells Architect PA on behalf of Bell Lumber & Pole Company to permit a revision to the proposed surface parking area approved in conjunction with a second storage office addition at 778 1st Street NW, and, WHEREAS,the procedural history of the application is as follows: 1. A request to revise the approved Site Plan and Nonconforming Use Permit was received on December 30, 2011. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on January 17, 2012 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended conditional approval on January 17, 2012. 4. The original Site Plan and Nonconforming Use Permit were considered by the Planning Commission on October 18, 2011 and approved by the City Council on October 25, 2011. WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the revised Site Plan(LP2000-005) and Nonconforming Use Permit (NC2011-002): 1. The property is zoned I—2, Heavy Industrial. 2. The property is guided in the Comprehensive Plan for Business Park. 3. The applicant previously obtained approval of a Site Plan and Nonconforming Use Permit per Resolution 11-100 adopted by the City Council on October 25, 2011. 4. The Planning Commission considered the revised Site Plan in accordance with I - 2 district standards of Section 6-150, the commercial performance standards of Section 6-390, and the parking standards of Chapter 11 of the Zoning Code. 5. The Planning Commission found all applicable Site Plan standards continue to be met with the revised surface parking layout. 6. As outlined in Resolution 11-100, the Planning Commission recognizes the following nonconformities exist on the site: a. Parking areas less than the required setback. b. Storage areas less than the required setback c. Odor detectable beyond the lot line d. Lack of concrete curbing &bituminous or concrete drive-aisles—i.e. dust e. Fence heights and locations taller than allowed by code f. Exterior building materials along street frontages not meeting Section 6-390 (12). 7. The Planning Commission considered the revised Nonconforming Use Permit in accordance with Section 8-460 (2) and the following criteria: a. The total number of nonconformities is reduced. b. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. c. The extent of any nonconformity is reduced where practical. 1