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... :[ e e e :~. I, ; : RESOLUTION No. 00-070 CITY OF NEW BRIGHTON . RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF SPOO-1 O. WHEREAS, an application for a special use permit has been made by Scott Sanville & Stefanie . Prokopiuk to construct a 6-foot wooden fence in the front yard. The subject property is addressed off 'of Old Highway 22nd Avenue (744 - 22nd Ave. NW); 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 June 25, 2000. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on July 18, 2000, and all persons present at the hearing were given an opportunity to be heard. The Planning Commission unanimously recommended approval of the request subject to conditions. 3. The City Council considered the proposed special use permit at its July 25th, 2000 meeting; and Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in ; : respect to SPOO-l 0: ; ! 1. The subject site is zoned R-I, Single Family Residential. 2. Within a front or street yard, fences may not exceed 3'1/2 feet in height and shall have at least 75% of the vertical surface plane open. 3. Section 4-540 of the New Brighton Zoning Ordinance, states that the above requirement may be increased by special use permit if designated as a "Fence for special purpose", and meets certain conditions. 4. As specified in Section 4-540.c.6 ofthe New Brighton Zoning Ordinance, fences for special purposes and fences differing in construction, height, length, or location from the requirements of this section may be permitted by the issuance of a special use permit subject to the following: a. Such special purpose fence is necessary to protect and buffer the premises for which such fences are intended b. Special purpose fences shall not be detrimental to at:ijacent property, nor to the general public health, safety, or welfare. c. Special purpose fence shall not be inconsistent with the intent and purpose of these fence regulations. d A special purpose fence permit, if issued, may stipulate and provide for the height, location, and construction type of special fence thereby permitted or any other condition deemed necessary to protect the public health, safety, and general welfare. 5. The purpose of the proposed special purpose fence is to provide an aesthetic upgrade of the existing driveway and provide for screening and security. 6. The fence will be a 6-foot tall wooden privacy type fence on the north side ofthe existing driveway located within a 30-foot unimproved street right-of-way. 7. This 30-foot street right-of-way ends at the Highview Elementary School, and is not likely to be improved in the near future. 8. The City does not represent or warrant, and makes no findings that the applicant has any legal rights in the land on which the applicants propose to construct the fence. 1:\$HAREDlCOUNCIL IResoJullonl12OOO1cd1SPQO-1 d. wpd