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RES 2008-57 - 14529RESOLUTION NO. 2008 -57 A RESOLUTION REVOKING SPECIAL USE PERMIT #89 -08 FOR 7570 INC. TO OPERATE A AUTO REPAIR BUSINESS IN AN M -1 ZONING DISTRICT, GENERALLY LOCATED AT 7570 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 #89 -08, allowing auto repair in an M -1 zoning district at Sam's Auto World, generally located at 7570 Highway 65 NE on November 18, 1991; and WHEREAS, the November 18, 1991 approval of SP #89 -08 included several stipulations, which were required 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 several inspections of the site from April 2008 to November 2008 to determine compliance with the stipulations of SP #89 -08; and WHEREAS, City staff found that several stipulations have not been met; and WHEREAS, The City of Fridley has previously considered revocation of SP #89 -08 in 2006 when the owner was selling vehicles on site, which is not a permitted use in the M -1 zoning district and is a violation of the stipulations of SP #89 -08; and WHEREAS, the site owner was informed that he must cease car sales from the site immediately and relinquish his State Dealer's License by November 15, 2006; and WHEREAS, staff has received evidence from the State Department of Public Safety that vehicle sales are still occurring on the site and; and WHEREAS, in recent on site inspections, staff has discovered many additional code violations, including a use that is excluded in the M -1 zoning district and evidence that the original auto repair business has been discontinued and two new auto repair businesses are operating on the site; and WHEREAS, a stipulation of SP #89 -08 is that the special use permit shall not be transferable to a different ownership or control without approval of City Council; and Resolution No. 2008 -57 Page 2 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 stipulations of the special use permit to the site owner in 2006, throughout the public hearing process to consider revocation of SP #89 -08; and 4. The business owner was notified by mail of the November 10, 2008 public hearing; and 5. That a public hearing was held on November 10, 2008, allowing the City Council to take testimony on this property; and 6. That as of November 17, 2008, the property continues to be in violation of the special use permit action taken by the City Council on September 11, 2006. BE IT FURTHER RESOLVED THAT the evidence before it, expressly finds that the incorporates it as part of its Findings of Fact. City Council, having heard and reviewed the foregoing recitation is true and correct and BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #89 -08 to operate a auto repair business in an M -1 district at 7570 Highway 65 NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17TH DAY OF NOVEMBER 2008. !- Scott J. Lund, Mayor ATTEST: bL-414nee Debra A. Skogen, Ci Clerk