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<br />I <br />t · <br />~ I <br />, I <br /> <br />RESOLUTION NO. 1771 <br /> <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION STATING COUNCIL POSITION REGARDING GRANTING OF <br />VARIANCES TO THE FLOOR AREA RATIO ESTABLISHED IN THE ZONING CODE <br /> <br /> <br />WHEREAS it is the purpose of zoning to protect the health, <br />safety and general welfare, and <br /> <br />WHEREAS the New Brighton Zoning Code provides for <br />limitation of the intensity of land development by a legislativel~r <br />detennined floor area ratio requirement~ and <br /> <br />WHEREAS the floor area ratio is legislatively provided as <br />a Zoning District standard applying unifonnly to all property in <br />the district, independent of use or other factors, and <br /> <br />WHEREAS the floor area ratio as legislatively provided <br />detennines ultimate parcel development and hence detennines <br />parcel value, and i <br />, <br />I <br />WHEREAS the floor area ratio is, by its inherent nature I <br />as a ratio" completely nondiscriminatory allowing any and all I <br />property in a given Zoning District to be developed in proportion: <br />to its size, and : <br /> <br />WHEREAS the United States Constitution, via the fifth and <br />fourteenth amendments, requires that zoning administration be <br />conducted to provide equal treatment to all those similarly <br />situated with respect to the law, and prohibits the taking of <br />land for governmental purpose without just compensation, and <br /> <br />WHEREAS the first principle of American Government is that <br />all men stand equal before the law <br /> <br />NOW THEREFORE BE IT RESOLVED by the Council of the City of i <br />New Brighton that it is a findirtg of the New Brighton City Council <br />that circumstances pertinent to the applicant do not form just <br />reason for granting variance to the floor area ratio, and <br /> <br />That it is a finding of the New Brighton City Council that <br />circumstances of the property such as size or shape do not form <br />just reason for granting variance to the floor area ratio, and <br /> <br />, <br /> <br />That it is a finding of the New Brighton City Council that ! <br />circumstances interior or exterior to the property which would <br />tend to mitigate non-conformance with the floor area ratio do <br />not fonn just reason for granting variance to the floor area <br />ratio, unless they are legislatively acknowledged and applied <br />uniformly to all others similarly situated, and ; <br /> <br />That it is a finding of the New Brighton City Council that <br />equity of treatment of all those similarly situated requires : <br />uniform enforcement of the floor area ratio for all parcels <br />within a given district. <br />I <br />r <br />\ <br /> <br />i <br />i <br />