04-12-2022 Resolution No. 11971Resolution No. 11971 1
RESOLUTION NO. 11971
RESOLUTION APPROVING A SITE PLAN AND
DENYING A VARIANCE FOR OFF-STREET PARKING
FOR A DAYCARE, TAKE-OUT RESTAURANT,
AND EVENT SPACE AT 6436 PENN AVENUE SOUTH
WHEREAS, an application has been filed with the City of Richfield which
requests approval of proposed site plan and off-street parking variance for a daycare,
event venue, and take-out restaurant, located at 6436 Penn Avenue South, property
legally described as:
THAT PART OF THE NORTH 115.9 FEET OF THE SOUTH 270.9 FEET OF
THE EAST 167 FEET OF LOT 1, RICHFIELD GARDENS, WHICH LIES SOUTH
OF THE NORTH 354.5 FEET OF SAID LOT 1, HENNEPIN COUNTY,
MINNESOTA
WHEREAS, the Planning Commission of the City of Richfield held a public
hearing at its March 28, 2022 meeting and recommended approval of the requested site
plan review and denial of a variance; and,
WHEREAS, Zoning Code section 544.13, Subdivision 6, established a minimum
number of required off-street parking spaces for the intended uses at the property,
which totals 43 spaces for this property; and
WHEREAS, Zoning Code section 544.13, Subdivision 8, allows a reduction of
5% of the number of required off-street parking spaces for excess bike parking (4
bicycle spaces is equivalent to 1 parking space) and 10% for proximity to transit (any
parcel which is located within 1/4 mile of a frequently operating transit line), totaling 37
required off-street parking spaces; and,
WHEREAS, the on-site parking spaces provided at the property totals 19; and,
WHEREAS, Zoning Code section 544.13, Subdivision 11, requires that the joint
use of shared parking facilities shall be protected by covenants that run with the lots
housing all the joint users; and,
WHEREAS, a variance to the minimum number of off-street parking of spaces is
requested, and Subsection 547.11 of the Zoning Code states that a variance may only
be granted when all required criteria are met; and,
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property and published in the Sun Current newspaper on March 17, 2022;
and,
Resolution No. 11971 2
WHEREAS, the City has fully considered the request for site plan approval and
variance for off-street parking; and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth
above.
2. The approved site plan is subject to the following conditions:
A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
Prior to the issuance of building permits, the applicant shall obtain shared
parking covenants that satisfy the minimum amount of required off-street
parking. The covenant shall be associated with an off-street parking area
within 500 feet of the property, as measured along an established path of
travel between the parking area and the main entrance, unless shuttle service
is provided, per Zoning Code section 544.13, Subdivision 12. These
covenants shall be reviewed by the City Attorney and the document
containing the covenants shall be recorded with the County.
Department of Human Services license is required requirements before a
Certificate of Occupancy may be granted.
Parking lot must be patched/resurfaced and restriped before a Certificate of
Occupancy may be granted.
All rooftop or ground mechanical equipment must be screened, per Zoning
Code Section 544.05.
Bike racks shall be installed with adequate spatial dimensions.
Separate sign permits are required for each sign.
All properties that contain cooking apparatus which necessitates the
installation of a Type 1 Ventilation Hood (as required by State Building Code)
and that are adjacent to residential properties shall mitigate odors with
professionally-designed odor control remedies.
All required parking spaces shall remain available year round and shall not be
used for snow storage.
A minimum of 20 bike parking spaces are required to be eligible for the 5%
reduction in required off-street auto parking spaces.
The property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with approved plans.
The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City’s Administrative Review Committee
Resolution No. 11971 3
Report dated March 10, 2022, and compliance with all other City and State
regulations.
A surety equal to 125% of the value of any improvements not yet complete
must be submitted to the City before a Certificate of Occupancy may be
granted.
3. The approved site plan shall expire one year from issuance unless the use for
which the permit was granted has commenced, substantial work has been
completed or upon written request by the developer, the Council extends the
expiration date for an additional period, as required by the Zoning Ordinance,
Section 547.13, Subd. 9.
4. With respect to the application for a variance from the above-listed requirements,
the Council makes the following findings:
Strict enforcement of the Zoning Code subsection listed above would not
cause a practical difficulty. Economic considerations alone do not
constitute practical difficulties. The applicant is establishing an allowed
use in an existing building but does not have access to enough on-site
parking spaces to satisfy the minimum requirement. The applicant may
acquire spaces at a nearby property, with a covenant, per joint parking
rules.
No unique circumstances apply to the property which does not apply
generally to other properties in the MU-C/PAC district, or in the vicinity of
Penn Avenue.
The applicant caused the circumstances that led to the variance request,
in choosing to propose an event center at a space without adequate
parking.
The variance requested is not in harmony with the intent of the Zoning
Ordinance. Adequate parking is required for the proposed uses, and
shared parking may be found nearby, per joint parking rules in the Zoning
Code.
Based on the foregoing findings, the application for a variance to the
required minimum amount of off-street parking is denied.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
April, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk