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<br />Ii <br />'I <br /> <br />RESOLUTION NO <br /> <br />NEW BRIGHTON PLANNING COMMISSION <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF <br />SPECIAL USE PERMIT, SP-106 <br /> <br />WHEREAS, an application for a special use permit, SP-106 has <br />been made by Richland, Inc. to establish an am,usement center in <br />the Rice Creek Center; ana <br /> <br />.. <br />vJHEREAS, the procedural hi,!;tory of the application is as <br />follows: <br /> <br />1. That an application for a special use permit was filed <br />with the City on August 2, 1982. <br />2. That the Planning Commission, pursuant to published and <br />mailed notices, held a public hearing on August 17, 1982, <br />a 11 per son I s pre s e n tat the h e. r i n g we reg i ve n : ~ an <br />opportunity to be heard. <br /> <br />NOW THEREFORE BE IT RESOLVED by the Planning Commission that <br />the following Findings of Fact are' made 'in respect to SP-106: <br /> <br /> <br />That the property is zoned B-3, General Business~ <br />That Section 5-240 of the New Brighton Zoning Code <br />re~ut~8~ a specialcuse permit t6r"an amusement center. <br />That Section 8-130 of the New Brighton Zoning Code lists <br />the standards for'a special use permit. <br />~ That due to the close proximity of an existing permitted <br />~and licensed establishment which sells alcoholic beverage <br />f~ s p e ci f i call y bee ran d win e, the use 0 fan am u s em e n t c e n t e <br />'.n~~wi1l endanger and be detrimental to the public health, <br />,.W~ safety, morals, comfort of the general welfare. <br />5. That because of this close proximity to the licensed <br />establishment selling alcoholic beverages the amusement <br />center use will be injurious to the use and enjoyment of <br />other property in the immediate vicinty for those <br />purposes already permitted. <br />That the shopping center has no pedestrian mall area wher <br />activities are held outside individual business areas and <br />there are no shops or enterprises at this time that resul <br />in the concentration of a large number of juvenile <br />trons. , <br />That the shopping center has a high percentage of <br />professional office uses consisting of insurance agents, <br />dentist, accounts, engineers, lawyers which distinguishes <br />the center from shopping malls with a great deal of <br />'uvenile traffic. <br />That the association of the merchants at the shopping <br />center have requested consideration of additional adult <br />activities in regard to the sale of alcholic beverages <br />and that the City finds the proposal for an amusement <br />center in conflict with the desire for additional sales <br />of alcoholic beverages. <br />That Richland, Inc. has established an amusement center <br />prior to securing the required special use permit. <br />That the amusement center to date has not had proper <br />supervision and has failed to control bicycle traffic/ <br />parking inside and outside the shopping center. <br />That the parking of said bicycles in the halls and in <br />front of the exit doors constitutes a fire hazard for the <br />'general public and merchants of the shopping center. <br />That the size of the facility with its proposed uses of <br />(4 electronic games, billiards and food sales require mo re <br />, sup e r vis ion i n t e r mf ~ f P ~ m ~ e.97 J. n ~ a ge t h ani s b e i n g <br />provided for. ~~- <br />13. That the floor plan denotes a billiard area that is not <br />r~ visible from the ice cream counter anu therefore cannot <br />~~be properly supervised. <br /> <br /> <br /> <br /> <br /> <br />~~~~ <br /> <br />~l. <br />~. <br />C4'.At/!f3 . <br /> <br />