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30 <br />CITY OF ST. ANTHONY <br />RESOLUTION 07-020 <br />RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT <br />(CUP) TO ALLOW B'YOND AUTOMOTIVE TO BE LOCATED IN THE KENZIE <br />'TERRACE COMMERCIAL DISTRICT <br />WIEREAS, Mr. Josh Hamann, applicant and owner of B'Yond Automotive has made <br />application for Conditional Use Permit approval under City Code 1635.03 <br />(d) to allow auto repair services to be located in a commercial zone <br />district; and <br />WHEREAS, the City of St. Anthony Planning held a Concept Review on October 17, <br />2006 to meet Mr. Hamann and review his request; and <br />WHEREAS, on January 16, 2007, the Planning Commission conducted a public hearing <br />on the proposed CUP; and <br />WHEREAS, all required public notices regarding the public hearing were posted and <br />sent as required by State Statute; and <br />WHEREAS, the Planning Commission has recommended approval of the proposed <br />CUP subject to the conditions listed below; and <br />WHEREAS, the City Council reviewed the requested CUP at its regularly scheduled <br />meeting on January 23, 2007; and <br />BE IT RESOLVED that the City Council of the City of St. Anthony does hereby <br />Adopt the following Findings of Fact related to the requested CUP: <br />Criteria #1 The use is one of the Conditional Uses specifically listed for the district <br />in which the property is located and is not in conflict with the <br />Comprehensive Plan. <br />Finding #1 This use in this zoning code is not in conflict with the current Comprehensive <br />Plan. The Comprehensive Plan designates this site as commercial and according <br />to the City's Zoning Code, auto repair is a use that is permitted with a CUP in <br />Section 1635.03 (d)) in the Commercial Zoning District. <br />Criteria #2 The use will not be detrimental to the health, safety, or general welfare <br />of persons residing or working in the vicinity or to the values of <br />property in the vicinity. <br />