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Resolution No. 2023-150, Approving Interim Use Permit, IUP #23-01 to Allow a 10-Foot-Tall Electric Fence at 3737 East River Road Resolution No. 2023-150 Approving Interim Use Permit, IUP #23-01 to Allow a 10-Foot-Tall Electric Fence at 3737 East River Road Whereas, the City of Fridley (City) has received a request from Amarok, LLC, on behalf of Copart of Connecticut, Inc., to allow a 10-foot-tall electric fence as an interim use; and Whereas, the request is for the property generally located at 3737 East River Road; Anoka County Property Identification Numbers 343024430016 and 343024420014 and legally described in the attached Exhibit A (Property); and Whereas, interim uses are defined and regulated by Fridley City Code (Code) § 205.05.6; and Whereas, Code § 205.05.6.E.1 allows by Interim Use Permit (IUP) the use of an identified Redevelopment Site unlikely to redevelop within the permit period; and Whereas, the Property is not identified as a Redevelopment Site in the City’s current Comprehensive Plan; and Whereas, Code § 205.05.6.E.5 also allows any uses determined by the Fridley City Council (Council) to be the same or similar type use to those allowed by an IUP; and Whereas, the Property currently has Special Use Permits for an auto salvage auction and outdoor storage of wrecked automobiles; and Whereas, currently wrecked vehicles are stored in an outside lot on the Property; and Whereas, the Property is unique from other industrial properties in the City due to its location between two Right-of-Ways, 19-acre size, and extended linear shape, making surveillance difficult and justifying the need for the electric fence; and Whereas, the Property is not adjacent to any residential areas; and Whereas, said electric fence use would be accessory to the current approved special uses and would terminate in the event that the Property is not being used for automotive salvage auction and outdoor storage of wrecked automobiles; and Whereas, the Council finds that the proposed interim use meets the General Standards established by Code, in that it will not delay anticipated development or redevelopment of the Property; will not adversely impact implementation of the Comprehensive Plan; will not be in conflict with provisions of the Code on an ongoing basis; will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the Property where the use will be located; will not impose additional unreasonable costs on the public; and the event that will terminate the interim use would be redevelopment of the Property; and Resolution No. 2023-150 Page 2 Whereas, on November 15, 2023, the Planning Commission held a public hearing to consider the Amarok, LLC’s Interim Use Permit, (IUP #23-01); and Whereas, at the November 15, 2023, meeting, the Planning Commission noted the unique characteristics of the Property’s geometry and location within the community and voted 6-1 in favor of approval of IUP #23-01 with the conditions set forth in the attached Exhibit B; and Whereas, the Council finds the electric fence is a reasonable interim use of the Property, meets the General Standards for an IUP, and is appropriate for the Property, given the Property’s use and its unique size and location; and Whereas, per Code § 205.05.6.H, the Council may review an IUP 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. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Interim Use Permit, IUP #23-01 and the conditions represented in Exhibit B are hereby adopted. th Passed and adopted by the City Council of the City of Fridley this 11 day of December 2023. _______________________________________ Scott J. Lund – Mayor Attest: Melissa Moore – City Clerk Resolution No. 2023-150 Page 3 Exhibit A Legal Description of the Property Parcel 1: Those parts of lots 18, 19, 20, 23, 36, 37, and 38, Auditor’s Subdivision Number 39, and that part of the Minneapolis Anoka and Cuyuna Range Railroad Right of Way, as shown on said Auditor’s Plat, lying within the following described tract: Beginning at a point in a line parallel with and distant 184.53 feet South of the North line of said Lot 18 as measured along the East line of said Lot 18, which point is 65.00 feet West, as measured along said parallel line, from the East line of Lot 18, thence West, along said parallel line, to the Easterly right-of-way line of Anoka County State Aid Highway No. 1 as said highway is laid out and opened; thence Northerly along said right-of-way line 980 feet, more or less, to a point in a line parallel with an distant 134.5 feet North, as measured at a right angle, from the South line of said Lot 36; thence East along said parallel line a distance of 145 feet; thence Southeasterly, along a line which would intersect a line parallel with and distant 184.53 feet South of the North line of said Lot 18 as measured along the East line of said Lot 18 at a point distant 340 feet East from said Easterly right-of-way line, to the intersection with the North line of said Lot 18; thence East along said North line to a point distant 65.40 feet West of the Northeast corner of said Lot 18; thence Southeasterly to the point of beginning. The Northeast and Southeast corners of said Lot 37 are marked by Judicial Landmarks set pursuant to Torrens Case No. 100. Being registered land as is evidenced by Certificate of Title No. 75178. Parcel 2: Parcel A: Lot Eighteen (18), Auditor’s Subdivision Number 39, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, except that part lying Easterly of a line parallel with and distant 58 feet Westerly, measured at right angles, from the Easterly line of said Lot Eighteen (18), and except that part lying North of a line drawn across said lot parallel to the North line thereof from a point on the East line of said Lot Eighteen (18), distant 184.53 feet South of the Northeast corner thereof, as measured along said East line, the Westerly line of said Lot 18 being a line described as follows: Beginning at a point in the South line of the Southeast Quarter of Section 34, Township 30, Range 24, distant 674.47 feet East of the Southwest corner of said Southeast Quarter; thence Northeasterly making a Northeast angle of 88 degrees 42 minutes with the South line of Southeast Quarter a distance of 40.01 feet, said point being the Southwest corner of said Lot 18, thence continuing Northeasterly on an extension of last described course 31.43 feet thence Northeasterly on a tangential curve to the right with a radius of 3158.1 feet, a distance of 99.22 feet; thence Northeasterly on a tangential curve to the right with a radius of 400.4 feet, a distance of 70.76 feet; thence Northeasterly on a line tangent to last described curve, a distance of 35.35 feet; thence Resolution No. 2023-150 Page 4 Northeasterly on a tangential curve to the right with a radius of 625.69 feet, a distance of 143.6 feet; thence Northeasterly on a line tangent to last described curve, a distance of 100 feet; thence Northeasterly on a tangential curve to the left with a radius of 782.43 feet, a distance of 172.8 feet, more or less, to the Northwest corner of said Lot 18 said point being 70.67 feet East of, measured along the North line of Lot 18, from a Judicial Landmark at the Southeast corner of Lot 37 in said Auditor’s Subdivision No. 39, Anoka County, Minnesota. Parcel B: That part of the South one-half of the Southwest Quarter of the Southeast Quarter, Section 34, Township 30, Range 24, Anoka County, Minnesota, lying East of a line parallel with and distant 100 feet East of the centerline of Anoka County State Aid Highway No.1, as said centerline is described in the Certificate dated April 10, 1942 and Recorded April 11, 1942 in Book 180 at Page 600 as Document No. 104303 in the Office of the Anoka County Register of Deeds, and lying West of the West line of Lot 18, Auditor’s Subdivision, No. 39, Anoka County, Minnesota, said West line being described as follows: Beginning at a point in the South line of the Southeast Quarter of Section 34, Township 30, Range 24, distant 674.47 feet East of the Southwest corner of said Southeast Quarter; thence Northeasterly making a Northeast angle of 88 degrees 42 minutes with the South line of Southeast Quarter a distance of 40.01 feet, said point being the Southwest corner of said Lot 18; thence continuing Northeasterly on a extension of last described course 31.43 feet; thence Northeasterly on a tangential curve to the right with a radius of 3158.1 feet, a distance of 99.22 feet; thence Northeasterly on a tangential curve to the right with a radius of 400.4 feet, a distance of 70. 76 feet; thence Northeasterly on a line tangent to last described curve, a distance of 35.35 feet; thence Northeasterly on a tangential curve to the right with a radius of 625.69 feet, a distance of 143.6 feet; thence Northeasterly on a line tangent to last described curve, a distance of 100.0 feet; thence Northeasterly on a tangential curve to the left with a radius of 782.43 feet, a distance of 172.8 feet, more or less to the Northwest corner of said Lot 18, said point being 70.67 feet East of, measured along the North line of Lot 18, from a Judicial Landmark at the Southeast corner of Lot 37 in said Auditor’s Subdivision Number 39, Anoka County, Minnesota, and there terminating. Except that part lying North of a line parallel with the North line and its extension West of said Lot 18, the North line of Lot 18 also being the North line of said South one-half, said parallel line being 184.5 feet South of the Northeast corner of Lot 18, as measured along the East line of Lot 18. And except the South 40 feet of said South one-half of the Southwest Quarter of the Southeast Quarter. The above described land being a part of Lot 38, and apart of an unnumbered Lot, i.e., Minneapolis, Anoka and Cuyuna Range Railway, Auditor’s Subdivision No. 39, Anoka County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 75179. Parcel 3: Lot 1 Block 1 Dowds Addition, subject to easement of record. Resolution No. 2023-150 Page 5 Exhibit B Conditions of the Interim Use Permit The Interim Use Permit shall be subject to the following conditions: 1. The area three feet from the fence in any direction must be kept free of vegetation which may contact the electric fence. Failure to maintain vegetation will be a violation of the Interim Use Permit. 2. Per Special Use Permit SP #77-16, required landscaping shall be coordinated with Anoka County. If any number of the required 20 trees cannot be accommodated on site or adjacent to the site in CSAH 1 right-of-way, an equivalent payment in lieu of landscaping shall be made to the City. Landscaping requirements shall be met within 365 days of approval of the Interim Use Permit. Failure to provide or maintain the required landscaping (or fee in lieu of) will be a violation of the Interim Use Permit. 3. A solid physical barrier (i.e., the existing corrugated metal fence or an equivalent replacement) shall be properly maintained to a minimum of six feet above grade, in order to prevent contact with the electric fence from adjacent properties. Removal of the barrier or failure to maintain the barrier aesthetically or functionally will be a violation of the Interim Use Permit. 4. The electric fence shall at all times be marked with clearly legible electric fence warning signage. Signage shall be placed at least every 30 linear feet. Failure to display or maintain warning signage will be a violation of the Interim Use Permit. 5. The park dedication fee of $1,445.58 (per Plat, P.S. #92-07) shall be paid in full before the Interim Use Permit approval. 6. An application to combine the two lots into a single tax parcel shall be filed within 30 days of the Interim Use Permit approval. 7. The electric fence shall be removed from the property within 30 days of discontinuance of the property’s Automotive Auction and Outdoor Storage use. If the electric fence is not removed, it will be considered a public nuisance and subject to the City’s abatement procedures.