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RESOLUTION PLANNING COMMISSION CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A VARIANCE AND NONCONFORMING USE PERMIT. WHEREAS, 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 7th ST NW and 2nd AVE NW are less than required by code at 706 2nd AVE NW. WHEREAS,the procedural history of the application is as follows: 1. Applications for a Variance and Nonconforming Use Permit were received on August 2, 2013. 2. The 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. 3. The Planning Commission recommended approval on August 20, 2013. WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the Variance (VN2013-001) and Nonconforming Use Permit (NC2013-004): 1. The property is zoned R-1A, Single Family Residential. 2. The property is guided in the Comprehensive Plan for Low Density Residential. 3. The property is legally described as follows: Lots 14 and 15, Block 5, Second Addition to New Brighton, Ramsey County, Minnesota 4. The applicant is proposing to construct an 18' x 20' addition between the existing home and existing detached garage, including a 10' wide deck running the entire length of the north side of the home and addition. 5. A Variance is required as the proposed addition and deck do not meet the required front and side street setback. The addition would be setback 5'-6' from the side street of 7th ST NW and the deck would be setback 20' from the front of 2nd AVE NW, when 30' is normally required. 6. A Nonconforming Use Permit is required as the existing home and garage have setbacks less than required by code. 7. The Planning Commission considered the proposed Variance in accordance with the following Variance criteria outlined in Minnesota Statutes 462.357, Subd. 6: a. Practical difficulties b. Reasonable use c. Applying to property • d. Character of the locality e. Consistency with comprehensive plan 8. The Planning Commission determined the Variance criteria are met based on the following: a. The total proposed square footage of 840 SF is reasonable with regard to livability. b. No expansion of the home can be achieved within setback because the entire home lies within the 30' side street setback to 7th ST NW. I:\COMMISSIONS\PLANNING\Reports\2013\8-20-2013\vN2013-001,NC2013-004(Ulwelling)-RESOLUTION.doc 1