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<br />-! Ii <br />Ii <br />~ <br /> 1; <br /> '; <br /> : ~, <br /> <br />'<. <br /> <br />~ <br /> <br />RESOLUTION No. 96- 0 77 <br /> <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR A NONCONFORMING <br />USE PERMIT NC-I05. <br /> <br />WHEREAS, an application for a nonconforming use permit has been made by New Brighton <br />!! Amoco to permit enclosing a patio area for retail use on a site with Type IV nonconformities; and <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. An application for NC-l 05 was filed with the City of New Brighton on August 30,1996. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on September 17, 1996, and all persons present at the hearing were given an opportunity to <br />be heard. <br />!' 3. The City Council considered NC-IOS at it's meeting on September 24, 1996. <br /> <br />Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in <br />respect to NC-I 05: <br /> <br /> 1. <br /> 2. <br /> 3. <br /> 4. <br /> 5. <br />i: <br />i' 6. <br /> 7. <br />; ~ <br /> <br />The following Type IV nonconformities exist on the property: <br />a. Lack of a 25 foot setback for a driveway and off-street parking area from an R-2 <br />District boundary line. <br />The subject site is zoned B-3, General Business. <br />The site adjacent to the north is zoned R-2, Two Family Residential, and is developed with <br />townhomes. <br />Section 5-580 (b) requires a 25-foot landscaped strip between a B-3 and R-2 district. <br />The existing driveway and off-street parking area is setback 10 feet from the R-2 district <br />boundary line. <br />An existing privacy fence is located on the subject site and an evergreen screen is <br />established on the property adjacent to the north. <br />On November 22, 1994, the City Council determined the applicant had reduced the <br />nonconformity to the greatest practical extent. <br /> <br />BE IT FURTHER RESOLVED, the application NC-I 05 is hereby approved, subject to the following <br />condition: <br /> <br />1. Approval of LP-319. <br />Adopted this 24th day of September, 1996. <br /> <br />r!"/ttt (Lh/kl.tLi~~ <br /> <br />Char Samuelson, Acting Mayor <br /> <br />/~~ 1;~/ <br /> <br />Matthew S. Fulton, City Manager <br /> <br />-~ <br />,':; '\''\t <br />-;: Mar-g~et A. an, City Clerk <br /> <br />-..... <br />;! 1:\COMMOEW~D\-96'CCRE\NC-1 05_WPO <br />; ~, '.,', <br /> <br />" <br />