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ii 'I ........ ,"-. . ".. ~ r~ RESOI1JTION NO. 178i7 STATE OF MI:NNESOTA COONTY OF RAMSEY CITY OF NEW BRIGH'lDN nESOliJTION MAKING FINDINGS OF FACl', and denying application for VN 161. WHERE:AS, an applic::ation for variance entitled VN l61 has been made to the City and said app1ication.h,as been processed. and reviewed by the Planning CQnmission at its rreeting on September 21, 1976, and heard and considered by the Council at a public hearing on September 26, 1976, NOil, THE:REFORE, BE 10:(' RESOLVED, that the New Brighton City Council nakes the foJ.1CMing Findings of Fact in respec:t to VN 161: FINDINGS OF FACl': 1. That an application for VN 161 was filed with the City and was hEi!ard and~yiewed by the Planning Corrmission at its rreeting on September 21, 1976; 2. That the City Council, pursuant to publi$led and mailed notices, held a public hearing on September 26, 1976, tq consi<ier the application. The applicant and other persons present at the hearing were given opportunity to be.. heard; 3. 'Ihe written ~ts .and analysis of the City Planner, the Planning Coomission Minutes and reb:mrendations and all persons' statements nadeat the public hearing were ,CG;>l,lSidered including. the ..stateIrents of the applicant and rrembers of the Counci,l. BE IT FURTHER RESOLVED that the application for VN l61 be hereby denied for the following reasons: 1. That no undue hardship shCMn by the applicant at the Planning Coomission ~ting or at the public hearing. 2. That the subject property was not shCMIl to be unique and no other unique circllIl1l:;ltances were shCMIl to be present. ~ 3. That the New Brighton Zoning Code provides for limiL:Yl=-ion of intensity of the land developmen~ by the leg;i.slatively4ete'rmined . , floor-area-rati:lo requirement. . 4. The floor...area...ratio is legislq,tively provided as a Zoning District Standard applying unifonnly to all pl:'Operties in the district, independent of use or other factors. 5. The floor-area-ratio, as legislatively proVided, detennines the ultimate parcel density and hence detennines parcel value. 6. The floor-area-ratio is by its inherent nature, as a ratio, com- pletely nondiscriminatory allowing any and all properties in a given zoning district to be 'developed in proportion to size. 7.That theUnited States Constitution pursuant to the Fourteenth AnEribrent requires that zoning administration be conducted to provide equal treat:Irent to all those similarly situated with respec:t to the law. 8. That it is a finding of the New Brighton City Council that equity Of treat.rrent of all those similarly situated acquires unifonnenforcement of floor-area-ra.tio to all parcels within a given zoning district.