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1 <br />RESOLUTION <br />PLANNING COMMISSION <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL A SITE PLAN, SPECIAL <br />USE PERMIT AND NONCONFORMING USE PERMIT FOR 5XX 1ST ST SW (PID#323023120022). <br /> <br />WHEREAS, an application has been made by Nick Houwman of Houwman Architects on behalf of <br />Bill Kirkpatrick of Big Blue Boxes to allow construction of a 3,360 SF office building and <br />associated parking and landscaping improvements at an unaddressed site located at the 500 block <br />of 1st Street SW (PID#323023120022), and <br /> <br />WHEREAS, the procedural history of the application is as follows: <br />1. Applications for a Site Plan, Special Use Permit, and Nonconforming Use Permit were <br />received on July 25, 2016. <br />2. A public hearing notice concerning the requests was published in the August 3, 2016 edition <br />of the New Brighton Bulletin. <br />3. Public hearing notices were mailed to property owners within 350’ of the property on August <br />5, 2016. <br />4. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on August 16, 2016 and all present were given a chance to freely speak at the hearing. <br />5. The Planning Commission recommended conditional approval on August 16, 2016. <br /> <br />WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the Site <br />Plan (LP2016-005), Special Use Permit (SP2016-010), and Nonconforming Use Permit <br />(NC2016-005): <br />1. The property is zoned I – 2, Heavy Industrial. <br />2. The property is guided in the Comprehensive Plan for HI, Heavy Industrial. <br />3. The property is legally described as follows: <br />5XX 1st ST SW (323023120022) <br />Certificate of Title No. 572241: <br />That part of the Northwest quarter of the Northeast quarter of Section 32, Township 30, <br />Range 23, lying westerly of Minnesota Transfer Railway Company’s right-of-way, southerly <br />of the center line of First Street Southwest and easterly of the West 899 feet, except the North <br />169.80 feet of the West 17.00 feet thereof. <br />4. The applicant is proposing to construct a 3,360 SF modular office building and associated <br />surface parking area and landscaping. <br />5. The Planning Commission considered the Site Plan in accordance with I - 2 district standards <br />of Section 6-150, the commercial performance standards of Section 6-390, Site Plan and <br />Nonconforming Use standards of Section 8-130 and 8-460 respectively, the parking <br />standards of Chapter 11, and the Shoreland Ordinance of Chapter 12 of the Zoning Code. <br />6. The Planning Commission found all applicable Site Plan standards to be met based on the <br />analysis within the Planning Report dated 8/11/2016. <br />7. Trailer storage is currently being conducted from the site, with the use likely grandfathered in <br />being no special use permit is on record nor was a special use permit likely required at the