14-10950r RESOLUTION NO. 10950
RESOLUTION APPROVING AN AMENDMENT TO THE
CONDITIONAL USE PERMIT AND A VARIANCE
TO ALLOW CONSTRUCTION OF A SOCCER FIELD AND ACCESSORY
STRUCTURES
AT AN EXISTING EDUCATIONAL FACILITY
AT 7450 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which
requests approval of an amendment to the conditional use permit to allow the
construction of a soccer field at property commonly known as 7450 Penn Avenue
(South Education Center, herein "The Property"), property legally described as:
That part of the South 1031.25 feet of the Northeast Quarter of the Southeast
Quarter of Section 32, Township 28, Range 24 lying East of the East line of
Sheridan Avenue South and North of Saint Richards Addition.
WHEREAS, the Planning Commission of the City of Richfield held a public
hearing and recommended approval of the requested amendment and variance at its
August 11, 2014 meeting; and
WHEREAS, this requested amendment at 7450 Penn Avenue meets the
requirements necessary for issuing a conditional use permit as specified in Richfield's
Zoning Code, Section 547.09; and
WHEREAS, the Zoning Code states that no fence more than four (4) feet in
height shall be constructed or permitted to grow forward of the front line of the principal
building extended to the side lot lines; and
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 variance from Richfield Zoning Code Subsection 509.15, Subd. 3; 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. The City Council makes the following general findings:
a. The Property is zoned Single Family Residential (R).
b. The Zoning Code states that no fence more than four (4) feet in height shall
be constructed or permitted to grow forward of the front line of the principal
building extended to the side lot lines. The proposed fence would be six (6)
feet tall along the southern perimeter of the field and four (4) feet along the
eastern perimeter (Penn Avenue). In the event that a four foot tall fence along
Penn Avenue is not sufficient, this approval would permit the applicant to
modify the fence height to six feet along the eastern perimeter of the field. A
variance from Subsection 509.15 is required.
2. With respect to the application for a variance from the above-listed requirement,
the City Council makes the following findings:
a. Strict enforcement of Richfield Zoning Code Subsection 509.15, Subd. 3
would cause a practical difficulty. The proposed soccer field and accessory
structure meet all requirements. A six foot fence is proposed to prevent
soccer balls from leaving the field and entering the nearby roadway.
Constructing a soccer field and accessory building on this site is a reasonable
use of The Property.
b. Unique circumstances affect the Property that were not created by the
applicant. The property is a through lot with frontages on both Penn Avenue
and Sheridan Avenue. The South Education Center facility was built on the
western portion of the property out of necessity, as a former public school
building stood on the area now proposed for the field. The area proposed for
a soccer field is entirely located forward of the principal building and any
fence is thereby restricted to four (4) feet in height by code. It is not possible
to locate the field in another location on the property.
c. Granting the requested variance will not alter the character of the
neighborhood. The proposed fence is located along the southern perimeter of
the site, adjacent to a trail and private drive and is screened with existing
trees. If necessary, a six foot tall fence along the eastern perimeter would be
set back from Penn Avenue and screened with landscaping.
d. The variance requested is the minimum necessary to alleviate the practical
difficulty. The proposed variance will allow the construction of a fence that
supports safe use of the soccer field. A six foot tall fence is only proposed
where deemed necessary along the southern perimeter of the field. The
remainder of the proposed fence is four feet tall, in conformance with the
zoning code. In the event that the four foot tall fence along Penn Avenue
becomes a safety issue, it is reasonable to allow the applicant to modify the
fence height to six feet along the eastern perimeter of the field.
3. Based on the above findings, a variance is hereby approved to permit a fence six
(6) feet in height, forward of the principal building.
4. A conditional use permit is issued to allow a construction of a soccer field and
accessory structures, as described in City Council Letter No. 141, on the Subject
Property legally described above.
5. 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:
• The applicant shall be responsible for maintenance of landscaping.
Any trees that die shall be replaced; and
• That the applicant apply for building permits as required prior to any
work beginning; and
• The applicant must comply with all requirements of the Administrative
Review Committee Report dated July 10, 2014.
• 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.
6. 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.
7. 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 26th day of
August 2014.
n
f ',�'
tt Debbie Goettel, Mayor
ATTEST:
u�a
Nancy Gib•j City Clerk