15-11095r RESOLUTION NO. 11095
RESOLUTION GRANTING APPROVAL
OF A CONDITIONAL USE PERMIT
AND VARIANCES FOR A
CLUSTER HOME DEVELOPMENT
AT
2517 — 76TH STREET WEST
WHEREAS, an application has been filed with the City of Richfield which requests
approval of conditional use permit for a cluster home development on the parcel of land
located at 2517 — 76th Street West (the "Property"), legally described in the attached Exhibit A;
and
WHEREAS, the proposed conditional use permit includes a building that covers 39.4
percent of the lot;
WHEREAS, the City Codes allows a maximum building coverage of 35 percent for
cluster home developments in the Single-Family District;
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 City Code Subsection 514.11, Subd. 2; 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 Single-Family Residential.
b. Cluster home developments are conditionally permitted in the Single-Family
Residential District.
c. The proposed site plan will fully comply with all but one Code requirement.
d. Code states that the maximum building coverage permitted is 35 percent of the
site. The proposed structure will cover 39.4 percent of the lot. A variance from
Subsection 514.11, Subd. 2 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 514.11, Subd. 2 would
cause a practical difficulty. The residential product that is proposed, single-level
living, is in high demand and is largely unavailable in the community. In order to
provide adequately-sized units, in a single-living format, that also meets the
City's density requirements, this development needs to cover more space than is
generally permitted. Considering that one of the City's goals is to provide a
variety of housing products, it is reasonable to consider an exception to make
that possible.
b. Unique circumstances affect the Property that were not created by the land
owner. Rules regulating cluster homes developments were development were
adopted in 1996; however, they have only been tested once. Such a small
sample size makes it difficult for City staff to gauge whether or not the rules are
reasonable and appropriate. These circumstances were not created by the
applicant. The proposed development does not overwhelm the site.
c. Granting the requested variances will not alter the essential character of the
neighborhood. The requested variance is relatively small and will not alter the
character of the neighborhood. .
d. The variances requested are the minimum necessary to alleviate the practical
difficulty. The proposed variance is the minimum necessary to allow construction
of the proposed single-level living units. A reduction of the square footage would
reduce the marketability/viability of the units.
e. The variance is in harmony with the general purpose and intent of the ordinance
and consistent with the comprehensive plan. The proposed variance will allow
construction of the type of housing envisioned for this site by both the zoning
ordinance and the comprehensive plan.
3. With respect to the proposed conditional use permit, the City Council makes the
following findings:
a. The proposed development is consistent with the Medium Density guiding of the
property in the comprehensive plan.
b. The proposed use of the site for a cluster home development is consistent with
the purposes of the Zoning Code and the Single-Family Residential District.
c. The proposed use will be in compliance with Code guidelines related to
performance standards.
d. Undue adverse impacts to government services or public safety, health and
welfare are not anticipated.
e. There is a public need for such a use at the proposed location. The City has
been working for a number of years to develop medium-density housing on this
site.
4. Based upon the above findings, a variance is hereby approved to permit a maximum
building coverage of 39.4 percent.
5. Based upon the above findings and variance, 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) The property must be platted and the plat recorded, prior to the issuance of a
certificate of occupancy unless otherwise agreed to by the Community Development
Director.
b) The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report dated
May 29, 2015, and compliance with all other City and State regulations. Permits are
required prior to commencement of any work;
c) 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;
d) Prior to the issuance of an occupancy permit, the applicant shall submit a surety
equal to 125% of the value of any 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 14th day of July
2015.
O, .40
ebbie Goettel, Mayor
ATTEST:
e
J. �r v�
Eliza eth Van nose, City Clerk
EXHIBIT A
That part of the East 3/4 of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4)
of Section Thirty-two (32), Township Twenty-eight (28), Range Twenty-four (24), described as
commencing at the northwest corner of said East 3/4 of the SE 1/4 of the SE 1/4; thence East
along the North line of said SE 1/4 of the SE 1/4 170 feet; thence South parallel with the West
line of said East 3/4 of SE 1/4 of the SE 1/4 258 feet; thence West parallel with the North line
of said SE 1/4 of the SE 1/4 170 feet to the West line of said East 3/4 of the SE 1/4 of the SE
1/4; thence North along,said West line of East 3/4 of the SE 1/4 of the SE 1/4 to the point of
beginning, according to the United States Government Survey thereof and situate in Hennepin
County, Minnesota.
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