13-10792r RESOLUTION NO. 10792
RESOLUTION GRANTING APPROVAL
OF A CONDITIONAL USE PERMIT
AND VARIANCES AT
140 78TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which
requests approval of conditional use permit for a Class Ill Restaurant with Drive-up
Service on the parcel of land located at 140 78th Street East (the "Property"), legally
described in the attached Exhibit A; and
WHEREAS, the proposed conditional use permit includes a one story building
covering seven percent of the property, that is located approximately 80 feet from 2nd
Avenue and 40 feet from 78th Street East. Further the proposed permit includes a
drive-up service lane adjacent to 78th Street East, a parking lot adjacent to 2nd Avenue
and is lacking a primary entrance facing 78th Street East; and
WHEREAS, the City Codes require two story buildings covering a minimum of 25
percent of the property, that are located a maximum of 15 feet from side and front lot
lines. Further, Code prohibits parking between a primary patron entrance and the street
and requires a patron entrance on sides of the building that are adjacent to public
sidewalks;
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 537.05, Subd. 5; 537.07;
537.11, Subd. 4 and Subd. 7; and
WHEREAS, the City has fully considered the request for approval for the
conditional use permit; 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 Mixed Use — Community.
b. The existing building is legally nonconforming and could be replaced as it
is.
c. The proposed site plan will improve or fully comply with the following
requirements which are currently unmet: impervious surface, architectural
design, lighting, pedestrian connection, setbacks, trash and recycling
treatment, parking lot orientation, parking lot setbacks, landscape islands,
useable open space, and active building frontage.
d. Code states that building must be a minimum of two stories in the Mixed
Use — Community District. The proposed building is one story. A variance
from Subsection 537.07 is required.
e. Code states that minimum building coverage is 25 percent of a site. The
proposed building covers 7 percent of the site. A variance from
Subsection 537.07 is required.
f. Code states that maximum front and side setbacks shall not exceed 15
feet. The proposed building is set back approximately 80 (front) and 40
(side) feet. A variance from Subsection 537.07 is required.
g. Code states that all buildings shall have at least one primary patron
entrance facing an abutting public street rather than a parking lot. A
variance from Subsection 537.11, Subdivision 4(a) is required.
h. Code states that Commercial structures that have over 60 linear feet of
frontage on a public sidewalk must have a principal patron entrance onto
the sidewalk. A variance from Subsection 537.11, Subdivision 4(c) is
required.
Code states that parking lots shall be oriented behind or to the side of
buildings. The proposed site includes a parking lot in front of the building.
A variance from Subsection 537.11, Subdivision 11 is required.
j. Code states that drive-up service/lanes shall not be adjacent to a public
street. The proposed plan includes a drive-up lane adjacent to 78th
Street. A variance from Subsection 537.05, Subsection 5(a) is required.
k. Code states that drive-up service must be part of a multi-tenant mixed use
development. Code seems to allow for stand-alone buildings with drive-up
service so long as mitigating improvements are added; however, this
regulation is unclear. A variance from Subsection 537.05, Subsection 5(c)
may be appropriate and is therefore considered here.
2. With respect to the application for variances from the above-listed requirements,
the City Council makes the following findings:
a. Strict enforcement of Richfield Zoning Code Subsections 537.07; 537.11,
Subd. 11; 537.05, Subd. 5, Clauses a and c would cause a practical
difficulty. The applicant is proposing to use the site in the same manner
that is has been used historically. The applicant has proposed site
improvements that will in most cases improve overall compliance with
current Code requirements. Alternatively, the applicant could replace the
existing building under State nonconformity laws. The size and location of
this site do not allow for simultaneous compliance with all District
regulations. It is not feasible to place a two-story building that meets
minimum building coverage requirements on this site without finding
additional off-site parking. On a corner lot, it is not possible to achieve the
City's desire for buildings that front on the public street without placing
some element of a drive-thru adjacent to one of those public streets or by
creating an unsafe parking lot that would direct all drive-thru traffic through
the parking area.
b. Unique circumstances affect the Property that were not created by the
land owner. There is no opportunity to combine the land and therefore
create a parcel that could support a multi-story, multi-tenant development.
The site has limited visibility and limited redevelopment potential. Neither
the land owner, nor the applicant created these circumstances.
c. Granting the requested variances will not alter the essential character of
the neighborhood. The requested variances will allow the applicant to
eliminate a vacant and outdated building, thereby improving the character
of the neighborhood.
d. The variances requested are the minimum necessary to alleviate the
practical difficulty. The proposed variances will allow for the
redevelopment of a constrained site.
3. With respect to the proposed conditional use permit, the City Council makes the
following findings:
a. The proposed site plan is consistent with the elements and objectives of
the City's development guides, including the Comprehensive Plan and any
redevelopment plans established for the area.
b. The proposed use of the site for Class Ill Restaurant with Drive-up Service
is consistent with the purposes of the Code, which allows for a wide
variety of retail and service businesses.
c. The proposed use will be in compliance with Code guidelines related to
performance standards (excepting the above-requested variances).
d. Undue adverse impacts to government services are not anticipated.
e. The proposed use and variances serve to avoid potential adverse impacts.
4. Based upon the above findings, variances are hereby approved to permit a one-
story building.
5. Based upon the above findings, a variance is hereby approved to reduce the
minimum building coverage requirement to seven percent.
6. Based upon the above findings, a variance is hereby approved to allow a
maximum 80-foot front setback and 40-foot side setback.
7. Based upon the above findings, a variance is hereby approved to allow a building
without a primary patron entrance abutting a public street.
8. Based upon the above findings, a variance is hereby approved to allow a building
without a patron entrance onto an adjacent public sidewalk.
9. Based upon the above findings, a variance is hereby approved to allow a parking
lot in front of the proposed building.
10. Based upon the above findings, a variance is hereby approved to allow position a
drive-up service lane adjacent to the public street (78th Street).
11. Based upon the above findings and variances, the proposed conditional use
permit is hereby approved according to the terms of Richfield City Code
Subsection 547.09, Subdivision 6, with the following additional stipulations:
a) That the applicant continue to work with Community Development staff to
enhance the usable outdoor open space indicated on the approved plans;
b) That the property owner is responsible for replacing any landscaping/plant
materials that die;
c) That all parking stalls be maintained and free of snow year round;
d) That approval of this conditional use permit does not include approval of any
signs. Sign permits must be applied for separately;
e) 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
f) 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 site improvements (based on two bids including labor cost)
not yet complete.
12. 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 14th day of
May 2013.
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Debbie Goettel, Mayor
ATTEST:
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Nancy Gib , City Clerk