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Res 2020- 04 Deny Variance for 1178 Northland DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-04 RESOLUTION DENYING A VARIANCE FOR A NEW PERSONAL SELF -STORAGE FACILITY IN THE I -INDUSTRIAL DISTRICT LOCATED AT 1178 NORTHLAND DRIVE (PLANNING CASE NO. 2019-20) WHEREAS, Metro Storage, LLC (as "Applicant") applied for a Conditional Use Permit and a Variance to allow a new 117,810-s£, three-story personal self -storage facility in the Industrial District (the "Project"), for the property located at 1178 Northland Drive (the "Subject Property"), legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided Industrial in the 2030 Comprehensive Plan and located in the I -Industrial District; and WHEREAS, pursuant to City Code Title 12-1G-2, "Personal self -storage facility" is allowed by means of a conditional use permit (CUP), with specific site and structure design standards for said uses in the Industrial District; 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, pursuant to City Code Title 12-1 G-7 Site and Structure Requirements for the Industrial District, the floor area ratio (FAR) of any structure shall not exceed a value of 0.5; and WHEREAS, on August 27, 2019, the Applicant presented a Conditional Use Permit and Variance request to the Mendota Heights Planning Commission to allow the Project, along with a Variance to exceed the maximum floor area ratio (FAR) standard of 0.5 with a proposed 1.24 FAR, and upon this first consideration a motion was made to deny the Variance alone, whereby said motion failed on a 3-3-1 vote, resulting in a no -decision or recommendation by the commission, and this application was tabled to allow the Applicant and city staff to present other options to the variance; and WHEREAS, upon the separate denial of two separate zoning code amendments related to the FAR standard, at the December 19, 2019 Planning Commission meeting the commission re- opened the closed public hearing (from the August 27, 2019 meeting), allowed for additional public comments, and after conclusion of discussion, a motion was made to approve the Variance for Planning Case No. 2019-20, but failed on a 2-2 vote; and WHEREAS, at this same December 19, 2019 meeting, a second motion was made by the commission to forward this Variance application to the City Council without a recommendation from the Planning Commission, which was approved on a 3-1 vote. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Variance to exceed the maximum floor area ratio (FAR) standard of 0.5 with a proposed 1.24 FAR for the Project, as proposed under Planning Case No. 2019-20, is denied based on the following findings -of -fact: A. Under Title 12 -1L -5A of the City Code, the City 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 City hereby determines the Applicant has not fully met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of this Variance to exceed the floor area ratio requirement (FAR) of 0.5 for Industrial District uses. The FAR is included in the City Code to limit large vertical spaces, which are not suited to the traditional design of the City's industrial park. In other places in the City Code, the FAR is increased, such as a 1.0 FAR in the B- 4 Shopping Center District (Section 12-1F-5D1(e)), and a 0.6 FAR for buildings located within a "retail sales and service complex" (Section 12-1G-2). No provision in the City Code allows for a FAR of 1.24, which is requested by the Applicant. The City Council finds that allowance of such a FAR on the Subject Property would not be a reasonable use of the property, as the FAR would be increased by nearly 150% over the City's legal standard. The City Council therefore finds the Project as proposed is not essential to the overall enjoyment and continued use of the Subject Property. C. Because the City finds that the first prong of the three-part test (reasonable use of the Subject Property) is not met by the Applicant, the City need not consider the remaining two prongs of the test (unique circumstances of the property and essential character of the neighborhood). Res 2020-04 Page 2 D. The City Council is additionally aware that economic considerations may require a larger floor area footprint of the Project to be requested by the Applicant, in order to fit more storage areas within the facility. While the City Council believes that these economic considerations are not the sole factor for the Project as proposed, the considerations are relevant to determine whether the use of the Subject Property is a reasonable one. (See Section B of this Resolution). BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance to exceed the maximum floor area ratio (FAR) standard of 0.5 with a proposed 1.24 FAR for the new personal self -storage facility, the Project referred to in this Resolution, as proposed under Planning Case No. 2019-20, is hereby denied. Adopted by the City Council of the City of Mendota Heights this 71h day of January, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: 1. Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2020-04 Page 3 EXHIBIT A PID No. 27-52250-01-040 ADDRESS: 1178 Northland Drive, Mendota Heights, MN 55120 LEGAL: Lot 4, Block 1, NORTHLAND PLAZA, Dakota County, Minnesota Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2020-04 Page 4 3433979 Receipt:# 736698 RES $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 1/27/2021 1:41 PM By: CGK, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-04 RESOLUTION DENYING A VARIANCE FOR A NEW PERSONAL SELF -STORAGE FACILITY IN THE I -INDUSTRIAL DISTRICT LOCATED AT 1178 NORTHLAND DRIVE (PLANNING CASE NO.2019-20) WHEREAS, Metro Storage, LLC (as "Applicant") applied for a Conditional Use Permit and a Variance to allow a new 117,810-s£, three-story personal self -storage facility in the Industrial District (the "Project"), for the property located at 1178 Northland Drive (the "Subject Property"), legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided Industrial in the 2030 Comprehensive Plan and located in the I -Industrial District; and WHEREAS, pursuant to City Code Title 12-1G-2, "Personal self -storage facility" is allowed by means of a conditional use permit (CUP), with specific site and structure design standards for said uses in the Industrial District; 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, pursuant to City Code Title 12-1 G-7 Site and Structure Requirements for the Industrial District, the floor area ratio (FAR) of any structure shall not exceed a value of 0.5; and WHEREAS, on August 27, 2019, the Applicant presented a Conditional Use Permit and Variance request to the Mendota Heights Planning Commission to allow the Project, along with a Variance to exceed the maximum floor area ratio (FAR) standard of 0.5 with a proposed 1.24 FAR, and upon this first consideration a motion was made to deny the Variance alone, whereby said motion failed on a 3-3-1 vote, resulting in a no -decision or recommendation by the commission, and this application was tabled to allow the Applicant and city staff to present other options to the variance; and WHEREAS, upon the separate denial of two separate zoning code amendments related to the FAR standard, at the December 19, 2019 Planning Commission meeting the commission re- opened the closed public hearing (from the August 27, 2019 meeting), allowed for additional public comments, and after conclusion of discussion, a motion was made to approve the Variance for Planning Case No. 2019-20, but failed on a 2-2 vote; and WHEREAS, at this same December 19, 2019 meeting, a second motion was made by the commission to forward this Variance application to the City Council without a recommendation from the Planning Commission, which was approved on a 3-1 vote. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Variance to exceed the maximum floor area ratio (FAR) standard of 0.5 with a proposed 1.24 FAR for the Project, as proposed under Planning Case No. 2019-20, is denied based on the following findings -of -fact: A. Under Title 12-1L-5A of the City Code, the City 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 City hereby determines the Applicant has not fully met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of this Variance to exceed the floor area ratio requirement (FAR) of 0.5 for Industrial District uses. The FAR is included in the City Code to limit large vertical spaces, which are not suited to the traditional design of the City's industrial park. In other places in the City Code, the FAR is increased, such as a 1.0 FAR in the B- 4 Shopping Center District (Section 12-1F-5D1(e)), and a 0.6 FAR for buildings located within a "retail sales and service complex" (Section 12-1G-2). No provision in the City Code allows for a FAR of 1.24, which is requested by the Applicant. The City Council finds that allowance of such a FAR on the Subject Property would not be a reasonable use of the property, as the FAR would be increased by nearly 150% over the City's legal standard. The City Council therefore finds the Project as proposed is not essential to the overall enjoyment and continued use of the Subject Property. C. Because the City finds that the first prong of the three-part test (reasonable use of the Subject Property) is not met by the Applicant, the City need not consider the remaining two prongs of the test (unique circumstances of the property and essential character of the neighborhood). Res 2020-04 Page 2 D. The City Council is additionally aware that economic considerations may require a larger floor area footprint of the Project to be requested by the Applicant, in order to fit more storage areas within the facility. While the City Council believes that these economic considerations are not the sole factor for the Project as proposed, the considerations are relevant to determine whether the use of the Subject Property is a reasonable one. (See Section B of this Resolution). BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance to exceed the maximum floor area ratio (FAR) standard of 0.5 with a proposed 1.24 FAR for the new personal self -storage facility, the Project referred to in this Resolution, as proposed under Planning Case No. 2019-20, is hereby denied. Adopted by the City Council of the City of Mendota Heights this 71h day of January, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: 1. Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2020-04 Page 3 EXHIBIT A PID No. 27-52250-01-040 ADDRESS: 1178 Northland Drive, Mendota Heights, MN 55120 LEGAL: Lot 4, Block 1, NORTHLAND PLAZA, Dakota County, Minnesota Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2020-04 Page 4 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 27" day of January, 2021. Lorri Smith, City Clerk (SEAL)