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<br />LP-99, NC-44 <br />Page #2 <br /> <br />e <br /> <br />3. The approved site plan for LP-25 and NC-5 did the <br />following in regard to the aforementioned non- <br />conformities: <br />a. Concrete curbing was installed. <br />b. Southern driveway along Silver Lake Road <br />was closed; : <br />c. An eighteen (.18) foot front yard landscaping <br />strip was installed; and ' <br />d. A fifteen (15) foot side"street yard land- <br />scaping'strip was installed. <br /> <br />EXISTING TYPE IV NON-CONFORMITIES <br /> <br />1. More than 2 driveways;, <br />2. Lack of required front yard landscaping; <br />3. Lack of required 251 buffer strip ~n the side <br />yard which is acro~sthe street from an R-1 <br />district; and <br />4. Driveway less than 50 f~et f~om right-of-way <br />of a street intersection. <br /> <br />WARRANTS FOR GRANTING NON-CONFORMING ,USE PERMIT <br /> <br />e <br /> <br />Section 3-60,-of the'New Brighton Zoning Code states that before <br />a non-conforming'use'permit can,be granted one. or more of the <br />following conditions must be met ,by the application: <br /> <br />1. The total number of non~conformities is reduced; <br />2. The impact of any non~conformityupon adjacent <br />premises is,reducedto the'greatest practical <br />, extent ;an d <br />3. The extent of any non-conf6rmitj is reduced where <br />practical. <br /> <br />DEVELOPMENT PROPOSED BY THE APPLICANT TO ADDRESS:THE NON~CONFORMITIES <br /> <br />e <br /> <br />The applicant has indicated that the company feels that everything <br />practical in regard to the non~conformities was done by the firm <br />in 1976. The firm installed concrete curbing along the three <br />driveways and the landscaped areas approvedi n . 1 976--ifna constructed <br />one continuous service'island. It was noted by the'firm that it <br />would not be practical at this time to remnve the curbing to alter <br />the land~cap~ areas and that any alteration of the front yard <br />would again affect the service'island. The firm contends that <br />the three driveways are vital to internal traffi~f10w and control. <br /> <br />To staff.s knowledge there have been only a very limited number <br />of non-conforming use applications in which the applicant was not <br />required to address the Type IV non-conformities. The important <br />word in this section is "practical". For example, applicants have <br />not been able to addre~s the non-conformity of building setback <br />because the only way that ~he non-cnnfnrmity could be addressed <br />is by requiring the building be moved. <br />