08-14-2024 Resolution 12227RESOLUTION NO. 12227
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND TWO BUFFER
YARD VARIANCES AT 7524 LYNDALE AVENUE SOUTH
WHEREAS, an application has been filed by Stall One Automotive with the City of
Richfield which requests approval of a Conditional Use Permit and two variances – one
for a 25 foot variance from the 25 foot residential buffer yard requirement and the other
for a 15 foot variance form the 15 foot abutting parcel buffer yard requirement - to allow a
car repair shop at 7524 Lyndale Avenue South, property legally described as follows:
LOTS 8 AND 9, BLOCK 25, IRWIN SHORES, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
at its July 22, 2024 meeting and recommended approval of the requested conditional use
permit and variances; and
WHEREAS, Zoning Code Section 534.07, Subdivision 12, b-c establishes the
buffer yard conditions that must be met in order to grant a conditional use permit for an
auto mechanical or body repair shop; and
WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the
granting of variances to the literal provisions of the zoning regulations in instances where
enforcement would cause “practical difficulty” to the owners of the property under
consideration; and
WHEREAS, the property is unique in that the building on the property is unusually
large and nonconforming in regards to a front setback; and
WHEREAS, the variances from buffer yard requirements meet the requirements of
Zoning Code Section 547.11, Subdivision 1, as detailed in the “required findings”
statement; 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 all other requirements in Subsection 534.07, Subdivision 12, as
detailed in City Council Staff Report No.101; and
WHEREAS, Zoning Code Section 544.13, Subdivision 6, establishes the minimum
number of required off-street parking spaces for an auto repair shop, which totals 10
spaces for the property; and
WHEREAS, Zoning Code Section 544.13, Subdivision 8, allows a reduction of 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, notice of the public hearing was published in the Sun Current
newspaper and mailed to properties within 350 feet of the subject property;
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, variances, and special parking request for an
auto repair shop at 7524 Lyndale Avenue South, 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 opening.
b)Lots 8 and 9 must be legally combined into one parcel by undergoing a minor
subdivision combination through the City and/or any other processes required in
order to effectuate proper and legal combination (a PID/tax parcel combination by
itself is insufficient).
c)Garage doors shall be closed during business hours, except to allow for immediate
vehicle entrance and exit, in order to comply with Section 534.07, Subd. 12.g: “All
repair, assembly, disassembly, and maintenance of vehicles shall occur within an
enclosed building, except minor maintenance such as tire inflation or adding oil or
windshield wiper fluid.”
d)Since on-street parking is being counted towards off-street requirements, overnight
parking shall be limited to on-site stalls, and on-street parking shall be left open, as
much as possible, for customers.
e)Vehicular circulation shall be retained on site. The drive aisle shall remain free of
cars to provide for adequate site circulation - the alley shall be for deliveries and
other occasional use only, and not be relied upon for customary site access.
f)The business shall be managed to limit off-site parking; cars awaiting repair or
pick-up shall not be parked on residential or side streets.
g)A fence detail for the replacement chain link fence will be provided for staff review
and approval.
h)Fabric screening materials for the front fence shall be installed according to
manufacturer specifications and maintained and replaced continuously upon signs
of disrepair.
i)Bike racks shall be installed according to manufacturer specifications.
j)A revised site plan and landscape plan for staff review and approval. No net
increase of impervious surface shall be allowed.
k)Landscaping and planter boxes shall be continuously maintained.
l)Evidence of a shared access agreement with property owner to the north for the
shared curb cut will be provided. If one does not exist, the applicant shall attempt
to execute a shared access agreement with the property owner to the north.
m)The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City’s Administrative Review Committee Report dated
June 25, 2024, and compliance with all other City, County and State regulations.
n)Prior to opening, the applicant must submit a surety equal to 125% of the value of
any improvements and/or requirements not yet complete. This surety 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 for
which the permit was granted has commenced; or 2) Building permits have been
issued and substantial work performed; or 3) Upon written request of the applicant, the
Council extends the expiration date for an additional period not to exceed one y ear.
Expiration is governed by the City Zoning Ordinance, Section 547.09, Subd . 9.
4.This conditional use permit shall remain in effect for so long as conditions regulating it
are observed, and the conditional use permit shall expire if normal operation of the
use has been discontinued for 12 or more months, as required by the City’s Zoning
Ordinance, Section 547.09, Subd. 10.
5.Variances shall expire one year after they have been granted unless 1 ) The project for
which the variance was granted is completed within the one -year period; or 2) Building
permits have been issued and substantial work performed; or 3) Upon written request
of the person or corporation holding the variance, the Council extends the expiration
date for an additional period. Expiration is governed by the City Zoning Ordinance,
Section 547.11, Subd. 11.
6.Variances shall remain in effect for so long as the conditions regulating it are
observed, as required by the City’s Zoning Ordinance, Section 547.11, Subd . 12.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
August 2024.
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk