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~ ~ ! ! , I ...., J RESOLUTION No. 98-080 CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND DENIAL OF SP-206. WHEREAS, an application for a special use permit has been made by the City of Minneapolis to temporarily store 70,000 cubic yards offill for the purpose of depositing the fill on the completed underground water storage reservoir; 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 July 29, 1998. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on August 18, 1998, and all persons present at the hearing were given an opportunity to be heard. The Planning Commission recommended denial of SP-206 based upon the negative impacts caused by the project on the adjacent residential properties. (Vote: 4-0, 1 abstention) 3. On August 25, 1998, the City Council considered SP-206. Now THEREFORE BE IT RESOLVED, the City Council hereby makes the following Findings of Fact in respect to SP-206: 1. The subject site is zoned R-l, Single Family Residential. 2. The applicant is proposing store 70,000 cubic yards offill for 24-30 months. 3. It will take 67 days at 61 truck trips per day to haul in the 70,000 cubic yards of fill. 4. The purpose of the request is to spread out the number of truck trips over a 24-30 month period, rather than concentrating the activity to 67 continuous days. 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 proposed activity will have a negative impact on the adjacent residential property to the west. Said proposal shall cause unnecessary dust and noise from bull dozers, caterpillars and other truck activity adjacent to the residential property for a period of up to 30 months. G:ICDl.98-CCIRESOISP-206D,WPD