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RESOLUTION No. 08-101 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON ,UTION MAKING FINDINGS OF FACT AND APPROVING A SITE PLAN AND SPECIAL USE PERMIT, 7 H It AS, an application has been made by Don Johnson on behalf of the New Brighton Eagles 37 to permit construction of a 15' x 30' outdoor patio at 563 Old Highway 8 NW, and ZAS, the procedural history of the application is as follows: pplications for a Site Plan, Special Use Permit, and Variance were received on August 13, 2. he applications were deemed complete on August 27, 2008. 3. he Planning Commission, pursuant to published and mailed notices, held a public hearing n September 16, 2008 and all present were given a chance to freely speak at the hearing. 4. he Planning Commission tabled action on September 16, 2008. 5. he Planning Commission continued the public hearing on October 21, 2008. 6. he Planning Commission recommended approval of the Site Plan and Special Use Permit in October 21, 2008, subject to conditions. 7. IThe City Council considered the requests on October 28, 2008. VHE AS, the Planning Commission and City Council make the following Findings of Fact with res ct to the Site Plan (LP2008-006), Special Use Permit (SP2008-018), and Variance ( 008-003): 1. e property is zoned B — 3, General Business. 2. he property is guided in the Comprehensive Plan for Community Business. 3. e property is legally described as The North 200 feet of the South 480 feet of that part of e Southwest % of the Northeast '/ of Section 29, Township 20, Range 23, lying East of the ast line of right of way of State Highway No. 8, and West of a line drawn parallel to and istant 200 feet East from said East line of right of way of State Highway No. 8. 4. Fhe applicant is proposing to construct a 15' x 30' concrete patio for smoking and resumption of beverages and food within the front yard of 563 Old Highway 8 NW. 5. ue to the commercial zoning of the property and the proposed exterior improvement, a Site Ian must be considered in accordance with Zoning Code section 8-010. 6. Oe Planning Commission and City Council considered the proposed Site Plan in accordance ith the B-3, General Business standards of Section 5-250, the performance standards of ection 6-390, and the parking regulations of Chapter 11. 7. Fhe Planning Commission and City Council determined all Site Plan standards have been et, subject to City Council adoption of a code amendment impacting Section 5-240 (15) garding allowed front yard encroachments for outdoor dining areas. 8. Ecordance e Planning Commission and City Council considered the proposed outdoor dining area in with the following proposed conditions of Section 5-240 (15):