RES 2011-50 - 14862RESOLUTION NO. 2011 -50
A RESOLUTION REVOKING SP #95 -05 AND SP #04 -05 PERMITTING A GARDEN
CENTER AT HOME DEPOT, GENERALLY LOCATED AT 5650 MAIN STREET NE
WHEREAS, on July 24, 1995, the Fridley City Council granted special use permit SP #95 -05 to
Home Depot USA, Incorporated, generally located at 5650 Main Street, to allow a garden center
or nursery in a C -3 zoning district with six stipulations; and
WHEREAS, the sixth stipulation of SP #95 -05 stated that there shall be no outdoor plant sales
(outside of the confines of the garden center walls); and
WHEREAS, on December 6, 2004, the Fridley City Council granted special use permit SP #04-
05 to Home Depot, generally located at 5650 Main Street, to amend the existing special use
permit to allow the expansion of the garden center; and
WHEREAS, the seventh stipulation of SP #04 -05 stated that there shall be no sales, storage or
display of plant material or any other merchandise outside of the confines of the garden center
walls, and
WHEREAS, Home Depot has violated the outside display or storage violations of special use
permits SP #95 -05 and SP #04 -05 several times since issuance of the permits despite repeated
notification by the City of the permit stipulations;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley does
hereby revoke special use permits SP #95 -05 and SP #04 -05 as provided for in Section 205.05.5.G
of the Fridley Zoning Code, effective August 31, 2012, providing that such revocation will not
take effect if there are no further sales, storage, or display of plant material or any other
merchandise outside of the confines of the garden center walls documented by the Community
Development staff through August 6, 2012, citing the following findings of fact as just cause to
revoke SP #95 -05 and SP #04 -05:
1. On July 24, 1995, the Fridley City Council granted a special use permit, SP #95 -05 to Home
Depot USA, Inc., generally located at 5650 Main Street, to allow a garden center and
nursery which requires the outdoor display of storage of merchandise with six stipulations.
Stipulation number six stated: There shall be no outdoor plant sales (outside of the confines
of the garden center walls).
2. In the spring of 1996, City Planning staff initiated a code enforcement case for outside
storage, which resulted in a citation. The Home Depot store manager pled guilty in Anoka
County Court to charges of outside storage at 5650 Main Street.
3. On August 26, 1996, the Fridley City Council held a public hearing to consider revocation
of SP #95 -05 for a garden center, generally located at 5650 Main Street, due to continued
outside storage violations. The City Council decided to review compliance with the special
use permit in six months.
Resolution No. 2011 -50
Page 2
4. In 1997, Home Depot USA, Inc., applied for a temporary outdoor garden center SUP
(SP #97 -02) to be placed in the parking lot of the stare during the peak garden sales season of
April through July. On August 11, 1997, the City Council denied SUP request SP #97 -02.
5. In June 2000, City Planning staff initiated a code enforcement case regarding retail stack
storage outside the south side of the garden center walls, which was a violation of stipulation
No. 6.
6. In February 2002, City Planning staff initiated a code enforcement case regarding
unscreened storage in the garden center area due to retail stack being stared above the height
of the fence. The violation was resolved in April 2002.
7. In May 2003, City Planning staff initiated a code enforcement case regarding lawn tractors,
fertilizer, and other retail stack being stared in front of the Home Depot stare. The case was
closed on May 30, 2003.
8. In 2004, Home Depot USA, Inc. applied for a special use permit, SP #04 -05 to amend the
existing SUP, SP #95 -05 to allow expansion of the garden center, generally located at 5650
Main Street. The Fridley City Council granted SP #04 -05 on December 6, 2004 with seven
stipulations. Stipulation number seven states: There shall be no sales, storage or display of
plant material or any other merchandise outside of the confines of the garden center walls.
9. Subsequent to approval of SP #04 -05, Home Depot USA, Inc. completed a 20 foot expansion
on the south side of the garden center.
10. On April 20, 2007, City Planning staff initiated a code enforcement case regarding nursery
stack displayed for sale outside the garden center walls in the front area of the Home Depot
stare. The case was closed on May 16, 2007.
11. On July 2, 2008, City Planning staff initiated a code enforcement case regarding nursery
stack displayed for sale outside the garden center walls in the front of the Home Depot stare.
The case was closed on August 15, 2008.
12. On April 7, 2010, City Planning staff initiated a code enforcement case regarding staring
and displaying garden center products outside the garden center walls. Fallowing a
subsequent meeting with the stare and regional manager, the case was closed on April 14,
2010. As a result of the meeting with stare management, City staff allowed improvements to
the front area of the garden center into the pedestrian walkway for permanent planting areas
to install planted nursery stack for display.
13. On July 6, 2011, City Planning staff initiated a code enforcement case regarding displaying
large volumes of garden center material and landscaping materials for sale outside the
garden center walls. Upon re- inspection fallowing the July 21, 2011 deadline, materials
were still being displayed out in front of the building. After reviewing history and matching
it against these current violations, staff believes the only alternative was to initiate a
revocation of SP #95 -05 and SP #04 -05.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
10TH DAY OF OCTOBER, 2011.
Scoff J. LUND — MAYOR
ATTEST:
&-4vime
DEBRA A. SKOG CITY CLERK