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1 <br />RESOLUTION <br />CITY COUNCIL <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A NONCONFORMING USE <br />VARIANCE TO AUTHORIZE CONSTRUCTION OF REPLACEMENT ADDITION WITHIN 13 <br />FEET OF HIGHWAY 88 ON THE BUILDING LOCATED AT 790 COUNTY ROAD D WEST <br /> <br /> <br />WHEREAS, the City of New Brighton is a municipal corporation, organized and existing under the <br />laws of the State of Minnesota; and, <br /> <br />WHEREAS, the City Council of the City of the New Brighton has adopted a comprehensive plan <br />and corresponding zoning regulations to promote orderly development and utilization of land within <br />the city; and, <br /> <br />WHEREAS, Chad Johnson (the “Applicant”) is owner of property 790 County Road D West which <br />has the property identification number of 32-30-23-43-0007; and <br /> <br />WHEREAS, the Applicant’s property is guided by the Comprehensive Plan for Commercial <br />Business, and is zoned B-3 on the City’s zoning map; and <br /> <br />WHEREAS, buildings within the B-3 zoning district are required to be a minimum of 30 feet from <br />adjacent rights-of-way; and <br /> <br />WHEREAS, the existing building includes a solarium on the eastern side of the structure that is <br />currently 13 feet away from the right-of-way for Highway 88; and <br /> <br />WHEREAS, the location of the existing solarium within the setback from Highway 88 was <br />authorized by the City via variance on July 28th, 1987; and <br /> <br />WHEREAS, the Applicant made application to the City on 10/19/18 for a nonconforming use <br />variance to authorize conversion of the solarium to an enclosed room matching the remainder of the <br />facility; and <br /> <br />WHEREAS, the footprint of the new addition will match that of the existing solarium, and the only <br />expansion of the building will occur in an upward direction; and <br /> <br />WHEREAS, staff fully reviewed the request and prepared a report for consideration by the Planning <br />Commission at their meeting on November 20, 2018; and <br /> <br />WHEREAS, the Planning Commission held a public hearing on the request at the November 20th <br />meeting and considered input from residents; and <br />