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)i RESOLUTION NO. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING NC-93. WHEREAS, an application for NC-93 has been made by E.M. Industries to permit the construction of a 7,820 square foot addition on a site with Type IV nonconformities; and WHEREAS, the procedural history of the application is as follows: 1 . An application for a nonconforming use permit NC-93 was filed with the City of New Brighton on July 2, 1993. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on August 17, 1993, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered the application at its August 24, 1993 meeting. NOW, THEREFORE, BE IT RESOLVED the City Council makes the following Findings of Fact in respect to NC-93: 1. The following Type IV nonconformity exists on site: a. The existing building is setback 32 feet from the street sideyard property line. 2. The subject site is zoned 1-1, Light Industrial. 3. The 1-1 district requires all structures to be setback 40 feet from the street sideyard property line. 4. The existing building was approved and constructed on the subject site in 1979 with a 32 foot street sideyard setback. 5. The applicant proposes adding to an established landscape screen along the street sideyard area. 6. With the provision of the above site improvements, the applicant would have done everything practical to eliminate and reduce the existing Type IV nonconformities. BE IT FURTHER RESOLVED, the application NC-93 is hereby approved subject to the following condition: 1. Approval of and continuing compliance with LP-279 and VN-293. Adopted this 24th day of August, 1993. Robert Benke, Mayor ATTEST: Barbara Jeanetta, Acting City Manager Margaret Egan, Finance Director/City Clerk (SEAL)