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RESOLUTION NO. CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF VN-315. WHEREAS, an application for a variance has been made by Nutec Development; and. 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 August 1, 1997. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on August 19, 1997, and all persons present at the hearing were given an opportunity to be heard. Now THEREFORE BE IT RESOLVED, the Planning Commission makes the following Findings of Fact in respect to VN-315: 1. The subject property is zoned B-2, Neighborhood Business. 2. The subject property borders an R-1 district to the west. 3. According to Section 5-150 (c) (2), of the New Brighton City Code, every lot in a B-2 district shall have a 30 foot side and rear yard when abutting an R-1 district. 4. The proposed office building and parking lot would be located five feet from the rear property line and each would require a 25 foot setback variance. 5. The intent of the 30 foot setback requirement is to avoid locating commercial structures or parking lots too close to single family homes and creating a negative impact. 6. The R-1 property adjacent to the west of the subject lot is vacant, only 38 feet wide and thus unbuildable, and lies between the subject site and I-35W to the west. 7. A variance may be granted from the literal provisions of the Zoning Ordinance in instances where strict enforcement would cause an undue hardship because of unique circumstances and when it is demonstrated that such a variance would be consistent with the spirit and intent of the ordinance. The unique circumstance in this case is the R-1 property to the west is vacant and unbuildable. Therefore, strict enforcement of the City's subject B-2 district setback standard would cause the applicant an undue hardship and would not allow the applicant to put the subject property to a reasonable use. 8. The requested variances would not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED, the application VN-315 is hereby recommended for approval subject to the following conditions: 1. Approval and continuing compliance with PL-236, NC- 108 and LP-327. Adopted this 19th day of August, 1997. Larry Baker, Chair Erny Mattila, City Planner G:\CD\-97-PC\-97-RES\V N-315. W PD