11-10584r RESOLUTION NO. 10584
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW EXPANSION OF A NONCONFORMING BUILDING AT
7701 AND 7717 NICOLLET AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests a
conditional use permit to allow the construction of an expanded Menards store at 7701 &
7717 Nicollet Avenue, properties legally described as:
7717 Nicollet Ave: That part of the West 315 feet of the Southeast 1/4 of
Section 34, Township 28, Range 24, lying South of East 77th Street and
North of Highway F.A.I. No. 494, being a part of Government Lot 8,
according to the United States Government Survey thereof, Hennepin
County, Minnesota.
and
7701 Nicollet Ave: That part of Government Lots 1 and 8, Section 34,
Township 28, Range 24, described as beginning on the South line of said
Government Lot 8 at its intersection with the extension South of the East line
of Stevens Avenue dedicated in the plat of"A.G. Bogen Company's Nicollet
Avenue Addition"; thence North along said extension South of the center line
of 2nd Avenue S. dedicated in said plat; thence West along said South line to
its intersection with a line drawn parallel with an d315 feet East from the
North and South Quarter line of said Section 34; thence South along the last
described parallel line to the South line of said Government Lot 8; thence
East along said South line to the point of beginning, Hennepin County,
Minnesota
WHEREAS, the Planning Commission of the City of Richfield recommended
approval of the requested conditional use permit for expansion of a nonconforming building
in a Mixed Use District at its October 24, 2011 meeting; and
WHEREAS, the requested conditional use permit meets the requirements
necessary for issuing a conditional use permit for the expansion of a nonconforming
building in a Mixed Use District as specified in Richfield's Zoning Code, Section 537.13,
Subd. 2; and
WHEREAS, the City has fully considered the request for approval of the conditional
use permit for the expansion of a nonconforming building in a Mixed Use District; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A conditional use permit is issued to allow the construction of an expanded
Menards store, as described in City Council Letter No. , with plans dated
December 2, 2011, on the Subject Property legally described above.
2. The conditional use permit at 7701 & 7717 Nicollet Avenue is subject to the
following conditions in addition to those specified in Section 537.13, Subd. 2 of
the City's Zoning Ordinance:
• That the property be platted;
• The property owner is responsible for replacing any required landscaping
that dies;
• That a final lighting plan be submitted to and approved by the Community
Development Director;
• That a final landscaping plan be submitted to an approved by the
Community Development Director;
• That a final sediment and erosion control plan be submitted to and
approved by the Public Works Director;
• That a final stormwater management plan be submitted to and approved
by the Public Works Director;
• That a maintenance agreement related to sidewalks and landscaping be
executed;
• That a final utility plan be submitted to and approved by the Public Works
Director;
• Based on the submitted parking study dated August 8, 2011, the City
finds that 265 parking stalls are required to serve this development.
Snow storage may only take place in parking stalls that are in excess of
this minimum requirement;
• This approval does not include the signs shown on the drawings.
Separate sign permits are required;
• That the recipient of this conditional use permit record this Resolution with
the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and
the City's Zoning Ordinance Section 546.05, Subd. 7; and
• Prior to the issuance of an occupancy permit, the developer shall:
a) Submit a copy of the recorded conditional use permit;
b) Receive approval and record final plat;
c) Submit a copy of Hennepin County's approval of the final plat; and
d) Submit a surety equal to 125% of the value of any landscaping
improvements not yet complete.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if normal
operation of the use has been discontinued for 12 or more months, as required
by the City's Zoning Ordinance, Section 547.09, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
December 2011.
III/ 4 /
De:bie Goettel, Mayor
ATTEST:
Nancy Gi•l., City Clerk