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5.b Resolution 05-02-19-02 - recommending denial of Tii Gavo CUP amendment for marina expansion CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 05-07-19-02 RECOMMENDING DENIAL OF AN AMENDMENT TO THE TII GAVO CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT TO INCREASE THE NUMBER OF DOCK SLIPS WHEREAS, K. Peter Stalland on behalf of the Tii Gavo Community Association, Inc. has made application for an amendment to the Tii Gavo Conditional Use Permit and Development Agreement to expand the number of dock slips at the Tii Gavo marina from 19 slips to 29 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 original considerations upon which 19 slips was determined to be the appropriate number remain in effect, including environmental and ecological impact considerations; and WHEREAS, the City’s current Shoreland Ordinance rules governing Planning Unit Development would permit no more than 19 slips based on the maximum potential number of “first tier” lots (lots within 267 feet of the Ordinary High Water Level of Big Marine Lake) in the Tii Gavo subdivision; and WHEREAS, the Carnelian-Marine-St. Croix Watershed District reviewed the present application to expand the number of boat slips from 19 to 29 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 29 and replied that it opposes any expansion beyond the 19; and WHEREAS, the applicant submitted the original amendment application to the City on April 9; PC Resolution No.: 05-07-19-02 Page 2 of 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend that the City Council deny the request to amend the Conditional Use Permit and Development Agreement for Tii Gavo to allow an increase in the number of dock slips for the marina from 19 slips to 29 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 Planning Commission this 7th day of May, 2019. _________________________________ Dan Squyres, Chair ATTEST: _________________________________ Brenda Eklund, Deputy Clerk