03-12 Resolution No. 11615
RESOLUTION NO. 11615
RESOLUTION REVOKING A CONDITIONAL USE PERMIT
FOR A RESTAURANT AT 6601 NICOLLET AVENUE SOUTH
WHEREAS
, on May 9, 2017, the City Council approved Resolution No. 11361,
granting a conditional use permit (“CUP”) and variances to allow the operation of a
traditional/cafeteria (class II) restaurant at property commonly known as 6601 Nicollet
Avenue S. (a/k/a “Lakes Buffet”) and 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 passed
and the City received no further communication from the property management as to
when the installation would occur and the City continued to receive complaints from the
neighborhood about cooking odors; and
WHEREAS
, City Code subsection 547.09, subd. 14(b) provides that if an
apparent violation of a CUP exists, the Director shall mail a notice of violation to the
property owner or the owner’s agent and to any other person conducting the use for
which the conditional use permit was granted;
WHEREAS
, on September 7, 2018, City staff sent a notice to Lakes Buffet,
copying property management, identifying the violations and stating that noncompliance
with City ordinances would result in revocation of the restaurant’s CUP and informing
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Resolution No. 11615
them of the public hearing date; and
WHEREAS
, the City Council held a public hearing on September 25, 2018 to
consider revocation of the conditional use permit and no representative of Lakes Buffet
or the property owner appeared or spoke at the public hearing;
WHEREAS
, on September 25, 2018, the City Council adopted Resolution 11546
providing that the conditional use permit would be revoked as of October 26, 2018
unless the restaurant could demonstrate, to the satisfaction of the Community
Development Director, that it purchased the necessary odor control equipment, in which
case, the effective date of revocation of the conditional use permit would be extended
by 60 days to December 25, 2018 (or the next business day) allowing for additional time
to install the equipment; and
WHEREAS
, Lakes Buffet purchased the odor control equipment by October 26,
2018, but did not install the equipment by December 26, 2018; and
WHEREAS
, on January 10, 2019, a City Mechanical Inspector conducted a first
inspection at the property, observed that the odor control unit had been partially
installed, and scheduled a second inspection for January 24, 2019; and
WHEREAS
, the Inspector conducted the second inspection on January 24, 2019
and concluded that final completion of the installation could be done within two to four
weeks; and
WHEREAS
, on February 7, 2019, the Community Development Director sent a
letter to Lakes Buffet, copying property management, stating the odor control must be
operational and pass final inspection by February 25, 2019 or that steps would be taken
to revoke their approvals and halt restaurant operations; and
WHEREAS
, on February 20, 2019, city staff received a written response from
Lakes Buffet requesting an extension to March 20, 2019 to complete the installation;
and
WHEREAS
, on February 26, 2019, the Community Development Director sent a
letter to Lakes Buffet, copying property management, that due to continued
noncompliance, the Council would once again be considering revocation of the
conditional use permit at its meeting on March 12, 2019; and
WHEREAS
, on March 12, 2019, the City Council fully considered the history of
noncompliance at the property and events that occurred subsequent to the Council’s
initial action on the conditional use permit on September 25, 2018, as well as the
restaurant’s request for an extension; and
WHEREAS
, City Code subsection 547.09, subd. 14(g) provides that “\[i\]f a
conditional use permit is revoked, all uses and activities which are permitted only by
such conditional use permit shall immediately cease. . .”
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Resolution No. 11615
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. The above-stated recitals are the Findings of the City Council.
2. This Resolution supersedes Resolution 11546 adopted by the Council on
September 25, 2018.
3. Effective at 12:00 a.m. on Wednesday, March 13, 2019, the conditional use
permit for a class II restaurant on the property legally described above is revoked
for failure to install odor control equipment as described in City Council Staff
Report No. 42. All restaurant operations must immediately cease on the effective
date and time of revocation of the CUP.
4. If the odor control system is fully operational and passes final inspection by May
31, 2019, the revoked CUP may be reinstated administratively by the Community
Development Director and the restaurant may reopen if all required permits and
licenses are in compliance with City Ordinances. If the system does not pass
final inspection by May 31, 2019, the CUP is revoked permanently and an
application for a new CUP must be submitted to the City in order for a restaurant
use to reopen at this property.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March,
2019.
Ca\ V,L )16(7—
Maria Regan Gonzalez, ayor
ATTEST:
' /.4 Art L7
Elizabe' VanHoose, City Clerk
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Resolution No. 11615