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c. the side street yard of 20 feet is discriminatory <br />against the duplex because the building on the <br />R-1 lot (Lot 11) Co the north is only required to <br />give 15 feet. <br />4. The applicant also warrants that changing the shape of <br />the building or relocating the building to the south <br />will cause destruction of twenty-two oak trees and <br />other natural planting which is desired to provide a <br />screen between this lot and the neighbarhood. <br />5. The applicant also warrants that allowing the <br />requested front yard setback of 20 feet, side yard <br />setback of 5 feet and side street setback of 15 feet <br />would be consistent with the intent of the setback <br />requirements and with their previous application in <br />the City of New Brighton. <br />NOW THEREFORE BE IT RESOLVED, that the New Brighton City <br />Council makes the following Findings of Fact in respect to. <br />VN-207. <br />1. That the strict application of the regulations enacted <br />would result in abandonment of the project, attempted <br />re-sale of the lot and exceptional loss of value to the <br />applicant and the neighborhood. <br />2. That granting of relief can be made without detriment <br />to the public good and without substantially imparing <br />the .intent and purpose of this ordinance. <br />3. That granting of variance will not diminish or impair <br />established property values within the surrounding <br />area or in any other respect impair the public. health, <br />safety, comfort, or welfare of the inhabitants of <br />the City of New Brighton. <br />BE TT FURTHER RESOLVED, That the application VN-207 be <br />approved as amended by the above dimensional notations. <br />Adopted this day of 1979. <br />James W. Senders, Mayor <br />ATTEST: <br />Vernon C. Pederson, Clerk <br />Dennis S. Zylla, City Manager <br />(SEAL) <br />