1971-4588r~~;
RESOLUTION N0. 1+588
RESOLUTION DENYING APPLICATION FOR A SPECIAL USE
PERMIT FOR THE LOCATION OF'A GASOLINE SERVICE STATION
AT 6237 , 621+1 AND 621+5 LYNDALE AVENUE SOUTH
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as
follows:
1. The council herewith finds and determines:
A. Section 3.33, Subdivision 2, of the ordinance code of the city provides.
that a gasoline service station can be located in a general commercial district only
upon procurement of a special use permit pursuant to Section 3.1+1 of the ordinance
code 'of the city.
B. Section 3.33, Subdivision 3, provides that a special use permit for such
purpose shall not be granted unless the council finds that the proposed use will be in
substantial compliance with the standards contained: in-that subdivision;
C. An application has been made-for a special use permit to permit the location
of a gasoline service station at 6237, 621+1 and 621+5 Lyndale Avenue South, in one of the
general commercial districts of the city.
D. The proposed site. would abut upon lots which-are. in the residential .district
of the city. The proposed site is therefore ineligible for a special use permit under
the explicit standards contained in city. code Section 3.33, Paragraph (a}.:.
E. The proposed site is located on the northeast corner of-the intersection:_of .
63rd Street and.Lyndale Avenue•South. There are serious traffic hazards: and traffic
congestion •at such •intersection•and_in the vicinity-of such site at the present time.
The location-of~a service-station on the proposed site, with access-onto both Lynd~al.e
Avenue South and 63rd Street would tend to create additional and undue traffic hazards
and traffic congestion by reason of the turning movements which vehicles would .make in
entering or leaving .the .site. The proposed use would, therefore, have the effect of
violating the explicit standards contained in city code Section 3.33, Subdivision 3,
Paragraph (b).
F. The city planning commission has recommended that a variance from the
provisions of Section 3.33, Subdivision 3, Paragraph (a) be denied. The council has
concurred in_that recommendation.
G. The. minutes of the May 25, 1971 meeting of the planning commission, at
which such variance application was considered, have been presented and have been con-
sidered by this council. .
H. There are residences abutting upon the subject property along-the east
side. Such residences are located on .residentially .zoned .property. There is also a
residence located on the tract of land abutting the subject property on the north. Such
residence is located on commercially zoned property.
I. The planning commission of the city has prepared and presented to the
council a comprehensive. municipal. plan. Such comprehensive.plan indicates that the
subject property should be developed as a mixed land use area of medium density con-
taining the fallowing principal types of uses: single family residential, limited
retail, small offices, townhouses. The proposed use is not of the type recommended
under such comprehensive municipal plan.
!I~ ~ e~
S
Resolution No. 4588
(Continued)
J. The sub3ect property is located at the intersection of 63rd Street and
Lyndale Avenue South.. Such intersection-is currently experiencing traffic circulation
difficulties which would be aggravated-if the special. use permit were granted and a
gasoline service station were to be erected on the subject property .with access onto
both Lyndale Avenue and 63rd Street: -
K. There are 13 gasoline service,stations on Lyndale Avenue within two miles
of the subject.property; 8' gasoline service stations on Lyndale Avenue within one mile
of the property; and 15 gasoline service stations within the service area of the
applicant's proposed service station.
L. The area of Lyndale Avenue-within which-the subject property is located
has tended to develop an undue concentration .of service stations and restaurants, many
of which .are of the "fast-food variety", -
M. The city is faced with-mounting problems of.:.guiding future-development of -
land so as toyinsure a safer, more -pleasant and more~econom3cat environment for residential,
commercial ,=industrial and public activities; to promote the pub3:ic health; safety, morals--
and .general welfare and to secure and--achieve~ a better and more secure tax base. The
city has a very~limited~~amount of undeveloped land still-remaning: It-is vital to the
city to provide for the development-of undeveloped iand-and any redeve3opment of developed
land in such sway-as to meet these problems. -The"city`is currently -engaged in an attempt
to upgrade the development-and use of property-in the vicinity~of the subject property-
and is making..-an- effort to avoid- ands correct prior mistakes . ~ ~ The-granting of~ a special.
use permit in-:the:instant case would have the effect of aggravating the unbalanced
character of.development in the commercial area here involved and would tend to compound
rather than correct p-rior mistakes in the development of the area-and of the city:
N. City code Section 3.41, Subdivision 5, provides that-the council shall not
grant a special use permit unless it finds that the-use for which thee-permit-isrsought
will not-under the circumstances-of-the particular case be cletrimental~(1) to--the -
health, safety, morals; comfort ;• convenience or welfare of the persons residing or
working in the- neightborhood of such use~or° (2) to-the public -welfare or injurious -to-
property improvements-in-the neighborhood: ~It-is found that~the granting of the.
application in the instant case would be in violation of this requirements and would
be contrary to the general purpose and intent of the zoning code `and comprehensive plan
of the city:.
2. The application for a special use permit for the location of a gasoline service
station at 6237, 6241 and 6245 Lyndale Avenue South is the~e#'erre denied.
Passed by the City Council of-the City of Richfield this 28th day of Tune, 1871.
W °`
Stanley W. Olson Mayor
ATTEST:
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_ ,/~- ~
Thomas J. Mor Clerk