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I:\Commissions - NEW FOLDER\Planning Commission\2015\Working Docs\2015.03.17\SP2015-001, NC2015-001 (Bru House) - RESOLUTION.doc 1 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 by Lynn Barton on behalf of The Bru House to permit construction of a drive-thru facility at 1431 – 1441 Silver Lake Road. WHEREAS, the procedural history of the application is as follows: 1. Applications for a Special Use Permit and Nonconforming Use Permit were received on February 26, 2015. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on March 17, 2015 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended approval on March 17, 2015. WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the Special Use Permit (SP2015-001) and Nonconforming Use Permit (NC2015-001): 1. The property is zoned B – 2, Neighborhood Business. 2. The property is guided in the Comprehensive Plan for NB, Neighborhood Business 3. The property is legally described as follows: Lot 8 and the south 50’ of Lot 9, Block 1, Pike Lake Estates, according to the recorded plat thereof, Ramsey County, Minnesota 4. The applicant has proposed to construct a drive-thru lane at the east end of the existing multi- tenant commercial building. 5. The Planning Commission considered the proposal in accordance with Zoning Code Section 11-020(10) which requires approval of a Special Use Permit for drive-thru facilities. 6. The Planning Commission considered the proposed Special Use Permit in accordance with the following standards of Zoning Code Section 11-202(10): a. The drive-thru facility does not negatively impact traffic on public rights-of-way. b. A stacking lane shall be provided with a minimum of four spaces per lane in addition to the number of required parking spaces. c. The stacking lane shall be a minimum of twelve feet wide. d. The vehicle stacking lane shall not extend beyond the street right-of-way line. e. The vehicle stacking lane shall be delineated so that vehicles waiting in line will not unreasonably interfere with the primary driving, entrance, exit, and parking facilities on site. Employee-only designated parking may be considered in an effort to comply with this condition. f. Any pedestrian walkway that is adjacent to or crosses the stacking lane must be marked and clearly indicated with signage or painted crosswalk. g. The drive-thru use may be limited so as not to unreasonably interfere with adjacent and nearby uses. Limits of use may include, but is not limited to, prohibition of certain uses that may be inappropriate due to their demand on parking and stacking needs, such as fast food establishments. h. The following hours of operation shall be imposed: