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~ ,.. ,.. ! RESOLUTION No. 00-057 CITY OF NEW BRIGHTON RESOLUTION MAKINO FINDINGS OF FACT AND DENIAL OF SPOO-8 & NCOO-4. WHEREAS, an application for a special use permit and nonconforming use permit has been made by Bob Smith to allow gasoline sales and a car wash in conjunction with a convenience store to be located at 2350 Palmer Drive; and WHEREAS, the procedural history of the application is as follows: 1. Applications for a special use permit, nonconforming use permit and setback variance were filed with the City of New Brighton on June 2, 2000. 2. The applicant withdrew a variance request, and submitted revised plans on June 16,2000. 3. The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 20, 2000, and all persons present at the hearing were given an opportunity to be heard. The Planning Commission recommended denial ofSPOO & NCOO-4 (Vote: 5-1). 4. On June 27, 2000, the City Council considered the subject applications; and Now THEREFORE BE IT RESOLVED, the New Brighton City Council makes the following Findings of Fact in respect to SPOO-8 and NCOO-4: 1. The subject site is zoned B-3, General Business. 2. The applicant is proposing to provide gasoline sales and a car wash in conjunction with a convenience store. 3. Gasoline sales are a use allowed by special use in the B-3 District. 4. The proposed uses will increase the number of daily trips to and from the site, and will increase the hours of operation of the site to 24 hours, thereby increasing the adverse impact of traffic, noise, and fumes on the residential property to the north. 5. The proposed canopy and lighting would be visible from adjacent properties due to the elevated nature of the townhomes to the north. Such increased lighting, which will be on all night, would adversely affect the quiet el\ioyment of adjacent and nearby residential properties and would be incompatible with such uses. 6. The proposed use would create fumes which would detract from the enjoyment and use of nearby residential properties. 7. The addition of fuel pumps would substantially increase the outdoor activities on the site. Noises associated with such a use such as hoods and car doors slamming, voices, vehicle motors, maneuvering of vehicles, and delivery trucks, would increase the adverse impact of the use of the subject property on adjacent and nearby residential properties, particularly early in the morning and late at night. 8. The proposed use is incompatible with adjacent and nearby residential uses. 9. The nuisance characteristics of the proposed use described above will tend to reduce property values of adjacent and nearby residential properties, cause a disincentive to reinvestment. 10. Given the foregoing findings, the Planning Commission concludes that the applicant has not established that the following standards of Section 8-130 are met: a. That the establishment, maintenance, or operations ofthe special use will not be detrimental to or endanger the public health, safety, morals, comfort of general public. b. 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. ; j 1:ISHAREOICOUNCILIResolutions12000\cdlSPoo.&t wpd