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Item 3.2 Carrick's Landing Variance3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht REPORT DATE: 10 April 2024 RE: Otsego – Carrick’s Waterfront Park; Shelter Variance TPC FILE: 101.02 BACKGROUND The City of Otsego is proposing improvements at Carrick’s Waterfront Park located adjacent to the Mississippi River east of TH 101 at 90th Street (9050 Quantrelle Avenue). The improvement plans recommended by the Parks and Recreation Commission and approved by the City Council include providing canoe and kayak access, and shoreline fishing access, restoration of the riverbank, improved parking access at the south end of the park, and construction of a shelter with views of the Mississippi River. The proposed improvement plans have been reviewed by City staff and the Minnesota Department of Natural Resources staff. The plans comply with the requirements of the Zoning Ordinance and WSRR, Wild Scenic and Recreational River Overlay District with the exception of the proposed shelter. The proposed shelter encroaches into the setback required from the Ordinary High Water Level of the Mississippi River. The City is initiating consideration of a variance to allow for the proposed shelter to encroach into the setback required from the Ordinary High Water Level of the Mississippi River by the WSRR District. A public hearing to consider the application has been noticed for the Planning Commission meeting on 15 April 2024. Exhibits: Site Location Map Site Plan dated 03.25.2024 Shelter Plan dated 10.21.15 Item 3.2 2 ANALYSIS Carrick’s Waterfront Park was acquired by the City as part of the Otsego Waterfront East development as a community park intended to increase recreational opportunities adjacent to the planned commercial development and increase access to the natural amenities of the Mississippi River for City residents, employees, and visitors. The City has undertaken a number of improvements to the property overtime including plantings and construction of the pedestrian bridge in addition to the trail constructed at the initial time of development. The 2019 Parks + Recreation System Master Plan encourages the City to expand recreational opportunities involving the Mississippi River. Natural resource recommendations of the 2019 Parks System Master Plan include improving Mississippi River access and providing support facilities such as overlooks and viewing areas, and fishing piers. The proposed improvement project will enhance existing access to the park and expand amenities. The improved shoreland access will allow for a river borne connection between Noring Landing at Kadler Avenue in northwest Otsego and Carrick’s Waterfront Park via canoe and kayak. The proposed improvements are consistent with the recommendations of the Parks + Recreation System Master Plan. Carrick’s Waterfront Park development is subject to the standards established by the WSRR District to protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the City by carefully controlling development of this river corridor consistent with the State Wild and Scenic River Act and Minnesota Rules. Public parks and recreation uses, including public trail accesses to the Mississippi River, are allowed as permitted uses within the WSRR District. City staff considers the proposed shelter to be a water-oriented structure (and attached wood deck) as its purpose is to provide an overlook of scenic views of Mississippi River and is accessory to the proposed fishing pier and canoe and kayak launch uses included as part of the improvements. Section 11-95-7.E.2 of the Zoning Ordinance requires structures such as the proposed shelter to be setback 75 feet from the Ordinary Highwater Level of the Mississippi River. Section 11-95-9.E.1.a(1) of the Zoning Ordinance further requires that uses such as the structure are to be designed to incorporate topographic and vegetative screening to minimize views from people upon the Mississippi River. The water level of the Mississippi River adjacent to Carrick’s Waterfront Park varies greatly based on seasonal changes and the amount of snow or rainfall each year. The site plan for the proposed improvements identifies the Ordinary High Water Level as defined by the Department of Natural Resources based on elevation as well as a typical waters edge for locating the fishing pier and canoe and kayak launch and access steps. The Ordinary High Water Level of 860 feet is approximately 30 feet landward from the field location of the water level at shown on the site plan at 864 feet, with a cross section of this information is provided below. The proposes shelter is shown to be located at the Ordinary High Water Level, whereas the wood deck extends 12 feet from the Ordinary High Water Level towards the Mississippi River. 3 The distance between the typical elevation of the Mississippi River water level and the regulatory Ordinary High Water level is one practical difficulty with locating the proposed structure in compliance with required setbacks. A second practically difficulty is that moving the shelter another 45 feet west to comply with the required setback would be incongruent with the purpose of the shelter of improving public access and enjoyment of the Mississippi River. Existing vegetation and restoration of vegetation along the Mississippi River shoreline as part of the proposed improvements will provide for required screening of the structure as viewed from the Mississippi River consistent with the requirements of the WSRR District mitigating the potential effects of the setback reduction. Consideration of variances within the WSRR District are subject to the general criteria established by Section 11-6-3 of the Zoning Ordinance, the following additional criteria are to be considered by the Planning Commission: A. The strict enforcement of the land use controls will result in unnecessary hardship. B. Granting of the variance is not contrary to the purpose and intent of this chapter and is consistent with the Minnesota Rules parts 6105.0010 to 6105.0250 and 6105.0800 to 6105.0960. 4 C. There are exceptional circumstances unique to the subject property which were not created by the landowner. D. Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located. E. Granting of the variance will not alter the essential character of the locality. City staff advises that the proposed variance is justified based on the difference between the defined Ordinary High Water Level and seasonal water levels of the Mississippi River. This fluctuation between the regulatory Ordinary High Water Level and typical water level creates a practical difficulty in locating water oriented structures able to fulfill their intended purpose. Furthermore, the proposed variance is consistent with the intent of the Zoning Ordinance and Minnesota Rules to minimize impacts of development and not alter the essential character of the Mississippi River corridor. RECOMMENDATION City staff recommends approval of a variance for encroachment into required setbacks from the Ordinary High Water Level of the Mississippi River for the planned improvements at Carrick’s Waterfront Park to be undertaken by the City. POSSIBLE ACTIONS A. Motion to recommend approval of variance from the setback requirements of the WSRR District for improvements at Carrick’s Waterfront Park, subject to the following condition: 1. The subject site shall be developed in accordance with the site and building plans submitted to the City subject to the stipulations, limitations, and conditions as approved by the City Council in accordance with Section 11-9-4 of the Zoning Ordinance. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the policies of the Comprehensive Plan and criteria established by the Zoning Ordinance. C. Motion to table. 5 c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney Nick Jacobs, Parks and Recreation Director Gabrielle Grindle, HKGi James Bidell, DNR Site Location Map 461 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL Highways Interstate State Hwy US Hwy City/Township Limits c t Parcels