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I <br /> <br /> <br /> <br /> RESOLUTION NO. 07068 <br /> STATE OF MINNESOTA <br /> COUNTY OF RAMSEY <br /> CITY OF NEw BRIGHTON <br /> RE OLUTION MAILING FINDINGS OF FACT AND APPROVING VARIANCE 2007-002. <br /> WI I REAS, an application for a Variance to the required side street yard setback has been <br /> made by Jason & Shelly Petermann to allow reconstruction of an existing deck at <br /> the property located at 239 19th Avenue SW, and <br /> W11 REAS, the procedural history of the application is as follows: <br /> 1. An application for Variances was filed with the City of New Brighton on May <br /> 29, 2007, and <br /> 2. The Planning Commission, pursuant to published and mailed notices, held a <br /> public hearing on June 19, 2007 and all present were given a chance to freely <br /> speak at the hearing. <br /> 3. The City Council considered the request on June 25, 2007 <br /> <br /> W "REAS, the Planning Commission and City Council make the following Findings of <br /> Fact with respect to VN2007-002: <br /> 1. The subject property is located at 239 16t" Avenue SW and legally described <br /> as follows: <br /> Lot 2, Block 1, OADKWOOD ESTATES FIRST ADDITION, Ramsey <br /> County, Minnesota. <br /> 2. The subject site is zoned R-1, Single Family Residential District. <br /> 3. The applicant is requesting a side street yard setback variance to permit the <br /> proposed deck to be setback 11.5' from 3`d Terrace SW where 30' is normally <br /> required. <br /> 4. Where there are practical difficulties or unusual hardships in the way of <br /> carrying out the strict letter of the provisions of the City of New Brighton <br /> Zoning Code, the Council shall have the power, in a specific case, to permit <br /> variances from the provisions of this ordinance. The crucial points of the <br /> variance are: <br /> a. Undue hardship <br /> b. Unique circumstances <br /> c. Conformance with the Comprehensive Plan <br /> d. Variance shall not be detrimental to adjacent property or to the public <br /> has a whole <br /> 5. The existing deck cannot be rebuilt without approval of a variance to the <br /> required side street yard setback. <br /> 6. The applicants have proposed to reduce the amount of deck within the setback <br /> in an effort to better comply with the intent of the Zoning Ordinance and <br /> Comprehensive Plan. <br /> 7. At the time the home was originally constructed the side street yard setback to <br /> 3`d Street SW was 15 feet. <br /> 8. The Planning Commission and City Council find all requirements of Section <br /> 8-230 are met.