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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 Page 2 of 2 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