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<br />~ <br /> <br />RESOLUTION NO. <br /> <br />NEW BRIGHTON PLANNING COMMISSION <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF <br />SPECIAL USE PERMIT, SP-I04. <br /> <br />WHEREAS I an application for a special use permit, SP-I04 <br />has been made by Jim Hanna for a dance hall at 553 9th Street <br />NW: and <br /> <br />WHEREAS, the procedural history of the application is as <br />follows: <br /> <br />1. That an application for a special use permit, SP-I04 <br />was filed with the City on April 20, 1982. <br />2. That the Planning Commission, pursuant to published <br />and'~mailed notices, held a public hearing on May 4, <br />1982, May 18, 1982, and June 15, 1982, all persons <br />present at the hearing were given an opportunity to be <br />heard. <br /> <br />NOW THEREFORE BE IT RESOLVED by the Plannin~ Commission that <br />the following Findings of Fact are made in respect to SP-I04: <br /> <br />1. That the property is zoned B-4, Downtown Business <br />District; <br />2. That according to Section 5-340 b. and 5-240 a. of the <br />Zoning Code this type of use requires approval of a <br />special use permit; <br />3. That the City Council on prior applications for similar <br />uses required parking spaces based on the formula of one <br />space for every 2 seats; <br />4. That the applicant has not presented data indicating <br />the warrants for a lesser parking requirement; <br />5. That the proposed floor plan denotes 200 seats requiring <br />100 parking spaces and there are only 28 parking spaces <br />on the proposed site; <br />6. That no written long term agreements allowing the <br />applicant to implement this site plan that denotes <br />parking on two other properties not owned by the <br />applicant; <br />7. That the standards for review of a special use permit as <br />outlined in Section 8-130 of the zoning code are not met <br />for the following reasons: <br />a. section 8-130 a. - the lack of required parking will <br />be detrimental to surrounding businesses; <br />b. Section 8-130 b. - that the use since it is too <br />intense in regard to parking demand would be <br />injurious to the use and enjoyment of other prop~~ <br />erties in the immediate vicinity; and <br />c. Section 8-130 e. - that the special use permit does <br />not in all other respects conform to applicable <br />regulations of the district its location in; i.e. <br />parking requirements. <br /> <br />BE IT FURTHER RESOLVED that the application SP-104 is and <br />hereby recommended for denial. <br /> <br />Roger S. Williams, Chairman <br /> <br />Joan M. Archer, City Planner <br />