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1 .~ .,. RESOLUTION NO. 97-081 CITY OF NEW BRIGHTON ! RESOLUTION MAKING FINDINGS OF FACT AND APPROVING VN-316. WHEREAS, an application for a variance has been made by the Salem Baptist Church for a six foot height exemption. " 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 October 31, 1997. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on November 18, 1997, and all persons present at the hearing were given an opportunity to be heard. 3. On November 25, 1997, the City Council considered VN-316. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to VN-316: 1. 2. 3. 4. 5. 6. ; " il The subject site is zoned R-l, Single Family Residential The applicant is proposing to construct a 23,890 square foot addition that exceeds the height restriction for the R-l, Single Family Residential district. The City of New Brighton Zoning Ordinance, Section 4-040, restricts the height of structures in a district zoned R-l, Single Family Residential, to not more than thirty feet (30) in height. The existing building is thirty-nine (39) feet in height. Construction plans for the existing building were approved on January 12th, 1965. There were no recorded height variances granted at that time. The proposed addition is thirty-six (36) feet in height and would exceed the height restrictions by six (6) feet. 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 permit a variance from the provisions of this ordinance. The crucial points of the variance are: a. Undue hardship b. Unique circumstances c. Conformance with the Comprehensive Plan d. Variance shall not be detrimental to adjacent property or to the public as a whole. 7. Due to the topography of the subject site and the height of the existing building, the strict letter of the provisions of the City of New Brighton Zoning Ordinance would not allow the applicant to construct an addition to the existing building with a matching roof line. The requested variance would confonn to the Comprehensive Plan and would not be detrimental to adjacent property owners or the public as a whole. BE IT FURTHER RESOLVED, the application VN-316 is hereby approved subject to the following conditions. 1. Approval of and continuing compliance with LP-335 and SP-203. :! i i Adopted this 25th day of November, 1997. : ~ rk ~ ~.~ . ,.,' , Robert Benke a or ~~~ ~ I Seal G:ICDI-97 -CCIRESOIVN-31S.WPO