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RESOLUTION No. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR A NONCONFORMING USE PERMIT NC-98. WHEREAS, an application for a nonconforming use permit has been made by Tom Thumb Food Markets, Inc. to permit the construction of a gas pump canopy on a site with Type IV nonconformities; and WHEREAS, the procedural history of the application is as follows: 1. An application for NC-98 was filed with the City of New Brighton on December 29, 1994. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on January 17, 1995, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered NC-98 on January 24, 1995. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to NC-98: 1. ; " 2. 3. '4. 5. 6. The following Type IV nonconformities exist on the property: a. lack of a 30 foot frontyard setback and a 5 foot rearyard setback for the existing off-street parking and maneuvering area. The subject site is zoned B-2, Neighborhood Business. Section 11-020 (f) of the City's Parking Standards requires all off-street parking and maneuvering areas in the B-2 district have a 30 foot front yard setback and a 5 foot rearyard setback. The subject front property line is irregular and jogs 25 feet closer to the south causing the existing parking lot to have setbacks as much as 30 feet on the east and as little as 5 feet on the west. The applicant is proposing to landscape the right-of-way area adjacent to the 5 foot setback to create the appearance of a consistently landscaped boulevard with no visible deviation in the front yard setback. The existing maneuvering area behind the building abuts the rear property line, however. the applicant is not proposing to setback the maneuvering area 5 feet from the property line in order to allow for adequate access behind the building for delivery trucks and dumpster pickup. 7. The applicant has reduced the impact of the nonconformities to the grel;ltest extent practical. BE IT FURTHER RESOLVED, the application NC-98 is hereby approved, subject to the following condition: 1. Approval and continuing compliance with lP-298, VN-300, and SP-185. Adopted this 24th day of January, 1995. ATTEST: Robert Benke, Mayor Matthew S. Fulton, City Manager Margaret Egan, Finance Director/City Clerk (SEAL)