15-11138r RESOLUTION NO. 11138
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT
AND VARIANCES
FOR AN AUTO REPAIR BUSINESS
AT 6600 PORTLAND 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 repair business at the
parcel of land located at 6600 Portland Avenue (the "Property"), legally described as:
LOTS 1, 2 AND 3, INCLUDING THE EAST 1/2 OF THE VACATED ALLEY ADJACENT
THERETO, BLOCK 1, MCCUTCHAN'S PORTLAND AVENUE PARK, HENNEPIN COUNTY,
MINNESOTA
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 October
26, 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; 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.177; and
WHEREAS, the Zoning Code states that if an auto repair shop abuts a residentially
zoned lot, a buffer yard of not less than 25 feet in width and 75 percent all-season opacity from
the ground to a height of six (6) feet shall be provided to separate all aspects of such use from
abutting residential parcels. The Council may reduce this requirement to not less than 15 feet if
significant additional landscaping and fencing, with 100 percent all-season opacity, is provided
to screen the auto mechanical or body repair shop use, Subsection 534.07, Subd. 12(b); and
WHEREAS, the Zoning Code states that a minimum 15-foot buffer is required to
separate all aspects of an auto repair shop from adjacent parcels, Subsection 534.07, Subd.
12(c); and
WHEREAS, the Zoning Code states that in no case shall the front setback of a principal
building exceed 60 feet in the General Business (C-2) District, Subsection 534.11, Subd. 2(c);
and
WHEREAS, the Zoning Code states that a physically separated pedestrian access from
all public sidewalks is required, Subsection 544.15; 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(b) & (c);
534.11, Subd. 1 & 2(c); and 544.15; 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 if the use site abuts a residentially zoned lot, a buffer
yard of not less than 25 feet in width and 75 percent all-season opacity from the
ground to a height of six (6) feet shall be provided to separate all aspects of such
use from abutting residential parcels. The Council may reduce this requirement to
not less than 15 feet if significant additional landscaping and fencing, with 100
percent all-season opacity, is provided to screen the auto mechanical or body repair
shop use. The proposed buffer is 7 feet. A variance from Subsection 534.07, Subd.
12(b) is required.
c. The Zoning Code states that a minimum 15-foot buffer is required to separate all
aspects of an auto repair shop from adjacent parcels. The proposed buffer is 7 feet.
A variance from Subsection 534.07, Subd. 12(c) is required.
d. The Zoning Code states that a parking shall be set back a minimum of 15 feet from
residential property. The proposed setback is 7 feet. A variance from Subsection
534.11, Subd. 1 is required.
e. The Zoning Code states that the maximum front setback for a principal building on a
lot located along an arterial road is 40 feet or the average setback of the existing
principal building(s) abutting such lot, whichever is greater. In no case shall the front
setback for a principal building exceed 60 feet. The proposed setback is 67 feet. A
variance from Subsection 534.11, Subd. 2(c) is required.
f. The Zoning Code states that Pedestrian access points shall be provided at all
pedestrian arrival points to the development including the property edges, adjacent
lots, abutting street intersections, crosswalks, and at transit stops. No pedestrian
connection is proposed from the Portland Avenue sidewalk. The pedestrian
connection from the 66th Street sidewalk is proposed to be striped with paint only,
and not physically separated from vehicle traffic. A variance from Subsection 544.15
is required.
2. With respect to the application for variances from Richfield Zoning Code Subsection
534.07, Subd. 12(b) and (c); and Subsection 534.11, Subd. 1, the City Council makes
the following findings:
a. Strict enforcement would cause a practical difficulty by removing the ability to park
and maneuver vehicles behind the building. The placement of the existing building
and preferred location for vehicle storage necessitates reducing the required buffer
yard.
b. The placement of the existing building was not created by the applicant.
c. Granting the requested variance will not alter the character of the neighborhood. The
applicant proposes to add 7 feet of buffer yard that is not present today. While not
ideal, this represents an improvement over the present condition by adding buffer
space and additional landscaping. 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. With respect to the application for a variance from Subsection 534.11, Subd. 2(c), the
City Council makes the following findings:
a. It is reasonable to reuse the existing building. Strict enforcement would create a
practical difficulty.
b. This property was constructed prior to codes dictating maximum building setback.
The applicant did not create this situation.
c. The variance requested is not expected to have any impact on the character of the
neighborhood.
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.
4. With respect to the application for a variance from Subsection 544.15, the City Council
makes the following findings:
a. Given the locations of the crosswalk, raised planter bed, and curb cuts in relation to
one another, requiring a striped pedestrian connection from the Portland Avenue
sidewalk would be a practical difficulty.
b. When the intersection was reconstructed as a roundabout, design decisions were
made to construct a raised concrete planter bed and barrier, preventing direct site
access in line with the crosswalk. This situation was not created by the applicant.
c. The variances requested are not expected to have any impact on the character of
the neighborhood.
d. The variances requested are the minimum necessary to alleviate the practical
difficulties.
e. The variances requested do not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan.
5. Based on the above findings, a variance is hereby approved to permit a 7-foot fenced /
landscaped buffer and parking setback on the south side of the Subject Property.
6. Based on the above findings, a variance is hereby approved to permit a 67-foot front
building setback.
7. Based on the above findings, a variance is hereby approved to permit a striped
pedestrian connection from the 66th Street sidewalk only.
8. A conditional use permit is issued to allow an auto repair business, as described in City
Council Staff Report No. 177, on the Subject Property legally described above.
9. 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.
• Fencing to screen damaged vehicles must completely screen the vehicles
from all sides, aside from the drive aisle opening. Damaged vehicles must be
stored inside the proposed fenced area only.
• Landscaping plans must be approved by the Community Development and
Public Works Departments prior to installation. Plans must show complete
fence locations and details, and a trash enclosure that complies with
Subsection 544.05. Along the northern and eastern property lines adjacent to
the roundabout (between curb cuts), staff recommends standard parking lot
screening and a prohibition against the storage of damaged vehicles in this
area. Sight triangles at driveways must be maintained. Any landscaping in the
boulevard will require a Boulevard Feature Permit. The applicant shall be
responsible for continued maintenance of landscaping in keeping with the
approved plans.
• All areas of the site not occupied by buffer yards or required landscaping shall
be paved with asphalt or concrete as necessary. The parking lot perimeter
shall have concrete curb and gutter installed around the buffer yards.
• A grading and utility plan must be submitted and approved by the Public
Works Director prior to the issuance of a building permit.
• Any 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.
• Separate sign permits are required. All signs must be set back
• 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;
• Prior to the issuance of an occupancy permit, the applicant must submit a
surety equal to 125% of the value of any improvements and/or requirements
not yet complete, unless reduced by the Community Development Director.
This surety shall be provided in the manner specified by the Zoning Code.
10. 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.
11. 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 10th day of
November 2015.
D && �
4,4 Debbie Goettel, Mayor
ATTEST:
IIIA ) IA
Elizabew VanHoose, City Clerk