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<br />. <br /> <br />.....;~.. : <br /> <br />.", <br /> <br />RESOLUTION No. 95-016 <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT DENYING VARIANCE, VN-300. <br /> <br />WHEREAS, an application for a variance has been made by Tom Thumb Food Markets, Inc. <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. An application tor a variance was filed with the City of New Brighton on December 29, 1994. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on January 17, 1995, and all persons present at the hearing were given an opportunity to be <br />heard. <br />3. The City Council considered VN-300 on January 24,1995 and February 14, 1995. <br /> <br />Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect <br />to VN-300: <br /> <br />1. The subject site is zoned B-2, Neighborhood Business. <br />2. Structures in a B-2 district must be setback 30 teet from the street right-of-way. <br />3. Pump island canopies are considered to be structures. <br />4. The proposed canopy tor the subject site would be setback 25 feet from the right-at-way at <br />the closest point. <br />5. The situation is not unique in that the proposed canopy could be reduced in size or relocated <br />to comply with the frontyard setback requirement of 30 feet. <br />6. The applicant has not demonstrated unique and unusual circumstances and an undue <br />hardship and granting the variance would not be in keeping with the spirit and intent of the <br />ordinance. <br /> <br />BE IT FURTHER RESOLVED, the application VN-300 is hereby denied. <br /> <br />Adopted this 14th day of February, 1995. <br /> <br />~GJ~ <br /> <br />Robert Benke, I<<ayor <br /> <br />Ma~ <br /> <br />Finance Director/City Clerk <br /> <br />w~~ <br /> <br />M thew S. Fulton, City Manager <br /> <br />ATtEST: <br /> <br />(SEAL) <br />