16-11171r RESOLUTION NO. 11171
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN
AND VARIANCES AT
6722 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of site plans for an athletic studio on the parcel of land located at 6722 Penn Avenue
(the "Property"), legally described as:
Lots 5 and 6, Block 16, Tingdale Brothers Lincoln Hills Addition, 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 December
14, 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 Zoning Code requires a minimum parking lot setback of 5 feet from
adjacent commercial and mixed-use property, while the proposed site plan allows for parking
lot setbacks of 0 feet; and
WHEREAS, the existing building at 6722 Penn Avenue does not meet various setback
requirements specified in the Mixed Use Community (MU-C) District; and
WHEREAS, impervious surfaces cover 95.7% of the site; and
WHEREAS, the site does not meet general landscaping and screening requirements,
as described in Zoning Code Subsection 544.03; 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 Subsection 537.07, Subdivision 1; Subsection
544.03; and Subsection 544.13, Subd. 5; 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 Mixed Use Community (MU-C) and is located in the Penn
Avenue Corridor overlay.
b. Health club /athletic studio uses are permitted in the MU-C District. The Penn
Avenue Corridor District provides for a balanced mix of commercial, office and
residential uses that together create a cohesive and pedestrian-friendly area.
c. The site and building are existing, and have been used for office, service, or retail
uses since 1951.
d. Reuse of this building on this site in any fashion will require variances.
e. Code states that the minimum parking lot setback from-adjacent mixed-use property
is 5 feet. A variance from Subsection 544.13, Subd. 5 is required.
f. Code states that the maximum front, side, and rear setbacks for a principal building
shall not exceed 15 feet. The proposed setbacks are 22 feet, 50 feet, and 29 feet,
respectively. Code states that the maximum impervious surface area shall not
exceed 80%. The proposed impervious surface area is 95.7%. Variances from
Subsection 537.07, Subd. 1 are required.
g. Proposed landscaping and screening plans do not meet several requirements. A
variance from Subsection 544.03 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. It is reasonable to allow the reuse of an existing building on an
existing lot.
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 for the reuse and improvement of
a vacant building. The improvements proposed will benefit the surrounding
neighborhood by improving the aesthetics of the site and bring new customers to the
Penn Avenue Corridor.
d. The variances requested are the minimum necessary to alleviate the practical
difficulty. The proposed variances are the minimum necessary to reuse this
e. Tro ert
he variance is in harmony with the general purpose and intent of the ordinance and
consistent with the comprehensive plan. The proposed plans are consistent with the
general purposes and intents of the Zoning Ordinance and Comprehensive Plan.
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. The parking lot must be re-striped in accordance with the approved plan, including
one accessible parking space and loading area as close as possible to the
accessible entrance.
b. Required plantings in front of the building must be continuously maintained and
include live plant materials during the spring, summer and fall and seasonal decor
over the winter.
c. The entrance(s) to the building facing Penn Avenue must be covered; either by an
overhang or the installation of awnings.
d. All trash must be stored inside the building.
e. The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report dated
November 19, 2015, and compliance with all other City and State regulations.
Permits are required prior to commencement of any work;
f. 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;
g. 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.
h. 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 12th day of January
2016.
Debbie Goettel, Mayor
ATTEST:
Eliz eC6 eth VanHoose, City Clerk