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RESOLUTION NO. 10-052 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />ION APPROVING AN AMENDMENT TO PREVIOUSLY APPROVED SPECIAL USE <br />SP2009-007. <br />:As, an application has been made by Larry Zipkin on behalf of Champp's <br />urant to authorize the wrought iron ornamental railings on top of the outdoor dining <br />wall to be excluded from the approved plans. <br />[EREAS, the procedural history of the application is as follows: <br />1. The City Council adopted Resolution 09-068 on October 24, 2009 approving <br />SP2009-007, which was essentially a re -approval of SP2007-001 and SP2008-008, <br />permitting construction of an outdoor dining patio. <br />2. The applicant submitted a request for an amendment to the approved plans by <br />submitting a letter dated July 29, 2010. <br />3. Pursuant to published and mailed notice, the Planning Commission held a public <br />hearing on August 17, 2010 to consider the proposed amendment to the Special Use <br />Permit. <br />4. The Planning Commission considered the request on August 17, 2010 and <br />recommended approval of the request due to the following: <br />a. The proposed railing element would not provide for any added screening benefit <br />for the general public. <br />b. The stone wall as constructed is an attractive, higher quality material where <br />additional screening isn't necessary. <br />c. Per Zoning Code Section 5-240 (15) the existing patio wall provides for <br />adequate screening. <br />THEREFORE BE IT RESOLVED, the request for an amendment to SP2009-007 is <br />by approved, subject to the following condition: <br />The applicant is permitted, at a future date, to implement a decorative railing option <br />on top of the outdoor dining patio wall without having to obtain approval of an <br />additional amendment to SP2009-007. <br />A.- ajers, Director of Finance <br />ipor3 Services/ City Clerk <br />—�' <br />Dave Ja sen, Mayor <br />Dean R. Lotter, <br />