07-11 Resolution No. 11377 RESOLUTION NO. 11377
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES
FOR A RESTAURANT
AT 817 66TH STREET E
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 817 66th Street E and legally described
as follows:
Lots 3, 4, and the East 1/2 of Lot 2 and the East 10 feet of the North 10 feet of the West
1/2 of Lot 2, Block 3, Terrace Gardens, 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 26,
2017 meeting; and
WHEREAS, notice of the public hearing was published in the Sun Current on June 15,
2017 and mailed to properties within 350 feet of the subject property on June 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. 106; and
WHEREAS, the Zoning Code states that "where a district boundary line divides a lot of
record placing it into two (2) separate zoning districts, the provisions of this Code which pertain
to either zoning district may be applied to the entire lot or for a distance of 30 feet from such
district boundary line, whichever is less", Subsection 512.01, Subd. 3
WHEREAS, the Zoning Code states that off-street parking for Class II (traditional /
cafeteria) restaurants shall be provided at a ratio of 10 spaces per 1,000 square feet of gross
floor area and for retail at a ratio of 5 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, 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 north 125 feet of the Property is zoned General Business (C-2); the south 75
feet of the property is zoned Multi-family Residential (MR-2). The Zoning Code
states that "where a district boundary line divides a lot of record placing it into two
separate zoning districts, the provisions of this Code which pertain to either zoning
district may be applied to the entire lot or for a distance of 30 feet from such district
boundary line, whichever is less. A variance from Subsection 512.01, Subd. 3 is
required to extend the C-2 Zoning District over the entire lot, or 75 feet.
b. The Zoning Code states that off-street parking for Class II (traditional /cafeteria)
restaurants shall be provided at a ratio of 10 spaces per 1,000 square feet of gross
floor area and for retail at a ratio of 5 spaces per 1,000 square feet. A variance from
Subsection 544.13, Subd. 6 is necessary to reduce this requirement.
2. With respect to the application for a variance from Subsection 512.01, Subd. 3, the City
Council makes the following findings:
a. Strict enforcement of this requirement would cause a practical difficulty. The south
75 feet of the property was previously a separate lot, zoned MR-2. To ensure that
the south lot (containing half of the parking spaces for the building) could not be sold
separately from the building, the applicant was required to combine the two parcels.
This combination, in turn, created the current `split zoning' situation.
b. Unique circumstances apply in that prior to the 2008 Comprehensive Plan, the south
75 feet of the property was also zoned C-2. The Plan recommended Medium
Density Residential as a buffer between commercial property and the single-family
residential properties to the south, resulting in rezoning the property to MR-2.
However, this rezoning was done without specifically reviewing the existing use of
the property as a parking lot related to the commercial property at 817 E 66th Street.
c. Granting the requested variance will not alter the character of the neighborhood or
locality. No changes are proposed to this portion of the property.
d. The variance requested is the minimum necessary to alleviate the practical difficulty.
e. The proposed variance does not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan. The south 75 feet of the property is designated as "Medium
Density Residential." This designation will be reevaluated as part of the next
Comprehensive Plan update, which is currently underway.
3. With respect to the application for a variance from Subsection 544.13, Subd. 6, the City
Council makes the following findings:
a. Parking requirements are based on square footage. Local Roots plans to occupy
3,185 square feet of the building, while the remaining 515 square feet would be sub-
leased to an unidentified retail/office/service user. The parking requirement for Class
II (traditional / cafeteria) restaurants is 10 spaces per 1,000 square feet of gross floor
area and the requirement for retail is 5 spaces per 1,000 square feet. After factoring
in a 10 percent reduction for proximity to public transit service, the total parking
requirement is 31 spaces. 24 spaces are available on the property.
b. Unique circumstances apply in that much of the restaurant area is programmed for
uses other than dining area seating, including space for an art gallery, office and
storage space, and a large children's play area. The restaurant is planned to
accommodate just 20 seats. Based on these factors, a shortage is not anticipated.
Should the parking demand increase in the future, there is space in the rear parking
lot where an existing landscaping area could be converted into up to 7 additional
spaces.
c. Granting the requested variance will not alter the character of the neighborhood or
locality. Given the proposed usage of the building and quantity of seating provided, a
shortage is not anticipated.
d. The variance requested is the minimum necessary to alleviate the practical difficulty.
e. The proposed variance does not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan.
4. Based on the above findings, a variance is hereby approved to extend the C-2 Zoning
District over the entire lot.
5. Based on the above findings, a variance is hereby approved to reduce the off-street
parking requirement for the Subject Property to 24 stalls.
6. A conditional use permit is issued to allow a Class II Restaurant, as described in City
Council Staff Report No. 106, on the Subject Property legally described above.
7. 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 cross access agreement with the property located at 811 E 66th Street is required
and must be recorded prior to occupancy. Proof of recording must be provided to the
City. Agreement must note the shared vehicular access and dumpster enclosure.
• All trash must be stored indoors or in the dumpster enclosure on the property at 811
E 66th Street. Should the subject property come under separate ownership from the
property at 811 E 66th Street, a dedicated dumpster enclosure or interior trash room
shall be constructed in compliance with Zoning Code Section 544.05.
• All rooftop or ground mechanical equipment must be screened, per Zoning Code
Section 544.05.
• All areas currently covered with landscaping fabric must be landscaped with trees,
shrubs, and groundcover. Landscape rock by itself does not constitute groundcover.
• The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report dated
June 5, 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.
8. 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.
9. 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 11th day of July
2017.
Pat Elliott, Mayor
ATTEST:
Kari Sinni iepu,-i 'Clerk