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i • <br /> • <br /> RESOLUTION No. <br /> • ' CITY OF NEW BRIGHTON <br /> RESOLUTION MAKING FINDINGS OF FACT AND DENIAL OF VN-321. <br /> WHEREAS,an application for a variance has been made by AA Cooper Transportation for a thirty <br /> (30)foot side street yard setback variance to Section 11-020(f) of the Zoning Ordinance which requires <br /> a forty(40)foot side street yard setback for parking and drive-aisles within the I-1, Light Industrial <br /> Zoning District; and <br /> WHEREAS,the procedural history of the application is as follows: <br /> 1. An application for a variance was filed with the City of New Brighton on January 26, 1999. <br /> 2. The Planning Commission,pursuant to published and mailed notices,held a public hearing <br /> on February 16, 1999,and all persons present at the hearing were given an opportunity to be <br /> heard. The Planning Commission considered the variance and unanimously recommended <br /> denial due to the fact that is no hardship,and granting a variance would set a precedent for <br /> • similar uses within the I-1,Light Industrial zoning district. (Vote: 5-0) <br /> 3. On February 23, 1999,the City Council considered the proposed variance; and <br /> Now THEREFORE BE IT RESOLVED,the City Council makes the following Findings of Fact in <br /> respect to VN-321: <br /> 1. The subject site is zoned I-1,Light Industrial. <br /> 2. The applicant is proposing a ten(10)foot side street yard setback variance to expand the <br /> paved surface of the parking/loading area to increase the on-site maneuvering area for <br /> trucks. <br /> 3. The City of New Brighton Zoning Ordinance, Section 11-020(f),restricts the minimum side <br /> street yard setback for drive aisles and parking areas in Industrial Zoning districts to not less <br /> than forty(40)feet. This setback may be reduced to twenty(20)feet by Special Use Permit. <br /> 4. Where there are practical difficulties or unusual hardships in the way of carrying out the <br /> strict letter of the provisions of the City of New Brighton Zoning Ordinance, the Council <br /> shall have the power, in a specific case, to permit a variance from the provisions of this <br /> ordinance. The crucial points of the variance are: <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 <br /> whole. <br /> 5. In this instance there is no hardship that would be brought upon the applicant if the variance <br /> was denied, and reasonable use of the property will remain. The applicant would still have <br /> the ability to operate the trucking terminal in the same manner as it has operated for the <br /> manyyears that this site has been in existence as a truck terminal. <br /> 6. The granting of this variance may set a precedent for granting variances for other properties <br /> zoned I-1,that may wish to extend their parking areas closer to the street, and decrease the <br /> green space for the purpose of more maneuverability on their site. <br /> li <br /> I. <br /> L\SHARE=0UNCILIRESOLUTR1999L99-CDWN321 D_WPD <br /> !I <br />