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RESOLUTION NO. 13 -067 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON MAKING FINDINGS OF FACT AND APPROVING A VARIANCE AND NONCONFORMING USE 7HEIXAS, an application has been made by the property owner, Frank Ulwelling, to permit construction of an 18' x 20' addition and associated deck where existing and proposed setbacks to 7 ST NW and 2 "d AVE NW are less than required by code at 706 2 "d AVE NW. 7HEIXAS, the procedural history of the application is as follows: 1, pplications for a Variance and Nonconforming Use Permit were received on August 2, 2013. 2. e Planning Commission, pursuant to published and mailed notices, held a public hearing on August 20, 2013 and all present were given a chance to freely speak at the hearing. Planning Commission recommended approval on August 20, 2013. 4. T e City Council considered the request on August 27, 2013. 1HE As, the Planning Commission and City Council make the following Findings of Fact with resp t to the Variance (VN2013 -001) and Nonconforming Use Permit (NC2013 -004): 1. e property is zoned R -lA, Single Family Residential. 2. e property is guided in the Comprehensive Plan for Low Density Residential. 3. e property is legally described as follows: is 14 and 15, Block 5, Second Addition to New Brighton, Ramsey County, Minnesota 4. e applicant is proposing to construct an 18' x 20' addition between the existing home and toxisting detached garage, including a 10' wide deck running the entire length of the north i d e of the home and addition. 5. A Variance is required as the proposed addition and deck do not meet the required front and i le street setback. The addition would be setback 5' -6' from the side street of 7" ST NW d the deck would be setback 20' from the front of 2nd AVE NW, when 30' is normally Mquired. 6. Nonconforming Use Permit is required as the existing home and garage have setbacks less an required by code. 7. ie Planning Commission and City Council considered the proposed Variance in accordance th the following Variance criteria outlined in Minnesota Statutes 462.357, Subd. 6: �l. Practical difficulties 1). Reasonable use c. Applying to property d. Character of the locality e. Consistency with comprehensive plan 8. The Planning Commission and City Council determined the Variance criteria are met based jp the following: [:1Cot CIL \REPORTS\2013 \Community Development \8 -27- 2013 \VN2013 -001, NC2013 -004 (Ulwelling) - RESOLUTION.doe 1