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RESOLUTION No. 06-008 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLU ON MAKING FINDINGS OF FACT AND ApPROVING LP05-11 and VN05-04: WHERE , an application has been made by the Michael Gross, Property Manager to be co idered for a Variance and Site Plan review to construct additional parking and an ou oor patio. WHERE , the procedural history of the application is as follows: 1. An application for a variance and site plan review was filed with the City of New Brighton on December 2,2005. 2. On December 20, 2005, the Planning Commission held a public hearing and all present were given an opportunity to be heard. 3. On January 10,2006 the City Council reviewed LP05-I1 and VN05-04. WHERE , the City Council makes the following Findings of Fact in respect to LP05-11 and 05-05 and: 1. The subject site is zoned B-3, General Business. 2. The proposed use is allowed in the B-3 zoning district. 3. The future use for the site is Community Business; and the proposed use is consistent with New Brighton Comprehensive Plan. 4. The applicant is requesting a 19 foot variance from the required 30 feet to allow parking into the front setback, a 13 foot variance from the required 30 to allow a patio into the side street setback and a 23 foot variance from the required 30 to allow a fire pit into the side street setback. 5. Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of the City of New Brighton Zoning Ordinance, the Council shall have the power, in a specific case, to permit a variance from the provisions of this ordinance. The crucial points of the variance are: a. Undue hardship b. Unique circumstances c. Conformance with the Comprehensive Plan d. Variance shall not be detrimental to adjacent property or to the public as a whole. The applicant has demonstrated a hardship. Circumstances unique to the property do exist.