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'. LP-99, NC-44 Page #2 3. The approved site plan for LP-25 and NC-5 did the following in regard to the aforementioned non- confornri ti es : a. Concrete curbing was installed. b. .Southerndriveway along Silver Lake Road was closed; . c. An eighteen (18) foot front yard landscaping strip was installed; and ' d. A fifteen (15) foot side"street yard 1and- scapingCstrip was installed. EXISTING TYPE IV NON-CONFORMITIES, 1. More than 2 driveways;,. 2. Lack of required front yard landscapi,ng; 3. Lack of required 251 buffer strip on the side yard which is acro~s the street from an R-1 district; and ' 4. Driveway less than 50 feet ffom right-of-way of a street intersection. WARRANTS FOR GRANTING NON-CONFORMING USE PERMIT Section 3-60-of the'New Brighton Zoning Code states that before anon-conforming'use'permit can be granted one, or more of the following conditions must ,be met ,by the application: 1. The total number of non~conformities is reduced; 2. The imp~ctof any non~conformity :upon adjacent premises is reduced to the'greatest practical -- extent; and ' 3. The extent of any non-conf6rmity, is reduced 'where practical. , ' DEVELOPMENT PROPOSED BY THE APPLICANT TO ADDRESS:THE NON~CONFORMITIES The applicant has i,ndicated that the company feels that everything practical in regard to the non~conformities was done by the firm in 1976. The firm installed concrete curbing along the three driveways and the 1 andscaped areas approvedi n1976- and constructed-- one continuous service island. It was noted by the firm that it would not be practical at this time to remove the curbing to alter the landscap.e areas and that any alteration of the front yard would again affect the service island. The firm contends tha~ the three driveways are vital to'internal traffic flow and control. To staff's knowledge there have been only a very limited number of non-conforming use applications in which the applicant was not required to address the Type IV non-conformities. The important word in this section is "practical". For example, applicants have not been able to address the non-cqnformity of building setback because the only way that the non-conformity could be addressed is by requiring the building be moved.