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j I RESOLUTION No.07-0$3 j ! STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLU ' ON MAKING FINDINGS OF FACT AND APPROVAL OF A SPECIAL USE PERMIT AND NoNc VFORMING USE PERMIT. WHEREan application has been made by Bauer Enterprises on behalf of Gabino Montoya and Julieta (ruz to permit construction of a detached garaged exceeding 624 square feet on property locatet 2454 17th Avenue NW. a WHERE the procedural history of the application is as follows: 1. application for a Special Use Permit was received on June 26, 2007. 2. Fo wing submission of the Certificate of Survey it was determined by staff that a Ncconforming Use Permit would also be necessary. 3. Th Planning Commission, pursuant to published and mailed notices, held a public hearing on July 17, 2007 and all present were given a chance to freely speak at the hearing. 4. T Planning Commission recommended approval on July 17, 2007. 5. T City Council considered the request on July 24, 2007. WHEREAps, the Planning Commission and City Council make the following Findings of Fact with respect1to the Special Use Permit (SP2007-007) and Nonconforming Use Permit (NC2007-002): 1. Tl property is zoned R-1, Single Family Residential. 2. Tl property is guided in the Comprehensive Plan for Low Density Residential. 3. Tl property is legally described as follows: Lot 18, Block 9, SUNNYSIDE HEIGHTS 4. Tl. applicant has proposed to construct a detached garage of 732 square feet, while re oving the existing detached garage. 5. The Planning Commission and City Council considered the proposal in accordance with Z ing Code Section 4-530 (1) (E) which requires approval of a Special Use Permit for any ac ssory building in excess of 624 square feet. 6. T1 LLLL Planning Commission and City Council considered the proposed Special Use Permit in accordance with Zoning Code Section 4-530 (1) (K) which requires that the detached garage m t the following conditions: a. I Roof and exterior color and material must be consistent and complimentary with the I principal structure. b.1 If deemed necessary by the City Council, landscape screening shall be provided to lessen 1 visual impact from adjacent properties. c. No commercial or home occupation activity shall be conducted within the accessory building. 7. T ' Planning Commission and City Council reviewed the proposal in accordance with the fc~ owing Special Use Permit conditions of Zoning Code Section 8-130: a.! i That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 1:\CO ~IL\REPORTS\2007\Community Development\7-24-2007\SP2007-008, NC2007-002 (Montoya, Cruz) - RESOLUTION.doe 1 ! ~I