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Res 2013-22 RESOLUTION NO. 2013 - 22 A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 13-04 FOR SCENIC SIGN CORPORATION, ON BEHALF OF WALMART, THE PROPERTY OWNER OF SAM’S CLUB, LOCATED AT 8150 UNIVERSITY AVENUE NE WHEREAS, Section 214.07.01 of the Fridley City Code allows electronic changeable signs in commercial zoning districts by a special use permit if certain conditions can be met; and WHEREAS, on March 20, 2013, the Fridley Planning Commission held a public hearing to consider a request by Scenic Sign Corporation, on behalf of the property owner of 8150 University Avenue NE in Fridley, legally described in Exhibit B, for a special use permit SP# 13-04 for an electronic changeable sign; and WHEREAS, on March 20, 2013, the Planning Commission unanimously recommended approval of Special Use Permit, SP #13-04; and WHEREAS, on April 8, 2013, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on special use permit SP# 13-04; and WHEREAS, Section 205.05.5.G of the Fridley City Code states that this special use permit will come null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension; and WHEREAS, the petitioner, was presented with Exhibit A, the stipulations for SP# 13-04, at the April 8, 2013 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, that Special Use Permit SP# 13-04 and stipulations represented in Exhibit A are hereby adopted by the City Council of the City of Fridley. th PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8 DAY OF APRIL, 2013. ____________________________ SCOTT J. LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2013-22 Page 2 EXHIBIT A SP# 13-04 Special Use Permit for an Electronic Changeable Sign Sam’s Club, 8150 University Avenue NE, Fridley, MN 55432 Stipulations: 1.The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2.Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3.Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4.Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Resolution No. 2013-22 Page 3 EXHIBIT B SP# 13-04 Special Use Permit for an Electronic Changeable Sign Sam’s Club, 8150 University Avenue NE, Fridley, MN 55432 Legal Description: ND Lot 1, Block 1, WALTON 2 ADDITION That Judicial Landmarks have been placed pursuant to Torrens Case #T-1944 at the Northeast corner, the Northwest corner, the Southwest corner, and the Southeast corner of the North 425.23 feet of the South 877.87 feet of all that part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, Anoka County, Minnesota lying Westerly of State Trunk Highway 47. Subject: To a street and utility of the City of Fridley over the West 33 feet of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24. Subject to drainage and utility easement as shown on Plat, VANTAGE COMPANIES ADDITION, filed as Document Number 151192 on May 21, 1986. Subject, however: To the rights of the State of Minnesota to erect temporary snow fences upon the lands adjacent to Truck Highway No. 47 and the right of access taken by the State of Minnesota being the right of ingress to and egress from Trunk Highway No. 47, except for the right of access retained over the South 33 feet of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, and also except for the right of access retained as evidenced by Final Certificate dated August 27, 1969, recorded September 23, 1969, in Book 841 on page 462 in the office of the Anoka County Register of Deeds; To a street and utility easement of the City of Fridley, Minnesota, over the following portions of said premises: (a) Commencing at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 2, T-30, R-24, thence North along the West line of said Southwest Quarter of the Northwest Quarter to a point located 33 feet North of the South line of said Southwest Quarter of the Northwest Quarter of Section 2, as measured at right angles to said South line, thence East parallel to said South line of said Southwest Quarter of the Northwest Quarter to a point located 33 feet East of the West line of said Southwest Quarter of the Northwest Quarter as measured at right angles to said west line, said point being the actual point of beginning, thence continuing East along a line parallel to the South line of said Southwest Quarter of the Northwest Quarter of Section 2 a distance of 40 feet, thence deflect to the left 135 degrees along a line in a Northwesterly direction to a point located in a line which is parallel to and 33 feet East of the Resolution No. 2013-22 Page 4 EXHIBIT B (Continued) West line of said Southwest Quarter of the Northwest Quarter of Section 2, thence South along the East line of the West 33 feet of said Southwest Quarter of the Northwest Quarter back to the actual point of beginning and there terminating. (b) To a street and utility easement of the City of Fridley over the West 33 feet, and South 33 feet of the Southwest Quarter of the Northwest Quarter of Section2, Township 30, Range 24, except that part already taken for State Trunk Highway #47. Subject: To a street and utility easement of the City of Fridley over the West 33 feet of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24. Subject, however: To a utility easement of the City of Fridley, Minnesota, over the West 20 feet of the Easterly 115 feet of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, lying westerly of and adjacent to the West line of Trunk Highway No. 47 as shown in Document No. 92831. To the rights of State of Minnesota to erect temporary snow fences upon the lands adjacent to Trunk Highway 47 and the right of access taken by the State of Minnesota being the right of ingress to and egress from Trunk Highway No. 47 as evidence by Final Certificate dated August 27, 1969, recorded September 23, 1969, in Book 841 on page 462 in the office of the Anoka County Register of Deeds. AND Outlot A, Walton Addition That judicial Landmarks have been placed pursuant to Torrens Case #T-1994 at the Northeast corner, the Northwest corner, the Southwest corner, and the Southeast corner of the North 425.23 feet of the South 877.87 feet of all that part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway 47. Subject: To street and utility easement of the City of Fridley over the West 33 feet of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24.