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i!.l. ~ .~ RESOLUTION No. 99 - 0 58 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF SP-2] 3 WHEREAS, an application for a special use permit has been made by Hollywood Video to construct a store at the northeast comer of Silver Lake Road and Rice Creek Road; 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 27, ]999. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 15, ] 999 and unanimously recommended approval subject to conditions (Vote: 6-0). All persons present at the hearing were given an opportunity to be heard. 3. On June 22, ]999 the City Council considered the proposed Special Use Permit. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP-213: 1. The subject site is zoned B-3, General Business. 2. The applicant is requesting a Special Use Permit to reduce the parking setback requirement from 30-feet to 15-feet off of Rice Creek Road. 3. The applicant is proposing to construct a 5,026 square foot building for video rental. 4. All minimum performance standards have been satisfied. 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 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. 6. The proposal meets the criteria listed in Section 8-130 of the New Brighton Zoning Ordinance. BE IT FURTHER RESOLVED, the application SP-213 & LP-355 is hereby approved subject to the following conditions. 1. The building and parking lot be shifted 5-feet to the west to meet the 30-foot setback requirement on the east side of the lot. "ISHAREDlCOUNCILIRESOLUTI11999199-CDlSP.213.WPO