14-10963r RESOLUTION NO. 10963
RESOLUTION GRANTING APPROVAL
OF A CONDITIONAL USE PERMIT
AND SETBACK AND PARKING VARIANCES
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 or meets the requirements necessary for approval of a
variance; 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 or meets the
requirements necessary for approval of a variance; 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 variances from Richfield Zoning Code Subsection 544.13, Subd. 8, Clause c(i)
and 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 in order to meet ADA, Fire and other current Code
standards. Additionally, the Council finds that the existing parking standards in
the Penn Avenue Corridor are unrealistic and in direct conflict with the property
reinvestment and improvement desired.
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 (Subsection 544.13, Subdivision 6 and 8) are unique to a few
commercial areas within the City. Half-block depths make it difficult for most
businesses to provide parking at current ratios. The Council will also pursue a
more permanent fix to this through revised ordinances.
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 will not alter the character of
the neighborhood as area residents have come to expect some spill-over
parking from commercial businesses.
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 is
one that shall be addressed by the Council through a future ordinance change.
This property will be in compliance once the ordinance is passed, therefore it is
the minimum necessary to allow the applicant to proceed without unreasonable
delay.
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 is hereby approved to reduce on-site
parking to 21 spaces in conjunction with a 1,074 square foot building addition.
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. 155, 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.
• Parking stalls must be available year-round. No snow or other storage is
permitted in required parking stalls.
• An odor control system is required unless deemed unnecessary by the
City Council. If 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 variances shall expire one year after approval
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 th of Richfield, • n s to his 9th day of
September, 2014.
o/,
Debbie Goettel, Mayor
AT EST:
Nancy Gibbs ity Clerk