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<br />Ii <br /> <br />,J <br /> <br />1/ <br />Ii <br />11 <br />i! <br />'Ii RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICA nON FOR A NONCONFORMING <br />USE PERMIT NC-105. <br /> <br />RESOLUTION No. 96- <br /> <br />CITY OF NEW BRIGHTON <br /> <br />WHEREAS, an application for a nonconforming use permit has been made by New Brighton <br />Amoco to permit enclosing a patio area for retail use on a site with Type IV non conformities; and <br /> <br />I <br />Ii WHEREAS, the procedural history of the application is as follows: <br />ii <br />IIi 1. An application for NC-l 05 was filed with the City of New Brighton on August 30,1996. <br />I 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />I on September 17, 1996, and all persons present at the hearing were given an opportunity to <br />'I be heard. <br />I, 3. The City Council considered NC-105 at it's meeting on September 24, 1996. <br /> <br />II Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in <br />II respect to NC-105: <br /> <br />! I I. The following Type IV nonconformiti~s exist on the property: . <br />I'! a. Lack of a 25 foot setback for a drIveway and off-street parkIng area from an R - 2 <br />I District boundary line. <br />II 2. The subject site is zoned B-3, General Business. <br />! 3. The site adjacent to the north is zoned R-2, Two Family Residential, and is developed with <br />i! townhomes. <br />Ii; 4. Section 5-580 (b) requires a 25-foot landscaped strip between a B-3 and R-2 district. <br />5. The existing driveway and off-street parking area is setback 10 feet from the R-2 district <br />1 boundary line. <br />i I 6. An existing privacy fence is located on the subject site and an evergreen screen is <br />I' established on the property adjacent to the north. <br />Ii 7. On November 22, 1994, the City Council determined the applicant had reduced the <br />:: nonconformity to the greatest practical extent. <br />:! <br />II <br />l,' I,' BE IT FURTHER RESOLVED, the ~pplication NC-I 05 is hereby approved, subject to the following <br />I' condition: <br />II <br /> <br />I. Approval of LP-3l9. <br /> <br />!] <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-CcRBNc-105,WPO <br />