08-08 Resolution No. 11376 RESOLUTION NO. 11376
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE
FOR A RESTAURANT
AT 6436 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit amendment and variance to allow a Class III (fast food /
convenience) restaurant at property commonly known as 6436 Penn Avenue and legally
described as follows:
That part of the north 115.9 feet of the south 270.9 feet of the east 167 feet of Lot 1,
RICHFIELD GARDENS which,lies south of the north 354.5 feet of said Lot 1, 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 variance 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. 118; and
WHEREAS, the Zoning Code states that off-street parking for Class III (fast food /
convenience) restaurants shall be provided at a ratio of 17 spaces per 1,000 square feet of
gross floor area and for wholesale businesses at a ratio of 1 space per 800 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 Property is zoned Mixed Use Community (MU-C).
b. The Zoning Code states that off-street parking for Class III (fast food / convenience)
restaurants shall be provided at a ratio of 17 spaces per 1,000 square feet of gross
floor area and for wholesale businesses at a ratio of 1 space per 800 square feet of
gross floor area. 17 spaces are available on site. A variance from Subsection
544.13, Subd. 6 is necessary.
2. With respect to the application for a variance from the above-listed requirements, the
City Council makes the following findings:
a. Parking requirements are based on square footage. Subway plans to occupy 1,500
square feet of the building, while the remaining 8,000 square feet would be occupied
by the building's owner, Dynamic Products Midwest (DPM). The parking requirement
for Class III (fast food /convenience) restaurants is 17 spaces per 1,000 square feet
of gross floor area and the requirement for wholesale businesses is 1 space per 800
square feet of gross floor area. After factoring in a 10 percent reduction for proximity
to public transit service, the total parking requirement is 33 spaces (23 for Subway
and 10 for DPM.) 17 spaces are available on the property and no space exists to
create additional parking.
b. Unique circumstances apply in that DPM has only 12 total employees, several of
whom work off site entirely or are dispatched in the field most of the day. Much of
the building is used as storage for their equipment and products. While the area
behind the building cannot officially be counted as parking spaces due to non-
compliant access aisle and stall dimensions, DPM allows up to 5 employees to park
in that area, reducing pressure on the available spaces in the parking lot.
Furthermore, the City's parking requirements for fast food restaurants are much
higher than Subway's own requirement of 12 spaces for a 1,500 square foot
restaurant (1 space per 125 square feet.)
c. Granting the requested variance will not alter the character of the neighborhood or
locality. Given the existing usage of the building, staff does not anticipate that
shortages will occur. This location is in close proximity to a concentration of
apartments and businesses. It is reasonable to assume that some percentage of
customers and employees will choose to walk rather than drive.
d. The variance requested is the minimum necessary to alleviate the practical difficulty.
Space is not available to create additional parking.
e. The proposed variance does 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 reduce the off-street
parking requirement for the Subject Property to 17 spaces.
4. A conditional use permit is issued to allow a Class Ill (fast food/convenience) restaurant,
as described in City Council Staff Report No. 118, on the Subject Property legally
described above.
5. 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 mu_st be submitted to the City prior to the issuance of an occupancy
permit.
• The proposed interior trash room must meet all Building/Health Codes.
• The parking lot must be patched/resurfaced and restriped, including a striped
connection from the sidewalk to the accessible loading/aisle space prior to the
issuance of an occupancy permit.
• Awning(s) shall be installed across the entire building façade. Sign permits are
required for any signs greater than 6 square feet in area, including awning signage.
• Bicycle parking must be provided, in accordance with Zoning Code Section 544.17.
• The remaining space in the building may not be used by another restaurant.
• All rooftop or ground mechanical equipment must be screened, per Zoning Code
Section 544.05.
• 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.
6. The conditional use permit and variance 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.
7. 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 8th day of August
2017.
Pat Elliott, Mayor
ATTEST:
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Elizabeth VanHoose, City Clerk