102615 PacketPlanning Commission
Agenda
October 26, 2015
7:00 p.m.
Introductory Proceedings
Roll Call
Approval of Minutes: Approve minutes of regular meeting of September 28, 2015.
Opportunity for Citizens to Address the Commission on items not on the Agenda
Public Hearing
ITEM #1 15-VAR-05 Consider a request for a variance to allow a dynamic
rotating) sign for Caribou Coffee/Einstein Bros. Bagels at
6545 Lyndale Avenue (Lyndale Station).
ITEM #2 15-CUP-04 &Consider land use applications related to converting a former
15-VAR-04 service station (Sinclair)to an automobile repair business at
6600 Portland Avenue. Requests include a Conditional Use
Permit and Variances.
ITEM #3 15-VAR-06 Cancel public hearing for 7134 Cedar Avenue.
New Business
ITEM #4 PC Letter#17 Reschedule December meeting.
Old Business
Liaison Reports
Community Services Advisory Commission
City Council
Housing and Redevelopment Authority(HRA)
Richfield School Board
Transportation Commission
Chamber of Commerce
Other
City Planner's Report
Next Meeting Date: November 18, 2015
Adjournment
Auxiliary aid for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612/861-9738".
Planning Commission
Minutes
fF
September 28, 2015
MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Gordon Vizecky,
Erin Vrieze Daniels, and Dan Kitzberger
MEMBERS ABSENT:Commissioners Sean Hayford Oleary, Charles Standfuss, and
Susan Rosenberg
STAFF PRESENT: Melissa Poehlman, City Planner
Matt Brillhart, Planning Technician
OTHERS PRESENT: Travis Penrod, 7532 Lyndale Avenue (applicant)
Charles Degidio, 7525 Aldrich Avenue (resident)
Chairperson Jabs called the meeting to order at 7:15 p.m.
APPROVAL OF MINUTES
MNizecky, SNrieze Daniels to approve the minutes of the July 27, 2015 regular meeting.
Motion carried: 4-0
OPEN FORUM
No members of the public spoke.
PUBLIC HEARING(S)
ITEM #1
15-SP-03, 15-VAR-03 — Consider land use applications related to a building addition
and a change to a low-intensity office space at 7532 Lyndale Avenue
City Planner Melissa Poehlman presented the staff report.
In response to questions from Chair Jabs, Poehlman stated that no correspondence was
received on this application and that shadowing on adjacent properties was not anticipated
to be an issue due to the rear setback and alley providing separation.
Charles Degidio (7525 Aldrich Avenue) inquired about allowing increased fence heights for
the adjacent residential properties and was directed to contact staff for more information.
September 28, 2015
M/Vizecky, S/Vrieze Daniels to close the public hearing.
Motion carried: 4-0
M/Vizecky, S/Vrieze Daniels to recommend approval of the site plan and variances.
Motion carried: 4-0
ITEM #2
PC Letter No. 15 — Consider amendments to the City's Zoning Ordinance to allow
Micro-Production Facilities and Taprooms/Cocktail Rooms in Commercial and
Mixed-use Zoning Districts
Poehlman presented the staff report.
In response to questions from Chair Jabs, Poehlman stated that staff had decided to treat
this ordinance amendment and the "50/50 food/liquor sales requirement" ordinance as
separate issues. Public Safety staff were still discussing the total number of taprooms and
cocktail rooms that will be allowed.
M/Vizecky, S/Vrieze Daniels to close the public hearing.
Motion carried: 4-0
M/Vizecky, S/Vrieze Daniels to recommend approval of the proposed ordinance
amendments.
Motion carried: 4-0
NEW BUSINESS
ITEM #3
PC Letter No. 16 — Continue a public hearing to consider land use applications
related to converting a former service station to an automobile repair business at
6600 Portland Avenue
Planning Technician Matt Brillhart presented the staff report.
M/Jabs, S/Vizecky to continue the public hearing to the October 26, 2015 meeting.
Motion carried: 4-0
OLD BUSINESS
None.
2
September 28, 2015
LIAISON REPORTS
Community Services Advisory Commission: Chair Jabs
City Council: No report
HRA: No report
Richfield School Board: No report
Transportation Commission: No report
Chamber of Commerce: No report
Other: None
CITY PLANNER'S REPORT
Poehlman noted that the Met Council had issued system statements, kicking off the
decennial Comprehensive Plan process.
ADJOURNMENT
MNizecky, SNrieze Daniels to adjourn the meeting.
Motion carried: 4-0
The meeting was adjourned by unanimous consent at 7:39 p.m.
Gordon Vizecky
Secretary
3
AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM# 1
REPORT#
CASE# 15-VAR-05
49 -. PLANNING COMMISSION STAFF REPORT
PC MEETING DATE: OCTOBER 26, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Public hearing to consider a request for a variance to allow a dynamic (rotating) sign for
Caribou Coffee/Einstein Bros. Bagels at 6545 Lyndale Avenue (Lyndale Station Phase II)
II.RECOMMENDED ACTION:I
Conduct and close a public hearing and by motion: Approve a
variance to allow a rotating dynamic sign at 6545 Lyndale Avenue.
II. BACKGROUND
Caribou Coffee and Einstein Brothers Bagels recently opened a new location in the
Lyndale Station Phase II development. In addition to standard wall signs, Caribou has
proposed a projecting sign on the north side of the building. Projecting signs are
generally permitted by the sign ordinance. However, this projecting sign has a small
rotating element to reflect the dual branding of Caribou and Einstein. This rotating
element meets the definition of a "Dynamic Display", which is further regulated under
Section 549.25 of the Sign Code. This section of the Code primarily speaks to
changeable message (LED board) signs. One regulation is that dynamic displays are
allowed only on monument and pylon signs. A projecting sign is considered a type of
wall sign, and therefore requires a variance. Another regulation is that dynamic displays
may not change or move more often than once every 60 seconds. A constantly rotating
sign, by its mechanical function, cannot meet this regulation and therefore requires a
variance.
The projecting sign is mounted to the north side of the building, facing the drive-thru
area of the site. The overall projecting sign measures 12.6-square feet and the central
rotating element measures 3.4-square feet, approximately 27% of the sign size. If the
rotating element were instead an LED board, it would meet code (no more than 35% of
the actual copy and graphic area of the sign). In terms of location, the proposed sign is
largely internal to the overall Lyndale Station site, and further screened from view by
landscaping and other structures. Public Works has reviewed the proposed sign and
does not feel it will divert the attention of drivers or create a traffic hazard.
Due to the small size of the rotating sign and unique characteristics of its location within
the site, staff is recommending approval of the requested variance.
III. BASIS OF RECOMMENDATION
A. POLICY
Signs are regulated by Section 549 of the Zoning Code. Sign regulations are intended
to prevent adverse impacts to the aesthetics of the community and its health, safety and
welfare.
The proposed sign meets the definition of a dynamic display. Subsection 549.25 Subd.
2 states that dynamic displays are allowed only on monument and pylon signs and that
a dynamic display may not change or move more often than once every 60 seconds. A
variance from Subsection 549.25, Subd. 2 is required. The findings necessary to
approve a variance are as follows (Subd. 547.11):
1. There are "practical difficulties"that prevent the property owner from using the
property in a reasonable manner. Strict enforcement of the Zoning Code Subsection
listed above would cause a practical difficulty. This regulation is intended to limit
dynamic signs that could cause distractions for drivers. The location of this particular
sign limits the possibility of distraction; therefor the regulation prevents effective
communication of the dual branding of this establishment without the intended
benefit.
2. There are unusual or unique circumstances that apply to the property which were
not created by the applicant and do not apply generally to other properties in the
same zone or vicinity. Within the overall context of the Lyndale Station planned unit
development, the proposed sign is modest in size and uniquely located in such a
way to be internal to the site.
3. The variance would not alter the character of the neighborhood or the locality.
The requested variance will allow the property owner to install a modestly sized
projecting sign for business identification, while being minimally visible from nearby
roadways.
4. The variance is the minimum necessary to alleviate the practical difficulty.
The variance requested is strictly for the sign type and placement, and does not
seek exception from size limitations. The proposed sign meets all size regulations
and the variance requested is the minimum necessary to alleviate the practical
difficulty.
5. The variance is in harmony with the general purpose and intent of the ordinance and
consistent with the Comprehensive Plan. The proposed variance will allow new
business identification signage, while keeping with the intent of sign regulation
ordinances. The sign copy itself is static and the rotating element will not adversely
impact the aesthetics of the community or its health, safety and welfare.
B. CRITICAL ISSUES
None
C. FINANCIAL
The required application fee has been paid.
D. LEGAL
Notification: Notice of this public hearing was published in the Sun Current in
accordance with State and Local requirements. Properties within 350 feet
were notified by mail.
IV. ALTERNATIVE RECOMMENDATION(S)
Deny with a finding that the requested variance does not meet requirements.
V. ATTACHMENTS
Resolution
Site plan & sign drawing
Planning & zoning maps
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Jerry Roper— Caribou Coffee
RESOLUTION NO.
RESOLUTION OF THE RICHFIELD PLANNING COMMISSION
GRANTING APPROVAL OF A VARIANCE AT
6545 LYNDALE AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a variance on the parcel of land located at 6545 Lyndale Avenue (the "Property"),
legally described as:
LOT 3, BLOCK 1, LYNDALE STATION, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the proposed projecting sign is to incorporate a continuously rotating
element, classified as a "dynamic display"; 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 their
enforcement would cause "practical difficulty" to the owners of the property under
consideration; and
WHEREAS, the Planning Commission of the City of Richfield held a public hearing for
the requested variance at its October 26, 2015 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; and
WHEREAS, based on the findings below, the Richfield Planning Commission approves
the requested variance from Richfield City Code Subsection 549.25, Subd. 2; and
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Richfield, Minnesota, as follows:
1. The Planning Commission makes the following general findings:
a. The Property is zoned Planned General Commercial (PC-2).
b. The proposed rotating sign element meets the definition of a "dynamic display."
C.Dynamic displays are allowed only on monument and pylon signs. A dynamic
display may not change or move more often than once every 60 seconds. A
variance from Subsection 549.25, Subd. 2 is required.
2. With respect to the application for a variance from the above-listed requirements, the
Planning Commission makes the following findings:
a. Strict enforcement of the Zoning Code Subsection listed above would cause a
practical difficulty. This regulation is intended to limit dynamic signs that could
cause distractions for drivers. The location of this particular sign limits the
possibility of distraction; therefor the regulation prevents effective communication
of the dual branding of this establishment without the intended benefit.
b.Unique circumstances affect the Property that were not created by the land
owner. Within the overall context of the Lyndale Station planned unit
development, the proposed sign is modest in size and uniquely located in such a
way to be internal to the site.
C.Granting the requested variance will not alter the essential character of the
neighborhood. The requested variance will allow the property owner to install a
modestly sized projecting sign for business identification, while being minimally
visible from nearby roadways.
d. The variance requested is the minimum necessary to alleviate the practical
difficulty. The variance requested is strictly for the sign type and placement, and
does not seek exception from size limitations. The proposed sign meets all size
regulations and the variance requested is the minimum necessary to alleviate the
practical difficulty.
e. The variance is in harmony with the general purpose and intent of the ordinance
and consistent with the comprehensive plan. The proposed variance will allow
new business identification signage, while keeping with the intent of sign
regulation ordinances. The sign copy itself is static and the rotating element will
not adversely impact the aesthetics of the community or its health, safety and
welfare.
3. Based upon the above findings, a variance to the above-specified requirement is hereby
approved according to the terms of Richfield City Code Subsection 547.11 with the
following additional stipulations:
a) That the recipient of this approval record this Resolution with the County, pursuant to
Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance
Section 547.11, Subd. 7. Proof of recording is required prior to the issuance of a
sign permit;
b) This approval shall expire one year from the date of approval unless a sign permit
has been obtained and construction begun.
Adopted by the Planning Commission of the City of Richfield, Minnesota this 26th day of
October 2015.
Rick Jabs, Chairperson
ATTEST:
Gordon Vizecky, Secretary
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AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM# 2
REPORT#
CASE# 15-CUP-04, 15-
VAR-04
PLANNING COMMISSION STAFF REPORT
V
IF&
PC MEETING DATE: OCTOBER 26, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Public hearing to consider a request for a Conditional Use Permit and variances to allow an
auto repair shop (Pacific Auto Care) at 6600 Portland Avenue.
II.RECOMMENDED ACTION:I
Conduct and close a public hearing and by motion: Recommend
approval of a Conditional Use Permit and variances to allow an auto
repair business at 6600 Portland Avenue
II. BACKGROUND
Originally constructed in 1953, this property was owned and operated by Sinclair Oil for
many years as a service station and offices. City zoning records show that approvals
were granted for a building expansion in 1960, and a conversion of the service bays to
office space in 1980. Upon closure of the gas station in 2009, the underground fuel
storage tanks were removed and the property was marketed for sale, remaining vacant
ever since.
Mr. Phuong Le has purchased this property for intended re-use as an auto repair facility.
The proposed change in use of the property requires a Conditional Use Permit (CUP)
for auto mechanical repair in the General Business (C-2) Zoning District. Because the
building has been vacant for over one year, all legally nonconforming status has
expired; a variance to the front building setback is required. The applicant is also
requesting variances to allow a reduced buffer yard and parking setback along the rear
south) property line, and to provide a direct pedestrian connection from only one of the
two public sidewalks.
Several aspects of the site will be brought up to code, including: impervious surface
coverage, landscaping, removal of gas station canopies, and parking minimums. Given
the history of this property and difficulty of reuse, the proposed use is reasonable and
offers improvements to site, landscaping, and the physical building. Staff is
recommending approval of the proposed CUP and required variances.
III. BASIS OF RECOMMENDATION
A. POLICY
Conditional Use Permit: In the General Business (C-2) zoning district, auto
mechanical or body repair shops are conditionally permitted uses. A full
discussion of all requirements can be found as an attachment to this report. The
following is a discussion of items of specific importance and/or requests for
deviations from requirements.
If an auto repair site abuts a residentially zoned lot, a buffer yard of not less
than 25 feet in width and 75 percent all-season opacity from the ground to a
height of 6 feet is required to separate all aspects of such use from abutting
residential parcels. The Council may reduce this requirement to not less than
15 feet if significant additional landscaping and fencing, with 100 percent all-
season opacity, is provided to screen the auto mechanical or body repair
shop use.
The adjacent lots to the south (6616 Portland Avenue) and west (6601
5t" Avenue) are residentially zoned property.
Code regulations state that this requirement applies to all aspects of
the use; however, staff believes that it is intended to separate all
aspects that are unique to this type of use (e.g. damaged vehicles) as
opposed to the building or general parking lot itself. Staff recommends
that cedar fencing be required along the southern property line and
surrounding the damaged vehicle storage area, extending northward
along the western property line to meet the building, and that
landscaping be found sufficient for the remaining residential edge.
Along the northern and eastern property lines adjacent to the
roundabout (between curb cuts), staff recommends standard parking
lot screening and a prohibition against the storing of damaged vehicles
in this area.
The applicant has requested a variance to reduce the required buffer
yard from 15 feet to 7 feet along a portion of the southern property line.
The existing building is set back 50 feet from the rear property line.
Parking lot standards require a minimum 24 foot drive aisle and 18 foot
stall depth. After factoring in those distances plus curb and gutter,
approximately 7 feet of space remains for adding a buffer yard along
the southern property line.
Vehicles awaiting repair must be stored in appropriately designed and
screened areas approved by the City.
o The applicant is proposing to store damaged vehicles in a screened
area in the southwest corner of the property. The applicant has
proposed a 6-foot fence along the entire south property line and also
surrounding the area in which any damaged vehicles will be stored,
including the proposed trash enclosure area.
The Council must also find that the eight general requirements to grant a CUP
are met. A full discussion of these requirements can be found in the attached
document.
Additional Variances Requested: Required (R), Proposed (P)
The proposed site improvements will allow for reuse and significant aesthetic
improvements to a long vacant site. Due to the placement of the building in the
center of the lot, accommodating parking areas (including proper vehicle and
pedestrian circulation) that conform to all code requirements is not possible.
Three variances are necessary; however, staff finds that the variances are
reasonable given the unique characteristics of the site and the significant
proposed improvements to site design and landscaping.
Maximum building setback (R: 60 ft.; P: 67 ft.)
o In no case shall the front setback for a principal building exceed 60
feet. The applicant did not create this situation. It is reasonable to
allow the reuse of an existing building.
Minimum parking setback (R: 15 ft.; P: 7 ft.)
o As described above, the required southern buffer yard is proposed to
be reduced, in order to accommodate the damaged vehicle storage
area behind the building. This same reduction applies to the parking
stalls in that area and is necessary for proper vehicle circulation.
Pedestrian connection from sidewalk (P: from 66th Street only)
o A striped pedestrian connection is proposed from the 66th Street
sidewalk only. Given the locations of the existing crosswalk, raised
planter bed, and curb cut in relation to one another, adding a striped
pedestrian connection from the Portland Avenue sidewalk is impractical.
Additional information related to the requested variances and required findings
can be found in the attached document.
B. CRITICAL ISSUES
If the proposed applications are approved, final site and landscaping plans must
be approved by both Community Development and the Public Works
Department. Site plans must show complete fence locations & details, and a
trash enclosure that fully complies with Subsection 544.05. Staff would like to
continue discussing the location of the trash enclosure with the applicant.
Landscaping plans must fully comply with Subsection 544.05 and must include
landscaping to screen the front parking area from the public sidewalk, in addition
to the buffer area landscaping discussed above.
C. FINANCIAL
The required processing fees have been paid.
D. LEGAL
Notification: Notice of this public hearing was published in the Sun Current in
accordance with State and Local requirements. Properties within 350 feet were
notified by mail.
City Council consideration is scheduled for November 10, 2015.
IV. ALTERNATIVE RECOMMENDATION(S)
Recommend approval of the proposal with modifications
Recommend denial of the CUP and variances with a finding that requirements are
not met
V. ATTACHMENTS
Resolution
Requirements documentation
Site plans
Zoning & planning maps
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Phuong Le, Pacific Auto Care, applicant
RESOLUTION NO.
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT
AND VARIANCES
FOR AN AUTO REPAIR BUSINESS
AT 6600 PORTLAND AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit and variances to allow an auto repair business at the
parcel of land located at 6600 Portland Avenue (the "Property"), legally described as:
LOTS 1, 2 AND 3, INCLUDING THE EAST 1/2 OF THE VACATED ALLEY ADJACENT
THERETO, BLOCK 1, MCCUTCHAN'S PORTLAND AVENUE PARK, HENNEPIN COUNTY,
MINNESOTA
WHEREAS, the Planning Commission of the City of Richfield held a public hearing and
recommended approval of the requested conditional use permit and variances at its October
26, 2015 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; 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 as detailed in City Council Staff Report No.and
WHEREAS, the Zoning Code states that if an auto repair shop abuts a residentially
zoned lot, a buffer yard of not less than 25 feet in width and 75 percent all-season opacity from
the ground to a height of six (6) feet shall be provided to separate all aspects of such use from
abutting residential parcels. The Council may reduce this requirement to not less than 15 feet if
significant additional landscaping and fencing, with 100 percent all-season opacity, is provided
to screen the auto mechanical or body repair shop use, Subsection 534.07, Subd. 12(b); and
WHEREAS, the Zoning Code states that a minimum 15-foot buffer is required to
separate all aspects of an auto repair shop from adjacent parcels, Subsection 534.07, Subd.
12(c); and
WHEREAS, the Zoning Code allows a maximum setback of 60 feet in the General
Business (C-2) District; and
WHEREAS, the Zoning Code states that a physically separated pedestrian access from
all public sidewalks is required; 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 their
enforcement would cause "practical difficulty" to the owners of the property under
consideration; and
WHEREAS, based on the findings below, the Richfield City Council approves the
requested variance from Richfield Zoning Code Subsections 534.07, Subd. 12(b) & (c);
534.11, Subd. 1 & 2(c); and 544.15; 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 makes the following general findings:
a. The Property is zoned General Business (C-2).
b. The Zoning Code states that if the use site abuts a residentially zoned lot, a buffer
yard of not less than 25 feet in width and 75 percent all-season opacity from the
ground to a height of six (6) feet shall be provided to separate all aspects of such
use from abutting residential parcels. The Council may reduce this requirement to
not less than 15 feet if significant additional landscaping and fencing, with 100
percent all-season opacity, is provided to screen the auto mechanical or body repair
shop use. The proposed buffer is 7 feet. A variance from Subsection 534.07, Subd.
12(b) is required.
c. The Zoning Code states that a minimum 15-foot buffer is required to separate all
aspects of an auto repair shop from adjacent parcels. The proposed buffer is 7 feet.
A variance from Subsection 534.07, Subd. 12(c) is required.
d. The Zoning Code states that a parking shall be set back a minimum of 15 feet from
residential property. The proposed setback is 7 feet. A variance from Subsection
534.11, Subd. 1 is required.
e. The Zoning Code states that the maximum front setback for a principal building on a
lot located along an arterial road is 40 feet or the average setback of the existing
principal building(s) abutting such lot, whichever is greater. In no case shall the front
setback for a principal building exceed 60 feet. The proposed setback is 67 feet. A
variance from Subsection 534.11, Subd. 2(c) is required.
f. The Zoning Code states that Pedestrian access points shall be provided at all
pedestrian arrival points to the development including the property edges, adjacent
lots, abutting street intersections, crosswalks, and at transit stops. No pedestrian
connection is proposed from the Portland Avenue sidewalk. The pedestrian
connection from the
66th Street sidewalk is proposed to be striped with paint only,
and not physically separated from vehicle traffic. A variance from Subsection 544.15
is required.
2. With respect to the application for variances from Richfield Zoning Code Subsection
534.07, Subd. 12(b) and (c); and Subsection 534.11, Subd. 1 , the City Council makes
the following findings:
a. Strict enforcement would cause a practical difficulty by removing the ability to park
and maneuver vehicles behind the building. The placement of the existing building
and preferred location for vehicle storage necessitates reducing the required buffer
yard.
b. The placement of the existing building was not created by the applicant.
c. Granting the requested variance will not alter the character of the neighborhood. The
applicant proposes to add 7 feet of buffer yard that is not present today. While not
ideal, this represents an improvement over the present condition by adding buffer
space and additional landscaping. No adverse impacts are anticipated.
d. The variances requested are the minimum necessary to alleviate the practical
difficulties.
e. The proposed variances do not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan.
3. With respect to the application for a variance from Subsection 534.11, Subd. 2(c), the
City Council makes the following findings:
a. It is reasonable to reuse the existing building. Strict enforcement would create a
practical difficulty.
b. This property was constructed prior to codes dictating maximum building setback.
The applicant did not create this situation.
c. The variance requested is not expected to have any impact on the character of the
neighborhood.
d. The variances requested are the minimum necessary to alleviate the practical
difficulties.
e. The proposed variances do not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan.
4. With respect to the application for a variance from Subsection 544.15, the City Council
makes the following findings:
a. Given the locations of the crosswalk, raised planter bed, and curb cut in relation to
one another, requiring a striped pedestrian connection from the Portland Avenue
sidewalk would be a practical difficulty.
b. When the intersection was reconstructed as a roundabout, design decisions were
made to construct a raised concrete planter bed and barrier, preventing direct site
access in line with the crosswalk. This situation was not created by the applicant.
c. The variances requested are not expected to have any impact on the character of
the neighborhood.
d. The variances requested are the minimum necessary to alleviate the practical
difficulties.
e. The variances requested do not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan.
5. Based on the above findings, a variance is hereby approved to permit a 7-foot fenced /
landscaped buffer and parking setback on the south side of the Subject Property.
6. Based on the above findings, a variance is hereby approved to permit a 67-foot front
building setback.
7. Based on the above findings, a variance is hereby approved to permit a striped
pedestrian connection from the 66th Street sidewalk only.
8. A conditional use permit is issued to allow an auto repair business, as described in City
Council Letter No. on the Subject Property legally described above.
9. This conditional use permit is subject to the following conditions in addition to those
specified in Section 547.09 of the City's Zoning Ordinance:
A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
Fencing to screen damaged vehicles must completely screen the vehicles
from all sides, aside from the drive aisle opening. Damaged vehicles must be
stored inside the proposed fenced area only.
Landscaping plans must be approved by the Community Development and
Public Works Departments prior to installation. Along the northern and
eastern property lines adjacent to the roundabout (between curb cuts), staff
recommends standard parking lot screening and a prohibition against the
storing of damaged vehicles in this area. Sight triangles at driveway must be
maintained. Any landscaping in the boulevard will require a Boulevard
Feature Permit.
The applicant shall be responsible for continued maintenance of landscaping
in keeping with the approved plans.
All areas of the site not occupied by buffer yards or required landscaping shall
be paved with asphalt or concrete as necessary. The parking lot perimeter
shall have concrete curb and gutter installed around the buffer yards.
A grading and utility plan must be submitted and approved by the Public
Works Director prior to the issuance of a building permit.
Any new utility service must be underground. All new utilities, including roof-
top equipment, must be screened in accordance with City Code requirements.
A screening plan is required prior to installation.
Separate sign permits are required.
The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report dated September 10, 2015, and compliance with all other City and
State regulations;
Prior to the issuance of an occupancy permit, the applicant must submit a
surety equal to 125% of the value of any improvements and/or requirements
not yet complete, unless reduced by the Community Development Director.
This surety shall be provided in the manner specified by the Zoning Code.
10. This conditional use permit and these variances 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 year. Expiration is governed by the City Zoning Ordinance, Section 547.09,
Subdivision 9.
11. 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.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of
November 2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Code Requirements I Required Findings
Part 1 — Auto mechanical or body repair shops in General Business (C-2)
District: The findings necessary to approve said business in the C-2 District are
as follows (534.07, Subd. 12).
1. The use site shall not be located within 300 feet of the grounds of a school,
church or hospital. This requirement is met.
2. If the use site abuts a residentially zoned lot, a buffer of not less than 25 feet
in width and 75 percent all-season opacity from the ground to a height of 6
feet shall be provided to separate all aspects of such use from abutting
residential parcels. The Council may reduce this requirement to not less than
15 feet if significant additional landscaping and fencing, with 100 percent all-
season opacity, is provided to screen the auto mechanical or body repair
shop use. Staff recommends that cedar fencing be required along the
southern property line and surrounding the damaged vehicle storage area,
extending northward along the western property line to meet the building, and
that landscaping be found sufficient for the remaining residential edge. Along
the northern and eastern property lines adjacent to the roundabout (between
curb cuts), staff recommends standard parking lot screening and a prohibition
against the storing of damaged vehicles in this area. The applicant has
requested a variance to this requirement along the southern property line. A
full discussion of this request can be found in Part 3 below.
3. A buffer yard of not less than 15 feet in width shall be provided to separate all
aspects of such use from any abutting parcel. The applicant has requested a
variance to this requirement along the southern property line. A full
discussion of this request can be found in Part 3 below.
4. Vehicles that are inoperable shall not be stored on the premises, except in
appropriately designed and screened areas as approved by the City. In
accordance with Section 1320 of the City Code, inoperable vehicles cannot
be stored on any property for more than 96 hours. The applicant will be
required to comply with all applicable storage regulations.
5. Vehicles that are waiting for repair shall be stored in appropriately designed
and screened areas as approved by the City. The applicant is proposing to
store damaged vehicles in a screened area in the southwest corner of the
property. The applicant has proposed a 6-foot fence along the entire south
property line and also surrounding the area in which any damaged vehicles
will be stored, including the proposed trash enclosure area.
6. If the use is not located on a county road or state highway, it shall not be
operated between the hours of 11:00 pm and 6:00 am. The use is located on
a county road and restrictions on operating hours do not apply. Proposed
hours of operation are Monday-Saturday 8:00 am — 6:00 pm.
7. 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. The applicant will be required to
comply with operational regulations.
Part 2 — Conditional Use Permit: The findings necessary to issue a Conditional
Use Permit (CUP) are as follows (547.09, Subd. 6):
1. The proposed use is consistent with the goals, policies, and objectives of the
City's Comprehensive Plan. The proposed use of the property is consistent with
the guiding "Community Commercial" designation. The Comprehensive Plan
identifies a number of goals and policies related to economic development and
support for business and employment growth. The proposal is consistent with
these goals and policies.
2. The proposed use is consistent with the purposes of the Zoning Code and the
purposes of the zoning district in which the applicant intends to locate the
proposed use. The purpose of the Zoning Code is to protect and promote the
public health, safety, comfort, aesthetics, economic viability, and general welfare
of the City. The purpose of the General Business (C-2) District is to allow a wide
variety of commercial businesses that are attractive and compatible with nearby
residential properties. The proposal is consistent with these purposes.
3. The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines. The proposed use is consistent with the East
66th Street Corridor plan.
4. The proposed use is or will be in compliance with the performance standards
specified in Section 544 of this code. The proposed development will either
maintain the status quo or significantly improve compliance with performance
standards requirements. The applicant must submit a landscaping plan that
complies with Subsection 544.03. The applicant must submit a revised site plan,
including complete fence locations & details, and propose a trash enclosure that
fully complies with Subsection 544.05.
5. The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services, or existing or proposed improvements. The City's
Public Works and Engineering Departments have reviewed the proposal and do
not anticipate any issues.
6. The use will not have undue adverse impacts on the public health, safety, or
welfare. Adequate provisions have been made to protect the public health,
safety and welfare.
7. There is a public need for such use at the proposed location. Investment and
improvement in vacant sites is necessary to maintain a healthy community.
8. The proposed use meets or will meet all the specific conditions set by this
code for the granting of such conditional use permit. This requirement will be
met by the granting of a variance to the buffer yard regulations. All other specific
conditions are met.
Part 3 -Variances: The findings necessary to approve a variance are as follows
Subd. 547.11):
1. There are "practical difficulties"that prevent the property owner from using the
property in a reasonable manner.
2. There are unusual or unique circumstances that apply to the property which
were not created by the applicant and do not apply generally to other
properties in the same zone or vicinity.
3. The variance would not alter the character of the neighborhood or the locality.
4. The variance is the minimum necessary to alleviate the practical difficulty.
5. The variance is in harmony with the general purpose and intent of the
ordinance and consistent with the Comprehensive Plan.
Reduced buffer yard and Reduced parking setback (534.07 Subd. 12 b & c,
and 534.11 Subd. 1)
The applicant has requested a variance to reduce the required buffer yard from
15 feet to 7 feet along a portion of the southern property line. The existing
building is set back 50 feet from the rear property line. Parking lot standards
require a minimum 24 foot drive aisle and 18 foot stall depth. After factoring in
those distances, plus curb and gutter, 7 feet of space remains for adding a buffer
yard along the southern property line. This reduction also applies to the required
parking setback from residential property in that same area.
Criteria 1: The placement of the existing building and preferred location for
vehicle storage necessitates reducing the required buffer yard. Strict
enforcement of a 15 foot buffer yard would create a practical difficulty by
removing the ability to park and maneuver vehicles behind the building.
Criteria 2: The placement of the existing building was not created by the
applicant.
Criteria 3: The proposed variance is not expected to have any impact on the
character of the neighborhood. The applicant proposes to add 7 feet of buffer
yard that is not present today. While not ideal, this represents an improvement
over the present condition by adding buffer space and additional landscaping.
Criteria 4: The proposed variance is the minimum necessary to alleviate the
practical difficulty. Staff looked at a possible reduction to the drive aisle
requirement, but due to various encroaching utility equipment located behind the
building, decided it was unwise to recommend anything below 24 feet.
Criteria 5: The proposed reduction does not conflict with the purpose and/or
intent of the Comprehensive Plan or the Ordinance.
Front building setback (534.11 Subd. 2c)
The applicant has requested a variance to increase the front building setback to
67 feet. The maximum front setback for a principal building on a lot located
along an arterial road is 40 feet or the average setback of the existing principal
building(s) abutting such lot, whichever is greater. In no case shall the front
setback for a principal building exceed 60 feet.
Criteria 1: It is reasonable to reuse the existing building. Strict enforcement
would create a practical difficulty.
Criteria 2: This property was constructed prior to codes dictating maximum
building setback. The applicant did not create this situation.
Criteria 3: The proposed variance is not expected to have a negative impact on
the character of the neighborhood.
Criteria 4: The proposed variance is the minimum necessary to allow reuse of
the existing building.
Criteria 5: The proposed variance does not conflict with the purpose and/or
intent of the Comprehensive Plan or the Ordinance.
Pedestrian connection from sidewalk (544.15)
A striped pedestrian connection to the building is proposed from the 66th Street
sidewalk only. No pedestrian connection is proposed from the Portland Avenue
sidewalk. The pedestrian connection from the 66th Street sidewalk is proposed to
be striped with paint, extending from the front property line to the ADA-accessible
building entrance.
Criteria 1: Given the locations of the crosswalk, raised planter bed, and curb cut
in relation to one another, requiring a striped pedestrian connection from the
Portland Avenue sidewalk would be a practical difficulty.
Criteria 2: When the intersection was reconstructed as a roundabout, design
decisions were made to construct a raised concrete planter bed and barrier,
preventing direct site access in line with the crosswalk. This situation was not
created by the applicant.
Criteria 3: The proposed variance is not expected to have any impact on the
character of the neighborhood.
Criteria 4: The proposed variance is the minimum necessary.
Criteria 5: The proposed reduction does not conflict with the purpose and/or
intent of the Comprehensive Plan or the Ordinance.
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AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM# 3
REPORT#
CASE# 15-VAR-06
PLANNING COMMISSION STAFF REPORT
PC MEETING DATE: OCTOBER 26, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Cancel public hearing to consider a request for a variance at 7134 Cedar Avenue
F.RECOMMENDED ACTION:
F Cancel public hearing for a variance at 7134 Cedar Avenue.
II. BACKGROUND
Staff has determined that the variance application was not necessary. Because notice
of the hearing was published, the Planning Commission must cancel the public hearing.
III. BASIS OF RECOMMENDATION
A. POLICY
None
B. CRITICAL ISSUES
0 None
C. FINANCIAL
None
D. LEGAL
Notification: Notice of this public hearing was published in the Sun Current in
accordance with State and Local requirements. Properties within 350 feet
were notified by mail.
IV. ALTERNATIVE RECOMMENDATION(S)
None
V. ATTACHMENTS
None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
None
AGENDA SECTION: NEW BUSINESS
AGENDA ITEM# 4
REPORT# 17
CASE#
PLANNING COMMISSION STAFF REPORT
PC MEETING DATE: OCTOBER 26, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Consideration of a motion rescheduling the regular December Planning Commission meeting. I
I.RECOMMENDED ACTION:
By Motion: Approve the rescheduling of the regular December
Planning Commission meeting from December 28, 2015 to December
14, 2015.
II. BACKGROUND
The regularly scheduled December Planning Commission meeting falls on Monday,
December 28th. In order to ensure a quorum, staff believes it is better to avoid the time
between the Christmas and New Year's holidays. December 14th, the second Monday
of the month, was originally discussed as a possible study session date; however, no
topic has been selected. Staff recommends rescheduling the regular meeting to this
date.
III. BASIS OF RECOMMENDATION
Proximity of regular meeting to holidays.
Iy. ATTACHMENTS
None