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~ ~ RESOLUTION NO. 87- STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR NON- CONFORMING USE PERMIT NC-78. WHEREAS, an application for a non-conforming use permit, NC-78, has been made by MacGillis & Gibbs Company to permit the construction of a truck weigh scale on a site with Type IV non-conformities. WHEREAS, the procedural history of the application is as follows: 1. That an application for a non-conforming use permit, NC-78, was filed with the City of New Brighton on January 30, 1987. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on February 17, 1987, and all persons present at the hearing were given an opportunity to be heard. 3, That the application for a non-conforming use permit was reviewed by the City Council on March 10, 1987, and that the comments and analysis of staff and the Planning Commission minutes and recommendations were considered. NOW THEREFORE BE IT RESOLVED, by the city Council that the fOllowing Findings of Fact are made in respect to NC-78: 1, The following Type IV non-conformities exist on the property: A. Lack of dustless surface of driving and parking areas. 2. The following is a requirement of VN-167 (1977), NC-21 (1977), NC- 39 (1979) and NC-59 (1983), which has not been complied with: A. The application of an approved oil base to all driving and parking areas for dust control, 3. The following are requirements of Resolution 2036 which 'have not been complied with or need maintaining: A. The provision of 3 spruce trees in each jog along 5th Avenue NW and 1st Street NW; B. The provision of 14 bittersweet vines along main spans of the fence; and C. The provision of a stockade gate at the opening in the fence along 1st Street NW; 4. The following are site improvements proposed by the applicant in conjunction with the installation of the truck weigh scale: A. Re-side and re-roof or remove the bUilding just south of the entrance drive and closest to 5th Avenue NW (Building A on site plan). B. Re-side and re-roof the lumber storage building just north of the entrance drive; the most visible from 5th Avenue NW (Building B on site plan). C. Extend the existing stockade screening fence along the east property line, behind the company house, to the north property line, 5, The proposed weigh scale and weigh house must comply with State Statutes 219.45 through 219.53 as required by the Minnesota Department of Transportation. 6. All soils excavated durinq the construction of the proposed weigh scale and weigh house mus~ remain on the subject site as required by the Minnesota Pollution Control Agency. 7. The applicant has indicated the scale would not be advertised for public use. BE IT FURTHER RESOLVED, that the application NC-78 is and hereby approved subject to the following conditions: 1. The applicant meet the requirements listed under Items 2 and 3, Findings of Fact, prior to a Building Permit being issued for the proposed weigh scale facility. 2, The two buildings identified as A and B on the site plan be re-sided and re-roofed or removed, ), The existing stockade screening fence along'the east property line be extended, west of the company house, to the north property line. 4. The truck weigh scale is not advertised for public use.