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Ii I I RESOLUTION No. 97- CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND DENYING VARIANCE, VN-3I3. WHEREAS, an application for a variance has been made by Super America. 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 March 28, 1997. 2, The Planning Commission, pursuant to published and mailed notices, held a public hearing on April 15, 1997, and all persons present at the hearing were given an opportunity to be heard. 3, The City Council considered VN-3I3 at the April 22, 1997 City Council Meeting. Now 1HEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to VN-313: 1, The subject site is developed and zoned B-3, General Business. 2. The applicant is proposing to remove all buildings and improvements from the subject site and construct a convenience store/gas station on the subject site. 3. The proposed parking lot maneuvering area located along the south property line, or street side property line of said lot, would be located eight feet from said property line, which is also the Rice Creek Road right of way line. 4. Section 11-020 (t) of the City's Parking Ordinance requires all parking and maneuvering areas to be located 30 feet from any street side property line. The City Council, through the site plan approval process, may reduce the street side yard setback to 15 feet. 5. The proposed parking lot maneuvering area for the subject site would encroach 22 feet into the 30 foot street side yard setback area and would require a setback variance of22 feet or 73%. 6. In order for a variance to be granted from Section 11-020 (t), the City Council must first find a unique circumstance pertaining to the physical characteristics of the subject site, where upon, strict enforcement of the ordinance would cause the applicant an undue hardship. In this instance, the applicant is proposing to clear the subject site of all buildings and improvements. The subject site is square and nearly one acre in size, is relatively flat, and contains no unusual natural features or physical characteristics. Consequently, the plight of the landowner, in this case, is due to circumstances created by the landowner. BE IT FURTHER RESOLVED, the application VN-313 is hereby denied. Adopted this 22nd day of April, 1997. ATTEST: Robert Benke, Mayor Margaret Egan, City Clerk Mathew Fulton, City Manager (SEAL) G:\CD\-97 -CC\RESO\VN-313.WPD