05-14 Resolution No. 11624
RESOLUTION NO. 11624
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN AND VARIANCE AT
6433 PENN AVENUE S
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 6433 Penn Avenue S. (the “Property”), legally described as:
The North 75 feet of the West Half of the South 219.2 feet of the North 657.6 feet
of the North Three Quarters of the West Quarter of the Southwest Quarter of the
Northwest Quarter of Section 28, Township 28, Range 24, in the Village of Richfield,
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 variance at its April
22, 2019 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 Zoning Code requires 15 parking spaces based on the square
footage of the building, while the proposed site plan provides 13 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 variance from Richfield City Code Subsection 544.13, Subdivision. 6; 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
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.
Resolution No. 11624
c. The site and building are existing and were previously used as a Vacuum
and Sewing machine repair and retail store.
d. 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 a variance 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. It would be difficult to reuse the existing
property without a variance. It is reasonable to allow the reuse of an
existing building on an existing lot. Limited 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 1953, prior to the adoption of
current Codes. These circumstances were not created by the land owner.
c. Granting the requested variance will not alter the essential character of the
neighborhood. The requested variance will allow for the reuse and
improvement of an existing building. The improvements proposed will
benefit the surrounding neighborhood by improving the aesthetics of the
site and bring new customers to the Penn Avenue Corridor. No negative
impacts are expected.
d. The variances requested are the minimum necessary to alleviate the
practical difficulty. The proposed variance is 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.
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, a variance to the above-specified requirements
is hereby approved.
5. Based upon the above findings and variance, 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;
At least one bicycle parking spot is required.
The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City’s Administrative Review Committee
Report dated March 21, 2019, and compliance with all other City and State
regulations. Permits are required prior to commencement of any work.
The applicant must install professionally-designed odor control remedies if a
Type 1 ventilation hood is required;
Resolution No. 11624
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 14th day of
May 2019.
01 L�
Maria Regan Gon tit:z, Mayor
ATTEST:
Elizabeth VanH.•se, Ci y Clerk
Resolution No. 11624