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<br />l. <br /> <br />.!. <br /> <br />"~,~ ~ <br /> <br />RESOLUTION No. 95-014 <br /> <br />I. . t <br />f. <br />I ' <br />I <br />I <br /> <br /> <br />I <br />i <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND DENYING AN APPLICATION FOR A SPECIAL USE PERMIT <br />! SP-185. <br /> <br />WHEREAS, an application for a special use permit has been made by Tom Thumb Food <br />Markets, Inc., to allow for gasoline sales in conjunction with an existing convenience store. <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1. Applications for special use permits for fuel sales have been denied on two previous occasions, in <br />1983 and 1985. <br />2. An application for a special use permit, SP-185, was filed with the City of New <br />Brighton on December 29, 1994. <br />3. The Planning Commission, pursuant to published and mailed notices, held a public <br />hearing on January 17, 1995, and all persons present at the hearing were given an <br />opportunity to be heard. <br />4. The City Council considered SP-185 on January 24, 1995 and February 14, 1995. <br /> <br />Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in <br />respect to SP-185. <br /> <br /> 1. <br /> 2. <br /> 3. <br /> 4. <br />; ~ 5. <br />q <br /> 6. <br /> <br />7. <br />8. <br /> <br />The subject site is zoned B-2, Neighborhood Business. <br />The applicant is proposing to provide gasoline sales in conjunction with the existing <br />convenience store. <br />Gasoline sales are a special use in the B-2 district. <br />Existing single family residential uses exist on the south and east sides of the property <br />and across Old Highway 8 to the north. <br />The proposed gasoline sales would increase the number of daily trips to and from the <br />subject site, thereby increasing the adverse impact on adjacent and nearby residential <br />properties of traffic noise, fumes, and congestion. <br />The proposed lighting for the canopy would reflect on adjacent properties due to the <br />elevated nature of the subject site. Such increased lighting would adversely affect the <br />quiet enjoyment of adjacent and nearby residential properties and would be <br />incompatible with such residential uses. <br />The proposed pump islands, by their presence and proposed location and alignment, <br />would create undesirable, unsafe, or hazardous traffic patterns on subject site. <br />The proposed use would create fumes which would detract from the enjoyment and <br />use of nearby residential properties. <br />Litter from the existing convenience store is already a substantial problem for adjacent <br />and nearby residential users. The addition of gas pumps would increase the amount <br />and adverse affect of such litter. <br />The applicant has not provided adequate controls to alleviate problems associated <br />with litter, debris, spilled petroleum products, and the like from being carried from the <br />subject's site with stormwater run off. <br />The addition of fuel pumps would substantially increase the outdoor activities on the <br />site. Noises associated with such a use such as hoods and car doors slamming, <br />voices, vehicle motors, maneuvering of vehicles, and delivery trucks, would increase <br />the adverse impact of the use of the SUbject property on adjacent and nearby <br />residential properties, particularly early in the morning and late at night. <br /> <br />9. <br /> <br />10. <br /> <br />11. <br /> <br />i <br /> <br />I <br />I <br />I <br /> <br /> <br />Page 1 of 3 ! <br />! <br />