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RESOLUTION Np. 07-031 STATE OF MINNESOTA COUNTY OF 11A1v1SEY CITY OF NEW BRIGHTON RESOL MAKING FINDINGS OF FACT AND APPROVING A SITE PLAN REVIEW AND SPECIAL USE THERE , an application has been made by NAI Architects on behalf of Champp's Restaurant of New B ghton to permit construction of an outdoor dining patio to the north end of the existing Chain 's Restaurant at 2397 Palmer Drive. 'HERE ,the procedural history of the application is as follows: 1. Av ications for a Site Plan Review and Special Use Permit were received on March 30, 2. Th Planning Commission, pursuant to published and mailed notices, held a public hearing on Aril 17, 2007 and all present were given a chance to freely speak at the hearing. 3. Th Planning Commission recommended approval subject to conditions. 4. Th City Council considered the request an April 24, 2007. 'HERE ,the Planning Commission and City Council make the following Findings of Fact with respec o the Site Plan (LP2007-002) and Special Use Permit (SP2007-001): 1. Th property is located at 2397 Palmer Drive and legally described as follows: hat part of Tract "D", Registered Land Survey No. 237, files of the Registrar of fles, County of Ramsey, described as follows: Commencing at the Northwest orner of said Tract "D", thence Southerly along the West line of said Tract "D", distance of 258.10 feet; thence at right angles Easterly a distance of 190 feet; ence Northerly and parallel to said West line of said Tract "D" to the North line f said Tract "D"; thence West along the North line of said Tract "D" to the point f beginning. Subject to Restrictions contained in Document Number 577104. ogether with a parking easement over Tract "C" and Tract "D" not described erein, R.L.S. #237. See Document #577687. 2. Th property is zoned B-3, General Business. 3. Th property is guided in the Comprehensive Plan far Community Business. 4. Se ion 5-240 (15) allows outdoor dining by Special Use Permit "in conjunction with a lic sed food establishment. Adequate screening, fencing and/or other requirements may be im sed to ensure that such use does not have a detrimental impact on the adjoining pr ernes or the general public". 5. Th Planning Commission and City Council reviewed the proposal and found it to meet the sp' t and intent of Section 5-240 (1 S) as the restaurant is currently a licensed food es lishment, a fence has been proposed to enclose the outdoor dining area, the only access to a patio is from within the restaurant, and the patio will be landscaped to fiuther lessen th mpacts of outdoor dining on the general public. 6. A itionally, the Planning Commission and City Council reviewed the proposal in ac rdance with the fallowing Special Use Permit conditions of Section 8-130: \REPORTS\2007\Community Development\4-24.2007\SP2007-001, LP2007-002 (Champps) - RESOLUTION.doc ~