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<br />..,.......ur <br /> <br />'!1{" <br />~lJ <br /> <br />// <br /> <br />~ <br /> <br />o <br /> <br />II <br />I <br /> <br />RESOLUTIO~ NO <br /> <br />STATE OF MINNESOTA <br />,COUNTY OF RAMSEY <br />CITY Of NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDING~OF FACT <br />SPECIAL USE PERMIT! S~-91<:~'c'J,: . <br /> <br />.' <br />WHEREAS, An application fora special use perm t, SP-91 has <br />been made by Dr. Carl E.Christenson ~o permit the constructio'1 <br />of a tennis court in the side and front xard$~ and '.. <br /> <br />WHEREAS, The procedural history of the application is as <br />follows: ' <br /> <br />1 . That an a p p 1 i cation f 0 rs p e cia 1 use perin i t ~ 'S P - 91 was <br />filed with the City of New Brighton or'! May 1, 1980, <br />2. That such application was reviewed by the New Brighton <br />Planning Commission Board of Review on May 20, 1980. <br />3. That the City Council,' pursuant 'to published andmaileQ <br />notices, held a public hearing on May 27, 1980, all . <br />person's present at the hearing were given an Opportunity <br />t ob e heard... ' .. , . <br />4. The written comments and analysis of the City staff, the <br />Planning Commission minutes and recommendali9n$-~ere <br />considered;,. <br /> <br /> <br />II <br />Ii <br />II <br />i <br />I <br /> <br />i <br />I <br />II <br />I, <br />f: <br />Ii <br />l! <br />,I <br />I <br />I <br />! <br />;1 <br />II <br />:1 <br />~ i <br />I <br />I <br />'1 <br />;1 <br />11 <br />:j <br />11 <br /> <br />NOW THEREFORE BE IT RESOLVED, That the New Brighton City <br />Council makes the following Findings of Fact in r~spect to SP-9~ <br />. , <br />1. That the property is'zoned R..,l, Single FamilY Resid-ential: <br />2. .That the tennis court is accessory to a permitted <br />principal USe and located in the side ~nd front yards; <br />3. That because of the'natura1features and flood plain.' <br />the ,tennis co~rt'cannot be located in the rear yard;' <br />4. Thatth~ fence is neCessary to protect'adjacent properties <br />and to provide for the functional use of the tennis court;i <br />5. That .the proposal would not be deleterious to adjacent ;, <br />property; nor toth~,'general public h'ealtht~afefY or <br />we 1 fa r e ; , and. ., ' . '. . '. <br />6. That the tennis court and fence is consistent with the <br />intention of Se~tionll-090 and Section 13~Q50-~~ of the <br />New Brighton Zoning' Code~ . r... " <br />7. That the existing and future property 'owner()f the . <br />property to the west of the proposal have given'written <br />permission in regard t6 the location of the tennis co~rt. <br /> <br />BE IT FURTHER RESOLVED, That theapplicatio~ SP-9l is and <br />hereby approved subject to the following conditions: <br /> <br />1. That the tennis court is constructed in the location <br />depicted on the site plan; .' <br />2. That the fence not exceed 10 feet in height ~nd be con- <br />structed of chain link materials; and <br />3. That a grading plan is approved by the City Engineer. <br /> <br />Adopted this <br /> <br />day of <br /> <br />1980. -. <br /> <br />James W. Senden, Maypr <br /> <br />:-;,.. <br /> <br />ATTEST: <br /> <br />De r n~':: c. 7 y 11.1 r it y ~... n .'HF' r <br /> <br />.~ <br />