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NC-45, LP-I02 Page 2 , . Under NC-32 the applicant did the following in regard to the existing non-conformities: 1. Removedfvont yard parking along Old Highway #8 and land- scaped the area; , 2. Reduced the number of side street yard parking along 5th Street NW to 5 Spaces and provided some landscaping; 3. Concrete curbing required was installed; 4. One driveway along Old Highway #8 was closed and the remaining driveway along Old Highway #8 WaS moved to the south to be 341 from the intersection of the street right- of-way. At the time of the approval of NC-32, the appli~ant made substantial improvements in light of the small enclosure of the loading dock area requested. EXISTING TYPE IV NON-CONFORMITIES 1. Less' than 40 J front yard setback; 2. Less than 151 side interior yard setback; 3. Less than required side street yard landscaping; 4. Side street yard parking; 5. Parking within 15' of a street right-of-way; 6. Driveway along Old Highway #8 is located less than 50' from the intersection of the street right-of-way. WARRANTS FOR GRANTING NON-CONFORMI~G 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. The impact 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 EXISTING NON- CONFORMITIES The applicant's proposal does, not address the existing Tyep IV non- conformities. Items number 1 and 2 would require the moving of the existing building which cannot be considered practical. Items #3 through #6 were addressed under NC-32 and the site work was completed in 1979. The applicant feels that it is no~ practical at this time to remove concrete curbing, parking areas' aQd relocate a driveway just installed in 1979.