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2 WHEREAS, the Planning Commission recommended approval of the request based on the applicant’s submittals and findings of fact; and WHEREAS, the City Council considered on November 27th, 2018, the recommendations of the Planning Commission, Staff, the Applicant's submissions, the contents of the staff report, and other evidence available to the Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Brighton hereby approves the requested nonconforming use variance based on the following findings of fact: 1. The subject property is guided for commercial business use by the comprehensive plan, and has been the location of a restaurant for decades. 2. The subject property is zoned B-3, General Business which requires a 30-foot setback from adjacent rights-of-way. 3. The existing building has been granted multiple variances including but not necessarily limited to: a. September 26, 1972: allowing a setback of 20 feet from Highway 88; b. July 28th, 1987: allowing a setback of 13 feet from Highway 88; c. November 24, 1987: allowing a 15-foot variance from Long Lake Road. 4. The proposed addition would replace the existing solarium with an enclosed room matching the remainder of the facility from the inside and out. 5. The footprint for the proposed addition will match the footprint of the solarium previously approved by variance in 1987, and the only expansion within the setback will be in an upward direction. 6. The proposed improvement is in harmony with the comprehensive plan as it will enhance the building and will not impact surrounding properties. 7. The request is reasonable as it will not expand the existing nonconformity previously authorized by variance towards adjacent rights-of-way. 8. The landowner was not responsible for the initial construction of the solarium within the setback. 9. The proposed improvements will not have a negative impact on the essential character of the locality.