15-11144r RESOLUTION NO. 11144
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN
AND VARIANCES AT
6232 LYNDALE AVENUE
WHEREAS, an application has been filed with the City of Richfield which
requests approval of site plans for an office/service building as described in Council
Staff Report No. 196 on the parcel of land located at 6232 Lyndale Avenue (the
"Property"), legally described as:
THE NORTH 1/2 OF LOT 3, BLOCK 1, FALLDEN'S ADDITION, HENNEPIN
COUNTY, MINNESOTA
WHEREAS, the proposed site plan is for a lot that is approximately 37.5 feet
wide and 4,687.5 square feet in area; and
WHEREAS, the proposed site plan allows for parking lot setbacks of 0 — 1.5 feet;
and
WHEREAS, the City Code requires a minimum parking lot setback of 15 feet
from Residential property and 3 feet from right-of-way; and
WHEREAS, the proposed site plan includes space for the parking of 4 vehicles;
and
WHEREAS, the City Code requires a minimum 6 stalls for a 1,760 square foot
office; 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, Subdivisions 1;
534.11, Subd. 6; and 544.13, Subd. 6; and
WHEREAS, the City has fully considered the request for approval for the site
plan with variances; 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 and service uses are permitted in the General Business District.
c. The site and building are existing, and have been used for automobile
repair and painting since 1964.
d. The site is the second smallest commercially zoned property in the City.
e. Reuse of this building on this site in any fashion will require variances.
f. Code states that the minimum parking lot setback from adjacent single-
family residential property is 15 feet. A variance from Subsection 534.11,
Subd. 1 is required.
g. Code states that the minimum parking lot setback adjacent to right-of-way
can be reduced to three feet in cases where modifications are being made
to an existing lot. A variance from Subsection 534.11, Subd. 6 is required.
h. Code states that the minimum required parking for a 1,760 square foot
office is 6 spaces. The proposed site plan includes 4 parking stalls. A
variance from Subsection 544.13, Subd. 6 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 variances; only site assembly could alleviate all
issues. The proposal can be adequately accommodated with the
proposed conditions to limit the intensity of the permitted businesses.
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. These circumstances were not 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 challenging site and building. The improvements
proposed will benefit the surrounding neighborhood by improving the
parking and pedestrian conditions as well as the aesthetics of the site.
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) A survey and revised site plan are required prior to the issuance of any
permits.
b) Parking must be striped in accordance with the approved plan and all parking
stalls must be accessible year-round.
c) A cross access agreement with the property located at 6234 Lyndale Avenue
is required and must be recorded prior to occupancy. Proof of recording must
be provided to the City.
d) Uses are limited to low-intensity service and office uses such as insurance,
chiropractic care, acupuncture or similar uses approved by the Community
Development Director.
e) If and when additional off-site parking becomes available, the Community
Development Director or designee is authorized to consider an administrative
amendment to this approval which would allow additional uses with greater
demand for parking. Off-site parking areas must meet minimum City design
standards in order to be considered and counted toward parking
requirements.
f) Building permits shall not be issued until stormwater plans have been
submitted to and approved by the Public Works Department.
g) Required planters in front of the building must be continuously maintained
and include live plant materials during the spring, summer can fall and decor
during the winter months.
h) All trash must be stored inside the building.
i) The applicant is responsible for any necessary environmental remediation on
the site in order to protect adjacent and neighboring properties from negative
environmental impacts. Any plans for necessary environmental remediation
must be approved by the Community Development Director (or designee)
and/or any State of Minnesota or other appropriate government agency
having jurisdiction.
j) The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report dated November 5, 2015, and compliance with all other City and State
regulations. Permits are required prior to commencement of any work;
k) 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;
I) 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.
m) 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 8th day of
December 2015.
Debbie Goettel, Mayor
ATTEST:
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Elizabeth anHoose, City Clerk