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Res 2018- 78 Variances for Henry Sibley School, 1897 DelawareCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-78 RESOLUTION APPROVING A VARIANCE FOR NUMBER OF ALLOWED ACCESSORY STRUCTURES STANDARDS; A VARIANCE FOR ACCESSORY STRUCTURES TO EXCEED ALLOWABLE AREA STANDARDS; AND A VARIANCE TO ALLOW NEW FIELD LIGHT POLES TO EXCEED ACCESSORY STRUCTURE HEIGHT STANDARDS, ALL IN THE R -1/R -IA RESIDENTIAL DISTRICT FOR HENRY SIBLEY HIGH SCHOOL - LOCATED AT 1897 DELAWARE AVENUE (PLANNING CASE NO. 2018-23) WHEREAS, Independent School District No. 197 (the "Applicant") applied for a Variance Application under Planning Case No. 2018-23, for the property generally identified as Henry Sibley High School, located at 1897 Delaware Avenue, and which is legally described in attached Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is guided under the 2030 Comprehensive Plan as Institutional — "S -School" and zoned R-1 and R -IA One Family Residential, according to the city's official Zoning Map; and WHEREAS, City Code Section 12-1D-3 contains certain standards for accessory structures in all residential districts, whereby parcels 4 acres or greater are allowed to have no more than 3 accessory structures; the total area of all structures cannot exceed 425 sq. ft.; and no single structure can exceed 225 sq. ft., and furthermore City Code Section 12 -1E -3.D generally states no structures or building shall exceed twenty-five feet (25') in height in residential zones; and WHEREAS, the Applicant is seeking permission to exceed the maximum allowable number of accessory structures; exceed the allowable amount of accessory structure area, both individually and in total structure area, and exceed allowable heights for accessory structures (light poles) in the R-1 and R-lA One Family Residential district, all being related to the proposed new athletic field improvements for the Henry Sibley High School campus; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this item at a special meeting of October 4, 2018, whereby a planning staff report was presented and received by the commission, comments from the Applicant and public were received and noted for the record, and upon closing the hearing, the Planning Commission recommended to approve (by 7-0 vote) the Variances for Number of Accessory Structures, Variance for Accessory Structures Area, and Variance to Allowable Accessory Structure Heights in the R-1/R-lA Districts, all related to the Henry Sibley High School Athletic Field Improvements project, as presented under Planning Case No. 2018-23, and for property located at 1897 Delaware Avenue. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Variances for Number of Accessory Structures, Variance for Accessory Structures Area, and Variance to Allowable Accessory Structure Heights in the R-1/R-lA Districts, all related to the Henry Sibley High School Athletic Field Improvements project, as presented under Planning Case No. 2018-23, and for property located at 1897 Delaware Avenue, can be supported and approved based on the following findings of fact: A. The scale and scope of the variances needed to approve the number, sizes and heights of the proposed accessory structures, including the new bleachers, concession stands, storage facilities, and over -height light poles on this very large high school campus, are considered consistent with the spirit and intent of the City Code and Comprehensive Plan for the community, and may be approved as presented herein. B. The City Code's accessory structure standards for residential districts causes a practical difficulty for a school use in this district, due to the overall size, scale and historical nature of the school use at the subject location. C. The Applicant have proven or demonstrated a practical difficulty or reasonableness in this case for granting of a variance to allow oversized, over height and numbers to allowable accessory structures, including light poles, in the R-1 One Family Residential district. It is a reasonable use of the property to place light poles and accessory buildings in this location. D. The plight of the landowner is due to circumstances unique to the property, as this school use is not a typical single-family use in the underlying R-1 One Family Residential District, and therefore does warrant the approval or granting of these variances. The property is physically unique in that the large size of the campus and the application for the accessory structures and the light poles necessitates the need for the variances. E. The variances, if granted, will not alter the essential character of the neighborhoods; since the school is and has been in place and operation for a number of years in the community, and there is a general accepted expectation that this athletic field improvement and its related accessory structures can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community; and therefore the city recommends these variances may be approved. The light poles and accessory buildings are not out of scale, out of place, or inconsistent with the appearance of the neighborhood Res 2018-78 page 2 BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the request for Variances for Number of Accessory Structures, Accessory Structures Area, and Allowable Accessory Structure Heights in the R-l/R-lA Districts, and all related to the Henry Sibley High School Athletic Field Improvements project, are hereby approved with the following conditions: 1. The Applicant shall obtain a building permit for each new structure identified herein, including any fence or electrical permits as necessary. 2. The Applicant shall not deviate from the amended site plan under this application review; nor increase any accessory structure numbers, area (footprint) or height without first seeking and receiving city approvals, unless City Code provides for certain or allowable improvements to be made without any special application review process. 3. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. 4. The Applicant shall not hold another event on site at the same time as a varsity football home game. Adopted by the City Council of the City of Mendota Heights this 16th day of October, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: a-vL� Lorri Smith, City Clerk Res 2018-78 page 3 EXHIBIT A Property Address: 1897 Delaware Avenue, Mendota Heights MN 55118 Henry Sibley High School Dakota County Parcel ID Nos. 270250002010,270250001030, 270250001020, 270250001040, 270250001050, 270250001060, and 270250003010 DESCRIPTION OF PROPERTY SURVEYED The South 7 acres of the North 12 acres of the East one-half of the Northeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three. E The West 426 feet of the North one-half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section twenty-five, Township twenty-eight North, Range twenty-three West, except the North 40 feet thereof. AND The West One -Half of the Northeast Quarter of the Northeast Quarter Section Twenty-five, Township Twenty-eight, Range Twenty-three, Dakota County. AND The Southeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three. FEMME The Southerly One Hundred feet of the Easterly Two Hundred Twenty feet of the North One half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three, subject to the rights of the Public over the Easterly Thirty feet thereof for Roadway purposes. Commonly known as "Delaware Avenue". The South One Hundred feet of the North One Half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty- three, except the West Four Hundred Twenty -Six feet, and also except the East Two Hundred Twenty feet thereof, Dakota County, Minnesota. AND The South Eight Acres of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight North, Range Twenty- three West. Res 2018-78 page 4 EXCEPT The West 40 feet of the W 1/2 of the NE 1/4 of the NE 1/4 of Sec. 25, T28N, R23W, excepting the North 40 feet for street. ALSO EXCEPT That portion of the SE 1/4 of the NE 1/4 of Sec. 25, T28N, R23W. Commencing at the NW comer of said SE 1/4 NE 1/4 thence east 40 feet, thence South 262.50 feet, thence Southeasterly 221.97 feet along an are of 1,106.28 feet radius concave Northeasterly, thence S11° 30'E, 95.16 ft., thence Southerly 238.03 feet along an are of 1,186.28 feet radius concave Southwesterly, thence South 3 84 feet more or less to the North right of way line of T.H. 110, thence Westerly 105.0 feet to the West line of said SE 114 NE 114, thence North 1,197.00 feet more or less, to the point of beginning. I_VI 911jrXGUAI I All that part of the following described tract: The southeast quarter of the northeast quarter of Section 25, township 28 north, range 23 west, except highways; which lies southerly of a line run parallel with and distant 75 feet northerly of the following described line: Beginning at a point on the east line of said section 25, distant 364.03 feet north of the east quarter comer thereof, thence run westerly at an angle of 90° 17'45" with said east section line (when measured from north to west) for 41.28 feet; thence deflect to the left on a 16°00' curve (delta angle 40°00') for 250 feet; thence on tangent to said curve for 101.75 feet; thence deflect to the right on an 8°00' curve (delta angle 40°00') for 500 feet thence on tangent to said curve for 600 feet and there terminating. ALSO EXCEPT The east 30.00 feet of the North 112 of Section 25, Township 28, Range 23, dedicated on the Plat of Delaware. Property is located in Dakota County, Minnesota. Res 2018-78 page 5 Receipt:# 596281 3296389 VR '6IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 3/13/2019 9:47 AM By: AS, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-78 RESOLUTION APPROVING A VARIANCE FOR NUMBER OF ALLOWED ACCESSORY STRUCTURES STANDARDS; A VARIANCE FOR ACCESSORY STRUCTURES TO EXCEED ALLOWABLE AREA STANDARDS; AND A VARIANCE TO ALLOW NEW FIELD LIGHT POLES TO EXCEED ACCESSORY STRUCTURE HEIGHT STANDARDS, ALL IN THE R -1/R -IA RESIDENTIAL DISTRICT FOR HENRY SIBLEY HIGH SCHOOL - LOCATED AT 1897 DELAWARE AVENUE (PLANNING CASE NO. 2018-23) WHEREAS, Independent School District No. 197 (the "Applicant") applied for a Variance Application under Planning Case No. 2018-23, for the property generally identified as Henry Sibley High School, located at 1897 Delaware Avenue, and which is legally described in attached Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is guided under the 2030 Comprehensive Plan as Institutional — "S -School" and zoned R-1 and R -IA One Family Residential, according to the city's official Zoning Map; and WHEREAS, City Code Section 12-1D-3 contains certain standards for accessory structures in all residential districts, whereby parcels 4 acres or greater are allowed to have no more than 3 accessory structures; the total area of all structures cannot exceed 425 sq. ft.; and no single structure can exceed 225 sq. ft., and furthermore City Code Section 12 -1E -3.D generally states no structures or building shall exceed twenty-five feet (25') in height in residential zones; and WHEREAS, the Applicant is seeking permission to exceed the maximum allowable number of accessory structures; exceed the allowable amount of accessory structure area, both individually and in total structure area, and exceed allowable heights for accessory structures (light poles) in the R-1 and R-lA One Family Residential district, all being related to the proposed new athletic field improvements for the Henry Sibley High School campus; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this item at a special meeting of October 4, 2018, whereby a planning staff report was presented and received by the commission, comments from the Applicant and public were received and noted for the record, and upon closing the hearing, the Planning Commission recommended to approve (by 7-0 vote) the Variances for Number of Accessory Structures, Variance for Accessory Structures Area, and Variance to Allowable Accessory Structure Heights in the R-1/R-lA Districts, all related to the Henry Sibley High School Athletic Field Improvements project, as presented under Planning Case No. 2018-23, and for property located at 1897 Delaware Avenue. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Variances for Number of Accessory Structures, Variance for Accessory Structures Area, and Variance to Allowable Accessory Structure Heights in the R-1/R-lA Districts, all related to the Henry Sibley High School Athletic Field Improvements project, as presented under Planning Case No. 2018-23, and for property located at 1897 Delaware Avenue, can be supported and approved based on the following findings of fact: A. The scale and scope of the variances needed to approve the number, sizes and heights of the proposed accessory structures, including the new bleachers, concession stands, storage facilities, and over -height light poles on this very large high school campus, are considered consistent with the spirit and intent of the City Code and Comprehensive Plan for the community, and may be approved as presented herein. B. The City Code's accessory structure standards for residential districts causes a practical difficulty for a school use in this district, due to the overall size, scale and historical nature of the school use at the subject location. C. The Applicant have proven or demonstrated a practical difficulty or reasonableness in this case for granting of a variance to allow oversized, over height and numbers to allowable accessory structures, including light poles, in the R-1 One Family Residential district. It is a reasonable use of the property to place light poles and accessory buildings in this location. D. The plight of the landowner is due to circumstances unique to the property, as this school use is not a typical single-family use in the underlying R-1 One Family Residential District, and therefore does warrant the approval or granting of these variances. The property is physically unique in that the large size of the campus and the application for the accessory structures and the light poles necessitates the need for the variances. E. The variances, if granted, will not alter the essential character of the neighborhoods; since the school is and has been in place and operation for a number of years in the community, and there is a general accepted expectation that this athletic field improvement and its related accessory structures can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community; and therefore the city recommends these variances may be approved. The light poles and accessory buildings are not out of scale, out of place, or inconsistent with the appearance of the neighborhood Res 2018-78 page 2 BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the request for Variances for Number of Accessory Structures, Accessory Structures Area, and Allowable Accessory Structure Heights in the R-l/R-lA Districts, and all related to the Henry Sibley High School Athletic Field Improvements project, are hereby approved with the following conditions: The Applicant shall obtain a building permit for each new structure identified herein, including any fence or electrical permits as necessary. 2. The Applicant shall not deviate from the amended site plan under this application review; nor increase any accessory structure numbers, area (footprint) or height without first seeking and receiving city approvals, unless City Code provides for certain or allowable improvements to be made without any special application review process. 3. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. 4. The Applicant shall not hold another event on site at the same time as a varsity football home game. Adopted by the City Council of the City of Mendota Heights this 16th day of October, 2018. a-vL� Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1141 Victaria Curve Mendota Heights, MN 55118 CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor Res 2018-78 page 3 EXHIBIT A Property Address: 1897 Delaware Avenue, Mendota Heights MN 55118 Henry Sibley High School Dakota County Parcel ID Nos. 270250002010,270250001030, 270250001020, 270250001040, 270250001050, 270250001060, and 270250003010 DESCRIPTION OF PROPERTY SURVEYED The South 7 acres of the North 12 acres of the East one-half of the Northeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three. E The West 426 feet of the North one-half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section twenty-five, Township twenty-eight North, Range twenty-three West, except the North 40 feet thereof. AND The West One -Half of the Northeast Quarter of the Northeast Quarter Section Twenty-five, Township Twenty-eight, Range Twenty-three, Dakota County. AND The Southeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three. FEMME The Southerly One Hundred feet of the Easterly Two Hundred Twenty feet of the North One half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three, subject to the rights of the Public over the Easterly Thirty feet thereof for Roadway purposes. Commonly known as "Delaware Avenue". The South One Hundred feet of the North One Half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty- three, except the West Four Hundred Twenty -Six feet, and also except the East Two Hundred Twenty feet thereof, Dakota County, Minnesota. AND The South Eight Acres of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight North, Range Twenty- three West. Res 2018-78 page 4 EXCEPT The West 40 feet of the W 1/2 of the NE 1/4 of the NE 1/4 of Sec. 25, T28N, R23W, excepting the North 40 feet for street. ALSO EXCEPT That portion of the SE 1/4 of the NE 1/4 of Sec. 25, T28N, R23W. Commencing at the NW comer of said SE 1/4 NE 1/4 thence east 40 feet, thence South 262.50 feet, thence Southeasterly 221.97 feet along an are of 1,106.28 feet radius concave Northeasterly, thence S11° 30'E, 95.16 ft., thence Southerly 238.03 feet along an are of 1,186.28 feet radius concave Southwesterly, thence South 3 84 feet more or less to the North right of way line of T.H. 110, thence Westerly 105.0 feet to the West line of said SE 114 NE 114, thence North 1,197.00 feet more or less, to the point of beginning. I_VI 911jrXGUAI I All that part of the following described tract: The southeast quarter of the northeast quarter of Section 25, township 28 north, range 23 west, except highways; which lies southerly of a line run parallel with and distant 75 feet northerly of the following described line: Beginning at a point on the east line of said section 25, distant 364.03 feet north of the east quarter comer thereof, thence run westerly at an angle of 90° 17'45" with said east section line (when measured from north to west) for 41.28 feet; thence deflect to the left on a 16°00' curve (delta angle 40°00') for 250 feet; thence on tangent to said curve for 101.75 feet; thence deflect to the right on an 8°00' curve (delta angle 40°00') for 500 feet thence on tangent to said curve for 600 feet and there terminating. ALSO EXCEPT The east 30.00 feet of the North 112 of Section 25, Township 28, Range 23, dedicated on the Plat of Delaware. Property is located in Dakota County, Minnesota. Res 2018-78 page 5 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 121 day of March, 2019. Lorri Smith, City Clerk (SEAL)