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Res 2015-40 RESOLUTION NO. 2015 - 40 A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 15-07 TO REPEAL AND REPLACE SP #14-09 FOR KITTY’S CORNER, ON BEHALF OF J LLC, THE PROPERTY OWNER OF THE PROPERTY LOCATED AT 7298 HWY 65 NE WHEREAS, Section 214.07.01 of the Fridley City Code allows electronic changeable signs in commercial zoning districts by a special use permit if certain conditions can be met; and WHEREAS, on August 19, 2015, the Fridley Planning Commission held a public hearing to consider a request by Kitty’s Corner, for the property at 7298 Hwy 65 NE in Fridley, legal description attached as Exhibit A, for a Special Use Permit SP# 15-07 for an electronic changeable sign; and WHEREAS, on August 19, 2015, the Planning Commission unanimously recommended approval of Special Use Permit, SP #15-07; and WHEREAS, on September 14, 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# 15-07; and WHEREAS, the petitioner, was presented with Exhibit B, the stipulations for SP# 15-07, at the September 14, 2015 City Council meeting and has agreed to abide by said stipulations in order to maintain SP# 15-07; WHEREAS, Section 205.05.5.G of the Fridley City Code states that this special use permit will become null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special Use Permit SP# 15-07 and stipulations represented in Exhibit B are hereby adopted to repeal and replace SP #14- 09, by the City Council of the City of Fridley. TH PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14 DAY OF SEPTEMBER, 2015. _______________________________________ SCOTT LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2015-40 Page 2 EXHIBIT A Legal Description for 7298 Hwy 65 NE Fridley MN 55432: That part of Lot 1, Block 1, Fridley Industrial Park Plat 1, which lies Easterly and Northeasterly of the following described line to wit. Commencing at the Northwest corner of said Lot 1; thence East along the North line of said Lot 1 on an assumed bearing of South 89 degrees 38 minutes East for a distance of 5 feet to the point of beginning of the line to be described; thence south 0 degrees 24 minutes 20 seconds East a distance of 15 feet; thence southeasterly on a tangential curve to the left with a radius of 205.58 feet, a distance of 211.07 feet; thence South 59 degrees 14 minutes 11 seconds East, tangent to last curve, a distance of 8.11 feet; thence on a tangential curve to the right with a radius of 260.82 feet a distance of 128.86 feet, more or less, to its intersection with the East line of said Outlot 1, Block 1, Fridley Industrial Park Plat 1 and there terminating, Anoka County, Minnesota. Except that part of said Lot 1, lying Northwesterly of the following described line to-wit: Commencing at the Northwest corner of said Lot 1; thence East along the North line of said Lot 1 on an assumed bearing of South 89 degrees 36 minutes East for a distance of 50 feet; thence Southwesterly on a curve concave to the Southeast and tangent to said North line, with a radius of 50 feet to its intersection with the above described line and there terminating, according to the recorded plat thereof. That part of Outlot 1, Block 1, Fridley Industrial Park Plat 1 which lies Easterly and Northeasterly of the following described line to-wit. Commencing at the Northwest corner of said Lot 1; thence East along the North line of said Lot 1 on an assumed bearing of South 89 degrees 36 minutes East for a distance of 5 feet to the point of beginning of the line to be described; thence South 0 degrees 24 minutes 20 seconds East a distance of 15 feet; thence Southeasterly on a tangential curve to the left with a radius of 205.56 feet, a distance of 211.07 feet; thence Southeasterly on a tangential curve to the left with a radius of 205.56 feet, a distance of 211.07 feet; thence South 59 degrees 14 minutes 11 seconds East, tangent to last curve, a distance of 8.11 feet; thence on a tangential curve to the right with a radius of 260.82 feet a distance of 128.86 feet, more or less, to its intersection with East line of said Outlot 1 and there terminating, according to the recorded plat thereof, Anoka County, Minnesota. Resolution No. 2015-40 Page 3 EXHIBIT B SP# 15-07 Special Use Permit for an Electronic Changeable Sign Kitty’s Corner, 7298 Hwy 65 NE, Fridley, MN 55432 Stipulations: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. All new signage on canopies and the building shall be completed by November 1, 2015.