Title
Memorializing City Council action taken January 15, 2014 approving the Preliminary and Final Plat for Slomkowski Addition, and approving a variance of the parkland dedication fee in lieu of land. (Public Hearing held Jan. 15, 2014)
Body
WHEREAS, D & J Slomkowski, in File No. 12-214-990 has submitted for City Council approval the attached preliminary and final plat for subdivision of property for Slomkowski Addition at 1039-1075 Pierce Butler Route to create two (2) industrial parcels; and
WHEREAS, D & J Slomkowski has also requested a variance of the parkland dedication fee in lieu of land, set by the formula in Sec. 69.511(c); and
WHEREAS, the appropriate City departments have reviewed the plat and found, subject to the recommended conditions, that it meets the requirements of Chapter 69 of the Zoning Code; and
WHEREAS, notice of a public hearing before the City Council was duly published in the official newspaper of the City and notices were mailed to each owner of affected property including all property situated within 350 feet of the subject property; and
WHEREAS, the City Council held a public hearing on the proposed plat on January 15, 2014, where all interested parties were given the opportunity to be heard, and the Council made the following findings of fact:
1. All the applicable provisions of the Legislative Code are complied with. City staff have
reviewed the proposed plat and have determined that all applicable provisions of city codes are
met.
2. The proposed subdivision will not be detrimental to the present and potential surrounding land
uses. The proposed plat is consistent with the surrounding land uses, and will not be
detrimental to present and future use of surrounding land.
3. The area surrounding the subdivision can be planned and developed in coordination and
compatibility with the proposed subdivision. The area surrounding the proposed plat is already
developed and compatible with the proposed plat.
4. The subdivision is in conformance with the comprehensive plan. The subdivision is in
conformance with the Land Use Chapter of the comprehensive plan, which calls for providing
land for jobs (Strategy 2). It is also in conformance with redevelopment plans for the area.
5. The subdivision preserves and incorporates the site's important existing natural features
whenever possible. The site is in a fully-developed part of St. Paul with no remaining natural
features.
6. All land intended for building sites can be used safely without endangering residents by peril
from floods, erosion, continuously high water table, severe soil conditions or other menace.
The site is a flat, fully developed area with no flooding, erosion, high water table or soil
condition problems.
7. The subdivision can be economically served with public facilities and services. The subdivision
can be economically served with public facilities and services from surrounding streets.
PARKLAND DEDICATION: ยง69.511 requires dedication of two (2) percent of the total land area
of the plat for public use, for parks, playgrounds, trails, open space, or conservation purposes. At
the discretion of the City Council, a cash dedication in lieu of land may be paid prior to the city
clerk's signing of the final plat.
1. For this subdivision, staff recommends a cash dedication in the amount of $2,991.33 in lieu of
dedication of land.
2. The applicant has requested a variance of the parkland dedication requirement. The variance
requested would eliminate the cash dedication requirement for the proposed subdivision.
FINDINGS FOR VARIANCE: Sec. 69.703 provides for City Council approval for a variance of the
subdivision regulations:
a) Required findings. The city council may grant a variance to the subdivision regulations when
compliance would create an unusual hardship to the development of the land based on findings that:
1) The intent of this chapter is met. This finding is satisfied. The intent of the subdivision
regulations (Chapter 69.102 of the Zoning Code) includes: (1) to protect and promote
the public health, safety and general welfare; and (4) to provide adequate public services and
facilities. The parkland dedication requirements are intended to promote the public
health and welfare and to provide adequate public park facilities through dedication of
land for public use for parks, playgrounds, trails, open space, or conservation
purposes (or a fee in lieu of land to be used for the acquisition and development or
improvement of such land), on a one-time basis, with the amount of the fee or
dedication roughly proportionate to the need for parkland created by the proposed
subdivision or development. The area of the plat is already developed. The new plat
is required by City code. Use of the entirety of the plat will be unchanged. It remains
an industrial use and is fully developed and therefore does not generate demand for
parks or open space. Thus there is no need for parkland created by this subdivision.
2) The granting of the variance will not be detrimental to the public safety, health or welfare or
injurious to other property or improvements in the neighborhood in which the property is
located. This finding is satisfied. The requested variance of the parkland dedication
fee in lieu of land at the time of platting, from $2,991.33 to $0.00, would not be
detrimental to the public health and welfare because as noted in finding (1) above,
the use does not change and the land is fully developed. The variance would not be
injurious to other property in the area.
3) The conditions upon which the request for the variance is based are unique to the property for
which the variance is sought and are generally not applicable to other property. This finding
is satisfied. The new plat is required by City code to permit the sale of Lot 2. Use of
the entirety of the platted area will remain unchanged. As noted in finding (1) above,
the use the does not change and the land is fully developed.
4) The literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district. This finding is
satisfied. The same development could take place on other properties in the same
zoning district without the parkland dedication at the time of platting required in this
case.
5) The special conditions and circumstances do not result from the actions of the applicant. This
finding is satisfied. The special conditions and circumstances relating to the
previously developed land that will remain unchanged by the proposed subdivision do
not result from the actions of the applicant.
6) Because of the particular natural surroundings, shape or topographical conditions of the
specific property involved, unusual hardship to the owner would result, as distinguished from
a mere inconvenience, if the strict letter of these regulations were carried out. This finding
does not apply to this variance.
b) Conditions of variance. The city council may require conditions for approving a variance that will
substantially achieve the intent and requirements of these regulations. No conditions for the
variance are needed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts and approves the attached preliminary and final plat for Slomkowski Addition, subject to the following condition:
1. The applicant shall file a copy of the council resolution approving the final plat with the Ramsey County Recorder's Office.
AND BE IT FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to the applicant, the zoning administrator, and the planning administrator.