RES 2012-47 - 14950RESOLUTION NO. 2012-47
A RESOLUTION MAINTAINING 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, 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, on October 10, 2011, the Fridley City Council found that Home Depot had
repeatedly violated an outdoor display stipulation on each special use permit, and concluded that
Fridley City Cade requires revocation of an SUP if stipulations are violated; and
WHEREAS, the City Council of the City of Fridley revoked special use permits SP #95 -05 and
SP #04 -05 as provided for in Section 205.05.5.G of the Fridley Zoning Cade, effective August
31, 2012, providing that such revocation would not take effect if there were 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;
and
WHEREAS, the Community Development staff has inspected the Home Depot site several
times between October 10, 2011 and August 6, 2012 and has found no outdoor storage violations
at the stare;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley
approves that special use permits SP #95 -05 and SP #04 -05, allowing a garden center at 5650
Main Street, will be maintained and that Resolution No. 2011 -50 will not take effect.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
20TH DAY OF AUGUST, 2012.
Av-110-
SCOTT J. LUND - MAYOR
ATTEST:
It _ 'IPPW • �� CLERK