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RESOLUTION No 05-069 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON SOLUTION MAKING FINDINGS OF FACT AND ApPROVING ofSP05-14 & LP05-10 HEREAS, an application for a special use pennit has been made by Mr. Mark Beisswenger to amend the approved special use permit for an outdoor garden sales area. HEREAS, 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 29,2005. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on August 16, 2005 and all present were given a chance to freely speak at the hearing; OW THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP05-14 & LP05-10: 1. The subject site is zoned MX, Mixed Use. 2. The applicant is requesting a Special Use Pennit to construct a general hardware store with an outdoor garden shop. 3. Special uses may be permitted in zoning districts by the City Council where such uses are deemed essential or desirable to the public convenience and welfare, and are in harmony with the various elements or objectives of the comprehensive plan, and if their location, plan, and character of the development are first considered by the Planning Commission following the procedure set forth in the Section 8-130. 4. 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 pennitted, 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. 5. Several concerns were raised at the Planning Commission: a. the proposed 47,687 sq. ft. building was larger than the hardware store standard of 45,000 sq. ft. for the MX district; I:\C JUNCIL\RESOLUTIONSI200S\Com Dev\SPOS-14_LPOS-IO_Beisswenger AMENDMENT No. 2.doc