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<br />RESOLUTION No. 96 <br /> <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING NC-l 04, <br /> <br />WHEREAS, an application for a nonconforming use permit has been made by Robert Osterbauer. <br /> <br />WHEREAS, the procedural history of the applicationfor anohconforming use permit is as follows: <br />1. An application for a nonconforming use permit was filed with the City of New Brighton <br />on August 30, 1996. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public <br />hearing on September 17, 1996, and all persons present at the hearing were given an <br />opportunity to be heard. <br />3. The City Council Considered NC-I04 at it's meeting on September 24, 1996. <br /> <br />Now, THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in <br />respect to NC-l 04: <br /> <br />II <br />Ii <br />f! <br />I <br />L <br />Ii <br /> <br />il <br />II <br />I. <br />Ii <br />,I <br />,i <br />.' <br />!: <br />1/ <br />I <br />II <br /> <br />I. The subject site is zoned R-3A, Multiple Family Residential. <br />2. The following Type IV nonconformities exist on the subject site: <br />a. The existing parking lot does not have concrete curbing; <br />b. Lack of enclosed parking stalls; <br />c. The existing apartment building is only setback 10 feet from the rear property line <br />(A 30 foot setback is required); <br />d. The existing dumpster is not enclosed. <br />e. The existing parking lot encroaches onto adjacent property in two locations; and <br />f. The subject site is void of any shrubs, trees, or other landscaping. <br />3. The applicant proposes to reduce the number of non conformities on the subject site by <br />making the following improvements: <br />a, Provide 13 enclosed parking stalls; <br />b. Enclose the existing dumpster; <br />c. The applicant's Attorney has obtained parking and driveway easement rights for the <br />two locations where the existing parking lot encroaches onto adjacent property; and <br />d. The provision of new landscaping on the subject site would upgrade said site to <br />meet with current landscaping expectations for new construction. <br />4. The applicant has reduced the number of Type IV nonconformities on the subject site to <br />the greatest practical extent <br /> <br />BE IT FURTHER RESOLVED, the application NC-I 04 is hereby approved, subject to the following <br />condition: <br /> <br />I. Approval of LP-318. <br /> <br />Adopted this 24th day of September, 1996. <br /> <br />Char Samuelson, Acting Mayor <br /> <br />Matthew S, Fulton, City Manager <br /> <br />Margaret A. Egan, City Clerk <br /> <br />l:\COMMOEVICDI-96-CCRE\NC-104.WPO <br />