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<br />-' <br /> <br />. <br />i <br />I <br /> <br />'. <br /> <br />.. <br /> <br />RESOLUTION No. 94 - 94 <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND ApPROVING VN-298 (GENERALLY LOCATED ON THE <br />CORNER SOUTH OF 10TH STREET NW AND EAST OF 9TH AVENUE NW). <br /> <br />Whereas, an application for a variance has been made by Long Lake Family Dentistry; and <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. An application for a special use pennit was filed with the City of New Brighton on July 1, <br />1994. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on <br />July 19, 1994, and all persons present at the hearing were given an opportunity to be heard. <br />3. The City Council considered VN-298 at its August 9, 1994, meeting. <br /> <br />Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in <br />respect to VN-298: <br /> <br />1. The subject site is zoned R-3B, Multiple Family Residential, and is proposed to be rezoned to <br />B-1, Limited Business. <br />2. The required frontyard setback for off-street parking areas in a B-1 district is 30 feet. <br />3. The frontyard area for the proposed development would be located along 9th Avenue NW. <br />4. The proposed development would setback the required 19 parking stall area a distance of 15 <br />feet from the 9th Avenue NW right-of-way. Although only 10 of the 19 parking stalls are to <br />be construction now with 9 additional stalls required through a Proof of Parking agreement, a <br />15 foot setback variance for the full layout of the 19 stall parking lot is being required at this <br />time. <br />S. Due to the irregular shape of the site coupled with limited buildable/parking area due to <br />required setbacks from 10th Street NW, 9th Avenue NW, and the bordering R -1 district, and <br />the presence of a large drainage easement on site, a unique circumstance and undue hardship <br />is created. <br />6. In 1987, the City Council granted a 5 foot setback variance for the townhouses and two- <br />family home proposed for the subject site based on the odd configuration of the site and large <br />drainage easement on the site. <br />7. The curvelinear design of 9th Avenue NW would serve to soften the impact of the decreased <br />setback for the proposed off-street parking area. <br /> <br />BE IT FURTHER RESOLVED, the application SP-183 is hereby approved conditioned on: <br /> <br />1. Approval of LP-291 and R-139. <br /> <br />Adopted this 9th day of August, 1994. <br /> <br />A T'FEST: <br /> <br />M~ <br /> <br />Finance Director/City Clerk <br /> <br />R~ <br />:1~~~er <br /> <br />(SEAL) <br />
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