07-11 Resolution No. 12109RESOLUTION NO.
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PRESCHOOL AND DAY CARE AT 7227 PENN AVENUE SOUTH
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit to allow a 48 child Montessori preschool and day care at
St. Nicholas Episcopal Church, 7227 Penn Avenue South, and legally described as follows:
All that part of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of
Section 33, Township 28, Range 24, described as follows: Commending at a point on the West
line of Section 33 which is six hundred eighty-six (686) feet North of the Southwest corner of
the Northwest Quarter of said section; thence North along the West line of said section two
hundred ninety-eight (298) feet; thence East parallel with the North line of said subdivision one
hundred sixty three and eight-one hundredths (163.81) feet; thence South parallel with the
West line of said Section 33 a distance of two hundred ninety eight (298) feet; thence West
one hundred sixty three and eight one hundredths (163.81) feet to the point of beginning.
The west 163.81 feet south 12 rods on the north 20 rods of the Southwest Quarter of
the Northwest Quarter of Section 33, Township 28 North, Range 24 West of the 4th Principal
Meridian.
WHEREAS, the Planning Commission of the City of Richfield held a public hearing and
recommended approval of the requested conditional use permit at its June 26, 2023 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 June 15, 2023; 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 514.07, Subdivision 9, as detailed in City Council Staff Report No.____; 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.The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above,
and the findings listed in the Required Findings Statement.
2.The requested conditional use permit for a 48 child Montessori preschool and day care,
as described in the City Council Staff Report, on the property legally described above, is
hereby approved, subject to the following conditions:
a)That the applicant records 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.
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Res. 12109
b)Any new rooftop or ground mechanical equipment must be screened, per Zoning Code
Section 544.05.
c)Sign permits are required for any signs greater than six square feet in size.
d)No lighting changes are proposed or approved.
e)The parking lot shall be restriped, and bike racks for 4 bikes installed, within one year of
the date of approval.
f)The exterior improvements required by DHS shall be installed within three (3) months of
the date of approval.
g)The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City’s Administrative Review Committee Report dated June
13, 2023, and compliance with all other City, County and State regulations.
h)Prior to the issuance of an occupancy permit the applicant must submit a surety equalto 125% of the value of any improvements and/or requirements not yet complete. Thissurety 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 forwhich the permit was granted has commenced; or 2) Building permits have been issuedand substantial work performed; or 3) Upon written request of the applicant, the Councilextends the expiration date for an additional period not to exceed one year. Expirationis 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 itare observed, and the conditional use permit shall expire if normal operation of the usehas been discontinued for 12 or more months, as required by the City’s ZoningOrdinance, Section 547.09, Subd. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of July2023.
_______________________ Mary B. Supple, Mayor
ATTEST:
___________________________ Dustin Leslie, City Clerk