04-9441r
41
RESOLUTION NO. 9441
RESOLUTION AUTHORIZING AN AMENDMENT
TO THE CONDITIONAL USE PERMIT TO ALLOW VEHICLE SALES
AT 616 EAST 78TH STREET
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a an amendment to the Conditional Use Permit to allow vehicle sales on land
generally located at 616 East 78th Street, legally described as:
All that part of the South 415 feet of the West % of the Southwest % of the
Southwest % of the Southwest % of Section 35, Township 28 North, Range 24 West
of the 4th Principal Meridian, lying North of the North line of Trunk Highways NO.5
and 100 and Interstate Freeway No. 494 EXCEPT the West 213 feet thereof. ALSO
ALL that part of the West 213 feet of the South 415 feet of the West % of the
Southwest % of the Southwest % of the Southwest % of Section 35, Township 28,
Range 24 lying North of Trunk Highways No.4 and No. 100 and Interstate Freeway
494, described as follows: Beginning at the Northeast corner of said parcel; Thence
West along the North line to a point 30 feet West of the Northeast corner; thence
South 115.5 feet parallel with the West line thereof; thence Southeasterly to a point
on the East line which is 30 feet North of the Southeast corner of the above
described parcel; thence North along said East line to the point of beginning.
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested amendment to the Conditional Use Permit at 616 East 78th
Street at its January 26, 2004 meeting; and
WHEREAS, this requested amendment to the Conditional Use Permit at 616 East
78th Street meets those requirements necessary for issuing a Conditional Use Permit as
specified in Richfield's Zoning Code, Sections 526.27 Subdivision 11 and 546.05, except
as specified in Staff Report No. 45; and
WHEREAS, the City has fully considered the request for approval of the
amendment to the Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. An amendment to the Conditional Use Permit is issued to allow vehicle sales in
addition to vehicle leasing, as described in Staff Report No. 45, on the Subject
Property legally described above.
2. This amended Conditional Use Permit at 616 East 78th Street is subject to the
following conditions in addition to those specified in Sections 526.27 Subdivision
11 of the City's Zoning Code:
A) That the recipient of this Conditional Use Permit record this resolution
with the County, pursuant to Minnesota Statutes Section 462.36,
Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7.
B) That a six foot tall, solid privacy fence must be constructed along the rear
property line to buffer the proposed use from the abutting apartment
buildings.
C) That exterior speakers shall be prohibited.
D) That the accessory building on site be used only for cleaning vehicles,
and that this accessory building can not be used for any type of auto
repair or auto bodywork.
3. The amended 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 Zoning Ordinance, Section 546.05, Subd. 9
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
March, 2004.
e M. Sandahl, Mayor Pro Tempore
ATTEST:
Q
Deborah J. Gui