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J: II I RESOLUTION No. 05-045 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON SOLUTION MAKING FINDINGS OF FACT AND ApPROVING of SP05-11 & LP05-07 HEREAS, an application for a special use pennit has been made by Mr. MarkBeisswenger to amend the approved special use pennit for an outdoor garden sales area. HEREAS, the procedural history of the application is as follows: 1. An application for a special use permit was filed with the City of New Brighton on April 26, 2005. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on May 17,2005 and all present were given a chance to freely speak at the hearing; 3. the City Council considered the request on May 24,2005; and, OW THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP05-11 & LP05-07: 1. The subject site is zoned MX, Mixed Use. 2. The applicant is requesting a Special Use Permit to construct a general hardware store with an outdoor garden center. 3. Special uses may be permitted in zoning districts by the City Council where such uses are deemed essential or desirable to the public convenience and welfare, and are in harmony with the various elements or objectives of the comprehensive plan, and if their location, plan, and character of the development are first considered by the Planning Commission following the procedure set forth in the Section 8-130. 4. 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. I:\COUNCIL\RESOLUTIONS\2005\Com Dev\SP05"11_LP05"07 _Beissewenger AMENDED SUP,doc , I' " , , I