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RES 2008-28 - 14518RESOLUTION NO. 2008 -28 A RESOLUTION REVOKING SPECIAL USE PERMIT #06 -04 FOR BDA DEVELOPMENT TO ALLOW LIMITED OUTDOOR STORAGE IN AN M -1 ZONING DISTRICT, GENERALLY LOCATED AT 7600 HWY 65 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 #06 -04, to allow limited outdoor storage in an M -1, Light Industrial zoning district at BDA Development, generally located at 7600 Hwy 65 NE on September 25, 2006; and WHEREAS, an September 25, 2006 approval of SP #06 -04 included 21 stipulations, of which several stipulations were to have been completed or submitted to City staff for review by December 31, 2006; and WHEREAS, City staff conducted an inspection of the site on January 29, 2007, April 11, 2007, and July 17, 2007 to determine compliance with the stipulations of SP #06 -04; and WHEREAS, City staff found that compliance of several of the stipulations have not been met; and WHEREAS, the City Council held a public hearing on July 23, 2007 to consider revocation of SP #06 -04; and WHEREAS, the City Council held open the public hearing until January 7, 2008 to allow the petitioner to complete all 21 stipulations by December 31, 2007; and WHEREAS, an inspection of the site on December 27, 2007 determined that several of the stipulations still have not been met and no work toward fulfilling those stipulations has been completed on the property; and WHEREAS, the City Council continued the public hearing on January 7, 2008, and instructed the petitioner to have all outdoor storage items on the property under a roofed structure or removed from the site by February 15, 2008; and Resolution No. 2008 -28 Page 2 WHEREAS, an inspection of the site conducted on February 15, 2008, found that 97% of the outdoor storage items have been removed from the site or are properly stored under a roofed structure; and WHEREAS, inspections by City staff since February 15, 2008, determined that the remaining 3% of outdoor storage has been removed from the site; and WHEREAS, no screening has been built and screening is required to allow outdoor storage on the site; NOW, THEREFORE BE IT RESOLVED THAT, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #06 -04 to allow limited outdoor storage in an M -1, Light Industrial zoning district at BDA Development, generally located at 7600 Hwy 65 NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14th DAY OF JULY 2008. --fflp if Scot J. Lund, Mayor ATTEST: Debra A. Skogen QOy Clerk