03-22-2022 Resolution No. 11954Resolution No. 11954 1
RESOLUTION NO. 11954
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT FOR A RESTAURANT
AT 4 - 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 III (Fast Food/Convenience) restaurant at
property commonly known as Richfield Shoppes, addressed as 4 - 66th Street East, and
legally described as follows:
Lots 1-15 inclusive except that part of Lot 9 lying south of the north 49,00 feet thereof
and east of the west 38.00 feet of said Lot 9, Town’s Edge, 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 conditional use permit at its February 28, 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 February 17, 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. 42; 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 III Restaurant, as described in City
Council Letter No. 42, 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 13, 2022, 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 22nd day of March
2022.
_______________________
Maria Regan Gonzalez, Mayor
ATTEST:
___________________________
Kari Sinning, City Clerk