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CITY OF ST. ANTHONY <br />RESOLUTION 05-045 <br />A RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ALLOW <br />A RESTAURANT WITHIN 250 FEET OF A RESIDENTIAL PROPERTY FOR <br />THE DEVELOPMENT LOCATED AT 2714 HIGHWAY 88 <br />WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, <br />regarding a conditional use permit to allow a restaurant within 250 feet of a <br />residential property for the development located at 2714 Highway 88; and <br />WHEREAS, the Council received the Planning Commission's report at the Council's May 24, <br />2005 meeting; and <br />WHEREAS, Council member discussion following the report raised concern that the proposed <br />conditional use will be inconsistent with certain provisions of the Development <br />Agreement with Amcon St. Anthony, LLC, dated November 3, 2003, and, in <br />particular, with the construction and operation of a restaurant on the development <br />property; and <br />WHEREAS, the Council finds that the proposed conditional use will be: <br />(a) incompatible with other uses in the area; <br />(b) detrimental to the health, safety and general welfare of persons residing <br />or working in the vicinity; <br />(c) detrimental to the values of property in the vicinity; and <br />(d) will not provide a service or facility which is in the interest of public <br />convenience and will not contribute to the general welfare. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby <br />denies a conditional use permit to allow a restaurant within 250 feet of a <br />residential property located at 2714 Highway 88. <br />Adopted this 14th day of June, 2005. <br />ATTEST: <br />City Clerk <br />Review for Administration: <br />Mayor <br />City Manager <br />WE <br />