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/If ~ 'J RESOLUTION No. 01-077 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND ApPROVAL OF SP 01-13, AND LP 01-12. WHEREAS, an application for a Special Use Permit was applied for a School use in a R-l Zoning District by Independent School District at 2070 County Road H; and WHEREAS, the procedural history of the application is as follows: 1. An application by Independent School District #621 for a special use permit, and site plan was filed with the City of New Brighton on August 31, 2001. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on September 18, 200 I; and all persons present at the hearing were given an opportunity to be heard. 3. The Planning Commission voted unanimously to approve the Special Use Permit and Site Plan with conditions. 4. The City Council considered the application on September 25,2001. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP 01-13, AND LP 01-12: 1. The subject site is zoned R-I, Single Family Residential. 2. 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 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. e. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located. 3. The proposed uses have been found to meet the above criteria; and BE IT FURTHER RESOLVED, the application SP 01-13, AND LP 01-12 is hereby recommended for approval subject to the following conditions: I. Approval of a final grading and drainage plan by the city engineer. 2. Approval by Rice Creek \\7 atershed District. I;\SHAREDICQUNCIL IResolulionsI2001ICo0', ... ..LP01-12 Sunnyside RESQLUTION.wpd