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RESOLUTION NO. CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF VN-317. WHEREAS, an application for a variance has been made by Donatelle Plastics, Inc. for a fifteen foot front yard parking setback exemption. 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 January 2, 1998. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on January 20, 1998, 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-316: 1. The subject site is zoned I-2, Heavy Industrial. 2. The applicant is proposing to construct a 82,448 square foot office manufacturing facility with a front yard parking setback of twenty-five feet. 3. The City of New Brighton Zoning Ordinance, Section 11-020, requires a forty foot front yard parking setback. 4. The western portion of the subject site suffers from soil and groundwater contamination. 5. The contamination and associated clean up, limit the amount of buildable area. 6. Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of the City of New Brighton Zoning Ordinance, the Council shall have the power, in a specific case, to permit a variance from the provisions of this ordinance. The crucial points of the variance are: a. Undue hardship b. Unique circumstances c. Conformance with the Comprehensive Plan d. Variance shall not be detrimental to adjacent property or to the public as a whole. 7. The applicant would, under normal circumstances, be able to place the proposed building and parking lot on the subject site without needing a setback variance. However, the contamination of the western portion of the site does not make it possible for the applicant to "shift" the proposed building any further to the west. Therefore, the front yard parking area located east of the proposed building is caused to encroach 15 feet into the front yard setback area. The contamination of the subject site creates a unique circumstance and strict enforcement of the City's front yard parking setback requirement would cause the applicant undue hardship. The plight of the property owner is due to circumstances unique to the property in question and was not created by the applicant. The requested variance would conform with the comprehensive plan and would not be detrimental to adjacent property owners or the public as a whole. GACD1-98-PC198-RES%V N-317. WPD