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Res 2019- 48 Variances for Gymnasium Add Entrance Henry Sibley High SchoolCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-48 RESOLUTION APPROVING VARIANCES FOR A NEW GYMNASIUM ADDITION AND FRONT ENTRY WAY ADDITION AT HENRY SIBLEY HIGH SCHOOL -1897 DELAWARE AVENUE (PLANNING CASE NO. 2019-18) WHEREAS, under Planning Case No. 2019-18, Independent School District No. 197 (as "Applicant") and acting on behalf of Henry Sibley High School, applied for a variance to increase the structure heights for a proposed new aquatics center, a gymnasium addition and a main (front) entryway addition to the high school facility, located at 1897 Delaware Avenue (the "Subject Property"), and legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided S -School [Institutional] in the 2030 Comprehensive Plan and is located in the R-1 and R -IA One Family Residential Districts; and WHEREAS, City Code Section 12-lE-3.D states no structures or building shall exceed twenty-five feet (25') in height in the single-family residential zones; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the Council to grant variances or certain modifications from the strict application of the provisions of the City Code, and impose conditions and safeguards with variances if so needed or granted; and WHEREAS, the Applicant is seeking permission to construct the new aquatics center addition with a height not exceed 35'-8", the gymnasium addition with a height not to exceed 50'- 5" and the front entryway addition with a height not to exceed 31'-2", all proposed in the plan set submitted with Planning Case No. 2019-18 and made part of the June 25, 2019 Planning Staff Report to the Mendota Heights Planning Commission; and WHEREAS, on June 25, 2019, the Mendota Heights Planning Commission held a public hearing on this item, 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 elected to table/postpone any recommendation on the variance associated with the proposed aquatics center (in order to give the Applicant additional time to work with neighboring residents to address landscaping, screening, lighting and sound mitigation measures), but elected to forward a favorable recommendation of approval (by 7-0 vote) for a variance on the new gymnasium addition not to exceed 50'-5" in height and the front entryway addition not to exceed 31'-2" in height; and NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby affirmed, and the Variances for the new gymnasium addition height and entryway additions height, as proposed under Planning Case No. 2019-18, can be approved based on the following findings of fact: A. Under Title 12 -1L -5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are "practical difficulties" in carrying out the strict letter of the regulations of the Code. "Practical difficulties" consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute "practical difficulties." B. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of a Variance to allow the construction of the new gymnasium addition building to exceed the 25 -ft. height limits to a height of 50 -ft. -5 -in., and the front (main) entryway addition to exceed the 25 -ft. height limits to a height not to exceed 31 -ft. -2 -in. by the following: i.) the proposed structure height increases are considered a reasonable request, based on the overall scope, scale and use of the subject property as a high school campus facility, and fits with the current design and layout of the existing school building on the property; and are considered consistent with the spirit and intent of the City Code and Comprehensive Plan; ii.) 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 and R -1A One Family Residential District, and therefore warrants the approval or granting of such variances in this particular case; iii.) the excess heights of the new gymnasium addition and entryway addition are all under or equal to what exists today; so there impacts will not be noticeable when compared to other (pre-existing) structures on the campus site; and iv.) 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 school facility improvements, including this gym addition and entryway addition, can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community. Res 2019-48 Page 2 C. The City has considered the factors required by Title 12 -1L -5E1 of the City Code, including but not limited to the effect of the Variances upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined these Variances for the gymnasium addition and front entryway addition will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of these Variances are for ISD -#197 (Henry Sibley High School) only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-18, dated and presented June 25, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution No. 2019-48. F. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: 1) The Applicant shall obtain a building and sign permit for all proposed improvements and structures identified herein. 2) The Applicant shall not deviate or increase the heights of structures as approved or presented under this application. Any changes must be reconsidered under a new application before the planning commission and approved by the city council. 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. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variances for the new gymnasium addition height and entryway additions height, as proposed under Planning Case No. 2019-18, are both hereby approved. Res 2019-48 Page 3 Adopted by the City Council of the City of Mendota Heights this 2nd day of July, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS fin n� Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-48 Page 4 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. M 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. s IM The Southeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three. N 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". umb 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 2019-48 Page 5 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 arc of 1,106.28 feet radius concave Northeasterly, thence S11 ° 30'E, 95.16 ft., thence Southerly 238.03 feet along an arc of 1,186.28 feet radius concave Southwesterly, thence South 384 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. ALSO EXCEPT 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 90017'45" with said east section line (when measured from north to west) for 41.28 feet; thence deflect to the left on a 16000' 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 2019-48 Page 6 Receipt:# 614716 RES $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-48 3315784 Recorded on: 7/19/2019 9:34 AM By: DRA, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder RESOLUTION APPROVING VARIANCES FOR A NEW GYMNASIUM ADDITION AND FRONT ENTRY WAY ADDITION AT HENRY SIBLEY HIGH SCHOOL -1897 DELAWARE AVENUE (PLANNING CASE NO. 2019-18) WHEREAS, under Planning Case No. 2019-18, Independent School District No. 197 (as "Applicant") and acting on behalf of Henry Sibley High School, applied for a variance to increase the structure heights for a proposed new aquatics center, a gymnasium addition and a main (front) entryway addition to the high school facility, located at 1897 Delaware Avenue (the "Subject Property"), and legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided S -School [Institutional] in the 2030 Comprehensive Plan and is located in the R-1 and R-lA One Family Residential Districts; and WHEREAS, City Code Section 12-lE-3.D states no structures or building shall exceed twenty-five feet (25') in height in the single-family residential zones; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the Council to grant variances or certain modifications from the strict application of the provisions of the City Code, and impose conditions and safeguards with variances if so needed or granted; and WHEREAS, the Applicant is seeking permission to construct the new aquatics center addition with a height not exceed 35'-8", the gymnasium addition with a height not to exceed 50'- 5" and the front entryway addition with a height not to exceed 31'-2", all proposed in the plan set submitted with Planning Case No. 2019-18 and made part of the June 25, 2019 Planning Staff Report to the Mendota Heights Planning Commission; and WHEREAS, on June 25, 2019, the Mendota Heights Planning Commission held a public hearing on this item, 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 elected to table/postpone any recommendation on the variance associated with the proposed aquatics center (in order to give the Applicant additional time to work with neighboring residents to address landscaping, screening, lighting and sound mitigation measures), but elected to forward a favorable recommendation of approval (by 7-0 vote) for a variance on the new gymnasium addition not to exceed 50'-5" in height and the front entryway addition not to exceed 31'-2" in height; and NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby affirmed, and the Variances for the new gymnasium addition height and entryway additions height, as proposed under Planning Case No. 2019-18, can be approved based on the following findings of fact: A. Under Title 12 -1L -5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are "practical difficulties" in carrying out the strict letter of the regulations of the Code. "Practical difficulties" consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute "practical difficulties." B. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of a Variance to allow the construction of the new gymnasium addition building to exceed the 25 -ft. height limits to a height of 50 -ft. -5 -in., and the front (main) entryway addition to exceed the 25 -ft. height limits to a height not to exceed 31 -ft. -2 -in. by the following: i.) the proposed structure height increases are considered a reasonable request, based on the overall scope, scale and use of the subject property as a high school campus facility, and fits with the current design and layout of the existing school building on the property; and are considered consistent with the spirit and intent of the City Code and Comprehensive Plan; ii.) 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 and R -1A One Family Residential District, and therefore warrants the approval or granting of such variances in this particular case; iii.) the excess heights of the new gymnasium addition and entryway addition are all under or equal to what exists today; so there impacts will not be noticeable when compared to other (pre-existing) structures on the campus site; and iv.) 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 school facility improvements, including this gym addition and entryway addition, can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community. Res 2019-48 Page 2 C. The City has considered the factors required by Title 12 -1L -5E1 of the City Code, including but not limited to the effect of the Variances upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined these Variances for the gymnasium addition and front entryway addition will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of these Variances are for ISD -#197 (Henry Sibley High School) only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-18, dated and presented June 25, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution No. 2019-48. F. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: 1) The Applicant shall obtain a building and sign permit for all proposed improvements and structures identified herein. 2) The Applicant shall not deviate or increase the heights of structures as approved or presented under this application. Any changes must be reconsidered under a new application before the planning commission and approved by the city council. 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. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variances for the new gymnasium addition height and entryway additions height, as proposed under Planning Case No. 2019-18, are both hereby approved. Res 2019-48 Page 3 Adopted by the City Council of the City of Mendota Heights this 2nd day of July, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS fin n� Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-48 Page 4 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. m 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. The Southeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three. AND 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". R 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 2019-48 Page 5 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 arc of 1,106.28 feet radius concave Northeasterly, thence S11 ° 30'E, 95.16 ft., thence Southerly 238.03 feet along an arc of 1,186.28 feet radius concave Southwesterly, thence South 384 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. ALSO EXCEPT 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 90017'45" with said east section line (when measured from north to west) for 41.28 feet; thence deflect to the left on a 16000' 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 2019-48 Page 6 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 19th day of July, 2019.