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I: I RESOLUTION No. 99-030 CITY OF NEW BRIGHTON R!tSOLUTION MAKING FINDINGS OF FACT AND DENIAL OF AN OFF-SALE LIQUOR LICENSE AND WAIVER OF SEC1TION 4-9 OF THE CITY CODE TO ALLOW AN OFF-SALE LIQUOR LICENSE WITHIN 400 FEET FROM A CHUR~SCHOOL. WHEREAS, an application for a Liquor License has been made by David Anton and Tim Gable tQ ioperate an off-sale liquor store within 400 feet from a Church; and WHEREAS, a the subject property is located at 570 Old Highway 8 NW; and : . WHEREAS, the City Council, pursuant to published and mailed notices, held a public hearing on March 23, 1999, and all persons present at the hearing were given an opportunity to be heard; and , Now, THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to the proposed Liquor License: 1", The subject site is zoned B-3, General Business. 2~' Off-sale liquor stores are a permitted use within the B-3 Zoning District. 3., ' Section 4-9 of the City Code states that no liquor license shall be granted to a premises with a i property line within four hundred (400) feet of the property line of any public or parochial school or church in the City, unless a finding can be made that the location of said license is not unduly detrimental to the public health, welfare and safety of the citizens of New Brighton. 4,; The subject site is located 350 feet from the property line of the Korean Methodist Church, therefore, is within the 400-foot requirement. 5. The following Type IV nonconformity exist's on the subject site: The existing setbacks for the parking area and drive aisles do not meet the required forty (40) foot setback off of Old Highway 8. 6~ The proposed use requires a minimum of seven (7) off-street parking stalls under the provision of Section 11-020 of the City Code. The subject property contains just three (3) off-street parking stalls. 7 J The proposed 1,500 square foot off-sale liquor store will generate a need for more than the existing three (3) off-street parking stalls. 81 There is no area on the subject property in which parking stal1s can be added to meet the minimum Code requirement of seven (7) off-street parking stalls. 9; The existing use of the property is a warehouse facility which serves the adjacent property to the north (EZ Stop Convenience Gasoline Station). A warehouse facility of this size (1,500 square feet requires a minimum of one (1) parking stall. 1 (). Because of inadequate parking, location of a retail liquor store at this location would extend the impacts of parking and pedestrian use to nearby streets and private properties and would be detrimental to public health safety and welfare.