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i I I , ~. .. I I ~... 1 RESOLUTION NO.9 9 - 0 13 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF SP-21 O. WHEREAS, an application for a special use permit has been made by the Hiawatha Oil (Tank-n- Tummy) to lessen the parking & drive aisle setback requirement of 30 feet in the side street yard to 15 feet per Section 11-020.(f) of the Zoning Ordinance; and WHEREAS, the applicant is proposing to tear down the existing Tank-n- Tummy facility and construct a new convenience grocery/gasoline sales facility including office space, canopy and a car wash; 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 January 26, 1999. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on February 16, 1999, and all persons present at the hearing were given an opportunity to be heard. The Planning Commission considered the special use permit and unanimously recommended approval subject to conditions. (Vote: 5-0) 3. On February 23, 1999, the City Council considered the proposed special use permit; and Now nIEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP-21O: 1. The subject site is zoned B-3, General Business. 2. The applicant is proposing to construct a 3,500 square foot convenience grocery store with a 32 x 125 foot canopy over S gas pumps. The office space, in which Hiawatha Oil is going to be located, is 1,600 square feet, and the car wash is 900 square feet in size. 3. Section 11-020.(f) of the New Brighton Zoning Ordinance allows a side street setback to be lessened from the 30 foot setback requirement to 15 feet subject to approval of a Special Use .: Permit. 4. The side street setback in this instance is toward the on ramp for Interstate-35W. 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. I 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. 1:\SHAREDlCOUNCILIRESOLUTI\1999\99-CDISP-210.WPD