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RESOLUTION NO. <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF SP-204. <br />WHEREAS, an application for a special use permit has been made by the Howard Hermann to <br />construct a 26 x 45 foot canopy along Old Highway 8 and a 24 x 20 foot canopy along 5th Street NW. <br />Said canopies are to be set ten (10) feet back from each road right-of--way; and <br />WHEREAS, the procedural history of the application is as follows: <br />1. An application for a special use permit was filed with the City of New Brighton on March <br />25, 1998. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on April 21, 1998, and all persons present at the hearing were given an opportunity to be <br />heard. <br />NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following Findings of <br />Fact in respect to SP-204: <br />1. The subject site is zoned B-3, General Business. <br />2. The applicant is proposing to construct a 26 x 45 foot canopy along Old Highway 8 and a 24 <br />x 20 foot canopy along 5th Street NW. <br />3. Each canopy is to be set ten (10) feet back from the road right-of--way. <br />4. Section 5-250 of the New Brighton Zoning Ordinance allows service station canopies with <br />setbacks of between 10 feet and 30 feet in front yards and side street yards on corner lots <br />may be permitted by special use permit. <br />5. As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall <br />be recommended by the Planning Commission unless such shall find: <br />a. That the establishment, maintenance, or operations of the special use will not be <br />detrimental to or endanger the public health, safety, morals, comfort of general public. <br />b. That the special use will not be injurious to the use and enjoyment of other property in . ~. _ <br />the immediate vicinity for the purposes already permitted, nor substantially diminish <br />and impair property values within the neighborhood. <br />c. That the establishment of the special use will not impede the normal and orderly <br />development and improvement of the surrounding property for uses permitted in the <br />district. <br />d. That adequate utilities, access roads, drainage and/or necessary facilities have been or <br />are being provided. <br />e. That the special use shall, in all other respects, conform to the applicable regulations <br />of the district in which it located. <br />G:\CD\-96-PC\9&RES1S P-204. WPD <br />