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<br />~ <br /> <br />l <br /> <br />RESOLUTION NO. 93- 123 <br /> <br />I (" <br /> <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF APPLICATION <br />FOR A NONCONFORMING USE PERMIT NC-94. <br /> <br />WHEREAS, an application for a nonconforming use permit. NC-94 has been made by Bell <br />Lumber and Pole to permit the construction of a 6,400 square foot enclosed water treatment and <br />maintenance facility on a site with Type IV nonconformities. <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1 . An application for a nonconforming use permit. NC-94, was filed with the City of <br />New Brighton on September 3, 1993. <br />2. The Planning Commission. pursuant to published and mailed notices, held a public <br />hearing on September 21, 1993, and all persons present at the hearing were given <br />an opportunity to be heard. <br />3. The City Council considered NC-94 on September 28, 1993 and October 12, 1993. <br /> <br />NOW, THEREFORE, BE IT RESOLVED the City Council makes the following Findings of Fact <br />in respect to NC-94: <br /> <br />1. The following Type IV nonconformity exists on the property: <br />a. Lack of adequate setbacks for exterior storage. <br />b. Lack of adequate setback for existing maintenance building. <br />2. The subject site is zoned 1-2, Heavy Industrial. <br />3. Section 6-930 (j) requires exterior storage areas which exceed six feet in height to <br />meet the district setbacks for buildings. <br />4. Section 6-060 (b) requires all structures to be setback 15 feet from the sideyard <br />property line. <br />5. Bell Lumber and Pole cannot comply with the strict enforcement of the required <br />setbacks for exterior storage at this time due to certain existing exterior storage <br />areas being occupied by environmental/remediation equipment and facilities and <br />storm water retention ponds. <br />6. Bell Lumber and Pole will remove the existing maintenance building thereby <br />eliminating the existing sideyard setback nonconformity. <br />7. The applicant has done everything practical to eliminate and reduce the existing <br />Type IV nonconformities. <br /> <br />BE IT FURTHER RESOLVED, the application NC-94 is hereby approved subject to the <br />following condition: <br /> <br />1 . Approval of LP-280 <br /> <br />Adopted this 12th day of October, 1993. <br /> <br />-..-.- <br /> <br /> <br />ATTEST:' -", <br /> <br />~,.rk <br /> <br />'(SEAL) <br />