RES 2008-57 - 14529RESOLUTION NO. 2008 -57
A RESOLUTION REVOKING SPECIAL USE PERMIT #89 -08 FOR 7570 INC. TO
OPERATE A AUTO REPAIR BUSINESS IN AN M -1 ZONING DISTRICT,
GENERALLY LOCATED AT 7570 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
#89 -08, allowing auto repair in an M -1 zoning district at Sam's Auto World, generally located at
7570 Highway 65 NE on November 18, 1991; and
WHEREAS, the November 18, 1991 approval of SP #89 -08 included several stipulations, which
were required to be met in order to continue to operate the Central Auto Parts business located at
1201 73 '/z Avenue; and
WHEREAS, City staff conducted several inspections of the site from April 2008 to November
2008 to determine compliance with the stipulations of SP #89 -08; and
WHEREAS, City staff found that several stipulations have not been met; and
WHEREAS, The City of Fridley has previously considered revocation of SP #89 -08 in 2006
when the owner was selling vehicles on site, which is not a permitted use in the M -1 zoning
district and is a violation of the stipulations of SP #89 -08; and
WHEREAS, the site owner was informed that he must cease car sales from the site immediately
and relinquish his State Dealer's License by November 15, 2006; and
WHEREAS, staff has received evidence from the State Department of Public Safety that vehicle
sales are still occurring on the site and; and
WHEREAS, in recent on site inspections, staff has discovered many additional code violations,
including a use that is excluded in the M -1 zoning district and evidence that the original auto
repair business has been discontinued and two new auto repair businesses are operating on the
site; and
WHEREAS, a stipulation of SP #89 -08 is that the special use permit shall not be transferable to
a different ownership or control without approval of City Council; and
Resolution No. 2008 -57
Page 2
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after
listening to all the facts presented at the public hearing, makes the following FINDINGS OF
FACT:
1. That the City of Fridley and its staff have acted within the Fridley Zoning Code;
and
2. That the City of Fridley staff accurately represented the condition of the property
when they inspected it, finding several items of noncompliance of the stipulations
of the special use permit; and
3. That the City of Fridley staff communicated the stipulations of the special use
permit to the site owner in 2006, throughout the public hearing process to consider
revocation of SP #89 -08; and
4. The business owner was notified by mail of the November 10, 2008 public
hearing; and
5. That a public hearing was held on November 10, 2008, allowing the City Council
to take testimony on this property; and
6. That as of November 17, 2008, the property continues to be in violation of the
special use permit action taken by the City Council on September 11, 2006.
BE IT FURTHER RESOLVED THAT the
evidence before it, expressly finds that the
incorporates it as part of its Findings of Fact.
City Council, having heard and reviewed the
foregoing recitation is true and correct and
BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City of
Fridley hereby revokes the special use permit SP #89 -08 to operate a auto repair business in an
M -1 district at 7570 Highway 65 NE.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
17TH DAY OF NOVEMBER 2008.
!-
Scott J. Lund, Mayor
ATTEST:
bL-414nee
Debra A. Skogen, Ci Clerk