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", I .:" .\ IIIIV.. " - :1 RESOLUTION NoOO-033 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT DENYING VNOO-2. WHEREAS, an application for a 4.11 foot front yard setback variance has been made by Leo & Rebecca Brabeck to construct a 12 x 17 foot bedroom addition on the front of their home located at 711 9th Avenue NW; and WHEREAS, the procedural history ofthe application is as follows: I. An application for a variance was filed with the City of New Brighton on March 27,2000. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on April 27, 2000, and all persons present at the hearing were given an opportunity to be heard. The Planning Commission unanimously recommended denial ofthe variance request (Vote 6-0); and 3. The City Council considered the variance request at its April 25th meeting. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to VNOO-2: 1. The subject site is zoned R-l, Single Family Residential. 2. The applicant is requesting a 4.11 foot front yard setback variance for the purpose of constructing a 12 x 17 foot bedroom addition on the front of the home. The required front yard setback for structures within the R-l district is 30-feet. 3. The existing home contains three bedrooms and the applicant has three children, two of which share a 10 x 10 foot bedroom, which is not large enough for the two. The applicant's do not wish to expand in the back yard due to the small back yard that is used as a play/recreation area for the children. 4. The proposed setback of25.89 feet would slightly "stick out" when compared to other homes in the area, however, would generally be in character with the neighborhood. 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 Ordinance, the Council shall have the power, in a specific case, to penn it a variance from the provisions ofthis 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. There is no hardship associated with the request. If the application for the variance were denied the applicant would not be denied reasonable use of the property. 7. The subject property is not unique in that most of the homes in this neighborhood, and throughout New Brighton, were constructed at or very close to the required 30-foot setback. 8. Tfthe City approved the variance it would set a precedent for similar requests for encroachments into the required 30-foot front yard setback requirement for the R-1, Single Family Residential zoning district. 1:\SHARED\COUNCIL\Resolutions\2000\cd\VNQO..2d, wpd