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" .. RESOLUTION NO.93-096 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT SP-179. WHEREAS, an application for a special use permit has been made by New Brighton Amoco to allow for the construction of a service station canopy 10 feet from the Silver Lake Road right-of-way; and WHEREAS, the procedural history of the application is as follows: 1. An application for a special use permit, SP-179 was filed with the City of New Brighton on July 2, 1993. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on July 20, 1993, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered SP-179 at its July 27, 1993, meeting. NOW, THEREFORE, BE IT RESOLVED the City Council makes the following Findings of Fact in respect to SP-179: 1 . 2. 3. The subject site is zoned B~3, General Business. A service station canopy with a setback between 10 and 30 feet from the right-of-way line is a special use in the B-3 district. New Brighton Amoco currently occupies the site and wishes to construct a 32 x 50 foot service station canopy on site. The proposed canopy would be setback 10 feet from the Silver Lake Road right-of-way. The subject site is a corner lot which lost site area to the widening of Silver Lake Road thus reducing the buildable area of the site. The applicant proposes increasing the effectiveness of the screen to the north, thereby reducing the impact of the service station and canopy on the townhouse development adjacent to the north. The establishment, maintenance or operations of the special use will not be detrimental to or endanger the public health, safety, morals, or comfort of the general public. 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. 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. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The special use shall in all other respects, conform to the applicable regulations of the district in which it is located. 4. 5. 6. 7. 8. 9. 10. 11. BE IT FURTHER RESOLVED, the application SP-178 is hereby approved subject to the following conditions: 1 . Conformance and adherence to all standards for special use permits as pertains in Section 8- 110 and 8-130 of the New Brighton Building Code. Approval of LP-277 and NC-92. Adopted this 27th day of July, 1993. 2. ATTEST:~ M~~ Finance Director/City Clerk w: Barbara Jaa (SEAL)