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02-08-2022 Resolution No. 11943Resolution No. 11943 1 RESOLUTION NO. 11943 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RESTAURANT AND RETAIL MARKET AT 2900 66TH STREET WEST SUITE 2900 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 and retail market at property commonly known as Southdale Square, addressed as 2900 66th Street West, and legally described as follows: Lot 1, Block 1, Southdale Square, 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 January 24, 2022 meeting; and WHEREAS, notice of the public hearing was published in the Sun Current and mailed to properties within 350 feet of the subject property on January 13, 2022; 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.18; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued to allow a Class I Restaurant and Retail Market, as described in City Council Letter No. 18, 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 permit.  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 January 6, 2022, and compliance with all other City and State regulations. Resolution No. 11943 2 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 8th day of February 2022. _______________________ Maria Regan Gonzalez, Mayor ATTEST: ___________________________ Kari Sinning, City Clerk