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Res 2015-36 SP 15-06 RESOLUTION NO. 2015 - 36 A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 15-06 FOR ROSE CITY SIGN, ON BEHALF OF REALTY INCOME PROPERTIES 3 LLC, THE PROPERTY OWNER OF SUPER AMERICA, LOCATED AT 5667 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 June 17, 2015, the Fridley Planning Commission held a public hearing to consider a request by Rose City Sign, on behalf of the property owner of 5667 University Avenue NE in Fridley, legal description attached as Exhibit A, for a Special Use Permit SP# 15-06 for an electronic changeable sign; and WHEREAS, on June 17, 2015, the Planning Commission unanimously recommended approval of Special Use Permit, SP #15-06; and WHEREAS, on July 13, 2015, 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# 15-06; 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# 15-06, at the July 13, 2015 City Council meeting and has agreed to abide by said stipulations in order to maintain SP# 15-06; NOW, THEREFORE, BE IT RESOLVED, that Special Use Permit SP# 15-06 and stipulations represented in Exhibit B are hereby adopted by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 13 DAY OF JULY, 2015. _______________________________________ SCOTT J. LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2015-36 Page 2 EXHIBIT A Legal description for 5667 University Avenue NE: The land herein referred to is situated in the County of Anoka, State of Minnesota, and is described as follows: That part of Lots 24, 25 and 26, Block 4, Hamilton’s Addition to Mechanicsville, Anoka County, Minnesota, described as follows: Beginning at a point on the north line of said Lot 26, distant 61.75 feet easterly of the northwest corner of said Lot 26, assumed bearing of said north line as south 89 degrees 44 feet 00 inches east; thence south 55 degrees 33 feet and 33 inches west a distance of 52.40 feet; thence southwesterly along a tangential curve to the left, a distance of 15.03 to the easterly right of way line of State Highway No. 47, said curve has a radius of 117.38 feet; thence south 28 degrees 38 feet and 30 inches east, along said right of way, a distance of 52.43 feet; thence northeasterly, along a nontangential curve, concave to the southeast, a distance of 20.61 feet, radius of said curve is 67.38 feet and the chord bearing as N 46 degrees 47 feet and 44 inches east; thence north 55 degrees 33 feet 33 inches east, tangent to said curve, a distance of 63.26 feet; thence northeasterly, along a tangential curve to the left a distance of 46.00 feet to the north line of said Lot 26, radius of said curve is 85.00 feet; thence north 89 degrees 44 feet 00 inches west, along said north line, a distance of 66.48 feet to the point of beginning. That part of Lot 26, Block 4, Hamilton’s Addition to Mechanicsville, Anoka County, Minnesota, described as follows: Beginning at the northwest corner of said Lot 26; thence on an assumed bearing south 89 degrees 44 feet 00 inches east along the north line of said lot, a distance of 61.75 feet; thence south 55 degrees 33 feet and 33 inches west a distance of 52.40 feet; thence southwesterly along a tangential curve to the left a distance of 15.03 to the easterly right of way line of State Highway 47, radius of said curve as 117.38 feet; thence north 28 degrees 38 feet 30 inches west, along said right of way line, a distance of 14.02 feet to the west line of said Lot 26, thence north, along said west line a distance of 26.89 feet to the point of beginning. Lots 27, 28, 29, and 30, Block 4, Hamilton’s Addition to Mechanicsville, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Anoka County. Together with those portions of the streets and alleyways accruing thereto by reason of the vacation thereof pursuant to Document No. 604170 and 1314044. Resolution No. 2015-36 Page 3 EXHIBIT B SP# 15-06 Special Use Permit for an Electronic Changeable Sign Super America, 5667 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. Proposed sign modification shall not occur until the TOD Overlay District text amendment under consideration which allow electronic changeable message centers on free-standing signs has become official. 3. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 4. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area.