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y c RESOLUTION NO . 17 8 7 STAi'E OF MINI~SOTA COUNl'Y OF RAMSEY CITY OF NEW BRIQ~'PON RESOLUTION MAKING FINDINGS OF FACT,-and denying application for VN 161. ~~REAS, an application for-:variance-entitled VN 161 has been made to the City.and said application has been processed. and reviewed by the Planning Commission at its meeting on September 21, 1976, and heard and considered by the Council at a public hearing on September 26, 1976, NOW, THEREFORE, BE IT RESOLVED, that the New Brighton.City Council makes the following Findings of Fact in respect to VN 161: FINDINGS OF FACT: 1. That an application for VN 161 was filed with the City and was. heard and reviewed by the Planning Commission at its meeting on September 21, 1976; 2. That the City Council, pursuant to published and mailed notices, held a public hearing on September 26, 1976, to consider the application. The applicant and other persons present at the hearing were given opportunity to be heard;. 3. The written comments and analysis of the City Planner, the Planning Commission Minutes and recommendations and all persons' statements made at the public hearing were considered including the statements of the applicant and members of-the Council. BE IT FUR`l~R RESOLVED that the application for VN 161 be hereby denied for the following reasons: 1. That no undue hardship shown by the applicant at the Planning Commission meeting or at the public hearing. ', 2. That the subject property was not shc~m to be unique and no other unique circ-~m~stances were shown to be present. 3 . That the New Brighton Zoning Code provides for 1 imitation ~ f intensity of the 1€~nd development ~Y the legislatively determined ~floor~area-ratio requirement. 4. The floor-area-ratio is legislatively provided as a Zoning Dis+.sict Standard applying uniformly to all properties in the district, independent of use or other factors. 5. The floor-area-ratio, as legislatively provided, determines the ultimate parcel density and hence determines parcel value. 6. The floor-area-ratio is by its inherent nature, as a ratio, com- pletely nondiscriminatory allowing any and all properties in a given zoning district to be developed in proportion to size. 7. That theZ7nited States Constitution pursuant to the Fourteenth Amendment requires that zoning administration be conducted to provide equal treatment to all those similarly situated with respect to the law. 8. That it is a finding of the New Brighton City Council that equity of treatment of all those similarly situated acquires uniform enforcement of floor-area-ratio to all parcels within a given zoning district.