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• RESOLUTION NO. 10 - STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SPECIAL USE PERMIT AND NONCONFORMING USE PERMIT. WHEREAS, an application has 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 located at 2738 17th Terrace NW. WHEREAS, the procedural history of the application is as follows: 1. An application for a Special Use Permit and Nonconforming Use Permit were received on March 29, 2010. 2. The Planning 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 hearing. 3. The Planning Commission recommended approval on April 20, 2010. 4. The City Council considered the request on April 27, 2010. WHEREAS, the Planning Commission and City Council make the following Findings of Fact with respect to the Special Use Permit (SP2010-003) and Nonconforming Use Permit (NC201 0-00 1): 1. The property is zoned R-1, Single Family Residential. 2. The property is guided in the Comprehensive Plan for Low 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, Minnesota 4. The applicant has proposed to construct an enclosed front entry, measuring 5' x 12', at a setback of 25' when 30' is normally required but 24' is allowed by special use permit. 5. The Planning Commission and City Council considered the proposed Special Use Permit in accordance with Zoning Code Section 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 roof 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 and City Council reviewed 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. I:\COUNCIL\REPORTS\2010\Community Development\4-27-2010\SP2010-003, LP2010-001 (Hoel) - RESOLUTION.doc