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. . ~ I I I I I I , i I ; i i i , I I I i I I RESOLUTION NO STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND DENYING APPLICATION FOR SPECIAL USE PERMIT, SP-104 WHEREAS, an application for special use permit entitled SP-104 has been made by Jim Hanna for a dance hall at 553 9th Street NW: and WHEREAS, the procedural history of the application is as follows: 1. That an application for special use permit, SP-104 was filed with the City of New Brighton on April 20, 1982. 2. That the Planning Commission, pursuant to published and mailed notices, held a public hearing on Hay 4, 1982, May 18, 1982 and June 15, 1982, all persons present at the hearing were given an opportunity to be heard. 3. That such application was reviewed by the City Council on June 22, 198 4. The written comments and analysis of the city staff, the Planning Commission minutes and recommendations were considered. NOW THEREFORE BE IT RESOLVED, that the New Brighton City Council makes the following Findings of Fact in respect to SP-104: 1. That the property is zoned B-3, Downtown Business District; 2. That according to Section 5-340 b. and 5-240 a. of the Zoning Code this type of use requires approval of a special use permit; 3. That the City Council on prior applications for similar uses required parking spaces based on the formula of one space for every 2 seats; 4. That the applicant has not presented date indicating the warrants for a lesser parking requirment; 5. That the proposed floor plan denoted 200 seats requiring 100 parking spaces and there are only 29 parking spaces on the proposed site; 6. That no written long term agreements allowing the applicant to implement this site plan that denotes parking on two other properties not owned by the applicant; 7. That the standards for review of a special use permit as outlined in Section 8-130 of the zoning code are not met for the following reasons: a. Section 8-130 a. - the lack of required parking will be detrimental to surrounding businesses; b. Section 8-130 b. - that the use since it is too intense in regard to parking demand would be injurious to the use and enjoyment of other properties in the immediate vicinity; and c. Section 8-130 e. - that the special use permit does not in all other respects conform to applicable regulations of the district its location in; i.e. parking requirements. BE IT FURTHER RESOLVED, that the application SP-104 is hereby denied. Adopte this , 1982. day of Gregory B. Harcus, Mayor ATTEST: James W. Fornell, City Manager