05-08 Resolution No. 11496
RESOLUTION NO. 11496
RESOLUTION GRANTING APPROVAL
OF AN AMENDMENT TO A CONDITIONAL USE PERMIT
AND VARIANCE AT
308 78TH STREET EAST
WHEREAS
, an application has been filed with the City of Richfield which
requests approval of an amendment to a conditional use permit for expansion of a legal
nonconforming residential treatment facility/supervised living facility on the parcel of
land located at 308 78th Street East (the “Property”), legally described in the attached
Exhibit A; and
WHEREAS
, the Planning Commission of the City of Richfield held a public
hearing and recommended approval of the requested amended conditional use permit
and variance at its April 23, 2018 meeting; and
WHEREAS
, notice of the public hearing was published in the Sun Current
newspaper and mailed to properties within 350 feet of the subject property; and
WHEREAS
, the proposed amended conditional use permit includes an
expansion or intensification of a legally nonconforming use. The intensification of use
will increase capacity of a residential treatment facility/supervised living facility by 14
percent to a total of 32 beds; and
WHEREAS
, the City Code allows for the expansion of legal nonconforming uses
in the Mixed Use Districts by up to 10 percent; and
WHEREAS
, Minnesota Statutes Section 462.357, Subdivision 6, provides for the
granting of variances to the literal provisions of the zoning regulations in instances
where their enforcement would cause “practical difficulty” to the owners of the Property
under consideration; and
WHEREAS
, based on the findings below, the Richfield City Council approves the
requested variance from Richfield City Code Subsection 537.13, Subdivision 1; and
WHEREAS
, the City has fully considered the request to amend the conditional
use permit; and
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 existing use is legally nonconforming and can continue indefinitely.
c. The existing building is legally nonconforming and can continue
indefinitely.
Resolution No. 11496
d. Code states that the Council can approve the expansion of legally
nonconforming uses by up to 10 percent of the gross floor area in the
Mixed Use Districts. The proposed expansion or intensification of use will
increase capacity by 14 percent. A variance from Subsection 537.13 is
required.
e. Code states that the Council can approve the expansion of legally
nonconforming uses that do not significantly impede implementation of
goals and policies of the Comprehensive Plan.
2. With respect to the application for a variance to allow the expansion of a legally
nonconforming use by more than 10 percent, the City Council makes the
following findings:
a. Strict enforcement of Richfield Zoning Code Subsections 537.13,
Subdivision 1 would cause a practical difficulty in that the facility would not
be allowed to be used to its full capacity. The applicant is proposing to use
the site in the same manner that is has been used historically. There are
six rooms of the same layout that are large enough to accommodate three
people, all though only two of the rooms are currently functioning in that
capacity. No physical changes would be needed to add a third bed to the
additional four rooms. It is reasonable to allow improvement of the
facilities for the betterment of clients even if this improvement requires an
intensification of use that is more than is typically permitted.
b. Unique circumstances affect the Property that were not created by the
land owner. Supervised living facilities are not currently permitted in any
of the City’s Zoning Districts. Not only would it would be difficult to find an
alternative location for the facility, but Progress Valley has been operating
their program from this location for 35 years without any significant
complaints from neighboring properties. It is reasonable to allow
expansion within a neighborhood that has co-existed with the facility for
many years.
c. Granting the requested variance will not alter the essential character of the
neighborhood. The requested variance is not expected to have any
impact on the character of the neighborhood.
d. The variance requested is the minimum necessary to alleviate the
practical difficulty. This will allow the applicant to increase the capacity of
their facility without undertaking any remodeling activities and is the
minimum necessary to alleviate the practical difficulty.
e. The variances are in harmony with the general purpose and intent of the
ordinance and consistent with the Comprehensive Plan. The proposed
plans are consistent with the general purposes and intents of the Zoning
Ordinance and Comprehensive Plan.
3. Based upon the above findings, a variance is hereby approved to permit the
expansion of a nonconforming use by increasing capacity by 14 percent.
4. Based upon the above findings and variance, the amended conditional use
permit is hereby approved according to the terms of Richfield City Code
Subsection 537.13, with the following additional stipulations:
Resolution No. 11496
• All stipulations of Resolution No. 11001 remain in effect unless specifically
modified by this approval; and
• Annual rental licensing and inspections by the City of Richfield are required;
and
• The recipient of this amended 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 546.05, Subd. 7. Proof of recording
must be provided to the City.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
May 2018.
Pat Elliott, Mayor
ATTEST:
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Elizabeth VanHoose, City Clerk
Resolution No. 11496
Exhibit A
Legal Description
Parcel 1:
The East 125.00 feet of the South 174.00 feet of the South Half of the Southwest Quarter of the
Southeast Quarter of Section 34, Township 28, Range 24, EXCEPT those parts taken for State
Trunk Highway No. 5 and 100 over the South 40 feet thereof, pursuant to Documents No.
1349782 and 1719066.
AND
The West 206.54 feet of the South 120.14 feet of the South Half of the Southeast Quarter of the
Southeast Quarter of Section 34, Township 28, Range 24.
AND
The West 28.05 feet of the North 53.86 feet of the South 174.00 feet of the South Half of the
Southeast Quarter of the Southeast Quarter of Section 34, Township 28, Range 24.
Parcel 2:
Non-exclusive easement for access and utility purposes created pursuant to Driveway Access
and Utility Easement Agreement dated April 16, 2004, recorded January 3, 2005 as Document
No. 8501482, over the following described land:
The North 32.18 feet of the South 206.18 feet of the East 155.00 feet of the South Half of the
Southwest Quarter of the Southeast Quarter of Section 34, Township 28, Range 24.
AND
That part of the North 30.00 feet of the South 204.00 feet of the South Half of the Southwest
Quarter of the Southeast Quarter of Section 34, Township 28, Range 24, lying West of the East
155.00 feet, and lying East of the West 30.00 feet of the East Quarter of said South Half of the
Southwest Quarter of the Southeast Quarter.
AND
The North 32.18 feet of the South 206.18 feet of the West 28.05 feet of the South Half of the
Southeast Quarter of the Southeast Quarter of Section 34, Township 28, Range 24.
Resolution No. 11496