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RES 2010-53 - 14725RESOLUTION NO. 2010 -53 A RESOLUTION REVOKING SPECIAL USE PERMIT #08 -01 FOR PRO SOURCE TECHNOLOGIES FOR A 125' TELECOMMUNICATIONS TOWER IN AN M -3 ZONING DISTRICT, GENERALLY LOCATED AT 8170 HICKORY ST 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, on Monday, January 28, 2008, the City of Fridley issued special use permit SP #08 -01 for a 125 ft. telecommunications tower at 8170 Hickory Street, legally described in Exhibit A, subject to six stipulations; and WHEREAS, the project had not begun by January 28, 2009, one year after the permit was granted and has yet to be constructed today. In addition, the petitioner never requested an extension and the property at 8170 Hickory Street does not meet the stipulated conditions of SP #08 -01; and WHEREAS, City Code Section 205.05.5.G of City Code requires that an SUP recipient must have begun the work required by permit stipulations within one year. If the work has not been started, then, the permit is null and void unless the petitioner has applied for an extension. NOW, THEREFORE BE IT RESOLVED, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #08 -01 for a 125' telecommunications tower for Pro Source Technologies at 8170 Hickory St NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF AUGUST, 2010. Sc tt J. Lund, Mayor ATTEST: 4L-414i-e Debra A. Skogen ity Clerk Resolution No. 2010 -53 Page 2 Exhibit A Revocation of SP #08 -01 for a 125 ft. Telecommunication Tower Pro Source Technologies, 8170 Hickory St NE, Fridley, MN 55432 The south 844 feet of that part of the SW 1/4 of the NE' /4 of Section 3, Township 30, Range 24, lying easterly of the easterly right -of -way line of the rail road; except road; subject to easement of record.