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<br />t <br /> <br />~..,.. <br /> <br />': <br /> <br />". <br /> <br />RESOLUTION No. 98-050 <br />CITY OF NEW BRIGHTON <br /> <br />i RESOLUTION MAKING FINDINGS OF F ACT DENYING VN-318. <br /> <br />WHEREAS, an application for a variance has been made by Howard Hermann for a twenty-five <br />(25) foot setback variance for a canopy. <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. An application for a variance was filed with the City of New Brighton on March 25, 1998. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on Apri I 21, 1998, and all persons present at the hearing were given an opportunity to be <br />heard. <br />3. On April 28th, 1998, the City Council considered VN-318. <br /> <br />Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in <br />respect to VN-318: <br /> <br />ii <br /> <br />I. The subject site is zoned B-3, General Business. <br />2. The applicant is proposing to construct a 26 x 50 foot canopy to be set five (5) feet back <br />from the front property line. <br />3. The City of New Brighton Zoning Ordinance, Section 5-250, restricts the setback of a <br />canopy within the B-3 District to not more than thirty feet (30). <br />4. The City of New Brighton Zoning Ordinance, Section 5-250 further allows a canopy <br />setback up to ten (10) feet by special use permit. <br />5. The proposed canopy exceeds the setback restriction by twenty five (25) feet. <br />6. Where there are practical difficulties or unusual hardships in the way of carrying out the <br />strict letter of the provisions of the City of New Brighton Zoning Ordinance, the Council <br />shall have the power, in a specific case, to permit a variance from the provisions of this <br />ordinance. The crucial points of the variance are: <br />a. Undue hardship <br />b. Unique circumstances <br />c. Conformance with the Comprehensive Plan <br />d. Variance shall not be detrimental to adjacent property or to the public as a <br />whole. <br />7. In this instance there is not an undue hardship or a unique circumstance to justify a variance. <br />The strict letter ofthe provisions of the City of New Brighton Zoning Ordinance would not <br />prevent the applicant from constructing a canopy on the site with a ten (10) foot setback <br />~--~?t to approval of a special use permit. Therefore, reasonable use of the property is not <br />. - presented by a denial ofthe request. <br /> <br />BE ITFURT'.t:{ER-RESOL VED, the application VN-318 is hereby denied. <br /> <br />, <br />" <br /> <br />.; Adopted this1"8th day of April, 1998. <br /> <br />7&'~~_. <br /> <br />Robert Benke, . ayor <br /> <br /> <br />~ft-. <br /> <br />. thew Fulton, City Manager <br /> <br />G:ICDI-98-CCIRESOIVN-318. WPD <br />