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. t, RESOLUTION No. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING VN-298 (GENERALLY LOCATED ON THE , , CORNER SOUTH OF 10TH STREET NW AND EAST OF 9TH AVENUE NW) . Whereas, an application for a variance has been made by Long Lake Family Dentistry; and WHEREAS, the procedural history of the application is as follows: 1. An application for a special use permit was filed with the City of New Brighton on July 1, 1994. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on July 19, 1994, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered VN-298 at its August 9, 1994, meeting. j: Now THEREFORE BE IT REsOLVED, the City Council makes the following Findings of Fact in . , respect to VN-298: 1. ; 2, , 3. ; i 4. " The subject site is zoned R-3B, Multiple Family Residential, and is proposed to be rezoned to B-1, Limited Business. The required frontyard setback for off-street parking areas in a B-1 district is 30 feet. The frontyard area for the proposed development would be located along 9th Avenue NW. The proposed development would setback the required 19 parking stall area a distance of 15 feet from the 9th Avenue NW right-of-way~ Although only 10 of the 19 parking stalls are to be construction now with 9 additional stalls required through a Proof of Parking agreement, a 15 foot setback variance for the full layout of the 19 stall parking lot is being required at this time. 5, Due to the irregular shape of the site coupled with limited buildable/parking area due to required setbacks from 10th Street NW, 9th Avenue NW, and the bordering R-l district, and the presence of a large drainage easement on site, a unique circumstance and undue hardship is created. 6. In 1987, the City Council granted a 5 foot setback variance for the townhouses and two- family home proposed for the subject site based on the odd configuration of the site and large drainage easement on the site. 7. The curvelinear design of 9th Avenue NW would serve to soften the impact of the decreased setback for the proposed off-street parking area. :1 BE IT FURTHER RESOLVED, the application SP-183 is hereby approved conditioned on: 1. Approval of LP-291 and R-139. Adopted this 9th day of August, 1994. Robert Benke, Mayor ATTEST: Matthew S. Fulton, City Manager Margaret Egan, Finance Director/City Clerk (SEAL)