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RESOLUTION NO. 12-096 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON N MAKING FINDINGS OF FACT AND APPROVING AN OFF-STREET PARKING SPECIAL ANCE AND A SPECIAL USE PERMIT. 7HE AS, an application has been made by New Brighton Parks & Recreation and Silver Tower Sub,,, Inc. — Daniel O'Bresky to authorize an off-street parking special circumstance and a Spe ' 1 Use Permit involving Subway as a tenant at the New Brighton Community Center at 400 10th treet NW, and 1HERIrIAS, the procedural history of the application is as follows: 1. An application for a Special Use Permit was submitted on November 2, 2012. 2. a Planning Commission, pursuant to published and mailed notices, held a public hearing da November 20, 2012 and all present were given a chance to freely speak at the hearing. 3.a Planning Commission recommended approval on November 20, 2012. 4. e City Council considered the request on December 11, 2012. SHE AS, the Planning Commission and City Council make the following Findings of Fact with resptct to the Zoning Code Special Circumstance (ZA2012-002) and Special Use Permit (SP 12-005): 1. e property is zoned B — 4, Downtown Business. 2, e property is guided in the New Brighton 2030 Comprehensive Plan for City Center. 3. er Zoning Code Section 11-040(4), off-street parking requirements may be reviewed on an individual basis based on unique circumstances, when the applicant presents such unique circumstances to the City's satisfaction. 4. a applicant has requested under Zoning Code Section 11-040(4) that additional off-street king not be required at the Community Center in accordance with Subway's proposal to en a sandwich kiosk of approximately 250 SF, based on the following special/unique . The majority of Subway customers will most likely be shared customers who are already visiting the Community Center for other reasons. t. The size and location of Subway within the Community Center is such that existing shared Community Center seating will be utilized and no additional seating will be provided solely for use of Subway customers. . The number of employees for Subway would be negligible when compared to the over 1,000 existing visitors to the Community Center daily (386,000 yearly). d. Subway's hours of operation are hours the Community Center is already open. 5. The Planning Commission and City Council determined adequate information was submitted to justify the special circumstance under Section 11-040(4) and that no additional off-street parking should be required for Subway at the New Brighton Community Center. 6. Fer Zoning Code Section 9-041 the New Brighton Community Center is considered a r ewal area and is thus permitted to adopt a Comprehensive Sign Plan. lX0 CIL\REPORTS\2012\Community DevelopmentU2-11-2012202012-002, SP2012-005 (NB Parks & Rec, Silver Tower Subs) - RESO TION .doc 1