14-10979r RESOLUTION NO. 10979
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT
AND VARIANCE
FOR A TRADITIONAL (CLASS II) RESTAURANT
AT 7514 LYNDALE AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit to allow the expansion of a Traditional (Class II)
Restaurant at property commonly known as 7514 Lyndale Avenue and legally described
as:
Lots 4-6, Block 25, Irwin Shores Addition, Hennepin County, Minnesota
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
and recommended approval of the requested amendment and variance at its September
22, 2014 meeting; and
WHEREAS, notice of the public hearing was published in the Sun-Current and
mailed to properties within 350 feet of the subject property on September 9, 2014; and
WHEREAS, the requested conditional use permit meets the requirements
necessary for issuing a conditional use permit as specified in Richfield's Zoning Code,
Subsection 547.09 and as detailed in City Council Staff Report No. 175; and
WHEREAS, the Zoning Code states existing parking lots must maintain a three-foot
setback from the right-of-way, Subsection 534.11, Subd. 6; 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 534.11, Subd. 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. The City Council makes the following general findings:
a. The Property is zoned General Business (C-2).
b. The Zoning Code states that parking lots must be set back a minimum of three
feet from the right-of-way. The proposed setback is zero feet. A variance from
Subsection 534.11, Subd.6 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 534.11, Subd. 6 would
cause a practical difficulty. The actual paved area of parking for this lot already
extends four feet beyond the property line in the area in question. It is only at
this point (four feet from the property line), that the traveled portion of the public
alley begins. The inability to use this area would force the property owner to
secure off-site parking. Further, the strict enforcement of this provision would
allow for landscaping/screening in an area that would not be practical or helpful.
b. Unique circumstances affect the Property that were not created by the applicant.
The extension of the paved area that functions and appears to be parking lot is a
condition that extends along this entire block and is not a condition that was
created by the applicant.
c. Granting the requested variance will not alter the character of the neighborhood.
This is largely an existing condition and will not alter the character of the
neighborhood. In fact, the striping of these stalls will likely reduce the temptation
for drivers to park illegally such that vehicles hang over into the traveled portion
of the alley.
d. The variance requested is the minimum necessary to alleviate the practical
difficulty. A three foot variance is required to allow these three code-compliant
stalls.
e. The proposed variance does not conflict with the purpose or intent of the
Ordinance or Comprehensive Plan.
3. Based on the above findings, a variance is hereby approved to permit a zero foot
parking setback on the west side of the Subject Property.
4. A conditional use permit is issued to allow expansion of a Traditional (Class II)
Restaurant, as described in City Council Letter No. 175, 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:
• A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
• The applicant must make minor modifications to parking lot design in
order to meet City stall size minimums; and
• Final approval of a landscape plan that meets as many requirements of
the City Code as possible by the Community Development Department is
required; and
• The applicant shall be responsible for continued maintenance of
landscaping in keeping with the approved plan; and
• Separate sign permits are required.
• All new utility service must be underground.
• All new utilities, including roof-top equipment, must be screened in
accordance with City Code requirements;
• Required parking must be available year-round and cannot be used for
snow or other storage, etc.; and
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review
Committee Report dated September 4, 2014, and compliance with all
other City and State regulations;
• Prior to the issuance of an occupancy permit the developer 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 specific by the Zoning Code.
6. This conditional use permit and variance shall expire one year after issuance 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 14th day of
October 2014.
• ■ lJ
Debbie Goettel, Mayor
ATTEST:
Nancy G'• • , City Clerk