12-10683r RESOLUTION NO. 10683
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT
FOR A FULL-SERVICE RESTAURANT
AT 6439 LYNDALE AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests a
conditional use permit to a full-service restaurant with a floor area of 1,980 square feet at
property commonly known as 6439 Lyndale Avenue, property legally described as:
Lots 4, 5, 19, 20 and all of Lot 18, except the Northwesterly 25 feet of said Lot 18,
Block 6, Lyndale Oaks; together with those parts of the vacated alleys in Block 6,
Lyndale Oaks described as follows: Beginning a the most Northwesterly corner of
Lot 19, said Block 6, thence Northeasterly along the Northwesterly line of said Lot
19 and its extension to the Northerly line of Lot 5 in said Block 6; thence Easterly
along said Northerly line 114.28 feet, more or less, to the Northeasterly corner of
said Lot 5; thence Westerly passing through the Southwesterly corner of Lot 6 in
said bock 6 to the centerline of the vacated alley adjoining the Northeasterly line of
Lot 18 in said Block 6; thence Northwesterly along said centerline to its intersection
with the Northeasterly extension of the Southeasterly line of the Northwesterly 25
feet of said Lot 18; thence Southwesterly along said extension to the Northeasterly
line of said Lot 18 thence Southeasterly along Said Northeasterly line to the most
Easterly corner of said Lot 18; thence Southwesterly along the Southeasterly line of
said Lot 18 to the Southerly corner of said Lot 18; thence Southeasterly to the point
of beginning, according to the recorded plat thereof, Hennepin County, Minnesota.
WHEREAS, the Planning Commission of the City of Richfield recommended
approval of this requested conditional use permit at its July 23, 2012 meeting; and
WHEREAS, this requested conditional use permit meets the requirements
necessary for issuing a conditional use permit as specified in Richfield's Zoning Code,
Section 547.09; and
WHEREAS, this requested conditional use permit meets the requirements
necessary for issuing a conditional use permit for a full-service restaurant with intoxicating
beverage service as specified in Richfield's Zoning Code, Section 534.07, Subdivision 6;
and
WHEREAS, the City has fully considered the request for approval of the conditional
use permit.
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 a full-service restaurant with a floor
area of 1,980 square feet, as described in City Council Letter No. 144, on the
Subject Property legally described above.
2. This conditional use permit is subject to the following conditions in addition to
those specified in Section 547.09 of the City's Zoning Ordinance:
• 6439 and 6463 Lyndale Avenue must be combined into a single property
or a permanent parking agreement between the two must be executed
and proof provided to the City;
• Odor control is required;
• Final approval of trash enclosure plans by the Community Development
Director;
• Final landscaping plans shall be submitted to and approved by the
Community Development Director;
• Final site plans addressing accessible parking spaces and accessible
routes be submitted to and approved by the Community Development
Director and Building Official;
• All parking stalls and crosswalks must be restriped;
• All mechanical and utilitarian items must be screened from public areas;
• Any new utilities must be installed underground;
• Sign permits must be applied for separately. This approval does not
constitute approval of any signs;
• 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.
• Prior to the issuance of an occupancy permit, the Developer shall:
a) Submit a copy of the recorded conditional use permit; and
b) Submit a surety equal to 125% of the value of any landscaping
improvements not yet complete.
3. This conditional use permit shall expire one year after it has been issued unless
1) The use for which the permit was granted has commenced; or 2) Building
permits have been issued and substantial work performed; or 3) Upon written
request of the applicant, the Council extends the expiration date for an additional
period not to exceed one year. Expiration is governed by the City Zoning
Ordinance, Section 547.09, Subdivision 9.
4. 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. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
August 2012.
At\i'k i
w
Debbie Goettel, Mayor
ATTEST:
Nancy Gib'City Clerk