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to i" (t RESOLUTION No. 99-041 CITY OF NEW BRIGHTON ~ ,RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF VN-323. WHEREAS, an application for a variance has been made by Super America for an eighteen (18) foot side street yard setback variance to Section 11-020 of the Zoning Ordinance which requires a thirty (40) foot side street yard setback for parking and drive.aisles within the B-3, General Business District; 'and WHEREAS, the procedural history of the application is as follows: 1. The Planning Commission, pursuant to published and mailed notices, held a public hearing on April 15, 1997, and all persons present at the hearing were given an opportunity to be heard. 2. On April 22, 1997 Super America requested the City Council to continue consideration of their application to the May 13, 1997 City Council meeting. On May 6, 1997 representatives ofthe Super America Group, including Super America's legal counsel, met with City staff and two members of the City Council. At said meeting Super America agreed to extend the 60 day rule. 3. On July 28, 1998, the City Council denied the variance request. 4. Super America has revised the plans and are now requesting consideration of the revised plans. 5. On April 20, 1999, the Planning Commission considered the variance and recommended approval (Vote: 3-2). . Now nIEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in :respect to VN.323: I. The subject site is zoned B-3, General Business. 2. The applicant is requesting an eighteen (18) foot side street yard green space setback variance to construct a new convenience gasoline station. 3. The City of New Brighton Zoning Ordinance, Section 11.020, restricts the minimum side street yard setback for green space within the B-3, General Business Zoning districts to not less than thirty (30) feet. 4. 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. Conformance with the Comprehensive Plan d. Variance shall not be detrimental to adjacent property or to the public as a whole. S. Because of the subject property is located on two public streets requiring thirty foot parking and drive-aisle setbacks, there is not adequate room on the site to construct a building, canopy and provide adequate drive aisles. 6. A hardship would be brought upon the applicant should the variance be denied. /:ISHAREDICOUNCILlRESOLUTI\1999199-CDIVN-323A WPD