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HomeMy WebLinkAboutCC RES 05-045 RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITHIN 250 FEET OF A RESIDENTIAL PROPERTY FOR THE DEVELOPMENT LOCATED AT 2714 HIGHWAY 88 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104370 Box: 31 Folder: RES 2005 Document: CC RES 05-045 RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITHIN 250 FEET OF A RESIDENTIAL PROPERTY FOR THE DEVELOPMENT LOCATED AT 2714 HIGHWAY 88 CITY OF ST. ANTHONY RESOLUTION 05-045 A RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITHIN 250 FEET OF A RESIDENTIAL PROPERTY FOR THE DEVELOPMENT LOCATED AT 2714 HIGHWAY 88 WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, regarding a conditional use permit to allow a restaurant within 250 feet of a residential property for the development located at 2714 Highway 88; and WHEREAS, the Council received the Planning Commission's report at the Council's May 24, 2005 meeting; and WHEREAS, Council member discussion following the report raised concern that the proposed conditional use will be inconsistent with certain provisions of the Development Agreement with Amcon St. Anthony, LLC, dated November 3, 2003, and, in particular, with the construction and operation of a restaurant on the development property; and WHEREAS, the Council finds that the proposed conditional use will be: (a) incompatible with other uses in the area; • (b) detrimental to the health, safety and general welfare of persons residing or working in the vicinity; (c) detrimental to the values of property in the vicinity; and (d) will not provide a service or facility which is in the interest of public convenience and will not contribute to the general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby denies a conditional use permit to allow a restaurant within 250 feet of a residential property located at 2714 Hi hway 88. Adopted this 14th day of June, 2005. L Mayor ATTEST: City Clerk Review for Administration: U, Milk