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..... f' .. RESOLUTION No. 01-094 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF SP01- 015. . WHEREAS, an application for a special use permit has been made by Mark and Nancy Moe to construct a front porch addition to their existing home at 1760 19th Street NW. Per Section 4-040 ofthe New Brighton Zoning Ordinance, front porches that encroach upon front yard setbacks are required to have a special use permit; 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 November 2,2001. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on November 20,2001, and all persons present at the hearing were given an opportunity to be heard. 3. The Planning Commission unanimously voted to recommend approval for the Special Use Permit. 4. The City Council considered the proposal at its November 27,2001 meeting; and Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP01.015: 1. The subject site is zoned R-I, single family residential. 2. Porches are a1\owed beyond 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 Permit under Section 8-110-130 and subject to compliance with the following conditions: 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 l?ase ofthe addition is not open and its appearance is consistent with the base of the building. d) The structure shall not exceed 35% ofthe width of the front of the dwelling, excluding the garage, or shall not exceed twelve feet in width, whichever is less. 5. 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 permitted, nor substantia1\y diminish and impair property values within the neighborhood. I:\SHARED\COUNCIL\Rcsolutions\200 1 \Comm. Dev\SP 01_015 MOE Porch.doc