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16-11232r RESOLUTION 11232 APPROVING AN INTERIM USE PERMIT TO ALLOW SOCIAL, MEETING, AND OFFICE SPACE FOR USE BY MINNESOTA LIFE COLLEGE AT 2000 WEST 76TH STREET WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to guide the development of the community; and WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist in implementing the Comprehensive Plan; and WHEREAS, an application has been filed with the City of Richfield, which requests an interim use permit to allow Minnesota Life College (the "Applicant") to develop space for social, meeting, and office uses at property legally described as follows: The South 183.1 feet of the following described tract: That part of the South 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 33, Township 28, North, Range 24, West of the 4th principal meridian described as follows: Beginning at a point on the South line thereof distant 983.1 feet East of West line thereof; thence North parallel with the West line thereof 328.1 feet to a point; thence West on line parallel with the South line thereof 131 feet to a point; thence South line on line parallel with the West line thereof 328.1 feet to a point; thence East on a straight line 131 feet to the place of beginning, Hennepin County, Minnesota. WHEREAS, the Property is zoned Single Family Residential (R); and WHEREAS, office and meeting space uses are not permitted as a principal use of property in this zoning district; and WHEREAS, the City Council finds that the temporary nature of the proposed interim use eliminates the adverse effects the prohibition was intended to prevent; and WHEREAS, the Planning Commission held a public hearing on August 22, 2016 to review the application for an interim use permit, following mailed and published notice as required by law; and WHEREAS, the City Council has reviewed all materials submitted by the Applicant; considered the oral and written testimony offered by the applicant and all interested parties; and has now concluded that the application is in compliance with all applicable standards and can be considered for approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The proposed interim use permit request meets all applicable conditions and restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance except as follows: The proposed interim use is not a permitted primary use in the Single Family Residential (R) Zoning District. In accordance with Subsection 547.15 Subd. 3e the City Council finds that the temporary nature of the interim use eliminates the detriment that a non-residential primary use will have to a residential area. The property is located on a corner lot, and is adjacent to other single family residential properties to the north, west, and east, and to the Best Buy headquarters building to the south. Woodlake Lutheran Church, Richfield Middle School, and numerous multi-family properties are also located nearby. Minnesota Life College has operated out of the Colony Apartments located one block to the east for 20 years. 2. An interim use permit for social, meeting, and office space by Minnesota Life College at the property legally described above, as described in City Council Staff Report No. 128 is approved with the following conditions: a. The interim use permit will expire one (1) year from the date a certificate of occupancy is issued (tentatively June 1, 2017), or upon violation of the conditions under which the permit was issued, whichever occurs first. b. The Community Development Director may issue an administrative extension of this permit for up to four additional years if there are no major issues or serious complaints in the first year of operation. The interim use permit shall be reviewed periodically by the City to ensure compliance with the conditions set forth in this resolution. c. The annual monitoring fee, as dictated by City Code, will apply to this extension. d. If building permits have not been issued and substantial work has not been performed, the permit shall expire one year from the date of approval below. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of September 2016. Michael Howard, Mayor Pro Tempore ATTEST: Eli b n oose, City Clerk