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<br />~ <br /> <br />:e <br /> <br />e <br /> <br />e <br /> <br />9. As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall <br />be recommended by the Planning Commission unless such shall find: <br />a. That the establishment, maintenance, or operations of the special use will not be <br />detrimental to or endanger the public health, safety, morals, comfort of general public. <br />b. That the special use will not be injurious to the use and enjoyment of other property in <br />the immediate vicinity for the purposes already permitted, nor substantially diminish <br />and impair property values within the neighborhood. <br />c. That the establishment of the special use will not impede the normal and orderly <br />development and improvement of the surrounding property for uses permitted in the <br />district. <br />d. That adequate utilities, access roads, drainage and/or necessary facilities have been or <br />are being provided. <br />e. That the special use shall, in all other respects, conform to the applicable regulations <br />of the district in which it located. <br />10. The proposed uses have been found to meet the above criteria. <br /> <br />BE IT FURTHER RESOLVED, that based upon the above findings of fact the application SPOO-IO is <br />hereby approved subject to the following conditions: <br /> <br />I. The applicant shall construct a 6-foot tall wood fence on the north side of the existing <br />driveway within the unimproved right-of-way. <br />2. The framing material of the fence shall be placed on the applicant's side of the fence. <br />3. In the event the City requires removal ofthe fence in the future for any purpose related to <br />the dedication of the right-of-way for street and related purposes, the land owner shall <br />remove the fence at no cost to the City of New Brighton. <br />4. The City does not represent or warrant, and makes no findings that the applicant has any <br />legal rights in the land on which the applicants propose to construct the fence. <br />5. The fence shall not be located closer to 220d Avenue NW than the existing fence on the <br />property to the north of the subject site. <br /> <br />Adopted this 25th day of July, 2000. <br /> <br /> <br />~ <br />-, <br /> <br />~ City Manager <br /> <br />j - <br /> <br />A TTEBJ: <br /> <br /> <br /> <br />.~ ClelidFinance Director <br /> <br />(SEAL) <br /> <br />1:ISHAREOICOUNCILIR"soluti')n912OOO1cd\SPQO. 1 O. wpd <br />