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<br />... '! ... <br /> <br />RESOLUTION No. 04-009 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />; RESOLUTION MAKING FINDINGS OF FACT AND ApPROVING of SP04-01 / LP03-08. <br /> <br />WHEREAS, an application for a special use permit has been made by Mr. Norm Wells on <br />behalf of Mr. Mark Beisswenger. <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. An application for a special use permit was filed with the City of New Brighton <br />on October 3,2003. <br />2. The Planning Commission, pursuant to published and mailed notices, held a <br />public hearing on October 21, 2003 and continued the hearing to the December <br />16th 2003 meeting date and all present were given a chance to freely speak at the <br />hearing; and, <br />3. The City Council considered the application on January 13,2004. <br /> <br />Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact <br />in respect to SP04-01 / LP03-08: <br /> <br />1. The subject site is zoned MX, Mixed Use. <br /> <br />2. The applicant is requesting a Special Use Permit to construct a general <br />hardware store with an outdoor garden center. <br /> <br />3. Special uses may be permitted in zoning districts by the City Council where <br />such uses are deemed essential or desirable to the public convenience and <br />welfare, and are in harmony with the various elements or objectives of the <br />comprehensive plan, and if their location, plan, and character of the <br />development are first considered by the Planning Commission following the <br />procedure set forth in the Section 8.130. <br /> <br />4. As specified in Section 8-130 of the New Brighton Zoning Ordinance, no <br />special use shall be recommended by the Planning Commission unless such <br />shall find: <br /> <br />a. That the establishment, maintenance, or operations of the special <br />use will not be detrimental to or endanger the public health, safety, <br />morals, comfort of general public. <br />b. That the special use will not be injurious to the use and enjoyment <br />of other property in the immediate vicinity for the purposes already <br />permitted, nor substantially diminish and impair property values <br />within the neighborhood. <br /> <br />1: \COUNCIL\Hesolutions\2004\CODUllunity Oeve!opment\sP04,O 1..., Site Plan_13ei sswenger,doc <br />