14-10951r RESOLUTION NO. 10951
RESOLUTION GRANTING APPROVAL
OF A CONDITIONAL USE PERMIT
AND A SETBACK VARIANCE
FOR A BUILDING ADDITION AT
6736 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which
requests approval of conditional use permit and variances to permit construction of a
1,074 square foot building addition to a legally nonconforming restaurant building on the
parcel of land located at 6736 Penn Avenue (the "Property"), legally described as:
Lots 9 and 10, Bock 16, TINGDALE BROS.' LINCOLN HILLS, Hennepin County,
Minnesota;
WHEREAS, the requested conditional use permit at 6736 Penn Avenue meets
the requirements necessary for issuing a conditional use permit for the expansion of a
nonconforming building in the Mixed Use Districts as specified in Richfield Zoning Code
Subsection 537.13, Subd. 2; and
WHEREAS, the requested conditional use permit at 6736 Penn Avenue meets
the requirements necessary for issuing a conditional use permit for a Class I (full
service) restaurant serving alcoholic beverages as specified in Richfield Zoning Code
Subsection 534.07, Subd. 6 and the requirements necessary for all conditional use
permits within the City as specified in Richfield Zoning Code Subsection 547.09, Subd.
6; and
WHEREAS, the proposed site plan includes an existing building that is situated
22.6 feet from the front property line rather than 20 feet which would allow on-street
parking to count toward minimum parking standards, and 21 on-site parking stalls rather
than the required 29;
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, the Planning Commission of the City of Richfield recommended
approval of the requested conditional use permit and front building setback variance,
and denial of the parking variance at 6736 Penn Avenue at its August 11, 2014 meeting;
and
WHEREAS, the City has fully considered the request for approval of the
conditional use permit;
WHEREAS, based on the findings below, the Richfield City Council approves the
requested variance from Richfield Zoning Code Subsection 544.13, Subd. 8, Clause c(i)
and denies the requested variance from Richfield Zoning Code Subsection 544.13
Subdivision 6 and 8; 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 (MU-C) and is within the
Penn Avenue Corridor (PAC) Overlay District.
b. The Zoning Code states that in order to include adjacent on-street parking
toward a site's overall requirement, the principal building must be set back no
more than 20 feet from the front property line. The existing building is set
back 22.6 feet. A variance from Subsection 544.13, Subd.8, Clause c(i) is
required.
c. Code states that minimum required parking for a restaurant that is 3,267
square feet and in the vicinity of a frequently operating transit line is 29
spaces. The proposal calls for 21 on-site spaces and 2 street spaces (per
item b). A variance from Subsection 544.13, Subdivisions 6 and 8 is required.
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 Subsection 544.13, Subd.8,
Clause c(i) would cause a practical difficulty. The existing building is located
22.6 feet from the front property line. The structure was built in 1961 by a
previous owner. It would be impractical and unreasonable to require the
building to be moved. The location of the building and the provision of
outdoor seating which meets the setback requirement are in keeping with the
intent of the Code provision. Strict enforcement of Richfield Zoning Code
Subsection 544.13, Subdivisions 6 and 8 would cause a practical difficulty. It
is reasonable to expand, update and improve an existing structure.
b. Unique circumstances affect the Property that were not created by the
applicant. The building was designed such that its primary entrance faced
Penn Avenue. The Zoning Code regulations of Subsection 544.13, Subd. 8,
Clause c(i) were intended to encourage this type of pedestrian-friendly
development and to help relieve parking woes for smaller sites. It is no fault
of the applicant that the building is situated 2.6 farther back than what this
provision accounts for. The City should investigate setbacks in this area to
insure that the regulation is having the desired effect. The circumstances
related to the need for additional parking as it relates to the proposed building
expansion (Subsection 544.13, Subdivision 6 and 8) will be created by the
applicant/property owner and do not meet this requirement.
c. Granting the requested variances will not alter the character of the
neighborhood. The requested variance from Subsection 544.13, Subd. 8,
Clause c(i) will not alter the character of the neighborhood as the use of these
parking spaces by restaurant patrons is already frequently occurring and
encouraged. The requested reduction to on-site parking spaces in
conjunction with a building addition of nearly 50 percent will potentially lead to
increased spillover parking in the neighborhood.
d. The variances requested are the minimum necessary to alleviate the practical
difficulty. The proposed front setback variance is the minimum necessary to
allow the on-street parking in front of this building to be utilized and counted
as intended. The issue related to the number of overall available parking
stalls has been created by the applicant and therefor does not meet the
practical difficulty standard.
3. Based on the above findings, a variance is hereby approved to permit the
inclusion of two on-street parking stalls adjacent to a building that is set back
22.6 feet from the property line toward overall site requirements.
4. Based on the above findings, a variance to reduce on-site parking to 21 spaces
in conjunction with a 1,074 square foot building addition is hereby denied.
5. A conditional use permit is issued to allow construction of a 1,074 square foot
building addition, as described in City Council Letter No. 144, on the Subject
Property legally described above.
6. This conditional use permit is subject to the following conditions in addition to
those specified in Subsections 537.13, Subd. 2 and 547.09, Subd.6 of the City's
Zoning Ordinance:
• 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 547.09, Subd. 8.
• A recorded copy of the approved resolution must be submitted to the
City prior to the issuance of a building permit.
• The applicant must provide a copy of a signed lease agreement for use
of 6 off-site parking spaces (meeting Code requirements) for employee
use. The minimum duration of this lease is one year.
• If within 9 months the City Council has not reduced parking
requirements to eliminate the need for additional off-site parking
spaces, the applicant shall be required to negotiate and record
agreements in accordance with City Ordinances to insure continued
availability of off-site parking spaces OR the applicant shall provide a
parking study to indicate that off-site parking is not necessary.
• Parking stalls must be available year-round. No snow or other storage
is permitted in required parking stalls.
• An odor control system is required. A building permit will not be issued
until system details and screening plans have been submitted and
approved.
• A screening plan for all new mechanical and utilitarian items is required
prior to the issuance of a building permit.
• The property owner is responsible for continual maintenance of all
required and approved landscaping.
• The applicant is responsible for obtaining all required permits,
compliance with all requirements detailed in the City's Administrative
Review Committee Report dated July 10, 2014, and compliance with
all other City and State regulations.
• Separate sign permits are required.
• All new utility service must be underground.
• Prior to the issuance of an occupancy permit the applicant must submit
a surety equal to 125% of the value of any improvements and/or
requirements not yet complete. This surety shall be provided in the
manner specified by the Zoning Code.
7. This conditional use permit and variance 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.
8. 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.
/jilt , vs*
i
Debbie Goettel, Mayor
ATTEST:
Nancy Gibs City Clerk