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<br />1, <br />Ii <br />d <br />I: <br />Ii <br />i! <br />il <br />l RESOLUTION MAKING FINDINGS OF FACT AND DENYING OF VN-229 <br />pertaining to heavy truck traffic in an 1-3, Limited Industrial <br />i zoning district. <br />i <br />I <br />I: <br />!j' <br />j <br />I' <br />I' <br />I <br />, <br />i <br />I <br />! <br /> <br />-.,. ~...... <br /> <br />.1 - - <br /> <br />'I <br />, 1 <br />; <br />II <br />H <br />Ii <br />!I <br />:\ <br />i <br />11 <br />i\ <br />'1 <br />I' <br />:! <br />,: <br /> <br />11 <br />I: <br />I <br />I <br />, <br />I <br />! <br />i <br />I <br />! <br /> <br />!: <br /> <br />jl <br />, ' <br />ji <br />;i <br />II <br />i <br />! <br /> <br />~ <br /> <br />RESOLUTION NO. 84-33 <br /> <br />~, <br /> <br /></ <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />WHEREAS, an application for a variance has been made by <br />Midwest Asphalt Corporation, and <br /> <br />WHEREAS, the procedural history of the application is as <br />follows: <br /> <br />1 . <br /> <br />An application for a variance was filed with the City <br />of New Brighton on December 30, 1983. <br />That the Planning Commission pursuant to published <br />and mailed notices held a public hearing on January <br />17, 1984, all persons present at the public hearing <br />were given an opportunity to be heard. <br />That the Planning Commission continued the January <br />17, 1984 public hearing and on Febraury 2l, 1984 all <br />persons present at the continued public hearing were <br />given an opportunity to be heard. <br />That such application was reviewed by the City Council <br />on March 27, 1984. <br />The written comments and analysis of the City Staff, <br />the Planning Commission minutes~ and recommendations <br />were considered. <br /> <br />2. <br /> <br />3. <br /> <br />4. <br />5. <br /> <br />NOW THEREFORE BE IT RESOLVED BY THE NEW BRIGHTON CITY <br />COUNCIL that the fOllowing Findings of Fact are made in respect <br />to VN-229: <br /> <br />1. That the applicant has requested a variance of Section <br />6-230 (b) (4) of the New Brighton Zoning Code pertaining <br />to truck traffic in an 1-3, Limited Industrial zoning <br />district. <br />2, That granting a variance of Section 6-230 (b) (4) <br />would constitute a use variance which is not permitted. <br />3. That Minnesota Statute ~462.357, Subdivision 6 (2) ex- <br />plicitly denies the City the authority to permit as a <br />variance any use not permitted in the zone where the <br />affected property is located. <br />4. That. considered in the alternative. it would be in- <br />appropriate to grant approval of VN-229 because of the <br />following: <br />a. The applicant has not demonstrated hardship as a <br />result of property constraints. <br />b. The factors alleged by the applicant are personal <br />and self created hardships, and are not hardships <br />within the meaning of Minnesota Statute 9462.357, <br />Subdivision 6 (2) and New Brighton Ordinance Section <br />8-2l0. <br />c. The applicant's request for approval of over three <br />times the permitted heavy truck traffic in a 1-3 <br />zoning is inconsistent with the comprehensive plan <br />which specifies that industrial use on this property,1 <br />should be greatly limited through use of the limited <br />industrial classification. <br />d. Approval of VN-229 would set a precident for other <br />industrial development in the 1-3 zoning districts. <br /> <br />i. <br />Ii <br />, <br />I <br />! <br />j BE IT FURTHER RESOLVED, that the application for VN-229 is <br />Ii and hereby denied. <br />!; <br />Ii Adopted this 27th day of March, <br /> <br />,; <br />! , <br />1: <br />, <br />1: <br />t,; <br /> <br />I.A. <br /> <br />! 1 t ,<::, FA'! 'I <br /> <br /> <br />Egan, Finance Director <br />