10-12 Resolution No. 11897RESOLUTION NO. 11897
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT FOR A RESTAURANT
AT 817 66TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit to allow a Class I (full service) restaurant at property
commonly known as 817 66th Street East and legally described as follows:
Lots 3, 4, and the East 1 /2 of Lot 2 and the East 10 feet of the North 10 feet of the West
1/2 of Lot 2, Block 3, Terrace Gardens, Hennepin County, Minnesota
WHEREAS, the Planning Commission of the City of Richfield held a public hearing and
recommended approval of the requested conditional use permit at its September 27, 2021
meeting; and
WHEREAS, notice of the public hearing was published in the Sun Current on
September 16, 2021 and mailed to properties within 350 feet of the subject property on
September 14, 2021; 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 as detailed in City Council Staff Report No.159; and
WHEREAS, the City has fully considered the request for approval of the conditional use
perm it;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
A conditional use permit is issued to allow a Class I Restaurant, as described in City
Council Letter No. 159, on the Subject Property legally described above.
2. 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:
That the recipient of this conditional use permit record this Resolution with the
County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's
Zoning Ordinance Section 547.09, Subd. 8. A recorded copy of the approved
resolution must be submitted to the City prior to the issuance of an occupancy
perm it.
The seven parking stalls shown as proof of parking shall be improved at the direction
of the Community Development Director should there be regularly occurring and
documented parking spillover onto adjoining streets. The design of said stalls to be
improved must be approved by the Director.
A final landscaping plan must be submitted prior to the issuance of building permits.
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• All trash must be stored indoors or in the dumpster enclosure constructed on the
subject property in compliance with Zoning Code Section 544.05.
• A professionally -designed odor control system is required with a Type 1 ventilation
hood per Zoning Code Section 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
September 2, 2021, 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.
3. 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.
4. 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 12th day of October
2021.
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Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
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