2020.08.18 Planning Commission - Laserfiche WebLink

Home Browse Search

Page 2 of 3 WHEREAS, on August 18, 2020, the Planning Commission recommended denial of the requested variance to build a patio, but recommended approval of a variance, at the request of the applicant, to authorize construction of a sidewalk from the cafeteria door to a conforming patio location to the east of the building based on recommended findings of fact and subject to suggested conditions; and WHEREAS, the City Council considered on August 25th, 2020, the recommendations of the Planning Commission, Staff, the Applicant's submissions, the contents of the staff report, and other evidence available to the Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Brighton hereby denies the requested 15-foot side yard setback variance for construction of a patio, but approves a xx-foot variance from the required 15-foot side yard setback for construction of a sidewalk based on the following findings of fact: Patio Variance Denial Findings: 1. Allowing a new improvement within the entirety of a required setback absent special circumstances is not in line with the intent of the zoning code. 2. As zoning is intended to implement the vision of the Comprehensive Plan, not following zoning provisions, as requested by this application, is in conflict with the Comprehensive Plan. 3. Seeking to build within the entirety of a required setback when other viable alternatives exist for a proposed improvement is not a reasonable request. 4. The plight of the landowner, a desire to build within a required setback, is created by the landowner. 5. There are no unique circumstances to support allowing an active patio area within 10 to 20 feet of an anticipated active roadway. Sidewalk Variance Approval Findings: 1. Providing access to an access door on the side of a building via a sidewalk with no permanent structures is in line with the intent of the zoning code and comp plan. 2. Requesting a sidewalk to connect a conforming employee patio area to an interior lunchroom space is a reasonable request. 3. The applicant was not responsible for the building being built up against the required setback thereby necessitating a variance for a simple sidewalk. 4. A sidewalk to the utility door will not impact the character of the area. 5. The sidewalk is being sought to access a conforming patio area to the east of the building, and is not solely intended to improve the value of the property.