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. , ! RESOLUTION No. 95 - 015 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND DENYING AN APPLICATION FOR A NONCONFORMING USE PERMIT NC-98. WHEREAS, an application for a nonconforming use permit has been made by Tom Thumb Food Markets, Inc. to permit the construction of a gas pump canopy on a site with Type IV nonconformities; and WHEREAS, the procedural history of the application is as follows: 1. An application for NC-98 was filed with the City of New Brighton on December 29, 1994. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on January 17, 1995, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered NC-98 on January 24, 1995 and February 14, 1995. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to NC-98: 1. The following Type IV nonconformities exist on the property: a. Lack of a 30 foot front yard setback and a 5 foot rearyard setback for the existing off-street parking and maneuvering area. 2. The subject site is zoned B-2, Neighborhood Business. 3. Section 11-020 (f) of the City's Parking Standards requires all off-street parking and maneuvering areas in the B-2 district have a 30 foot front yard setback and a 5 foot rearyard setback. 4. The subject front property line is irregular and jogs 25 feet closer to the south causing the existing parking lot to have setbacks as much as 30 feet on the east and as little as 5 feet on the west. The applicant is not proposing to reduce the nonconformity of the front yard setback. 5. The existing maneuvering area behind the building abuts the rear property line, and the applicant is not proposing to reduce the nonconformity of the rearyard setback. 6. The applicant is not reducing the number of nonconformities, the impact of nonconformities on adjacent properties, or the extent of any nonconformities. 7. The applicant proposes to increase noncompliance with district regulations by construction of a canopy over the fuel pumps which is not in compliance with the setback requirements for structures in the district. BE IT FURTHER RESOLVED, the application NC-98 is hereby denied. Adopted this 14th day of February, 1995. M~ Finance Director/City Clerk 7~JuL- Robert Benke, Mayor ~ Ma hew S. ulton, City Manager ATTEST: (SEAL)