02-14 Resolution No. 12071
RESOLUTION NO. 12071
RESOLUTION APPROVING A SITE PLAN;
A ONE STALL PARKING VARIANCE;
A 4 SQUARE FOOT SIZE VARIANCE AND A 2 FOOT SETBACK VARIANCE
FOR A FREESTANDING SIGN, ALL
AT 6436 PENN AVENUE SOUTH
WHEREAS, an application has been filed with the City of Richfield which
requests approval of proposed site plan, off-street parking variance, sign size variance,
and sign setback variance, all for a change of use from wholesale business to office 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 January 23, 2023 meeting and recommended approval of the requested
site plan and variances; and,
WHEREAS, Zoning Code Section 544.13, Subdivision 6, establishes a minimum
number of required off-street parking spaces, which totals 28 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), bringing the
total required off-street parking spaces down to 24; and,
WHEREAS, the applicant is proposing a reconfiguration of the exterior site
layout, bringing the total amount of off-street parking spaces provided up to 23; and,
WHEREAS, Zoning Code Section 549.21, Subd.5 requires that no part of any
freestanding sign be located less than 14 behind the curb of an adjacent street; and
WHEREAS, the existing freestanding sign is currently located 7 feet from the
street curb, but once relocated will be 12 feet from the curb; and
WHEREAS, Zoning Code Section 549.23, Subd.2.a establishes the maximum
height for a freestanding sign in the MU-C district as 20 feet and the maximum size as
100 square feet; and
WHEREAS, the existing freestanding sign is currently 22 feet tall and 138 square
feet in size and will be reduced to 20 feet tall and 104 square feet in size when
relocated; and
WHEREAS, the current freestanding sign location hinders public sidewalk
maintenance due to its proximity to a utility pole, causing a pinch point for machinery;
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 January 12,
2023; and,
WHEREAS, the City has fully considered the request for site plan approval and
variances;
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 City Council further adopts as its Findings of Fact the findings listed in the
Required Findings Statement.
3. The requested site plan and variances are hereby approved subject to the
following conditions:
a. Should off-site parking (associated with this business) become an issue in the
future, the property owner will work with the City to adjust practices or modify
procedures (eg: meeting times, employee schedules, hours of operation, etc.)
as necessary to ensure that the parking demand created by the business
does not exceed the amount of parking provided on site.
b. Separate sign permits are required for any new or relocated sign.
c. All required parking spaces shall remain available year-round and shall not be
used for snow storage.
d. The property owner is responsible for the ongoing maintenance of all
landscaping in accordance with approved plans.
e. The applicant is responsible for obtaining all required permits, and
compliance with all other City, County and State regulations.
f. No lighting changes are proposed or approved.
g. The size variance for the sign is to facilitate the reuse of the existing frame. If
the frame of the sign is rebuilt, its size should be reduced to comply with
code.
Prior to the issuance of a building permit, the applicant shall:
h. Provide a SAC determination from the Met Council.
i. Provide proof of having recorded a copy of this resolution of approval.
j. Execute the reciprocal access easement agreement.
k. Provide a detailed landscaping plan for staff review and approval, showing
number, size, species, and location of plants.
l. Provide bike rack details and specifications for staff review and approval.
m. Provide grading details for how the ADA requirements will be met.
Prior to the issuance of a Certificate of Occupancy, the applicant shall:
n. Provide a surety equal to 125% of the value of any improvements not yet
complete.
o. Regrade the lot and/or sidewalk in the area of the ADA parking to meet ADA
requirements.
p. All parking areas must be patched/resurfaced and restriped.
q. Bike racks shall be installed according to manufacturer’s specifications.
Prior to the release of the surety, the applicant shall:
r. Extend the Penn Avenue curb as shown on the plan.
s. Install directional signage.
t. Relocate and lower the freestanding sign, and paint or refinish the poles.
u. Install all landscaping and raised planters.
v. Provide proof of having recorded the reciprocal access easement agreement.
4. This approval 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 applicant, the Council extends the expiration date for
an additional period, as required by the Zoning Ordinance, Section 547.13, Subd.
9.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
February, 2023.
Mary B. Supple, Mayor
ATTEST:
Chris Swanson, Acting City Clerk