98-8574r
32
RESOLUTION NO. 8574
RESOLUTION DENYING AN APPEAL TO THE BOARD OF ADJUSTMENT AND
APPEALS OF A DECISION MADE BY THE COMMUNITY DEVELOPMENT
DIRECTOR
Be it resolved by the Board of Adjustment and Appeals of the City of Richfield,
Minnesota as follows:
I. The Board of Adjustment and Appeals hereby makes the following findings of
fact:
FINDINGS OF FACT
1. The City of Richfield (the "City") regulates, by ordinance, the location of land uses.
2. The primary source of such regulations is contained in Appendix B of the Richfield
City Code which establishes zoning regulations for uses such as religious
institutions.
3. On or about September 9, 1998 the City received a verbal request from Minneapolis
Meeting Rooms, Inc. to consider a proposal to construct a building for religious
activities at 609 West 74th Street.
4. The property at 609 West 74th Street is zoned MR-2 (medium density multiple
residence). The primary source of regulations for the MR-2 district is in subsection
521 of the Zoning Ordinance. Religious institutions are not listed as permitted or
conditional uses in the MR-2 district. There are no uses similar to the proposed
religious institution that are permitted or conditional in the MR-2 district.
5. On or about September 19, 1997 the City Zoning Administrator, a representative of
the Community Development Director, informed Minneapolis Meeting Rooms, Inc.,
in writing, that a religious institution is not an allowable use in the MR-2 district. The
Zoning Administrator informed Mike Oberg of the options available to the
organization, one of which would be to appeal the decision of staff to the City
Council, acting as the Board of Adjustment and Appeals, regarding the
determination that religious institutions are not allowable uses in the MR-2 district.
6. On Jan\uary 29, 1998 the City received a written request (the "Appeal") that the City
Council consider allowing a religious institution in the MR-2 (medium density multiple
residence) zoning district from Mike Oberg, Alex Blair, Tom Chellberg and Fred
McNiece, representatives for Minneapolis Meeting Rooms, Inc. (the "Applicant").
7. Subsection 546.03 of the Zoning Ordinance provides that the City Council, acting as
the Board of Adjustment and Appeals, shall hear and decide appeals where it is
alleged that there is an error in any decision made by the Community Development
Director in the interpretation of the Zoning Ordinance.
8. The Appeal came before the City Council for review and action at its March 9, 1998
meeting. Following a public hearing, the City Council voted to table the item until
the Planning Commission had reviewed the item.
9. The City Council received input from the Planning Commission that the Zoning
Ordinance does not currently allow religious institutions in the MR-2 zoning district
and should be amended if the they are to be allowed in the district. Upon receipt of
this information, the Council voted to deny the Appeal.
Resolution No. 8574
-2-
II. The City Council hereby makes the following conclusions:
CONCLUSIONS
1. The determination of the Community Development Director, that a religious
institution is not allowable in the MR-2 zoning district, is correct because religious
institutions are not listed as either permitted or conditional uses in the MR-2 district
nor are they similar to any of the uses listed.
III. Based upon the foregoing, the Council hereby makes the following decision:
DECISION
The appeal of the determination by the Community Development Director that a
religious institution is not an allowable use in the MR-2 district is hereby in all respects
DENIED.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
April, 1998.
?:7~ JW
Martin J. Kir , ayor
ATTEST:
~unwuj P ~Ut ~
Thomas P. Ferber, City Clerk