09-25 Resolution No. 11546 - REVISED
RESOLUTION NO. 11546
RESOLUTION REVOKING A CONDITIONAL USE PERMIT
FOR A RESTAURANT AT
6601 NICOLLET AVENUE S
WHEREAS
, on May 9, 2017 the City Council approved Resolution No. 11361,
granting a conditional use permit and variances to allow the operation of a traditional /
cafeteria (class II) restaurant at property commonly known as 6601 Nicollet Avenue S,
legally described as:
Lots 10, 11, and 12 except road, GOODSPEED’S FIRST PLAT, Hennepin
County, Minnesota
WHEREAS
, Resolution No. 11361 stated that the City will “regulate this
\[restaurant\] use as a preexisting restaurant site as described in Subsection 544.27,
Subdivision 1, Part (c). The applicant shall provide plans for a professionally designed
odor control remedy and a statement by a structural engineer that the building design
could accommodate the planned odor control and associated screening in the future.
Subsequent complaints of odor impacts may result in the requirement that the planned
odor control device be installed”; and
WHEREAS
, in the months of February – April 2018, the City received a series of
complaints regarding cooking odors impacting the surrounding neighborhood; and
WHEREAS
,on April 26, 2018, City staff notified restaurant management of the
requirement to install odor control equipment within 90 days, with a deadline of July 26,
2018; and
WHEREAS,
on August 3, 2018, a Mechanical Permit application was submitted
to the Inspections Division and City staff granted a 30-day extension, with a new
deadline of August 26, 2018 to complete installation of odor control equipment; and
WHEREAS
, the original 90-day deadline and 30-day extension deadline have
now passed, and the City has received no further communication from Lakes Buffet
management as to when installation is expected to occur. The City has continued to
receive complaints of cooking odors impacting the surrounding neighborhood. On
September 7, 2018, City staff sent a notice stating that noncompliance with City
Ordinances would result in revocation of the conditional use permit which allows the
restaurant to operate, and informed Lakes Buffet of the public hearing date; and
WHEREAS
, the City Council held a public hearing on September 25, 2018 to
hear testimony and consider revocation of the conditional use permit for a buffet
restaurant at 6601 Nicollet Avenue S; and
WHEREAS
, the City has fully considered the revocation of the conditional use
permit.
NOW, THEREFORE, BE IT RESOLVED
, by the City Council of the City of
Richfield, Minnesota, as follows:
1. Effective on Friday, October 26, 2018, the conditional use permit is revoked
for a class II restaurant on the Subject Property legally described above, for
Resolution No. 11546
failure to install odor control equipment as described in City Council Staff
Report No. 166.
2. Should odor control equipment be purchased in full, to the satisfaction of the
Community Development Director, prior to October 26, 2018, the effective
date of revocation of the conditional use permit shall be extended by 60 days
to December 25, 2018 [or the next business day]. Should the odor control
equipment be installed per approved plans and pass inspection by the
Inspections Division prior to December 25, 2018, the conditional use permit
shall not be revoked.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
September, 2018.
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Pat Elliott, Mayor
ATTEST:
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Eliza eth Van/Hoose, City Clerk
Resolution No. 11546