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HomeMy WebLinkAboutResolution No. 2019-36 Conditional Use Permit for Restoration HardwareRESOLUTION NO. 2019-36 APPROVING A CONDITIONAL USE PERMIT FOR RESTORATION HARDWARE AT 6801 FRANCE AVENUE SOUTH BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section I. BACKGROUND. 1.01 Restoration Hardware (RH) is proposing rooftop dining at the building under construction at 6801 France Avenue South. A site plan for Restoration Hardware was approved by the Planning Commission and City Council in 2017. The project was reviewed administratively after approval by the Planning Commission and City Council, due to the project changing from 3-4 stories down to three stories in height. The top floor of the three story RH under construction includes kitchen space, a pantry/wine bar, cafe, and outdoor terrace space with outdoor dining. 1.02 The property is legally described as follows: Tract B of Registered Land Survey No. 1849, Hennepin County, Minnesota. 1.03 To accommodate the request, the following land use applications are requested: I. A Conditional Use Permit. 1.04 On April 24, 2019, the Planning Commission unanimously recommended approval of the request. 1.05 On May 7, 2019 the City Council held a public hearing on the Conditional Use Permit. Section 2. FINDINGS 2.01 Approval is based on the following findings: I. The proposed rooftop dining is not in close proximity to existing residential uses. 2. The proposal meets the conditional use permit criteria in Section 36-612 of the City Code. CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0390 RESOLUTION NO. 2019-36 Page 2 Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Conditional Use Permit for Restoration Hardware (RH) at 6801 France Avenue South. Approval is subject to the following conditions: I. Hours of operation are limited to 7:00 am to 10:00 pm. 2. Amplified sound shall be subject to the city's noise ordinance chapter 23, division 5 of the city code. 3. The rooftop dining area will be kept in a clean and orderly manner. 4. Service of alcoholic beverage requires the applicant to obtain appropriate liquor licenses in compliance with Edina Code Section 4 and Minnesota Statute 340A. 5. Required fencing shall meet the Minnesota State Building Code and must be reviewed and approved by the Building Department at the time of building permit. 6. Lighting shall meet the requirements in Section 36-1260 of City Code. 7. The rooftop dining area shall be constructed per the plans date stamped March 19, 2019. Adopted by the City Council of the City of Edina, Minnesota, on May 7, 2019. RESOLUTION NO. 2019-36 Page 3 ATTEST: %it . Sh ron Ilison, City Clerk es B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of May 7, 2019, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2019. City Clerk