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13-10815r RESOLUTION NO. 10815 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FULL-SERVICE RESTAURANT AT 6501 NICOLLET AVENUE WHEREAS , an application has been filed with the City of Richfield which requests a conditional use permit to allow a “Class I” full-service restaurant with a floor area of 4,200 square feet at property commonly known as 6501 Nicollet Avenue, property legally described as follows: Lots 1 thru 15 inclusive except that part of Lot 9 lying south of the north 49.00 feet thereof and east of the west 38.00 feet of said Lot 9, all in Block 9, “Town’s Edge”, Village of Richfield, Hennepin County, Minnesota WHEREAS , the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit at its June 24, 2013 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 4,200 square feet, as described in City Council Letter No. 134, 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:  That prior to issuance of a Certificate of Occupancy, the property owner or management company must meet with staff and a neighborhood representative to discuss issues related to noise and hours of operation;  That the establishment operate no later than 10:00pm on Monday through Thursday nights, and no later than 2:00am on Friday through Sunday nights;  That bicycle parking racks be installed on the premises in compliance with Section 544.17 of the City’s Zoning Ordinance;  An odor control system is required due to the proximity to residential properties;  All site landscaping must be maintained and tended appropriately;  All parking stalls, crosswalks etc. must be striped in accordance with previously approved plans;  Any property changes including lighting, utilities, landscaping, etc. must comply be approved by the City and comply with Code requirements; • Sign permits must be applied for separately. This approval does not constitute approval of any signs. Portable signs are prohibited; • 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 applicant shall submit a copy of the recorded conditional use permit. 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 9th day of July 2013. , `j Debbie Goettel, Mayor ATTEST: Nancy Gib a City Clerk