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RESOLUTION NO 2452 r C STATE OF MINNESOTA COUNTY OF RAMEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR VARIANCE, VN-219 WHEREAS, An application for a variance entitled VN-219 has been made by North Innsbruck Associates to have less than the required number of parking. spaces; and WHEREAS, The procedural history of the application is as follows: 1. That an application for variance, VN-219 was filed with the City of New Brighton on April 13, 1981. 2. That such application was reviewed by the New Brighton Planning Commission Board of Review on April 22, 1981. 3. That the City Council, pursuant to published and mailed notices, held a public hearing on May 12, 1981, all person's present at the hearing were given an opportunity to be heard. 4. The written comments and analysis of the City staff, the Planning Commission minutes and recommendations were considered. NOW THEREFORE BE IT RESOLVED, That the New Brighton City Council makes the following Findings of Fact in respect to VN-219: 1. That the property is zoned B-1, Limited Business; 2. That the site was developed for a 2-story office building under Council approved building permit, LP-82 and Variance, VN-204; 3. That the applicant proposed.to amend previous permits by occupying for office use the basement of said building; 4. That the applicant will be acquiring additional property to accommodate additional parking spaces; 5. That the City Council held a public hearing on April 21, 1981 on a revised zoning code pursuant to the implementation section of the Comprehensive Plan; and 6. That the proposed parking design and number of spaces is consistent with the proposed zoning code presently under consideration. BE IT FURTHER RESOLVED, That the application VN-219 is hereby approved subject to the following conditions: 1. That the applicant acquire the necessary property to conform with the sii to plan submi tted; 2. That such minor subdivision be filed with the City within 30 days; 3. That the building code violations be abated within 30 days; 4. That the redesigned parking lot is completed within six months; 5. That at least two (2). pine trees, 6' to 8' be planted to the east of the existing building; 6. That failure to comply with the above conditions within the given time periods nullifies the approval of the variance request; 7. That in the event the above conditions are not met staff is directed to: A. Write up orders requiring that the tenants vacate the basement within 10 days; B. Continue prosecution of UBC violations; and C. If basement is not vacated within 10 days, staff shall write out a citation for the zoning code violations and turn the matter over to the City Prosecutor for further action. 8. That the applicant shall notify the tenants in writing of the con- ditions of the variance and outline the consequences if those conditions are not met. Adopted this day of t? 81. ',1 np- W. Snden, ma )r