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07-12-2022 Resolution No. 11988Resolution No. 11988 1 RESOLUTION NO. 11988 RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW SOCIAL, MEETING, AND OFFICE SPACE FOR USE BY MINNESOTA INDEPENDENCE COLLEGE AND COMMUNITY AT 2000 - 76TH STREET WEST WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2019 to guide the development of the community; and WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist in implementing the Comprehensive Plan; and WHEREAS, an application has been filed with the City of Richfield, which requests an interim use permit to allow Minnesota Independence College and Community (MICC) (the “Applicant”) to develop space for social, meeting, and office uses at property legally described as follows: The South 183.1 feet of the following described tract: That part of the South 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 33, Township 28, North, Range 24, West of the 4th principal meridian described as follows: Beginning at a point on the South line thereof distant 983.1 feet East of West line thereof; thence North parallel with the West line thereof 328.1 feet to a point; thence West on line parallel with the South line thereof 131 feet to a point; thence South line on line parallel with the West line thereof 328.1 feet to a point; thence East on a straight line 131 feet to the place of beginning, Hennepin County, Minnesota. WHEREAS, the Property is zoned Single Family Residential (R); and WHEREAS, office and meeting space uses are not permitted as a principal use of property in this zoning district; and WHEREAS, the City Council finds that the temporary nature of the proposed interim use eliminates the adverse effects the prohibition was intended to prevent; and WHEREAS, the Planning Commission held a public hearing on June 27, 2022 to review the application for an interim use permit, following mailed and published notice as required by law; and WHEREAS, the City Council has reviewed all materials submitted by the Applicant; considered the oral and written testimony offered by the applicant and all interested parties; and has now concluded that the application is in compliance with all applicable standards and can be considered for approval. Resolution No. 11988 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The proposed interim use permit request meets all applicable conditions and restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance except as follows: The proposed interim use is not a permitted primary use in the Single Family Residential (R) Zoning District. In accordance with Subsection 547.15, Subd. 3e, the City Council finds that the temporary nature of the interim use eliminates the detriment that a non-residential primary use will have to a residential area. The property is located on a corner lot, and is adjacent to other single family residential properties to the north, west, and east. The Best Buy headquarters building lies to the south. Woodlake Lutheran Church, Richfield Middle School, and numerous multi-family properties are also located nearby. Minnesota Independence College and Community has operated out of the Colony Apartments located one block to the east for over 20 years. 2. An interim use permit for social, meeting, and office space by Minnesota Independence College and Community at the property legally described above, as described in City Council Staff Report No. 102 is approved with the following conditions: a. The interim use permit will expire five (5) years from the date of approval (tentatively July 12, 2022) or upon violation of the conditions under which the permit was issued, whichever occurs first. b. The interim use permit shall be reviewed periodically by the City to ensure compliance with the conditions set forth in this resolution. c. The annual monitoring fee, as dictated by City Code, will apply. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of July 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk