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RESOLUTION PLANNING COMMISSION CITY Or NEW BRIGHTON RESOLETION MAKING FINDINGS OF FACE ANO RECOMMENDING APPROVAL OF A SPECIAL USE PERM R AND NONCONFORMING USE PERMIT. WHEREAS, an application hes been made by David and Susan Hoel to permit construction of a enclosed front entry, measuring 5' x 12'3, within the required 30' setback on property locatd at 2738 17R Terrace NW. WHEREAS, the procedural history of the application is as follows: 1. An application for a Special Use Perrnit aM Nonconforming Uxe Permit were received on March 29, 2010. 2. The Plamda g Commission, pursuant to published and mailed notices, held a public hearing on April 20, 2010 and all present were given a chance to freely speak at the (rearing. 3. The Plamwrg Conmrmionrxconunelydedaypi�vdun Apri120,2010. WHEREAS( the Planning Commission makes the following Findings of Fact with respect m the Special Use Pounds (SP20I0-003) and Nonconforming Use Permit (NC2010-001): 1. The property is zoned R-1, Single Family Residential. 2. The property is guided in the Comprehensive Plan for Law Density Residential. 3. The property is legally described As follows: Lot 7, Block 6, OAKWOOD MANOR TERRACE PLAT 2, according to the recorded plat thereof, Ramsey County, Mimlesms, 4. The applicant has proposed m construct an enclosed front entry, measuring 5' x 12' 3", at a setback of 25' when 30' is normally requirN but 24' is allowed by special use permit. 5. The Planning Commission considered the proposed Spocial Use Permit in accordance with Zoning Code Saxon 4-530 (1) (K) which requires that the entryway meet 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 used of the principal structure (dwelling) on the property. c. The base of the addition is not open and its appearance is consistent with the base of the building. d. The structure: shall not exceed 35% of the width of the front of the dwelling, excluding the garage, or shall not exceed twelve feet in width, whichever is less. 6. Further, the Planning Commission reviewN the proposal in accordance with the following Special Use Permit conditions of Zoning Code Section 8-130: a That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. b. That the special use will not be injurious to the use and enjoyment of other properly m the immediate vicinity for the purposes already perrmned, nor substantially diminish and impair property values within the neighborhood. I Imm0cm on n-ReeomT10ow,.