16-11284r RESOLUTION NO. 11284
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES
FOR AN ANIMAL KENNEL BUSINESS WITH AN ACCESSORY OUTDOOR RELIEF AREA
AT 6244 CEDAR AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit amendment and variances to allow an animal kennel
business with an accessory outdoor relief area at property commonly known as 6244 Cedar
Avenue and legally described in the attached Exhibit A; and
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 October
24, 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 October 11, 2016; and
WHEREAS, the requested conditional use permit meets the requirements necessary for
issuing a conditional use permit as specified in Richfield's Zoning Code, Subsection 547.09
and as detailed in City Council Staff Report No. 194; and
WHEREAS, the Zoning Code states that the outdoor animal relief area must be set
back a minimum of 25 feet from the street/ corner side property line, Subsection 534.11,
Subd. 1; and
WHEREAS, the Zoning Code states that off-street parking for day care uses shall be
provided at a ratio of 1 per 5 enrolled persons based on licensed capacity, Subsection 544.13,
Subd. 6; 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 Zoning Code Subsections 534.11, Subd. 1; and 544.13,
Subd. 6; and
WHEREAS, the City has fully considered the request for approval of the conditional use
permit;
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 (C-2).
b. The Zoning Code states that the outdoor animal relief area must be set back a
minimum of 25 feet from the street/ corner side property line. A variance from
Subsection 534.11, Subd. 1 is necessary.
c. The Zoning Code states that off-street parking for day care uses shall be provided at
a ratio of 1 per 5 enrolled persons based on licensed capacity. A variance from
Subsection 544.13, Subd. 6 is necessary.
2. With respect to the application for variances from the above-listed requirements, the
City Council makes the following findings:
a. Strict enforcement of Richfield Zoning Code Subsection 534.11, Subd. 1 would
cause a practical difficulty. The existing layout of the northern half of the property
limits the areas where an outdoor area can be located on the east or west sides of
the building. Locating the outdoor area to the north of the building would require the
removal of several parking spaces. Locating the outdoor area on the west side of the
building would be undesirable, due to proximity to Taft Park, leaving the east side of
the building as the only remaining option. Strict enforcement of Richfield Zoning
Code Subsection 544.13, Subd. 6 would cause a practical difficulty. The Zoning
Code does not specify a parking requirement for animal kennels. In the past, staff
has substituted the requirement for day care centers, which is "1 per 5 enrolled
persons based on licensed capacity." The requested maximum capacity of 200
dogs would require 40 parking stalls. After adding a required dumpster enclosure to
the property, the northern parking lot will have 36 stalls, leaving a deficit of 4 stalls.
It is reasonable to assume that parking demands for an animal kennel are lower than
that of a day care center.
b. The intent of the setback regulation is to protect neighbors from possible nuisance
created by the outdoor animal area. This property has no neighbors to its east and is
directly adjacent to Cedar Avenue (City) and Trunk Highway 77 (MNDOT) right-of-
way. With regards to parking, there are no adjacent properties along this portion of
Cedar Avenue. On-street parking is allowed on Cedar Avenue, in the event there is
a parking shortage.
c. Granting the requested variances will not alter the character of the neighborhood. No
adverse impacts are anticipated. With regards to the setback requirement, the
property has no neighbors to the east. With regards to parking, if overflow parking
does occur, the impacts would be limited to this property alone.
d. The variances requested are the minimum necessary to alleviate the practical
difficulties.
e. The proposed variances do not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan.
3. Based on the above findings, a variance is hereby approved to permit a 10-foot setback
on the east side of the Subject Property.
4. Based on the above findings, a variance is hereby approved to reduce the off-street
parking requirement to 36 stalls for a maximum capacity of 200 dogs.
5. A conditional use permit is issued to allow an accessory outdoor relief area to an animal
kennel business, as described in City Council Letter No. 194, on the Subject Property
legally described above.
6. This conditional use permit is subject to the following conditions in addition to those
specified in Section 547.09 of the City's Zoning Ordinance:
• 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 547.09, Subd. 8. A recorded copy of the
approved resolution must be submitted to the City prior to the issuance of an
occupancy permit.
• The parking lot must be re-striped in accordance with the approved plan,
including two accessible parking spaces and a loading area as close as
possible to the accessible entrance. Parking stalls must be available year-
round. No snow or other storage is permitted in required parking stalls.
• The outdoor animal area shall not include outdoor kennels. The outdoor area
must be screened with 8 foot tall cedar fence and kept in a good state of
repair.
• Existing trees and shrubs must be preserved as indicated on the approved
plans. Any trees or shrubs that die must be replaced.
• A dumpster enclosure must be constructed in compliance with Subsection
544.05.
• Separate sign permits are required.
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report dated September 23, 2016, and compliance with all other City and
State regulations.
• Prior to the issuance of an occupancy permit the applicant must submit a
surety equal to 125% of the value of any improvements and/or requirements
not yet complete. This surety shall be provided in the manner specified by
the Zoning Code.
7. The conditional use permit and variances shall expire one year after issuance 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.
8. 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 15th day of
November 2016.
1
i:4)-6-6K61 Debbie Goette , May
ATTEST:
Eli ethli an oose, City Clerk