04-11 Resolution No. 11354 RESOLUTION NO. 11354
RESOLUTION APPROVING AN
INTERIM USE PERMIT
TO ALLOW USED AUTO SALES
BY INTERSTATE AUTO GROUP DBA CARHOP
AT 6529 PENN AVENUE
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 Interstate Auto Group dba CarHop (the "Applicant") to conduct used
automobile sales at 6529 Penn Avenue; and
WHEREAS, the Property is zoned Mixed Use — Community (MU-C) and within the Penn
Avenue Corridor Overlay District (PAC); and
WHEREAS, the requested interim use of the property is not permitted in the MU-C
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. Compliance with
performance and landscaping standards, Penn Avenue Design Guidelines, and termination of
the permit in six months eliminates the detriment that a used auto sales business will have on
the creation of a pedestrian-friendly corridor; and
WHEREAS, the Planning Commission held a public hearing on March 27, 2017 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:
a. The proposed interim use is not a permitted use within the Penn Avenue Corridor
Overlay 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 used auto sales business will have on the pedestrian-friendly
vision of the Corridor given that pedestrian upgrades have yet to occur elsewhere
in the area.
b. In accordance with Subsection 547.15, Subd. 3e the City Council finds that the
purpose of the interim use permit in this instance is to allow productive use of a
property that is not yet ready for redevelopment given current market conditions.
The temporary nature of the interim use will ensure that the nonconforming use
not be allowed to continue so long as to become a detriment to the
implementation of the Comprehensive Plan.
2. An interim use permit for used auto sales by Interstate Auto Group dba CarHop at 6529
Penn Avenue, as described in City Council Staff Report No. 68 is approved with the
following conditions:
a. The interim use permit will expire six (6) months from its effective date (June 8,
2017), or upon termination or sale of the current business (CarHop), or upon the
sale of the subject property by the current owner (Penn Avenue Partners II), or
30 days following City Council approval of a site plan for a different use of the
property, or upon violation of the conditions under which the permit was issued,
whichever occurs first.
b. That the Community Development Director shall hold discretion to grant a
maximum of two (2) three-month extensions of the Interim Use Permit, to expire
no later than June 8, 2018.
c. That the parking lot be kept in a good state of repair, performing sealcoating
and/or patch repair as necessary and regularly clearing the lot of any debris.
d. That a 22-foot minimum drive aisle be maintained in the parking area, a
maximum of 32 vehicles be on site including inventory, customer and employee
parking, and that no vehicles be parked or stored on grass buffer areas.
e. That landscaping be installed and maintained in accordance with the previously
approved plan, dated April 2010, and that seasonal decor be installed in winter.
f. That all trash containers be kept inside the building and not stored in the parking
lot.
g. The interim use permit shall be reviewed periodically by the City to ensure
compliance with the conditions set forth in this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of April
2017.
Pat Elliott, Mayor
ATTEST:
q.oct
Elizabeth VanHoose, City Clerk