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I' :. ei RESOLUTION No. 96 -066 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING VN-307. WHEREAS, an application for a variance has been made by Mark Pendergast. 'I (; WHEREAS, the procedural history of the application for a variance is as follows: 1. An application for a variance was filed with the City of New Brighton on August 2, 1996. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on August 20, 1996, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered VN-307 at it's meeting on August 27, 1996. \; Now, THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to VN-307: 1. 2. The subject property is zoned R-3A, Multiple Family Residential. The required setback for structures located in the R-3A district from an R-l district line is 50 feet. The applicant is proposing to build a 15 stalI garage on an existing apartment site in an R-3A district, five feet from the R-l district line which would require a 45 foot setback variance. The proposed garage would serve an existing apartment building which currently has no enclosed parking. The subject site is occupied with an apartment building and parking lot which was constructed prior to the existing setback standards being adopted. The intent of the 50 foot district setback requirement is to buffer permitted uses (single family homes) in the R-l district from larger structures allowed in the R-3A district such as apartment buildings. In this case the proposed structure in the R-3A district is a 10 foot high garage, and the adjacent use located in the abutting R-l district is a cemetery, Which happens to be a special use in the R-I district. The adjacent apartment sites to the north and south are developed with garage structures which are setback five feet from the aforementioned R-I district line and cemetery. The proposed garage would be 10 feet in height and built into the side of a hilI making it less visible from the adjacent R-l district. Due to existing site conditions not created by the applicant, the applicant is forced to violate the district line setback requirement in order to provide enclosed parking for the tenants of the apartment building. The proposed garage district line setback would not be visibly out of character with the existing structure on the subject site or with other structures in the immediately surrounding area. The applicant has demonstrated unique and unusual circumstances pertaining to the subject site, and strict enforcement of the district line setback requirement would cause the applicant an undue hardship. 3. I ; " 4. 5. 6. 7. Ie 8. 9. to. 11. G:ICDI-96-CCREIVN-307, WPD