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RESOLUTION NO. 07-112 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEw BRIGHTON MAKING FINDINGS OF FACT AND APPROVING A VARIANCE AND NONCONFORMING USE 1HE , s, an application has been made Cory and Sheila Paulson to permit construction of a front entry dition within the required 30' front yard setback and construction of a rear yard deck where he existing home is setback 20' from the front property line at 1325 Pike Lake Court, and 1HE s, the procedural history of the application is as follows: 1. A lications for a Variance and Nonconforming Use Permit were received on September 16, 2 7. 2. TO Planning Commission, pursuant to published and mailed notices, held a public hearing o October 16, 2007 and all present were given a chance to freely speak at the hearing. 3. Thf Planning Commission recommended approval on October 16, 2007. 4. T10 City Council considered the request on October 23, 2007. ?IIF,RiE s, the Planning Commission and City Council makes the following Findings of Fact with respe to the Variance (VN2007-003) and Nonconforming Use Permit (NC2007-004): 1. T property is zoned R-1, Single Family Residential. 2. T property is guided in the Comprehensive Plan for Low Density Residential. 3. T property is legally described as follows: Lot 1, Block 2, PIKE LAKE NORTH 3 , according to the plat of record thereof, Ramsey County, Minnesota 4. Tl o applicant has proposed to construct a front entry addition at a front yard setback of 29' w , re 30' is normally required. 5. T Planning Commission and City Council considered the proposed Variance in accordance wilh the standards noted in Zoning Code Section 8-230. 6. -fliat Planning Commission and City Council determined that there exists practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions o . e Zoning Code based upon the following: a. 1 The location of the front entry addition is based solely on the location of the existing home, b. ; The location of the home is driven by the proximity of the lake and soil conditions, which I are circumstances unique to the property and not created by the applicant, and c.a 1 The addition lies within the existing roof overhang and will be setback 29' from the front ' ; lot line and 9' farther away from the road than the existing northwest corner of the home. d 7. T Planning Commission and City Council considered the proposed Nonconforming Use P it in accordance with Zoning Code Section 8-460, which identified Type 4 \REPORTS\2007\Community Development\10-23-2007\VN2007-003, NC2007-004 (Paulson) - R) SOLUTION.doc 9