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~ RESOLUTION NO. 93-042 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING NC-91. WHEREAS, an application for NC-91 has been made by Independent School District No. 621 (Sunnyside Elementary School) to permit the construction of a 600 square foot storage addition on a site with type IV nonconformities; and WHEREAS, the procedural history of the application is as follows: 1 . An application for a nonconforming use permit, NC-91 was filed with the City of New Brighton on February 26, 1993. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on March 16, 1993, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered NC-91 on March 23, 1993. NOW, THEREFORE, BE IT RESOLVED the City Councilmakes the following Findings of Fact in respect to NC-91 : 1. 2. 3. The following type IV nonconformities exist on the property: a. Lack of poured-in-place continuous concrete curbing around the north, south, and west side of existing parking area. b. Parking area within frontyard setback area. c. 120 foot wide curb cut onto County Road H. d. The existing east wing of the school is setback 20 feet from the front property line. The subject site is zoned R-1, Single Family Residential. Section 4-040 lc) of the Zoning Code requires structures to be setback 30 feet from the front property line. Section 6-350 (e) of the Zoning Code requires poured-in-place concrete curbing around all parking areas serving institutional developments. Section 4-520 (a) of the Zoning Code does not permit off-street parking areas within the frontyard setback in residential districts. Section 11-020 (h)(1 0) of the Zoning Code limits curb cuts to a maximum of 36 feet in width. The applicant has agreed to correct the above nonconformities (a through c) per City Code by September 1, 1994. With the provision of the above site improvements, the applicant would have done everything practical to eliminate and reduce the exiting type IV nonconformities. 4. 5. 6. 7. 8. BE IT FURTHER RESOLVED, the application NC-91 is hereby approved subject to the following conditions: 1. 2. Provide poured-in-place concrete curbing along the north, south, and west side of the existing parking area; provision of landscaped 30 foot setback area from County Road H for existing parking area; installation of two curb cuts per City Code by September 1, 1994. Provision of a bond or letter of credit or other assurances satisfactory to the City Council covering 100% of the cost to install the curbing, curb cuts, and setback area landscaping, prior to the building permit being issued for the subject addition. Approval of and continuing compliance with SP-175 and LP-271. Adopted this 23rd day of March, 1 993. 3. ATT~ST: ~~ Finance Director/City Clerk (SEAL)