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<br />,.. <br /> <br />'", <br /> <br />RESOLUTION NO <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION <br />FOR NON-CONFORMING USE PERMIT, NC~44 <br /> <br />> <br />~ <br />I <br />t <br /> <br />j <br />f <br />i <br />~ <br />I <br />l <br />, <br /> <br />WHEREAS, An application for a non~conforming use permit <br />entitled NC-44 has been made by Superamerica Inc. to permit <br />the construction of an addition on a site with existing Type <br />,IV non-conformities, and <br /> <br />WHEREAS, The procedural history of the application is as <br />follows: <br /> <br />I <br />1 <br /> <br /> <br />1. That an application for non-conforming use permit, <br />NC-44 was filed with the City of New Brighton on <br />April 2, 1980. <br /> <br />2.' That such application was reviewed by the New <br />Brighton Planning Commission Board of Review on <br />April 15, 1980. <br /> <br />3. That the City C6uncil, pursuant to published arrd <br />mailed notices,' held a public hearing on May 13, <br />1980, all persons's present,atthe hearing were <br />given an opportunity to be heard. ' <br /> <br />4 The written comments and analysis of the City staff, <br />the Planning Commission minutes and recommendations <br />were considered. <br /> <br /> <br /> <br />NOW THEREFORE BE IT RESOLVED, That the New Brighton City <br />uncilmakes the following Findings of Fact in respect to, <br />NC-44 : <br /> <br />I <br />t <br />f <br />i <br />I <br />i <br /> <br />..}~, <br /> <br />,1. That the site has the following existing Type IV <br />non-cnnformities:, <br />a. More__thanu2__driveways (Sect-ion 12.,.060-.c.); <br />b. Lack of required front yard,landscaping <br />Section 12-030-b); <br />c. Lack of buffer zone across the street (Rice Creek <br />Road) from an R-l District (Section 10-110 c); and <br />d. Driveway ,less than 50 feet from street right-of- <br />way intersection (Section 12-060 c). <br /> <br />2. ; That the applicant does not intend to eliminate <br />totally the existing non-conformities because the <br />general operation of the business imposes <br />restrictions on total compliance with the zoning <br />code; <br /> <br />3. That the applicant under NC-9 did the following i,n <br />regard with this permit: <br />a. Installed concrete curbing; <br />b. Closed the southern driveway on Silver Lake Road; <br />and <br />c. Installed a 18 foot front yard landscape area and <br />a 15 foot side street yard landscape area. <br /> <br />J <br />J <br />