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<br />,f <br /> <br />w. <br /> <br />RESOLUTION No. 99 -024 <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND ApPROVAL OF VN-322. <br /> <br />WHEREAS, an application for a variance has been made by Greg Arnold of Dairy Queen for a three <br />(3) foot side street yard setback variance to Section 6.060 of the Zoning Ordinance which requires a <br />forty (40) foot side street yard setback for structures within the 1-1, Light Industrial Zoning District; and <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />i' <br /> <br />1. An application for a variance was filed with the City of New Brighton on February 26, 1999. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on March 16, 1999, and all persons present at the hearing were given an opportunity to be <br />heard. <br />3. On March 23, 199, the City Council considered the application; and <br /> <br />Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in <br />respect to VN-322: <br /> <br />I. The subject site is zoned 1-1, Light Industrial. <br />2. The applicant is requesting a three (3) foot side street yard setback variance to install a <br />drive-through window. <br />3. The City of New Brighton Zoning Ordinance, Section 6-060, restricts the minimum side <br />street yard setback for structures in the 1-1, Light Industrial Zon ing districts to not less than <br />forty (40) feet. <br />4. Where there are practical difficulties or unusual hardships in the way of carrying out the <br />strict letter of the provisions of the City of New Brighton Zoning Ordinance, the Council <br />shall have the power, in a specific case, to permit a variance from the provisions of this <br />ordinance. The crucial points of the variance are: <br />a. Undue hardship <br />b. Unique circumstances <br />c. Conformance with the Comprehensive Plan <br />d. Variance shall not be detrimental to adjacent property or to the public as a <br />whole. <br />5. In this instance the undue hardship is caused by restrictive setback off of a public right-of- <br />way (4th Street NW) that is not maintained by the City, 4th Street actually serves as a <br />driveway to adjacent properties to the north and east. <br /> <br />1:\SHAREDlCOUNCILIRESOLUTI\1999\99-CDIVN-322A.WPD <br />