Loading...
05-08 Resolution No. 11497 RESOLUTION NO. 11497 RESOLUTION GRANTING APPROVAL OF A SITE PLAN AND VARIANCES AT 6600 PENN AVENUE WHEREAS , an application has been filed with the City of Richfield which requests approval of site plans for a Class II (traditional/cafeteria) restaurant on the parcel of land located at 6600 Penn Avenue (the “Property”), legally described as: Lots 1 and 2, Block 1, Tingdale Bros. Lincoln Hills, Hennepin County, Minnesota WHEREAS , the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested site plan and variances 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 existing building at 6600 Penn Avenue does not meet various building setback requirements specified in the Mixed Use Community (MU-C) District and impervious surfaces cover 91.25 percent of the site, exceeding the maximum coverage of 80 percent; and WHEREAS , the site does not meet general landscaping and screening requirements, as described in Zoning Code Subsection 544.03; and WHEREAS , the Zoning Code requires a minimum parking lot setback of 8 feet from the right-of-way, while the proposed site plan provides parking lot setbacks of 3 feet along the north property line; and WHEREAS , the Zoning Code requires 21 parking spaces based on the square footage of the building, while the proposed site plan provides 17 spaces; 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 variances from Richfield City Code Subsection 544.13, Subdivision 5 and 6, Subsection 537.07, Subdivision 1, and Subsection 544.03; and WHEREAS , the City has fully considered the request for approval for the site plan with variances; and NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Resolution No. 11497 Richfield, Minnesota, as follows: 1. The City Council makes the following general findings: a. The Property is zoned Mixed Use Community (MU-C) and is located in the Penn Avenue Corridor (PAC) overlay. b. Restaurant Class II uses are permitted in the MU-C District. The Penn Avenue Corridor District provides for a balanced mix of commercial, office and residential uses that together create a cohesive and pedestrian- friendly area. c. The site and building are existing and were previously used as a Bruegger’s Bagels restaurant from 1996 to 2014. Reuse of this building on this site in any fashion will require variances. d. Code states that the maximum front setback shall not exceed 15 feet and side and rear setbacks for a principal building shall not be less than 5 feet. The existing setbacks are 23.5 feet, 67 feet, and 1 foot, respectively. Code states that the maximum impervious surface area shall not exceed 80%. The proposed impervious surface area is 91.25%. Variances from Subsection 537.07, Subd. 1 are required. e. Proposed landscaping and screening plans do not meet several requirements. A variance from Subsection 544.03 is required. f. Code states that the minimum parking lot setback is 8 feet from the right- of-way. A variance from Subsection 544.13, Subd. 5 is required. g. Code states that the minimum number of off-street parking spaces required for a Class II Restaurant is 10 per 1,000 square feet of gross floors area. A variance from Subsection 544.13, Subd. 6 is required. 2. With respect to the application for variances from the above-listed requirements, the City Council makes the following findings: a. Strict enforcement of the Richfield Zoning Code Subsections listed above would cause a practical difficulty. The existing property cannot be used in any fashion without variances. It is reasonable to allow the reuse of an existing building on an existing lot. 17 spaces are available on the property and no space exists to create additional parking. b. Unique circumstances affect the Property that were not created by the land owner. The building was constructed in 1951 and expanded in 1996, prior to the adoption of current Codes. These circumstances were not created by the land owner. c. Granting the requested variances will not alter the essential character of the neighborhood. The requested variances will allow for the reuse and improvement of a vacant building. The improvements proposed will benefit the surrounding neighborhood by improving the aesthetics of the site, particularly along Penn Avenue. No negative impacts are expected. d. The variances requested are the minimum necessary to alleviate the practical difficulty. The proposed variances are the minimum necessary to reuse this property. 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. Resolution No. 11497 3. With respect to the proposed site plan, the City Council finds that it will adequately serve the purpose for which it is proposed and will not have adverse effect upon the public safety or general welfare. 4. Based upon the above findings, variances to the above-specified requirements are hereby approved. 5. Based upon the above findings and variances, the proposed site plan is hereby approved according to the terms of Richfield City Code Subsection 547.13 with the following additional stipulations: • That the recipient of this approval record this Resolution with Hennepin County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and Richfield Zoning Ordinance Section 547.11, Subd. 7. Proof of recording is required prior to the issuance of a building permit; • The customer entrance(s) shall be covered by awning or alternative covered entrance approved by the Community Development Director. All existing awnings and exterior building lighting shall be replaced or repaired. • The applicant shall submit a final landscaping plan to be approved by the Community Development Department, including further detail of the proposed landscaping areas along the east and north property lines. Required plantings must be maintained to meet the intent of the Penn Avenue Design Guidelines. • The building exterior shall be repaired and repainted as necessary, including the trash enclosure. Bicycle parking must be provided. • Any new 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 April 5, 2018, and compliance with all other City and State regulations. Permits are required prior to commencement of any work. • Prior to the issuance of an occupancy permit, the applicant shall submit a surety equal to 125% of the value of any improvements not yet complete (based on two bids including labor cost). • This approval shall expire one year from the date of approval unless the use has commenced or a building permit has been obtained and construction begun. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of May 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk Resolution No. 11497