06-11 Resolution No. 11631
RESOLUTION NO. 11631
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT FOR A
TAKE-OUT ONLY RESTAURANT
AT 7120 CHICAGO AVENUE
WHEREAS
, an application has been filed with the City of Richfield which requests
approval of a conditional use permit to allow a Class IV (take-out only) restaurant at property
commonly known as 7120 Chicago Avenue and legally described as:
The South 190 feet of the North 402.52 feet of the East 1/8 of the South half of the
Northwest Quarter of Section 35, Township 28, Range 24, Hennepin County, Minnesota.
WHEREAS
, the Planning Commission of the City of Richfield held a public hearing for
the requested conditional use permit at its May 29, 2019 meeting; and
WHEREAS
, the Planning Commission recommended approval of the conditional use
permit for a restaurant; and
WHEREAS
, notice of the public hearing was published in the Sun Current on May 16,
2019 and mailed to properties within 350 feet of the subject property on May 14, 2019; and
WHEREAS,
the requested conditional use permit meets the requirements necessary for
issuing a conditional use permit as specified in Richfield’s Zoning Code, Subsection 547.09;
and
NOW, THEREFORE, BE IT RESOLVED
, by the City Council of the City of Richfield,
Minnesota, as follows:
WHEREAS
1. The City Council adopts as its Findings of Fact the clauses set forth above.
2. A conditional use permit is issued to allow a Class IV (take-out only) restaurant on the
Subject Property legally described above.
3. This conditional use permit is subject to the following conditions in addition to those
specified in Section 547.09 of the City’s Zoning Ordinance:
A recorded copy of the approved resolution must be submitted to the City prior to the
issuance of a building permit.
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 property line. Required plantings must be in
accordance with Zoning Code Section 544.03.
The trash enclosure must have gates added to screen the trash containers,
preferably made of wood privacy fence.
The parking lot must be striped in accordance with the approved site plan.
Resolution No. 11631
Two bicycle parking spaces must be provided in accordance with Zoning Code
Section 544.17.
Odor control systems are required to mitigate cooking odors in accordance with City
Code Subsection 544.27.
All 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
May 9, 2019, and compliance with all other City and State regulations.
Prior to the issuance of an occupancy permit, the applicant must submit a surety
equal to 125% of the value of any improvements and/or requirements not yet
complete. This surety shall be provided in the manner specified by the Zoning
Code.
4. The conditional use permit shall expire one year after issuance unless 1) the use for
which the permit was granted has commenced; or 2) Building permits have been issued
and substantial work performed; or 3) Upon written request of the applicant, the Council
extends the expiration date for an additional period not to exceed one year. Expiration is
governed by the City Zoning Ordinance, Section 547.09, Subdivision 9.
5. This conditional use permit shall remain in effect for so long as conditions regulating it
are observed, and the conditional use permit shall expire if normal operation of the use
has been discontinued for 12 or more months, as required by the City's Zoning
Ordinance, Section 547.09, Subd. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of June
2019.
aria Regan Gon ez, Mayor
ATTEST:
i-71A' '75-e-
Eliza eth Clan oo e, City Clerk
Resolution No. 11631