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".....'''-' .-"" ,., '" ... oJ' RESOLUTION NO 2329 STATE OF MINNESOTA COUNTY OF RM~SEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR NON-CONFORMING USE PERMIT, NC-44 WHEREAS, An application for a non-conforming use permit entitled NC-44 has been made by Superamerica Inc. to permit the construction of an addition on a site with existing Type IV non-conformities, and WHEREAS, The procedural history of the application is as follows: 1. That an application for non-conforming use permit, NC-44 was filed with the City of New Brighton on April 2, 1980. 2. That such application was reviewed by the New Brighton Planning Commission Board of Review on April 15, 1980. 3. That the City Council, pursuant to published and mailed notices, held a public hearing on May 13, 1980, all persons's present at the hearing were given an opportunity to be heard. 4. The written comments and analysis of the City staff, the Planning Commission minutes and recommendations were considered. NOW THEREFORE BE IT RESOLVED, That the New Brighton City Council makes the following Findings of Fact in respect to Nc-44: 1. That the site has the followinu existing Type IV non-conformities: a. More than 2 driveways (Section 12-060-c.); b. Lack of required front yard landscaping Section 12-030-b); c. Lack of buffer zone across the street (Rice Creek Road) from an R-l District (Section 10-110 c); and d. Driveway less than 50 feet from street right-of- way intersection (Section 12-060 c). 2. That the applicant does not intend to eliminate totally the existing non-conformities because the general operation of the business imposes restrictions on total compliance with the zoning code; 3. That the applicant under Nc-9 did the following in regard with this permit: a. Installed concrete curbing; b. Closed the southern driveway on Silver Lake Road; and c. Installed a 18 foot front yard landscape area and a 15 foot side street yard landscape area.