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~ ' RESOLUTION No. 99-089 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDiNGS OF FACT AND ApPROVAL OF VN-325. WHEREAS, an application for a 1.13 front yard setback variance has been made by Keith & Kristine Tussing to construct an 11 x 3.79 foot entry way on the front of their home located at 2046 Mississippi Circle; and WHEREAS, the procedural history of the application is as follows: 1. An application for a variance was filed with the City of New Brighton on September 2, 1999. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on September 21, 1999, and all persons present at the hearing were given an opportunity to be heard. 3. On September 28, 1999, the City Council considered the application; and Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to VN-32S: 1. The subject site is zoned R-1, Single Family Residential. 2. The applicant is requesting a 1.13 foot front yard setback variance for the purpose of constructing an 11 x3. 79 foot entry way on the front of the home. The required front yard setback for structures within the R.} district is 30.feet. 3. The existing home contains a very small entry way with very little storage space. 4. The proposed setback of 28.87 feet would generally be in character with the adjacent properties to the north and south. 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 of this ordinance. The crucial points of the variance are: a. Undue hardship b. Unique circumstances c. Confonnance with the Comprehensive Plan d. Variance shall not be detrimental to adjacent property or to the public as a whole. 6. The hardship is caused by the existing location of the home which is set 32 feet back from the front property line making it impossible to construct an entry way into the home without the need for a variance. 7. An entry way onto a home is a reasonable use of property, and if the City were to deny the request, that reasonable use would be denied, therefore, a hardship would be brought upon the applicant should the variance be denied. ; BE IT FURTHER RESOLVED, the application VN-32S is hereby approved. ; ; . i nSHARED\COUNCll\RESOlurl\1999\99-CO\VN-325A.WPD