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Res 2014-45 RESOLUTION NO. 2014 - 45 A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 14-04 FOR WALKER SIGN HOLDINGS, LLC; DBA LAWRENCE SIGN, ON BEHALF OF REALTY INCOME PROPERTIES 3 LLC, THE PROPERTY OWNER OF SUPER AMERICA, LOCATED AT 7451 EAST RIVER ROAD 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 June 18, 2014, the Fridley Planning Commission held a public hearing to consider a request by Lawrence Sign, on behalf of the property owner of 7451 East River Road NE in Fridley, legal description attached as Exhibit A, for a Special Use Permit SP# 14-04 for an electronic changeable sign; and WHEREAS, on June 18, 2014, the Planning Commission unanimously recommended approval of Special Use Permit, SP #14-04; and WHEREAS, on July 14, 2014, the Fridley City Council approved the stipulations represented in Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit SP# 14-04; and WHEREAS, Section 205.05.5.G of the Fridley City Code states that 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; and WHEREAS, the petitioner, was presented with Exhibit B, the stipulations for SP# 14-04, at the July 14, 2014 City Council meeting and has agreed to abide by said stipulations in order to maintain SP# 14-04; NOW, THEREFORE, BE IT RESOLVED, that Special Use Permit SP# 14-04 and stipulations represented in Exhibit B 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 14 DAY OF JULY, 2014. _______________________________________ SCOTT LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2014-45 Page 2 EXHIBIT A Legal description for 7451 East River Road NE: Lots 1 and 2, Block 1, C.D. Hutchinson Addition, according to the map and plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota. The South boundary line of the above described property is marked by Judicial Landmarks placed pursuant to Torrens Case No. T-1878. Subject to easement granted to the County of Anoka for highway purposes by instrument dated July 6, 1965, recorded July 15, 1965 in Book 685 on page 119 in the office of the Anoka County Register of Deeds over the Westerly 12 feet of Lot 1, Block 1, and the Westerly 12 feet of Lot 2, Block 1, all in C.D. Hutchinson Addition. Subject to an easement granted to Northern States Power Company by instrument dated August 23, 1965, recorded September 17, 1965, in Book 690 on page 445 in the office of the Anoka County Register of Deeds to construct, operate, and maintain its lines for the transmission of electrical energy, including the necessary poles, wires, guys, stubs and other fixtures over and across the Easterly 10 feet of Lots 1 and 2, Block 1, C.D. Hutchinson Addition. Subject to a financing statement by and between Kunz Oil Company, debtor, and Northwestern National Bank S.W, recorded March 7, 1974, as document number 405919 in the office of the Register of Deeds of Anoka County, Minnesota. Resolution No. 2014-45 Page 3 EXHIBIT B SP# 14-04 Special Use Permit for an Electronic Changeable Sign Super America, 7451 East River Road 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.