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I' I! , I RESOLUTION No. 03-007 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING N C02 - 0 5. WHEREAS, an application has been made by 2051 Silver Lake Road Associates, LLC, for a Type 4 Nonconforming Use Permit for the existing parking lot at 2051 Silver Lake Road NW; and WHEREAS, the procedural history ofthe application is as follows: 1. An application for a nonconforming use permit was filed with the City of New Brighton on November 27,2002. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on December 17,2002 and all present were given a chance to freely speak at the hearing; 3. The Planning Commission recommended approval to the City Council; and, 4. The City Council considered the request and granted approval of the permit on January 14, 2003. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to NC02-05: 1. The subject site is zoned B-2, Neighborhood Business, and the future land use is LB, Limited Business. 2. Both the Zoning Code and Comprehensive Plan support the use existing and proposed for the site. 3. There are eleven (II) parking spaces within the front yard setback, which is a type 4 nonconformity. 4. As specified in Section 8-610 of the New Brighton Zoning Ordinance, no Type 4 Nonconforming Use Permit shall be granted unless one or more of the following conditions are met : a. The total number of non conformities is reduced. b. The impact of any nonconformities upon adjacent premises is reduced to the greatest practical extent. c. The extent of any nonconformity is reduced where practical. 5. The City Council finds the type 4 nonconforming use standards satisfied. BE IT FURTHER RESOLVED, the application N C02 -0 5 is hereby approved. 1:\SHARED\CQUNCIL\Resolutions\2003\Comm Dev\NC02-00S_20S1 Silver Lake Road.doc i!