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Page 2 of 2 <br /> <br />WHEREAS, the Planning Commission recommended denial of the requested variance on August <br />18, 2020, and recommended findings of fact; and <br />WHEREAS, the City Council considered on August 25th, 2020, 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 />NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Brighton <br />hereby denies the requested 15-foot variance from the required 15-foot side yard setback based on <br />the following findings of fact: <br />1. Allowing a new improvement within the entirety of a required setback absent special <br />circumstances is not in line with the intent of the zoning code. <br />2. As zoning is intended to implement the vision of the Comprehensive Plan, not following <br />zoning provisions, as requested by this application, is in conflict with the Comprehensive <br />Plan. <br />3. Seeking to build within the entirety of a required setback when other viable alternatives exist <br />for a proposed improvement is not a reasonable request. <br />4. The plight of the landowner, a desire to build within a required setback, is created by the <br />landowner. <br />5. There are no unique circumstances to support allowing an active patio area within 10 to 20 <br />feet of an anticipated future roadway. <br />ADOPTED this 25th day of August, 2020 by the New Brighton City Council with a vote of __ ayes <br />and __ nays. <br /> <br /> <br /> ______________________________ <br /> Valerie Johnson, Mayor <br /> <br /> <br /> ______________________________ <br /> Devin Massopust, City Manager <br />ATTEST: <br /> <br /> <br /> ___________________________________ <br />Terri Spangrud, City Clerk