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'. · ii" " - ., RESOLUTION NO. 04-045 STA TE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON I; RESOLUTION MAKING FINDINGS OF FACT AND ApPROVING OF SP04~05. \ i i WHEREAS, an application for a special use permit has been made by Mr. Howard Theis to construct an addition to his existing home at 1883 Sioux Boulevard NW. Per Section 4-040 ofthe New Brighton Zoning Ordinance, encroachments up to 6 feet into front yard setbacks are required to have a special use permit; and : i WHEREAS, the procedural history of the application is as follows: 1. An application for a special use pennit was filed with the City of New Brighton on April 30, 2004. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on May 18,2004, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered the request at the May 25, 2004 meeting. j ~ ; ~ Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP04~05: 1. The subject site is zoned R-l, single family residential. 2. Structures are allowed within the 30 foot front yard setback complying with Section 4- 040 and Section 8-130. 3. As specified in Section 4-040, in required front yards, the required setback may be reduced to twenty four feet subject to approval of a Special Use Pennit under Section 8- 110-130 and subject to compliance with the following conditions: : i ; ! a) The proposed addition uses the same exterior structure materials and colors as the principal structure and accessories. b) The roof is properly proportioned to and integrated with the roof of the principal structure (dwelling) on the property. c) The base of the addition is not open and its appearance is consistent with the base of the building. d) The structure shall not exceed 35% of the width of the front of the dwelling, excluding the garage, or shall not exceed twelve feet in width, whichever is less. 4. The City Council finds that the criteria listed above are met. 5. As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be approved by the City Council unless such shall find: a) That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of general public. b) That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. I: I :\CQUNCIL \ResolutionsI2004\Community Development\SP04-05.doc