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RESOLUTION <br /> PLANNING COMMISSION <br /> CITY OF NEW BRIGHTON <br /> RESOLUTION MAKING FINDINGS OF FACT AND APPROVING of SP05-14 & LP05-10 <br /> WHEREAS,an application for a special use permit has been made by Mr. Mark Beisswenger to <br /> amend the approved special use permit for an outdoor garden sales area. <br /> WHEREAS,the procedural history of the application is as follows: <br /> 1. An application for a special use permit was filed with the City of New Brighton on <br /> July 29, 2005. <br /> 2. The Planning Commission,pursuant to published and mailed notices, held a public <br /> hearing on August 16, 2005 and all present were given a chance to freely speak at the <br /> hearing; <br /> Now THEREFORE BE IT RESOLVED,the Planning Commission makes the following Findings of <br /> Fact in respect to SP05-14 & LP05-10: <br /> 1. The subject site is zoned MX, Mixed Use. <br /> 2. The applicant is requesting a Special Use Permit to construct a general hardware store <br /> with an outdoor garden center. <br /> 3. Special uses may be permitted in zoning districts by the City Council where such uses <br /> are deemed essential or desirable to the public convenience and welfare, and are in <br /> harmony with the various elements or objectives of the comprehensive plan, and if <br /> their location, plan, and character of the development are first considered by the <br /> Planning Commission following the procedure set forth in the Section 8-130. <br /> 4. As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use <br /> shall be recommended by the Planning Commission unless such shall find: <br /> a. That the establishment, maintenance, or operations of the special use will <br /> not be detrimental to or endanger the public health, safety, morals, comfort <br /> of general public. <br /> b. That the special use will not be injurious to the use and enjoyment of other <br /> property in the immediate vicinity for the purposes already permitted, nor <br /> substantially diminish and impair property values within the <br /> neighborhood. <br /> c. That the establishment of the special use will not impede the normal and <br /> orderly development and improvement of the surrounding property for <br /> uses permitted in the district. <br /> d. That adequate utilities, access roads, drainage and/or necessary facilities <br /> have been or are being provided. <br /> e. That the special use shall, in all other respects, conform to the applicable <br /> regulations of the district in which it located. <br /> I:\COMMISSIONS\PLANNING\Reports\2005\08-16-05\SP05-14_LP05-10_Beissengers AMENDED PLAN.doc 5 <br />