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RESOLUTION NO. 11-074 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON MAKING FINDINGS OF FACT AND APPROVING A SPECIAL USE PERMIT. XAS, an application has been made by Al Westfall on behalf of Grace Point Church to allow truction of a 12' fence when 6' is normally allowed on a property located at 2351 Rice k Road, and JHE AS, the procedural history of the application is as follows: 1. n application for a Special Use Permit was received on June 6, 2011. 2. he Planning Commission, pursuant to published and mailed notices, held a public hearing July 19, 2011 and all present were given a chance to freely speak at the hearing. 3. 1rhe Planning Commission voted to recommend approval on July 19, 2011. 4. he City Council considered the request on July 26, 2011. /HE As, the Planning Commission and City Council make the following Findings of Fact with respcct to the Special Use Permit (SP2011-011): 1. he property is zoned R — 1, Single Family Residential. 2. he property is guided in the Comprehensive Plan for P -QP, Public & Quasi Public. 3. he applicant is proposing to construct a 12' fence in the rear yard when a 6' fence is anally allowed so as to prevent errant balls from entering the church parking lot and aging property. 4. rooning Code Sections 4-540 (3) (F) and Section 8-130 provide for certain findings that must et in order to approve a special use permit for a fence taller than 6'. 5. Planning Commission and City Council reviewed the proposal in accordance with ing Code Section 4-540 (3) (F), which allows fences for special purposes and fences ffering in construction, height, length, or location from the requirements of Section 4-540 on finding that such special purpose fence: Are necessary to protect and buffer the premises for which such fences are intended or adjacent fences are intended for adjacent premises. Would not be deleterious to adjacent property nor to the general public health, safety, or welfare. Would be consistent with the intent and purpose of the fence regulations as stated in Section 4-540 (1) of the Zoning Code. 6. a Planning Commission and City Council reviewed the proposal in accordance with the llowing Special Use Permit conditions of Zoning Code Section 8-130: 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. 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. 1\Community Developmmt\7-26-2011\SP2011-011(Gmce Point Cbumh)-RESOLUTION.doc 1