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II� <br /> {f� <br /> • • <br /> RESOLUTION No. 98- <br /> CITY OF NEW BRIGHTON <br /> I <br /> RESOLUTION MAKING FINDINGS OF FACT AND DENIAL OF NC-113 &LP-350. <br /> ii <br /> it <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 in 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 /> • <br /> Now,THEREFORE BE IT RESOLVED,the City Council makes the following Findings of Fact in <br /> respect to NC-113 &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 installing landscaping along Old Highway 8. <br /> 4. The applicant is not willing to address the nonconformity regarding the setback off of 14th <br /> Street NW. <br /> 5. The proposed landscape screen of the gasoline fueling station along Old Highway 8 does <br /> not provide an adequate screen from property to the north, south and east. <br /> BE IT FURTHER RESOLVED,the application NC-113 &LP-350 is hereby denied <br /> • <br /> I; <br /> I <br />