9.a Resolution 11-20-18-03 denying request to amend Tii Gavo development agreement for marina expansion
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 11-20-18-03
DENYING AN AMENDMENT TO THE TII GAVO DEVELOPMENT AGREEMENT
TO INCREASE THE NUMBER OF DOCK SLIPS
WHEREAS, K. Peter Stalland on behalf of the Tii Gavo Community Association, Inc
and K.Peter and Nancy Stalland as individuals have made application for an amendment to the
Tii Gavo Development Agreement to expand the number of dock slips at the Tii Gavo marina
from 19 slips to 37 slips; and
WHEREAS, the property is legally described as follows:
CONS EASE LOT D SUBDIVISION CD 02388 SUBDIVISION NAME TII
GAVO
WHEREAS, the applicant has an existing marina serving the Tii Gavo subdivision with
19 boat slips, a specific number which was negotiated for approval in the original Development
Agreement between the developer, Washington County, the Minnesota Department of Natural
Resources, and the Carnelian-Marine-St. Croix Watershed District; and
WHEREAS, the Carnelian-Marine-St. Croix Watershed District reviewed the present
application to expand the number of boat slips from 19 to 37 and replied that it opposes any
expansion beyond the 19 slips that it currently permits under Permit P06-019; and
WHEREAS, the Minnesota Department of Natural Resources, Division of Ecological
and Water Resources, reviewed the present application to expand the number of boat slips from
19 to 37 and replied that it opposes any expansion beyond the 19 slips in accordance with
Condition #19 on DNR public waters permit #2006-0351 for the Tii Gavo property which states
that “each slip shall be limited to the mooring of one watercraft and shall not exceed 19”; and
WHEREAS, the original considerations upon which 19 slips was determined to be the
appropriate number remain in effect, including environmental and ecological impact
considerations and the City’s Shoreland Ordinance rules governing Planning Unit Developments;
and
WHEREAS, the applicants submitted the original amendment application to the City on
July 12 and subsequently submitted revised and supplemental materials on October 26th and agreed
to extensions of the review timeline to December 31, 2018;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does deny the request to amend the Development Agreement for Tii Gavo to allow an
CC Resolution No.: 11-20-18-03
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increase in the number of dock slips for the marina from 19 slips to 37 slips, based on the
following findings:
1. The expansion does not preserve natural resources as identified in the Comprehensive
Plan, including Big Marine Lake and its natural habitats.
2. The expansion does not comply with the regulations of the Shoreland Management
District and the Development Code.
3. The expansion does not comply with the performance standards for shore recreational
facilities in the Shoreland Ordinance, a part of the Development Code.
4. The expansion has the potential to negatively impact natural habitats and vegetation
communities in Big Marine Lake.
FURTHER BE IT RESOLVED, that the denial includes the following comments:
1. The applicants shall pay all fees and escrows associated with the amendment
application.
Adopted by the Scandia City Council this 20th day of November, 2018.
______________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk