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P – Final DD Plan (color site plan) <br /> <br />FINDINGS <br />Section 4-030 (1). Special Permit Uses in an R-1 District. <br />Section 8-130. Special Use Standards. <br />Section 8-210. Variance. <br /> <br />SITE CHARACTERISTICS <br />Location: NW Corner of 7th ST NW & 11th AVE NW <br />Lot Size: 187,321 SF (4.30 Acres) <br />Topography: Generally flat <br />Comprehensive Plan Designation: P-QP, Public & Quasi-Public <br />Zoning: R – 1, Single Family Residential <br />Surrounding Land Uses: <br /> North: 8th ST NW, single family homes <br /> South: 7th ST NW, single family homes <br /> East: 11th AVE NW, single family homes <br /> West: various multi-family residential complexes <br /> <br />SPECIAL USE PERMIT ANALYSIS <br />Zoning Code Section 7-030 (1) lists churches and similar public uses as specially permitted uses <br />in the R – 1, Single Family Residential zoning district. The cemetery pre-dates current zoning, <br />or even adoption of New Brighton’s first Zoning Code, thus staff was not able to locate an <br />existing Special Use Permit on file. Because the proposed improvements include the additional <br />of structures, staff has required the applicant to secure a Special Use Permit. <br /> <br />All special uses must be reviewed against the general health, safety, and welfare standards of <br />Zoning Code Section 8-130 (analysis below). Additionally, Section 4-030 (1) requires an <br />additional standard that states “no structure shall be nearer than thirty feet to any R-1 or R-2 lot <br />line”. The Columbaria are located 15.5’ from the eastern, north-south side lot line where R-1 <br />uses are abutting. The applicant has requested a Variance to this standard (discussed in the <br />Variance Analysis section of this report). <br /> <br />Zoning Code Section 8-130 states that “no special use shall be recommended by the Planning <br />Commission unless it shall find (staff responses in italics): <br /> <br />(1) That the establishment, maintenance, or operations of the special use will not be detrimental <br />to or endanger the public health, safety, morals, comfort or general welfare. <br /> <br />Staff finds this criterion to be met. The proposed Cremation Garden will not endanger the <br />public health, safety, morals, comfort or general welfare, certainly not beyond the current <br />use of the property. The Cremation Garden is consistent with the current use of the property <br />and the improvements will enhance the area. <br /> <br />(2) That the special use will not be injurious to the use and enjoyment of other property in the <br />immediate vicinity for the purposes already permitted, nor substantially diminish and impair <br />property values within the neighborhood. <br /> <br />Staff finds this criterion to be met. Activity related to the special use will not be injurious to