16-11181r RESOLUTION NO, 11181
RESOLUTION GRANTING APPROVAL
OF A CONDITIONAL USE PERMIT
FOR THE EXPANSION OF A NONCONFORMING BUILDING
AT 6341 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of conditional use permit to expand a legally nonconforming accessory structure on
the parcel of land located at 6341 Penn Avenue (the "Property"), legally described as:
The north 65 feet of the south 165 feet of the west one-quarter of the
northwest one-quarter of the northwest one-quarter of Section 28,
Township 28, Range 24, Hennepin County, Minnesota, except roads.
WHEREAS, the requested conditional use permit meets the requirements necessary for
issuing a conditional use permit for the expansion of a nonconforming building in the Mixed
Use Districts as specified in Richfield City Code Subsection 537.13, Subd. 2 and as detailed in
City Council Staff Report No. 27; and
WHEREAS, the requested conditional use permit meets the requirements necessary for
all conditional use permits in the City as specified in Richfield City Code Subsection 547.09,
Subd. 6 and as detailed in City Council Staff Report No. 27; and
WHEREAS, the Planning Commission of the City of Richfield held a public hearing and
recommended approval of the requested conditional use permit at its January 25, 2016
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 on January 12, 2016; 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. A conditional use permit is issued to allow replacement and expansion of an
accessory structure, as described in City Council Letter No. 27, on the Subject
Property legally described above.
2. This conditional use permit is subject to the following conditions in addition to those
specified in Subsections 537.13, Subd. 2 and Subsection 547.09, Subd. 6 of the
City's Zoning Ordinance:
• All required parking must be accessible and clear of snow year-round;
• Any property changes including lighting, utilities, landscaping, etc. must be
approved by the City and comply with Code requirements;
• Landscaping in accordance with plans approved on December 11, 2012 and
is required;
• A Boulevard Feature Permit is required prior to the installation of any plant
materials in the public right-of-way;
• Sign permits must be applied for separately. This approval does not
constitute approval of any signs. Portable signs are prohibited;
• The applicant must comply with all requirements of the City's Administrative
Review Committee Report dated December 17, 2015;
• 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 547.08, Subd. 8.
• Prior to the issuance of an occupancy permit, the applicant shall submit a
copy of the recorded conditional use permit;
• 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.
3. This conditional use permit shall expire one year after it has been issued 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.
4. 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 9th day of February,
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabe h an oose, City Clerk