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" RESOLUTION NO. 88-~ STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING VN-263. (Generally located adjacent to Hansen Park on 12th Avenue NW.) WHEREAS, an application for a variance has been made by Jon Moylan; and WHEREAS, the procedural history of the application is as follows: 1. An application for a variance was filed with the City of New Brighton on April 1, 1988. 2. The Planning Cormnission, pursuant to published and mailed notices, held a public hearing on April 19, 1988, and all persons present at the hearing were given an opportunity to be heard. 3. The application for a front yard setback variance (VN-263) was reviewed by the City Council on April 26, 1988. NOW THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to VN-263: 1. The property is zoned R-1, single family residential. 2. The required front yard setback in an R-1 district is 30 feet. 3. The applicant is requesting a 10 foot setback variance. 4. The single family lots adjacent to the subject lot along the east side of 12th Avenue NW were granted a reduced front yard setback of 25 feet from the 12th Street NW right-of-way when Belair Park #9 (PRD) was approved. 5. The 12th Avenue NW right-of-way becomes 5 feet wider when adjacent to the subject site. 6. The above Findings #4 and #5 cause the proposed house to be located 10 feet further from 12th Street NW than existing homes along the east side of 12th Street NW. 7. Granting the requested variance would allow the proposed single family house to align with existing single family homes along the east side of 12th street NW. 8. The subject lot contains steep slopes toward the drainage ditch along the rear property line thus leaving a limited area toward the front of the subject lot for building purposes. 9. The applicant has demonstrated unique and unusual circumstances and undue hardship for the variance request. BE IT FURTHER RESOLVED, that application VN-263 is hereby recommended for approval conditioned on: 1. Approval of grading plan by City Engineer. 2. Implementation of erosion control measures such as the installation and maintenance of a silt fence along the lower edge of the disturbed area of the subject lot during the construction period and until adequate turf establishment. 3. Payment in full of street, water, and sewer assessments and utility hook up fees prior to building permit issuance. Adopted this 26th day of April, 1988. ~ Robert Benke, Mayor ATTEST: / -" ~.td[/ City Manager Clerk (SEAL)