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,~; ~ ""~~','".,;..~ - -,....' '..' '.rl!\:_~~:," '.'-., ..' NC-45, LP-102 Page 2 Under NC-32 the applicanfdld"the following in regard to the existing non-conformities: 1. Removedfpont 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 cl~sed and the remaining driveway along Old HighW~y #8 was maved to the south to be 34' from the intersection Of the street right- of-way. At the time of the approval of NC-32, the applicant made substantial improvements in light of the small enclosure of the loading dock area requested. EXISTING TYPE IV NON-CONFORMITIES 1. Less than 40' front yard setback; 2. Less than 15' side i nteri or ya rd setback; 3. Less than required side street yard landscaping; 4. Side street yard parking; 5. Parking within 15' of a street right-af-way; 6. Driveway along Old Highway #8 is located less than 50' from the inters~ction 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 not practical at this time to remove concrete curbing, parking areas and relocate a driveway just installed in 1979.