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RESOLUTION NO <br />NEW BRIGHTON PLANNING COMMISSION <br />BOARD OF REVIEW <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF VARIANCE <br />APPLICATION, VN-223 <br />WHEREAS, an application for a variance has been made by RCE Corporation to <br />permit the construction of a condominium building with less than the required <br />side yard setback under a PRD; and. <br />WHEREAS, the procedural history of the application is as follows: <br />1. That an application for a variance, VN-223 was filed with the City on <br />August 11, 1981. <br />2. That the Board of Review heard and reviewed the application at its <br />regular meeting on August 18, 1981. <br />3. The written comments and analysis of the City Planner and all person's <br />statements made at the Board of Review meeting were considered. <br />NOW THEREFORE BE IT RESOLVED by the Board of Review that the following <br />Findings of Fact are made in respect to VN-223. <br />1. That the property is zoned R-2, Two-Family Residential; <br />2. That the property is included in Council approved PRD #27 by Resolution <br />No. 2026; <br />3. That the applicant platted the property in June 1980 for the construction) <br />of a condominium building; <br />4. That the application for variance does not meet the warrants of undue <br />hardship or unique circumstance because the property was specifically <br />platted for the construction of a condominium; <br />5. That allowing less than the required setback would result in an adverse <br />affect on adjoining property:. <br />6. That the proposed building with less than the required setbacks also <br />requires a modification from the zoning code in that 22 stories is the <br />maximum height in an R-2 district and the building is proposed to be <br />4 stories; <br />7. That a building with 4 stories should have a greater setback than the <br />minimal setback established in Section 11-350 1. of the zoning code; <br />8. That at least 25 feet setback is necessary to provide emergency access <br />to the building without encroaching on adjacent properties. <br />BE IT FURTHER RESOLVED, That the Board of Review hereby recommends denial <br />of variance application, VN-223. <br />Adopted this day of , 1981. <br />Roger Williams, Chairman <br />Joan M. Archer, City Planner