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I t j RESOLUTION N0096 -064 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING VN-306. WHEREAS, an application for a variance has been made by Curtis Bostrom. WHEREAS, the procedural history ofthe application for a variance is as follows: I. 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-306 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-306: '; 1:\ , 7. .:: 8. 9. 1. 2. The subject property is zoned R-3A, Multiple Family Residential. The required front yard setback in the R-3A district is 30 feet, and structures located in the R-3A district are required to be setback 50 feet from an R-I district line. The applicant is proposing to build a garage 10 feet from the 8th Street NW right of way which would require a 20 foot setback variance, and five feet from the R-I district line which would require a 45 foot setback variance. 3. Front Yard Setback 4. The subject site is occupied with an apartment building which was constructed prior to the existing setback standards being adopted, and is currently setback 10 feet from the 8th Street NW right of way. 5. District Line Setback An active railroad right of way and track separates the subject site and proposed garage from the residential property in the adjacent R-I district. The intent of the 50 foot district setback requirement is to buffer single family homes located in the R-I 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 15 foot high garage which resembles many ofthe detached garages located in the back yards of the homes located in the adjacent R-I district. 6. Front Yard and District Line Setback~ The proposed garage would serve an existing apartment building which currently has no enclosed parking. Due to existing site conditions not created by the applicant, the applicant is forced to violate the front yard and district line setback requirements in order to provide enclosed parking for the tenants of the apartment building. The proposed garage location and design would not be visibly out of character with the existing structure on the subject site or with other structures in the surrounding area. G:ICDI.96-CCREIVN-306.WPD ~-