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. I I, ; ~ ~. RESOLUTION No. 02-049 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND ApPROVING SP02-002 and LP02-00S. WHEREAS, an application for a special use permit has been made by the City of New Brighton to add 140 feet in length onto an existing 16 foot high, 130 foot fence located north of the 8th tee box and failWay of Brightwood Hills Golf Course; and WHEREAS, the procedural history of the application is as follows: 1. An application for a special use permit was filed with the City of New Brighton on May 1, 2002. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on May 21, 2002 and all present were given a chance to freely speak at the hearing; and, ,: Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP02-002 & LP02-005: 1. The subject site is zoned R-l, Single Family Residential. 2. The applicant is requesting a Special Use Permit to add 140 feet to an existing 16 foot fence. 3. The Planning Commission held a Public Hearing on May 21,2002 and all present were given an opportunity to be heard. 4. Under Section 4-540, fences for special purposes and fences differing in construction, height, length, or location from the requirements of the Code may be permitted in any district in the Cityupon a finding that such special purpose fences: a. Are necessary to protect and buffer the premises for which such fences are intended or adjacent fences are intended for adjacent premises; and b. Would not be deleterious to adjacent property nor to the general public health, safety, or welfare; and c. Would be consistent with the intent and purpose of the fence regulations as stated in Section 4-540 (1) of the Zoning Code. 5. The Planning Commission found that the special purpose fence standards met. 6. As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission 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 pennitted, 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 pennitted in the district. I: \5 H 1\ R Emeo U NC r L \Rcso I uti 011$\21 H)2'Comm Dc\' \SP02-002J_ POl -00:',.. B ri gh tWQod Hill s Fence. doc