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!. ~ 1l!'.. ... RESOLUTION No. 02-036 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING OF VN02-001 & LP02-002. WHEREAS, an application for a variance has been made by Donatelle Plastics, Inc. for a fifteen foot front yard parking setback exemption. WHEREAS, the procedural history of the application is as follows: 1. Donatelle Plastics, Inc. applied for a fifteen foot front yard parking setback variance in 1998. 2. In 1998, the City Council found that unique circumstances existed on the site and strict enforcement of the City's front yard parking setback requirement would cause the applicant undue hardship. 3. On January 27, 1998, the City Council approved a fifteen foot front yard setback variance for parking for the first phase of the Donatelle building (Council Resolution # 98-010). 4. An application for a variance was filed with the City of New Brighton on March 1,2002 for phase II of the Donatelle site development. S. The Planning Commission, pursuant to published and mailed notices, held a public hearing on March 19, 2002, and all persons present at the hearing were given an opportunity to be heard. 6. The Planning Commission unanimously recommended approval of the fifteen foot front yard parking variance. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to VN02-001 & LP02-002: 1. The subject site is zoned 1-2, Heavy Industrial. 2. The applicant is proposing to construct a 55,000 square foot office manufacturing facility addition with a front yard parking setback of twenty-five feet. 3. The City of New Brighton Zoning Ordinance, Section 11~020, requires a forty foot front yard parking setback. 4. The western portion of the subject site suffers from soil and groundwater contamination. S. Contamination and associated clean up, along with a railroad and a major pipeline limit the amount of buildable area. 6. Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of the City of New Brighton Zoning Ordinance, the Council shall have the power, in a specific case, to permit a variance from the provisions oftrus ordinance. The crucial points of the variance are: a. Undue hardship b. Unique circumstances c. Conformance with the Comprehensive Plan d. Variance shall not be detrimental to adjacent property or to the public as a whole. 7. For Phase I of the development, the New Brighton City Council found that the contamination of the subject site creates a unique circumstance and granted a variance in January 27, 1998. 1:\SHARED\CQUNCIL\Resolutions\2002\Comm Dev\VN02-001_Donatelle Parking Variance.doc