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• October 7, 1976 <br />TO: The Honorable Mayor and Members of the New Brighton Council <br />FROM: Gene Fisher <br />SUBJECT: Zoning Variances & Council Resolution ##17.71 <br />Gentlemen: <br />It seems that there was some confusion in regard to Resolution No. 1771. <br />The purpose of this memo is to clarify the intent of that resolution <br />and to indicate future requests I will place before the City Council <br />regarding zoning variance policy. <br />As you all know, the New Brighton Zoning Code contains two basic <br />types of regulations: <br />1. Regulations indicating limits as to how much land use <br />is allowed. I will call these Primary Zoning Regulations. <br />2. Regulations indicating how the land use is to be allowed. <br />I will call these Secondary Zoning Regulations. <br />The primary zoning regulations include the floor area ratio, the <br />green area requirement per apartment unit, etc. Generally speaking <br />the primary zoning regulations depend on how many acres of land the <br />applicant owns or how many living units he can legally construct, or <br />has. <br />The secondary zoning regulations include setbacks, buffering requirements, <br />etc. Generally speaking the secondary zoning regulations depend on how <br />the particular property is situated with respect to the street or adjoining <br />property. To some extent the secondary zoning requirements also tend <br />to determine how much land use is to be allowed. This topic will become <br />an area of intensive discussion as we proceed. <br />My first endeavor is to seek a series of policy positions regarding <br />variance to the primary zoning requirements. (The discussion of <br />Resolution No. 1771 will serve as an example.) Primary zoning <br />requiremmnts are in fact a legislative statement as to the fair share <br />of land use allowed. They directly determine land values. This is <br />particularly true on commercial and industrial property where value is <br />determined, to a large extent, by the ability of property to produce <br />cash flow. <br />