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RESOLUTION NO. <br />i <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND DENYING VN-243. <br />WHEREAS, an application for a variance has been made by <br />Thermo-King. <br />WHEREAS, the procedural history of the application is as <br />follows: <br />1. That an application for a variance was filed with <br />the City on August 2, 1985. <br />2. That the Planning Commission, pursuant to published <br />and mailed notices, held a public hearing on August 20, <br />1985, all person's present at the hearing were given an <br />opportunity to be heard. <br />3. That the application for a variance VN-243, was re- <br />viewed by the City Council on August 27, 1985 and that <br />the Planning Commission minutes and recommendations were <br />considered. <br />NOW THEREFORE BE IT RESOLVED by the City Council that the <br />following Findings of Fact are made in respect to VN-243: <br />1. That the property is zoned I-1, Light Industrial. <br />2. That the maximum height of a fence permitted in a <br />front yard is 3 1/2 feet. <br />3. That the applicant is requesting a variance to allow <br />a seven-foot fence in a front yard. <br />4. That the applicant has not been able to adequately <br />demonstrate that unique and unusual circumstances <br />exist and that denial of the variance will result <br />in undue hardship. <br />5. That granting of a variance would be inconsistent <br />with Section 4-540 (a), purpose of the fence ordinance, <br />because of the possibility of parking and outside storage <br />encroaching into the front yard setback, thus affecting <br />orderly development of the property. <br />6. That the items identified by the applicant as reasons <br />for a variance (the existing well and snow storage) can <br />be addressed in alternative ways than a variance. <br />7. That the excessive right-of-way along Old Highway 8 does <br />not constitute undue hardship, by requiring the fence to <br />be located 90 feet from the curb, because the proper <br />fence location will not cause the applicant's inability <br />to operate a business on the site. <br />BE IT FURTHER RESOLVED that the application VN-243 is and <br />hereby denied. <br />Adopted this 27th day of August, 1985. <br />Gregory B. Harcus, Mayor <br />ATTEST: