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RES 2009-38 - 14619RESOLUTION NO. 2009 -38 A RESOLUTION APPROVING MODIFICATIONS TO SPECIAL USE PERMIT SP# 09 -01 FOR SAM'S AUTO WORLD WHEREAS, on February 9, 2009, the Fridley City Council approved a special use permit, SP # 09- 01, to allow repair garage use in multiple leased areas of the business generally located at 7570 Highway 65, in Fridley with 17 stipulations; and WHEREAS, on August 10, 2009, conformance to these stipulations was reviewed by the Fridley City Council resulting in the modification of two stipulations and the addition of two new stipulations and tabled consideration of the compliance with the permit, giving the petitioner an additional 30 days to comply with the stipulations of SP# 09 -01; and WHEREAS, on September 14, 2009, the Fridley City Council removed discussion of SP# 09 -01 from the table and approved the revised stipulations represented in Exhibit A to this resolution as replacement of stipulations approved by the City Council on February 9, 2009; and WHEREAS, the petitioner, representing the owner of 7570 Highway 65, was presented with Exhibit A, the revised 18 stipulations, at the September 14, 2009 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the revised stipulations for SP# 09 -01 represented in Exhibit A are to replace those previously adopted by City Council on February 9, 2009. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF SEPTEMBER, 2009. SCOTT J. L - MAYOR ATTEST: &—!PE =-Am"noomw, DEBRA A. SKOG - CITY CLERK Resolution m EXHIBIT A SP# 09 -01 Special Use Permit for Repair Garage Use Page 2 Stipulations 1. Hours of operation shall be limited to Monday- Friday, 7:00 a.m. to 9:00 p.m. and Saturday and Sunday 8:00 a.m. to 9:00 p.m. 2. The petitioner shall maintain any necessary Federal, State, and County hazardous waste permits. 3. No outdoor storage of materials shall exist on the site other than customer and employee vehicles in the rear of the property. 4. Existing racking on the south side of the rear building must be removed within 30 days of issuance of SUP. The rear building addition may remain for the interior storage of automobile parts. 5. Vehicle sales are not allowed from this location. 6. Existing site fencing on south side of front building must be removed within 30 days of issuance of SUP. Fence on southern and western boundary to remain to screen business from adjoining residential property. 7. Area between front building and south property line fence needs to be landscaped with vegetation and maintained. Screening fence at southeast and southwest corner of front building to be removed. 8. All customer vehicles awaiting repairs need to be stored in the rear yard of the site. 9. Petitioner must submit a revised site plan reflecting the addition of at least five more parking spaces in the rear of the building. 10. All parking stalls must be striped and vehicles to be kept in defined stalls only. 11. Frontage road cannot be used for parking related to this business. 12. All buildings shall be compliant with all applicable Fire and Building Codes within 30 days of issuance of SUP, including verification that spray booth and sprinkler systems are functioning as designed. 13. Provide ventilation calculations for all tenant spaces in both buildings. 14. All structural lintels over garage door openings on front building shall be replaced upon plan completion by a structural engineer and necessary permits issued within 30 days of issuance of SUP. 15. A revised sign plan, which incorporates both buildings and the existing free - standing sign shall be submitted for City Council approval within 30 days of issuance of SUP. The revised sign plan needs to include a requirement that each tenant leasing space within either of the buildings on site needs to display exterior building signage identifying the business to the public. 16. The petitioner will provide the City verification that Clear Channel's easement shown on 7/12/07 survey does not prohibit parking or access 17. City staff shall be given the opportunity to review any new leases before new tenants lease available space. 18. The fenced -in rear vehicle security area may remain, but only with the solid wood fencing removed and replaced with chain link fencing. Only customer vehicles may be stored in rear fenced area. No exterior parts storage is allowed on site.