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Page 2 of 3 <br /> <br />WHEREAS, the Planning Commission held a public hearing on the request at the October 15th <br />meeting and considered input from residents; and <br /> <br />WHEREAS, the Planning Commission recommended approval of the request on October 15th <br />based on the applicant’s submittals and findings of fact; and <br /> <br />WHEREAS, the City Council considered on October 22nd, 2019, the recommendations of the <br />Planning Commission, Staff, the Applicant's submissions, the contents of the staff report, and other <br />evidence available to the Council. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Brighton <br />hereby approves the requested nonconforming use variance based on the following findings of fact: <br />1. The subject property is guided for residential use by the comprehensive plan, and the existing <br />home predates current zoning standards having been built in 1952. <br />2. The subject property is zoned R-1, Single Family Residence District, which requires a 30- <br />foot setback from adjacent rights-of-way. <br />3. Original construction of the home placed the structure approximately 12-feet within the <br />required setback. <br />4. Original construction of the home resulted in the structure being slightly skewed in relation <br />to the right-of-way such that the home and ROW are not parallel. <br />5. But for the location of the existing home within the front yard setback, the proposed addition <br />would be conforming to all zoning standards. <br />6. The proposed improvement is in harmony with the comprehensive plan as it will enhance the <br />building and will not impact surrounding properties. <br />7. The request is reasonable as it will not intentionally expand the existing nonconformity <br />towards the adjacent right-of-way. <br />8. The landowner was not responsible for the initial construction of the home within the <br />setback, nor was he responsible for the home not being built parallel with the roadway as <br />intended. <br />9. The proposed improvements will not have a negative impact on the essential character of the <br />locality. <br /> <br />BE IT FURTHER RESOLVED, that approval of the variance shall be subject to the following <br />conditions: <br />1. The applicant shall locate all private utility service lines prior to construction. <br />2. The applicant shall obtain all necessary permits and approvals from the City and other <br />applicable entities with jurisdiction prior to any construction. <br />3. The variance shall expire if a building permit is not applied for within one year from the date <br />of resolution.