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!' ~ RESOLUTION NO. 931.21 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR A NONCONFORMING USE PERMIT NC-95 WHEREAS, an application for a nonconforming use permit has been made by Innsbruck Health Care Center to permit the construction of an addition to a nursing home on a site with Type IV non conformities; and WHEREAS, the procedural history of the application is as follows: 1 . An application for NC-95 was filed with the City of New Brighton on September 3, 1993. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on September 21, 1993, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered NC-95 on September 28, 1993. NOW, THEREFORE, BE IT RESOLVED the City Council makes the following Findings of Fact in respect to NC-95: 1 . The subject site is zoned R-3B, Multiple Family Residential. 2. The following Type IV non conformities exist on the property: A. The southwest corner of the existing nursing home facility is located 19.6 feet from the front property line; B. The existing off street parking lot south of the existing facility is located 18 feet from the front property line; C. The existing off street parking lot south of the existing facility and the existing driveway along the east property line do not have poured in place concrete curbing; D. The dumpsters on the subject site are not located in a dumpster enclosure. 3. Section 4-440 (cl requires all structures to be setback 30 feet from the front property line. 4. Section 11-020 (f) requires all off street parking areas to be setback 30 feet from the front property line. 5. Section 11-020 (bl requires all driving and parking areas to contain poured in place concrete curbing. 6. Section 11-8 of the City Code requires all dumpsters to be kept in an enclosing structure. 7. The applicant proposes to pursue the vacation of a portion of the 1-694 Service Drive right-of-way to bring the existing nursing home facility into compliance with the 30 foot frontyard setback requirement. 8. The applicant states the existing off street parking lot located south of the nursing home facility is adjacent to the front entrance to the facility, provides for handicapped and visitor parking, has a setback equal to the setbacks of the structures east of the subject site along the 1*694 Service Drive, the reduced setback does not alter the streetscape of the 1-694 Service Drive, and is separated from the 1-694 Service Drive by a landscaped green space.