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.: 1 . RESOLUTION NO.98 -051 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF SP-204. WHEREAS, an application for a special use permit has been made by the Howard Hermann to construct a 26 x 45 foot canopy along Old Highway 8 and a 24 x 20 foot canopy along 5th Street NW. Said canopies are to be set ten (10) feet back from each road right-of-way; and 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 March 25, 1998. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on April 21, 1998, and all persons present at the hearing were given an opportunity to be heard. 3. On April 28, 1998, the City Council considered SP-204. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP-204: I. The subject site is zoned B-3, General Business. 2. The applicant is proposing to construct a 26 x 45 foot canopy along Old Highway 8 and a 24 x 20 foot canopy along 5th Street NW. 3. Each canopy is to be set ten (10) feet back from the road right-of-way. 4. Section 5-250 of the New Brighton Zoning Ordinance alIows service station canopies with setbacks of between 10 feet and 30 feet in front yards and side street yards on comer lots may be permitted by special use permit. 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 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. 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 shaH, in all other respects, conform to the applicable regulations of the district in which it located. G:ICDI-98-CCIRESOISP-204,WPD