RES 2008-28 - 14518RESOLUTION NO. 2008 -28
A RESOLUTION REVOKING SPECIAL USE PERMIT #06 -04 FOR BDA
DEVELOPMENT TO ALLOW LIMITED OUTDOOR STORAGE IN AN M -1 ZONING
DISTRICT, GENERALLY LOCATED AT 7600 HWY 65 NE
WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning
ordinances that regulate the use of land in order to protect the public's health, safety, morals, and
general welfare; and
WHEREAS, City Zoning Code Section 205.05.5.G requires the City Council to revoke a special
use permit, following a public hearing, when there is failure to comply with any and all conditions
and stipulation of the issued permit; and
WHEREAS, the Fridley City Council held a public hearing regarding the special use permit SP
#06 -04, to allow limited outdoor storage in an M -1, Light Industrial zoning district at BDA
Development, generally located at 7600 Hwy 65 NE on September 25, 2006; and
WHEREAS, an September 25, 2006 approval of SP #06 -04 included 21 stipulations, of which
several stipulations were to have been completed or submitted to City staff for review by
December 31, 2006; and
WHEREAS, City staff conducted an inspection of the site on January 29, 2007, April 11, 2007,
and July 17, 2007 to determine compliance with the stipulations of SP #06 -04; and
WHEREAS, City staff found that compliance of several of the stipulations have not been met;
and
WHEREAS, the City Council held a public hearing on July 23, 2007 to consider revocation of
SP #06 -04; and
WHEREAS, the City Council held open the public hearing until January 7, 2008 to allow the
petitioner to complete all 21 stipulations by December 31, 2007; and
WHEREAS, an inspection of the site on December 27, 2007 determined that several of the
stipulations still have not been met and no work toward fulfilling those stipulations has been
completed on the property; and
WHEREAS, the City Council continued the public hearing on January 7, 2008, and instructed
the petitioner to have all outdoor storage items on the property under a roofed structure or
removed from the site by February 15, 2008; and
Resolution No. 2008 -28
Page 2
WHEREAS, an inspection of the site conducted on February 15, 2008, found that 97% of the
outdoor storage items have been removed from the site or are properly stored under a roofed
structure; and
WHEREAS, inspections by City staff since February 15, 2008, determined that the remaining 3%
of outdoor storage has been removed from the site; and
WHEREAS, no screening has been built and screening is required to allow outdoor storage on
the site;
NOW, THEREFORE BE IT RESOLVED THAT, based on these findings, the City Council of
the City of Fridley hereby revokes the special use permit SP #06 -04 to allow limited outdoor
storage in an M -1, Light Industrial zoning district at BDA Development, generally located at
7600 Hwy 65 NE.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
14th DAY OF JULY 2008.
--fflp if
Scot J. Lund, Mayor
ATTEST:
Debra A. Skogen QOy Clerk