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<br />, , <br />, , <br /> <br />~ <br /> <br />~, <br /> <br />'j <br /> <br /> <br />, , <br />. , <br />: I <br /> <br />RESOLUTION No. 01-043 <br />CITY OF NEW BRIGHTON <br /> <br />i <br />i 1 <br />RlESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING ApPROVAL OF VN 01-01. <br /> <br />I. <br />, ' <br /> <br />WHEREAS, an application by James Boryczka has been made for a 8-foot front yard setback variance to <br />q~nstruct a single family home at 745 4th Avenue NW; and <br />, ' <br />I <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. An application for a variance was filed with the City of New Brighton on April 20, 2001. i <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on May! <br />15,2001, and all persons present at the hearing were given an opportunity to be heard. ' <br />3. The Planning Commission voted unanimously to grant the variance (6-0) <br /> <br />~w THEREFORE BE IT RESOL YED, the Planning Commission makes the following Findings of Fact in respect <br />t~ VNOI-01: <br /> <br />The subject site is zoned R-IA; <br />The required front yard setback from residentially zoned property is 30-feet <br />The applicant is requesting a 8-foot front yard setback variance to construct a new single family <br />home. <br />Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter <br />of the provisions of the City of New Brighton Zoning Ordinance, the Council shall have the power, in! <br />I <br />a specific case, to permit a variance from the provisions of this ordinance. The crucial points of the <br />variance are: <br /> <br />, " 1. <br /> 2. <br /> 3. <br /> 4. <br /> I <br /> <br />i I <br /> <br />a. Undue hardship <br />b. Unique circumstances <br />c. Conformance with the Comprehensive Plan <br />d. Variance shall not be detrimental to adjacent property or to the public as a whole. <br /> <br />I <br />5. Strict enforcement of the City's minimum setback requirement would cause the applicant an undue I <br />hardship and would not allow the applicant to put the subject property to a reasonable use, or as i <br />the property was originally intended. <br />6. The City Council has found the variance criteria to be satisfied. <br /> <br />B~ IT FURTHER RESOL YED, the application VN 01-0 I is hereby recommended for approval subject to the <br />~llowing conditions: <br /> <br />I. a silt fence is constructed and maintained during construction <br />2. a demolition permit is applied for <br />3. a building permit is applied for within 30 days of final demolition <br />4. Special care is taken to protect the root systems of existing pines during construction. <br /> <br />1:ISHAREDlCQUNCILIResolutions\2001IComm. DevlVN01-01, WIld <br />