13-10779r RESOLUTION NO. 10779
RESOLUTION APPROVING AN
INTERIM USE PERMIT
TO ALLOW USED AUTO SALES
BY INTERSTATE AUTO GROUP DBA CARHOP
AT 6529 PENN AVENUE
WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009
to guide the development of the community; and
WHEREAS, the City has adopted a Zoning Ordinance or other official controls to
assist in implementing the Comprehensive Plan; and
WHEREAS, an application has been filed with the City of Richfield which requests
an interim use permit to allow Interstate Auto Group dba CarHop (the "Applicant") to
conduct used automobile sales at 6529 Penn Avenue; and
WHEREAS, the Property is zoned Mixed Use — Community (MU-C) and within the
Penn Avenue Corridor Overlay District (PAC); and
WHEREAS, the requested interim use of the property is not permitted in the MU-C
District; and
WHEREAS, the City Council finds that the temporary nature of the proposed interim
use eliminates the adverse effects the prohibition was intended to prevent. Compliance
with performance and landscape standards, Penn Avenue Design Guidelines and
termination of the permit in three years time eliminates the detriment that a used auto
sales business will have on the creation of a pedestrian-friendly corridor; and
WHEREAS, the Planning Commission held a public hearing on February 25, 2013
to review the application for an Interim Use Permit, following mailed and published notice
as required by law; and
WHEREAS, the City Council has reviewed all materials submitted by the Applicant;
considered the oral and written testimony offered by the applicant and all interested
parties; and has now concluded that the application is in compliance with all applicable
standards and can be considered for approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. The proposed Interim Use Permit request meets all applicable conditions and
restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance except as
follows:
a. The proposed interim use is not a permitted use within the Penn Avenue
Corridor Overlay District. In accordance with Subsection 547.15 Subd. 3e
the City Council finds that the temporary nature of the interim use eliminates
the detriment that a used auto sales business will have on the pedestrian-
friendly vision of the Corridor given that pedestrian upgrades have yet to
occur elsewhere in the area.
b. In accordance with Subsection 547.15, Subd. 3e the City Council finds that
the purpose of the Interim Use Permit in this instance is to allow productive
use of a property that is not yet "ripe" for redevelopment given current market
conditions. The temporary nature of the interim use will ensure that the
nonconforming use not be allowed to continue so long as to become a
detriment to the implementation of the Comprehensive Plan.
2. An Interim Use Permit for used auto sales by Interstate Auto Group dba CarHop at
6529 Penn Avenue, as described in City Council Staff Report No. 57 is approved
with the following conditions:
a. The Interim Use Permit will expire three (3) years from its effective date
(June 8, 2013), or upon termination or sale of the current business (Interstate
Auto Group dba CarHop), or upon the sale of the subject property by the
current owner (Penn Avenue Partners II LLC), or upon violation of the
conditions under which the permit was issued, whichever occurs first.
b. That the property owner (Penn Avenue Partners II LLC) meet with City staff
on an annual basis to discuss future potential uses of the property.
c. That a 22-foot minimum drive aisle be maintained in the parking area.
d. That a maximum of 32 vehicles be on site, including inventory, customer and
employee parking.
e. That no vehicles be parked or stored on grass buffer areas.
f. That landscaping be installed and maintained in accordance with the existing
landscape plan dated April 2010, by May 1, 2013.
g. That all trash containers be kept inside the building and not stored in the
parking lot.
h. The Interim Use Permit shall be reviewed periodically by the City to ensure
compliance with the conditions set forth in this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
March, 2013.
S ne M. Sandahl, Mayor Pro Tempore
ATTEST:
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Theresa Schyma, Dey City Clerk