12-10622r RESOLUTION NO. 10622
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN
AND VARIANCES AT
1120 66TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which
requests approval of site plan for a retail automotive store on the parcel of land located
at 1120 66th Street East (the "Property"), legally described as:
Lot 8, Block 2, Eliason Fourth Addition, Hennepin County, Minnesota; and
WHEREAS, the proposed site plan includes an irrigation system that ends
approximately 10 feet south of the northern property line rather than covering the entire
site, a front setback of 76 feet rather than the permitted maximum of 60 feet, and a side
setback of 5 feet for 24.5 feet at the northwest corner of the proposed building rather
than the required 15 feet;
WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the
granting of variances to the literal provisions of the zoning regulations in instances
where their enforcement would cause "practical difficulty" to the owners of the property
under consideration; and
WHEREAS, based on the findings below, the Richfield City Council approves the
requested variances from Richfield Zoning Code Subsections 534.11, Subdivisions 1
and 2; and 544.03, Subdivision 4, Clause h; and
WHEREAS, the City has fully considered the request for approval for the site
plan; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. The City Council makes the following general findings:
a. The Property is zoned General Commercial.
b. Hennepin County is requiring that direct access to the site from 66th Street
be removed.
c. The proposed site plan shows a building located 79 feet from the front
property line. Code states that the maximum front setback in this area
shall not exceed 60 feet. A variance from Subsection 534.11, Subd. 2 is
required.
d. The proposed site plan shows a building located 5 feet from a single-
family residential property for approximately 27.5 feet. Code states that
the minimum building setback adjacent to a single-family residential
property is 15 feet. A variance from Subsection 534.11, Subd. 1 is
required.
e. The proposed site plan shows a parking lot located 12.5 feet from a
single-family residential property. Code states that the minimum parking
lot setback adjacent to a single-family residential property is 15 feet. A
variance from Subsection 534.11, Subd. 1 is required.
f. The proposed site plan shows a pedestrian walkway that is 5 feet wide.
Code requires a minimum width of 6 feet. A variance from Subsection
544.15, Subd. 3 is required.
g. The proposed site plan shows parking stalls that are 8.5 feet wide. Code
requires a minimum width of 9 feet. A variance from Subsection 544.13,
Subd. 3 is required.
h. The existing privacy fence is located approximately 10 feet south of the
northern property line. This privacy fence is proposed to be replaced and
the existing row of mature trees maintained. Code states that all
landscaped area within new developments shall be irrigated. A variance
from Subsection 544.03, Subd. 4(h) is required.
2. With respect to the application for the above-listed variances from Code
requirements, the City Council makes the following findings:
a. Strict enforcement of Richfield Zoning Code Subsections 534.11,
Subdivisions 1 and 2; 544.03, Subdivision 4(h); 544.13, Subdivision 3; and
Subsection 544.15, Subdivision 3 would cause a practical difficulty. Use
of this site for a retail auto parts store is a reasonable use for which
access and parking needs must be addressed.
b. Unique circumstances that were not created by the land owner affect the
Property. The requirement by Hennepin County that direct access to 66th
Street from the site presents delivery circulation issues that would not
otherwise be present. The existing privacy fence and long-standing
relationship with the adjacent residential neighbor to north is a unique
circumstance and site constraint that does not apply to other parcels.
Neither the land owner, nor the applicant created these circumstances.
c. Granting the requested variances will not alter the essential character of
the neighborhood. Requested variances related to setbacks and irrigation
will not alter the essential character or the neighborhood or endanger
public safety. However, the requested variances related to parking stall
widths and walkway width will unnecessarily increase the possibility of
property and/or personal injury. This finding cannot be met for variances
from Subsections 544.13, Subdivision 3 and 544.15, Subdivision 3.
d. The variances requested are the minimum necessary to alleviate the
practical difficulty. The proposed plan to limit irrigation to the area south of
the proposed privacy fence will preserve the existing trees and long-
standing relationship with the adjacent residential property. In regard to
setbacks, the Council finds that modifications can be made to the site plan
that will increase the degree of conformity with Code requirements and still
alleviate the practical difficulty. The proposed building can be shifted
south 3 feet without the loss of any parking. This reduces the area of
noncompliance with Subsection 534.11, Subdivision 1 (side setback) from
27.5 feet to 24.5 feet and with Subsection 534.11, Subdivision 2 (front
setback) from 19 feet to 16 feet. The same building shift will allow a shift
of the northern parking lot boundary. This boundary will then meet the
requirement of Subsection 534.11, Subdivision 1 and no variance will be
necessary.
e. The variances will not alter the essential character of the neighborhood.
The proposed plan allows for redevelopment of a vacant commercial
property. Past use of this property was as a restaurant; a use with
potentially more neighborhood impacts.
f. The variances requested are in harmony with the general purpose and
intent of the ordinance and consistent with the Comprehensive Plan.
Ordinances and the Comprehensive Plan contemplate a wide variety of
commercial uses in this area. Minor modifications (see "c" and "d" above)
to the proposed plan can be made to bring the proposal closer to the
general intent of a walkable, safe, cohesive neighborhood.
3. With respect to the proposed site plan, the City Council makes the following
findings:
a. The proposed site plan is consistent with the elements and objectives of
the City's Comprehensive Plan.
b. The proposed use of the site for a retail automotive store is consistent with
the purposes of the Code, which allows for a wide variety of retail and
service businesses.
4. Based upon the above findings, a variance is hereby approved to allow a front
setback of 76.5 feet.
5. Based upon the above findings, a variance is hereby approved to reduce the
interior side setback adjacent to a residential parcel from 15 feet to 5 feet for a
distance not to exceed 24.5 feet.
6. Based upon the above findings, a variance is hereby denied to reduce the
parking lot setback adjacent to a residential parcel.
7. Based upon the above findings, a variance is hereby denied to reduce the width
of a pedestrian walkway from 6 feet to 5 feet.
8. Based upon the above findings, a variance is hereby denied to reduce the
minimum parking stall width from 9 feet to 8.5 feet.
9. Based upon the above,findings, a variance is hereby approved reduce irrigation
requirements by 10 feet extending south from the northern property line.
10. A site plan including variances related to front and side setbacks, and irrigation
requirements is hereby approved according to the terms of Richfield City Code
Subsection 547.13, Subdivision 9, with the following additional stipulations:
a) That revised site plans addressing required site changes be submitted to and
approved by the Community Development Director prior to the issuance of
any permits;
b) That final sediment and erosion control plans are submitted to and approved
by the Public Works Director;
c) That a final stormwater management plan be submitted to and approved by
the Public Works Director;
d) That all parking stalls be maintained and free of snow year round;
e) This resolution does not include approval of any signs. Sign permits must be
applied for separately;
f) Prior to the issuance of an occupancy permit, the applicant shall submit a
surety equal to 125% of the value of any landscaping improvements not yet
complete. This surety shall be calculated based on a minimum of two bids
that include labor costs.
g) The property owner is responsible for the maintenance and replacement of all
landscaping in accordance with approved plans.
11. Variances shall expire one year from the date of approval unless: a) the project
for which the variance was granted is complete; or b) building permits have been
issued and substantial work performed; or upon written request of the person or
corporation holding the variance, the Council extends the expiration date for an
additional period. If the project is completed as approved, the variance shall run
with the land and remain in effect for so long as the conditions regulating it are
observed.
12. A building permit shall be obtained and construction of the project shall begin no
later than one year following the date on which site plan approval is granted in
accordance with Subsection 547.13, Subdivision 9.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
February 2012.
Debbie Goettel, Mayor
ATTEST:
I +
Nancy Gibbs` ity Clerk