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<br />... <br /> <br />'" <br /> <br />\".. <br /> <br />.\ <br /> <br />I' <br />J <br />l <br />'I. . <br />~ I <br /> <br />RESOLUTION No. 98-07 5 <br /> <br />.,. <br /> <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND DENYING VARIANCE, VN-313. <br /> <br />!. WHEREAS, an application for a variance has been made by Super America. <br /> <br />WHEREAS, the procedural history ofthe application is as follows: <br /> <br />1. An application for a variance was filed with the City of New Brighton on March 28, 1997. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on April 15, 1997, and all persons present at the hearing were given an opportunity to be <br />heard. <br />3. The City Council considered VN-313 at the April 22, 1997 and July 28,1998 City Council <br />Meetings. <br /> <br />Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in <br />respectto VN-313: <br /> <br />;1 <br /> <br />I. The subject site is developed and zoned B-3, General Business. <br />2. The applicant is proposing to remove all buildings and improvements from the subject site <br />and construct a convenience store/gas station on the subject site. <br />3. The proposed parking lot maneuvering area located along the south property line, or street <br />side property line of said lot, would be located eight feet from said property line, which is <br />also the Rice Creek Road right of way line. <br />4. Section 11-020 (f) of the City's Parking Ordinance requires all parking and maneuvering <br />areas to be located 30 feet from any street side property line. The City Council, through the <br />site plan approval process, may reduce the street side yard setback to 15 feet. <br />5. The proposed parking lot maneuvering area for the subject site would encroach 22 feet into <br />the 30 foot street side yard setback area and would require a setback variance of22 feet or <br />73%. <br />6. In order for a variance to be granted from Section 11-020 (f), the City Council must first <br />find a unique circumstance pertaining to the physical characteristics of the subject site, <br />where upon, strict enforcement ofthe ordinance would cause the applicant an undue <br />hardship. In this instance, the applicant is proposing to clear the subject site of all buildings <br />and improvements. The subject site is square and nearly one acre in size, is relatively flat, <br />and contains no unusual natural features or physical characteristics. Consequently, the plight <br />of the landowner, in this case, is due to circumstances created by the landowner. <br /> <br />,! BE IT FURTHER RESOLVED, the application VN-313 is hereby denied. <br /> <br />d <br />i <br /> <br />Adopted this 28th day of July, 1998. <br /> <br />) ....... /.' ../" <br />/& .... /) fly <br />'-7 Ctrv~tJCt . .7~,-,tI---. <br />Robert Benke, Mayor <br /> <br />d <br />,I <br /> <br />ATTEST: <br /> <br />p <br /> <br />'I <br /> <br /> <br />;; /!. .,-} " /).....y~; ii' <br />i ~ I ".,.0_ <br />'I'. !"'~ . 1;-.,'__ /./..... i.... <br />Mathew Fulton, City Manager <br /> <br />'I <br /> <br />(SEAL) <br /> <br />G;\CDI-96-CCIRESOIVN.313.WPD <br />