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'1~-. ! ~; i) ! i RESOLUTION No. 03-009 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON lllESOLUTION MAKING FINDINGS OF FACT AND APPROVING OF SP02~15. WHEREAS, an application for a special use permit has been made by Mike White ofD & D Construction to construct a front entryway addition to their existing home at 731 10th Avenue NW. Per Section 4~040 of the New Brighton Zoning Ordinance, encroachments up to 6 feet into front yard setbacks are required to have a special use permit; and WHEREAS, 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 November 27,2002. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on December 17,2002, and all persons present at the hearing were given an opportunity to be heard. 3. The Planning Commission voted to recommend approval for the Special Use Permit. 4. The City Council considered the request at the January 14,2003 meeting. , Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP02-15: 1. The subject site is zoned R-l, single family residential. 2. Structures are allowed within the 30 foot front yard setback complying with Section 4~040 and Section 8-130. 3. As specified in Section 4-040, in required front yards, the required setback may be reduced to twenty four feet subject to approval of a Special Use Permit under Section 8-110-130 and subject to compliance with the following conditions: a) The proposed addition uses the same exterior structure materials and colors as the principal structure and accessories. b) The roof is properly proportioned to and integrated with the roof of the principal structure (dwelling) on the property. c) The base of the addition is not open and its appearance is consistent with the base of the building. d) The structure shall not exceed 35% of the width of the front of the dwelling, excluding the garage, or shan not exceed twelve feet in width, whichever is less. 5. The City Council finds that the criteria above are met. 6. 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. I :iSHARED\COUNCIL \Resolutions\2003\Comm Dev\SP02-15 _ 731 1 Oth Avo NW,doc