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Res 2014-35 RESOLUTION NO. 2014 - 35 A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 14-02 FOR SCHMIDT OSBORNE LLC, THE PROPERTY OWNER FOR THE PROPERTY LOCATED AT 100 OSBORNE ROAD NE WHEREAS, Section 205.18.01.C.12 of the Fridley City Code allows limited outside storage in an M-2 zoning district by a Special Use Permit if certain conditions can be met; and WHEREAS, on April 16, 2014, the Fridley Planning Commission held a public hearing to consider a request by Schmidt Osborne LLC for the property generally located at 100 Osborne Road NE in Fridley, legal description attached as Exhibit A, for a Special Use Permit, SP#14-02 for limited outside storage; and WHEREAS, at the April 16, 2014 meeting, the Planning Commission unanimously recommended approval of Special Use Permit, SP #14-02; and WHEREAS, on April 28, 2014, the Fridley City Council approved the stipulations represented in Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit SP# 14-02; and WHEREAS, the petitioner, Schmidt Osborne LLC was presented with Exhibit B, the stipulations for SP# 14- 02 at the April 28, 2014 City Council meeting; and WHEREAS, on April 28, 2014, the Fridley City Council approved the outdoor storage locations as represented in Exhibit C to this resolution, as the only location where outdoor storage can exist on the subject property; and WHEREAS, the petitioner, Schmidt Osborne LLC, was presented with Exhibit C, the site plan depicting the outdoor storage locations for SP# 14-02, at the April 28, 2014 City Council meeting; and WHEREAS, City Code Section 205.05.5.G requires the City Council to revoke SP #14-02 after conducting a public hearing, if upon conclusion of that public hearing, the City Council determines that the property owner has failed to comply with the stipulations set forth in the attached Exhibit B and all costs incurred by the City during the revocation process may be assessed to the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special Use Permit SP# 14-02 and stipulations represented in Exhibit B and the outdoor storage location depicted on Exhibit C are hereby adopted and approved to repeal and replace SP #90-09, by the City Council of the City of Fridley. TH PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28 DAY OF APRIL, 2014. ________________________________________ SCOTT J. LUND, MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN, CITY CLERK Resolution No. 2014-35 Page 2 EXHIBIT A SP# 14-02 Special Use Permit for Limited Outdoor Storage Schmidt Osborne LLC 100 Osborne Road NE, Fridley, MN 55432 Legal Description: That part of Lot 2, Block 4, Commerce Park lying in Section 10, Township 30, Range 24, and that part of Lot 1, Block 4, Commerce Parking lying within Section 10 Township 30, Range 24, and that part of Lot 2, Block 4, Commerce Park lying in Section 11, Township 30, Range 24, except east 435 ft. thereof, as measured along and perpendicular to South line of said lot, all subject to easement of record. Resolution No. 2014-35 Page 3 EXHIBIT B SP# 14-02 Special Use Permit for Limited Outdoor Storage Schmidt Osborne LLC 100 Osborne Road NE, Fridley, MN 55432 Stipulations 1.Outdoor storage area shall be limited to the two areas as shown on Exhibit C of the resolution approving this special use permit request. 2.The types of materials stored within the two outdoor storage areas shall be reviewed and approved by the Fire Marshal to ensure compliance. 3.Screening of the outdoor storage area on the southern edge of the property shall be done through the use of planting ten coniferous trees. Type and spacing shall be reviewed and approved by the City prior to installation. 4.Vehicle washing shall not take place within the parking lot and needs to be done within the building.