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SP16-04-REVOCATION PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Genter, 6431 University Avenue N.E. on Monday, August 14, 2017, at 7 : 00 p.m. For the purpose of : Consideration of a Revocation of a Special Use Permit, SP #16- 04 , by Mobile Maintenance, for expanding commercial parking, in an R-1 Zoning District, generally located at 513 Fairmont Street, the legal description is on file and available at Fridley Municipal Center. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Julie Jones, Planning Manager, at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than August 7, 2017 . The TDD number is 763-572-3534 . DEBR.A A. SKOGEN CITY CLERK CITY OF FRIDLEY Publish: July 28, 2017 --� � - 2� _� -�- �� c�S �Y ' CITY OF FRIDLEY ' PUBLIC HEARING � BEFORE THE y CITY COUNCIL Notice is here6y given that there � will be a public hearing of the Frid- ley City Council at the Fridley Mu- d nicipal Center,6431 University Av- �f enue N.E. on Monday, August 14, 2017,at 7:00 p.m. For the purpose ot: Consideration of a Revocation of a Special Use Permit, SP#16- d 04,by Mobile Maintenance,for ex- �� panding commercial parking,in an R-1 Zoning District,generally locat- � ed at 513 Fairmont Street,the legal description is on file and available � at Fridley Municipal Center. �� Any and all persons desiring to be heard shall be given an op- � portunity at the above stated time and place. Any questions related to this item may be referred to Julie Y Jones, Planning Manager, at 763- d 572-3599. � Hearing impaired persons plan- i' ning to attend who need an inter- �' preter or other persons with dis- �, abilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than August " 7,2017.The TDD number is 763- 572-3534. f DEBRA A.SKOGEN CITY CLERK rtl CITY OF FRIDLEY �� Published in the ial Columbia Hgts-Fridley Sun Focus �d- Ju�y 28,2017 �a- 714627 ds; COI1tIC1UES.NPvf D.,..-. CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE CITY COUNCIL TO: All property owners/residents within 350 feet of the property enerall located at 513 Fairmont Street. CASE NUMBER: Special Use Permit, SP# 16-04 APPLICANT: Mobile Maintenance Petitioner or re resentative must attend the Cit Council meetin . PURPOSE: Consideration of a Revocation of a Special Use Permit, SP#16-04, by Mobile Maintenance, for expanding commercial parking in an R-1 Zonin District. LOCATION OF 513 Fairmont Street PROPERTY AND LEGAL The legal description is on file and available at Fridley Municipal DESCRIPTION: Center. DATE AND T/ME OF City Council Meeting: HEAR/NG: Monday, September 11, 2017, 7:00 p.m. The City Council Meetings are televised live the night of the meetin on Channel 17. PLACE OF HEAR/NG: Fridley Municipal Center, City Council Chambers 6431 Universit Avenue N.E., Fridle , MN. HOW TO 1. You may attend hearings and testify. PART/C/PATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODAT/ONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Se tember 5, 2017. The TDD# is 763-572-3534. ANY QUESTIONS: Contact Julie Jones, Planning Mana er, at 763-572-3599. Publish: July 28, 2017 i,r- Community Development Department � F=i��ey Public Hearing Notice �.T : . . � , ; + , } .t _-�.. 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C�ese-�osed July 9, 2009 Staff granted an extension July 23, 2009 Case was closed due to compliance August 23, 2010 Staff sent owner letter regarding violations of outside storage SUP& parking employee vehicles on the street September 16. 2010 Met with owner onsite &granted extension October 1, 2010 Closed case ,��, --{ ; ��•,,, -" ._,�; � February 22, 2012 Staff sent owner a letter regarding lumber stored above the fence line March 9, 2012 Staff closed case due to compliance December 18, 2013 Staff sent owner letter, stating that they were in violation of stipulations of 1993 permit with truck parking on a residential lot,truck parking on a County-owned lot across the street, and parking on unpaved surfaces. Staff brought SP#93-10 back before Council for violation of stipulations February 10, 2014 City Council held public hearing to consider revocation of permit, but instead of revoking SUP, passed Res.#2014-18, adding a 7t"stipulation, giving owner until February 10, 2016 to install curb and gutter, moving pavement 5' back from west property line of 505 Fairmont St lot May 27, 2015 Engineering sent property owner a letter with drawing to further explain what needed to be done to install curbing March 30, 2016 After calling owner the week prior, and discovering that he wanted to apply to rezone the residential property at 513 Fairmont St, staff notified property owner that his deadline to install curbing had passed with no land alteration permit applied for, so staff would proceed to schedule another public hearing re: revocation of SP#93-10 if rezoning request was not received by April 15, 2016 April 25, 2016 After meeting with staff, property owner instead applied for an SUP to expand automobile parking onto the residential property he owned at 513 Fairmont St. June 15, 2016 City Council granted SP#16-04 to expand automobile parking at 513 Fairmont St. June 30, 2016 Records of SP#16-04 were filed at the County October 18, 2016 Staff confirmed by inspection that owner failed to complete paving by September 2016 deadline, making several calls to owner&watershed district October 19, 2016 Staff notified owner that a public hearing was being scheduled for November 14, 2016 to consider revocation of both of his permits November 11, 2016 Property owner sent staff a letter,explaining the effort they had made,attempting to obtain the required Watershed permit, so staff did not advertise public hearing, giving owner more time to obtain the watershed permit �y�,�,�...� ��' ` February 13, 2017 Staff confirmed with Coon Creek Watershed ��-" f District that owner had still not completed the ;;�, ��°'") �� steps necessary to obtain his watershed permit, ��:�Lc �a r_. despite their attempts to resolve the issue June 13,2017 Seeing no improvements initiated on the site, staff sent property owner a letter announcing plans for an August 14, 2017 public hearing date for revocation of both SP#93-10&SP#16-04, but requesting a meeting with the owner June 28, 2017 Staff met with property owner, notifying him that we were proceeding with hearing date of August 14,giving him time to compete improvements August 9, 2017 Staff attempted to reach property owner by phone as a reminder of hearing, but his voice mailbox was full The petitioner has operated his business at 505 Fairmont Street for 26 years. The City Council granted a special use permit to allow outdoor storage of material and equipment on the 505 Fairmont Street property in 1993. Several stipulations were attached to that special use permit approval in 1993. When the City conducted systematic code enforcement inspections of our commercial and industrial properties in 2009, staff noticed that the petitioner was in violation of his special use permit related to the outdoor storage and inoperable vehicles. Since 2009, city staff has notified the petitioner in 2010, 2012,and 2013 of special use permit violations on the property related to outdoor storage and parking violations. In 2014, city staff brought the special use permit before the City Council to consider revocation. Instead,the City Council amended SP#93-10 with a seventh stipulation, clarifying that the property owner needed to install curbing on the west property line. In 2016, the owner obtained a new SUP to expand automobile parking onto a residential lot that he had purchased in 1995 adjoining his business.The property owner did not obtain the necessary permits to complete the improvements. Instead, in May of 2017, the property owner decided it was too expensive to expand the parking lot for his business and decided to cut back the paved area on the 505 Fairmont Street lot as stipulated by Council in 2014. However, as of August 9, 2017,that work has not commenced. _ _ ____._ . , � � � -�-�� ti ! �'-�-�.'�-�-� � -�,�. ��.� � -�/�-�-��' -- _ _ _ _. . _ --� � --�-�-��,c� � �l �l�'� ._. ___ _ ��-`�� -�c��'' "�1, �"�'�''� -a�e� )1'�''' �� ' �� .,� �S�.: _ -�_ 0� (�� ,��,�,� � .t . — �� -�s�� _� �,� �-,��,,,,��s'�-f-� � UM � -�,,�,c�(� � �'1 an�-�c� ��. �. ' __ _ _ _ ��L9 S' ,,L � 4; �� , a _____ __ _ _ _ _ _ _ _ __ __ _� _ s�n ��n� _ _ _ _ , _ ��U� _ _ : ; 3 Z � U:S� ...Li9 � d i 'i -� �;�� n� �:�� --�) �� , �,,,1,,,u.�-� �; -�-� � . _ _ _- -a�-�� ,-�-p'--�- �Q �no -�-�,� 1� '� �z��''a� �J�/-}-� s,�--}- ; �,i�,(_,�� 1/! �''1 �h�� -��h`� �'"' S� 1� d'� ��''�'� . .� _ _ _. �-'I �,-�-��,,.�" -�-rr�-°1 �-C�' '�`�:"� �a-�.'c��a.� � �,�r> ��' ; - _ _ _ _ ��. �� _�� -�� °�+ - p�� J � _�- _ �,�v�� .��; �� .: L.l ��' �I � _, � � ' �y� i.�r' / ._:..�'--�--,L. Receipt# Permit No. � %�� F�: � �� CITY OF FRIDLEY RESIDENTIAL DRIVEWAY PERMIT APPLICATION APPLICANT t Tel.# ��QT�_��'��_ Contact Person ) �i (� Email: o�Q� 1'�'�f( ,�'p7YI�,Q,y�1'!Jt-Y Address 1'11 N \ ," J� � CONTRACTOR ` '� (Yl�'C Y, � Tel.# ��3�� !_I�___ � i��(�,/� Contact Person Email: ►�'�{ (� Address 1�' N � 1`� PROPERTY OWNER(S) NAME Tel.# ��?'�1��1 Address 1� Email: ��'`�►i'C.�� r��/� LEGAL DESCRIPTION OF PROPERTY Lot: � � Block: Addition: �) V) Address: � _ -�, :,1' } �� r- � �� . . DESCRIPTION OF WORK Value of Work: $ �� Starting Date: � � Completion Date Dimensions of Existing Driveway: / � ��f Dimensions of Proposed Driveway: . �� x 10.Jr O,US Qdt�k. Al�alJG�VtC.�_ DESCRIPTION OF PROPOSED CHANGES Q t/GLc.� �� o c�� (��, ` ' , l � Page RESIDENTIAL DRIVEWAY PERMIT APPLICATION STIPULATIONS READ BEFORE SIGNING APPLICAT[ON 1. Operations shall be limited to 7am to 7pm and shall not interfere with the health and safety of surrounding residents and the premises shall be maintained at all times so as not to create a nuisance. 2. At the end of each day's operations,the site is to be left in a neat and orderly condition,and all adjacent streets swept clean of dirt. 3. Curb placed in Ciry ROW must meet the requirements of the attached standard detail. 4. The Contractor completing the work must be registered with the City of Fridley. Call 763-572-3604 for more infarmation on registration. 4. The Contractor,or Owner,will call the City at 763-572-3552 to arrange for an inspection of the forms prior to placing concrete or asphalt on site. Twenty-four hour notice is required for inspections and will be provided between 8:30 am and 2:30 pm Monday through Friday. 5. Repair to the bituminous surface on the roadway side of the curb will be the responsibility of the owner/contractor. Bituminous pavement removed will be saw cut and the replacement area sub-cut two feet and filled with class V aggregate compacted in six inch lifts to 95 percent standard proctor density.Sub-cut area must be inspected by City of Fridley prior to placement of class V aggregate. Ca11763-572-3562 to schedule the inspection. Bituminous patch will match the existing pavement,or a minimum of 3 inches coinpacted wear course bituminous. 6. Erosion and Sediment Control is required during work. Streets and gutters are to remain free of dirt at all time. Street sweeping required each day and all disturbed areas planted with suitable vegetation and pratected to prevent erosion. 7. Upon completion of paving operations or expiration of this permit, an inspection will be made by the City of the premises and adjoining streets. Any damage found to have been caused by these operations will be conected by the applicant upon notification by the City. Date: ��`/7 pplicant's Signature Date: _ ��-� � roperty Owner's Signature Date: Property Owner's Signature FOR CITY USE ONLY Recommended for Approval By: Date: A roved B ��'�`" J"�'�----t°�'L i'/�/� PP Y� Date: , PERMIT EXPIRATION DATE: 5' �;` '' 3 � Page . WIDTH (MIN. 12' - MAX. 22') . '' PROPERTY �INE . .. � � � ' CONCRETE OR BITUMINOUS � . � , � alif� / � � alill ,,: � � • �- - 4�trtta�R � r�u�uutaa�� • � GUTTER LINE , r��NP � EXPANSfON JOINT wHERE NEW CONCRETE DR�VEWAY ABUTS EXISTING CURB OPENING CONCRETE CURB 8c GUTTER ' PLAN ' EXISTING OR FUTURE l �. ��P BOULEVARD AREA SIDEWALK AREA (6') • (SEE DETAIL) w z ' GUTTER UNE _ �--- � 4 �� • SLOPE � _ � . ��T (SEE NOTE 2) . � w _1 CONC. CURB • � �.--}'-p" a & GUTTER I , EXPANSfON JOINT WHERE NEW CONCRETE ORIVEWAY ABUTS EXIST�NG CURB OPENING . SECTION ❑N � DRIVEWAY . : ,� � IP DETAIL NOTES: 1. WHERE EXISTING CURB, CURB & GUTTER OR SIDEWALK SECTIONS ARE REMOVED TO FACI�ITATE CONSTRUCTION OF NEW DRIVEWAY, SAID SECTIONS SNALL BE REMOVED TO THE NEAREST JOINT. WHERE SAID NEAREST JOINT IS MORE THAN THREE (3) FEET BEYOND THE PROJECTED EDGE OF THE NEW DRIVE, A C�EAN SAW—CUT vdILL BE PERM�TTED, A BONDING AGENT APPUED TO THE CUT FACE. AND THE NEW SECTIONS POURED. 2. DRtVEWAY THICKNESS (T) SHALL BE 6" �OR CONCRETE WITH 4" CL. V BASE. AND 2 1/2 " FOR BITUMINOUS WITH 6" CL. V BASE. - 3. EXPANSIOt�/CONTRACTION J�INT REQUIRED ON DRIVEWAY CENTERLINE WHEN WIDTH EXCEEDS 16 FEET. DATE� DEC, 2015 � DRIVEWAY ENTRANCE DETAIL OT TO SCALE c;�•op • ,�. Fridley � ;i� /��. .�F.. / /�� - . '-.... � __. .�-r.. �, � n�^� �.79/�/ � `. .. _.�l ! ' _ 1 /r� /�'•'• r` ` � � �/ 1 � ` �"- , { `i 6c , . .°_, �c , � � � � Y _ ` `��- r �' `r � � � Y : i t � ` ^; '��. . C / -/ �' /� ��``�, � '1 _/ � � �.� `�3.�.� � ` ' // .`� �'-. 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M��'.,�":y.y �. , �..� ��'cV� , --. ,.;�.. _'��v,� � �„ �:. ��w. �,� ' y°_ � �,' � � � - " , � s�rs : �'� i_�'€x� ,�� c ��-f x � � '�' Y ,,� � 1 � ,;. ' � _ • , .,. . 1, L`— '- .�"— -- y-� - _ � .� . __. �''�.��:��''�_ ....r�" 1 ___ ,._ �_.__. .� J,�� :'a�K`ti.'w. , �°�S': .__ `- �,. - - �� _ ' SP �i93-10 — - Steve Witzel H .C . NOIUM AH� ASSOCIATE�, -1�HC. LAND SURVEYI e tphone� - P. O. 80X 33026-COON RAPIDS� MINN. 55433 �21-782i 10731 MrSSISSIPPI BLVD. N.W. , COON RAPIDS, MN � �_ i CERTIFICA7E OF SURYEY:�O.�� STEVE WITZEL � \ �///�// ! i� h �� CO �`a�x. { w 31,�8 � I,y, N r � . • � . t d./a - L.,aN� ,��x. i � � � �' S� , I � O / . ! � � �� z . �� V � i. - '� � , � � ��5'r �/ V �///��3(0� /��/i; �� "�� .SCALE: ; �AR� � , �9 �� • 1 676Z-259/2 � i , � � � Denotes Ir ,� . �a o j I � 9 ` � 10.77 ` � � � Denotes Ir, � _ ` � � Q 4 �_, 1 � a. � �a � � - ` ! , �90 '�� ! ` oz 1 i 1 . 1 ' ! � I �`\ ti f ��'�rj -' . i -' �' " Lots 9 arid 10, B O�� RIVERVIEW HE 1�� I6HT �� Anoka County, Mi . � 1 HEREBY CERTIFY THAT THIS IS A TRUE AtiD CORRECT REPRESENTATION OF A SURVEY OF TME BOUNI, OF THE ABOV� DESCRIBED LAND, ANO THE IOCATION OF ALL BUILDINGS, THEREON, AND AlL V15181.� GROACHMENTS, IF ANY, FROM OR ON SAID LANO. - AS SURVEYED BY ME THIS..,,,15th November ' �Q . .,,,�..,,._ .....D A Y 0 F .............................................A.O. 1 . ........... _`.+ •.•N.G•. MOIUM'A - SSOC�S, IN . f . . �� --.-- : l -�.. � /��1_ � _ _' ^ _ __ XFINITY Connect stevemmi(�comcast.net t Font Size- FW:MMI Parking lot From :Eileen J. Weigel <eweigel@wenck.com> Thu,Apr 13,2017 09:49 AM Subject :FW: MMl Parking Lot To :stevemmi@comcast.net Steve, The District will not require MMI to go through the permiriing process. However,we do request that before you begin construction activities,you provide an erosion control plan to the District (2 copies). The erosion control plan needs to address the following issues: F Erosion c�ntro) measure {silt fence or biologs) shown on plans that protects adjacent property. �� • Provide note that requires stabilize vegetation in 7 days of rough grading or inactivity. • Provide note that any sediment tracked onto the street from construction activities will be removed on a daily basis. • If soil stockpiles are proposed, a note that they will be fitted with sediment-trapping measures to prevent soil loss. • Start and End dates of construction activities (p��/�7 _ (o/3c�/i'1 Inspections will be performed during the construction acfivities and after completion. If you have any additional questions or need clarification, please feel free to call at 763-252-6853. Thanks, Eileen Eileen �. Weigel - Wa[er Resource Engineer, PE(MN) �^�WENCK Ez�cpl OnJI OVLCOMCS. eweigel@wenck.com � D 763.252.6853 7500 Olson Memorial Highway � Suite 300 � Golden Valley, MN 55427 ., � r � �.., �_ . . ,,_ �. ...... ,�.««...�..,. a, .r , 1'�obile Maintenance Inc I ' , YOU CAN COUNT ON USi! Ser�>>ce with a Srr�ile! � � Mobile Maintenance and Stephen K. Witzel,hereby agree to compiy with requirements of the Watershed District as outlined in the emailed received on 4/13/17. Requirements include: -stabilize vegetation in 7 days of rough grading or inactivity -any sediment tracked onto the street from construction activities will be removed on a daily basis -any soil stockpiles will be fitted with sediment-trapping measures to prevent soil loss. A copy of placement of erosion control measures by use of Biologs is attached. Weather permitting and contingent upon contractor availability,construction activities are proposed to start 6/1/17 and be completed by 6/30/17. Sincerely, ..-- Stephen . itzel S�i(��I� .)�1;.� .�_i.�1i'cl��. C�t� «.'t�.��... �, �.'ti'f p. t=w-.1..._. :; ttkt, t�•i,llltti':f. .�� .i;?-a .L ". t,r��3:}) t �'-�-�/ i iit � �l�r�� t/{).:�� /�")`�-�.'-�� i ��"�� AGENDA ITEM � r��:�r CITY COUNCIL MEETING OF f ° Friciley AUGUST 14, 2017 Date: August 10, 2017 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Public Hearing to Consider Revocation of SP#16-04 for Mobile Maintenance for Parking Background In June of 2016,the owner of Mobile Maintenance, located at the corner of East River Road and Fairmont Street, obtained a special use permit to expand his business' parking lot onto a residentially-zoned parcel he owns adjacent to his business. He was given a deadline of September 30, 2016 to install pavement and curb and gutter. The owner did not meet that deadline for the stipulations of the permit, and the City staff negotiated an extension to May 15, 2017 to complete the improvements. With the improvements and stipulations still not begun a full year following issuance of the permit, staff met with the property owner a few weeks ago. Steve Witzel,the property owner, indicated that he had decided not to expand his business parking lot onto the adjoining residential lot. He had, instead, purchased a different business site, was moving his larger trucks to the other site outside of Fridley, and was going to instead comply with the stipulations of a 1993 SUP for outside storage on the property and bring the business lot into compliance with parking setbacks, installing curbing and landscaping on the west side. Staff explained to Mr. Witzel at that time that there would need to be a public hearing to declare the 2016 SUP for expanding business parking onto a residentially-zoned lot null and void as he did not meet the stipulations due to a business plan change. Staff warned Mr. Witzel that the 1993 SUP was contingent on him meeting the 5' parking setback on the property's west side and moving his larger trucks to his business location in a different city. This matter was advertised to be heard at a public hearing on August 14, 2017. Recommendation Staff recommends that the City Council hold a public hearing on August ]4, 2017 to consider revocation of SP#16-04 since the property owner has decided to take a different approach to solve his truck parking needs. However,the business owner has not yet completed the agreed upon alternative. Therefore, staff recommends that the City Council hold the public hearing open until September 11, 2017,to coordinate action on this permit with a related special use permit at the same business. This will allow the Council time to consider their decision regarding the attached resolution proposed on the same schedule as the related item on the Council agenda on August 14 for this business. RESOLUTION NO. -2017 A RESOLUTION REVOKING SPECIAL USE PERMIT #16-04 FOR MOBILE MAINTENANCE, INC. TO EXPAND AUTOMOBILE PARKING IN AN R-1 ZONING DISTRICT, GENERALLY LOCATED AT 513 FAIRMONT ST NE, FRIDLEY WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, on June 13, 2016, the City of Fridley issued special use permit SP#16-04 for expanding commercial automobile parking in an R-1 Zoning District at S 13 Fairmont Street, legally described as Lots 9 and 10, Block I, Riverview Heights;subject#t� six stipulations that were required to be met by September 30, 2016; and WHEREAS,to date, the owner of Mobile Maintenance has not completed the xrr�i�xovements as stipulated due to a change in business plans and has indicated that he no longer pla�,S to expand his business' parking lot as allowed in SP#16-04; and WHEREAS, City Zoning Code Section 205.OS.S.H requires the City Council to revoke a special use permit, following a public hearing, when there is failure to cornply with any and all conditions and stipulations of the issued perrnit; �� NOW, THEREFORE BE IT RESOLVED, ,that t��sed on failure to complete the improvements as stipulated,the Gity Council of��re�City of Frxdley hereby revokes the special use permit SP #16-04 �ar'expansion of automobil�;parking at Mobile Maintenance, Inc. at 513 Fairmont St NE. �>, PASSED AND ADOPTED BY THE ��T4' ('QUNCIL OF THE CITY OF FRIDLEY THIS DAY faF , 2017. ��` �" .r ` ��< �,,: Scott J. Lund, Mayor :,� ATTEST: '` � Debra A. Skogen, City Clerk mapFeeder Page 1 af 2 � f � f 1 ,, �� ,r�^°"`, ; ; � �� : Paretts � �� rr,`�.,`�� "� , r � �,__n��.._..��.._u....... � �i i',�,,�� ' t;�s � � "a 1 t a i� � i�l�l ",�� ", _ � �� lp I 0 �II� ��If� a . fi . �"�j 3� �iy'. .. � � a� �7t'a 1 f 1 ViewFortn ,�: �.�-�,.�--_-.--,- i Kr„W� ��I I� �� 'e 'f �.. '��..._ � il' I �iu�"j��il' I�+li� 41ih � y- t I IY i� i „t!i�o v ', � �I�R� �1 �< �r � a' r � 3 506 FAIRMONT ST NE � � �, �/" . �,> "� ��; . Ownec STEPHEN K 1MTZEL „ " - � � " � i�", PfN:033024240128 j� � ,. ; �� °�s4�a� 4 ��i a � Parcel Acres Deed:0.15167963 �� '� '� �� '� �� . '" ��. � r �' �a,- ��+' � � �' 20ning:C-1 �. z x`. � � ' � � � • �€i2 .�� Parce!Plef Name: �/ , , ��s ��r � �'� ��,� � �� ` � f �� ` � .� �, Lof Dimensions:S80'110 � � �� TaxpayerName:WITZEL STEPHEN K � �r� �; � �� # � �, t �,,,, �� i TaxpayerAddrLu:505 FAIRMONT ST NE r �� '` � `�� ' � �' � �;1 , h �'. 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(http:Ilgisdocs anokacountymn.govlOBlmageGe�Dowment<+ //�,/� ,�i„" .g, � �w �� i nesT ia=ss�z9.o> ;"�� °� � � y �r ��i s%, Sedion Half Link(http:/lgis.anokacounrymn govRfnks/Hal( a ��"�` � , � ��' �� ; '�,.,, � Sections(Scans)/FridleyfFndleY(05){8S9}N-0330.24 `� i r,' �� ' � i�: ; '- � ,r � �t,� ��"� ( )-0� ` Lasefiche Property Files � � „�� r � �� " �', ��' ��i rr (hrip7JdacweD.ei.fidleyron.uslWebLinklsearcAsspx9 i % � '�ir' o r� �%i% ��"r,,;, , % � �r s �/��/// i�% i �s / �i', searchcommand=967b%SbFridley°h24% � � � , ;,� �� ! �- i 20Properly+Fites%Sd%3a%5bPIN%5d%3d% � � �� `�� ` 220330242A0128%22%7d} � �� %� ... �.� , �� =�- � 3� '; : Pictomeiry Link � " y�//�� i " � � � ��/� y<y�„ (http:dgis anak�otuiCYmn,gcrvtwuhg�s�'}z4r,tet��favft.�spx� , ��/ 5 ;� � , ,��, ��, �q � � LatslS.t 158000000000008Lon=93283900000000003) y� � / � �' ��; 3+ta� � � � � . ..._.. �� ; ��i�- ��o� �e �"%��./, ��/� .. ��/ ��.� �� .�n i, � � � � ��` �� c ,� �� ,� � � � � � � �� x, �� .y � x�� .�i '� �.t=- u., l �i% �" � %� �� ';„ s`�,° .!� ��,� �/f�/,- � �'c.�� , ,�., � , ��' . �,�i�%i��, y� � .i� �.�� ,. ��i��""'"'"is��'� '� � � �„ ;ii ` I "�'� %i9 �,//./ n � g � ' � � / � � � �',/.� � / � ° �i;; ,.. � � (1�,�'y�. ,( . ... i �i�,�A"i.��. �'r� �/#%:r, � ,: .. . . y�' : .. . . .. � I https:!!www.mapfeeder.netlfndle}rhJ2 8/8/2017 9 '.„ K� ��,..;',�,m;'�� _, �ricile}' FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N. E. FRIDLEY, MN 55432 (763) 571-3450 • FAX(763) 571-1287 •WWW.CI.FRIDLEY.MN.US May 27, 2015 PW 15-010 Mr. Stephen Wetzel 505 Fairmont Street N.E. Fridley, Mn 55432 Re: 505 Fairmont Street NE Curb Requirement Dear Mr. Wetzel Attached is a figure showing the location of the curb to be installed on the west side of your property at 505 Fairmont Street in Fridley. The new curb is to be located five (5) feet east of the west property line of the lot. The curb is to be extended to the existing curb in Fairmont Street as shown. If you have any questions in this matter, please feel free to contact me at (763) 572-3551 or by email at ion.lennander(a�fridelymn.qov. Best Regards, Jon Lennander, PE Assistant City Engineer JXL/jl 505 Fairmont Street NE Curb Location For Stephen Witzel �r � � ,. ��"- ��.. � zf> �'F d� � � ,�, �, �� q �, / 4 y �t J�; �� r''-�` - �� y � �� ss � �"� x �`� � ja„ h�, ./ ��„�,� � ��, �� ^? � - � � �R � � �� „ f � /„��" z /o'"/ ��'� � '"�„ t� ��z� ��,i�� F j �-, ��3', „u ' k�� 1 i s r;, � r a� � .%�� s f, �" <��r°.t v � �k , �� g�.: 'rn°'°�`,ar�/, �: .��f %� !". '�aev� � � '�" -: .s �qy�s� � :,.a"`" 5 � '� �A� a�s. ' .. �, � � � �"u n. / s �,��{t3e� �� .;�. ��'�� ;� `,F > „, �� „, � � .: � .. � ;,.. `�� , �. - , , � h T ;, , ...,31 � „ ,. ; F + .. � 4 � _ � t � �� #` � } j� � .,:� � .��...� a�� { j l�..» 4..Fs:��. 4'S*� di� �. na��. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 8 MOTION by Councilmember S e to continue the public hearing to October 9, 2017. Seconded by Councilmember com. UPON A VOICE V E, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CAR D UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED T OCTOBER 9, 2017. 4. Consider Revocation of Special Use Permit, SP #16-04, far Mobile Maintenance, Inc., to Expand Automobile Parking in an R-1 Zoning District, Generally Located at 513 Fairmont Street N.E. (Ward 3) MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the pubiic hearing. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:17 P.M. Scott Hickok, Community Development Director, said he would present Items 4 and 5 together. The City granted Mobile Maintenance a special use permit for outside storage (SP #93-10) in 1993. In 2009, systematic inspections of businesses resulted in a special use permit violation code case, which was resolved. Complaints regarding storage outside the fence and parking off- site were received on this property in 2010, 2012 and 2013. Council held a public hearing in February of 2014 and added a seventh stipulation requiring curb installation 5' from the west side of the 505 Fairmont lot. Mr. Hickok said despite a 2-year grace period, the parking setback is still not in place. When City staff proceeded to schedule a revocation hearing, the owner indicated he wanted to remove the R-1 lot instead. Due to neighborhood complaints, staff advised the owner to apply for a special use permit if he was going to expand parking onto adjoining the R-1 lot. The owner applied for a special use permit automobile parking on the R-1 lot. Council granted SP#16-04 in June of 2016. Paving was to be completed in September of 2016. The September 2016 deadline passed with no new pavement. As staff began planning another hearing, the owner asked for more time. A maintenance agreement with Coon Creek Watershed was not filed. By the spring of 2017, staff was preparing for another revocation hearing. Mr. Hickok stated in May of 2017, the owner said he had bought a truck storage site elsewhere, and wanted to revert back to the 2014 plan to cut existing pavement back 5' from the west line. Staff provided another extension to August 14, 2017, scheduling a public hearing for revocation of both existing special use permits in case the owner did not comply. As of August 9, there has been no progress. Mr. Hickok said that staff recommends delaying action on both special use permits until September 11, 2017. Special Use Permit, SP #16-04, needs to be revoked, as the owner has changed his plans. Stipulations to cut the pavement back 5' from west property line need to FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 9 occur. The large trucks need to be moved off site or to the west side. The large trucks are a vision safety issue. Councilmember Bolkcom said she thought they have been given an incredible amount of time. She said she was interested to hear from the property owner and how we will move forward. She noted a typo on page 61--"given time to complete" is not the correct wording. Mr. Witzel, property owner, said has had a hard time getting the cement contractor to coordinate with the excavation contractor. Excavation did their job and the curb is to come in tomorrow. It has taken almost a month to do this. Mayor Lund asked if he let the contractors know he was under a time constraint. Mr. Witzel replied yes. Mayor Lund asked if he was comfortable with the 30-day extension. Councilmember Bolkcom asked if he still needed to get the Coon Creek Watershed District permit. Mr. Hickok replied no. Staff at Coon Creek Watershed District reviewed this and it is not needed. Councilmember Bolkcom asked if he was working on a plan to move the big vehicles. Mr. Witzel said he thought that having the vehicles there moved traffic away from the intersection of East River Road. There are two lots that are 20 to 30 feet from the corner so the vehicles are not all the way to the corner. When you pull up to the stop sign with a car you can see left and right. Councilmember Bolkcom asked when the trucks would be moved. Mr. Witzel said they would be moved by September 11. The long-term plan is to move the trucks to a 25-acre farm in the northern suburbs and the majority of operations will go on there. The building with the red canopy will be used for office space, and minimal trucks will be on this lot. Councilmember Bolkcom asked if he was changing his business. Mr. Witzel replied when he found out what would be involved to put in a parking lot next door with rain gardens and what was needed from the watershed, the parking lot would be smaller and the improvements would cost more than the property was worth. He said it was smarter to invest money at a new location. Councilmember Bolkcom noted that the progress has been very slow, well over a year. She was concerned if it would be completed by September 11. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14. 2017 PAGE 10 Mr. Witzel said the parking lot will be done by the end of the week, and then he has four trucks to move. Mr. Hickok added the work had to be competed in accordance with the plan. Mr. Witzel said that moving the trucks just came up two weeks ago. Councilmember Bolkcom asked if that was a part of the stipulations from the special use permit. Mr. Hickok replied that moving the trucks has been discussed in the past. Mr. Witzel replied the first time he heard about moving the trucks was a few weeks back If he had known, he would have moved the trucks. Councilmember Bolkcom said she wanted to make sure he knew what needed to be done and will not be back asking for more time. A lot of staff time has been spent on something that should have been completed a long time ago. Mr. Witzel said he does not have to be brought in front of Council to get something done. Councilmember Bolkcom stated if moving the trucks was part of stipulations, it is not staff's responsibility to follow up on the stipulations. Mayor Lund said he had a plan to put a larger parking lot in there but the cost was higher, so now he is taking his business to another location. MOTION by Councilmember Bolkcom to continue the public hearing to Consider Revocation of Special Use Permit, SP #16-04, for Mobile Maintenance, Inc., to Expand Automobile Parking in an R-1 Zoning District, Generally Located at 513 Fairmont Street N.E. to September 11, 2017. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED UNTIL SEPTEMBER ll, 2017. 5. Consider Revocation of Special se Permit SP #93-10, for Mobile Maintenance, Inc., to have Exterior Storage of Materia and Equipment in a C-1 Zoning District, Generally Located at 505 Fairmont Street N. . (Ward 3) MOTION by Councilmember Bollccom t continue the public hearing to Consider Revocation of Special Use Permit SP #93-10, for Mo ' e Maintenance, Inc., to have Exterior Storage of Materials and Equipment in a C-1 Zoning D trict, Generaliy Located at 505 Fairmont Street N.E. to September 11, 2017. Seconded by Coun 'lmember Saeflce. r AGENDA ITEM t��` CITY COUNCIL MEETING OF rr;aiCY SEPTEMBER 11 , 2017 Date: August 30, 2017 To: Walter T. Wysopal,City Manager From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Continued Public Hearing to Consider Revocation of SP#16-04 for Automotive Parking in an R-1 Zoning District at 513 Fairmont Street, Mobile Maintenance Background In June of 2016,the owner of Mobile Maintenance, located at the corner of East River Road and Fairmont Street, obtained a special use permit to expand his business parking onto a residentially-zoned parcel he owns west of his business. He was given a deadline of September 30, 2016 to install pavement and curb and gutter. The owner did not meet that deadline for the stipulations of the permit,and the City staff negotiated an extension to May 15, 2017 to complete the improvements. With the improvements and stipulations still not begun a full year fo]]owing issuance of the permit, staff met with the property owner this past June. Steve Witzel,the property owner, indicated that he had decided not to expand his business parking lot onto the adjoining residential lot. He had, instead, purchased a different business site outside of Fridley, was moving his larger trucks to the other site,and was going to instead comply with the stipulations of a 1993 SUP for outside storage on the property and bring the business lot into compliance with parking setbacks, installing curbing and landscaping on the west side. Staff explained to Mr. Witzel at that time that there would need to be a public hearing to declare the 2016 SUP for expanding business parking onto a residentially-zoned lot null and void as he did not meet the stipulations due to a business plan change. Staff warned Mr. Witzel that the 1993 SUP was contingent on him meeting the 5' parking setback on the property's west side and moving his larger trucks to his business location in a different city. This matter was advertised to be heard at a public hearing on August 14,20l 7. Since Mr. Witzel did not have the curbing installation initiated by the date of the August 14 hearing, the City Council continued the hearing to September l 1,2017. Recommendation Staff recommends that the City Council hold the public hearing for special use permit SP#16-04 started on August 14,2017 and adopt the attached resolution revoking the permit. This revocation needs to occur and be filed at the County to clear the record that the property owner has decided to take a different approach to solve his truck parking needs and is no longer intending to use the residential lot for parking purposes. RESOLUTION NO. -2017 A RESOLUTION REVOKING SPECIAL USE PERMIT#16-04 FOR MOBILE MAINTENANCE, INC. TO EXPAND AUTOMOBILE PARKING IN AN R-1 ZONING DISTRICT, GENERALLY LOCATED AT 513 FAIRMONT ST NE,FRIDLEY WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, on June 13, 2016,the City of Fridley issued special use permit SP#16-04 for expanding commercial automobile parking in an R-1 Zoning District at 513 Fairmont Street, legally described as Lots 9 and 10, Block I, Riverview Heights, subject to six stipulations that were required to be met by September 30, 2016; and WHEREAS,to date, the owner of Mobile Maintenance has not completed the improvements as stipulated due to a change in business plans and has indicated that he no longer plans to expand his business' parking lot as allowed in SP#16-04; and WHEREAS, City Zoning Code Section 205.OS.S.H requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulations of the issued permit; WHEREAS,on August 14, 2017 the City Council of the City of Fridley held a public hearing regarding SP#16-04, and continued such hearing until September 11, 2017 to be assured that the business owner had completed alternative parking solutions; NOW, THEREFORE BE IT RESOLVED, that based upon a change in business plans, the City Council of the City of Fridley hereby revokes the special use permit SP#16-04 for expansion of automobile parking at Mobile Maintenance, Inc. at 513 Fairmont St NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,2017. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk FRIDLEY CITY COUNCIL MEETING OF SEPTEMBE 11 2017 PAGE 3 THIS ITEM WAS REMOVED FROM THE CON NT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Claims 177925— 178075. APPROVED. 11. License: Temporary On-Sale Into�cati g Liquor. APPROVED. ADOPTION OF PROPOSED CONS NT AGENDA: Councilmember Bolkcom asked f Item Nos. 3, 8, and 9 to be removed from the Consent Agenda and placed on the Regular genda. MOTION by Councilmember arnette to approve the Proposed Consent Agenda with the removal of Item Nos. 3, 8 an 9 with the correctians noted by the City Manager on item nos. 6 and 7 is for 161 properties. conded by Councilmember Varichak. UPON A VOICE VO , ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ANIMOUSLY. OPEN FORUM VI ITORS: No one from the dience spoke. ADOPTION F AGENDA: MOTION y Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 3, 8 and 9. econded by Councilmember Saefke. UPO A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE M ION CARRIED UNANIMOUSLY. PUBLIC HEARINGS/NEW BUSINESS: 12. Consideration Revocation of Special Use Permit, SP #93-10, for Mobile Maintenance, Inc., to have Exterior Storage of Materials and Equipment in a C-1 Zoning District, Generally Located at 505 Fairmont Street N.E. (Ward 3) (Continued August 14, 2017). MOTION by Councilmember Bollccom to waive the reading of the public hearing notices and open the public hearings. Seconded by Councilmember Saeflce. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11 2017 PAGE 4 UPON A VOICE VOTE, ALL VQTING AYE, MAYOR LUND DECLAR�D THE MOTION CARRIED UNANIMOUSL� AND THE PUBLIC HEARINGS OPENED AT 7:12 P.M. Scott Hickok, Community development Director, said he would present Item Nos. 12 and 13 together in one presentation. He stated that staff requested review this summer and the curb installation stipulated in 2014 had not been completed. The current status is that the curbing is installed, the sod is partially installed and some exposed soil remains on the adjoining residential lot. With respect to the parking situation, the large trucks are removed and employee parking is next door. Mr. Hickok said the owner obtained Special Use Permit, SP#16-04, in June 2016 to expand the parking lot onto the R-1 lot to west. Due to the expense, the owner decided to instead store the large trucks elsewhere and install curbing on the existing paved area. In order to clear the property record of this change, Council needs to revoke the special use permit and the City needs to adopt a resolution. Staff recommends Council revoke Special Use Permit, SP#16-04, by adopting the resolution as the owner has decided not to expand the parking lot. Council should consider continuing the hearing on Special Use Permit, SP#93-10, as sod/seeding needs to be completed on the R-1 lot and the new sod needs to be irrigated. Councilmember Bolkcom asked what would happen if the rest of the work does not get completed. Mr. Hickok replied they are choosing to irrigate the 5-foot strip of the commercial property and this can be done manually. If they irrigate and keep the sod/seed vital that would be acceptable. The other piece is on the residential lot, irrigation is not required, and that is the intent of the owner. Councilmember Bolkcom asked if the City had anything to keep the owner accountable if he does not do the work. Mr. Hickok replied the action to revoke the special use permit has to do with the residential lot and soil that is not covered yet. If the residential lot becomes an erosion issue, action could be taken at a later time. Mr. Witzel is meeting the requirements on the commercial lot. Mr. Witzel apologized and said he did not realize that the residential lot was separate from the commercial lot. He did make the commercial lot compliant and plans to seed the residential lot as soon as he can get someone to do it. Mayor Lund asked what the timeline was to seed the residential lot. Mr. Witzel replied within the next couple of days. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saeflce. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11 2017 PAGE 5 UPON A VOICE VpTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLpSED AT 7:24 P.M. Councilmember Bolkcom said Mr. Witzel has met the requirements, and Special Use Permit, ST#93-10 will not be revoked. 13. Consider Revocation of Special Use Permit, SP #16-04, for Mobile Maintenance, Inc., to Expand Automobile Parking in an R-1 Zoning District, Generally Located at 513 Fairmont Street N.E. (Ward 3) (Continued August 14, 2017) MOTION by Councilmember Bolkcom to adopt Resolution No. 2017-48. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Consider odification to the Fridley City Code, Chapter 205.30 0-5 Telecommum ations Tower and Facilities District, to Allow a Telecommunications Tower to a 1 0 Foot Height Provided Conditions can be Met to Blend into the Surrounding En 'ronment. MOTION by Councilm ber Saeflce to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, AL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND T E PUBLIC HEARING OPENED AT 7:27 P.M. Scott Hickok, Community Deve pment Director, stated that the City's telecommunications overlay created in 1997 has been a g eat tool that has needed little change over the last 20 years. However, technology is continually c anging which requires staff to look at doing updates from time to time. There have been inquiri s about whether under certain conditions a 150 foot tall tower might be permitted rather than the ode-required 125 feet. Staff has analyzed this question and is providing a recommendation of ap oval if certain criteria can be met. Mr. Hickok explained the criteria: The to r is located within 250 feet of any of the following structures that exceed the height of 150 feet. These structures include: buildings, power lines, and train/rail yard fixtures such as light fixtur . The tower can meet or exceed any local, State, or Federal regulations relative to tower fall dist nce. All permits required to replace or expand an existing tower shall be removed and approved y the City prior to alteration. Mr. Hickok said the current code requires stealth esign so that the tower to the extent it can, will blend in with the surrounding environment. In ridley, there are enormous above-ground power structures, railroad signal structures and other e ements which exceed 125 feet high. By allowing an increase in height on cell towers in areas where other taller structures exist, the stealth intent can be met. The increase in height will a o allow for more co-location on the towers of other cell carrier companies, therefore reducing th need for more towers. RESO�UTION NO. 2017 -48 �1 RESOLUTION REVOKING SPECIAL USE PERMIT #16-04 FOR MOBILE MAINTENANCE, INC. TO EXPAND AjJTOMOBILE PARHING IN AN R-1 ZONING DISTRICT, GENERALLY LOCATED AT 513 FAIRMONT STREET NE, FRIDLEY WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, on June 13, 2016, the City of Fridley issued special use permit SP#16-04 for expanding commercial automobile parking in an R-1 Zoning District at 513 Fairmont Street, legally described as Lots 9 and 10, Block I, Riverview Heights, subject to six stipulations that were required to be met by September 3p, 2016; and WHEREAS, to date, the owner of Mobile Maintenance has not completed the improvements as stipulated due to a change in business plans and has indicated that he no longer plans to expand his business' parking lot as allowed in SP#16-04; and WHEREAS, City Zoning Code Section 205.OS.S.H requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulations of the issued permit; WHEREAS, on August 14, 2017 the City Council of the City of Fridley held a public hearing regarding SP#16-04, and continued such hearing until September 11, 2017 to be assured that the business owner had completed alternative parking solutions; NOW, THEREFORE BE IT RESOLVED, that based upon a change in business plans, the City Council of the City of Fridley hereby revokes the special use permit SP #16-04 for expansion of automobile parking at Mobile Maintenance, Inc., at 513 Fairmont Street NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF SEPTEMBER, 2017. �o'� �� SCOTT . LUND - AYOR ATTEST: �t�( ,Gti.� DEBR.A A. SKO —CITY CLERK � �� i iiiiii iiiii i�iii�iiii iiiii iiiii iiiii iiii iiii Record ID 4057565 551824 . 002 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SPECIAL USE PERMIT COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Revocation of a Special Use Permit, SP #16-04 Owners: Stephen Kenneth Witzel The above entitled matter came before the City Council of the City of Fridley and was heard on the 11th day of September 2017, on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A Revocation of a Special Use Permit, by Mobile Maintenance, to revoke the Special Use Permit, 16- 04, to expand automobile parking in an R-1 Zoning, legally described as Lots 9 and 10, Block "I", RIVER VIEW HEIGHTS, Anoka County, Minnesota, genrally located at 513 Fairmont Street. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approved with 0 stipulations. See Resolution number 2017-48 STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribe my hand at the City of Fridley, Minnesota, in the County of Anoka on the oZ0-�'�► day of , 2017. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Cler , � . V nG � �',.' � . . , , � (SEAL.) .=,-w • �n ' i �,A �j ' �.�. . . _ '��, . ,G� . . _ �� .. �-' .,�:tP � ,\ . r�..� �y: � , i� . � ' � , ' f •1 RESO�UTION NO. 2017 -48 A RESOLUTION REVOHING SPECIAL USE PERMIT #16-04 FOR MOBILE MAINTENANCE, INC. TO EXPAND AUTOMOBILE PARKING IN AN R-1 ZONING DISTRICT, GENERALLY LOCATED AT 513 FAIRMONT STREET NE, FRIDLEY WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, on June 13, 2016, the City of Fridley issued special use permit SP#16-04 for expanding commercial automobile parking in an R-1 Zoning District at 513 Fairmont Street, legally described as Lots 9 and 10, Block I, Riverview Heights, subject to six stipulations that were required to be met by September 3Q, 2016; and WHEREAS, to date, the owner of Mobile Maintenance has not completed the improvements as stipulated due to a change in business plans and has indicated that he no longer plans to expand his business' parking lot as allowed in SP#16-04; and WHEREAS, City Zoning Code Section 205.OS.S.H requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulations of the issued permit; WHEREAS, on August 14, 2017 the City Council of the City of Fridley held a public hearing regarding SP#16-04, and continued such hearing until September 11, 2017 to be assured that the business owner had completed alternative parking solutions; NOW, THEREFORE BE IT RESOLVED, that based upon a change in business plans, the City Council of the City of Fridley hereby revokes the special use permit SP #16-04 for expansion of automobile parking at Mobile Maintenance, Inc., at 513 Fairmont Street NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF SEPTEMBER, 2017. � �� SCOTT . LUND - AYOR ATTEST: �� DEBRA A. SKO —CITY CLERK ANOILA COtJNT�' MINNESOTA �� ' ' � Docunient No.: 551824.002 TORRENS I her�by certiiy thlt the within instrutnzilt was filed in this of�ice for record on: lOr'02/2017 12:57:U0 PM Fe�s/Ta�es In the Amount of $46.00 JONELL M. SAW'YER Anoka County Property Tax �dminisn�atoriRecc�rder!Registrar of Titles TAP, Deputy Record ID: 4057565