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RESOLUTION NO. 87- STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING NC-83. WHEREAS, an application for a nonconforming use permit has been made by Crown CoCo, Inc. - E-Z stop; and WHEREAS, the procedural history of the application is as follows: 1. An application for nonconforming use permit was filed with the City of New Brighton on October 30, 1987. 2. The Planning COllUnisl:ion pursuant to publ.ished and mailed notices, held a public hearing on November 17, 1987, and all persons present at the hearing were given an opportunity to be heard. 3. The application for a nonconforming use permit was reviewed by the City Council on November 22, 1987. NOW THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to NC-83: 1. The existing site Type IV nonconformities include the following: a. More than permitted two curb cuts. b. curb cuts less than 50 feet from a street intersection. c. Lack of concrete curbing. d. Lack of landscaped buffer area between the site and adjacent R-1 zoned properties. e. Lack of designated on-site parking. f. Less than required 30 foot rearyard building setback. g. Less than required front yard parking setback. h. Lack of front yard landscaping. 2. The applicant has proposed to address the existing Type IV nonconformities by doing the following: a. Eliminating the western most curb cut on 6th Street. b. Removing the phone booth from the boulevard. c. Installing concrete curbing around all parking and drive areas. d. Providing a 6 foot high cedar privacy fence and a landscaped area along the west property line. e. Providing designated on-site employee and patron parking, with one handicapped stall. f. Increasing the front yard parking and drive setback and providing landscaping in the front yard setback. g. Combining the present price sign on the same pole as the main logo sign. h. Working with the adjacent single family homeowners on construction of a fence in the rearyard of the site to prevent access to E-Z stop from the alley. 3. The existing Type IV nonconformities have been reduced to the extent practical and that the impact of the Type IV nonconformities on adjacent properties have been reduced to the extent possible. BE IT FURTHER RESOLVED, the application for NC-83 is hereby approved subject to the following conditions: 1. Approval of LP-221. Adopted this 24th day of November, 1987. Robert Benke, Mayor ATTEST: Henry Sinda, City Manager Margaret ,Egan, Finance Director/City Clerk (SEAL)