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Res 2024-41 Variances at 949 Mendota Hts Road St. ThomasCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-41 RESOLUTION APPROVING VARIANCES TO ALLOW THE CONSTRUCTION OF NEW ACCESSORY STRUCTURES, ALL PART OF ST. THOMAS ACADAMEY'S BASEBALL FIELD IMPROVEMENTS LOCATED AT 949 MENDOTA HEIGHTS ROAD PLANNING CASE 2024-12 WHEREAS, Bolton and Menk (the Applicant and Owners' representative of St. Thomas Academy) applied for a Variance to allow the construction of new accessory structures located at 949 Mendota Heights Road, as proposed under Planning Case No. 2024-12, and as legally described in attached Exhibit A (the "Subject Property"); and WHEREAS, the subject property is guided Low Density Residential in the 2040 Comprehensive Plan, situated in the R-1 Single Family Residential District; and WHEREAS, the Applicant is seeking approval of a number of Variance requests to allow a new covered batting cage structure to exceed the maximum height standard from 15-ft to 24-14- inches, and size to approximately 3,093 sq. ft. in area, and a new shade canopy structure within the north seating and bleacher area to exceed the maximum height standard of accessory structures from 15-ft to 214t.74nches, and size to approximately 1,562 sq. ft. in area, all proposed and presented under Planning Case No. 2024-12; 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 June 25, 2024, the Mendota Heights Planning Commission held a public hearing on the proposed Variance, and whereupon closing the heazing, recommended unanimously (7-0 vote) to approve the application for Variances on the subject property, with certain conditions and findings -of -fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission on Planning Case No. 2024-12 is hereby affirmed, and the Variance requested for the property located at 949 Mendota Heights Road is approved based on the following findings -of -fact:. 1. 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 additional over -sized accessory structures with an increased peak height in the R-1 One Family Residential District, Res. No 2024-41 Page � 1 2. 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. 3. 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. 4. 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. 5. The scale and scope of the variances needed to approve the number, sizes and heights of the proposed accessory structures, including the new spectator pavilion and batting cage area 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. 6. The Applicant has proven a reasonable justification and demonstrated a practical difficulty in this case for granting of these variances presented herein. The City has considered the factors required by Title 12-1L-SEl 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. 8. 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, BE IT FURTHER RESOLVED, by the Mendota Heights Ciry Council that the Variance requested for the property located at 949 Mendota Heights Road is hereby approved, with the following conditions: 1. The Applicant shall obtain a building permit for all new structures identified herein, including any fence permits for the other associated improvements. 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 Res. No 2024-41 Page � 2 noise shall be directed towards the neighboring businesses or residential uses to the north and east of the school. 3. The Applicant shall not deviate from the 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. 4. 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, 5. 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 approval shall expire. The Applicant may request an additional extension (to be determined by the City Council) if needed within one year of expiration. Adopted by the City Council of the City of Mendota Heights this 2aa day of July 2024. CITY COUNCIL CITY OF MEN�DOTA HEIGHTS �740� Step anie 13. Levine, Mayor ATTEST: N ncy B uer, City Clerk Res. No 2024-41 Page � 3 EYIMIT A Property Address: 949 Mendota Heights Road PIN: 27-03500-i1-010 Legal Description: NE 1/ 4 OF SW 1? 4 EX N 198 FT OF E 636 FT, SECTION 3� TR�N 28 RANGE 23: DAKOTA COUNTY, MINNESOTA [Abstract Property] Res. No 202a-41 Page � 4