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Res 2020- 35 Variances St Thomas Academy Baseball FieldCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-35 RESOLUTION APPROVING VARIANCES TO SAINT THOMAS ACADEMY'S BASEBALL FIELD IMPROVEMENTS LOCATED AT 949 MENDOTA HEIGHTS ROAD [PLANNING CASE NO. 2020-081 WHEREAS, Saint Thomas Academy (the "Applicant") applied for a Variance application on the school campus property, located at 949 Mendota Heights Road, 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 One Family Residential, according to the city's official Zoning Map; and WHEREAS, the Applicant is seeking approval of a number of Variance to allow a new multi-purpose press box/covered bleacher structure to exceed the maximum height standard of accessory structures from 15 -ft. to 24 -ft. -4 -inches, and size to approximately 1,275 sq. ft. in area, and a reduced setback of 1.36 -ft. from the adjacent lot line, and further allow for six (6) new over - height light towers of 70 -ft. and 80 -ft., which would exceed the 25 -ft. maximum height standards for structures in the R-1 One Family Residential District, all proposed and presented under Planning Case No. 2020-08; 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, on April 28, 2020, the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon closing the hearing and follow-up discussion on this item with staff and the Applicant, the Planning Commission recommended unanimously (5-0 vote) to approve the application for Variances, with certain findings of fact to support such approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby affirmed, and approval of these Variances, which relate to Option No. 1 and inclusive of Option No. 2, as presented in the "Baseball Field Improvements—Phase 2" plans prepared by Anderson Johnson Assoc., Inc., dated 03/31/2020, submitted under Planning Case No. 2020-08 (and on file with the City of Mendota Heights), which would allow an additional and over -sized multi-purpose accessory structure consisting of a press box and bleacher stand approximately 1,275 sq. ft. in footprint area, 24'-4" in overall height, and located 1.36 -ft. from the adjacent property line; along with variances for four (4) light towers at 70 -ft. and two (2) light towers at 80 -ft. in height, are based on the following findings of fact that support the granting of said variances, and noted as follows: 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 the Variance to City Code Section 12-1D-1, as it relates to allowing an additional over -sized accessory structure with reduced setbacks, plus the over- sized (tall) light towers in the R-1 One Family Residential District, located on the St. Thomas Academy baseball facility and campus at 949 Mendota Heights Road, by the following supporting findings -of -facts: i.) 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 at the subject location. ii.) The plight of the landowner is due to circumstances unique to the property, as this school use functions more like an institutional use rather than a typical single-family use in the underlying R-1 One Family Residential District, and therefore warrants the approval or granting of these variances. iii.) 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 similar athletic field improvements and related accessory structures can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community. iv.) The scale and scope of the variances needed to approve the number, sizes and heights of the proposed accessory structures, including the new press -box and bleacher stands, and over -height light poles on this 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. Res. 2020-35 Page 2 v.) The Applicant has proven a reasonable justification and demonstrated a practical difficulty in this case for granting of these variances presented herein. C. The City has considered the factors required by Title 12-lL-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 Variances 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 Variances will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of the Variances noted herein are for Saint Thomas Academy (949 Mendota Heights Road) 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. 2020-08, dated and presented April 28, 2020, on file with the City of Mendota Heights, is hereby fully incorporated into this Resolution No. 2020-35. 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: The Applicant shall obtain a building permit for all new structures identified herein, including any fence or electrical permits for the new light towers as necessary. 2. Should the new tower lights, after installation, create any complaints or poses any issue of excessive light spillage, brightness or glare on the nearby Mendota Heights Road system or any other properties, the Applicant and/or lighting consultant shall immediately remediate and realign any light standards or fixtures (if needed) upon official notice from the City of Mendota Heights. 3. Any public addressing/speaker system used on this baseball field must be centered or focused directly on to the baseball field or the bleacher/spectator stands. No speakers or noise shall be directed towards the neighboring businesses or residential uses to the north and east of the school. 4. The Applicant shall not deviate from the site plan under this application review; nor increase any accessory structure numbers, area (footprint), light towers 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. 5. Any and 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. Res. 2020-35 Page 3 6. Approval of the variance is contingent upon City Council approval of the application and corresponding site plan. If the variances are approved by the City Council, the Applicant shall obtain all necessary building permits for construction of the proposed improvements within one-year from said approval date. If after one year no work has commenced, the Applicant may request an additional extension (to be determined by the City Council) if needed. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variances requested by Saint Thomas Academy under Planning Application Case No. 2020-08, and specifically for the Saint Thomas Academy baseball field improvements, located at 949 Mendota Heights Road, are hereby approved. Adopted by the City Council of the City of Mendota Heights this 5th day of May, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor F.Iw4WW Lorri Smith, City Clerk Res. 2020-35 _ Page 4 Saint Thomas Academy Property Address: 949 Mendota Heights Road Mendota Heights MN 55120 PID: 27-03500-51- 010 LEGAL DESCRIPTION: NE 1/ 4 OF SW 1/ 4 EX N 198 FT OF E 636 FT, SECTION 35 TWN 28 RANGE 23; DAKOTA COUNTY, MINNESOTA [Abstract Property] Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-35 Page 5 3438592 Receipt:# 741266 VR $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIII Recorded on: 2/11/2021 11:09 AM By: CGK, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-35 RESOLUTION APPROVING VARIANCES TO SAINT THOMAS ACADEMY'S BASEBALL FIELD IMPROVEMENTS LOCATED AT 949 MENDOTA HEIGHTS ROAD [PLANNING CASE NO.2020-081 WHEREAS, Saint Thomas Academy (the "Applicant") applied for a Variance application on the school campus property, located at 949 Mendota Heights Road, 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 One Family Residential, according to the city's official Zoning Map; and WHEREAS, the Applicant is seeking approval of a number of Variance to allow a new multi -purpose press box/covered bleacher structure to exceed the maximum height standard of accessory structures from 15-ft. to 24-ft.-4-inches, and size to approximately 1,275 sq. ft. in area, and a reduced setback of 1.36-ft. from the adjacent lot line, and further allow for six (6) new over - height light towers of 70-ft. and 80-ft., which would exceed the 25-ft. maximum height standards for structures in the R-1 One Family Residential District, all proposed and presented under Planning Case No. 2020-08; 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, on April 28, 2020, the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon closing the hearing and follow-up discussion on this item with staff and the Applicant, the Planning Commission recommended unanimously (5-0 vote) to approve the application for Variances, with certain findings of fact to support such approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby affirmed, and approval of these Variances, which relate to Option No. 1 and inclusive of Option No. 2, as presented in the "Baseball Field Improvements —Phase 2" plans prepared by Anderson Johnson Assoc., Inc., dated 03/31/2020, submitted under Planning Case No. 2020-08 (and on file with the City of Mendota Heights), which would allow an additional and over -sized multi -purpose accessory structure consisting of a press box and bleacher stand approximately 1,275 sq. ft. in footprint area, 24'-4" in overall height, and located 1.36-ft. from the adjacent property line; along with variances for four (4) light towers at 70-ft. and two (2) light towers at 80-ft. in height, are based on the following findings of fact that support the granting of said variances, and noted as follows: A. Under Title 12-lL-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 the Variance to City Code Section 12-lD-1, as it relates to allowing an additional over -sized accessory structure with reduced setbacks, plus the over- sized (tall) light towers in the R-1 One Family Residential District, located on the St. Thomas Academy baseball facility and campus at 949 Mendota Heights Road, by the following supporting findings -of -facts: i.) 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 at the subject location. ii.) The plight of the landowner is due to circumstances unique to the property, as this school use functions more like an institutional use rather than a typical single-family use in the underlying R-1 One Family Residential District, and therefore warrants the approval or granting of these variances. iii.) 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 similar athletic field improvements and related accessory structures can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community. iv.) The scale and scope of the variances needed to approve the number, sizes and heights of the proposed accessory structures, including the new press -box and bleacher stands, and over -height light poles on this 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. Res. 2020-35 Page 2 v.) The Applicant has proven a reasonable justification and demonstrated a practical difficulty in this case for granting of these variances presented herein. 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 Variances 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 Variances will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of the Variances noted herein are for Saint Thomas Academy (949 Mendota Heights Road) 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. 2020-08, dated and presented April 28, 2020, on file with the City of Mendota Heights, is hereby fully incorporated into this Resolution No. 2020-35. 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: The Applicant shall obtain a building permit for all new structures identified herein, including any fence or electrical permits for the new light towers as necessary. 2. Should the new tower lights, after installation, create any complaints or poses any issue of excessive light spillage, brightness or glare on the nearby Mendota Heights Road system or any other properties, the Applicant and/or lighting consultant shall immediately remediate and realign any light standards or fixtures (if needed) upon official notice from the City of Mendota Heights. 3. Any public addressing/speaker system used on this baseball field must be centered or focused directly on to the baseball field or the bleacher/spectator stands. No speakers or noise shall be directed towards the neighboring businesses or residential uses to the north and east of the school. 4. The Applicant shall not deviate from the site plan under this application review; nor increase any accessory structure numbers, area (footprint), light towers 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. 5. Any and 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. Res. 2020-35 Page 3 6. Approval of the variance is contingent upon City Council approval of the application and corresponding site plan. If the variances are approved by the City Council, the Applicant shall obtain all necessary building permits for construction of the proposed improvements within one-year from said approval date. If after one year no work has commenced, the Applicant may request an additional extension (to be determined by the City Council) if needed. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variances requested by Saint Thomas Academy under Planning Application Case No. 2020-08, and specifically for the Saint Thomas Academy baseball field improvements, located at 949 Mendota Heights Road, are hereby approved. Adopted by the City Council of the City of Mendota Heights this 5th day of May, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor F.Iw4WW Lorri Smith, City Clerk Res. 2020-35 _ Page 4 Saint Thomas Academy Property Address: 949 Mendota Heights Road Mendota Heights MN 55120 PID: 27-03500-51- 010 LEGAL DESCRIPTION: NE 1/ 4 OF SW 1/ 4 EX N 198 FT OF E 636 FT, SECTION 35 TWN 28 RANGE 23; DAKOTA COUNTY, MINNESOTA [Abstract Property] Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-35 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 27" day of January, 2021. Lorri Smith, City Clerk (SEAL)