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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- conformities: a. Concrete curbing was installed; b. Southern driveway 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 ya~d land- scaping strip was installed. EXISTING TYPE IV NON-CONFORMITIES 1. More than 2 driveways; 2. Lack of required front yard landscaping; 3. Lack of required 251 buffer strip on the side yard which is across the street from an R-l district; and 4. Oiiveway less than 50 feet from ti~ht-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 a non-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. Th,e im'pact of any non-conformity upon adjacent premises is reduced'to the greatest practical extent; and 3. The extent of any non-conformity is reduced where practical. DEVELOPMENT PROPOSED BY THE APPLICANT TO ADDRESS THE NON-CONFORMITIES The applicant has indicated 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 landscaped areas approved in lS76 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 landscape areas and that any alteration of the front yard would again affect the service island. The firm contends that the three driveways are vital to internal traffic flow and control. To staff1s 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 IIpracticalll. For example, applicants have not been able to address the non-conformity of building setback because the only way that the non-conformity could be addressed is by requiring the building be moved.