RES 2006-68 - 00014198RESOLUTION NO. 2006 -68
A RESOLUTION REVOKING SPECIAL USE PERMIT, SP #03 -14 AND APPROVING A
NEW SPECIAL USE PERMIT, SP #06 -11, FOR CENTRAL AUTO PARTS TO
OPERATE A JUNKYARD IN AN M -1 ZONING DISTRICT, GENERALLY LOCATED
AT 120173 1/2 AVENUE NE
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, City Zoning Code Section 205.05.5.G 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 stipulation of the issued permit; and
WHEREAS, the Fridley City Council held a public hearing regarding the special use permit SP
#03 -14, allowing a junkyard in an M -1 zoning district at Central Auto Parts, generally located at
1201 73 '/z Avenue NE on July 10, 2006; and
WHEREAS, approval of SP #03 -14 included several stipulations which needed to be met in
order to continue to operate the Central Auto Parts business located at 1201 73 '/z Avenue; and
WHEREAS, City staff conducted an inspection of the site on April 11, 2006 to determine
compliance with the stipulations of SP #03 -14; and
WHEREAS, City staff found and reported to the City Council at the July 10, 2006 public hearing
that several stipulations were not being met on the property;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after
listening to all the facts presented at the public hearing, makes the following FINDINGS OF
FACT:
1. That the City of Fridley and its staff have acted within the Fridley Zoning Code; and
2. That the City of Fridley staff accurately represented the condition of the property when
they inspected it, finding several items of noncompliance of the stipulations of the special
use permit; and
3. That the City of Fridley staff communicated the points of noncompliance verbally to the
business owner during the inspection and in writing prior to the public hearing; and
4. The business owner and property owner were notified by mail of the July 10, 2006 public
hearing; and
5. That a public hearing was held on July 10, 2006, allowing the City Council to take
testimony on this property; and
6. That as of August 14, 2006, the property continued to be in violation of the special use
permit action taken letter dated August 28, 2003
Resolution No. 2006 -68 Page 2
7. That the property owner failed to meet the City Council's request for an acceptable
revised timeline to complete the stipulations of SP #03 -14 on October 9, 2006
8. That the City Council finds that the stipulations of SP #03 -14 are inadequate to address
the current code violations related to the use of the site
BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the
evidence before it, expressly finds that the foregoing recitation is true and correct and
incorporates it as part of its Findings of Fact.
BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City of
Fridley hereby revokes the special use permit SP #03 -14 to operate a junkyard in an M -1 district
at Central Auto Parts, generally located at 1201 73 '/z Avenue NE.
BE IT FURTHER RESOLVED THAT the City Council adopt a new special use permit SP
#06 -11 to operate a junkyard in an M -1 zoning district at the property generally located at 1201 —
73 '/z Avenue NE, Fridley, with the following stipulations:
1. Submit a complete a site plan, including parking /storage areas and screening, for staff review
and approval prior to issuance of land alteration permit
2. Submit a complete landscaping plan, including irrigation plan, for staff review and approval
prior to issuance of land alteration permit
3. Install first phase of grading and drainage plan (south half) by June 1, 2007
4. Install screening fence on south side of property by July 1, 2007
5. Install second phase of grading and drainage plan (north half) and any other required
screening fence by October 1, 2007
6. Install landscaping and irrigation by June 1, 2008
7. Comply with all City Codes associated with the business, including but not limited to outside
storage, parking, screening, and drainage
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
9TH DAY OF OCTOBER, 2006.
4v ��k
Scott J. Lund, Mayor
ATTEST:
"axalo�?
Debra A. Skogen Oty Clerk