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RESOLUTION PLANNING COMMISSION CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A SPECIAL USE PERMIT AND NONCONFORMING USE PERMIT. WHEREAS, an application has been made Todd Martenson to permit construction of a detached garaged exceeding 624 square feet on property located at 703 4th AVE NW. WHEREAS,the procedural history of the application is as follows: 1. Applications for a Special Use Permit and Nonconforming Use Permit were received on March 30, 2013. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 18, 2013 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended approval on June 18, 2013. WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the Special Use Permit(SP2013-004) and Nonconforming Use Permit (NC2013-003): 1. The property is zoned R-1, Single Family Residential. 2. The property is guided in the Comprehensive Plan for Low Density Residential. 3. The property is legally described as follows: Lots 16 and 17, Block 4, Second Addition to New Brighton 4. The applicant has proposed to construct a detached garage of 952 square feet. 5. The Planning Commission considered the proposal in accordance with Zoning Code Section 4-530 (1) (E) which requires approval of a Special Use Permit for any accessory building in excess of 624 square feet. 6. The Planning Commission considered the proposed Special Use Permit in accordance with Zoning Code Section 4-530 (1) (K) which requires that the detached garage meet the following conditions: a. Roof and exterior color and material must be consistent and complimentary with the principal structure. b. If deemed necessary by the City Council, landscape screening shall be provided to lessen visual impact from adjacent properties. c. No commercial or home occupation activity shall be conducted within the accessory building. 7. The Planning Commission reviewed the proposal in accordance with the following Special Use Permit conditions of Zoning Code Section 8-130: a. 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. 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. 1:\COMMISSIONS\PLANNING\Reports\2013\6-18-2013\SP2013-004,NC2013-003(Martenson)-RESOLUTION.doc 1