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• RESOLUTION No. 98- <br /> CITY OF NEW BRIGHTON <br /> RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF NC-1 1 3&LP-350. <br /> WHEREAS, an application for a nonconforming use permit has been made by AAA Cooper <br /> Transportation, for the purpose of constructing a gasoline fueling facility and canopy at 50 Old <br /> Highway 8 NW. <br /> WHEREAS,the procedural history of the application for a nonconforming use permit is as <br /> follows: <br /> 1. An application for a nonconforming use permit was filed with the City of New Brighton on <br /> January 26, 1999. <br /> 2. The Planning Commission, pursuant to published and mailed notices,held a public hearing <br /> on February 16, 1999, and all persons present at the hearing were given an opportunity to <br /> be heard. The Planning Commission considered the nonconforming use permit and site <br /> plan and unanimously recommended denial due to the fact that there were errors on the site <br /> plan,and the nonconformities were not adequately addressed. (Vote: 5-0) <br /> 3. On February 23, 1999,the City Council considered the nonconforming use permit and site <br /> plan; and <br /> NOW,THEREFORE BE IT RESOLVED,the City Council makes the following Findings s of Fact in <br /> respect to NC-I 13 &LP-350: <br /> 1. The subject site is zoned I-1,Light Industrial <br /> 2. The following Type IV nonconformities exist on the subject site: <br /> a. The existing setbacks for the parking area and drive aisles do not meet the required <br /> forty(40)foot setback off of 14th Street NW. <br /> b. There is not a complete perimeter curb around the parking lot and drive aisles. <br /> 3. The applicant is proposing to address the nonconformities by installing perimeter curbing <br /> around the parking lot and drive aisles, and install landscaping around the perimeter of the <br /> site. <br /> 4. The applicant is unable to address the nonconformity regarding the setback off of 14th <br /> Street NW. If the green space were expanded,the drive aisle would have to be eliminated, <br /> thereby cutting off access to that portion of the site. <br /> BE IT FURTHER RESOLVED,the application NC-113 &LP-350 is hereby approved, subject to the <br /> following conditions: <br /> 1. Perimeter curbing be installed around the entire perimeter of the off-street parking/loading <br /> and drive aisle areas. <br /> 2. All off-street parking stalls must be striped. Drive aisle widths must be 24 feet and parking <br /> space depths shall be 18 feet. <br />