2025-06-10 Resolution 12324 CertifiedSTATE OF MINNESOTA )
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COUNTY OF HENNEPIN ) ss
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CITY OF RICHFIELD )
I, Michelle Friedrich, City Clerk of the City of Richfield, Hennepin County,
Minnesota, do hereby certify that the foregoing is a true and exact copy of Resolution No.
12324.
And that the same is on file and on record in my office.
Given under my hand and seal
This 10th day of June, 2025
Michelle Friedrich
City Clerk
City of Richfield
Hennepin County, Minnesota
City of Richfield June 10, 2025
County of Hennepin
State of Minnesota
RESOLUTION NO. 12324
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Motion by: Burk
Seconded by: Hayford Oleary
RESOLUTION APPROVING A SITE PLAN AND VARIANCE
FOR PENN STATION AT
6501 AND 6525 PENN AVENUE SOUTH
WHEREAS, an application has been filed by JO Companies, with the City of
Richfield which requests approval of a proposed site plan, and a 7.5-foot height
variance for a 13.5-foot tall retaining wall and fence, in order to construct 42 units of
affordable apartment homes at 6501 and 6525 Penn Avenue South, property legally
described in Exhibit A, attached; and
WHEREAS, Zoning Code Section 509.15, Subdivision 4, part d establishes a
maximum retaining wall and fence height of 6 feet; and
WHEREAS, Zoning Code Section 509.15, Subdivision 4, part e states that,
whenever a fence and wall are used in combination, the combined height shall not
exceed the permitted heights outlined within that same subdivision; and
WHEREAS, the proposed site plan provides a combined 13.5-foot-tall retaining
wall and fence along the east property line; and
WHEREAS, the property is unique in regard to significant grading differences as
the property slopes north to south; 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 retaining wall and fence height variance meets the requirements
of Zoning Code Section 547.11, Subdivision 1, as detailed in the “required findings”
statement; and
WHEREAS, the proposed site plan meets the requirements necessary for
granting site plan approval as specified in Zoning Code Section 547.13, Subdivision 8,
as detailed in City Council Staff Report No. 76; 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 15, 2025;
and,
City of Richfield June 10, 2025
County of Hennepin
State of Minnesota
RESOLUTION NO. 12324
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WHEREAS, the Planning Commission of the City of Richfield held a public
hearing at its May 28, 2025 meeting and recommended approval of the requested site
plan and variance; and
WHEREAS, the City Council has fully considered the request for site plan
approval and variance;
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 variance are hereby approved subject to the
following conditions:
a.Separate sign permits are required for signage greater than 6 square feet in
size.
b.All required parking spaces shall remain available year-round and shall not be
used for snow storage.
c.The property owner is responsible for the ongoing maintenance of all exterior
improvements, including landscaping, in accordance with approved plans.
d.The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City’s Administrative Review Committee
Report dated May 5, 2025, and compliance with all other City, County and
State regulations.
e.The applicant will continue to work with the City and County to resolve
identified stormwater items and requirements. Final stormwater management
plans must be submitted to and approved by the Public Works Director.
Prior to the issuance of a building permit, the applicant shall:
f.Provide proof of having recorded a copy of this resolution of approval.
g.Enter into a construction and maintenance agreement with the City.
h.Provide revised plans indicating the extension of the 65th Street sidewalk to
Oliver Avenue.
City of Richfield June 10, 2025
County of Hennepin
State of Minnesota
RESOLUTION NO. 12324
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i. Provide revised plans indicating a 3-foot sidewalk setback for the east and
west retaining walls, as required by Zoning Code Section 509.15, Subdivision
6. Additionally, no wall may exceed 4 feet in height within the front yard area,
as required by that same section.
j. Provide construction level retaining wall and fence details/elevations.
k. Provide a screening plan for the on-site transformer that meets Zoning Code
Section 544.05.
l. Provide revised plans that indicate at least two bike racks provided outside,
near the main entrance of the building.
m. Provide bike rack details for staff review and approval; bike racks shall be
installed according to manufacturer specifications.
n. Provide a traffic control plan, for staff review and approval.
o. Provide a final mural design for staff review and approval.
Prior to the issuance of a Certificate of Occupancy, the applicant shall:
p. Enter into an escrow agreement for outstanding items and provide a surety
equal to 125% of the value of any improvements not yet complete.
q. Provide proof of having recorded the construction and maintenance
agreement.
r. The final plat shall be recorded and mylar copies provided to the City.
Prior to the release of the surety:
s. All exterior improvements shall be installed.
t. All requirements of the escrow agreement shall be met.
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.
City of Richfield June 10, 2025
County of Hennepin
State of Minnesota
RESOLUTION NO. 12324
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Adopted by the City Council of the City of Richfield, Minnesota this 10th day of June,
2025.
VOTING AYE VOTING NAY
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Mary Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
City of Richfield June 10, 2025
County of Hennepin
State of Minnesota
RESOLUTION NO. 12324
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Exhibit A
Legal Description
Tract A
The West ½ of the North ¾ of the West ¼ of the Southwest Quarter of the Northwest
Quarter except the North 876.8 Feet thereof, Section 28, Township 28, Range 24,
Village of Richfield, Hennepin County Minnesota.
Being Registered land as evidenced by Certificate of Title No. 1434874
Tract B
Par 1: The West ½ of the South 109.6 feet of the North 767.2 feet of the North ¾ of the
West ¼ of the Southwest Quarter of the Northwest Quarter except the North 30 feet
thereof;
Par 2: The West ½ of the South 109.6 feet of the North 876.8 feet of the North ¾” of
the West ¼” of the Southwest Quarter of the Northwest Quarter;
All in Section 28, Township 28, Range 24, in Village of Richfield, Hennepin County,
Minnesota.
Being Registered land as is evidenced by Certificate of Title No. 1478347