05-09 Resolution No. 11361 RESOLUTION NO. 11361
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES
FORA RESTAURANT
AT 6601 NICOLLET 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 a Class II
(traditional/cafeteria) restaurant at property commonly known as 6601 Nicollet Avenue and
legally described as follows:
Lots 10, 11, and 12 except road, GOODSPEED'S FIRST PLAT, 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 April 24,
2017 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 April 13, 2017; 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. 74; and
WHEREAS, the Zoning Code states that new restaurant sites abutting or adjacent to
existing residential properties shall install professionally-designed odor control remedies,
Subsection 544.27, Subd. 1; and
WHEREAS, the Zoning Code states that off-street parking for shopping centers shall be
provided at a ratio of 3.5 spaces per 1,000 square feet of gross floor area and that restaurants
in shopping centers shall be calculated separately, at a ratio of 10 spaces per 1,000 square
feet of gross floor area, 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 544.27, 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 new restaurant sites abutting or adjacent to existing
residential properties shall install professionally-designed odor control remedies. A
variance from Subsection 544.27, Subd. 1 is necessary.
c. The Zoning Code states that off-street parking for shopping centers shall be
provided at a ratio of 3.5 spaces per 1,000 square feet of gross floor area and that
restaurants in shopping centers shall be calculated separately, at a ratio of 10
spaces per 1,000 square feet of gross floor area..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 544.27, Subd. 1 would
cause a practical difficulty by requiring costly odor control equipment at a site that
has been a similar restaurant use for several decades and discontinued only
recently. The Code establishes requirements for odor control equipment for
commercial kitchens that abut residential property and differentiates between new
and pre-existing restaurant sites. Because this space has been vacant for more than
one year, all prior approvals for a restaurant have expired, and the Code views this
as a "new" restaurant site rather than "pre-existing." New restaurant sites must install
odor control equipment, whereas pre-existing sites are required to provide plans for
a professionally-designed odor control remedy. The applicant is requesting a
variance to be considered a pre-existing site rather than a new restaurant site.
Strict enforcement of Richfield Zoning Code Subsection 544.13, Subd. 6 would
cause a practical difficulty. The site as it exists today is in compliance with minimum
parking requirements. However, in 2018 Hennepin County will construct a
roundabout at the intersection of 66th Street and Nicollet Avenue, requiring the
acquisition of right-of-way from this property. This loss of property and subsequent
reconfiguring of the parking lot will result in a loss of approximately 13 parking
spaces. Depending on the final configuration of the parking lot, this will leave the
property anywhere from one to six spaces short of the minimum number required.
b. The intent of the odor control regulation is to protect neighbors from possible
nuisance created by cooking odors. The restaurant use having been discontinued for
more than one year is a unique circumstance not created by the applicant. Had this
restaurant user come in three months sooner, they would have been considered a
pre-existing site and odor control would not be required. The pending loss of
parking spaces is a unique circumstance, not created by the applicant.
c. Granting the requested variances will not alter the character of the neighborhood.
The applicant will be required to comply with the odor control ordinance for pre-
existing restaurant sites abutting residential property. Subsequent complaints of odor
impacts may result in requiring that the planned odor control device be installed.
With regards to parking, adverse impacts are not anticipated. On-street parking is
allowed on 1st Avenue, in the event there is a parking shortage. However, given the
existing mix of tenants in the shopping center, staff does not anticipate that any
shortages will occur. Furthermore, the intersection of 66th Street and Nicollet
Avenue has the highest level of public transit service available in the City, providing
a viable alternative to driving 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 regulate this use as a
pre-existing restaurant site, as described in Subsection 544.27, Subivision 1, Part (c).
The applicant shall provide plans for a professionally-designed odor control remedy and
a statement by a structural engineer that the building design could accommodate the
planned odor control and associated screening in the future. Subsequent complaints of
odor impacts may result in the requirement that the planned odor control device be
installed.
4. Based on the above findings, a variance is hereby approved to reduce the off-street
parking requirement for the Subject Property to not less than 100 stalls.
5. A conditional use permit is issued to allow a Class II (traditional/cafeteria) restaurant, as
described in City Council Letter No. 74, 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.
• A revised, complete site plan meeting all City requirements is required to be
submitted for approval by City staff within one year of this approval. The
parking lot must be re-striped in accordance with said plan, including a
pedestrian connection substantially in compliance with Subsection 544.15.
Bicycle parking for a minimum of 6 bikes (3 hoops/posts) is required near the
main entrance.
• The existing dumpster enclosure for the restaurant must be repaired to
comply with Subsection 544.05 and screening must be provided for the non-
compliant dumpsters on the south side of the building. All rooftop or ground
mechanical equipment must be screened, per 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 April 3, 2017, 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 9th day of May 2017.
Pat Elliott, Mayor
ATTEST:
C
Or Yar.
Elizabe VanHoose, City Clerk