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, RESOLUTION NO. 95- STATE OF MIJ\'1\'ESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR A NONCONFORMING USE PERMIT NC-99. WHEREAS, an application for a nonconfonning use penn it has been made by New Brighton Amoco to pennit the construction of a car wash addition on a site with Type IV nonconfonnities; and WHEREAS, the procedural history of the application is as follows: I. An application for NC-99 was filed with the City of New Brighton on April 28, 1995. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on May 16, 1995, and all persons present at the hearing were given an opportunity to be heard, 3, On May 23,1995, the City Council considered NC-99, Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to : I. The following Type IV nonconfonnities exist on the property: a, Lack of a 25 foot setback for a driveway and off-street parking area from an R-2 District boundary line. 2. The subject site is zoned B-3, General Business. 3, The site adjacent to the north is zoned R-2, Two Family Residential, and is developed with townhomes, 4. Section 5-580 (b) requires a 25-foot landscaped strip between a B-3 and R-2 district. 5. The existing driveway and off-street parking area is setback 10 feet from the R-2 district boundary line, 6, An existing privacy fence is located on the subject site and an evergreen screen is established on the property adjacent to the north, 7. On November 22, 1994, the City Council detennined the applicant had reduced the nonconfonnity to the greatest practical extent. BE IT FURTHER RESOLVED, the application NC-99 is hereby approved, subject to the following condition: I, Approval of LP-302, Adopted this 23rd day of May, 1995, ATTEST: Robert Benke, Mayor ATTEST: Matthew S, Fulton, City Manager Margaret Egan, Finance Director/City Clerk (Seal) 1:\COMMDEVlCO\CCRESIERNY\5-NC-99.WPD