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<br />.. <br /> <br />~~ <br /> <br />"':? <br /> <br />RESOLUTION NO. 87-~ <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING VN-260 (GENERALLY LOCATED <br />SOUTH OF 10TH STREET NW, EAST OF 9TH AVENUE NW, AND WEST OF 8TH AVENUE NW). <br /> <br />WHEREAS, an application for a variance has been made by CBA Residential <br />Development Ltd.; and <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. An application for a variance was filed with the City of New <br />Brighton on October 2, 1987. <br /> <br />2. The Planning Commission, pursuant to published and mailed notices, <br />held a public hearing on October 20, 1987, and all persons present <br />at the hearing were given an opportunity to be heard. <br /> <br />3. An application for variance VN-260 was reviewed by the City Council <br />on October 27, 1987. <br /> <br />NOW THEREFORE BE IT RESOLVED, the City Council makes the following <br />Findings of Fact in respect to VN-260: <br /> <br />1. The property is zoned R-3B, Multiple Family Residential. <br />2. The required front yard and street sideyard building setback <br />requirement in the R-3B district is 30 feet. <br />3. The applicant is requesting a 5 foot setback variance for proposed <br />Lots 1, 2, 3 and 4 to construct two townhouse buildings and a two <br />family home 25 feet from the 9th Avenue NW and 8th Avenue NW right- <br />of-way lines. <br />4. Due to the irregular shape of the subject site, pockets of poor <br />soils, and several large drainage easements and sanitary sewer <br />easement, an undue hardship and unique circumstance is created. <br />5. The 40 foot drainage easement located along the east portion of <br />proposed Lots 1 and 2 cause the proposed two family home to encroach <br />5 feet into the 30 foot front yard setback area along 9th Avenue NW. <br />6. The 12 foot wide sanitary sewer easement which is located between <br />proposed Lots 3 and 4 causes the two townhouse buildings to encroach <br />5 feet into the 30 foot street sideyard setback area along 9th <br />Avenue NW and 8th Avenue NW. <br />7. The existing home to the south along the west side of 8th Avenue NW <br />is setback 27 feet from the 8th Avenue right-Of-way. <br />8. The curve linear aesign of 9th Avenue NW causes the decreased setback <br />for the proposed two family home and townhouse building to be less <br />intrusive and noticeable. <br /> <br />BE IT FURTHER RESOLVED, the application for VN-260 is hereby approved <br />conditioned on: <br /> <br />1. Approval of LP-218 and PL-164. <br /> <br />Adopted this 27th day of October, 1987. <br /> <br />R~~ <br /> <br />ATTEST: <br /> <br /> <br />\ <br /> <br />, \\\'\t{GO(lA\// <br />Margaret ~gan, <br />: Finance Director/City Clerk <br /> <br />Henry <br /> <br />(SEAL) <br />