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I , ' , I, ! '! RESOLUTION No. 00-060 CITY OF NEW BRIGHTON, RESOLUTION MAKING FINDINGS OF FACT AND ApPROVAL OF VNOO-4. WHEREAS, an application by Meritide Inc. has been made for a IS-foot side yard setback variance to construct a 15 x 75 foot deck ofthe west side of the Brighton East Office Center located at the intersection of Cleveland Avenue and County Road D (708 Cleveland); and WHEREAS, the procedural history ofthe application is as follows: 1. An application for a variance was filed with the City of New Brighton on June 2, 2000. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 20th, 2000, and all persons present at the hearing were given an opportunity to be heard. The Planning Commission unanimously recommended approval (Vote: 6-0). 3. The City Council considered the proposed variance at its June 27m City Council meeting; and Now THEREFORE BE IT RESOLVED, the New Brighton City Council makes the following Findings I of Fact in respect to VNOO-4: 1. The subject site is zoned B-2, Neighborhood Business. 2. The required side yard setback from residentially zoned property is 30-feet. 3. The applicant is requesting a 15-foot side yard setback variance to construct a 15 x 75 foot deck. 4. The purpose ofthe 30-foot structure setback requirement from residential property is to provide a buffer area for screening and landscaping between residential homes and commercial property. 5. While the adjacent property is zoned R.l, Single family residential, there are no residential uses. This adjacent strip of land is part of a piece of property to the north that is utilized by apartments. This 45-foot strip of land will not be developed with residential uses, as it is required to remain vacant in order to meet the City's density requirement for apartments. 6. If the adjacent property was zoned for business uses, no variance would be required. 7. 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. 6. Strict enforcement of the City's minimum setback requirement would cause the applicant an undue hardship and would not allow the applicant to put the subject property to a reasonable use, or as the property was originally intended. 1:\SHARED\COUNCILIResolutlons\2OOO\cdlVNOO-4". wpd