87-7360R30
RESOLIITION H0. 7360
RESOLIITZOIQ DENYING 11 CONDITIOIiAL
USE PSRl~IIT FaR 1~1N 1~IIT0![ATIC CAR
TdASH FACILITY AT 66tH PSNR aVE11QE
8E YT RESOLVER by the City Council of the City of Richfield,
Minnesota as follows:
Section I. Recitals.
1.01. Amoco OiI Company (Amoco) has requested a condi-
tional use permit (CUP) to permit construction of a detached 16.8
foot by 4Q~.3 foot automatic car wash facility at the existing
Amoco service station store at 6601 Penn Avenue South.
1.02. The proposed car wash would replace the existing pump
islands and canopy. located on the east side of the service
station Store. The structure would be located five feet from the
main store and I9'8" from the east property line of the site.
The car wash would operate 24 hours per day. .
1.03. The subject site is located in a C-2 general commer-
cial zoning district. A service station stare with an automatic
car wash is permitted in a C-2 general commercial zoning district
with a CUP. The existing service station store has a CUP and the
expansion of the existing use to include an automatic car wash
necessitates a new CUP.
I.04. The land use surrounding the subject site is commer-
cial to the west, south and north and single family residential
to the east.
I.05. The City has received at least one complaint from
persons residing near the subject property regarding excessive
noise from the current use of the site.
Section 2. Zoning ordinance and comprehensive plan require-
ments. '
2.01. Section 545.09, subd. 3 of the Richfield City Code
prohibits the granting of a CUP unless the City Council finds
that "the establishment, maintenance or operation of the use for
which the conditional use permit is sought will not under the
circumstances of the particular case be detrimental, (i} to the
health, safety, morals, comfort, convenience or welfare of the
persons residing or working in the neighborhood of the use, or
(ii) to the public welfare o. injurious to property or improve-
ments in the neighborhood."
2.02. Section 545.09, subd. 6 of the RichfielQ City Code
prohibits the granting of a CU? unless the City Council Finds
Resolution No. 7360
that "the establishment, maintenance or operation of the use for
which the conditional use pe it is sought is in compliance with
the comprehensive municipal plan "
2.03. The City's com}
statement committing the Cit:
Iishments so as to achieve
repair. The quality of a }
proper storage of trash and
control of noise, Light and t
considered important to the
development$."
Section 3. Findings.
3.01. There is no yeast
conclusion that the Amoco c
with the standards of the t
made at the public hearing
attempt to comply with the ~
and that it would "work with
insufficient assurances that
requirements.
~rehensive plan contains a policy
`1T)to regulate commercial estab~
a high standard of maintenance and
wilding and landscape design, the
the maintenance of the yard, the
dons and. many other factors will be
acceptance of proposed commercial
noble evidence upon which to base a
sr wash will operate in compliance
ity's noise ordinance. Statements
on behalf of Amoco that it would
toise ordinance "within its budget'
staff" to demonstrate compliance are
the car wash will meet ordinance
3.02. Because the car wash will operate 24 hours per day
within 20 feet of propertyused for single family residential
purposes, the car wash will of meet the requirements of Section
545.09, subd. 5 of the Richfi~,eld City Code.
Section 4. CUP denied.
4.01. Based upon the above, the request by AmOCO for a CUP
for an automatic car wash ate the service station store at 6501
Penn Avenue is hereby denied.)
Passed by the City Council of the City
this 28th day of September, 1987.,, /
f~ Richf field, Minne-
2