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I " 'I II .. " I: I' I, ~ T I 1 .. I RESOLUTION No. 99-060 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF F ACT AND ApPROVAL OF VN-324. WHEREAS, an application for a variance has been made by Randall and Linda Rein for a 26.5 foot front yard street setback variance to construct a 26 x 22 foot detached garage at 575 2nd Avenue; and WHEREAS, the procedural history of the application is as follows: I. An application for a special use permit was filed with the City of New Brighton on May 28, 1999. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 15, 1999, and all persons present at the hearing were given an opportunity to be heard. 3. On June 22, 1999, the City Council considered the application; and NoW THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to VN-324: :: I. The subject site is zoned R-IA, Single Family Residential. 2. The applicant is requesting a 26.5 foot front yard setback variance for the purpose of constructing a detached 26 x 22 foot garage. The required front yard setback for structures within the R-IA district is 30-feet. 3. The existing home contains a one (1) stall attached garage. The applicants own three (3) cars and a boat, therefore, desire additional storage space. 4. The home to the south contains a detached garage with a I O-foot front yard setback and the home to the north contains a detached garage with a 20- foot front yard setback. 5. The subject property contains a 2S-foot green space boulevard between the property line and the paved surface of I st Avenue. A typical residential home in New Brighton contains a 10- 15 foot boulevard. 6. There are only two homes located on this portion of 1st Avenue NW. 7. An alternative setback of7-feet would be in character with the adjacent properties to the north and south. 8. If the garage were set just 3.5 feet back as proposed, a car that is parked in the driveway would actually be parked within the road right-of-way. 9. 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 of this ordinance. The crucial points of the variance are: a. Undue hardship b. Unique circumstances c. Confonnance with the Comprehensive Plan d. Variance shall not be detrimental to adjacent property or to the public as a whole. 10. Because of the subject property is located on two public streets requiring thirty foot structure setbacks and the shape of the pie shape shaped, there is not adequate room on the site to construct a detached garage. Additionally, there are overhead power line located in the rear 1:ISHAREDlCOUNCILIRESOLUTI11999199-CDlVN-324,WPD