08-08 Resolution No. 11382 RESOLUTION NO. 11382
RESOLUTION APPROVING A
SITE PLAN AMENDMENT AND VARIANCE
TO ALLOW A BUILDING ADDITION AND RECONFIGURED PARKING LOT
FOR A K-8 SCHOOL
AT 1401 76TH STREET WEST
WHEREAS, an application has been filed with the City of Richfield which requests
approval of an amendment to a previously approved site plan and a variance to allow a
building addition and reconfigured parking lot at property commonly knpwn as 1401 76th Street
West and legally described as follows:
Lot 1, Block 1, Bourbon and Basin First Addition, Hennepin County, Minnesota;
TOGETHER WITH
That part of the West Half of the Northwest Quarter of the Southwest Quarter of the
Southeast Quarter of Section 33, Township 28, Range 24 adjacent to said Lot 1 lying
easterly of the northerly extension of the westerly line of said Lot 1 and lying south of a
line 105 feet south of and parallel with the north line of said West Half, subject to road.
WHEREAS, the Planning Commission of the City of Richfield held a public hearing and
recommended approval of the requested site plan amendment and variance at its July 24,
2017 meeting; and
WHEREAS, notice of the public hearing was published in the Sun Current on July 13,
2017 and mailed to properties within 350 feet of the subject property on July 11, 2017; and
WHEREAS, the requested site plan amendment meets the requirements necessary for
issuing a site plan amendment as specified in Richfield's Zoning Code, Subsection 547.13 and
as detailed in City Council Staff Report No. 115; and
WHEREAS, the Zoning Code states that principal buildings shall be set back 25 feet
from street/corner side lot lines, Subsection 534.11, Subd. 1; 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 hereby approves
the requested variance from Richfield Zoning Code Subsection 534.11, Subd. 1;
WHEREAS, the City has fully considered the request for approval of the site plan
amendment;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above.
2. An amended site plan for a K-8 school, as described in City Council Report No. 115, on
the Subject Property legally described above is approved.
3. With respect to the application for a variance from Zoning Code Subsection 534.11,
Subd. 1, the City Council makes the following findings:
a. Strict enforcement would cause a practical difficulty. Shifting the proposed building
further east to meet this requirement would encroach into the parking lot area,
negatively impacting vehicle parking and circulation.
b. Unusual or unique circumstances apply to the property. The site's location,
surrounded on all sides by freeway or city streets, as well as its curved /triangular
shape is a unique circumstance. The west side of the property is directly adjacent to
Interstate 35W, rather than a local street or another property.
c. Granting the requested variances will not alter the character of the neighborhood.
The existing building is set back a similar distance from the west property line. As
the proposed building is located along Interstate 35W, no negative impacts are
expected.
d. The requested variances are the minimum necessary to alleviate the practical
difficulties. Reducing the building setback to 10 feet is sufficient to allow the desired
building addition.
e. The proposed variances do not conflict with the purpose or intent of the Ordinances
or Comprehensive Plan.
4. This amended site plan approval and variance is subject to the following conditions:
• The recipient shall record this Resolution with the County, pursuant to Minnesota
Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 547.11,
Subd. 7. A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
• The applicant shall obtain a Boulevard Feature Permit from Richfield Public Works
before planting in the public right-of-way. The applicant is responsible for the
ongoing maintenance and tending of all landscaping in accordance with approved
plans.
• The applicant shall submit a revised site plan including a sidewalk connection from
the northeast corner of the property to a point crossing the parking lot in close
proximity to the main building entrance. The applicant shall submit a revised
landscaping plan including replacement plantings in the affected area as necessary.
Plans must be approved by the Community Development Director.
• The applicant shall continue to work with Richfield Public Works staff to further
improve pedestrian and bicycle connections to the property.
• The applicant shall submit a photometric lighting plan and detail sheets for new light
fixtures. "Wall pak" style fixtures are not permitted, except in loading and service
areas.
• The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report dated
July 6, 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.
5. The amended site plan approval and variance shall expire one year from issuance
unless the use for which the approval was granted has commenced, substantial work
has been completed, or upon written request by the developer, the Council extends the
expiration date for an additional period of up to one year. The amended site plan
approval and variance shall remain in effect for so long as conditions regulating it are
observed, and shall expire if normal operation of the use has been discontinued for 12
or more months, as required by the Zoning Ordinance, Section 547.11, Subd. 11 and
Section 547.13, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of August
2017.
Pat Elliott, Mayor
ATTEST:
/NI,(74.-15-
Elizabe VanHoose, City Clerk