Resolution No.

City of New Brighton

Resolution making Findings of Fact and recommending Approval of VN 01-04, SP 01-
08, and LP 01-08.

Whereas, an application for a variance of 28 parking spaces has been made by Independent School District #621 at 2425 Long Lake Road; and a Special Use Permit was applied for a School use in a R-1 Zoning District; and

Whereas, the procedural history of the application is as follows:

1.	An application for a variance, special use permit, and site plan was filed with the City of New Brighton on June 1, 2001.

2.	The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 19, 2001, and all persons present at the hearing were given an opportunity to be heard.

Now Therefore Be It Resolved, the Planning Commission makes the following Findings of Fact in respect to VN 01-04, SP 01-08, and LP 01-08:

1.	The subject site is zoned R-1, Single Family Residential.

2.	The required parking spaces for this site is 455 spaces.

3.	The applicant is requesting 28 parking space variance.

4.	Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of the City of New Brighton Zoning Ordinance, the Council shall have the power, in a specific case, to permit a variance from the provisions of this ordinance. The crucial points of the variance are:

a.	Undue hardship

b.	Unique circumstances

c.	Conformance with the Comprehensive Plan

d.	Variance shall not be detrimental to adjacent property or to the public as a whole.

6.	Strict enforcement of the City's required off-street parking standard would cause the applicant an undue hardship and would not allow the applicant to put the subject property to a reasonable use, or as the property was originally intended.

7.	The existing and continued agreement between the School District and the Long Lake Community Church for 39 parking spaces addresses the parking deficit.

8.	As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find:

a. That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of general public.

b. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

9. The proposed uses have been found to meet the above criteria; and

Be It Further Resolved, the application VN 01-04, SP 01-08, and LP 01-08 is hereby recommended for approval subject to the following conditions:

1.	Applicant shall work with consulting Architect and City Staff to explore and come up with alternatives to soften the effects of the exterior gymnasium wall prior to City Council approval.

2.	Perimeter curbing must be installed around all off-street parking area.

3.	Approval by Rice Creek Watershed District.

4.	Provision of a bond or letter of credit in the amount equal to 100% of the cost to install landscaping, curbing and paving to ensure that these items are installed per the approved plans.

Larry Baker, Planning Commission Chair

ATTEST:

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Patrick Boylan, Intermediate City Planner