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Res 2013-42 RESOLUTION NO. 2013 - 42 A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 13-08 FOR INCERTEC ON BEHALF OF BRENNY ENTERPRISES LLC, THE PROPERTY OWNER FOR THE RD PROPERTY LOCATED AT 160 83 AVENUE NE WHEREAS, Section 205.18.01.C.12 of the Fridley City Code allows limited outside storage in an M-2 zoning district by a Special Use Permit if certain conditions can be met; and WHEREAS, on August 21, 2013, the Fridley Planning Commission held a public hearing to rd consider a request by Incertec for the property generally located at 160 83 Avenue NE in Fridley, legally described as Lot 3, Block 2, Caba Realty First Addition, subject to easement of record, for a Special Use Permit, SP#13-08 for limited outside storage; and WHEREAS, at the August 21, 2013 meeting, the Planning Commission unanimously recommended approval of Special Use Permit, SP #13-08; and WHEREAS, on September 9, 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# 13-08; and WHEREAS, the petitioner, Incertec, was presented with Exhibit A, the stipulations for SP# 13-08, at the September 9, 2013 City Council meeting; WHEREAS, City Code Section 205.05.5.G requires the City Council to revoke SP #13-08 after conducting a public hearing, if upon conclusion of that public hearing, the City Council determines that the property owner has failed to comply with the stipulations set forth in the attached Exhibit A and all costs incurred by the City during the revocation process may be assessed to the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special Use Permit SP# 13-08 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 9 DAY OF SEPTEMBER, 2013. ________________________________________ SCOTT LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2013-42 Page 2 EXHIBIT A SP# 13-08 Special Use Permit for Limited Outdoor Storage rd Incertec - 160 83 Avenue NE, Fridley, MN 55432 Stipulations 1.Outdoor storage area shall be limited to the square footage on the container requested as part of this special use permit request. 2.The types of materials stored inside of the containers shall be reviewed by the Fire Marshal. 3.If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff to re-work the interior space of the existing building or find other parking options.