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15-11069r RESOLUTION NO. 11069 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES FOR AN AUTO BODY REPAIR BUSINESS AT 6244 CEDAR AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit and variances to allow an auto body repair business at property commonly known as 6244 Cedar Avenue and legally described in the attached Exhibit A; and WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested conditional use permit and variances at its March 23, 2015 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 March 10, 2015; 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. 57; and WHEREAS, the Zoning Code states that a minimum 15-foot buffer is required to separate all aspects of an auto body repair shop from adjacent parcels, Subsection 534.07, Subd. 12(c); and WHEREAS, the Zoning Code states that the maximum height of a fence, wall or hedge in the front yard is four feet, Subsection 509.15, Subd. 3(a); 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 Subsections 534.07, Subd. 12(c); and 509.15, Subd. 3(a); 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 a minimum 15-foot buffer is required to separate all aspects of an auto body repair shop from adjacent parcels. The proposed buffer is 10 feet. A variance from Subsection 534.07, Subd. 12(c) is required. c. The Zoning Code states that the maximum height of a fence, wall or hedge in the front yard is four feet. The proposed fence is six feet and the proposed final height of screening hedges and or trees could be in excess of six feet once fully grown. A variance from Subsection 509.15, Subd. 3(a) is necessary. 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 Subsection 534.07, Subd. 12(c) would cause a practical difficulty. The existing 10-foot buffer is substantial and nearly 100 percent opaque year round. The adjacent parcel is home to a seldom-visited utility building. Requiring the property owner to remove a row of parking in order to add five additional feet at this boundary would serve no purpose and only hurt the property owner. Strict enforcement of Richfield Zoning Code Subsection 509.15, Subd. 3(a) would prohibit use of the site for an auto body repair shop and likely any new use that would want to utilize the interior vehicle space. Requiring the applicant to store vehicles on the north side of the building, away from the access doors, would be impractical and likely create an ongoing enforcement issue. b. Unique circumstances affect the Property that were not created by the applicant. The adjoining parcel is owned by a public utility company and the existing structure is not regularly accessed by either employees or the public. Additional buffering is unnecessary. In regard to the fence height, the existing building is situated such that the "front" faces Cedar Avenue and parking lots are located on either end of the building. This unusual layout is no fault of the applicant. c. Granting the requested variance will not alter the character of the neighborhood. The existing buffer is substantial and there are no employees or occupants of the adjacent parcel who would notice if an additional five-feet were to be added on the southern side of the existing landscaping. A six-foot fence and/or landscaping wall is required to meet screening requirements for the proposed use. The proposed screening is attractive and reasonable. No adverse impacts are anticipated. d. The variances requested are the minimum necessary to alleviate the practical difficulties. e. The proposed variances do 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 10-foot landscaped buffer on the north side of the Subject Property and a six-foot tall fence and/or hedges on the south side of the property in order to meet screening requirements. 4. A conditional use permit is issued to allow an auto body repair business, as described in City Council Letter No. 57, 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. • Damaged vehicles must be stored inside the building or inside the proposed fenced area only. No damaged vehicles are permitted in the north parking lot. • Fencing to screen damaged vehicles must completely screen the vehicles from all sides. • Landscaping plans must be approved by the Community Development and Public Works Departments prior to installation. Landscaping in the boulevard will require a Boulevard Feature Permit and trees will not be permitted within the 63rd Street right-of-way due to the location of a City water main. Trees must be minimum of 10-feet from existing watermain and sight triangles at driveway must be maintained. • Parking lot landscape screening is required. • Screening of monopole ground equipment in accordance with previously approved plans must be installed prior to occupancy. • The applicant shall be responsible for continued maintenance of landscaping in keeping with the approved plans. • Separate sign permits are required. • A utility plan must be submitted and approved by the Public Works Director prior to the issuance of a building permit. • All new utility service must be underground. • All new utilities, including roof-top equipment, must be screened in accordance with City Code requirements. A screening plan is required prior to installation. • Parking lot striping on Cedar Avenue must be removed and work approved by the Public Works Director prior to building permit approval. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated February 6, 2015, 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 these variances 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 April 2015. Iffj bebbie Goettel, 6yor ATTEST: Elizabeth Van oose, City Clerk EXHIBIT A LEGAL DESCRIPTION OF LAND Parcel 1: That part of Tract B lying East of a line parallel with and 118 feet East of the West line of said Tract B; Tract C; All in Registered Land Survey No. 930. (Torrens Property-Certificate of Title No. 1335982) Parcel 2: The north 24 feet of Lot 6,Block 3, Iverson's Third Addition. That part of the north 24 feet of Lot 7, Block 3, Iverson's Third Addition,lying east of a line parallel with and 118 feet east of the west line of Tract B, Registered Land Survey No. 930. That part of vacated 63rd St.,dedicated in the plat of Iverson's Third Addition, lying east of a line parallel with and 118 feet east of the west line of Tract B, Registered Land Survey No. 930. That part of Government Lot 1, Section 26, Township 28, Range 24, lying north of the north line of Iverson's Third Addition, west of the west line of Tract C, Registered Land Survey No. 930, south of the south line of Tract B, Registered Land Survey No. 930,and east of a line parallel with and 118 feet east of the west line of Tract B, Registered Land Survey No. 930. (Torrens Property, Certificate of Title No. 13439281) A-1