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RESOLUTION NO. NEW BRIGHTON PLANNING COMMISSION RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF VN-243. WHEREAS, an application for a variance has been made by Thermo-King. . WHEREAS, the procedural history of the application is as follows: 1. That an application for a variance was filed with the City on August 2, 1985. 2. That the Planning Commission, pursuant to published and mailed notices, held a public hearing on August 20, 1985, all person's present at the hearing were given an opportunity to be heard. NOW THEREFORE BE IT RESOLVED by the Planning Commission that the following Findings of Fact are made in respect to VN-243: 1. That the property is zoned I-1, Light Industrial. 2. That the maximum height of a fence permitted in a front yard is 3 1/2 feet. 3. That the applicant is requesting a variance to allow a seven-foot fence in a front yard. 4. That the applicant has not been able to adequately demonstrate that unique and unusual circumstances exist and that denial of the variance will result in undue hardship. 5. That granting of a variance would be inconsistent with Section 4-540 (a), purpose of the fence ordinance, because of the possibility of parking and outside storage encroaching into the front yard setback, thus affecting orderly development of the property. 6. That the items identified by the applicant as reasons for a variance (the existing well and snow storage) can be addressed in alternative ways than a variance. 7. That the excessive right-of-way along 01d Highway 8 does not constitute undue hardship, by requiring the fence to be located 90 feet from the curb, because the proper fence location will not cause the applicant's inability to operate a business on the site. BE IT FURTHER RESOLVED that the application VN-243 is and hereby recommended for denial. Adopted this 20th day of August, 1985. Roger S. Williams, Chairman f Brenda A. Krueger, City Planner