Item 3.2 Carrick's Landing Variance3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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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
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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.
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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.
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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.
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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
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