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Res 2019- 51 Variance for HSHS, 1897 Delaware AveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-51 RESOLUTION APPROVING A VARIANCE FOR A NEW AQUATIC CENTER AT HENRY SIBLEY HIGH SCHOOL LOCATED AT 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 height for a proposed new aquatics center 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 31'-8", as proposed in the amended plan set submitted as part of Planning Case No. 2019-18; 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), and WHEREAS, on July 11, 2019, the Mendota Heights Planning Commission re -opened the public hearing on the variance related to the aquatic center; a supplemental 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 recommend approval of the Variance (on 7-0 vote), with certain findings of fact to support such approval and with certain conditions. 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 aquatics center at Henry Sibley High School, 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 proposed aquatics building to exceed the 25 -ft. height limits in the R -1/R -IA One Family Residential District to 31 -ft. -8 -inches, by the following: i.) the proposed structure height increase is 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 is 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 proposed aquatics center building [and the related school facility buildings] are not a typical single-family use in the underlying R-1 One Family Residential District; and therefore supports the approval or granting of such variance in this particular case; iii.)the excess height of the new aquatics center is less than what exists today on the school campus site, so the impacts will not be noticeable when compared to other (pre-existing) structures on the campus site; and iv.) The variance, if granted, will not alter the essential character of the neighborhood; since the school has been in place since the 1970's in the community, and this aquatics center can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, Res 2019-51 Page 2 faculty, and the community. Furthermore, the applicant has demonstrated an effort to reduce the impacts to the neighborhoods by lowering the height of the proposed aquatics building, moving the building away from the adjacent roadway, and installing an earthen berm as an added area and elevation for trees and plantings that will provide a natural screening to the neighborhoods. 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 this Variance will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of this Variance is 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 July 11, 2019 (both on file with the City of Mendota Heights), are hereby fully incorporated into Resolution No. 2019-51. F. Pursuant to City Code Section 12-1L-5: Variances, the City has the authority to place reasonable conditions upon the property subject to this Variance request, and 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 permit for the proposed revised aquatics center building and related improvements and structures identified herein. 2) The Applicant shall not increase the height of the new aquatic structure as approved or presented under this application. Any additional 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. 4) The Applicant shall not schedule or conduct a swim meet or any other spectator event inside the aquatic center at the same time as a varsity football home game. Res 2019-51 Page 3 5) The Applicant shall have the fmal landscape plan reviewed on an advisory basis by the city's Master Gardeners for compliance with city pollinator friendly policy. 6) The future comprehensive sign plan for the school shall include a provision that no signage be installed on the easterly elevation of the building facing Delaware Avenue; and the aquatic center will have interior window treatments to reduce and minimize lighting from inside the aquatic center during night time hours. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance for the new aquatic center at Henry Sibley High School, as proposed under Planning Case No. 2019-18, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 16th day of July, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-51 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. AND 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. 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". AND 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 2019-51 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 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 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 8000' 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 2019-51 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 2019-51 3315785 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 A VARIANCE FOR A NEW AQUATIC CENTER AT HENRY SIBLEY HIGH SCHOOL LOCATED AT 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 height for a proposed new aquatics center 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 31'-8", as proposed in the amended plan set submitted as part of Planning Case No. 2019-18; 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), and WHEREAS, on July 11, 2019, the Mendota Heights Planning Commission re -opened the public hearing on the variance related to the aquatic center; a supplemental 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 recommend approval of the Variance (on 7-0 vote), with certain findings of fact to support such approval and with certain conditions. 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 aquatics center at Henry Sibley High School, 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 proposed aquatics building to exceed the 25 -ft. height limits in the R -1/R -IA One Family Residential District to 31 -ft. -8 -inches, by the following: i.) the proposed structure height increase is 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 is 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 proposed aquatics center building [and the related school facility buildings] are not a typical single-family use in the underlying R-1 One Family Residential District; and therefore supports the approval or granting of such variance in this particular case; iii.)the excess height of the new aquatics center is less than what exists today on the school campus site, so the impacts will not be noticeable when compared to other (pre-existing) structures on the campus site; and iv.) The variance, if granted, will not alter the essential character of the neighborhood; since the school has been in place since the 1970's in the community, and this aquatics center can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, Res 2019-51 Page 2 faculty, and the community. Furthermore, the applicant has demonstrated an effort to reduce the impacts to the neighborhoods by lowering the height of the proposed aquatics building, moving the building away from the adjacent roadway, and installing an earthen berm as an added area and elevation for trees and plantings that will provide a natural screening to the neighborhoods. 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 this Variance will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of this Variance is 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 July 11, 2019 (both on file with the City of Mendota Heights), are hereby fully incorporated into Resolution No. 2019-51. F. Pursuant to City Code Section 12-1L-5: Variances, the City has the authority to place reasonable conditions upon the property subject to this Variance request, and 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 permit for the proposed revised aquatics center building and related improvements and structures identified herein. 2) The Applicant shall not increase the height of the new aquatic structure as approved or presented under this application. Any additional 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. 4) The Applicant shall not schedule or conduct a swim meet or any other spectator event inside the aquatic center at the same time as a varsity football home game. Res 2019-51 Page 3 5) The Applicant shall have the final landscape plan reviewed on an advisory basis by the city's Master Gardeners for compliance with city pollinator friendly policy. 6) The future comprehensive sign plan for the school shall include a provision that no signage be installed on the easterly elevation of the building facing Delaware Avenue; and the aquatic center will have interior window treatments to reduce and minimize lighting from inside the aquatic center during night time hours. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance for the new aquatic center at Henry Sibley High School, as proposed under Planning Case No. 2019-18, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 16th day of July, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-51 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. AND 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. 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". AND 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 2019-51 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 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 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 8000' 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 2019-51 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.