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r <br />A <br />RESOLUTION NO. <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND DENYING VARIANCE <br />APPLICATION VN-196. <br />1. That an application for VN-196 was filed with the <br />City October 10, 1978; <br />2. That the Board of Review heard and reviewed the <br />application at its meetings on October 17,_1978, <br />November 16, 1978 and November 21, 1978; <br />3. That the City Council pursuant to published and mailed <br />notices, held a public hearing on November 28, 1978 <br />to consider the application. A11 person';s present wer <br />given an opportunity to be heard; ~ <br />4. That the written comments and analysis of the Director <br />of Community Development and City Planner, the <br />Planning Commission minutes, and all person's state- <br />merits made at the public hearing were considered. <br />NOW THEREFORE BE IT RESOLVED by the City Council of New. <br />Brighton that the following Findings of Fact are made in <br />respect to VN-196. <br />1. The zoning code in the-City of New Brighton <br />requires that in R-1 district the minimum .lot size <br />be 10,000 square feet and have 75 foot-width at the <br />building setback line; <br />2. This application requests variances for less required <br />lot width and not having frontage to a public street; <br />3. The applicant's property is at a substantially higher <br />elevation than the property to the south whereby the <br />construction of a new home as proposed could be <br />detrimental to the property to thex~soath` i~n:.terms of <br />drainage and loss of yard. privacy;- <br />4. Ad3acent property owners and neighbors hove expressed <br />their strong opposition to granting of these variances <br />5. While the proposed lots actually exceed the minimum <br />lot area on paper, a large percentage of the property <br />is below the high water line of Long Lake; <br />6. While the overall lot sizes of the proposed lots are <br />comparable to lot sizes in the neighborhood, the <br />proposed lots will have the greater portion of area <br />below the high water mark of Long Lake; <br />7. The applicant failed to present warrants showing <br />undue hardship-and unique circumstances to support his <br />request for variances and that the Council hereby :"-_ <br />,= denies the application for these two variances. <br />WHEREAS, an application for a var-fiance VN-196 has been <br />made by Mr. Clint Carlson for .property at 1315 12th Avenue N.W. <br />to permit the subdivision of property having less than the <br />required width and not having frontage on a public street, and <br />WHEREAS, the procedural history of the application is as <br />follows: <br />.. `1. .~„ <br />•~ $'': <br />.. <br />.. <br />