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~ ~ ~ \ RESOLUTION No. 99-015 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND DENIAL OF VN-321. WHEREAS, an application for a variance has been made by AA Cooper Transportation for a thirty (30) foot side street yard setback variance to Section 11~020 (f) of the Zoning Ordinance which requires a forty (40) foot side street yard setback for parking and drive-aisles within the I -I, Light Industrial Zoning District; and WHEREAS, the procedural history of the application is as follows: 1. An application for a variance was filed with the City of New Brighton on January 26, 1999. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on February 16, 1999, and all persons present at the hearing were given an opportunity to be heard. The Planning Commission considered the variance and unanimously recommended denial due to the fact that is no hardship, and granting a variance would set a precedent for similar uses within the 1-1, Light Industrialzoning district. (Vote: 5-0) 3. On February 23, 1999, the City Council considered the proposed variance; and Now nIEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to VN-321: 1. The subject site is zoned I-I, Light Industrial. 2. The applicant is proposing a ten (10) foot side street yard setback variance to expand the paved surface of the parking/loading area to increase the on-site maneuvering area for trucks. 3. The City of New Brighton Zoning Ordinance, Section 11-020 (f), restricts the minimum side street yard setback for drive aisles and parking areas in Industrial Zoning districts to not less than forty (40) feet. This setback may be reduced to twenty (20) feet by Special Use Permit. 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. In this instance there is no hardship that would be brought upon the applicant if the variance was denied, and reasonable use of the property will remain. The applicant would still have the ability to operate the trucking terminal in the same manner as it has operated for the many years that this site has been in existence as a truck terminal. 6. The granting ofthis variance may set a precedent for granting variances for other properties zoned I-I, that may wish to extend their parking areas closer to the street, and decrease the green space for the purpose of more maneuverability on their site. 1:\SHAREDICOUNCILIRESOLUTnl999199-CDIVN-321 D. WPD