14-11001r RESOLUTION NO. 11001
RESOLUTION GRANTING APPROVAL
OF A CONDITIONAL USE PERMIT
AND VARIANCE AT
308 78TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which
requests approval of conditional use permit for expansion of a legal nonconforming
residential treatment facility/supervised living facility on the parcel of land located at 308
78th Street East (the "Property"), legally described in the attached Exhibit A; and
WHEREAS, the proposed conditional use permit includes an addition to a legally
nonconforming building. The addition will increase the gross floor area dedicated to a
legal nonconforming use by 50 percent; and
WHEREAS, the City Code allows for the expansion of legally nonconforming
buildings in the Mixed Use Districts;
WHEREAS, the City Code allows for the expansion of legal nonconforming uses
in the Mixed Use Districts by up to 10 percent of their gross floor area;;
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 537.13, Subd. 1; and
WHEREAS, the City has fully considered the request for approval for the
conditional use permit; 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.
b. The existing use is legally nonconforming and can continue indefinitely.
c. The existing building is legally nonconforming and can continue
indefinitely.
d. The proposed site plan will improve or fully comply with the following
requirements which are currently unmet: building coverage, landscaping,
front setback, parking, parking lot screening, trash enclosures, and
landscaping.
e. Code states that the Council can approve the expansion of legally
nonconforming uses by up to 10 percent of the gross floor area in the
Mixed Use Districts. The proposed expansion will increase gross floor
area by 50 percent. A variance from Subsection 537.13 is required.
f. Code states that the Council can approve the expansion of legally
nonconforming buildings that do not increase the overall, site-wide degree
of nonconformity.
2. With respect to the application for a variance to allow the expansion of a legally
nonconforming use by more than 10 percent, the City Council makes the
following findings:
a. Strict enforcement of Richfield Zoning Code Subsections 537.13,
Subdivision 1 would cause a practical difficulty. The applicant is
proposing to use the site in the same manner that is has been used
historically. The applicant has proposed site improvements that will
improve overall compliance with current Code requirements. Further, the
proposed expansion will not intensify the existing use, which was the
intent of limiting the expansion of nonconforming uses. All changes are
related to improving conditions, services, and the accessibility of a building
that is nearing obsolescence. It is reasonable to allow improvement of the
facilities for the betterment of clients even if this improvement requires the
addition of more floor area than is typically permitted.
b. Unique circumstances affect the Property that were not created by the
land owner. Supervised living facilities are not currently permitted in any
of the City's Zoning Districts. Not only would it would be difficult to find an
alternative location for the facility, but Progress Valley has been operating
their program from this location for 35 years without any significant
complaints from neighboring properties. It is reasonable to allow
expansion within a neighborhood that has co-existed with the facility for
many years.
c. Granting the requested variance will not alter the essential character of the
neighborhood. The requested variance is not expected to have any
impact on the character of the neighborhood.
d. The variance requested is the minimum necessary to alleviate the
practical difficulty. The proposed variance will allow the applicant to
remodel their facility in such a manner that it will meet a variety of health
and safety codes with which it is now noncompliant.
3. Based upon the above findings, a variance is hereby approved to permit the
expansion of a nonconforming use by 50 percent of the existing gross floor area.
4. Based upon the above findings and variance, the proposed conditional use
permit is hereby approved according to the terms of Richfield City Code
Subsection 537.13, with the following additional stipulations:
a) Final dumpster enclosure plans, complying with City Code Section 544.05
must be approved by staff prior to construction;
b) The property owner is responsible for the continuous maintenance of required
landscaping in accordance with approved plans;
c) All required parking stalls must be maintained and free of snow year-round
(minimum City requirement is 12 stalls for facility serving 28 persons);
d) Approval of this conditional use permit does not include approval of any signs.
Sign permits must be applied for separately;
e) All lighting changes must be approved by City staff;
f) Any new mechanical equipment must be screened in accordance with Code
requirements;
g) All new utility service must be underground;
h) The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report, and compliance with all other City and State regulations. Permits are
required prior to commencement of any work;
i) 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. Proof of recording must be
provided to the City prior to the issuance of a building permit; and
j) Prior to the issuance of an occupancy permit, the applicant shall submit a
surety equal to 125% of the value of any outstanding improvements (in
accordance with Section 547.17 of the City Code).
k) This permit shall expire two years 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.
5. 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. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of
November 2014.
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Debbie Goettel, ayor
ATTEST:
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Nancy Gig• • City Clerk
Exhibit A
Legal Description
Parcel 1:
The East 125.00 feet of the South 174.00 feet of the South Half of the Southwest
Quarter of the Southeast Quarter of Section 34, Township 28, Range 24, EXCEPT
those parts taken for State Trunk Highway No. 5 and 100 over the South 40 feet
thereof, pursuant to Documents No. 1349782 and 1719066.
AND
The West 206.54 feet of the South 120.14 feet of the South Half of the Southeast
Quarter of the Southeast Quarter of Section 34, Township 28, Range 24.
AND
The West 28.05 feet of the North 53.86 feet of the South 174.00 feet of the South Half
of the Southeast Quarter of the Southeast Quarter of Section 34, Township 28, Range
24.
Parcel 2:
Non-exclusive easement for access and utility purposes created pursuant to Driveway
Access and Utility Easement Agreement dated April 16, 2004, recorded January 3,
2005 as Document No. 8501482, over the following described land:
The North 32.18 feet of the South 206.18 feet of the East 155.00 feet of the South Half
of the Southwest Quarter of the Southeast Quarter of Section 34, Township 28, Range
24.
AND
That part of the North 30.00 feet of the South 204.00 feet of the South Half of the
Southwest Quarter of the Southeast Quarter of Section 34, Township 28, Range 24,
lying West of the East 155.00 feet, and lying East of the West 30.00 feet of the East
Quarter of said South Half of the Southwest Quarter of the Southeast Quarter.
AND
The North 32.18 feet of the South 206.18 feet of the West 28.05 feet of the South Half
of the Southeast Quarter of the Southeast Quarter of Section 34, Township 28, Range
24.