PCA 08/16/23
Planning Commission Meeting
August 16, 2023
7:00 PM
7071 University Avenue NE Fridley, MN 55432
Agenda
Call to Order
Roll Call
Approval of Meeting Minutes
1.Approval of the June 21, 2023, Planning Commission Meeting Minutes
Public Hearing
2.Public Hearing for Registered Land Survey (RLS) PS #23-01 for 5660 Main Street
3.Public Hearing for Text Amendment 2023-02: Interim Use Permits
Other Business
Adjournment
Upon request, accommodation will be provided to allow individuals with disabilities to participate in
any City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter
or other persons who require auxiliary aids should contact the City at (763) 572-3450.
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AGENDA REPORT
Meeting Date:August 16, 2023 Meeting Type:Planning Commission
Submitted By:Julianne Beberg, Office Coordinator
Title
Approval of the June 21, 2023, Planning Commission Meeting Minutes
Background
Attached are the June 21, 2023,
Financial Impact
None
Recommendation
Staff recommend the approval of theJune 21, 2023,Planning Commission Meeting Minutes
Attachments and Other Resources
June 21, 2023, Planning Commission Meeting Minutes
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Planning Commission
June 21,2023
7:00 PM
Fridley City Hall, 7071 University Avenue NE
Minutes
Call to Order
Chair Hansencalled the Planning Commission Meeting to order at 7:00 p.m.
Present
Pete Borman
John Buyse II
Mark Hansen
Aaron Klemz
Terry McClellan
Absent
Mike Heuchert
Ross Meisner
Others Present
Stacy Stromberg, Planning Manager
Rachel Workin, Environmental Planner
Approval of Meeting Minutes
1.Approve April 19,2023, Planning Commission Minutes
Motionby Commissioner Bormanto approve the minutes. Seconded by Commissioner McClellan.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously.
Public Hearing
2.Public Hearing to Consider Special Use Permit, SP #23-01 to Allow a Daycare Use at 6425
Highway 65 N.E.
Motionby Commissioner Buyseto open the public hearing. Seconded by Commissioner Borman.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public
hearing was opened at 7:01p.m.
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Planning Commission 6/21/2023 Minutes Page 2
Stacy Stromberg, Planning Manager, presented a request from Dreamers Daycare for a special use permit
to allow a daycare use within the existing building at 6425 Highway 65 NE. The business currently
operates at 6304 Highway 65 NW and has been in that location for six years but is looking to expand. If
the permit is approved, the business would operate out of both locations. She reviewed details on the
site description and history of the property. She also reviewed details about special use permits and
related code requirements for this type of use. Staff recommends approval of the request subject to the
recommended stipulations.
The Commission asked and received confirmation that there would be adequate space for additional
parking. It was also confirmed that this would be the second location and the existing location would
continue to operate as well.
A resident requested that the vegetation between the properties remain to provide shade. A
representative of the applicant commented that they would like to clean that drainage area up as it was
not maintained but would attempt to keep some of the shade the resident spoke of.
Motion by Commissioner Buyse to close the public hearing. Seconded by Commissioner McClellan.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public
hearing was closed at 7:11 p.m.
The Commission asked how long the building has been vacant. Ms. Stromberg was unsure but noted
that staff has been receiving calls for the past few years. The Commission felt that this would be a good
reuse of the building.
Motion by Commissioner McClellan recommending approval of the special use permit SP #23-01, provided
certain code requirements are met and subject to stipulations. Seconded by Commissioner Buyse.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously.
3. Public Hearing for TA #23-01 Proposing Updates to City Code Chapters 205-28 Critical Area
District, 205-32 Shoreland Overlay District, and 205-30 Telecommunications Towers and
Facilities District to Conform with the New Mississippi River Corridor and Critical Area Rules
Motion by Commissioner Buyse to open the public hearing. Seconded by Commissioner Borman.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public
hearing was opened at 7:14 p.m.
Rachel Workin, Environmental Planner, presented background information on the Mississippi River
Corridor Critical Area (MRCCA) and updates made by the DNR in 2017. She reviewed the input the City
received to develop the draft ordinance updates and reviewed the proposed amendments including
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Planning Commission 6/21/2023 Minutes Page 3
definitions, development standards, vegetation management, and optional provisions. She also reviewed
the next steps. She explained that any property that would not be in conformance would become legally
nonconforming and any new development would need to meet the new standards.
The Commission asked what triggered these changes and whether the overlay boundary had changed.
Ms. Workin explained that the State enacted the new regulations therefore the local government entities
must update their related ordinances. She clarified that the boundary of the overlay had not changed.
The Commission acknowledged that these updates fall under three sections and is a lot of information.
It was also acknowledged that the City does not seem to have much power in these changes and would
be expected to fall into compliance.
A resident provided input on their plans to improve their property and whether that would be allowed
under the new regulations. Ms. Workin replied that work would already require a grading permit,
therefore that would not be a change. Residents expressed concern with the changes related to
vegetation and the importance of maintaining the vegetation. A resident also spoke about confusion of
the residents related to the letter received and whether the changes would impact their property. Ms.
Workin provided clarification on the provisions and requirements related to vegetation management.
Residents also expressed confusion and frustration with the different levels of regulation for riverfront
property owners, a lack of notification for some properties, and with how the notification was addressed.
Ms. Workin provided additional clarification on the notification process, the different vegetation
management that could occur without a permit, the vegetation management that would require a permit,
and the permit process.
The Commission asked when the updated rules are required to be adopted and whether there would be
ramifications if that were not done. Ms. Workin stated that the City received a one-year extension as the
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update was meant to be done by June 30 of 2022. She acknowledged that the City is not on track to
meet the June 30, 2023 timeline but stated that the DNR has seen the progress the City is making. She
noted that if significant deviation were made, additional permissions would be needed from the
state/DNR. She explained that while the original rules focused on primary structures, this has been
expanded to address accessory items such as decks, vegetation and other items that could impact the
stability of the shoreline and bluffs. She also provided additional details on primary conservation areas
and related regulations.
The Commission asked the number of residents that were notified of this meeting. Ms. Workin stated
that the intention was to notify all residents along the river with bluffs on their property or that would be
impacted by the change. Ms. Stromberg commented that over 200 notices were mailed to residents. She
stated that two phone calls and one email were received prior to the meeting.
Motion by Commissioner Borman to close the public hearing. Seconded by Commissioner Klemz.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public
hearing was closed at 8:29 p.m.
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Planning Commission 6/21/2023 Minutes Page 4
The Commission asked for details on the cost of the permit. Ms. Stromberg replied that the permit fee is
still being determined and would likely be nominal and related to the staff time in processing.
A member of the Commission expressed support for the changes and acknowledged that the majority of
the changes were dictated by state statute with some thoughtful additions by staff. Another member of
the Commission was torn in their position because of the small number of residents that attended tonight
and what appeared to be a rushed timeline. The Commission fully agreed that the river is a valuable asset
that should be protected. Ms. Workin provided additional details on the rules update process and the
input that the City was able to provide throughout that process. A member of the Commission expressed
some concern that this would be overreaching, placing regulations on properties that are not on the river.
Ms. Stromberg stated that in addition to the notice that went to the neighbors, staff developed an
extensive webpage for residents to view this information. Ms. Workin reviewed the steps that staff would
be following to communicate these changes to residents.
Motion by Commissioner Klemz to recommend approval of TA #23-01 Proposing Updates to the City Code
Chapters 205-City Code Chapters 205-28 Critical Area District, 205-32 Shoreland Overlay District, and 205-
30 Telecommunications Towers and Facilities District to conform with the new Mississippi River Corridor
and Critical Area rules. Seconded by Commissioner Borman.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried with a vote of 4 1 (Buyse
opposed).
Other Business
Ms. Stromberg welcomed Commissioner Klemz, who is the new Chair of the EQEC. She stated that the
July Planning Commission meeting has been canceled.
Adjournment
Motion by Commissioner Buyse to adjourn the meeting. Seconded by Commissioner McClellan.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the meeting
adjourned at 8:53 p.m.
Respectfully submitted,
Amanda Staple, Recording Secretary
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AGENDA REPORT
Meeting Date:August 16, 2023 Meeting Type:Planning Commission
Submitted By:Scott Hickok, Community Development Director
Stacy Stromberg, Planning Manager
Title
Public Hearing for Registered Land Survey (RLS) PS #23-01 for 5660 Main Street
Background
create two new lots, Tract A and B,from the property at 5660 Main Street (former Goodwill property).
The creation of the new lots will allow the City to take ownership of TractB, which is the land area needed
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for the right-of-way for the 57Avenue bridge extension from Main Street toEast River Road.
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During the 2030 Comprehensive Planning process, which started in 2007, the 57Avenue bridge
extension from Main Street to East River Road was identified as a goal within the economic and
redevelopment chapter. The creation of this east-west connection would provide emergency
personnel a much-needed alternative route for reaching accidents/emergencies while avoiding I-
694 during rush hour. In addition, it will connect thehundreds ofresidents that live at Georgetown
Apartments and the Charles and Anna Street Apartments to fresh food and other retail amenities.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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In 2012, Anoka County and the Cities of Fridley and Coon Rapids completed a Corridor Study for
East River Road from I-694 to I-610. One of the top priorities that was identified in that study was
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the 57 Avenue extension.
In 2018, when the developer of the property at 5601 East River Road submitted a rezoning and plat
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request to redevelopment the property, the City acquired the 57 Avenue right-of-way during the
platting process.
Additional information related to the efforts to secure the land needed for the right-of-way and
funding for the bridge is attached.
Financial Impact
None
Recommendation
Staff recommends the Planning Commission hold a public hearing for the Registered Land Survey (RLS),
PS #23-01.
Staff recommends that the Planning Commission make a recommendation of approval to the City
Council.
The Council is scheduled to review this item at their September 11, 2023, meeting.
Attachments and Other Resources
!Northtown Railyard Overpass History and Information
!Registered Land Survey
!Public Hearing Notice and Mailing Labels to Properties within 350 ft.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Northtown Rail Yard
Overpass
Fridley, Minnesota
In 2012 Anoka County prepared a Corridor Study for East River Road from US
Interstate 694 to Trunk Highway 610. As a top priority, the study recommended
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extending 57 Avenue by constructing a bridge over the BNSF railroad tracks. The new
bridge would provide long needed access between University Avenue and East River
Road (location shown on map below). Right of way has been acquired on the west side
of the tracks and is being negotiated on the east side of the railroad tracks.
Significance for Fridley Residents
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A new overpass at 57 Avenue brings several benefits both to the City of Fridley and to the
region. First, it will provide a safe and convenient crossing for pedestrians and bicyclists from an
area of concentrated poverty to grocery and other shopping outlets, along with a direct
connection to the regional trail network. Carless residents living on the west side of the railroad
tracks, must either walk 1.35 miles to safely cross the railroad tracks or take a 27 76 minute bus
ride, to access Cub Foods and other retailers. Many choose to dangerously (& illegally) cross the
railroad tracks in the area of the proposed bridge.
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600 Apartment Units lack convenient access to groceries.
Bureau.
Page | 2
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vs. Metro $94,300). The US Census tract containing the proposed bridge,
a median household income of $39,871 (42% of the metro Area Median Income).
Residents on the east side of the bridge would have convenient access to the many jobs located
on the west side of the BNSF tracks. There are more than five thousand jobs located in the
industrial parks just south of Interstate 694.
Residents on east side of RR tracks are denied convenient access to 5,000 + jobs.
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City of Fridley Housing & Demographic Facts
POPULATION DEMOGRAPHICS
!Total population 27,668
! US Census
!15% of residents are over 65 years old
!
o!Fridley - $59,770 vs. Metro -$94,300
!QCT 512.01 - $39,871
!Race
Race 2000 2010 2020
White 89% 72.2% 68%
Black / African 3.4% 11.1% 16.3%
American
Hispanic / Latino 2.6% 7.3% 11.9%
Asian 3% 4.9% 5.6%
Native American .8 1.2% 1.6%
Source: US Census Bureau
!BIPOC population increased from 11% to 32% between 2000 and 2020
!18.4% of residents are foreign born
HOUSING DEMOGRAPHICS
!Total number of housing units 11,943 total units (64% single family / 36% multi-
family)
!
!Majority of multi-
!36% of housing is rental & percentage is increasing
!Limited publicly assisted rental housing units
!Two mobile home parks, comprising 405 units, many need to be replaced
TRANSPORTATION & ACCESSABILITY
!20-30% of Fridley residents do not have access to a vehicle and rely on being able
to walk to goods and services or public transportation
!Only 12% of Fridley residents have access to fresh food within ½ mile walking
distance. Of those 12%, many need to traverse dangerous barriers such as railroad
tracks to get to the fresh food
Significance for the Region, Local Businesses
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Most importantly for the region, an overpass at 57 Ave would help reduce congestion
on I-694, including the entrance ramps at University and East River Road by giving
motorists another location to cross the tracks. In addition, the bridge would aid in the
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economic development of the area and allow for improved public safety response times
for police and fire departments that currently experience delays due to the limited track
crossings in Fridley. There are a total of seven rail crossings in Fridley, 1.2 crossings per
mile, compared to 2.1 crossings per mile in Minneapolis.
Project Cost & Local Contribution
The BNSF Northtown Yard is not only the largest rail yard in the state but is the largest
railyard between Chicago and Seattle and important for commerce across the region.
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An extension at 57 Ave would span across the yard and provide a much- needed
connection between Main Street NE (CSAH 102) and East River Road (CSAH 1). The
concept and a feasibility study have been completed with input from BNSF
personnel. This collaborative work produced the idea of an overpass as superior to a
tunnel or at-grade crossing because of the regional infrastructure elements currently in
place.
The total estimated cost for the Northtown Rail Yard Overpass is currently $30,000,000.
The Fridley Housing Redevelopment Authority (HRA) has already acquired right-of-way
on the west side of the tracks and started negotiations with owners of the parcels to be
acquired on the east side of the tracks. In addition, the HRA authorized spending
$800,000 on project costs in 2023 and is funding all current work on the project. Once
fully funded, construction could start shortly thereafter and could be completed within
two years.
The State of Minnesota Legislature, in the 2023 Bonding Bill, made $4M available to
the City of Fridley to finalize bridge and utility design work. That work has started and
will be completed in early 2024.
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Ave NE
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57 Ave NE
University
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PUBLICNOTICE
City of Fridley PlanningCommission
Notice of Public Hearing to Consider a Plat by the City of Fridley
Notice is hereby giventhat the PlanningCommissionof the City of Fridley willhold a public hearing
on August 16, 2023at 7:00pmat Fridley City Hall, 7071 University Avenue N.E.
The public hearing will consideraplat, PS #23-01,by the City of Fridley's Housing &
Redevelopment Authority (HRA), requesting a Registered Land Survey (RLS) to create new lots and
legal descriptions for the City to obtain the right-of-way needed for the proposed Northtown
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Railyard Overpass at 57Avenue,the legal description is on file and available at Fridley City Hall.
Any person desiring to be heard shall be given an opportunity at the above stated time and place.
Or, comments may be submitted before the meeting tostacy.stromberg@fridleymn.govor 763–572–
3595. Publication date(s): August 4, 2023.
The City Council will consider this item onSeptember 11, 2023.
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Fridley Civic Campus
7071University Ave N.E. Fridley, MN 55432
763-571-3450 |FAX: 763-571-1287 |FridleyMN.gov
PUBLIC HEARING NOTICE
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To: Property Owners and Residents within 350 feet of57AveNE
Applicant: City of Fridley HRA
Request:Plat, PS #23-01, requesting a Registered Land Survey (RLS) to create new
lots and legal descriptions for the City to obtain the right-of-way needed
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for proposed Northtown Railyard Overpass at 57Avenue, the legal
description is on file and available at Fridley City Hall.
Date of Hearings:Planning Commission Meeting, Wednesday, August 16, 2023 at 7:00 p.m.
The Planning Commission meeting is televised live the night of the
meeting on Channel 17.
Location of Planning Commission Hearing: Meeting will be held in person
at Fridley Civic Campus located at 7071 University Avenue NE.
How to Participate:1. You may attend the public hearing in person and testify.
2. You may submit a letter in advance of the meeting to Stacy Stromberg,
Planning Manager at the address above or by email at
stacy.stromberg@fridleymn.gov
Questions:Call or Email Stacy Stromberg, Planning Manager at 763-572-3595 or
stacy.stromberg@fridleymn.gov
Mailing date:August 4,2023 Publication date:August 4, 2023
*If you require auxiliary aids or services to participate to communicate in the meeting, please contact
Roberta Collins at 763-572-3500 or roberta.collins@fridleymn.govno later than August 9, 2023, for the
Planning Commission meeting andSeptember 1, 2023, for City Council meeting. The TDD # is: 763-572-
3534.
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AGENDA REPORT
Meeting Date:August 16, 2023 Meeting Type:Planning Commission
Submitted By:Scott Hickok, Community Development Director
Stacy Stromberg, Planning Manager
Nancy Abts, Associate Planner
Title
Public Hearing for Text Amendment 2023-02: Interim Use Permits
Background
The City of Fridley regulates land use in a variety of ways. Through the zoning code, some uses are
district and
require review and approval by the Planning Commission and City Council before they are allowed.
expire and are not affected by the sale of property. However, some uses may not be permanently
desirable for a property. In those instances, State Statute allows cities to issue Interim Use Permits,
ption of being time-bound in some
sense. Interim use permits are only valid until:
1.A particular date; or
2.The occurrence of a particular event; or
3.A change in zoning regulations that no longer allow the interim use.
Interim use permits allow the city regulatory flexibility and the opportunity to approve certain land uses
Staff have developed a short list of potential Interim Uses, including temporary facilities, seasonal uses,
and manufacturing or retail or wholesale uses of an identified Redevelopment Site that is unlikely to
redevelop within the interim use permit period. The draft ordinance also allows the City Council to
determine similar uses to be approved as Interim Uses.
Financial Impact
Interim Use Permits require the same public hearing procedures as Special Use Permits, and fees will
be set accordingly.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Recommendation
Staff recommend the Planning Commission hold a public hearing regarding the proposed ordinance.
Staff further recommends that the Commission recommend approval of Ordinance No. 1414 to the
City Council (Council).
The Council is scheduled to review this item at their September 11, 2023, meeting.
Attachments and Other Resources
!Draft Ordinance 1415
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Ordinance No. 1415
Amending the Fridley City Code Chapter 205, Zoning, to Allow Interim Uses
The City Council of the City of Fridley does ordain, after review, examination and staff
recommendation that the Fridley City Code be amended as follows:
Section 1
That the Administration and Enforcement Section of Chapter 205 Zoning
be hereby amended as follows:
6. Interim Use Permit
a.!Definition and Purpose.
a.!An interim use is a temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no longer permit
it.
b.!The purposes for allowing interim uses are:
i.!To allow a use for a temporary period of time until a permanent
location is obtained or while the permanent location is under
construction;
ii.!To allow a use that is presently judged acceptable by the City Council,
but that with anticipated development or redevelopment, will not be
acceptable in the future or will be replaced in the future by a
permitted or special conditional use allowed within the respective
district;
iii.!To allow a use that is seasonal in nature; or
iv.!To allow a use for a limited period of time that reasonably uses the
property where it is not reasonable to use it in the manner otherwise
provided in the zoning ordinance or comprehensive plan.
b.!Application.
An application for an interim use permit must comply with the provisions for a
conditional Special Use Permit in the section of this chapter titled Special Use Permit.
c.!Procedure.
An interim use application will be processed in accordance with the procedure for
conditional Special Use Permits established in this chapter.
d.!General Standards.
No interim use permit may be granted unless the city council determines that the use
will comply with the following:
a.!The use will not delay anticipated development or redevelopment of the site;
b.!The use will not adversely impact implementation of the Comprehensive
Plan;
c.!The use will not be in conflict with provisions of the city code on an ongoing
basis;
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d.!The use will not adversely affect the adjacent property, the surrounding
neighborhood, or other uses on the property where the use will be located;
e.!The date or event that will terminate the use can be identified with certainty;
f.!The use will not impose additional unreasonable costs on the public;
g.!The applicant has signed a consent agreement stating that the applicant,
owner, operator, tenant and/or user has no entitlement to future re-approval
of the interim use permit and that the interim use permit will not impose
additional costs on the public if it is necessary for the public to fully or
partially take the property in the future; and
h.!The applicant agrees in writing to any conditions that the City Council deems
appropriate for the use including the requirement for a financial security to
ensure removal of all evidence of the use upon termination.
e.!Uses Permitted with an Interim Use Permit may include but are not limited to:
a.!Interim use of an identified Redevelopment Site unlikely to redevelop within
the interim use permit period;
b.!Temporary structures in use until a permanent facility can be constructed;
c.!Off-site parking;
d.!Seasonal uses not otherwise provided for in this chapter;
e.!Any other uses determined by the City Council to be the same or similar type
uses.
f.!Effect of Permit.
a.!An interim use permit is effective only for the location specified in the
permit.
b.!An interim use permit, including any conditions, shall run with the land and
shall not be affected by a change in ownership of the property unless it is
stated in the interim use permit that a change in ownership of the property
will terminate the interim use permit.
c.!The issuance of an interim use permit does not confer on the property any
vested right.
d.!The granting of an interim use permit by the City does not constitute, imply,
or guarantee the granting of any other required approvals (e.g., a building
permit).
g.!Termination.
a.!An interim use permit expires and the interim use must terminate at the
earlier of:
i.!The expiration date of the interim use permit;
ii.!The occurrence of any event identified in the interim use permit for
the termination of the use;
iii.!Revocation of the interim use permit; or
iv.!An amendment to city code that no longer allows the interim use.
b.!An interim use permit expires if the interim use ceases operation for a
continuous period of at least one year.
h.!Revocation or Modification.
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The city council may review an interim use permit periodically and may revoke a permit
upon violation of any condition of the permit, any law of the United States or the state
of Minnesota, or any city ordinance. If it is discovered after approval of the interim use
fraudulent information, the city council may revoke the permit, modify the conditions,
or impose additional conditions to ensure compliance with this section. The procedure
for revocation will be the same as that for Special Use Permits specified in this section.
All costs incurred by the City during the revocation process may be assessed to the
property.
i.!Amendments. All requested amendments to the conditions of an existing interim
use permit shall be processed in the same manner as a new application.
j.!Renewals. The property owner may initiate renewal of an Interim Use Permit set to
expire. Application requirements for renewal of an existing interim use permit shall
be the same as for a new application.
a.!Terminated interim use permits cannot be renewed.
b.!Upon receiving a complete application for an interim use permit renewal, the
City shall send notice of the requested renewal to all property owners within
350 feet of the parcel(s) containing the interim use. If any objections are
raised within 10 days of the mailed notice, the application shall be processed
in the manner of a new application. If no objections are raised, the City shall
prepare a resolution to approve outlining the conditions and stipulations of
renewal for consideration by the City Council. The City Council at its
discretion may approve or deny the request with findings. Denial of a
renewal request does not constitute termination of the existing interim use
permit.
6 7. Variances
7 8. Appeals
8 9. Vacations
9 10. Building Permits
10 11. Certificate of Occupancy
11 12. Enforcement
Passed and adopted by the City Council of the City of Fridley on this xxxx day of xxxxx, 2023.
______________________________________
Scott J. Lund - Mayor
______________________________________
Melissa Moore - City Clerk
Public Hearing: xxxxx
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First Reading: xxxx
Second Reading: xxxxx
Publication: xxxxx
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