14-10964r RESOLUTION NO. 10964
RESOLUTION APPROVING AN
APPEAL OF
ODOR CONTROL REQUIREMENTS
FOR
6736 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which
requests approval of an appeal of a decision of the Community Development Director to
require installation of an odor suppression system for an existing restaurant that has
proposed to expand and intensify food preparation practices and which is located
adjacent to residential property. The existing restaurant is located on the parcel of land
addressed as 6736 Penn Avenue (the "Property"), legally described as:
Lots 9 and 10, Bock 16, TINGDALE BROS.' LINCOLN HILLS, Hennepin County,
Minnesota;
WHEREAS, the City Council, acting as the Board of Adjustments and Appeals,
has the authority to hear and decide appeals where it is alleged that there has been an
error in a decision or determination made by the Director in the interpretation or
enforcement of the Zoning Code; and
WHEREAS, the City has begun the process to amend Code regulations related
to the application of odor control regulations and expects to adopt a revised ordinance
by the end of the year; and
WHEREAS, the anticipated ordinance shall require that pre-existing restaurants
which are intensifying cooking equipment and abut residential property provide plans for
a professionally designed odor control remedy and a statement by a structural engineer
that the building design could accommodate said remedy; and
WHEREAS, the City finds that it is reasonable to act on this appeal pending the
future ordinance amendments; and
WHEREAS, the Board of Adjustments and Appeals may require any evidence
and guarantees it deems necessary to ensure compliance with any conditions related to
the granting of the appeal; and
WHEREAS, a public hearing was held on August 26, 2014; and
WHEREAS, the City has fully considered the request for approval of an appeal of
the Community Development Director's application of odor control requirements; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
1. The City Council, acting as the Board of Adjustments and Appeals, adopts as
its Findings of Fact the WHEREAS clauses set forth above.
2. An appeal of odor control requirements is approved in conjunction with the
Conditional Use Permit and Variance applications described in City Council
Report No. 157, on the Property legally described above.
3. The approved appeal is subject to the following conditions:
a. The applicant must provide plans for a professionally designed odor
control remedy and a statement by a structural engineer that the
building design could accommodate the planned odor control remedy
in the future.
b. Should complaints related to odors arise, the applicant may be
required to install a professionally designed odor control system.
c. The applicant must address odor control prior to the issuance of a
building permit.
d. A recorded copy of the approved resolution must be submitted to the
City prior to the issuance of a building permit.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
September, 2014.
cA I.0
Debbie Goettel, Mayor
ATTEST:
)4471-1
Nancy Gibb-,6 ity Clerk