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~ RESOLUTION No. 94-9 CITY OF NEW BRIGHTON ~ i :i '1 ,. ii :1 --'I ii '! RESOLUTION MAKING FINDINGS OF FACT AND RE'COMMENDING AND APPROVING AN APPLICATION FOR A NONCONFORMING USE PERMIT NC-97. WHEREAS, an appl-ication for a nonconforming use permit has been made by New Brighton Amoco to permit the construction of a car wash addition on a site with Type IV non conformities; and WHEREAS, the procedural history of the application is as follows: 1. An application for NC-97 was filed with the City of New Brighton on November 2, 1 994. The Planning. Commission, pursuant to published and mailed notices, held a pi:Jblic hearing on November 15, 1994, and all persons present at the hearing were given an opportunity to be heard. Ii , : 2. :1 'I : I Now THEREFORE Be IT RESOLVED, the Planning Commission makes the following Findings :i ; I of Fact in respect to NC-97: ;1 II II II ! i I 1 i I il II 1. The following Type IV nonconformities exist on the property: a. Lack ofa 25 foot setback for a driveway and off-street parking area from an R-2 district boundary line. The subject site is zoned B-3, General Business. The site adjacent to the north is zoned R-2, Two Family Residential, and is developed with townhomes. Section 5-5_80 (b) requires a 25 foot landscaped strip between a B-3 and R-2 district. The existing driveway and off-street parking area is setback 10 feet from the R-2 district boundary line. An existing privacy fence is located on the subject site and an evergreen screen is established on the property adjacent to the north. On July 27, 1993, the City Council determined the applicant had reduced the nonconformity to the greatest extent practical. 2. 3. 4. 5. 6. I ! ! II II BE IT FURTHER RESOLVED, the application NC-97 is hereby recommended for approva-I, I subject to the following condition: I I I I I 7. 1. Approval of lP-296. Adopted this 15th day of November, 1994. Larry Baker, Chair Erny Mattila, City Planner