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RESOLUTION PLANNING COMMISSION CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A SPECIAL USE PERMIT. WHEREAS, an application has been made by Al Westfall on behalf of Grace Point Church to allow construction of a 12' fence when 6' is normally allowed on a property located at 2351 Rice Creek Road, and WHEREAS,the procedural history of the application is as follows: 1. An application for a Special Use Permit was received on June 6, 2011. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on July 19, 2011 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission voted to recommend approval on July 19, 2011. WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the Special Use Permit(SP2011-011): 1. The property is zoned R— 1, Single Family Residential. 2. The property is guided in the Comprehensive Plan for P-QP, Public & Quasi Public. 3. The applicant is proposing to construct a 12' fence in the rear yard when a 6' fence is normally allowed so as to prevent errant balls from entering the church parking lot and damaging property. 4. Zoning Code Sections 4-540 (3) (F) and Section 8-130 provide for certain findings that must be met in order to approve a special use permit for a fence taller than 6'. 5. The Planning Commission reviewed the proposal in accordance with Zoning Code Section 4- 540 (3) (F), which allows fences for special purposes and fences differing in construction, height, length, or location from the requirements of Section 4-540 upon finding that such special purpose fence: a. Are necessary to protect and buffer the premises for which such fences are intended or adjacent fences are intended for adjacent premises. b. Would not be deleterious to adjacent property nor to the general public health, safety, or welfare. c. Would be consistent with the intent and purpose of the fence regulations as stated in Section 4-540 (1) of the Zoning Code. 6. The Planning Commission reviewed the proposal in accordance with the following Special Use-P-ermit_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. 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. 1:\COMMISSIONS\PLANNING\Reports\2011\7-19-2011\SP2011-011(Grace Point Church)-RESOLUTION.doc 1