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12-10717r RESOLUTION NO. 10717 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A TRADITIONAL (CLASS II) RESTAURANT AT 811 66TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit to permit a 1,470 square foot traditional restaurant with seating and non-intoxicating beverage at property commonly known as 811 66th Street West, property legally described as: The West one-half of Lot 2, except that part of the North 10 feet thereof lying within the East 10 feet of said West %, and all of Lot 1, Block 3, "Terrace Gardens," Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit at its November 26, 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 Traditional (Class II) Restaurant 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 traditional restaurant with a gross floor area of 1,470 square feet, as described in City Council Letter No. 210, on the Subject Property legally described above. 2. Staff is authorized to make adjustments to the above legal address for recording purposes. 3. 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: • A minimum of six large planters are required along the face of the building. • A bicycle rack providing parking for a minimum of two bicycles is required. • All 26 parking stalls must be accessible year-round. No storage, including snow storage, may occur in any parking stall. • Sign permits must be applied for separately. This approval does not constitute approval of any signs. • All Code violations that have been brought to the applicant's attention must be corrected prior to the installation of tables and chairs. • All landscaping, including fences, must be continuously maintained and not be unsightly in appearance or in a state of disrepair. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report and compliance with all other City and State regulations. Permits are required prior to the commencement of any work; • The recipient of this conditional use permit must record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 547.09, Subd. 8. • Prior to the installation of tables and chairs the applicant shall submit a copy of the recorded conditional use permit. 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. 9. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December 2012. ` 141. Debbie Goettel, ayor ATTEST: Nancy Gi C lerk •