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06-13 Resolution No. 12099RESOLUTION NO. ______ RESOLUTION APPROVING A SITE PLAN AND A TWO STALL PARKING VARIANCE AT 6626 PENN AVENUE SOUTH WHEREAS, an application has been filed by Afghan Halal Supermarket with the City of Richfield which requests approval of a two stall off-street parking variance, and a proposed site plan for a partial change of use from office to retail at 6626 Penn Avenue South, property legally described as: LOT 8, BLOCK 1, TINGDALE BROS., LINCOLN HILLS, HENNEPIN COUNTY, MINNESOTA WHEREAS, the Planning Commission of the City of Richfield held a public hearing at its May 22, 2023 meeting and recommended approval of the requested site plan and variance; and WHEREAS, the property is currently half retail, half office; and WHEREAS, Zoning Code Section 544.13, Subdivision 6, establishes the minimum number of required off-street parking spaces, which totals eleven spaces for the property to be entirely retail; and WHEREAS, Zoning Code Section 544.13, Subdivision 8, allows a reduction of five percent of the number of required off-street parking spaces for excess bike parking (four bicycle spaces is equivalent to one parking space) and ten percent for proximity to transit (any parcel which is located within a quarter mile of a frequently operating transit line), bringing the total required off-street parking spaces down to nine; and WHEREAS, Zoning Code Section 544.13, Subdivision 9 .d, allows the City Council to approve adjacent on-street parking to count towards off-street requirements for retail and service uses, and there are two on-street spaces directly in front of the subject site, bringing the total requirement for off -street parking spaces down to seven; and WHEREAS, there are five parking stalls available on site, and the applicant has agreed to reserve the drive aisle along the north side of the building for tandem parking by employees only, creating space for three additional cars; 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 May 11, 2023; and, WHEREAS, the City has fully considered the request; 12099 Res. 12099 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 request to count two on-street parking stalls towards off-street parking requirements, site plan approval, and a two-stall parking variance are all hereby approved subject to the following conditions: a.No seating is proposed or approved. b.All required parking spaces shall remain available year-round and shall not be used for snow storage. c.The north side drive aisle shall be used as employee parking only and shall be signed as such. d.Odor control, and if necessary associated screening, shall be provided per code. e.Trash and recycling shall be fully enclosed or stored inside the building per code. f.Separate sign permits are required for any new or relocated sign greater than six square feet in size. g.The applicant is responsible for obtaining all required permits, and compliance with all other City, County and State regulations. h.No lighting changes are proposed or approved. Prior to the issuance of a building permit, the applicant shall: i.Provide a SAC determination from the Met Council. j.Provide proof of having recorded a copy of this resolution of approval. k.Provide bike rack specs and a close-up dimensioned diagram of the installation area for staff review and approval. l.Indicate how trash and recycling will be handled. Prior to the issuance of a Certificate of Occupancy, the applicant shall: m.Either provide a surety equal to 125% of the value of any improvements not yet complete, or: n.All parking areas must restriped, o.The retaining wall shall be repaired, p.Bike racks shall be installed according to manufacturer’s specifications, q.Odor control shall be installed, r.All required screening shall be installed, and s.All directional signage shall be installed. 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 13th day of June, 2023. Mary B. Supple, Mayor ATTEST: Dustin Leslie, City Clerk