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Page 1 of 2 <br /> <br />RESOLUTION <br />CITY COUNCIL <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A NONCONFORMING USE <br />PERMIT TO AUTHORIZE A PROPOSED CONFORMING ADDITION TO THE REAR OF THE <br />EXISTING HOME AT 23 15TH AVE SW <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, Lynell Gupta (the “Applicant”) owns the property at 23 15th Ave SW which has a <br />property identification number of 32-30-23-22-00-0037; and <br /> <br />WHEREAS, the Applicant is seeking to construct an addition to the existing home that will conform <br />to all zoning requirements including setbacks, but the front of the existing home currently extends <br />into the required front yard setback thereby constituting a Type 4 nonconforming use; and <br /> <br />WHEREAS, zoning requires a property owner to obtain a nonconforming use permit anytime a <br />structure with a Type 4 nonconforming use is enlarged in any way; and <br /> <br />WHEREAS, Lynell Gupta (the “Applicant”) made application to the City on 02/26/2019 for a <br />nonconforming use permit to authorize the proposed addition to the rear of the home; and <br /> <br />WHEREAS, staff fully reviewed the request and prepared a report for consideration by the Planning <br />Commission at a special meeting held on April 2nd, 2019; and <br /> <br />WHEREAS, the Planning Commission held a public hearing on the request at the April 2nd meeting <br />and considered input from residents; and <br /> <br />WHEREAS, the Planning Commission recommended approval of the request on April 2nd based on <br />the applicant’s submittals and findings of fact; and <br /> <br />WHEREAS, the City Council considered on April 9th, 2019, the recommendations of the Planning <br />Commission, Staff, the Applicant's submissions, the contents of the staff report, and other evidence <br />available to the Council. <br /> <br /> <br />