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RESOLUTION NO. <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF VN-318. <br />WHEREAS, an application for a variance has been made by Howard Hermann for atwenty-five <br />(25) foot setback variance for a canopy. <br />WHEREAS, the procedural history of the application is as follows: <br />1. An application for a variance was filed with the City of New Brighton on March 25, 1998. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on Apri121, 1998, and all persons present at the hearing were given an opportunity to be <br />heard. <br />NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following Findings of <br />Fact in respect to VN-318: <br />1. The subject site is zoned B-3, General Business. <br />2. The applicant is proposing to construct a 26 x 50 foot canopy to be set five (5) feet back <br />from the front property line. <br />3. The City of New Brighton Zoning Ordinance, Section 5-250, restricts the setback of a <br />canopy within the B-3 District to not more than thirty feet (30). <br />4. The City of New Brighton Zoning Ordinance, Section 5-250 further allows a canopy <br />setback up to ten (10) feet by special use permit. <br />5. The proposed canopy exceeds the setback restriction by twenty five (25) feet. <br />6. Where there are practical difficulties or unusual hardships in the way of carrying out the <br />strict letter of the provisions of the City of New Brighton Zoning Ordinance, the Council <br />shall have the power, in a specific case, to permit a variance from the provisions of this <br />ordinance. The crucial points of the variance are: <br />a. Undue hardship <br />b. Unique circumstances <br />c. Conformance with the Comprehensive Plan _ <br />d. Variance shall not be detrimental to adjacent property or to the public as a ~- - -- <br />- whole. ~ - - ~ ~ - <br />7. In this instance there is not an undue hardship or a unique circumstance to justify a variance. <br />The strict letter of the provisions of the City of New Brighton Zoning Ordinance would not <br />prevent the applicant from constructing a canopy on the site with a ten (10) foot setback <br />subject to approval of a special use permit. Therefore, reasonable use of the property is not <br />prevented by a denial of the request. <br />BE IT FURTHER RESOLVED, the application VN-318 is hereby recommended for denial <br />Adopted this 21st day of April, 1998. <br />Larry Baker, Chair <br />Cary K. Teague, City Planner <br />G:\CD\-98-PC198-RES\VN318. WPD <br />