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RESOLUTION No 06-084 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RE LUTION MAKING FINDINGS OF FACT AND APPROVING VN 2006-003. W REAS, an application for Variances to the required side street yard setback has been made by Matthew and Vanessa Meier to allow reconstruction of the existing attached garage, and W REAS, the procedural history ofthe application is as follows: 1. An application for Variances was filed with the City of New Brighton on June 30,2006, and 2. Upon staff review of that initial proposal a letter dated July 13, 2006 was sent to the applicants instructing them to consider a revised plan to avoid any additional variances. 3, A revised plan was submitted on July 26,2006. 4. The Planning Commission, pursuant to published and mailed notices, held a public hearing on August 15, 2006 and all present were given a chance to freely speak at the hearing. 5. The City Council considered the variance request on August 22,2006. W EREAS, the Planning Commission and Council make the following Findings of Fact in respect to VN2006-003: 1. The subject site is zoned R-l, Single Family Residential District. 2. The applicant is requesting a side street yard setback variance to permit the proposed attached garage to be setback 19.2' from Torchwood Drive at the southwest corner and 21.5' at the southeast comer where 30' is required. 3. Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of the City of New Brighton Zoning Code, the Council shall have the power, in a specific case, to permit variances from the provisions of this ordinance. The crucial points of the variance are: a. Undue hardship b. Unique circumstances c. Conformance with the Comprehensive Plan d. Variance shall not be detrimental to adjacent property or to the public has a whole 4. The existing garage cannot be rebuilt without approval of a variance to the required side street yard setback. 5. At the time the home was originally constructed the side street yard setback to Torchwood Drive was 15'.