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'~ i~ - . \I? RESOLUTION No. 03-058 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND ApPROVING ofSP03-07 and NC 03-02. : ; WHEREAS, an application for a Type 4 Non-conforming Use permit has been made by Mr. Oscar Noyed to reduce the number of non-conformities and a Special Use permit to construct a 720 square foot garage located at 2260 7th Street NW; and WHEREAS, the procedural history of the application is as follows: : i 1. An application for a Special Use permit was filed with the City of New Brighton on August I, 2003 and an application for a type 4 non~conforming use permit was filed with the City of New Brighton on August 21,2003. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on August 19th to hear the Special Use permit and held a public hearing on September 16, 2003 for the Type 4 Non-conforming use permit. 3. All present were given a chance to freely speak at the August 19th and September 16, hearings; 4. The City Council heard the request on September 23,2003; and, NoW THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP03-17 and NC03-02: 1. 2. 3. 4. The subject site is zoned R-l, Single Family Residential. The applicant has submitted plans for a 720 square foot garage. Garages larger than 400 ft.2 in size are required to obtain a Special Use Permit. Accessory structures in a residential district, such as the one proposed by the applicant, shall meet the conditions found in Section 4-530 K: a. Roof and exterior color and material must be consistent and complimentary with the principal structure. b. If deemed necessary by the City Council, landscape screening shall be provided to lessen visual impact from adjacent properties. c. No commercial or home occupation activity shall be conducted within the accessory building The City Council finds that the applicant meets the conditions of Section 4-530 K. As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be approved unless the Council 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. c. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 5. 6. 'I , : I: 1:\COUNCIL\Resolutions\2003\Comm Dev\NC03-02_2260 7th Street NW.doc