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15-11049r RESOLUTION NO. 11049 RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND VARIANCES AT 6500 LYNDALE AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of conditional use permit for a Class III Restaurant with Drive-up Service on the parcel of land located at 6500 Lyndale Avenue (the "Property"), legally described in the attached Exhibit A; and WHEREAS, the proposed conditional use permit includes a building with a front setback of 32.9 feet and equipment related to drive-up service that is 47.9 feet from residentially zoned property; WHEREAS, the City Codes require either a minimum building setback of 40 feet or a pedestrian entrance along the adjacent wall in order to reduce a front building setback; 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 variances from Richfield Zoning Code Subsections 534.07, Subd. 5(b) and 534.11, Subd. 2(b); 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 General Business. b. The existing building is legally nonconforming and could be replaced as it is. c. The proposed site plan will improve or fully comply with the following requirements which are currently unmet: internal circulation, drive aisle dimensions, landscaping, impervious surface, screening of utilitarian items, parking screening, architectural standards, pedestrian access and bicycle parking. d. Code states that all aspects of a drive-up service window must be located a minimum of 150 feet from residential property. The proposed drive-up ordering station is located 47.9 feet from residential property. A variance from Subsection 534.07, Subd. 5(b) is required. e. Code states that front building setbacks may be reduced from 35 feet to 5 feet when a customer entrance is provided along the adjacent wall. The proposed building is set back 32.9 feet from the property line and no customer entrance is provided along this front wall. A variance from Subsection 534.11, Subd. 2(b) 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 Subsections 534.07, Subd. 5(b) and 534.11, Subd. 2(b) 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 in most cases improve overall compliance with current Code requirements. Alternatively, the applicant could replace the existing building under State nonconformity laws. b. Unique circumstances affect the Property that were not created by the land owner. The size, shape and topography of the site make it impossible for the applicant to meet all Code requirements simultaneously. These circumstances were not created by the applicant. c. Granting the requested variances will not alter the essential character of the neighborhood. The requested variances will allow the applicant to significantly improve the site and are likely to go entirely unnoticed by neighbors and customers. The front setback reduction is a matter of three feet and the drive-up ordering station will remain over 200 feet from the residential portion of the adjacent building. d. The variances requested are the minimum necessary to alleviate the practical difficulty. The proposed variances will allow for the redevelopment of a constrained site. 3. With respect to the proposed conditional use permit, the City Council makes the following findings: a. The proposed site plan is consistent with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area. b. The proposed use of the site for Class Ill Restaurant with Drive-up Service is consistent with the purposes of the Code, which allows for a wide variety of retail and service businesses. c. The proposed use will be in compliance with Code guidelines related to performance standards (excepting the above-requested variances). d. Undue adverse impacts to government services are not anticipated. e. The proposed use and variances serve to avoid potential adverse impacts. 4. Based upon the above findings, variances are hereby approved to permit a 32.9-foot front building setback and a 47.9-foot setback from the drive-up ordering station to the adjacent residential property. 5. Based upon the above findings and variances, the proposed conditional use permit is hereby approved according to the terms of Richfield City Code Subsection 547.09, Subdivision 6, with the following additional stipulations: a) That the applicant provide an as-built survey including all easements prior to the issuance of a certificate of occupancy ; b) That the applicant submit revised plans wherein all utilitarian items, including the freezer/cooler are designed into the interior space of the building; c) Final parking stall and aisle dimensions must be approved by the Community Development and Engineering Departments; d) Final landscape plans must be approved by the Community Development Department; e) Final site lighting plans must be approved by the Community Development Department; f) Pedestrian lighting in keeping with Public Works standards along Lyndale Avenue must be installed; g) The applicant must continue to explore options for a pedestrian connection to the adjacent parcel to the south; h) That all parking stalls (33) must be maintained and free of snow year round; i) That approval of this conditional use permit does not include approval of any signs. Sign permits must be applied for separately; j) The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated 12/23/14, and compliance with all other City and State regulations. Permits are required prior to commencement of any work; k) That the applicant record the 10' x 10' easement for sidewalk, utility and drainage behind the property line along 65th Street as required by initial 1978 approvals; I) A maintenance agreement related to sidewalks, landscaping and pedestrian lighting must be executed prior to issuance of a certificate of occupancy. m) 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 546.05, Subd. 7. Proof of recording is required prior to the issuance of a building permit; n) Prior to the issuance of an occupancy permit, the applicant shall submit a surety equal to 125% of the value of any landscaping improvements (based on two bids including labor cost) not yet complete. 6. 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 February 2015. , Edwina Garcia, ■ . or Pro Tempore ATTEST: Elizabeth VanHoose, City Clerk EXHIBIT A Parcel 1: Tract A, Registered Land Survey No. 1318, Hennepin County, Minnesota. (torrens property, certificate of title no. 1218940) Parcel 2: That part of Tract B, Registered Land Survey No. 1318, Hennepin County, Minnesota, lying Easterly and Northerly of the following described line: Beginning at the Southwest corner of Tract A, Registered Land Survey No. 1318; thence Southerly along the Southerly extension of the Westerly line of Tract A, a distance of 8.82 feet; thence Easterly deflecting left 82 degrees 13 minutes 28 seconds to the Easterly line of said Tract B and there terminating. (torrens property, certificate of title no. 1218940)