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RESOLUTION PLANNING COMMISSION CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A SITE PLAN, VARIANCE,AND NONCONFORMING USE PERMIT. WHEREAS, an application has been made by Brandon Sigrist on behalf of Barley John's Brewpub to permit construction of a 520 square foot solar electric array at 781 Old Highway 8 SW. WHEREAS,the procedural history of the application is as follows: 1. Applications for a Site Plan, Variance, and Nonconforming Use Permit were received on September 29, 2011. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on October 18, 2011 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended conditional approval of the Site Plan, Variance, and Nonconforming Use Permit on October 18, 2011. WHEREAS,the Planning Commission makes the following Findings of Fact with respect to the Site Plan(LP2011-007), Variance (VN2011-001), and Nonconforming Use Permit(NC2011-003): 1. The property is zoned B —3, General Business. 2. The property is guided in the Comprehensive Plan for Community Business. 3. The applicant is proposing to construct a 520 SF solar electric array at the north end of the property. 4. The Planning Commission considered the Site Plan in accordance with the B — 3 district standards of Section 5-250 and the parking standards of Chapter 11 of the Zoning Code. 5. The Planning Commission found all applicable Site Plan standards to be met with regard to setbacks, floor are ratio, building height, fence height/location, and landscaping. The exception is the proposed array setbacks, where a variance was considered. 6. A Variance was requested to allow the proposed solar electric array to be setback less than the required 30' on all sides. 7. The Planning Commission considered the proposed Variance in accordance with Zoning Code Section 8-210, which refers to Minnesota Statutes 462.357, subdivision 6. 8. The Planning Commission considered the proposed variance, specifically regarding the following crucial points of Minnesota Statues 462.357, subdivision 6: a. Practical difficulties b. Reasonable use c. Applying to property d. Character of the locality e. Consistency with the Comprehensive Plan 9. The Planning Commission found the proposal to meet the requirements of Sections 8-210 due to the following: a. The parcel is triangularly-shaped. b. The parcel lies within an island surrounded entirely by roadways. c. When the restrictive setbacks are imposed much of the property is rendered unbuildable. I:\COMMISSIONS\PLANNING\Reports\2011\10-18-2011\LP2011-007,VN2011-001,NC2011-003(Barley Johns)-RESOLUTION.doc 1