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ReSOLUTION No. 95-2 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF VARIANCE, VN-300, AS MODIFIED. WHEREAS, an application for a variance has been made by Tom Thumb Food Markets, Inc. ; i i I " il I :1 il II II Now THEREFORE BE IT RESOLVED, the Planning Commission makes the following Findings II of Fact in respect to VN-300: II II I I I I I I I I. I i I I I L q II II !l !I Ii 'I :, I WHEREAS, the procedural history of the application is as follows: 1. An application for a variance was filed with the City of New Brighton on December 29, 1994. The Planning Commission, pursuant to published and mailed notices, held a public hearing on January 17, 1995, and all persons present at the hearing were given an opportunity to be heard. 2. 1. 2. 3. 4. The subject site is zoned B-2, Neighborhood Business. ! ; Structures in a B-2 district must be setback 30 feet from the street right-of-way. i Pump island canopies are considered to be structures. i The proposed canopy for the subject site would be setback 25 feet from the I right-of-way at the closest point. I The right-of-way line along Old Highway 8 adjacent to the subject site jogs a total , of 25 feet to the south creating an irregular front property line. The situation is unique in that the proposed canopy complies with the front yard setback requirement of 30 feet, except for a distance of approximately 1 0 feet along the front property line where a jog in the line exists. The applicant has demonstrated unique and unusual circumstances and an undue hardship. 5. 6. 7. . BE IT FURTHER RESOLVED, the application VN-300 is hereby recommended for approval, subject to the following conditions: 1. Approval and continuing compliance with LP-298, SP-185, and NC-98. Adopted this 17th day of January, 1995. Larry Baker, Chair Erny Mattila, City Planner