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RESOLUTION No. 06-015 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND ApPROVING SP06-01 WHEREAS, an application has been made by Champp's Restaurant to be considered for a Special Use Permit to allow outdoor dining at 2397 Palmer Drive; 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 January 5, 206. 2. On January 17, 2006, the Planning Commission held a public hearing and all present were given an opportunity to be heard; and 3. On January 24,2006 the City Council reviewed SP06-01. WHEREAS, the City Council makes the following Findings of Pact in respect to SP06-01: 1.The subject site is zoned B-3, General Business. 2.The proposed use is allowed in the B-3 zoning district. 3.The future use for the site is general business; and the proposed use is consistent with New Brighton Comprehensive Plan. 4.The applicant is requesting a Special Use Permit to allow outdoor dining. 5.A Special Use Permit is required for the City to review the outdoor dining proposal. 6.As specified in Section 8-130 of the New Brighton Zoning Ordinance, no Special Use Permit shall be granted unless one or more of the following conditions are met : 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 the 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. II: ! !I