Res 2015-16
RESOLUTION NO. 2015 - 16
A RESOLUTION APPROVING SPECIAL USE PERMIT, SP# 14-07
FOR TCO DESIGN, THE PETITIONER ON BEHALF OF A.P. VENTURES WITH
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AUTHORIZATION FROM BRP II, LLC, THE PROPERTY OWNER OF 5300 4
STREET NE AND SECURITY BANK AND TRUST, THE PROPERTY OWNER OF 5310
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4 STREET NE
WHEREAS, Section 205.09.01.C.7of Fridley City Code allows hospitals, medical clinics, nursing
homes, and convalescent homes in an R-3, Multi- Family zoning district by a special use permit if
certain conditions can be met; and
WHEREAS, on November 19, 2014, the Fridley Planning Commission held a public hearing to
consider a request by TCO Design on behalf of A.P. Ventures, for the property generally located at
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5310 4 Street NE in Fridley, legally described in Exhibit A, for a Special Use Permit SP# 14-07 to
allow the construction of a building to be used as a home health care facility; and
WHEREAS, at the November 19, 2014 meeting, the Planning Commission received public
comment and unanimously recommended denial of Special Use Permit, SP #14-07 due to parking
and operational concerns; and
WHEREAS, on December 4, 2014, the petitioner, TCO Design waived State Statute 15.99 to allow
additional time to consider alternatives to the site design; and
WHERAS, on December 8, 2014, the City Council approved the request by the petitioner to waive
State Statute 15.99 and to have the public hearing for SP #14-07 postponed; and
WHEREAS, on January 16, 2015, the petitioner, TCO Design re-submitted SP #14-07 on behalf of
A.P. Ventures, to allow the construction of a building to be used for home health care facility that
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utilizes the properties at 5300 4 Street NE and 5310 4 Street NE, legally described in Exhibit A;
and
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WHEREAS, on February 18, 2015, the Planning Commission held the 2 public hearing for SP
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#14-07 for the properties generally located at 5300 4 Street and 5310 4 Street, to allow the
construction of a building to be used as a home health care facility; and
WHEREAS, at the February 18, 2015 meeting, the Planning Commission unanimously
recommended approval of Special Use Permit, SP #14-07; and
WHEREAS, on March 9, 2015, 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# 14-07; and
WHEREAS, the petitioner, TCO Design, was presented with Exhibit B, the stipulations for SP# 14-
07, at the March 9, 2015 City Council meeting;
Resolution No. 2015-16 Page 2
WHEREAS, City Code Section 205.05.5.G requires the City Council to revoke SP #14-07 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 the
Special Use Permit SP# 14-07 and stipulations represented in Exhibit B are hereby adopted by City
Council of the City of Fridley.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9
DAY OF MARCH, 2015.
_______________________________________
SCOTT J. LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
Resolution No. 2015-16 Page 3
EXHIBIT A
SP# 14-07 Special Use Permit
TCO Design
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5300 4 Street and 5310 4 Street NE, Fridley, MN
Legal Descriptions:
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5300 4 Street
Lots 14 and 15, Block 13, Hamilton’s Addition to Mechanicsville
Subject to the reservation to the State of Minnesota in trust for the taxing districts
concerned of all minerals and mineral rights in all of said property.
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5310 4 Street
Lots 12 and 13, Block 13, Hamilton’s Addition to Mechanicsville
Subject to the reservation to the State of Minnesota in trust for the taxing districts
concerned of all minerals and mineral rights in all of said property.
Resolution No. 2015-16 Page 4
EXHIBIT B
SP# 14-07 Special Use Permit
TCO Design
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5300 4 Street and 5310 4 Street NE, Fridley, MN
Stipulations:
1.The petitioner shall obtain all necessary permits prior to construction.
2.The petitioner shall meet all building, fire, and ADA requirements.
3.City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
4.Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
5.If on-street parking becomes an issue as a result of this use, the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner’s expense.
6.If the comprehensive home health care use changes, the special use permit shall be
further reviewed by the City Council.
7.The petitioner shall file the necessary documents with Anoka County to combine both of
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the lots involved in this project, 5300 and 5310 4 Street, prior to issuance of a building
permit.
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8.The house at 5300 4 Street shall be removed within one year of issuance of a building
permit for the new building.