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RESOLUTION PLANNING COMMISSION CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A SITE PLAN AND NONCONFORMING USE PERMIT. WHEREAS, an application has been made by Norm Wells Architect PA on behalf of Bell Lumber & Pole Company to permit construction of a 2,304 SF second story office addition and associated surface parking at 778 1st Street NW, and, WHEREAS,the procedural history of the application is as follows: 1. Applications for a Site Plan and Nonconforming Use Permit were received on September 26, 2011. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on October 18, 2011 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended conditional approval on October 18, 2011. WHEREAS,the Planning Commission makes the following Findings of Fact with respect to the 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 is proposing to construct a 2,304 SF second story office addition above the portion of the building constructed in 2008-2009, including construction of 11 additional surface parking stalls. 4. The Planning Commission considered the 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 and City Council found all applicable Site Plan standards to be met, subject to installation of additional landscaping as outlined in the conditions of approval. 6. The Planning Commission determined 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 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