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~.,,;i""'," :i r 1" ~ <! II ii ii ,. :,' i; " tf STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON I~t""-... 2626 RESOLUTION NO 1 I: !; !' il RESOLUTION MAKING FINDINGS OF FACT AND DENYING APPLICATION FOR I SPECIAL USE PERMIT, SP-106 I: jj W HER E AS, a nap p 1 i cat ion for aSp e ci a 1 use per m i ten tit 1 e d !! SP-106 has been made by Richland In<e., Richard C. Ernst II to permit an amusement center in the Rice Creek Center, and j! ~ ~ ,: WHEREAS, the procedural history of the application is as I~ follows: H ~ \ H tl H H 1. That an application for a special use permit, SP-106 was filed with the City of New Brighton on August 2, 1982. 2. That the Planning Commission, pursuant to published and mailed notices, held a public hearing on August 17, 1982, all person's present at the hearing were given an opportunity to be heard. 3. That such application was ~~viewed by the City Council on Auqust 24, 1982. I 4. Th~ written comments and an~lysis of the city staff, the Planning Commission minutes and recommendatiqns were considered. i fi d 'I :! 1) L n ~ ~ \l Ii 'I h ;, " !i ;! NO\~ THEREFORE BE IT RESOLVED, that the New Brighton City H Council makes the following Finding:s of Fact in respect to SP-106: !! l.' il j1 !1 ~ i " It i ~ ~ ; i~ 11 I' !! Ii Ii !j I, ", !i :! I, 1. That the prop~ity is z6ned ~-3, Gener~l Business. 2. That Section 5~240 of the N~w Brighton Zoning Code requires a special use permit for an amusem~nt center. 3. That Section 8-130 of the New Brighton Zoning Code lists the standards for a special use permit. 4. That due to the close proximity of an existing permitted and licensed establishment ~hich sells alcoholic beverages specifically beer and wine; the use of an amusement center will endanger and be detrimental to the public health, safety, morals, comfort of ,ithe general welfare. 5. That because of this close ::proximity to the licensed establishment selling alcoholic beverages the amusement center use will be injurious to the use and enjoyment of other property in the immediate vicinity for those purposes already permitted~ 6. That the shopping center h~s no pedestrian mall area wher activities are held outside individual business areas and there are no shops or entetprises at this time that resul in the concentration of a alrge number of juvenile partrons. ' 7. That the shopping center has a high percentage of professional office uses consisting of insurance agents, dentist, accountants, engineers, lawyers which d i s tin qui she s the c eri t e-r fro m s hop ping m a 11 s wi t h a great deal of juvenile traffic. 8. That the association of the merchants at the shopping center have requested consideratiDn Df additional adult act i v i tie 5 i n r e q a rd ,to t h, sa 1 e 0 f ale h 01 i c be v era q e s and that the Cit~ finds th~ proposal fo~ an amuseme~t center in conflict with the desire for additional sales of alco~olic beverag~s. ~. 9. That Richland, Inc. has established an amusement center prior to securing the requried special use permit. That the amusement center to date has not had proper supervision and has failed! to control bicycle traffic/ parking inside and outside' the shopping center. That the parking of said b~cycles in the halls and in front of the exit doors constitutes a fire hazard for the general public and merchan~s of the shopping center. That the size of the facility with its proposed uses of electronic games, billiards and food sales require more supervision in terms of nwmber and age than is ,being provided for. II " h Ii I; , ~ II ,. II !I ,; :1 f. I: i' ~ Ii " \1 t:: H II ,-- r~ lj Ii iI: 11 11 !l 'I II II H d 10. 11. 12.