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08.b1c Resolution No. 2021-44 Approving Variances for a PUD CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2021-44 APPROVING VARIANCES FOR A PLANNED UNIT DEVELOPMENT LOCATED AT PARCEL ID 23.032.20.21.0002 WHEREAS, the Scandia Heritage Alliance and the City of Scandia has applied for variances to allow for parts of the Arts and Heritage Center development on the site to have setbacks of less than 75 feet from a Manage I wetland, located at 14727 209th Street North, City of Scandia; and WHEREAS, the property is legally described as follows: See Attachment A; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on October 5, 2021, and recommended approval of the variances with conditions: and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of variances to allow for parts of the Arts and Heritage Center development on the site to have setbacks of less than 75 feet from a Manage I wetland, located at 14727 209th Street North, based on the following findings: 1. The Comprehensive Plan has an overarching goal to “maintain and promote the City’s cultural character and history”, which the Arts & Heritage Center would certainly do. The proposed layout, while having areas located in the minimum setbacks from the roadway as well as the wetlands to the east and west, would be less intrusive to the wetlands than the current ball field. The request appears to be in general harmony with the Comprehensive Plan and Development Code. 2. The current use of the property is Government Buildings, Storage and Uses; Institutional Use; and Public Parks and Recreation Facilities. The proposed new use, Arts and Heritage Center, is a permitted use in the VMU B zoning district. Proposing to use the property for uses permitted in the VMU B zoning district is a reasonable use. 3. The practical difficulties are due to the locations of two existing wetlands, and the right- of-way for Olinda Trail. The site for the Arts and Heritage Center is bounded by these three items that were not created by the landowner. The portion of the parcel being used CC Resolution No. 2021-44 Page 2 of 3 for the Arts and Heritage Center is 6.28 acres, with less than 10% of that being buildable area. The buildable area is also an irregular shape, forcing the proposed improvements into a limited amount of space. The practical difficulties were not caused by the current landowner and are unique to the property. 4. While the new additions would add new uses to the property, the current uses and function of the rest of the city property would continue. The area is already home to institutional and public uses, such as the Gammelgarden Museum, that would be compatible with the proposed Arts & Heritage Center. The proposed PUD would also introduce new rain gardens on the site, an improvement to the environmental impact of the site from the existing ballfield. Granting the variances for the proposed layout of the Arts and Heritage Center development would not alter the essential character of the area. 5. The practical difficulties are related to the limited amount of land located outside of required setbacks. The practical difficulties are not only economic in nature. 6. Granting the requested variance for the Arts and Heritage Center development would not result in limiting light or air to neighboring properties. The land use will change, though the use will use the same site and access. By sharing parking facilities with existing lots, traffic is spread out to other access and cuts down on increases to congestion. The proposed development would not increase the danger of fire or the public safety. The property values of neighboring values should not be negatively impacted, either, if the request is granted. The requested variances 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. 7. Most of the site being leased for the Arts and Heritage Center is located within the required setbacks from the wetlands and the road. The proposed layout of the Water Tower Barn is within the extent of the current ballfield, as is most of the proposed walking paths/sidewalks on the east side of the site. The Water Tower Barn encroaches less into required setbacks than the ballfield currently does. The walking path as it heads up to connect to the Community Center appears to be as far from the wetland as possible without being placed within the county right-of-way. Portions of the amphitheater are within the required setback, though the seating would be separated by impervious surfaces, so it would be less intensive to the site than a building or structure. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the lot lacking space outside of required setbacks. Conditions can be added to ensure it is the minimum action required. 8. The variance is not related to a need for direct sunlight for solar energy systems. CC Resolution No. 2021-44 Page 3 of 3 FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The proposed sidewalk, overlook, and pathway along the east side of the Arts and Heritage Center connecting to the Community Center parking shall follow the locations as shown on the site plans submitted to the city and reviewed with this request. 2. The variances for the parking lot, amphitheater, Water Tower Barn, and Bathroom Building shall be as follows: a. Parking Lot – 38 foot setback, 37 foot variance b. Amphitheater – 46.4 foot setback, 28.6 foot variance c. Water Tower Barn – 64.3 foot setback, 10.7 foot variance d. Bathroom Building – 68.3 foot setback, 6.7 foot variance 3. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 4. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia Planning Commission this 19th day of October, 2021. ______________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator Motion for adoption: Seconded by: Voted in favor: Voted against: Abstained: Absent: Attachment A 1 Attachment A – Legal Description PROPOSED PLANNED UNIT DEVELOPMENT PARCEL DESCRIPTION TRACT "C" REGISTERED LAND SURVEY NO. 105, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. EXCEPT Parcel No. 20 of Washington County Highway Right of Way Plat No. 101. AND Part of Lot Thirty-one (31), Auditor's Plat No. 6, in the Northeast quarter of the Northwest quarter (NE 1/4 of NW 1/4) of Section Twenty-three (23), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota, as per the plat thereof on file and of record in the office of the Register of Deeds of said County, described as follows: Beginning as the Southeast corner of said Lot Thirty-one (31); thence North, assumed bearing, along the East line of said Lot Thirty-one (31), a distance of 581.84 feet; thence West, 110.00 feet; thence North, 375.90 feet; thence So. 76°55'15” West, 577.57 feet; thence South 14°10'45” West, 154.30 feet; thence along a tangent curve, radius 457.58 feet, central angle 57°18', concave to the Northwest, 457.59 feet; thence South 71°28'45” West, along tangent, 173.93 feet to the intersection with a line 150.00 feet East of, measured at right angles to and parallel with, the West line of said Lot Thirty-one (31); thence South 01°01'30” West, along said line, 330.12 feet to the South line of said Lot Thirty-one (31); thence North 88°33'00” East, along the South line of said Lot Thirty-one (31), a distance of 1174.12 feet to the point of beginning; subject to County State Aid Highway No. 3 and 209th Street, the said tract being previously described as follows: All that part of Lot Thirty-one (31) of County Auditor's Plat Number Six (6) which lies South of the road that divides said Lot and East of the Big Lake and Scandia road, excepting that Attachment A 2 part thereof heretofore conveyed to August Svenson and described as follows, to-wit: Commencing as the Southwest corner of said Lot Thirty-one (31); Thence North along the West line of said Lot Thirty-one (31), Two hundred eighty-seven (287) feet more or less to the center of the public highway now crossing said line; thence following the center of the public highway in an Easterly direction a distance of One hundred sixty-seven (167) feet; thence in a straight line in a Southerly direction to a point on the South line of said Lot Thirty-one (31), one hundred fifty (150) feet East of the Southwest corner thereof; thence West along the South line of said Lot, one hundred fifty (150) feet to place of beginning, containing 1.14 acres of land more or less, and also except that part thereof described as follows: Part of Lot Thirty-one (31), Auditor's Plat No. 6, in the Northeast quarter of the Northwest quarter (NE ¼ of NW ¼)of Section Twenty-three (23), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota, as per the plat thereof on file and of record in the office of the Register of Deeds of said County, described as follows: Commencing at the Southeast corner of said Lot Thirty-one (31); thence North, assumed bearing, along the East line of said Lot Thirty-one (31), a distance of 581.84 feet to the point of beginning; thence West, 110.00 feet; thence North, 375.90 feet; thence North 76°55'15” East, 112.93 feet to the East line of said Lot Thirty-one (31); thence South along the East line of said Lot Thirty-one (31) a distance of 401.46 feet, to the point of beginning; subject to 209th Street. Also excepting all that part of said Lot 31 of County Auditor's Plat No. 6, lying northerly of the following described line, said line being the existing center line of 209th Street North and its westerly extension: Commencing at a Washington County stone monument at the north quarter corner of Section 23, Township 32 North, Range 20 West; thence on a azimuth from north of 180 degrees 56 minutes 45 seconds, Washington County Coordinate System, North American Datum 1983 (NAD 83), along the east line of the Northeast Quarter of the Northwest Quarter of said Section 23, a distance of 324.50 feet to the point of beginning of the line to be described; Attachment A 3 thence southwesterly a distance of 53.02 feet along a non- tangential curve concave to the northwest having a radius of 273.13 feet, a central angle of 11 degrees 07 minutes 23 seconds and whose chord is on an azimuth of 252 degrees 18 minutes 18 seconds; thence on an azimuth of 257 degrees 52 minutes 00 seconds, tangent to said curve, a distance of 442.44 feet; thence westerly a distance of 139.62 feet along a tangential curve concave to the north having a radius of 310.00 feet and a central angle of 25 degrees 48 minutes 20 seconds; thence on an azimuth of 283 degrees 40 minutes 20 seconds, tangent to said curve, a distance of 53.57 feet to the westerly line of said Lot 31, and said line there terminating. Attachment A 4 PROPOSED USE AREA PARCEL DESCRIPTION Part of Lot 31, Auditor's Plat No. 6, in the Northeast Quarter of the Northwest Quarter of Section 23, Township 32 North, Range 20 West, Washington County, Minnesota, as per the plat thereof on file and of record in the office of the County Recorder of said County, described as follows: Commencing at the southeast corner of said Lot 31; thence South 89 degrees 31 minutes 15 seconds West, bearings are oriented to the Washington County Coordinate System, NAD 83, 1986 adjustment, along the south line of said Lot 31 a distance of 416.61 feet to the point of beginning of the parcel to be described; thence North 10 degrees 41 minutes 40 seconds West a distance of 138.66 feet; thence North 55 degrees 00 minutes 00 seconds West a distance of 206.00 feet; thence North 14 degrees 45 minutes 46 seconds West a distance of 290.21 feet; thence North 58 degrees 43 minutes 14 seconds West a distance of 75.76 feet, more or less, to the intersection with the boundary line of real property described in Warranty Deed, Document Number 319741; thence southwesterly along said boundary line, being a non-tangential curve concave to the northwest, an arc distance of 328.60 feet, said curve has a radius of 457.58 feet and a central angle of 41 degrees 08 minutes 46 seconds, the chord of said curve bears South 51 degrees 51 minutes 07 seconds West; thence South 72 degrees 25 minutes 30 seconds West, tangent to the last described curve and along said boundary line, a distance of 171.21 feet, more or less, to the intersection with a line 150.00 feet East of, measured at right angles to and parallel with, the west line of said Lot 31; thence South 00 degrees 49 minutes 14 seconds West, along said parallel line a distance of 330.37 feet, more or less, to the intersection with the south line of said Lot 31; thence North 89 degrees 31 minutes 15 seconds East, along said south line a distance of 754.05 feet to the point of beginning. This parcel contains 6.288 acres, more or less, and is subject to the right of way of Olinda Trail North and all other easements, restrictions and covenants of record.