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I' 1'1 7. 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 pennitted 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 is located. 8 The Planning Commission held a public hearing, reviewed the Special Use Permit with regard to the automotive repair use and found the above criteria to be satisfied and recommended approval to the City Council. 9 The Planning Commission held a public hearing, reviewed the Special Use Permit with regard to the automotive sales use and found the above criteria to be satisfied when the site plan was revised in accordance with attached Exhibit A, and recommended approval to the City Council. I The City of New Brighton Zoning Ordinance Section 6-060 requires a 15' side yard building setback, where the applicant has proposed a 13' side yard building setback. I The City of New Brighton Zoning Ordinance Section 11-020 and 11-030 requires a 40' front yard parking setback and 16 parking stalls respectively, where the applicant has proposed a 36.5' front yard parking setback and 14 parking stalls. 1 Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of the City of New Brighton Zoning Ordinance, the Council shall have the power, in a specific case, to permit a variance from the provisions of this ordinance. The crucial points of the variance are: a. Undue hardship b. Unique circumstances c. Conformance with the Comprehensive Plan d. Variance shall not be detrimental to adjacent property or to the public has a whole 1 The Planning Commission and Council found that all variance criteria could not be met. 1 The Planning Commission and Council found that inclusion of two similar uses on a single property, consisting of a Special Use Permit for automotive repair and automotive sales, presents additional constraints whereby the site cannot function properly when variance approval is part of the development proposal. I The Planning Commission and Council found that the site plan can be revised to eliminate the need for the requested variances, as depicted on attached Exhibit A. Now TH REF ORE BE IT RESOLVED, that based upon the above findings of fact the application for iances (VN2006-00 1) is hereby denied and the applications for a Site Plan Review \REPOR TS\2006\Community DeveJopment\06-27-2006\SP2006-008, VN2006-001, LP2006-003 (Zaytsev) RESOLUTION.doc 2