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<br />RESOLUTION No. 96-12 <br /> <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF 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 application for a nonconforming 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 /> <br />Now, THEREFORE BE IT RESOLVED, the Planning Commission makes the following Findings of Fact <br />in respect to NC-l 04: <br /> <br />I <br />II <br /> <br />1, 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-l 04 is hereby recommended for approval, subject to <br />the following condition: <br /> <br />1. Approval of LP-318. <br /> <br />Adopted this 17th day of September, 1996. <br /> <br />Larry Baker, Chair <br /> <br />Erny Mattila, City Planner <br /> <br />G:\CD\-96-PCIPC-RESINC-104.WPD <br />