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07-08-80 agendaa CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 239 Agenda July 8, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Residential Zoning Ordinance A joint city council/planning commission meeting has been set for 7:30 p.m. July 8, 1980 to discuss a draft revision to the residential section of the zoning ordinance. A copy of the draft revision is attached for your review. As you may recall, the city council and planning commission discussed the concept of a revised residential zoning ordinance in July, 1979. Because the city is fully developed, the major goal of the ordinance which was agreed upon was to establish zon- ing regulations which conserve and enhance the residential char- acter of the city rather than control of new development. The ordinance was to carry this objective out by protecting the exist- ing residential character of the city, by promoting remodeling and conservation, and by enhancing property values and public in- vestment. The draft ordinance implements the above objectives in a number of ways. First of all, it expands the number of residential zoning district designations from two to five. This was done to insure that the zoning district regulations more accurately reflect existing conditions in the community. The draft ordinance has two single family zoning district des- ignations. The two single family districts are the RSA district which is intended to protect unique neighborhoods in Richfield by preserving existing low density large lot development in those neighborhoods and the R-1 district for the majority of the resi- dential neighborhoods of the city.. The RSA district regulations require a minimum lot area of 10,000 square feet and a minimum lot width of 75 feet.. The current district requirements are 8,000 square foot lot area and 75 foot minimum lot wiich. The Oak Grove area is an example of an area which could be designated as an RSA district. The R-1 district regulations require a minimum lot area of-6,000 square feet and minimum lot width of 50 feet. The RSA and R-1 district regulations now allow such uses as schools, chur- ches, public recreational facilities, public buildings and public utilities to be located in these districts without a special use Council Letter No. 239 -2- July 8, 1980 permit. Two family dwellings would be allowed in the R-1 district with a special use permit. In the existing regulations, two family dwellings are only allowed in an MR district. The draft R-1 reg- ulations establish requirements which must be met before a special use permit can be issued for a two-family dwelling. Setback requirements in the RSA and R-1 districts remain essentially the same as the existing ordinance with the exception of the streetside side yard setback requirements of a corner lot. These have been reduced from 30 feet to 15 feet or the established average setback on the block. The draft ordinance has three multiple family residential.zon- ing district designations instead of the one designation in the current ordinance. This is done to insure that a variety of housing types are available while controlling density to insure that multiple family developments are consistent with the existing character of Richfield. Specific uses permitted in the proposed multiple family district designations include single and two family dwelling units in the ~-2 districts, multiple family developments containing 3 to 17 dwelling units in the R-3 district, and developments containing over 17 units in the R-4 district. Developments over 17 units must also be developed in accordance with the existing PUD ordinance re- quirements. Other differences between the proposed and existing multiple-f amily district requirements include minimum lot area per dwelling unit requirements instead of just minimum total lot area requirements, and maximum lot coverage requirements. The proposed regulations, when properly applied to the city, will help protect the existing character of Richfield, minimize the number of non-conforming uses in the city and allow residents to improve their property with a minimal amount of city involve- ment. The planning staff will be present at the meeting on July 8, to supplement the planning commission in their presentation to the council.. The planning commission and staff are recommending that the city council have the city attorney draw up an ordinance for consideration by the city council at a regular city council meeting. Respectfully submitted, ~- i Karl Nollenberger City Manager cc: Director of Community Development Planning Commission Members City Planner KN/ ej a F... P R O P O S E D (..,... R E V I S I O N T O T H E R I C H F I E L D Z O V I N G O R D I N A N C E F O R S I ~~ G L E .a N D Ivf U L T I- F A M I L Y D E ~' E L O P bI E N T S ~~ 1pt~1•o~-ed t~5• the manning Commission October ?3, 1JiJ Residential ~oninR Districts RSa - Single Family Duelling District (lame lot) R-1 - Single Family Dn~elling District (standard lot) R-2 - Two Family Duelling District R-3 - Multiple Residence District - low to medium der.sit~~ R-4 - Multiple Residence District -- medium to high density c SI~'GLE FAMILY Dh`ILLI~G DISTRICT (I.SA) ~~ RSA. The RSA District is intended to conserve the resident- ial character of selected areas by insuring that ne~,~ or replacement housing tdill conform to tr:e established cllaract: r of the neighborhood and by preserving the existing lo:,: densi:-.- large lot development of th~°sc nei`hborhoeds. _ 1. Specific Uses Permitted in Single Family D:~elling Dist-;-- RSA A. Principle Uses 1. Single family detached dl~ellings. 2. Fully accredited elementary, middle, junior hi~~; and senior high schools; 3. Publicly ol~~ned and operated civic and cultural institutions including, but not limited to, • administrative offices, libraries, historical museums. 4. Religious institutions (places of worship onl~-1. 5. Recreation facilities as follol~s: ~' a. Athletic fields, parks, playgrounds planed and operated by a public agenc~•, public school pla}-grounds, religious institution or home association facilities. Publicl~- otaned and operated golf courses not to include miniature golf courses. r 6. Publicly owned utilit}- facilities such as wells, l~~ater treatment plants, sewage lift stations, electric substations, water storage tanks and reservoirs, polaer poles, transformer boxes, ;nail • bOYCS, but IlOt 1[1CludlIlg malIltenaIlce Wards OI' - facilities. "lhese Cacilitics shall. h~ co;apati~~c ' in drs i~~n with structures on the ad i went prop~~r- tics. " I3. Acccssor~• f(s~~s - i'cr?nitt~~d 1. Prat".ItC ~~II';I~~S. ~h.,.. ~. GI-CCIl~It)lltic'j all~l ~;Lrd~11 ~IOL1jCj rClatt'~l t0 E)T'll~;It~ -- - - ' , S 3. Tool houses, sheds and other similar build- -' ings for the storage of domestic supplies. ~. Privately'-owned swimming pools fcr the use ~of the resident. 5. Convents, seminaries, parsonages and parish houses provided that such convent or ho.:~e shall house not more than six unrelated indi- _ viduals. 6. Family and Group Family day care homes licensed by Hennepin County for under ten children and private schools that are under the super- -. vision of and on the premises of the prin- ciple uses defined in Section l.a, subpara- graphs (2) and (4) . 7. Home occupations as d"efined in Section x.29, .Subdivision 1~1 of this chapter. 8. Signs as allowed in Part V, Section ~.~7. 9. Drive:~rays or sidewalks c~~hen paved ~,rith con- crete or a similar surface. 10. Landscaping and other accessory uses ~~-hich are clearly and customarily accessor}- uses to t}1e principle use. C. Uses by Special Use Permit The following uses are permitted only by the issu- ance of a special use permit as provided for in Section 3.=11 of this chapter. 1. Day Care Centers (ten or more pe1-sons) licensed by Hennepin County. 2. Foster family and Troup Homes caring for six (6) or more children or rnentally retarded or ' p}lysically handicapped persons licen~~d b~' I}cnn~pin COU11tl' or' t}2C State D~~partrrent of Pub1i~ ~iclf~arc. 2. Requirements on Let :\rea, Lot l)i~;lonsion :u1d Lot t'o~.•~:r:r~~e A. Rcrauired Lot .~rca: ", ;,.~:, - ~..~. x..;~s - J - Use ?linir,ura 1,.~t :',rca Single Famil~~ Residence 10, 000 sau~rr,~ ~,~~ ;. Other Uses One (; l; acre Public Utilities are exemr~t fro;a this t;rc,~ i.~i~^. B. Required Lot Dimensions Use `~Iin~r:,u:; Lot •i d, _ Single Family Residence 75 feet • All Others. 200 feet C. Maximum Floor Area Ratio (F:\R) -The floor area ratio ~~-ithin the RSA district shall not. exceed ZO per cent. 3. Minimum Requirements on Setbacks, Yard and Heiht A. Use Front- Rear Streetside lnterio~- Single Family Residence 15 or est~:b- 12 stories or less 30 25 lished al-era~e 5 Single Family Residence 15 or estab- 2 stories or more 30 25 lished a~,-erage 10 Accessory Structures 30 Z 15 or estab- ~'.' lished ati-eraJe Other alloyed uses; no 30 25 15 or est::b- _~ building shall be located lished ati-era~e within 50 feet of anv lot ' line of an abutting lot in a residential district B. .. Height Regulations Single family residences, t~~~o and one-h:~lt stories or a maximum 35 feet, accessor~~ buildings to ;~ ;nazi- . mum of 12 feet. r\11 other buildin;~ three ~t~~rieti or 42 feet. 4. Excepti6ns and Modifications The dbove listed rcquirc;nents For lot are';r, for ~li::~cir~:c;;, lot coverage, sethacl:s, ~•;ird ;Ind huildin~ hci,`i:t ;rr:~ su;~- ject to the modiCiccrtiorr~ ,rnd c~~c}~tions ,~r•o~~i.l,l,;l ~~~~- tion 3. 3J oC this Chal~tcr. ~~ sg~:`~ .. ..J, #: j ? 34 } ~fi'~` SI~,'GLE P:~~1ILY DtVELLI\'G DISTRICT (R- 1) R-1. The R-1 District is intended to preserve the single family residential character of Richfield neihborhoods by insuring that new or replacement development will be compat- ible with the detached single family d1~-ellings of the neigh- borhood, preserving neighborhood densities and pro~~idina for neighborhood facilities such as parks, schools and churches within the district. ~. 1. Specific Uses Permitted in Single Family Duelling District R- 1 A. -Permitted Uses Within any "R-1" single family district, no struc- ture`or land shall be used except for one or more of the folloling uses: Any use permitted in the-RSa single famil~• district. B. Permitted Accessor~° Uses Within any "R-1" single family district, the follol~~- ing uses shall be permitted accessory uses: Any accessory use permitted in the RSa district. C. Uses by Special Use Permit tiVithin any "R-1" single family district, no structul'e or land shall be used for the following uses except by special use permit as provided in Section ~.-+l or this chapter. 1. Any use permitted in the RSa District with a ' special use permit. 2. Two family dwellings: subject to the following additional rccluircrnents: a. Two famil}• c}welling units-shall be permitted r~~ith a special use permit only on lot(s) 1 f2'ORtlIlg OI1 tI'cet~'a~'S, pi'lilClple ;li'tE'rLCil~, minor arterials, and urban collector stroets as cie11r1Cd aIld i}e1111eate~i LI1 t}1 :' COiT~pi'C};~I1~ 1\"c' flan of t?lc cite. , :;>~: - 35t~ 4 ~~~~ '~-t r ~ a-$S - >. ~`~? b. Tt~o oft-~trect pari:in~ st~aces, cne O!- which must be enclosed .gill be . ~~.,~i~~c1 for each d~~e l link unit . C. Cnl}- one (1) accoss shall be ai~~~s~ed t a principle arterial, ;ninon arterial or urban collector street. d. The city shall not issue a special use permit unless it is proti~en b•~ the a~~li- cant that the establishment, maintenance of operation of the use mill not be detri-' mental to: (1) Health, safety, morals or .~elfare of persons residing or i~~or:;in~ or USlIlg the premises in the nei~hbor- hood of such use; (~) The public welfare or injuricus to property or improvements in the neighborhood. e. Conforms to-the city's adopted Comprehen- sive Plan, redevelopment plans, if an}', and f. Conforms to health, housing and building ordinances of the city. 2. Requirements on Lot area , Lot Dimension an~i Lot Co~~era~,e A. Required Lot Area Use Single Family' Residences _ .,,Two Family Rcsic}enccs Otflt;r Uses B.. Required Lot Di:ncn~i.ons Use Singl_c F~tmi1~' Resi.(~n~-c Tttio E'ctntily~ {:esi~l~nc~s Outer I'crrnittcd II;~; F~+..' .. .._ .,,_ ~[inimum Lot :Area 6 , U00 squat'e fee t 1~,~)~)0 squirt feet One (1) acre li.ni::;rim L,~t .Area ~U Ic~t ~~ t~'et 1 ~+,) let - f)- C. Maximum Floor :'area Ratio (FAR) The floor area ratio ~~-ithin the "R-1" district shall not exceed .20 for single family resi~:ien- tial uses, .25 for t;•:o-famiiv residential us-~s and .50 for other allots-ed uses. 3, ivlinimurn ReQuirements for Setbacks , Yards and Fl°i ~~_~ A. Use Front Rear Streetside • Single Family Residence 30 25 15 or estab- 1z stories or less lished average Single Family Residence 30 25 15 or estab- 2 or-more stories lished average Tiao Family Residence 30 25 15 or estab- lished average Accessory Buildings 30, 2 15 or estab- • lished average Other allot~ed uses; no 30 25 15 or estab- building shall be located 1-fished average ' within 50 feet of any lot line of an abutting lot in a residential• zoned district B. Heig}it Regulations Single family residences and t~~o-family residences - 2 2 stories or 35 feet maximum. t\ccessor~• build- ings 12 feet maximum. All other buildings - t~^.ree stories to a maximum of 42 feet. In~erior J 10 10 1 ~~ 4. Exceptions and Modifications `The above listed reduirernents for lot area, lot distension, lot coverage, setbacks, yards and building hei;ht are sub- ject to the exceptions and ~~todifications providod for in Section 3.39 of this Chapter. bIULTIPLE RTiSIDIi~CE DISTRICT'S The multiple' residence district is (toreb~• est,rhli~}t~d :nd :!;;tll further be divided into soh-districts of d i t fcrcnt ,l~~n~ i t i~~s designated as Distriot R-~, D15trllt R-.~ and District ;~--1. Tlt~~ purposes o1 those arc to :illo:~ the es tablishi,tent and maznt~,r,.tncc of a variety of residential densities in sI}ccifieci .treas. It i~ the intent of tfte cit}' to require hih dcsi~n stand:,rds of t;ti~ residence to protect the surround in neighborhoods, to insure ~f~ 4 ,3 Yj •, T i l - f a healthful, safe living environment fcr the occupant :~d to maintain the aesthetic and economic value of the uses f ~... over a long period of time. 1. Specific Uses Permitted in ',Iulti7le Rosidonc; `?ist~-ict A. Principle Uses District R-2: 1. Residences containing t[~~o d[~relling units; . ?. Any use permitted in the RS.a and R-1 single family residential districts; District R-3: 1. Developments containing not less than three nor more than 17 d[~elling units. This dis- trict is intended to encourage development and redevelopment of low and medium densi`~; multiple family housing. Tli ctri rt R-d• 1. Multi-residential proiects developed under the Planned Unit Development Ordinance, ~~ Section 3.3=}\ of the Zoning Ordinance. B. Accessory Uses In addition to those accessory uses l~:hich are clearl:- and customarily accessory to the principle uses, suc~: aS drlVeWayS, paT}:ing areas, S'lde[~al~S, laili.JC~iplrlg, site lighting, and garages, the following additional accessor}' uses will be permitted on the lot occupied ` by the principle use: t 1. Private recreational facilities including s[~~irl- min; pools, tennis courts, recreation courts, play areas, tot lots, bench and c11liet recreatierlal _ areas, and other simil;Ir use>s, inten~lo~1 solrl~- for the use and c~I j o)'m~nt of the res id~nts old t}1C r)r111C1p}~ rl~i' Ind t}1L 12' ~ll~StS. C. Uses h~• Speci;rl U~c 1'~1'Ilit :1ny use pC'I']illttl'd b~~ special use por;,Iit in the RS:\ or lZ- 1 district sul)j~ct to an~• applicably ~~r~~•i~ion= . -{ t ; ;.-_ - ;i - D. Restrictions on Lot area, Buil~lin, Bulk and ~et- backs In determining the applicable restriction in t?;e R-? and R-~ multiple residential districts, file most restrictive of the folloh-ing standards s}Tall govern, subject to the modifications pro,:ided in Section 3.59 or Section 5.56 of this Chapter: 1. Renuired Lot area - The rec[uired number or sc[uare feet of total lot area shall not be less than the sum of the minimum lot area '. . - for each d~~'elling unit thereon, adjusted by _the allowances permitted or imposed hereunder, and in no event less than the minimum total - lot area: Basic Requirement Minimum Lot Area Minimum Total ' District Per Dl~rellin~ Unit Lot area R-Z 5,000 square feet 10,000 square feet R-3 2,500 square feet 10,000 sctuare feet( Schedule of Allowances \ District Basis and amount of Allol~-ance R- 2 \o allowances . R-5 1) For each parking stall in or under the multiple residence structure or otherl~ise comp letei~~ underground; subtract 500 squire feet from minimum lot area. ~) FOI' E'aC}1 bCdi'O0I11 lIl CXCC~S Ci tlv'O In ally OnC Clw~'111nS'~ tlIllt; a~ld X00 s~luare feet to minimum ' lot area per dwellin,, unit. E. Lot Covura'~c ,Inc[ Floor :Arc;I Rat l0 (l~_AR) 1. I) i s tr i~- t ~I:Ix.imum Lot Co~•cra~~e ~1;Ix irru;:I [~.\;~ '['}IO fluor .Irc.I is the dross floor are;I of aI1 buildings on a lot divi~3ed b~' the lot area. r~~~ - - • _ ~ - ~7 - 2. Building E{ci~~ht ~Ia:< ;;;~1,-1 `;um;)er ~_ _ .._ _--. ' R- 2 '1 -- R-3 j E. Useable Lot area Outdoor livinJ space in the amcunt specified bele;•: :^~lst be provided on the lot ocupied b~; t:.., multi, ~,. ~.,-"_~~:.~_ building. This space must be easily accessible. fcr dail'.~ use by the residents of the multiple residence buildir.~. . • Drivewa}'s, parking. areas,-areas hav.in~ a width of less than 20 feet and required-side or front yard setback area's . shall not be considered as useable lot area. District ~ Square Fe-et Per Dc•:ellir.~ Unity R-2 600 R-3 ~ 300 XIncrease b}- 100 square feet for each d:~ellin~ unit in excess. G. Setbacks and Yards ' R-2 District ~' Use Front Rear Streetside Interior Two-famil}` dwelling 30 25 15 or estab- 5 1 or 1'-z stories lisped al-erase Two-family dwelling 30 25 15 or estab- 10 2 or' more stories lisped aver;~~,e R-3 District Front Re:Tr Streetside Interior 30 25 10 per ~torr 10 pt'r . tors- , or established R-4 District average ` Front Rc;.Ir StT'~c'ts idc Interior - JJ JS JJ JJ ~{. Add~l t1ORal DCVO 1O~)IACIlt iZ~ cell t T'C'Pic`nt5 111 thr i~- '~- ~ ll ~ ~ t I' • 1. COrncr l.~t - ~;IL11 TilUlti[){-L I'C~L~~Cale ~tI'iiC ~ilrC {l)~:i.:',! On ~ COrnCr IOt Ln ~LIC~1 <<L~ti'1Ct ~h;111 h~1~";` ;1 SL.;:~';lI'.l OIl thy' 51 tO ;IbL1t t LI1,~ 11[)OII ~T ~ tT'C~ ~ v l ROt _:'~ ~ t~:a;l I1T1111;Tilllll fI'ORt ~";T I'd ~~c'[)t~l re11111I'.'P.?~'iTt OI i;;: ;1:~)O1Il::i,~ J~=`^'. 1IltCI'IOr IOt. ,~ -10- 2. Distance Between Buildin,s - Each multiple dwelling project shall have a snacc between any tt.:o adiac;.nt ~` buildings equal to the sum of the heights o~ the t:•,o , buildings. 3. Accessory Buildings - Accessory buildings shall observe the sa;~le setback requirements est";lis}•.ed for the multiple residence building except that accessory buildings located within the rear yard . may be located to within five feet of the rear or side property line. ~ -_ 4. Floor Area - The minimum floor area of an efficienc~% dwelling unit shall not be less than S00 net sc{uare feet, that of a one bedroom dwelling unit shall not be -less than 650 sciuare feet, and that of a t~~,-o- bedroom dwelling unit shall not be less than S00 ' sc{uare feet. Units containing three or more bed- rooms shall have an additional 150 net sciuare feet of floor area for each bedroom in excess of t:~-o. Fqr purposes of measurement, the net floor area of a dwelling unit shall mean that area within a build- ing used as a single dwelling unit, and shall be measured from the inside of the outside walls to t};e center of partitions bounding the dwelling tlnit being 'measured but shall not include public stair~~-a~~s, entries and foyers, public balconies or unenclosed s public porches, utility rooms, furnace room or room, storage areas not caithin the apartment or aracs. S.Parking - There shall be provided on the site occupie;l by the multiple residence dwelling at least tiro (~) ofL-street parking spaces, in the [:-_'' district thcr~ . shall be one (1) cntlosed parking ~pa~e per d~.;cllin,; unit. Parkln~ .trc::~ ~h.:11 be de~~clopcd pil.~~;:;::it to t}ie appropriate rcc{uii•cmcnts ~ont::ined in l;,iapt~r I, Section =3. U5 I)rive~~a~•s antl l'arkin~ ,\reas. ;:~=: ; ~ y, ~, a~~:t ~ - ~ r, >aa (..~- O a (/~ "gy ~•. J H ~R ~- U W ~ ~ F-- Cn ~ D - !- Q ~ ~ ~ L~ W 1 .. c~ ~ n :n ~ o ~ m c J _a J O C 27 ~ L O ~ ~ p ~ ~' "' O .~ ~ ~_ ~ co O ~.. to O ~ U U a `O N o ~ a ~ i- O U o a a i i ~~ ~~ ~~ 'T i ~~ io i.~i 5EL ~~~_. ,+ t~, ... I.y l~,. ~~ ~. .~ r ~„ }~.s; ~ ~*yf,~ a-~ - - ,.. - . .. •~./ L ~+ ~. L N ~. .r cfl ~r 135 ~. , e~ es rr ~~w I I I`° °_ v-1 I I ~ I I.-:-- -- - - --~ i i ^oooo (1 ~ N -I ~ O 'fl o -, ~ d '' ~° = ~ o cn < `~ ~ ~ ~ r N ~ ~ ~ ~ o 1 j-~ ~ ~, ~ D 70 (~ tD n N ~ a ~ ~ ~ ~ o ~ ~ ~ w a rr~ 1^^~1 ~ l ~~ C V, 1 c ;.~ > ~ ~~ ~~~ ~~ ~~,: :d.. -~ :;~ `~ ~, m ~, d~ _ v p m m .. c_ ~ J N m C1 O ` A ~ ~ ~ ~ C ~ _ N ~ d ~ W . ~ ~ ` Q. C ~ O ~ Q N Gam. U (V O ® M • ~ ~ o V M N --~ O ~ d ~ ~ ~ - ~-- -- TT-- N ~~ 6 O T y L N _~ _. _ . ~ -aa:~; ~ w' ,,.._ , , -~ =,,~. -~ c9 rr N tD ^oo~~ (7 ~ N D 70 ~ ~ ~ O n n fD N ~ ~ cD N ~ d ~ ~ + ~ N O n t m °' r fD ~ ~ ~ ~ ~ ~ -~ o w a _ ~~ ~ v~ ~V ^~ L• D ~^ • J rn L~J f -~ CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Council Members: Council Letter No. 238 Agenda July 14, 1980 g request pe issues and Chicken is y. The planning commission has taken ding further study by the applicant to to reach an agreement on the property located. no action on this resolve neighborhood where Kentucky Fried Richfield State Agency has now requested that their PUD Rezoning request be amended to rezone 5 lots from R single family residential to C-2 general commercial. The original request was to rezone the prop- erty bounded by Lyndale Avenue, Grand Avenue, 66th Street and 67th Street from R single family residential and C-2 general commercial to PC-2 planned general commercial. If the 5 lots are rezoned then they will be used to expand the existing parking lot to help alleviate an existing parking shortage during peak Richfield Bank and Trust business hours. The parking lot would be developed in phases. The three lots which are currently vacant would be developed immediately. The remaining two lots would be developed when the homes are removed. Richfield State Agency has an option to buy the Garvey residence at 6633 Harriet Avenue but is waiting until Mrs. Garvey can find a new place to live before removing-the structure. The house at 6645 Harriet Avenue will be re- moved when a buyer and a suitable location can be found to move the structure to. The wood fence around the existing parking lot would be extended around the new parking areas to screen surrounding resi- dences. The new parking areas will provide an additional 92 parking spaces. Richfield State Agency is still working to resolve the issues which have held up the proposed Planned Unit Development. The amendment of the rezoning request will delay any further city consideration of the Planned Unit Development because city ordinance (Section 3.42 subdivi- sion 9) prohibits property owners from filing more than one rezoning petition on any particular lot in any 12 month period. The earliest the PUD rezoning request could come before the planning commission again would be in October, 1980, (one year from the filing of the original petition). Subject: Request for Rezoning by Richfield State Agency Council Letter No. 238 -2- July 14, 1980 The zoning ordinance in Section 3.33 lists general requirements in C-2 general commercial zoning districts and in Section 3.42 lists procedural requirements for rezoning requests. Section 4.05 lists standards for off-street parlcing areas. The proposed rezoning would be in compliance with what the Com- prehensive Plan indicates should be happening in the area. The Com- prehensive Plan indicates high/medium density Central Business District Mixed Land Use which would include a combination of office, retail commercial entertainment, and eating establishments, small comparison shopping and service businesses, institutional, limited cultural, recreational facilities and multiple dwellings. The proposed parking lot would be a necessary accessory use to adjacent office and service business uses. Because the proposed use would be an accessory to primary uses which comply with the Comprehensive Plan, the request for re- zoning would, therefore, be in compliance with the Comprehensive Plan. Because the site of the proposed rezoning is within the boundaries of the Lyndale/Hub/Nicollet Redevelopment Project, staff has reviewed the request for consistency with the L/H/N Pedevelopment Plan. The staff has found that the proposed rezoning would not only be consis- tent with the redevelopment plan, but would also be essential to carrying it out. The redevelopment plan indicates office/commercial and accessory parking uses for the area of the site. In order to carry out the redevelopment plan, it will be necessary to rezone not only parcels in question but also all that part of the block bounded by 66th Street, 67th Street, Harriet Avenue and Grand Avenue which is not now zoned general commercial. The area to the north and west of the properties is presently zoned and used for commercial development. The proposed rezoning would, therefore, seem to be consistent with the character of the area and would not constitute "spot zoning". The conversion of single family residentially zoned property into commercially zoned property would not be consistent with the general overall city goal to maintain the residential character of Richfield. The conversion would, however, be consistent with the goals of the L/H/N project to have more intensive commercial use of the lots in question. Design details of the proposed parking lots have not been sub- mitted. Therefore, the ~;taff cannot determine at this time, whether the proposed parking areas would meet all off-street parking area standards. Council Letter No. 238 -3- July 14, 1980 In summary, the staff has found that the proposed rezoning would be consistent with the Comprehensive Plan and with the Lyndale/Hub/ Nicollet Redevelopment Plan and that the proposed rezoning would have minimal effects on the character of the neighborhood. Therefore, it is the staff's recommendation that the city council grant the rezoning request, with the knowledge that an off-street parking contract will be considered by the council in the future. Planning Commission. Recommendation The Planning Commission at it's June 24, 1980 meeting recommended that the city council approve the rezoning with the stipulation that a 30 foot buffer area be maintained between the proposed parking lot and Grand Avenue and a buffer area wide enough to maintain the four trees adjacent to the south property line be provided. The proposal was presented to the Residential Impact Neighborhood Group (RING) on June 30, 1980. RING voted to recommend that the city council approve the proposed rezoning. Respectfully submitted, ".l Karl Nollenberger City Manager KN/jf cc: Community Development Director D Pl'1 99 t~ 166 REQUEST FOR REZGNIN~ ~ROwI R TO_C-2 FOR THE FOLt_O:71NG PURPOSE Pa.rklnq LOt LEGr~L DESCRIPTION: Lot 2 Block 2 J.N. Hausers Addition ~~"-z> 1 IYE~ 7HE UNDERSIGNED BEING 049NERS GF Lii•ND ':JiTHIN 300 FEET OF THE LAND ABOVE DESCRIBEDp DO HEREBY CONCUR tN THIS RE70NING REQUEST. SIGNHTURE OF OGN'ERS ,•, rDDRESS LEGr>,L CESCR IPT ION ~ ~ ate- _~ . .~ ,~ , ~ ~~ JJ ~~~ ~ ~__ -' A U, -- -,-R.~~ ~ ~ - - / , `iii ~ L- ~- .,ce,t~ . I ~ ~ i ~ -~,.~ DPI'! 99 1~ 166 REQUEST FCR REZCN ING ~RO;~i R TO C-2 FOR THE FOLi_0~liPdG PI;RFOSE Parking Lot LEGAL DESCRIPTION: Lots 6, 7, 8, 9 Block 2 Lyndale Shores on ~Joodlake Addition ~~ ~-z3 17E~ THE UNOERSIGNED~ BEING 0;'/HERS GF L,~.ND :'IITHIN 3.00 FEET OF THE LAND A30VE DESCRIBED DO HEREBY CONCUR IN THIS REZONING REQUEST. SIGN,~TURE OF OGNERS ,DORESS LEGAL DESCRIPTION t (Y- ` ~~ ~ _ y. ~ 1. 4 ' ~ ' ~~' Y ~.E~ ,~ ~/ ` ( /. C ~ ~L~~' '••C~~~ ~E%~-'~O~( cam' ,./e _, - ... - ,~ ~:-; PETITION MAP >~ ~ I ~ ~ / rl~ -" j C~° 2 ~ ~ ~ _ } - - ~t ~~ ~` Ja#4sd T X~ ~ ki '-+~/ 1 4 ~O^ SZ N N ~ F tY Q ~ L-~ `+ ~':, "8 A 7 i i .. - ~ , a ''; Ltd, ~ ^' -j-y-__._--• , .. ~ - ~ ~ ~<,. J x ~~ o- Z € ~ ~i _ 1 \ ~' ~ ~ •F r ~ f '~ f• h ~, .~ ^ r ; ~ ~K. 12 ~ ° 'S I. ~-~ m r ~, ~~ ~ }~ ~ i ~~'S 4j~ C .f.~ .p ~a ~~.~, ep .r %'~.. ~ "~'. , 'lam y ~ ~ . ~ 3t * , Y I ') ; -M r~`~"`,+~ 1 ~ ~ ~ ~ ,o ~l ~,_ spy;~y ~' ~. 4~'~.iEr~jf. ~. Y. _A[ J ~d ais ~ *`~,~v[': ~"' b 8 S,S; .~ r ~~ i ~~~ ~~Y, ~ ~ ~ .l .,~s~ ~ y ~.'. ~ ~ ;,~~ .,r~ ~ 1 ~~~,t ~v~F~t~~`~ tia~ _ ~ ,.t, ygF it si .fit : a'r.. L; t ~r ~~,,~ wry. Y„ .,r'. (~e i - ".~~ i ~ .~O ~<~,~ ~~ i~ }4~' '2.~~ ~ ~ ti' ^+ ~«5~ -4~Jgt~ ~ ~ 4 ~GY i ~ ~6¢i kr ,,t! f ~~~ ~° t.+~'~ S Esc z~ {y~/tt~ ~ti~ .r> ~ ~ f p F~s~ T ~ C ~ •~, ~,-l' ~+~,~ 1'7 *3~r:. '4: a; 4 _4~~]j ;>. B ~i ~ ~ 1 T .} J,_ d `7 ~ ,;_:1 4 ~ 4 'f. $ d' ,~~}h t: .: fit ~~ ~ ~. ~~ • 1` F• + 4~ 4~, - .• ~ fix ~x~~ ~ (' ~~`!jt ~ .t ~.~i + -`~ ~, ~' ~+~, ~ r~ 7S~ ~e^ ` ~~ '~~ _ ~~ -. ~ { z 7 , ,...~ ~ ~~~i ~ b `t.,"o ~~ K1 C3' ,qA;, ~h, j..ts ., h;,~ ~q +~h ~"' `• ~,; ~ Ci. ~~4 ` ~' t- c ..~ ~~:~:ae. ~ , Y~ ''x t3~i ~xv ; Fi~ ~te~~ fS ~.1r _~at.C . "e?P'!a,~T ~ M ~.]?a. X -,x 4A ACS. ~. Signatures on Petition Yr y, a ~ fi * ' Y s=, _..~~_ ~~ ~'~ ~ w 0 ~' ~ ~Q ~ ~ ~ -^ ., ~, j ~ ~ ^ o~~ ^ ~ U i w O ~ ~ Ua ~ ~r'~y ~+ !~ ~ ~ v _. -._.. . ~ - ~ ._--_. -- - _ -T-__. 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Y'ecr23t i^.nal ~ facil,-'es, and multiOiE dd/8ili(1{~$ ~ombinaion cf sir- =?1 .y 1 dwellings, r~uitipl8~~wellingS,i Mixed Land Use ~ Medium townhcuses, and n~ignbornood COflYeftl2n^,E cammerciat ~ 1 industrial Medium fight and i•e_~•arch orien°ed J industrial uses. i i Multiple High s "'u';t'pie units +crth related I accessory uses. i ~'~~ L.~J Convenience Shopping Area Low Grocery, drug, hardware stores. !I ~ I Sinole family of two family (~~ l 1 Single family Residential Low u nrts and accessory uses j coy"pat~bie +~ith single Or ~ i.._rJ two- fomiiy units COMMUNIT7 f ACIIITIfS: ~ ;~~ ~ ----- i Public parks and open space i .~ i •~ ~ ~ _ ----- Public schools ~, ; Churr_hes cr ChurG~t-related ~~ ~, ----- facilities ___- Other public, ~ua5i-publlc, or - private lnstltutlonal facilitie9 L~IlWSAORTAT lON: ...~ ----- Major arterial t":orcuyhfare adopted `may th• city of richfi~ld this lath ,day of c%af1U of y ,rp 73 ~' ~'~. ~. G,~ ~1~ r F Y. ~~. ~ -~ lnr M.i \ v... c: L~ - J w Ya 'may, -~' .Y ~,r .y-. .y 3„r„~ Y+ ~ ~~Xl^ ~. r: .n. nnna Ti: - l , J Y C ~ .!' .1 f N~ JaY ~ ~ N ~ j;ya,r'N r.. ~. ~. - __ ~ $-~~ of 7 - ~ ~, . a ~ f'~ tr` ~ ~ ,a~ ~.' ~ '5~5 ~ - ~ - - ~~'' -- - - ~',- Sid ' _ i ~ .~. V. sK~.ya ~ k ~~-. - _ _ _- _ I ~ - ,...,c. - ~ -_ - -- -- - - ~~c~F~r Y `~O v+ o.n..o ! ',1s~ .r..r.`e-`3 ~C j - _ _ _.._ ~_ _ _ ~ ,yam a.v we ~__ _. ._ .__._ -_ un __ , ~- - -.._ ~~ __ - _: : -_ ~ ~ am aY.aas - - _ ~ -.. - _ __ yr nsn.v . _ ~ ~ - - kh 43~` -.- __ _ ~ aiv .xra.ay . . _roff __.. _ r _ ~ S ~ - _ i ~ -- ~ ~ ~ ~ __ ` v.. aiLavn ~ . .~- ~ ..-_ - ~ ~~:: v _- ~ lM 3Ta.ai ~ 1 ~ ti~ ' ~.. a.o.o ~; ~ ~ ,~, ~ `r Q r, '4 =~~ ~ - - - F ~ k ¢ ~~: ~ .. .< ~... ~:.~--.__ ~ - ~ ;~ jy~~~ w,a..r -__ ~ rah ' t t ~ _ >"..,m ir. .~ ,~ ; .; > ~ -r - -~. I a `i+ ~~ ,_. i l AMENDMENT TO APPENDIX C OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD DOES ORDAIN: Appendix C of the Ordinance Code of the City of Rich- field, Minnesota defining the boundaries of the various zoning districts of the city, enumerated in Chapter III, Part IV, ' Section 3.28 Subdivision 2 of such code, is hereby amended in the following respect: 1. Appendix C, Section 3 is amended by adding after Paragraph (76) the following new paragraph: "(77) Lot 2; Block 2 J. N. Hausers Addition and Lots 6, 7, 8, 9; Block 2 Lyndale Shores on Wood Lake Addition. Passed by the City Council of the City of Richfield, Minnesota this day of 1980_.. ATTEST: Donald J. Priebe, Mayor Sylvia K. Bergh, Acting City Clerk .~-~ \ \~ _ ~ YNo ~~- 1 A~F \• ~~ ~ A V ~NUF ~ ?~~~ N ~x )~\ m ~ c `°~ ~I / ; ~ `~. ~ \'- ~. . ~N -i mm r ~ wr oZ "~ ~ ~ O=~ _. ~N~ ~m w p Aj~ m N 0 ~~ - 70 ~~ z ~~ J i I - v ~ ~„ '\ - - - ~ c n ~~ ~'\ ----_-' ~ O S , -- _ _.- ~ m Z ~ __ _~ ~ Z `.._.~ ~ i ~_- ~ , ~ _ ~ -1-- - ' p~- ~.. ___ _- --- - I -- y a-EO•-own HARRIET AVENUE SOUTH i~ ~' ~ ~ 1 1 Ilfi is I Iii I ~ E -- _ »~ ~ C ~, Ilmil I}-+~--~- i I I < :__ - -! j _ ~- - f ~i --~ ~/ !!I i li iI ~!~ , i -_ ~_ -' I I ~ i `° •~ !• N1G. O iEN E1 ~-i I I ! ~ ~ I I '1 - ~ ~ ~ ~ ~ I ~Y'Y'!, ~ ~ ~` . i t 1 ~y y ALLEY. ~- ' - ~ o ,~1_L ~ _.^ - ~- a~•-- nt ~. ~-~- - ~ j ; , _ _ _ = xi1==-~=__ lu r`J u ~ ~ ~ '` - r E c i ~' ~ ! - i v ~,~ o - - _ _, ~ i _, I _... - o o i _ '• `~ ~ _, ; ;_ t ~ ,~L~__ __ i, _ 1 r• ~ , f ~ _ y~~l ! I ~ 1 i r ---- . ~, ,__J, ~_ao =o_ w =_' ,GRAND AVENUE SOUTH y m N W 1 x f!1 -1 m m -~ - N 7 ° ~ -~e~ao-se -~~ - i v`ltcins. a~oocia4~s R1C}-l;=I~LD STI~TE AG~;.CY liC ~ p a ~ _-• _ ~' . RICHFIELD MINNESOTA a r c i-;! i t c c! r CC"J L. -_; J minneapolis minnesofa ^ a^ ~~ a F W W F to F m m W 3 \\ ~.>- ~~. x ~,; ~ ~,. a.~~~ ,_ ,. ' .~ , .: ,< ~,. Y :.. _. ~ _ o ~osauunu silos oauuiw S$~.711C.~~.IL tl10S3NN16Y dl31JlIOld 'til 1~~~d~`Jti ?1~~1S Q i~:~~:;-!^,~ H1(lOS 3(i N3Atl aNtl2JeJ ~' i ~ - ~ ~ ~ , ' 1 ~`.J: 1 i Ill I I 1 L .Ti ~ ~ ~ ~ 1 ~ ~ ° ~ ~ I I ~ 3~M !! OOON iNOIN 9 p3N~- \~ 3v E ~ .. -,s ° °?~ Rea I I I I e ~ 3 Is ~ i t ~ l I it U~ ~ ) I~ I I I I I II ( I i I I I ~ ~ I I I III I I I I~ II II Y I _ - .s ~-~. _ -`-T-- N~nOS ~n~~~ ~ nom!/\\\ J ~ J '`\\ \~ \ ~'bONd j \ \~ \ ~~ N . ~:..~ ~~ /l 1~ __ ::-_ i' cz Z Q a r r-- ~n l W tai .L NNN O N N I ON¢ ~yo ~ aa~ ZO W a -o iL ~- - J M a L ~Q ~~ N W 3 ,~ I ~ ~\ ~/T ~ . i / / r` ~ ~/ _\ ~\ f 1 - - H1f10S 3fiN3Atl 131!latlH ~~°''°~'°'~' r CITY OF RICHFIELD, MINNESOTA Office of City Manager ~3-~' Council Letter No. 237 Agenda July 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Off-Street Parking Permit at Harriet Avenue and West 78th Street Mr. Richard Lal~lettry has requested an off-street parking permit for the property located at the northwest corner of the intersection of Harriet Avenue and West 78th Street. The site is currently vacant and will be developed for an Auto Body Shop. runoff is contained on the site. Staff has reviewed the proposed development against the standards for off-street parking areas found in Section 4.05 of the city ordin- ances and found that the proposed development would be in compliance with all standards except for the provision of proper site drainage. The city engineer recommends that the applicant install a catch basin on the north portion of the site which would be connected to the city storm sewer in .Harriet Avenue. Site elevations should be set to carry drainage to the catch basin. This is important because runoff will be greatly increased by the proposed building and parking lot improve- ments on the site. The catch basin will insure that a majority of the It is recommended that the city parking layout and contract with the plan, including a catch basin on the proved by the city engineer. This a passing the attached resolution. council approve the off-street stipulation that a final drainage north portion of the site, be ap- ~proval can be accomplished by ResJpectfully submitted, Karl Nollenbe ger City Manager KN/jf cc: Community Development Director City Engineer RESOLUTION NO. ~ RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION No. 80-4, CONTRACT NO. 2323 Richard A. LaMettry 6904 Russell Avenue Richfield, MN 55423 Location: Harriet Ave. & W. 78th. St. Use: Auto Body Shop BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the proposed geometric layout of the off-street parking as contained in Off-Street Parking Application No. 80-4, Contract No. 2323 is hereby approved subject to and upon completion of performance of the contract for such off-street parking as hereinafter authorized. 2. That the proposed off-street parking contract for the improvement of said off-street parking, bearing Contract No. 2323 be placed on file and that the manager be authorized to sign said contract and the clerk be authorized to seal the same for and on behalf of this city. 3. That the off-street parking operator provide the City of Richfield with Surety in the form of cash, passbook saving withdrawal authority, or performance bond in an amount to be determined by the community development director and city manager, to ensure the off-street parking lot is constructed within the terms and regulations of the Off-street Parking Agreement with the following stipulation: That a final drainage plan, including a catch basin on the north portion of the site, be approved by the city engineer. 4. That responsibility for the proper upkeep and maintenance of said Off-street Parking lot shall remain the responsibility of the off-street parking lot operator in accordance with Ordinance Code 4.05. Adopted by the City Council of the City of Richfield this 14th day of July, 1980. Donald J. Priebe Mayor ATTEST: Sylvia K. Bergh, Acting City Clerk "~n • ' ~ _ ~ '~tiOd~'i 1 C' ~ 5' high cedar fence S r___.-_ ~~ j ~ ;sol~~.i) ~-4"gravel base' .J ~~ \Y \~" bitum ~-> f' ~-~• r i7'J I n g ~ i I I ~ ~ ,r ~ a ~ ~-~ ~i8-3~C0LUMNAR S H V P BUCKTHORN __ O ~ Q LI -ZABELS HONEYSUCKLE CIO-2"-2 I/2" MARSHALL .1 SEEDLESS GREEN ASH ~J I V I 2- REDTWIG DOGWOOD ~ ~C~~c ~ = 30' _~1 80~ •'CR1 1e--20~--~ • Qi ~ ~ ~ M_ ' ~ -~ 1-2"SKYLINE I 4-GOLDEN DROP HONEYLOCUSTy ~ POTENT~LA ~"-22~ ~ ~90D ~ ~ N OFFICE , 8-ZABELS ~ I I ~ HONEYSUCKLEI 5' ~~ ~. i..; .~;- `a'' W W ~-'~ 3-PURPLE LEAF I I ~_ N Q 3ANDCHER~ ~'2 -GOLDEN MOCKORANGE i ~, ~ 6 Curb with " 4~~ conc. sidewalk 1 W ~~ Li 4-PFITZER JUNIPER 3-PFITZER JUNIPER 1 ~ ~ 4--- 2'~ pitum. paving over ~ GL 4" r,l. 5 base ~-'+ ,;; O = 6"COnC. curb ~ / i ~ i~ i I j N ~ sod J 1 ~J _ ~ a i I ~ ~~~ t~/ 1 Pole sign ~ ~ 6-GOLDEN DROP ~J~ 2' ~ ,`_ a pionting ~ POTENTILA `` ) ' 3-PFITZER JUNIPER ',v - ~_ 78th S T. ,7. HA~t~Y 5. JOHNSON COP~tPANlES, tt~C. 401 West 79th St. Bloomington, MN. 55420 (612) B84 -5341 Professional Services in LAND SURVEYING • PLANNING • DEVELOPMENT July 14, 1980 Mr. Richard LaMettry 5100 Overlook Drive Mlps., MN. 55437 Re: Auto Body Shop Grading Plan In the process of staking the building at West 78th Street and Harriet Avenue, a number of existing elevations were taken. From these elevations a grading plan was designed. The land generally slopes to the northeast and to minimize the earthwork cost we utilized this feature. The total lot area is less than one half arce in size with water runoff calculated at approximately 1.5 C.F.S.. Consequently we did not feel it prudent ~to install a catch basin and connection to an e~cisting catch basin for a cost estimated to be in the vicinity of $1,000 to $1,500.00. We do not feel the probable plugging of existing catch basins and maintenance of same can justify an expenditure of this magnitude. Sincerely HARRY S, JOI3NHbN CA., INC. ~. f ;:.~~~ Richard J. Sc,`,a~ert /3' CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 236 Agenda July 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Amendment of Final Development Plan and Special Use Permit for Coach Homes of Richfield Lake Development In November, 1979, the city council approved a Final Development Plan for a condominium development on the site formerly occupied by Woodlake Elementary School. The council approved an amendment to the Final Development Plan in February, 1980. The development is currently under construction. The developer has discovered that it will be necessary to adjust the location of two garages to protect some existing mature trees on the site. Section 3.34A, Subdivision 7, Paragraph 2, of the zoning ordinance requires that the planning director certify that the construc- tion drawings are in substantial compliance with the PUD Plan, Final Development Plan and any other conditions imposed by the council. Section 3.34A, Subdivision7, Paragraph 1, states that a proposal would not be in substantial compliance if there are any changes in the or- iginal approved setbacks from property lines. feet pro- Respectfully submitted, I;~s. ~l ~~~~: ~~. ~,, -, Karl Nollenberger City Manager KN/jf cc: Community Development Director It is recommended that the city council amend the "Coach Homes of Richfield Lake" Final Development Plan and special use permit to allow the proposed changes in garage location. The proposed changes in setback will not adversely affect the general public welfare of residents living on the site or on adjacent properties. -. Z a J a W a ~ ~ 5 d ~ ~ ~ ~ ~ 3 g g ~ a~$~ 9 Z~~~ E n}~° s~ j ~ H J Q~° S SovY-~~S 2P ~ S f i .4~~ -~ k 4 `~Z 3gN v F~f L zG J X Q ~ U~ 9 l~ ~ 4 ~ .2 ~F o~~~~o~s~~~~~~~~~~ ~~°g~ w~ --- -_------ ~ ~:a~ ~a a.<<<<<<<<<.<<<.<<. H N cY `~ m ~~ 9SC VS 3` OF ~a m~ ~_~ ,ooooi tip'' '` o~ ~\\, '1 ~~- C/f/ \ ~ \~ \ \ \ pp~ 2p \ \ "1~ s' ~j \\\ \\ - ~ \ \\\\ . ; I~ ~ ~ it ~ H 4~ W ~i F- ;~ ~ - - --,orbs ~W . >.~~ c 9 ~ eat J ~ Qa ~€~ Y ~ O 3w z~ Y w ab ~ - az so ~°E' 7~ - F° ~; 4 _igF i __ _ ' a _ _ m h oa su \\ / ' ,g '..\V =N ~d d ?: ~ ! L C ^in = Q W I, O ~ - ~ - a !~ r ~~ , ~~ ; ~ i Q z ~- ~~ ~~~ ,:~ '~ 'y/ _ i ~~ ~ ~ ~ ~.: _ it '~ ~a • •''~\ ~ ~I ti I I r ~ ~ ~ y - ~L ~; ,~~ ~~, 15£ .r .u s 133LI1S °~ q ~ M W ~. ..g .._.- o a, o a _ i ~ ~~ ~~ a,~ y ... ,s~ ~-~_ey --~ l - ' ~- _ H199 \` -~ ~ S3 '~ a `~: ~, ~~~ z 0 a U O a W Z }:•:{ ~^ /v0 ~b~, CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 235 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Agenda July 14, 1980 ~~ y~C n~ S~ \ ~ ~~ ~V~~~ ~~' Subject: Request for a Variance at 7244 Garfield Avenue South Proposal Mr. ld N. Ander has submitted an application for a variance required 3 foot fence setback from public right-of-way tom ariance will allow the construction of a 6 foot fence south property line at 7244 Garfield Avenue. The pro- Zoning Ordinance Requirements Section 3.30 subdivision 4, denotes lot area, frontage anc~ sideyard requirements for single family residential districts. Section 3.39 subdivision 6, lists 3 conditions that must be met for granting variances. Staff Findings After review of the 3 conditions necessary for granting of vari- ances in the City of Richfield, the staff finds that: 1. There are no conditions affecting this particular property. This is a typical size lot and is not sig nificantly different than any other lot in the City of Richfield. 2. Denial of the application would not preclude the existing property use. There are alternatives for constructing the fence that would not require a variance. 3. The property is zoned "R" single family residential. sidewalk exists or is contemplated at this time. However, if a sidewalk were to be constructed at some future date there could be snow storage problems. Council Letter No. 235 -2- July 14, 1980 The proposed fence would be an improvement to the applicants property and would not impair visibility on either 73rd Street or Garfield Avenue. The proposed fence would line up with an existing fence on the adjacent lot to west of the site. Staff Recommendation While the proposed. fence would not be detrimental to the public welfare the staff must recommend that this application for a variance be denied because the three conditions for granting variances have not been met. Planning Commission Recommendation The planning commission, at their June 24, 1980 meeting, recom- mended that the city council approve this application for a variance. Res ectfully submitted, ~~ Karl Nollenberger City Manager KN/jf cc: Community Development Director ~ ~ _ .. _ .._ _ ~~~...... ~ v.. ~ S .........._ ... ._. ~ ~... ~ ~ : 1 l~ .. ~.. ~ •~ i ! 1 ... lam' ._ . yl ~, ~ re ;uest for vsri~r.ce ~J Apa:`r;ent Use G.cne_r/.~a i icar_ s~ ~ L` /fC~ ~~ / ( ur Fcr t e pr^~er ~v or la:~c: lcc, "~. a ~ . - =ess ~~~~ L-/O~/rt~~/~°~C~' ~I/C°_ ~ J t~ °:at ?rrcel CU`:ai~:l.51OT1: ~'~~~t~ ~d ~~ ~1GC'•: ~ T0t /~ 0~°1"~1 C~l:;ie*_7S_:?S O. rcaer'...y!/~` ~~C:ar? all `?=CeS_...<<' C'_"?.~•:1. "S ~ ,-'~~S} F:._S~__^. y^ L'Se 0= la:iC:_~~5!•Cl~°~C~ ~:._S ~i:l~ ZO::lZlC S/`h~/ ~ ~CL'~7/ /V ~ +L~/r~~j'I~..~ E:•._s ~_r.g bui ldi. cs? ~ 1'es j-i :o . PrJ~CS~~ charges in use• ,~ n ~ Prc_ ose~? c'.:ar.g~s in zon_ng n~/~ ~._ VZ:lz.^.CO ieC:i~~S~~~. ,O~I~~~-JJs's`1Z'1 3 '4®J Jd /-r~ n~~c::C:l ~~ ~ ?:~'C~~SSc~.'_" C_ Li i:....5 c ~..`~ ., i~`_" -l=`: t~_ .,.,fir ',;._....5 r , Apclicar..s S=cnatu:eA ~~t u~;~z ~~ ;l~~~t D:.te: ~I ~-f i''F'. ~/ ` ~P~~ ~~ . ~~ l~:c'.~a~ ,5tda4 ''.ccci;:t Datc (~ ~-~ ~" ~~~ f -- C . ;'~`~. GC_~% ~ ,~,, _ mac., y~ -U ~> i f=' ~^ :L-~~- ~-c --~y~ -'C.~~-'CGt/ "~ ~''-G~ 'C,_ ,~/ ... 'Y /, j" . ~ e;L f- E~ - C`-~ ~'"( .. `: ~ "t/~ C~-L C:(j -y a/ ~-e, ~--c'~ - - ~~ , -~ .~ ~; ~ .-c~~~~' ~ . Lim-.> ~ ~ ^ ~~ 1 ~ Ci5c'~e. ~ ~i';~i+if-~~ j ~: -i'~1~ ~ ` GC_ _ '~ --C~' , t~~~\ G~ ~ -~_:_ Gt/ ~_ i-~ ~ .~ rr ~- ~; ~, ~ y . / ,~ ~ / f I f ~: ,/ ~, REQUEST FOR VARIANCE OF /~~~`~~~~. ~ fir. ~„~~ ~,~ f ~_.~~ ~-N,-,~ ~ ~ treovri F}f-;pt."~ FOR PURPOSE OF 1 Legal Description: ~_ t f/ ;' ~ ~,"sP / ~? Wit` ct l ~ ' ,b i ~' _ ,~ _ y..._ ~~ / .. We, the undersigned, being owners of immediate adjoining land as above described, . do hereby concur with the variance as requested. Signature of Owners _ Address Leal Dcscription J ~- ~ ~, I ~ ~,~ ~ ~- ~~ / CJ` ~ / ~ / ' /~ ~ I ~~~~~~---- j ;~ r G `'~_ a j G` ~ - -~_~ . __ - ----- - --- - , ~ ~ ___ I ---I ~ --- ~- - ------- - 2 ~ ~ i S T, ---Q 2 ~~ ° ~r~ 2 `. X10 ° - 22 3 (~ ~ ~ r~ 22 3 ~] ~ net !4 ~ 2t ;a j~~ ~ N ~] !T ~8 ^N ,u 16! ~i 9 I~ to ~ n '~ `~ - - ~ I~ ~ a ( t X1 1 12 r,: -ti A AP Q 1 ^ ~ N Q N L~ --! v _ ,~ o - N S~ II N V H ~ t ~~ .~_;- o -,m ~ ~ ~ `4~ ! ! - -_ ~ 124! ~ ! i-~-N '' ~~~ Z I ~ h --~ ~- _- _ _ 2~ 2 ~ ° ~ 2 2_-___ ° p 2;; 4--- - -N Q M~- 21 4 ~~ti _ F-- N I, tJ! V N ~ I9 6 ~ I N N ~ IL 7 ~ tt~~----~~ ~ ~ N ~ I 7 ~~ N 7 -~ ~ _ _ l - M f I ~ 9 •, e.l !1 r~ t r N M n F ~ '- _ -- --- ~ _ .. ' o I ,- J a I t ~ j .. ...... ~ .,.,... ------- 2SITEN ~: ~ I2 ^ N N O 0 ~- W N h N_ 1n M n N ST. 0 73rd 24 ~ ! o _ 2 22 2 ^ 3 ^ . 21 4 ^ ~- ^ 2 5 ~ ~ U ^ 17 8~ ~^ N t~ ~ ~ 1 9 D~ a 15 10 ^ ~; ] I II ^ ~ ] t3 ;t2 ^ ~ __ J~~.-o-~ ~: D t i ,~ ~ __ ^ o ~ d .-_ t- 5~9 -__ ,~ ''^`t t-~ to a .---~. _-.-~ w I6`~,II--~ ~ z - ~;-,~~;~ _-~- ~ PETITION 24 ~ ^ I M . ^23 2 ~^ 22 3 - 21 ~ 4 ". 20 5 " N 8 ^~ _. ~^ i N s n~ ~,:~~ :~, ,, ;. ~~ I~~_,,,:_,.~, .~~ i„^ ~ r ~~ ! 7f3 ~; 1 ~ ~, r~ ~~! ~- ~ ~ ~ ; _ H ----- ~ ~] it 2 ~': g' °r' II 2 '~ o ° -~ ll 2 0 _ ~ - ~ N r - - Q v, ^ _~ N ti i1~ ~ Q ~ A N /.1 i^ j N M Signatures on Petition ~ 2 B _ H n - ~ _~ i M M - (n r ^- C3 ~~ ~ ^ 3!r ~~ n - iii -'--r.~, .On 72nd `~ V~ J ~~~\ ,^ - _' ~-~ _ _ "~~' -- - ----- - ^ o 1~ ~ ? ~ St- _ .1 l O ~ ^ O tJ O --- ~ ~.. o ~' 2 2 ~ 1 0 - -.-----~--°-- ~ ZONING MAP ° ~ ZZ 3 ,, I~,lo --- ,7 f4 Z I ~ ; N -D--- -~ ___ _ - _ , , y(~ _ (~ c _ ~ - 'n ~ -~ -- 15 ~ .--- ~ ~ ~ .. ~ I 6 r~ N Q N . J I .7 ~~ .-- ~ ~ Q [~ i4'',13 ^ ~ N ~ i ^ ~ ~ IS '~ T ~ -- ^„ ~_`16,~g ~~~ '^~-~ --1-6.9 ~ r o -- ~~, ,10 ~~' n i ~ I51 10 __, ~ M 3 3 I^,~ -- ~.I~1 j1~ ~` _~ II - _d 7 2 n-d o ~~ 2 ' I N ~ ~- h ~ ~ - 1 ^ - L 0~ _ ~~ ~ -_ W '" 20 _= 5 ~ ti ~ ~ I 6 ~ ~ Q _ NI 18 01 N _. '- - ~^ 1~ 9- ~ _ ~ `, 15 - ---- 10 d g 5 ~~ 19116 _^---~ ~ `'- - -- I I ,~ ° ° ._ I I I _,_f a _ i i t ^ ° ~-~ 76 -_ -_- , ~ !8117 ^ N ~ ~ ~ ~ 131 2SITEN N I-7 I31 12 ~ N N i3 12 _ - ~ ~ ` ~ - t ST. 0 73rd r^ 23 Z--- ~ ~~ I1 2 r'' o ~ r~ ~ 112 ,._, G o '~-' I I 2 - O1 Z I Y / N M r l 1 , N M -7 g Q ~ ~~ ~ ~A I ~ N I A N~ ;•~ N V nn ~, _ m -- -- _---- _ ~ -- s .~i. I o,. ~.. n o i ^ r ' _ -- _ - ~ --- ~~ ~ ^ ~ ' `3;4~ SINGLE FAMILY RFSlDENTIAL _ `~ ST. ~ ~ ~ ~ MULTIPLE FAMILY~'rtESIDENTIAL ~n..~.~_ Yom" ~ ~..~~,x~-~;~} h, I `_ .__ U ~ O 71st _~ )~ ~> 72nd ~ t_~ 0 ~ 2 ,4 -- - -N D "-' ~ ~' 21 4 ~~" ~ -,~ -2-1.4 -~ ~ 20 5 W_ "' - 20 5 n - ~ QI, _ -' _ _ --- - ~_ N `~ 1gr g o ~- 19 6 r-~ ~ [~ ~, (~ I 6 ~"'~ ~J N ~ Q rI- _/ ._._ 18; 7 _ I 7 C _ ~ ~~ I~I ~ N V N I 8 r~ N a - __ _ _~ ~ N ,,{{ ,^~ ~ I i 9 Ian nr 1 r "' na II6 9 ,-T ~ ~ Id ~M M4_ 15 l0 iK ~ r, 15 10_ _ ~ _ _ __ - Q I Ji 16 1I) ~_ _ __ ~ I I ! I d ~ I I I f J° '- 1 ! I ^ r,-~ - 8T~ __. ~~ ~ ~ ~ ~ N , ~ i~ 2V' 1 ~N N ~~ 1 1 12 ~ N ^ ~ ~ 13 12 1 Y ~ I811~ ^ N 1~ ..~ . f+ 7 6 n"i - - r- --~.. ST. 73rd ^24I Z ~ C~ 12 1 ~^ ~ I `J M'~! I f- __ -. .___ -- -__-____- - -- -. - ..__. _ ^ 23 2 ~ ~] I I 2 ;-" ° ° r~ I I 2 1}° °"-_ 11 2 ° !`, ^ 22 3 0 ;_;- I 3 - =o ~^~ 101 ~3 ^ o ~ ~~; t_ -. ~ 21 Y ~ -_ ~ N f7 r1 ~ r I N M 1 ~ 1 - ------j , ~ 7 6 T . r- - ~ - - ~L N ~ ~i O N N ..-_ ~ ~ I O V ~ ~ N /~ N I I.. J ~- - -- ~- - _¢~ - 1 o ~ ^ 1 e D ~ w', ~ N N h 1 1 0o Q :; ~ JIB lo~ '~' Q - ~ m - _ - `; '- SINGLE FAMILY RESIDENTIAL ~ ~ ~ ` . ~ V 7 ~l a k _ ST. ~ MULTIPLE FAMILY RESIDENTIAL ~~? - , eft ~z ~,~.~~~,~ ~~ Js ~~~:~<..:a 2fftisi x„yi.~~• ~ - - .-,- _ _ - - U ; ~ a 2 1 ~ o O;~ 2, o _,~_ I~ ~ ---Q 2 ~~ ~~ 2 2 Flo --- ° Q ~ -- -- ---- I-8-~9 --- a 1 ~ - 22 3 nO n ° n 22 3 `] ~ --- W ___ - _ LAN (] Q ,nom-j- 15'~.IL -~ -- i j 1 J V ~ - ~ ,_ ~ I J .6 ~ N ~ ^ 14113 ^ ,n ~--I 1 - L d N r~ 19 __ I j N I N L~ N r 17 8 ^N NIA I7 8 S T. -,~ - ~ %16 9 ~ ~^C' 16 9 I __ C ~' - ~--' oQ 3 2 I 10 ;~Y ~~ I 10 ~_ -, 1 _: _ f-1 z l - - `-- - a l3 (12 '_ _ ~ ° ~--~ 13; 12 C~ ° tiAa ~_ t aZ a n d o~ 3 a .~ a v~ vvze _~ ~ O J I ~ d ' .C I ~ a ~ ' ~ I U I C Y U z ~ ~ ~ • _y , '~ I O a ~~8 ~~ N ' W '~ ~ o W W F- F.. ~ ~ W I a Z W ''~ O ~ oc V• ~ ~ ~ I a ~ ~~5 Jl 3 l l d Q ~ d U ~p C ~ V- T ~ J C a y n 'x W ~ - - - - ~ - I~BM2AIJQ I M n d N _N W 7 Q d T V N CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 234 Agenda July 14, 1980 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Requests for a Special Use Permit, Variances and Off-Street Parking Permit to Allow the Construction of a 3 Story,6-unit Condominium at 6945 Penn Ave. S. Proposal the construction of a three-story, six-unit condominium and a six stall garage at 6945 Penn Avenue South. The special use permit is necessary because multi-family dwellings of more than two units are allowed in "MR" multi-family residential districts only with aspecial use permit. The variance request is to reduce the required front yard setback of 30 feet to the proposed front yard setback of 22 feet. The property is zoned "MR" multi-family residential. The proposed structure is 60' X 40" (outside dimensions) with 2 dwelling units on each of the three levels and a basement storage area. A six-stall garage and six outside parking spaces are being proposed, including a handicap parking space. The proposed structures will have a mason- ite lap siding exterior and asphalt shingles on the hip style roof of the main building. History From 1958 until May, 1976, the property had been anon-conforming retail plant nursery and tree sale lot. In October of 1977 the city council approved rezoning the property from "R" single family resi- dential to "MR" multi-family residential. In January of 1978 the city council approved a special use permit and four variances to allow the construction of a six unit multi-family structure and a six stall garage. In December of 1978, the city council approved a request for an extension of the special use permit application to allow the prop- erty owner an additional year to initiate the proposed multi-family use on the site. The property was not developed and has been vacant since May, 1976. Because the development did not occur within the required time period, the new special use permit request must again go through the city special use permit approval process. The four variances granted in 1978 remain with the property and can be utilized by the applicant without further planning commission or .city council consideration. Council Letter No. 234 -2- July 14, 1980 Zoning Ordinance Requirements i. Section 3.31 established use regulations for multiple family residential districts. 2. Section 3.37 lists special provisions for group housing developments. 3. Section 3.41 subdivision 5 lists conditions governing the issuance of special use permits. 4. Section 3.40 subdivision 6, lists 3 conditions which must be met before granting variances. Other Ordinance Requirements Section 4.05 lists conditions and standards for granting offstreet parking permits. Staff Review Upon review of the request against the special provisions of the group housing development section of the ordinance the staff has found that additional variances will be necessary. The additional variances needed are: 1. To increase the maximum allowable gross floor area of the structure from 20% of the total development site to 48% of the total development site. 2. To decrease the required parking lot setbacks from a prop- erty line of 10 feet, to 4 feet along the east property line and 3 feet along the north property line. The staff feels that the city council should consider these additional variances at this time. Staff Findings: Special Use Permit The staff reviewed the special use permit and variances separately and will begin with the special use permit request. 1. It is the opinion of the staff that the proposal is in com- pliance with both Richfield's Comprehensive Development Plan and Goals and Policy Statement. Richfield's Comprehensive Development Plan indicated the property as mixed land use, high to medium density which principle uses are multi-family, retail commercial, office, and research oriented light industrial. The Housing Goals and Policy Statement state, "To permit all types of housing provided each is properly located in accordance with the Comprehensive Plan" and "To encourage the development of a variety of housing types... within the community." Council Letter No. 234 -3- July 14, 1980 2. The proposed development would not be detrimental to the public welfare. The proposal would have a positive effect on the neighborhood, in terms of cleaning up the property by developing it since the property is presently vacant. The increase in traffic would not be significant. It is the staff's opinion that a majority of the new trips, es- timated at 48 vehicle trip ends per day, would occur on Penn Avenue. The existing traffic volume on Penn Avenue is 17,850 A.D.T. A 48-vehicle trip per day increase would be a .027 percent increase which would not be noticeable. Traf- fic count information ~is not available for 70th Street. It is the opinion of the staff that the traffic increase on 70th Street would also be minimal. The proposed development has not been significantly altered from the 1977 requested special use permit. The size of the proposal has not in- creased and the basic changes are the location of the struc- ture on the property and the use of masonite siding and cedar trim on the exterior instead of brick. The proposed side yard from the residential uses to the north has been increased from the 1976 proposal by 15 feet, and the setback from the south property line has increased 5 feet. Staff Findings: Variance Review of the three conditions for granting variances. 1. There are no special conditions affecting this particular lot, and the lot is.not significantly different from any other "MR" zoned lot in the City of Richfield. 2. Denial of the variances would not preclude the owner from making reasonable use of his property. A smaller multi- family structure or a single family dwelling are alternative uses which could be developed on the site. 3. The proposal is an improvement to the applicant's property and should not be detrimental to the public welfare. The staff feels that setbacks are needed to maintain safe dis- tances between different uses and to maintain the character of a neighborhood. The staff feels the reduction of the front yard setback to 22 feet in this request would not im- pair visibility on the surrounding streets and, therefore, does maintain a safe distance between these t~vo uses. The staff also feels that the requested reduction of the front yard setback to 22 feet can be viewed as altering the char- acter of the neighborhood, but that this would be minimal since a front yard setback of 25 feet does exist on this block, and the proposal has increased the side yard setback from the residential uses to the north by 15 feet. Although the proposed elevation contours will allow sufficient surface Council Letter No. 234 -4- July 14, 1980 water drainage on the site, the staff feels that minor alter- ations of the proposed 136 foot and 135 foot contours on the north side yard would create a better surface water drainage system for the site and surrounding properties. It is the opinion of the staff that, for these reasons and because the proposed development would clean up the site, the pro- posal would not be detrimental to the public welfare of the neighborhood. . Staff Findings: Off-Street Parking Permit The proposed parking area meets standards except for the required 15 foot setback from residential property. The proposal indicates a 3 foot setback along the north and a 4 foot setback on the east. The applicant has requested a variance to this standard. Staff Recommendations: Special Use Permit It is the recommendation of the staff that this application for a special use permit to allow a three-story, 6-unit multi-family use be granted with the following stipulations: 1. The necessary variances be obtained. 2. The proposed elevations of engineer to insure proper ing properties. the site be approved by the city drainage on the site and surround- Staff Recommendations: Variances The variances requested are: 1. To reduce the required front yard setback of 30 feet to the proposed front yard setback of 22 feet. 2. To increase the maximum allowable gross floor area of the structure from 20% of the total development site to 48% of the total development site. 3. To decrease the required parking lot setbacks from a property line of 10 feet, to 4 feet along the east property line and •3 feet along the north property, line. Because the three conditions for granting variances are not met staff must recommend that the variances be denied. Staff Recommendation: Off-Street Parking Permit It is recommended that the off-street parking layout and contract be approved. A resolution approving the off-street parking layout and contract is attached far council action. Council Letter No. 234 -5- July 14, 1980 Planning Commission Recommendation At their June 24, 1980 meeting, the planning commission recom- mended that the requested special use permit and variances be ap- proved with the above stated stipulations. Res1pec,, Mtf_,u`llly submitted, ,S ,,,,J~ IV~'~"«~' . ice;, Karl Nollenberger City Manager KN/jf cc: Community Development Director , D:1T~ . CITE OF RICfiFIFLD, Richfield, Minnesota Department of Public Works - Building Divisicn 6700 Portland avenue South (612) 86~-7521 APPLICATION IS H~REBY :~It'~DF FOR: A change in zoning ~ ~ Special lise A request for variance ~ Apartment Use By: Penn Avenue Associates Owner/Applican- 4532 France Avenue SQUth Address Minneapolis City 920-b202 Bus. phoe -.For the property or land located at: C R `~ ~"- Address: .(-45 Penn Av _n ~ o ~ _h Plat Pzrcel Wood Lake Highlands Addition 10 10 Subdivision: Ti ngdal P RrnS _ I i ncnl n Ni 11 end Addi f Flock 1 tl Lot 1 ~ General dimensions of property (attached all necessary dra~4~ir.gs, maps): Existing use of land: Vacate Existing zoning:_Multinle Residence Mri Existing buildings? ~ Xes ~ No Proposed changes in use: fnn~tr»ctinn of a six unif• cnndnminium Proposed changes in zoning: None To allow the reductign of the side street, side yyard to be variance requested: rPd»ced from 30' to a requi-red ~ec• 3,31 Subd 3 Para 2 r?ttach all necessary dr~,ci::cs, ,..: cs, a.. _. _,i`~~ ^:~~vele~ment cl_.^s AnDlicants Sicnature ~~~f~ i~`"' "' `~ D te: ~~ c~ Fee Fecei~•ed ~~~ ~ F.eceiPt ~~ 9 ~ Date ~ D:1Ti . ~_ . CITY OF RIC'ri:'IE LD, Richfield, Minnesota Department of Public ~~'orks - Building Division 6700 Portland t~venue South (612) 869-7521 APPLICATION IS HEREBY '~It'1DE FOR: A change in zoning Q A request for variance By: Penn Avenue Associates C) Apartment Use 4532 France Avenue South Minneapolis Special lise City 920-6202 Owner/~ pelican- Address Bus . P::one For the property or land located at: ~ q ~-s'_ Address: F~A4^. 1-45 Penn Avenue South Plat narcel Woo La e Highlands Addition 10 10 Subdivision: Ti ngdal e Bros. Li ncol n Fli 11 grid Addi tick 10 Lat 1 3 General dimensions of property (attached all necessary drawincs, mans): Existing use of land: Vacate Existing zoning: Multiple Residence MR Existing buildings? ~ Yes ~ No. Proposed changes in use: Construction of a six-unit condominium Proposed changes in zoning: None Variance requested: Attach all necessary drawincs, :-:a:~s, and-site development plans AnDlicants Si mature Date: v O ~` v Fee Recci~•ed By ~ _ P.cccint = ~ ],,,,9 ~ Datc S '' ~~ --~~ i. y~~ l .~~ 9 ~~~~~ a 7 ~' a ~'y ~. --' .~ May 5, 1980 City of Richfield 6700 Portland Avenue South Minneapolis, MN 55423 City of Richfield, . ~~, Attached is the applications for a Variance and Special Use Permit for the proposed construction of a six-unit condominium at 70th and Penn. This project will Richfield housing Housing Inventory is single family, condominiums will the single family supply six new two bedroom living units to the stock. As out1iried in the 1979 "Richfield nearly three fourths of the existing housing wit}i the remainder being rental. The planned provide a needed ownership alternative to home. In order to minimize the traffic conflicts along Penn A-venue and maximize the solar orientation, the bui~1di~ng has been aligned with 70th Street This plan 91ves eacf~. ani~t excellent exposure to the sun while allowing pick up and drop offs on 70th, reducing potenti•a1 congestion on Penn Avenae. To resolve the above conditions an eight foot wari~ance along Penn Avenue is required. This• solution allows the residents of the property to equally enjoy the sun and all other property rights while not adversely affecting the rights of the adjoining neighborhood. ° rf you have any questions or i f h can be of as~si~stance regar-ding this matter please contact met Thank you, Sincerel Ja s R, Wadsworth ~1RW; jb - enclosure "Gerelopers of Historic Properties" REQUEST FOR VARIANCE Q'F/ FR0~9 30' to 22' along Penn Ave, FOR PURPOSE OF Construction of 6-unit con om~nium Legal Description: Wood Lake Highland Addition, Blk. 10, Lot 10 Tingdale Bros. Lincoln Hill 2nd Addition, Blk. 10, Lot 13 We, the undersigned, being owners of immediate adjoining land as above described, do hereby concur with the variance~as requested. Signature of Owners - Address Legal Description (~\~ yid ~ _ i _ ~j~ fj/ 0 1~ ~/ `~ / J r ~ ~/~J ~ ) / V ~ ~/~Q /7/7 /7/'Z t . _~ n r ; z ~ -' -. _ - 19 ~ 22 Z s 'PETITION tV1AP 2 ~_ ~ ~ ~ _~ -- -~~. 5 ~ ~ - ~ iz FL '! 8 ~ z4 i:1.) 2a U - - _ g n N .~, n 10 17 a ~ (2 ~ ~ J B ~ 4 _ {.i~.1 ~ ~ 28 ~ _ -.- ', v ~ p I c N N {_ ~ ~ 3 33 - ~----^-~ 1 iJ ~ ~ s2 ~ 1 I ~---- M u 7 5 i j => ^n ~ g ;~ L I „N+ ~ i 140 ~s 13 2 ~ s r 54 ' ; ' i0 ~ ~ ^ L' o ~~ ® a 9 ^ ~ a ~ _ ---g-O v 7 n ~ . N ~n c p ~ L1 m ~ r ~Jth _; 24 1 8900 ' ~) I-'~ ~Q 3 ~, 2 22 3 ~08 ~ ~~~ I_}} o ~- 20 -- ,J I U ,8 +---- -- l-~ 19 6 U2o ~ N _ ~-1_ 18 7 r29 zi N C'17 17 8 ~za Wi v r! 16 8 ~ m ~ ~ ~. _ i6 9 i~3z ~ ~, I5 IS' 10 ~ _ . Y_ ! 4 I I r-^ t 3 12 ~ "'' .r_ ' l~ I ~ _. ~ ~ i.: 7 . .. ~ .~ O l O l~ l O. _ _ ~ _J =i ~a N~ A. ~o 0 2 ~~ o ~~-~ ~4 0 -1 N _ - 5 C 11 ~] o ~, I Dm 9; n J ~ 1 n ~_ o ~. __ ~ ~~ Q f 2 _ ~ -- ~ 0 _ ^ - - 18 CU ~ `D - i 7 2 C'~, s N~ 1.6 3 V N f . ~~ t5 4 ~ Q .. 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W w :~ Q ~ a ~, 4:; ~ ~~~ n .~ ~. ~ ` N Q Lf ' ~ N a a i I ~,~ _ _ _ ----~ / '~ t.. - _ - '~ ~`~ ` CITY OF RICHFIELD, MINNESOTA Ya ~ - Office of City Manager Council Letter No, 10 Agenda January 9 , 1978 ~: ; Gentlemen: ~ ~ ~, ~~,~~ Subject: Request for Four Variances and Special Use Permit ~' '~ (Apartment Use Permit), 6945 Pern Avenue J, Jerome Imsdahl of Penn Properties, Inc. , 10040 Harrison Road, Bloomington, { ;'~ °~ Minnesota, has requested four variances and a special use permit to allow con- ~ ~~ struction of athree-story, six unit apartment building on the northeast corner of ~ Penn Avenue and 70th Street. " fi" The four variances requested are as follows: .f.. z ~ __ _ ~ 1 . To reduce an interior sideyard adjacent to an "R" zone from ~ =,~' the 25 feet required in Section _3.37 , subdivision 3, paragraph 5 ~ 8, _to a distance of 23 feot. ~¢~,. ~~ , ~4~,~: 2 . To allow the 70th Street side street sideyard to be reduced ~ ,.. tij~yl from 30 feet to 29 feet as required in Section 3.3I, subdivision ~~~ ., 3. Paragraph 2. _ ,;Q ~ ~~a ~;~ ,~ ~ 3. To allow the required 70th Street side street sideyard of. the `'y ` parking lot to be reduced from 10 feet as required in Section ~ - '3,37, subdivision 3, paragraph 11, to five feet. i - `~ ' Y' To allow the reduction of the required outdoor living spaces ,~~ 4 . ~:m ;~ from 300 square feet per unit as required by Section 3,37, ~ '~t subdivision 3, paragraph 13, to 200 square feet of outdoor 4_'.r ivin s ace er unit, ~~..; - , 1 g P P f .{ ~ ~ - t ~ The following items are attached to this letter and will be referred to throughout: =; - ~;,~3 ~~ '. 1. Exhibit A -proposed site plan _~~; 2 , Exhibit B -current area land use ~ ~ 3 , Exhibit C -current area zoning ~~~} ~a` 4. Exhibit D -comprehensive plan x, ~ ~ 5. ~ Exhibit E -letter from applicant .~~ ~- try ~:. ~~;.~ ~~; ' 6. ~' Exhibit F -special provisions, Group Housing ,Development ~,F~~ ~~ ~ ~ ~ ~ ~ ~ >' p< ~;~ ~ :am.,e~.'~.e?mus~asz_.::.~, ~...,~.~.,..,... . ~~., .. ~: _~.- .., _ m - ..x~-.:~,~±. ~",~`" -....,al~s~t.~; ~ ~AU`41-~~~s:_~.~e ~" ~~'";'``. ~ ~ -Council Letter No.. 10 -2- January 9, 1978 ~ M ' ~ - S . ~~~r - - `~''`~ Background ,, ~''` Parcel Size: 112' x 135.5' (15,716 square feet) ,~ Zoning requires a minimum of 10, 000 square feet Existing- Structures: None ,3' ~ ~, ~ . Proposed Structures: One .three-story, six-unit apartrnent building # _ ::, and. one six car garage Proposed Setbacks: Apartment Building: 30' front s.<_.. _ 23' north side 29' south side ~,~ ,, 63.04' rear f~~., ~, ;• Garage: 39.04' distance to proposed bldg. '~'°{`. 2' rear 2 7' north side - '~ Y 25' south side ~~ ~ ~ , f f} ~.... ~~~~# ~ Site Zoning: A!lulti-family residential (MR) (Zoning district change was approved by city ~'' may, ~_ ~ council October 11, 19.77) a ca nt - -Site Land Use: V 11., u° ~,_ _ ~~;~a. ,.. Surrounding Zoning and Land Use: t~ ~~,; 'e ~y~ = . ~~~~~,,,, . Zoning: N-single family residential ~ ~„= - L-JLily 1C ltlllt tly acaLUCii~iuL ~ ~ W-multi-family residential on the first three lots { on Penn and 70th Street; single family residential - on the remaining lots between 69th and 70th w e .- . ~j t,;;' `_ Streets -west on Penn Avenue a S-single family residential Land Use:' N-single family residential ~ ~ E-single family residential ; ~ W-multi--family residential on the first three lots r~ {. (eight units) ,_; S-single family residential - ~ ~ , Comp. Plan: The plan of. the City of Richfield indicates that this ' ,.-_ ; ~ ~ area should be developed with mixed land uses of ~.. ~;~ ,. medium density, through a combination of the follow- ~ ~ "';~~ `: ing principal uses: single family dwellings, multi- - ,s"t family dwwllings, townhouses and neighborhood `~~' ~` convenience commercial. -0~ y ~ ~ S~tF.~ _ _ ~ ~~:-,.,~:u4., ..., ., ....--e -i+s, - .. _._».. - _...:,Svsdiai4il~i:...._..: vli..rfliw:. q.awsr:.:i.~: _•.1~: a.adID~"f~'.b-,u.Y~r~€Lfc`~.3.x- .sue=~~_~ta...~.`a~azu..~i~i. Council Letter No. 10 -3- January 9, 1978 ,r :' Staff Review b; The zoning ordinance allows apartments to be located in "MR" zoning ..district upon receiving an apartment use permit. An apartment use permit is ~~~ considered a special use permit for apartment housing units. The proposed site plan was reviewed based on the following criteria: 1. Comprehensive plan 2. -Conditions for the issuance of a special use permit (Section 3.44, subdivision 5) 3. Special provisions -Group Housing Development (Section 3.37) 4. `.Multi-family district (MR) requirements r r. ~ '. Comprehensive Plan The comprehensive plan indicates medium density multi-family residential 2', use mixed with various other types of residential and compatible residential uses along Penn Avenue from 74th Street to 69th Street, with the exception of the cemetery. The proposed medium density development (17 dwelling unit per acre '..with, floor-.area ratio of 42.7%) conforms to the city's adopted comprehensive ~;~.. :plan land use goals and policies and can be considered as an implementation of ~ > rr ~ those:.- . ~~, .policies . ~~ ~s ~4 ,, , Special Use Permit Issuance Conditions ': The zoning ordinance (3.41, subdivision 5) states that a special use permit ~~' shall not be issued if the .proposed use would bs _detrimental: ,, .,~; "(I) to the health, safety, morals, comfort, convenience or welfare of t ;: the persons residing or working in the neighborhood of such use, or (2) to the public welfare or injurious to the property or improvements in ' `' the neighborhood . " ;lT. The property has, .for a number of years, been anon-conforming retail plant .~ nursery, a tree sales lot and vacant lot which at times has presented an undesir- ~`'= able appearance to-the surrounding neighborhood. The proposed apartment devel- `.~ ~ <` ~~ opment would be a use conforming to the zoning and the comprehensive plan and the site cleanup resulting from this project would have a positive effect on the neighborhood . ~ ~a. `~ _ - ...The traffic volume on Penn Avenue is 17,850 ADT, with peak hours between ~ _, 6;00 and 8:00 a.m., and 4:00 and 6:00 p.m. Traffic records on 70th and Penn indicate the following accident history: y ~ Number of Accidents - 1972-3 ~s~ - .1973-1 . ,.,~;:~ 1974-4 .. ~::~ 1975-4 ~f _ t~ ~1 ,- ,,, , ._. Y ~t_t ~, Council Letter No. 10 -4- January 9, 1978- y1 ~~ :' ,, ._ ~ Regular traffic counts are not available for 70th Street, and it is, therefore, difficult to furnish accident rate and accident frequency data. The public safety _ department does not feel, however, that the number of accidents at 70th and ~b~~ Penn is extreme, considering the volume of traffic. on Penn Avenue. The proposed development would generate approximately 48 vehicle trip -ends per day, which would not be a substantial number of additional trips on Penn Avenue. The planning director estimates that this would not generate a significant number of additional trips on 70th Street at Penn Avenue either, ~, given the size of the residential neighborhood to the east of Penn Avenue. ~, 'Compliance with the Special Provisions for Group Housing Developments ,~..: The proposed project meets all criteria for compliance with this section of the zoning ordinance except those for which the applicant is requesting variances: The requirements which the project does not meet are as follows: 1. Section 3.37 , subdivision 3 , paragraph 9 , requiring that an ,,: ~ 'interior sideyard adjacent to an "R" zone be no less than 25 feet. The proposed project has only a 23-foot setback. ,,t ~s ~~ `" ~; .., 2. Section 3.37, subdivision 3, paragraph I1, requiring a sideyard ~4z :: '~`~ ~' of a street side parking Iot be no less than IO feet. The proposed ~,# ",. ~° ,.;~ "~{ project has only a five foot setback. t ~,4" :^ 3. Section 3.37, subdivision 3, paragraph 13, requiring living spaces for multiple family developments of 300 square feet per unit. The _ =,y.,,:' proposed development only provides 200 square feet per unit. -~~' . ~= Compliance with the Multi-Residence District (MR) Reguirements_ ~~i' ~`, `The proposed project meets all requirements of this section of the zoning ,_; r F ,`~ $,"" ordinance except. the requirement that each dwelling located on a corner lot " have a side street sideyard of 30 feet. (Section 3.31,. subdivision 3, paragraph ~~~,~',,' 2 and. Section 3.30, subdivision 4, paragraph 3). The proposed project has a .,`~,f side street sideyard of only 29 feet. ;4'. - - - i, r _ The staff has reviewed this proposal for the conditions which must exist `~`~~,; ," before a variance may be granted: g~i .. - _ ~~ a' 1 hat there are s ecial circumstances or conditions affect in the " T p ~.- ~~~~~`' .: particular land, building or use referred to in the application, not r~.s;,- common to other eroperties in this or similar districts. ~y It is the opinion of. the staff that there are no•special circumstances affecting this ~`~ ~ particular land, building or use. There are characteristics of corner lots which ~' reduce- the buildable area of the lot, but these must be addressed on all corner ~f lots and not just this lot. However, it should also be noted that of the four ,. ~rt y ~' ~ y _ _ _ ~ ~ - - - i •? n ~ b•-f ~/" -vSF.:~- r - a ..._ ~ .. ~ -~.. ., r...--. . -. ... ,.«_.s. .._...•-~...-4 ~~..w ..~ .., ..u:_ ~Sr.w~373e°:7C'~C+.r.~~s ~Yru'L°Ga~!#' ~ ~ ~;i~ri."f' . • ~ Council Letter No. 10 -5- January 9 , 1978 neighboring corner lots, three have side street setbacks of less than the required 30 feet. • ~: 2. That the granting of the application is necessary for the preser- vation and enjoyment of substantial property rights, It is the opinion of the staff that the variances are not necessary for the preservation of property rights. Denial of the variances does not preclude the applicant from developing the site. The lot is of adequate size that it can be developed for single family, or multi-family use within the requirements of the . zoning ordinance. 3, That the granting of the application will not materially affect the _ health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious -to property or improvements in the neighborhood . It is the opinion of the staff that the proposal represents a substantial im- provement to the property and investment in the neighborhood and, therefore, would not be detrirriental to the health, safety or to the public welfare. ~' ` - Staff Recommendation In reviewing the request for a special use permit, the staff has determined . that the proposed development is in compliance with the city's comprehensive plan., -with .the development goals of the .city., and would substantially improve the neighborhood. However, because the proposed development does not meet the three re- quirements which must exist for issuing a variance, the staff must recommend that the requested variances and, thus, the special use permit, be denied. Planning Commission Recommendation ', ,: , The planning commission reviewed the request for variances and special use permit at their regular meeting of December 20, 1977. The planning commission voted 7-0 to recommend that the city council grant the four variances as follows; 1. To allow a six unit, three story apartment building to reduce an interior sideyard adjacent to an "R" zone from the 25 feet. required- by Section 3.37, subdivision 3, paragraph 8, to a distance of 23 feet. 2 , To allow the 70th Street side street sideyard to be reduced from 30 . feet as required in Section 3.31, subdivision 3, paragraph 2 (as in "R" districts, to 29 feet, ~~ n ~ - ~, _ ~"ry ~ ~ ;« ,: TM _,.; ~~ - .,....w ~ ._......M.. ,~aa.,,.s~x.~. ~:.a~.....:- .. -~ ~~~. µ {~°-~ouncil Letter No. 10 -6- January 9, 1.978 3. To allow 70th Street side street sideyard of the parking lot to ,,.~ be reduced from 10 feet as required in Section 3.37, subidivision ~~ ^- 3, paragraph 11, to S feet. 4. To allow the reduction of the required outdoor living spaces from 300 square feet per unit as required by Section 3.37, subdivision RESOLUTION NO. " ~ RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION N0.80-5, CONTRACT N0.2324 Colonial Properties 4532 France Avenue South Minneapolis, Minnesota 55410 Location: 6945 Penn Avenue South Use: 3 story,6 unit Condominium and a 6 stall garage BE IT .RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the proposed geometric layout of the off-street parking as contained in Off-street Parking Contract No.2324 is hereby approved subject to and. upon completion of performance of the contract for such off-street parking as hereinafter authorized. 2. That the proposed off-street parking contract for the improvement of said off-street parking, bearing Contract No. 2324 be placed on file and that the manager be authorized to sign said contract and the clerk be authorized to seal the same for and on behalf of the City. 3. That the off-street parking operator provide the City of Richfield with Surety in the form of cash, passbook saving with- drawal authority, or performance bond in an amount to be determined by the Community Development Director and City Manager, to ensure the off-street parking lot is constructed within the terms and regulations of the Off-street Parking Agreement with the following stipulations 1. That the necessary variances be obtained. 2. That the proposed elevations of the site be approved by the city engineer to ensure proper drainage on the site and surrounding properties. 4. That the responsibility for the proper upkeep and maintenance of said off-street parking lot shall remain the responsibility of the off-street parking operator in accordance with Ordinance Code 4.05. Adopted by the City Council of the City of Richfield this 14th day of July, 1980. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, Acting City Clerk