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The applicant is requesting a fifteen (15) foot front yard setback parking variance. The proposed parking <br />area complies with the City's parking requirements, except for a twenty-five (25) foot front yard parking <br />setback. The City of New Brighton Zoning Ordinance requires a forty (40) foot front yard parking <br />setback. Therefore, a fifteen (15) foot front yard setback parking variance is required. The applicant <br />would, under normal circumstances, be able to place the proposed building and parking lot on the subject <br />site without needing a setback variance. However, the contamination of the western portion of the site <br />does not make it possible for the applicant to "shift" the proposed building any further to the west. <br />Therefore, the front yard parking area located east of the proposed building is caused to encroach 15 feet <br />into the front yard setback area. The contamination of the subject site creates a unique circumstance and <br />strict enforcement of the City's front yard parking setback requirement would cause the applicant undue <br />hardship. The plight of the property owner is due to circumstances unique to the property in question and <br />was not created by the applicant. The requested variance would conform with the comprehensive plan <br />and would not be detrimental to adjacent property owners or the public as a whole. <br />RECOMMENDATION <br />Motion to RECOMMEND APPROVAL OF LP-336, SUBJECT TO THE FOLLOWING CONDITIONS: <br />1) APPROVAL OF AND CONTINUED COMPLIANCE WITH VN-317. <br />2) APPROVAL OF BRIGHTON CORPORATE PARK III PLAT. <br />3) APPROVAL OF RICE CREEK WATERSHED DISTRICT PERMIT. <br />4) APPROVAL OF GRADING AND DRAINAGE PLAN BY CITY ENGINEER. <br />5) REVIEW OF FINAL LANDSCAPE/STREETSCAPE PLAN BY CITY FORESTER. <br />6) APPROVAL OF THE FINAL LANDSCAPE/STREETSCAPE PLAN BY THE CITY COUNCIL. <br />7) ALL DUMPSTERS SHALL BE PROPERLY ENCLOSED. <br />8) PROVISION OF A PERFORMANCE BOND IN THE AMOUNT EQUAL TO ONE HUNDRED PERCENT OF <br />THE COST TO INSTALL PAVING, CURBING AND LANDSCAPE IMPROVEMENTS EXCLUDING THE <br />BUILDING. <br />Motion to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL <br />OF VN-317. <br />Thomas M. Terry, Assi nt City Planner <br />G:\CD\-98-PC\98-RPTS\LP-336. WPD