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HomeMy WebLinkAbout2013.11.04 RESO 2013-34RESOLUTION 2013-34 APPROVING FINDINGS OF FACT FOR REVOCATION OF SPECIAL USE PERMIT FOR THE OPERATION OF AN AUTOMOBILE RECYCLING FACILITY LIMITED TO THE STORAGE, REDUCTION, DISMANTLING AND SALVAGE OF AUTOMOBILES AND RELATED SALE OF AUTOMOBILE COMPONENETS, SCRAP AND BULKS AT THE PROPERTY LOCATED AT 16813 FOREST BOULEVARD NORTH . WHEREAS, the property owner is in violation of their Special Use Permit on the property legally described as follows: (See attached Exhibit A) WHEREAS, the City Council has held a revocation hearing after providing proper notice of the hearing. WHEREAS, the owner has failed to comply with the special use condition that states "All vehicles shall be drained of fluids, including gas, oil, antifreeze, transmission fluids, refrigerants, and other flammable or hazardous materials prior to storage in the yard or scrapping." WHEREAS, the owner has failed to comply with the special use condition that states "No more than five hundred (500) waste tires shall be stored on the site at any time. All tires shall be located at one location of not more than ten thousand (10,000) square feet, and stacked not more than twenty feet (20') high. A posted firelane, not less than fifty feet (50') in width, shall be maintained around the tire pile at all times. WHEREAS, the owner has failed to comply with the special use condition that states "All waste storage and recycling facilities shall be maintained in a clean and sanitary condition, fenced or enclosed, and screened from view of adjacent properties and public streets. Waste matter, rubbish, refuse and recyclable material shall be stored in a building or in a container with lid or cover. No waste matter, rubbish or refuse shall accumulate loose on the property, and the property shall be kept free of vermin and rodents" WHEREAS, the owner has failed to comply with the special use condition that states "All fences shall be maintained in a state of good repair and appearance; fences shall not be allowed to become a safety hazard or nuisance." WHEREAS, the owner has failed to comply with the special use condition that states "All operations shall be conducted with reasonable precautions against fire and explosion hazards. Buildings and structures shall be constructed in accordance with all applicable codes regarding such hazards." Resolution 2013 - Page 2 WHEREAS, the owner has failed to comply with the special use condition that states "Toxic matter shall not be discharged across parcel boundaries, and shall not be deposited in ground water or storm water runoff, in such concentrations as to violate law or regulation, or in a manner detrimental to the public health, safety, comfort, or welfare, or which may cause injury or damage to property or persons." WHEREAS, the property owner has repeatedly violated the terms of the Special Use Permit since it was approved in April of 2000. WHEREAS, the property owner has been provided with proper notice of defaults in the Special Use Permit, and ample time to correct the defaults, and said defaults have not been corrected. WHEREAS, Section 42-145 of the City's zoning code states that a Special Use Permit may be revoked by the City if the licensee has been given reasonable notice and the opportunity to be heard, or upon any change in zoning or special use permit status of the premises whereby junkyard or auto dismantling facilities are prohibited. There shall be no refund of any license fee, inspection fee, or any portion thereof upon revocation. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does revoke the Special Use Permit ADOPTED by the City Council this 4`s day of November 4, 2013 ,A&j� Tom Weidt , Mayor ATTEST: l (} Michele Lindau, City Clerk Bent By: POSEN a 808EN PLLPI DATE OFAPPROVAL: ADDRESS FOR WHICH SPECIAL USE PERMPr 13 GRANTED: LEGAL DESCRIPTION: A. 16705 Forest Boulevard 631 223 8514; SPECIAL USE PERMIT Apr -27-00 •04PM; 16705 and 16813 Forest Boulevard Nortlt H+Babw 55038 Pepe 2!7 That pert of the NW*NA Quarter, Seetioa B, Township 31 North, Range 21 West, Wmhmgroa County, Minnesota, described as follows: Commencing at the northeast comer of said Section 8; thence 179 degrees 57 mimnes 10 seconds, azimuth ffam North based on Washington County coordinate System, along the cost line of Section 8, a distance of 1674.81 feet to the point of beginning; thence Continuing 179 degrees 57 minutes t0 seconds along said cast line; a distance of 298.67 feet; thence 268 degrees 31 minutes 15 seconds parallel with the north line of said section 1, a distance of 117653 fee; thence 359 degrees 4S minutes 48 seconds, 184.37 feet, thence 273 degrees 13 trounces 20 seconds to the easterly right-of-way ,no of /Forest Boulevard North (also known as trunk highway No. 61); thence northeasterly, along said easterly right-of-way line to the point of intenectiat with a Ilse having an azimuth of 277 degrees 37 minutes 51 seconds from the point of beginning; Thence. 91 dekptec 37 minutes 51 seconds along said line to the Point of beginning. B. 16813 Forest Boulevard. That pan of the Northeast Qum", Sectioa 8, Township 31 North, Range 21 West, Washington County, Minnesota, described as follows: Commencing at the northeast corner of said Section 8: thence 179 degrees 57 minutes 10 seconds, azimuth from North based on Washington County Coordinate System, along the east line of Section 8, a distance of 1674.81 feet to the point ofbeginninr 1h CAL 277 degrees 37 minutes Sl seconds to the easterly tight -0f --way line of forest Boulevard North (also known 99 Trunk Highway No. 61); thence northeasterly, along said easterly right-of-way line to the south line of the North 1059.44 Seer of said Nnrtheast Quarter; thence emteriy, "long said south line to said east line of Sectou 8; thence southerly, along said east be of Section 9 to the point of beginning. OWNER(S), Norm C. Horton Sr. ZONING DISTRICT: A;pioultural TMS SPECIAL USE PLRM7T ALLOWS FOR TSL FOLLOWMC. Operation of an automobile recycling facility limited to the storage, reduction, dismantling and salvage of automobilaa and related sale of automobile components, scrap and hullo.