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Res 2016-34 Approving SP #16-05 RESOLUTION NO. 2016 - 34 A RESOLUTION APPROVING SPECIAL USE PERMIT, SP #16-05 TO ALLOW LIMITED OUTDOOR STORAGE AT ALL TEMP DISTRIBUTION COMPANY, AT 5400 MAIN STREET 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 July 20, 2016, the Fridley Planning Commission held a public hearing to consider a request by All Temp Distribution Company, for the property located at 5400 Main Street NE in Fridley, legally described in Exhibit A, attached for Special Use Permit, SP #16-05 to allow limited outside storage; and WHEREAS, at the July 20, 2016 meeting, the Planning Commission unanimously recommended approval of Special Use Permit, SP #16-05; and WHEREAS, on August 8, 2016, 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 #16-05; and WHEREAS, the petitioner and property owner, All Temp Distribution Company was presented with Exhibit B, the stipulations for SP #16-05 at the August 8, 2016 City Council meeting; and WHEREAS, on August 8, 2016, the Fridley City Council approved the outdoor storage locations as represented in Exhibit C to this resolution, as the only locations where outdoor storage can exist on the subject property; and WHEREAS, the petitioner, All Temp Distribution Company was presented with Exhibit C, the site plan depicting the outdoor storage locations for SP #16-05, at the August 8, 2016 City Council meeting; 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; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special Use Permit SP #16-05 and stipulations represented in Exhibit B and the outdoor storage locations depicted on Exhibit C 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 8 DAY OF AUGUST, 2016. ________________________________________ SCOTT LUND – MAYOR ATTEST: __________________________________ DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP #16-05 Special Use Permit for Limited Outdoor Storage All Temp Distribution Company – 5400 Main Street NE Fridley MN 55421 Legal Description That part of Lot 2, Auditor’s Subdivision Number 78, Anoka County, Minnesota, lying Southerly of State Highway Number 100 (1-694), as the same is now laid out and constructed; Also that part of Lot 2, Auditor’s Subdivision Number 78, Anoka County, Minnesota, described as follows: Commencing at a point on the East line of said Lot 2, distant 1400.45 feet North from the Southeast corner of Section 22, Township 30, Range 24; thence North along said East line 0.7 feet; thence North 85 degrees 50 minutes 45 seconds West 845.35 feet, more or less to the Easterly right-of-way line of the Northern Pacific Railway as the same is now laid out and constructed; thence Southerly along said East right-of-way line 0.7 feet; thence South 85 degrees 50 minutes 45 seconds East 845.3 feet, more or less, to the point of beginning. For the purposes of this description, the East line of said Lot is considered to be due North and South; AND ALSO Lot 1, Auditor’s Subdivision Number 78, EXCEPT that part of said Lot 1 lying South of a line drawn parallel with the South line of said Lot 1 and distant 660 feet North therefrom as measured at right angles with the distant 375 feet, as measured at right angles, from the center line of the main track of the Great Northern Railway Company right-of-way as the same is now laid out and constructed; AND ALSO That part of the South 660 feet of Lot 1, Auditor’s Subdivision Number 78 in the Southeast Quarter of Southeast Quarter of Section 22, Township 30 North, Range 24 West of the Fourth Principal Meridian, Anoka County, State of Minnesota, according to the recorded plat thereof, described as follow: Beginning at a point in a line parallel with and distant 660 feet Northerly, measured at right angles, from the South line of said Lot 1 (said South line also being the South line of said section) and 361 feet Easterly, measured at right angles, from former Northern Pacific Railway Company main track center line as was located on May 23, 1947, said line which is 660 feet Northerly of the South line of said Lot 1 is hereinafter referred to as “Line A”; thence Southerly parallel with and distant 361 feet Easterly, measured at right angles, from said main track center line, to said South line of Lot 1; thence Westerly along said South line 60.30 feet; thence Northwesterly in a straight line to a point in said “Line A” distant 154.54 feet Westerly, measured along said “Line A” from the point of beginning; thence Easterly along said “Line A” to the point of beginning. EXCEPTING THEREFORM Those parts of Lot 1 and Lot 2, Auditor’s Subdivision Number 78 in the East half of Southeast Quarter, Section 22, Township 30 North, Range 24 West of the Fourth Principal Meridian, Anoka County, State of Minnesota, according to the recorded plat thereof, described as follows: Beginning at the point of intersection of a line parallel with and distant 660 feet Northerly, measured at right angles, from the South line of said Lot 1 (said South line also being the South line of said section) and the Easterly boundary line of the former Northern Pacific Railway Company, now Burlington Northern, Inc., right-of-way; (Easterly boundary line is parallel with distant 75 feet Easterly, measured at right angles, from the centerline of the main track of former Great Northern Railway Company as was originally laid out and constructed and as was located on May 23, 1947); thence Easterly along said line parallel with and 660 feet Northerly of the South line of Lot 1, for 101.35 feet; thence Northwesterly in a straight line to a point in the Easterly boundary line of said Burlington Northern, Inc., right-of-way, distant 710.40 feet Northerly, measured along said Easterly right-of-way boundary, from the point of beginning; thence Southerly along said Easterly boundary line of said Burlington Northern, Inc., right-of-way to the point of beginning. EXHIBIT B SP #16-05 Special Use Permit for Limited Outdoor Storage All Temp Distribution Company – 5400 Main Street NE Fridley MN 55421 STIPULATIONS 1. Outdoor storage area shall be limited to the three areas as shown on Exhibit B of the resolution approving this special use permit request. 2. Existing outdoor storage in the southwest corner of the site shall be relocated to the new approved location with 30 days of paving of outdoor storage, Site F. 3. The petitioner shall comply with any regulations set forth by the Mississippi Watershed Management organization. 4. The petitioner shall comply with any requirements set forth by the City’s Engineering department. 5. A 25 ft. drive aisle shall remain clear around the building to provide sufficient fire access. 6. Installation of hard surface for Site F, as shown on the site plan shall be completed by December 31, 2016. Installation of hard surface for Site A and the storm water pond shall be installed by December 31, 2017. 7. Installation of new fence and ivy along the west property line shall be completed by May 31, 2017. EXHIBITC