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~~ <br />~ a S ~~, ~ .PUBLIC HEARING <br />r~ ~~~ ~ -93 <br />September 26, 1972 - 8e1S p.m. <br />PETITIONEIta Fortune'Inve-stments <br />LOCATIONe North of County Road "D" between New Highway 8 and 'Long <br />Lakes Road <br />>.NUMBER OF PROPERTY OWNERS WITHIN '2.00 FEET OF LOCATION: 4- <br />PETITIONER'S REQUESTe Variance from Section 10-I10 Industrial <br />District I-1 an:d I-2, Para. (a) New ,Brighton <br />Zoning Code., <br />ORDINANCE REQUIREMENTS: Ordinance 18$, Section ;11-040`"Where there <br />are practical difficulties or unusual hardships <br />in the way of carry~.ng out the strict letter <br />of the provisions ofthis-ordinance, the <br />:Council shall `have the power, in a specific <br />case, to permit a variance from-the <br />provisions-of this ordinance." <br />Ordinance 188, Section 2-700, "The crucial <br />points of a variance are (a) undue hardship, <br />(b) unique circumstances and (c).applying to <br />property. A variance is not justified unless <br />all three elements are present in the case. <br />PETITIONER'S JUSTIFICATION TO MEET P,BOVE REQUIREMENTS: <br />Thus variance is requested because of the unusual shape of the <br />property, adequate utilization is impossible without variance <br />from .the strict application of Section 10-110 Industrial Districts; <br />I-1"and I-2, Paragraph A, New Brighton zoning code., Specifically, <br />we request that the side yard requirements for corner lots be <br />reduced to 20 ft. to allow construction of a 48 ft. wide SzT-DOWN- <br />TYPE restaurant at a point 57 ft. North of the Sauth property line.: <br />PLANNING CONSIDERATIONSs Sept. 5, 1972 <br />The property in question is an irregularly shaped parcel resulting from <br />the. relocation of State Trunk Highway 8 east of its original alignment. <br />The parce~ dimensions are approximately 60 feet along County Road D, <br />286 feet along Long Lake Road, 325 feet along New Highway 8 and 205 feet <br />across the northern boundary. <br />..The variance.-specifically requested is to reduce the side yard require- <br />- merit forths corner..lot from-40 feet to 20:...feet to allow construction <br />'of a 48-foot wide structure at a point 57 feet north of the'-south <br />property line. Adherence to the 40 foot setback requirement would limit <br />the. structural width at this location.:to about 8 feet. <br />