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. J RESOLUTION NO. 88- STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT APPROVING NC-84. WHEREAS, an application for a nonconforming use permit has been made by Micom; 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 January 26, 1988. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on February 16, 1988, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council reviewed nonconforming use permit request NC-84 on February 23, 1988. NOW THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to NC-84: 1. The existing site Type IV nonconformities include the following: a. Less than 40 ' front yard setback. b. Less than required side street yard landscaping. c. Side street yard parking. d. Parking within 15' of a street right-of-way. e. Less than required side interior yard setback. f. Driveway along 8th Avenue NW is located less than 50 feet from the intersection of the street right- of-way. 2. The applicant has proposed to reduce the existing Type IV nonconformities by combining the existing property with the adjacent property to the south, thus eliminating the less than required interior, side yard setback. 3. The applicant has done everything practical in the past to address the nonconformities. 4. Consideration of the nonconformities at a future date could be warranted if such a nonconforming use permit is requested in the future. BE IT FURTHER RESOLVED, the application for NC-84 is hereby approved subject to approval of LP-225. Adopted this 23rd day of February, 1988. Robert Benke, Mayor ATTEST: Henry Sinda, City Manager Margaret Egan, Finance Director/City Clerk (SEAL)