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L _J <br />DATE: September 21, 1971 <br />CASE NUIvIBER: VN-79 <br />APPLICANT: Rodney Biliman <br />LOCATION: Northeast Quadrant of Silver Lake Road and 14th. Street N,Ws <br />REQUEST: Setback Variance for Parking Lot in Commercial District <br />PLANNING CONSIDERATIONS: <br />The property in question has recently been developed as a neighborhood business <br />area, Parking facilities for the complex have been constructed. in such a manner <br />that they do not conform to proper setback requirements for the zoning districto <br />(n that the facility. is already constructed at some expense, the petitioner is <br />now requesting legalization of the action through a variance. requests <br />Under the terms of the Village of New Brighton Zoning Code Section 11-040 <br />Variance,. the Counci I has the power to grant variance. from- the provisions of <br />the ordinance where undue hardship is involvedo Under the New Brighton <br />Zoning Code Section 2-700 Variance, the crucial points of a variance-are <br />.listed as (a) undue hardship, (b) unique circumstances and (c) applying to pro- <br />pertye A variance is not justified. unless all three. elements are present in the <br />case. <br />It is our professional opinion that gran-ting of this variance request would place <br />the Council and Planning Commission. in the position of legalizing a violation of <br />a Village Ordinance, We therefore recommend that the request for variance be <br />denied. The recommended course of alternative action is that the infraction be <br />allowed to continue as anon-conforming use with the stipulation that any <br />future modification of the property in question be allowed only if -the parking <br />facility is made b conform to the provisions of the Zoning Code, <br />