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8. Staff report - Redeemed Farm Variance and IUP Amendment 05.29.20Memorandum To: Scandia City Council Reference: Redeemed Farm Interim Use Permit Amendment and Variance Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Jeffrey Gacek, applicant Project No.: 17722.000 Redeemed Farm IUP 8 Variance From: Merritt Clapp -Smith, Routing: Planner Date: May 29, 2020 SUBJECT: Variance and Interim Use Permit Amendment to allow more than one (1) event per day at Redeemed Farm Rural Event Facility MEETING DATE: June 2, 2020 LOCATION: 12680 Scandia Trail North, PID 16.032.20.31.0005 APPLICANT: Jeffrey Gacek ZONING: Agricultural Core (AG -C) 60 -DAY PERIOD: July 11, 2020 (120 -day period September 9, 2020) ITEMS REVIEWED: Application received May 12, 2020 DESCRIPTION OF THE REQUEST: The applicant is seeking an amendment to the Interim Use Permit (IUP) for Redeemed Farm Rural Event Facility to allow up to four (4) small events per day instead of the current limit in the approved IUP of no more than one (1) event per day of up to 150 people. The Development Code standards for Rural Event Facility limit events to one (1) per day, therefore the requested change also requires a variance to the standards. An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi TKDA Memorandum To: Scandia City Council Reference: Redeemed Farm Interim Use Permit Amendment and Variance Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Jeffrey Gacek, applicant Project No.: 17722.000 Redeemed Farm IUP 8 Variance From: Merritt Clapp -Smith, Routing: Planner Date: May 29, 2020 SUBJECT: Variance and Interim Use Permit Amendment to allow more than one (1) event per day at Redeemed Farm Rural Event Facility MEETING DATE: June 2, 2020 LOCATION: 12680 Scandia Trail North, PID 16.032.20.31.0005 APPLICANT: Jeffrey Gacek ZONING: Agricultural Core (AG -C) 60 -DAY PERIOD: July 11, 2020 (120 -day period September 9, 2020) ITEMS REVIEWED: Application received May 12, 2020 DESCRIPTION OF THE REQUEST: The applicant is seeking an amendment to the Interim Use Permit (IUP) for Redeemed Farm Rural Event Facility to allow up to four (4) small events per day instead of the current limit in the approved IUP of no more than one (1) event per day of up to 150 people. The Development Code standards for Rural Event Facility limit events to one (1) per day, therefore the requested change also requires a variance to the standards. An employee owned company promoting affirmative action and equal opportunity Redeemed Farm Variance & IUP Staff Report Submitted May 29, 2020 Scandia Planning Commission Page 2 For meeting on June 2, 2020 EVALUATION OF VARIANCE REQUEST Applicant's Explanation of the Plan and Variance Request The viability of the business based on large events is significantly impacted by Covid-19. This is anticipated to be the case even after State restrictions are lifted, since people may not personally be comfortable with large gatherings. The request is to shift from a limit of one (1) large event per day, to up to four (4) small events per day. The applicant's letter to "Scandia City Officials" dated May 12, 2020, provides a more detailed explanation. Criteria for Variance and Findings Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Each item to be considered for a variance is identified below in italics, followed by the Planner's findings regarding the requested variance for number of events per day at Redeemed Farm Rural Event Facility. • Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. The Redeemed Farm use was determined to be in harmony with the Comprehensive Plan when initially approved. The requested change at this time does not change the nature of the use in a manner that makes it less harmonious with the Comprehensive Plan than the existing use approved under the Interim Use Permit. • The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). The request redistributes the level of activities and visitation already approved for the Rural Event Facility into smaller events across the day. The proposed redistribution of event activity is a reasonable use of the property. • The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties relate to the unexpected onset Covid-19, with legal and personal choice limits on large event gatherings. The difficulty is unique to the times and is negatively impacting many businesses. Businesses are seeking creative solutions to adjust services to meet the special circumstances of Covid-19. The practical difficulties posed by Covid-19 on large events are not caused by the current landowner and are unique to the property with this type of business. • The variance would not alter the essential character of the area. The variance shifts existing activity from a large event into smaller events, which reduces the need for music amplification and better distributes trips to and from the site across the day. The 7 Redeemed Farm Variance &IUP Staff Report Submitted May 29, 2020 Scandia Planning Commission Page 3 For meeting on June 2, 2020 type of activities at the site remain the same and redistributing the activity would not alter the essential character of the area. • Economic conditions alone shall not constitute practical difficulties. The outbreak of Covid-19 poses practical difficulties that prevent large gatherings, which are the nature of the business. The proposed change in the size and number of events is a response to Covid-19. and the practical difficulties are not only economic in nature • The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed variance shifts the nature of events already occurring at the site. Instead of single - large events up to once a day, there would be multiple small events per day. The smaller events will reduce the number of vehicles coming to and from the site at any one time, which will reduce traffic congestion. The smaller events will not need the same level of music amplification for people to hear and produce lower noise impacts in the area. These changes will not impair the supply of light or air to adjacent properties, increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. • The requested variance is the minimum action required to eliminate the practical difficulty. The proposed change in the type and frequency of events will not increase the overall level of activity if the number of visitors to the site in a single day does not increase. The shift is the minimum action required to eliminate the practical difficulty if overall visitation per day remains the camp_ • Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variance is not related to a need for direct sunlight for solar energy systems. The findings support granting the variance. EVALUATION OF THE CUP CRITERIA The general criteria for evaluating Conditional Use Permits are listed in italics and the Planner's evaluation of the proposed use based on the conditions follows in standard text. • The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 7 Redeemed Farm Variance &IUP Staff Report Submitted May 29, 2020 Scandia Planning Commission Page 4 For meeting on June 2, 2020 The proposed use remains the same as that approved in the Interim Use Permit, which was found to be consistent with the goals and policies for uses in the Agricultural Core district. It will not require new public facilities or impact the City's capital improvement plan. • The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed change in the size and frequency of events does not increase the intensity of activity at the site if the same number of visitors to the site remains the same per day. A shift in when visitors come without an overall increase in visitors per day will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. • The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. The redistribution of event activities at the site will reduce noise volume and traffic congestion, which will not substantially diminish or impair nearby property values or scenic views. • The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The conditional use is already approved under an interim use permit and will note change in a manner that impedes normal and orderly development and the improvement of surrounding property if daily visitation limits remain the same. • Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. The use is already established and will not change in a manner that requires additional public facilities or services. • The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. The proposed use is consistent with the applicable regulations of the Agricultural Core District, as outlined previously in this report. • The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. 7 Redeemed Farm Variance &IUP Staff Report Submitted May 29, 2020 Scandia Planning Commission Page 5 For meeting on June 2, 2020 As outlined in this report and in the application, the conditional use meets the general and specific performance standards of the Development Code, with the exception of number of events per day, for which a variance is being sought. ACTION REQUESTED: The Planning Commission can recommend to the Scandia City Council that it do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request PLANNING STAFF RECOMMENDATION: The Planner recommends that the Planning Commission recommend approval of an amendment to the Interim Use Permit and a variance to allow up to four (4) events per day, subject to the following conditions: 1. No more than 150 people per day shall be hosted on the site over the course of up to four (4) events, which is consistent with the current guest limit of 150 for one (1) event per day. 2. The allowed number of events per year shall not exceed 300 events, which is four times the limit of 75 events per year based on a one (1) event maximum per day. 3. The change in the maximum number of events per day from one (1) to four (4) shall be permitted on an interim basis through May 2021, in response to event size limits posed by Covid-19. At such time, the Interim Use Permit will revert to a limit of one (1) event per day. At that time, the applicant may re -apply for the four (4) per day event limit if they choose. 4. The applicant shall pay all fees and escrows associated with this application. 7