11-28 Resolution No. 12151RESOLUTION NO. 12151
RESOLUTION APPROVING A SITE PLAN
AND TWO VARIANCES
FOR ASTER COMMONS HOUSING
AT 6613-6625 PORTLAND AVENUE SOUTH
WHEREAS, an application has been filed by Beacon Interfaith Housing
Collaborative, LLC, with the City of Richfield which requests approval of proposed site
plan, a 32 stall parking variance, and a 5 foot front yard setback variance, all in order to
construct 38 units of affordable apartment homes at 6613, 6617, 6621, and 6625 Portland
Avenue South, property legally described as:
Lots 31, 32, 33 and 34, Auditor’s Subdivision No. 340, Hennepin County,
Minnesota.
WHEREAS, Zoning Code Section 544.13, Subdivision 6, establishes a minimum
number of required off-street parking spaces, which totals 48 spaces for this property; and
WHEREAS, Zoning Code Section 544.13, Subdivision 8, allows a reduction of
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 43;
and
WHEREAS, the proposed site plan provides 11 parking stalls; and
WHEREAS, the applicant has provided a parking study that illustrates the actual
demand anticipated by the project, as demonstrated by their three other locations within
the metro area; and
WHEREAS, Zoning Code Section 537.07,Subd.1, requires that the principal
building be set back a minimum of 15 feet from the front property line; and
WHEREAS, the proposed layout places the northwest corner of the building 10
feet from the front property line in order to maximize the rear yard setback ; 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 October 12, 2023;
and,
WHEREAS, the variances meet the requirements of Zoning Code Section 547.11,
Subd.1, as detailed in City Council Staff Report No. __; and
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
at its October 23, 2023 meeting and recommended approval of the requested site plan
and variances; and
WHEREAS, the City Council 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 the parking demand exceed the parking supply such that it creates a
nuisance or issue, the owner of the property will work with the City to resolve
the nuisance or issue.
b.Separate sign permits are required for signage greater than 6 square feet in
size.
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 exterior
improvements, including 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.
Prior to the issuance of a building permit, the applicant shall:
f.Provide a SAC determination from the Met Council.
g.Provide proof of having recorded a copy of this resolution of approval.
h.Enter into a construction and maintenance agreement with the City.
Prior to the issuance of a Certificate of Occupancy, the applicant shall:
i.Enter into an escrow agreement for outstanding items and provide a surety
equal to 125% of the value of any improvements not yet complete.
j.Provide proof of having recorded the construction and maintenance agreement.
k.The final plat shall be recorded and mylar copies provided to the City.
Prior to the release of the surety:
l.All exterior improvements shall be installed.
m.All requirements of the escrow agreement shall be met.
4.This approval is contingent upon the approval of the associated Comprehensive
Plan Amendment and Rezoning of the property.
5.This approval shall expire two years 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 28th day of
November, 2023.
Mary B. Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk