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RESOLUTION NO. 10-035 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON MAKING FINDINGS OF FACT AND APPROVAL OF VARIANCES AND A ING USE PERMIT. :AS, an application for Variances and a Nonconforming Use Permit have been made to allow reconstruction of the existing detached garage at 1693 Peninsula Drive, and ,REAS, the procedural history of the application is as follows: 1. Applications for Variances and a Nonconforming Use Permit were filed with the City of New Brighton on April 30, 2010. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on May 18, 2010 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended approval of the front and side yard setback variances and nonconforming use permit on May 18, 2010. 4. The City Council considered the request on May 25, 2010. ;REAS, the Planning Commission and City Council make the following Findings of Fact with respect to VN2010-001 and NC2010-003: 1. The subject site is zoned R-1, Single Family Residential District. 2. The applicant is requesting a side yard setback variance to permit a setback of 4' when 5' is required and 3' currently exists. 3. The applicant is requesting a front yard setback variance to permit an 18' front yard setback variance when 30' is required and 8.5' currently exists. 4. The applicant is requesting a nonconforming use permit to permit the existing home's front yard setback of approximately 23' to remain. 5. 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 Code, the Council shall have the power, in a specific case, to permit variances 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 has a whole 6. The Planning Commission and City Council have determined the detached garage cannot be rebuilt without approval of a front yard setback variance due to the following: a. Constructing adequate driveway to serve the 30' setback would place the lot out of compliance with the 50% hardcover limitation.