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RESOLUTION No. 99-072 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF SP-214 WHEREAS, an application for a special use permit has been made by Freeway TowinglFuhr Enterprises to construct an office/warehouse facility and impound lot on a newly created parcel of land located at the south end of 5th Street SW. 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 May 28, 1999. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 15, 1999, 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 (Vote: 6-0) 3. On July 20, 1999, the Planning Commission considered a revised site plan, based upon a required change from the Rice Creek Watershed District, and unanimously recommended approval subject to conditions (Vote: 6-0) 4. On July 27, 1999, the City Council considered the application; and Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP.214: 1. The subject site is zoned 1-2, Heavy Industrial. 2. The applicant is requesting a Special Use Permit for outside storage of vehicles and to reduce the parking setback requirement from 40.feet to 20-feet off ofl-35W. 3. The applicant is proposing to construct a 9,320 square foot office/warehouse building. 4. All minimum performance standards have been satisfied. 5. As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find: a. That the establishment, maintenance, or operations of the 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. c. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. e. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located. 6. The proposal meets the criteria listed in Section 8-130 of the New Brighton Zoning Ordinance. I:ISHAREOICOUNC IlIRESOLUTII 1999\99-COISP-214. v.,po