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<br />.. <br /> <br />~~. --c.. <br /> <br />RESOLUTION NO. 87- 25 <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR NON- <br />CONFORMING USE PERMIT NC-78. <br /> <br />WHEREAS, an application for a non-conforming use permit, NC-78, has been <br />made by MacGillis & Gibbs company to permit the construction of a truck weigh <br />scale on a site with Type IV non-conformities. <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. That an application for a non-conforming use permit, NC-78, was <br />filed with the City of New Brighton on January 30, 1987. <br />2. The Planning Commission, pursuant to published and mailed notices, <br />held a public hearing on February 17, 1987, and all persons present <br />at the hearing were given an opportunity to be heard. <br />3. That the application for a non-conforming use permit was reviewed by <br />the City Council on March 10, 1987, and that the comments and <br />analysis of staff and the Planning Commission minutes and <br />recommendations were considered. <br /> <br />NOW THEREFORE BE IT RESOLVED, by the City Council that the following <br />Findings of Fact are made in respect to NC-78: <br /> <br />1. The following Type IV non-conformities exist on the property: <br />A. Lack of dustless surface of driving and parking areas. <br />2. The following is a requirement of VN-167 (1977), NC-21 (1977), NC- <br />39 (1979) and Nc-59 (1983), which has not been complied with: <br />A. The application of an approved oil base to all driving and <br />parking areas for dust control. <br />3. The following are requirements of Resolution 2036 which have not <br />been complied with or need maintaining: <br />A. The provision of 3 spruce trees in each jog along 5th Avenue NW <br />and 1st Street NW; <br />B. The provision of 14 bittersweet vines along main spans of the <br />fence; and <br />C. The provision of a stockade gate at the opening in the fence <br />along 1st Street NW; <br />4. The following are site improvements proposed by the applicant in <br />conjunction with the installation of the truck weigh scale: <br />A. Re-side and re-roof or remove the building just south of the <br />entrance drive and closest to 5th Avenue NW (Building A on site <br />plan) . <br />B. Re-side and re-roof the lumber storage building just north of <br />the entrance drive; the most visible from 5th Avenue NW <br />(Building B on site plan). <br />C. Extend the existing stockade screening fence along the east <br />property line, behind the company house, to the north property <br />line. <br />5. The proposed weigh scale and weigh house must comply with State <br />statutes 219.45 through 219.53 as required by the Minnesota <br />Department of Transportation. <br />6. All soils excavated during the construction of the proposed weigh <br />scale and weigh house must remain on the subject site as required by <br />the Minnesota pollution Control Agency. <br />7. The applicant has indicated the scale would not be advertised for <br />public use. <br /> <br />BE IT FURTHER RESOLVED, that the application NC-78 is and hereby <br />approved subject to the following conditions: <br /> <br />1. The applicant meet the requirements listed under Items 2 and 3, <br />Findings of Fact, prior to a Building Permit being issued for the <br />proposed weigh scale facility. <br />2. The two buildings identified as A and B on the site plan be re-sided <br />and re-roofed or removed. <br />3. The existing stockade screening fence along the east property line <br />be extended, west of the company house, to the north property line. <br />4. The truck weigh scale is not advertised for public use. <br />