16-11219r RESOLUTION NO. 11219
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN AND VARIANCES AT
6320 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a site plan and variances for an office building on the parcel of land located at 6320
Penn Avenue (the "Property"), legally described as:
The East 330 feet of the South 132 feet of the North 396 feet of the South 1/2 of the
East 3/8 of the Northeast Quarter of the Northeast Quarter of Section 29, Township 28,
Range 24, 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 June 27,
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; 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 along the north and south property lines; and
WHEREAS, the existing building at 6320 Penn Avenue does not meet various building
setback requirements specified in the Mixed Use Community (MU-C) District; and
WHEREAS, impervious surfaces are proposed to cover 81.8 percent of the site,
exceeding the maximum coverage of 80 percent; 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. Office 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 were previously used as a bowling alley
from 1958 to 2015.
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 65 feet, 60 feet,
and 84 feet, respectively. Code states that the maximum impervious surface area
shall not exceed 80%. The proposed impervious surface area is 81.8%.
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 building was constructed in 1958, 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, particularly along Penn
Avenue. No negative impacts are expected.
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 variances are 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. Compact
stalls and accessible stalls must be identified by appropriate signage. The
accessible pedestrian route to the Penn Avenue sidewalk shall be cleared of snow
as to be usable year-round.
b) The building entrance facing Penn Avenue shall be covered by an awning, as shown
on the proposed plans. The applicant shall submit a revised drawing of the north
building elevation, to be approved by the Community Development Department. The
north façade of the building shall be finished with materials of consistent quality as
those of the front wall, in accordance with City Code Subsection 544.07, Subd. 6.
At a minimum, the façade shall include a small awning over the door and a second
paint color, to match the east façade and provide visual interest.
c) The applicant shall submit a final landscaping plan to be approved by the
Community Development Department, including further detail of the proposed
landscaping areas along the east and west property lines. Required plantings must
be maintained to meet the intent of the Penn Avenue Design Guidelines.
d) 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.
e) All trash must be stored inside the building.
f) The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report dated
June 2, 2016, and compliance with all other City and State regulations. Permits are
required prior to commencement of any work;
g) 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;
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 July 2016.
DpIgt,Debbie Goettel, Mayor
AT. T:
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ev: Devic , Acting •ity Clerk