15-11122r RESOLUTION NO. 11122
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN
AND VARIANCES AT
7532 LYNDALE AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of site plans for a low-intensity office/private music studio on the parcel of land
located at 7532 Lyndale Avenue (the "Property"), legally described as:
LOT 11, BLOCK 25, IRWIN SHORES, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the proposed site plan is for a lot that is 40 feet wide and 5,440 square feet
in area; and
WHEREAS, the City Code requires a minimum lot width of 75 feet and a minimum area
of 9,000 square feet in the General Business (C-2) District; and
WHEREAS, the proposed site plan is 98 percent impervious; and
WHEREAS, the City Code allows a maximum of 85 percent impervious surface in the
General Business (C-2) District; and
WHEREAS, the proposed site plan allows for parking setbacks of 0 —2.5 feet; and
WHEREAS, the City Code requires a minimum setback of 5 feet in the General
Business (C-2) District; and
WHEREAS, the proposed site plan includes a vehicle access door that is located 15.5
feet from the rear property line; and
WHEREAS, the City Code requires a minimum setback of 20 feet for rear-facing vehicle
access doors; and
WHEREAS, the proposed site plan includes space for the parking of 7 vehicles; and
WHEREAS, the City Code requires a minimum 14 stalls for a 4,071 square foot office;
and
WHEREAS, the proposed site plan does not include a separated pedestrian connection
from the public sidewalk to the main entrance; and
WHEREAS, the City Code requires a separated pedestrian access; 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 variances from Richfield City Code Subsections 534.11, Subd.1; 534.11, Subd. 4;
544.13, Subd. 6; and 544.15, Subd. 3; and
WHEREAS, the City has fully considered the request for approval for the site plan; 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. Office use is permitted in the General Business District.
c. The site and building are existing, but have been vacant for over one year.
d. Reuse of this building on this site in any fashion will require variances.
e. Code states that the minimum lot width in the General Business District is 75
feet. The existing lot is 40 feet wide. A variance from Subsection 534.11, Subd.
1 is required.
f. Code states that the minimum lot area in the General Business District is 9,000
square feet. The existing lot is 5,440 square feet. A variance from Subsection
534.11, Subd. 1 is required.
g. Code states that the maximum allowable impervious surface in the General
Business District is 85 percent. The existing lot is 100 percent impervious. The
proposal is for a site that will be 98 percent impervious. A variance from
Subsection 534.11, Subd. 1 is required.
h. Code states that the minimum setback for a vehicle access door adjacent to a
rear lot line is 20 feet. The existing building is located 15.5 feet from the rear lot
line. A variance from Subsection 534.11, Subd. 4 is required.
Code states that the minimum required parking for a 4,071 square foot office is
14 spaces. The proposed site plan includes 7 parking stalls. A variance from
Subsection 534.11, Subd. 1 is required.
j. Code states that a separated pedestrian connection from the public right-of-way
to the building is required. The proposed site plan does not include a separated
pedestrian connection. A variance from Subsection 544.15, Subd. 3 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 the Richfield Zoning Code Subsections listed above would
cause a practical difficulty. The existing property cannot be used in any fashion
without a number of the requested variances; only site assembly could alleviate
all issues. The proposed use can be adequately accommodated in the manner
indicated on the proposed site plan.
b. Unique circumstances affect the Property that were not created by the land
owner.- The existing lot was created and building constructed prior to the
adoption of current Codes. The site was developed for another exceptionally
low-volume use (service and repair) with one employee. These circumstances
were created by the land owner.
c. Granting the requested variances will not alter the essential character of the
neighborhood. The requested variances will allow the reuse and improvement of
a building that has been vacant for a long period of time. The improvements
proposed will benefit the surrounding neighborhood.
d. The variances requested are the minimum necessary to alleviate the practical
difficulty. The proposed variances are the minimum necessary to reuse this
property.
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
reuse and improvement of a building on a significantly constrained site.
3. With respect to the proposed site plan, the City Council finds that it will adequately
serve the purpose for which it is proposed and will not have adverse effect upon the
public safety or general welfare.
4. Based upon the above findings, variances to the above-specified requirements are
hereby approved.
5. Based upon the above findings and variances, the proposed site plan is hereby
approved according to the terms of Richfield City Code Subsection 547.13 with the
following additional stipulations:
a) All parking stalls must be accessible year-round.
b) A final landscape plan including all material and plant selections must be submitted
for approval by Community Development.and Public Works staff.
c) The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report dated
September 10, 2015, and compliance with all other City and State regulations.
Permits are required prior to commencement of any work;
d) That the recipient of this approval record this Resolution with the County, pursuant to
Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance
Section 547.11, Subd. 7. Proof of recording is required prior to the issuance of a
building permit;
e) 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.
f) This approval shall expire one year from the date of approval unless the use has
commenced or a building permit has been obtained and construction begun.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of October
2015.
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C:J.X Q-- /,
kDebbie Goettel,
Mayor
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Elizabeth VanHoose, City Clerk