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03-396, �) G�NAL Council File # a3 -'S 1(� r o., el,POr � �1An � q 3 Presented By Referred To Whereas, the City's zoning administrator pursuant to legislarive code § 64300(h)(2), 2 notified the planning commission that Nicollet Restoration was not in compliance with 3 conditions imposed in a special condition use permit granted to Nicollet Restorarion by the 4 planning commission on April 12, 2002 for four single boat docks and one group dock, with 5 provision of propane gas and electricity for property located at 436 Sheppard Road; and 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Whereas, in response to the zoning administrator's notification, the planning commission's zoning committee conducted a public hearing on November 26, 2002, after having provided notice to the permit holder and submitted its recommendation to the Comxnission. The Commission, in its Resolution No. 02-96, based upon all the testimony, file and the report of staff, deternrined to revoke Nicollet Restoration's special condition use pernut based upon the following findings and conclusions: 1. On April 12, 2002, the Planning Commission approved a Special Condition Use Pernut for four single boat docks and one group dock, with provision of propane gas and electricity for boats using the docks, at 436 Shepard Road, with the following conditions: "(1) The applicant/property owner shall provide sanitary service to the "live aboazd" boats in accardance with the 5tate Building Code. Plans for sanitary service shall be submitted to LIEP within 60 days of the approval of this permit. Once approved by the Building Official, the installation shall be installed within 30 days of the issuance of appropriate pernuts. The marina shall also be provided with a potable water service via a connection to the existing water main available in "Old" Shepazd Road. Time allotted for plan approval and installation of water service shall be the same as required for sanitary service. (2) The applicant shall provide plans to the Office of Licensing, Inspections and Environmental Protection showing: (a) How the installations described in Condition #1 aze protected in a flood event. (b) A permanent dock sttucture that can adjust to fluctuafions in the river elevation, pmvide safe year round access for boat owners and support utility connections to the boats. Plans must also show the number of mooring spaces at each dock, not to exceed nine a total of nine in conformance with the Coips of Engineers permit. 1 � ORIGI�AL 2 (3) There is to be no casual mooring of watercraft at this facility; watercraft are to 3 be docked only at specified mooring spaces. No more than nine total watercraft 4 are to be docked at this facility at one time. 6 (4) Within 60 days of this approval, the applicant must provide a detailed 7 emergency management plan to the Office of Licensing, Inspections, and 8 Environmental Protecrion which addresses how watercraft and all associated 9 materials aze removed in a flood event, and how utilities are disconnected. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (5) If the applicant's Corps of Engineers permit expired on December 31, 2001, the applicant shall obtain a new Corps of Engineers permit. (6) This permit shall be void if the terms of Conditions #1, #2 and #4 are not met within the specified time period. (7) Unused propane tanks and miscellaneous debris shall be removed from the shore and water at the site, and shall not be permitted to accumulate. 03-�a4 2. On September 20, 2002, LIEP project facilitator wrote a memo to LIEP site plan review staff regarding the site plan for the boat docks at Island Station, 436 Shepazd Road. The conclusion of this memo was that the site plan does not provide enough detail to ensure that there aze reasonable precautions in place to ensure safe handling of sewage and adequate accommodation to provide a potable water supply to the marina residents and unless a plan can be submitted to address these issues the site plan should be denied. 3. On October 4, 2002 L.I.E.P. site plan review staff sent a letter to the pernut holder, John Kerwin, regarding the boat docks at Island Station. This letter states that L.I.E.P. has determined that under condition # 6 of the River Corridor Conditional Use Pernut, the Special Condiuon Use Permit is void because the terms of condition # 1 were not met within the specified time, and the use covered by the pemrit is not in compliance with conditions 2& 3 of the permit. 4. Condition # 1 states that the property owner shall provide sanitary sewer to the "live aboazd" boats in accordance with the State Building Code within 60 days of approval of the pemut. Also the marina shall be provided with potable water within the same 60 day period. L1EP's Determination: The plans for sanitary sewer and water service do not provide sufficient detail about how the service will be provided to the boats. It is not clear how the service would be provided consistent with the intent of the permiYs conditions. At an August 2002 meeting with LIEP staff, 7ohn Drucker indicated that half or more of the boats moored at this marina have no on-board sanitary facilities and would continue to need an on-shore portable toilet for sanitation. The sanitary pumping facilities proposed by Mr Kerwin would only be used for those boats that have facilities on board. The pump as proposed is located on a floating dock. Boats requiring pumping of there holding tanks would either need to maneuver the craft to this dock or the dock would need to be towed to the boat. LIEP staff expressed concern how this would be done under cold weather circumstances since the boats are scattered on separate dock structures over the entire 400+ feet of shoreline along Mr Kerwin's property. The staff recommendation regarding the condition on providing proper handling of sanitary for this marina was with the understanding that all live-aboard boats had toilet rooms and holding tanks. The intent of the condition was to ensure that residents of the marina had a safe and convenient way to properly dispose of their waste and to provide reasonable assurance to l.ri �7 v��ul 03 -3q` 2 the community that the residents of the marina are protected from unsafe handling of the 3 waste and avoid potential pollution problems to the river. 4 5 5. Condition # 2 states that applicant shall provide plans to LIEP showing how the 6 installarions in Condition # 1 aze protected in a flood event. Plans must show the 7 number of mooring spaces at each dock, not to exceed a total of nine in conformance with 8 the Corps of Engineers permit. LIEP's Determination: The plans show the docks but do 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 not show the number of mooring spaces. John Drucker, the permit holder's representative provided a verbal explanation to L1EP how the dock structures would adjust to fluctuations in river elevation but failed to provide written plans to show how this would be accomplished. 6. Condition # 3 states that there is to be no casual mooring of watercraft at this facility; watercraft are to be docked only at specified mooring spaces. No more than nine total watercraft are to be docked at this facility at one time. LIEP's Deternunation: There are at least 10 boats moored along the shoreline at this rime (this rime is on or about October 4, 2002). 7. PED staff visited the site and did not find the proposed machine and pump to store sewage from the boats. Regarding the source of potable water noted on the plan the building containing the water is at least 250 to 300 feet up hill from the boat dock. The ramp to the boats from the shoreline is poorly constructed and does not have a hand rail and appeazs unsafe for pedestrians. There were 5 boats at the group dock, and two boats appeared to have wood stoves burning (smoke that smelled like a wood fire and lazge piles of firewood on the shore). There were no portable toilets on the shore or visible around the site. There were no electrical wires or water lines visible along the shore or to the boats. 8. A key finding in the Zoning Committee Staff Report dated March 28, 2002 was: No use shall be pernutted which is likely to cause pollution of waters, as definedin Minnesota Statutes, Section 115.Ol,unless adequate safeguards, approved by the state pollution-control agency, are provided [ZC Sec. 65.214(10)]. The applicant states that all watercraft using this property will meet a11 applicable Coast Guard requirements (including all on-board sanitary facilities). There is also a portable toilet located upland, above the 100-year flood elevation, but no on-site pump-out facility. Harriet Island marina is served by city sewer and water; Watergate Marina (because of its elevation relative to Shepard Road) uses a pump-out facility to serve houseboats. Staff are very concerned that this condition cannot be met with the current provisions far sanitary facilities. Given the relative proximity and availability of city sewer and water service, staff recommend that this facility connect to city sewer and water. Staff's concern in the above referenced report is reinforced by LIEP's findings regazding the inadequacy of sanitary sewer and potable water at the Isiand Station Docks. There is no evidence of or acceptable plans proposed for ensuring adequate safeguazds have been or will be implemented that will ensure protection of Mississippi waters from pollution due to improper disposal of untreated effluent." 0 � �� I�r�6�� a3-3q4 2 Whereas, pursuant to the provisions of I.eg. Code . 0 i 1 estoraUon duly 3 filed an appeal &om the determination made by the planning commission and requested a hearing 4 before the City Council for the purpose of considering the actions taken by the planning 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 couunission; and Whereas, acting pursuant to I.eg. Code §§ 64.206 -.208, and upon norice to affected parties, a public hearing was scheduled before the City Council on 7anuary 8, 2003 but at the written request of Nicollet Restoration the public hearing was further continued to February 5, 2003; and Whereas, on Febmary 5, 2003,the City Council duly conducted the public hearing on the appeal by Nicollet Restoration and, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the zoning committee and the planning commission, does hereby Resolve, that the Council of the City of Saint Paul does hereby affirm the decision of the planning commission in this matter there being no showing by the appellant that the planning commission erred in its facts, finding or procedures when it deternuned to revoke the special condition use pernut; and, be it Further Resolved, That the appeal of Nicollet Restorarion is hereby denied; and, be it Finally Resolved, That the City Clerk shall mail a copy of this resolution to Nicollet Restoration, the Zoning Administrator and the Planning Commission. Requested by Department of: By: Form Appro d by City Attorney s -Y,vl�..G✓�a'✓.`<--� ? Z?-op Adoption by Council Secretary Approved by Mayor for Submission to Council � � —�- Approved by �� � Adopted by Council: Date �_� ,�� a��3 City Attorney 266-8710 TOTAL # OF SIGNATURE PAGES DATE�NRIATED 3/27/-03 GREEN SHEET �.M,��,� 01-3g(, No 200579 mrewe� ❑ C11Y4iiORIEY ❑ fMCIiRK ❑AIM1IlC1I11.tER111LF10R ❑pM11C111L1FR1If1CGT6 ❑ WvOR1oRYmbT4Nf) ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Memorializing City Council acfion taken Februuy 5, 2003, denying the appeal of Nicollet Restoration to a decision of the Planning Commission to revoke a River Corridor Conditional Use Permit to allow foiar single boat docks and one group dock, with provision for propane gas and electricity for boats using the dock, at 436 Shepard Road. PL4NNIIJG CAMMiSSION CIB COMMITTEE CIVIL SERVICE CAMMISSION AMOUNi OF TRANSACTION S�URCE Has mis ce�oNfirm erx. »nrlced u�der a cono-aa to.mis aeaartmerila YES ND Fies fhis Oe�aoMrtn eMer heen a aF! emWoYy�7 YES NO Daes this peisorJfirtn possess a siull not normalrypossessed by airy curteM ciry employee7 VES NO Is Nis persaMrm e fargetetl ve�doY7 , YES NO COST/REVENUE BUDGETED (CIRCLE ON� Y6S NO ACTIVI7YNUMBEit - 1' CITY OF SAINT PALTL Randy C. KeRy, Mayor March 27, 2003 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 ?i �.�,;�� r y { � P � f, �:p �`� . n x ��� I� Re: Resolution memorializing the decision of the City Council to revoke a Special Condition Use Permit previously issued to Nicollet Restoration for properry commonly known as 436 Sheppazd Road. City Council Action Date: February 5, 2003. Dear Nancy: Attached please find the signed original Resolution memorializing the CiTy Council's decision to deny an appeal by Nicollet Restoration from a decision of the Planning Commission to revoke a Special Condition Use Permit issued to Nicollet Restoration far property located at 436 Sheppard Road. Please place this Resolution on the consent agenda for adoption by the Council at your earliest possible convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, � �h/uvv�—� eter" W. Warner Assistant City Attorney OFFICE OF THE CITY ATTORNEY Manuel J. Cervarttes, City Attorney Q�.,31 ` civil Division 400CiryHa(i Teiephone:65126b8710 ISWestKelloggBlvd Facsirrsile:651298-5679 Saint P¢u[, Minnesota 55102 Hand Delivered PWW/rmb Enclosure