12-10637r RESOLUTION NO. 10637
RESOLUTION GRANTING APPROVAL
OF AN AMENDED CONDITIONAL USE PERMIT
FOR AN ANIMAL KENNEL WITH
AN OUTDOOR RELIEF AREA AT
6315 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of an amendment to a conditional use permit to allow an outdoor animal relief
area as an accessory to an animal kennel on the parcel of land located at 6315 Penn
Avenue (the "Property"), legally described as:
Lots 20 and 21, Block 12, Ray's Lynnhurst, Hennepin County, Minnesota;
and
WHEREAS, on February 14, 2012, the City Council has previously approved
Resolution No. 10623 granting a conditional use permit for an animal kennel serving up to
50 dogs at the Property; and
WHEREAS, the Planning Commission of the City of Richfield recommended
approval of this requested amendment to the conditional use permit at their February 27,
2012 meeting; and
WHEREAS, the requested amendment meets the requirements necessary for
issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09;
and
WHEREAS, the requested amendment meets the requirements necessary for
issuing a conditional use permit for an outdoor relief area as specified in Richfield's Zoning
Code, Section 534.07, Subdivision 24; and
WHEREAS, on February 14, 2012, the City Council has previously found that
requirements necessary for issuing a conditional use permit for an animal kennel as
specified in Richfield's Zoning Code, Section 537.07, Subd. 11 are met; and
WHEREAS, the City has fully considered the request for approval of the
amendment;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. An amended conditional use permit is issued to allow an animal kennel with an
accessory outdoor relief area, as described in City Council Letter No. 61, on the
Subject Property legally described above.
2. This amended conditional use permit is subject to the following conditions in
addition to those specified in Subsections 547.09, 537.07, Subd. 11 and 534.07,
Subd. 24 of the City's Zoning Ordinance:
• This amended conditional use permit supersedes the previous conditional
use permit issued under Resolution No. 10623.
• Final landscaping plans including a decorative element along the southern
property line shall be submitted to and approved by the Assistant Community
Development Director prior to issuance of any permits;
• Final outdoor relief area screening plans shall be submitted to and approved
by the Assistant Community Development Director prior to issuance of any
permits;
• That the property owner is responsible for replacing any landscaping/plant
materials that die;
• That all 10 parking stalls be maintained and free of snow year round;
• That approval of this conditional use permit does not include approval of any
signs. Sign permits must be applied for separately;
• That the applicant is responsible for obtaining necessary license(s) related to
the animal kennel from the City's Licensing Department. This approval does
not constitute approval of said license(s).
• 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 applicant shall:
a) Submit a copy of the recorded conditional use permit;
b) Submit a surety equal to 125% of the value of any landscaping and/or
building façade improvements (based on two bids including labor
cost) not yet complete.
3. This 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
March 2012.
om Fitzhenry, Mayor Pro Tempore
ATTEST:
Nancy Gib City Clerk