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HomeMy WebLinkAbout2002-02-15 Applicant Attorney Ltr to OPHRB RIDER BENNETT E GAN &A RUNDEL BY HAND DELIVERY Ms. Kris Danielson Community Development Director City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Dear Ms. Danielson: IWB Enclosure CC: Dr. Kathleen Macy Mr. Mike Brabender - Mr. Lyle Koski Jeffrey D. Carpenter, Esq. Febmar5757/002 Attorneys at Law A Prof,onal Ltrrnted 1,21 Pru , 333 South Skwentli Strm-t Suite 2000 Minneapolis, MN 55402 RE: Supplement to Request for Amendment to Conditional Use Permit Our File: 16981/102 Telephone • 61? • 3-In . 7°51 Fax - 612 • 340 7q00 wwwsiderlaw.com India Webb Boulton (612) 340-8945 iwboulton@riderlaw.com Enclosed for filing on behalf of Stillwater Area Schools, ISD #834 to supplement the Development Application for an amendment, filed February 1, 2002, to the Conditional Use Permit issued by the City of Oak Park Heights on December 10, 1991, as amended, affecting the Stillwater Area High School facility are the following documents: 1. Conditional Use Permit Addendum No. 2; and 2. Sound Impact Assessment—Figure 7 (replacement). We also enclose a check in the amount of $200.00 to cover the variance filing fee. If for any reason you have any questions with respect to the enclosed documents, please contact me at (612) 340-8945 or Jeffrey Carpenter at (612) 340-8945. Thank you very much for your assistance. Very truly yours, India W. Boulton 1. Introduction. The purpose of this Conditional Use Permit Addendum No. 2 (the "Second Addendum ") is to address the request by Stillwater School District, Independent School District No. 834 (the "District ") for a variance, if required, applicable to the bleachers and press box structures comprising a portion of the Stadium Improvements. Unless otherwise defined herein, all capitalized terms used herein shall have the meanings originally ascribed to such terms in the District's original Development Application Conditional Use Permit Addendum (the "original Addendum "). As a result of this request, Section 19 of the original Addendum is deleted in its entirety, and this Second Addendum amends the Original Addendum accordingly. 2. Inapplicability of Certain Variances. This is simply to confirm the District's understanding, based upon communications between the City and legal counsel for the District, that certain variance requirements originally identified by the City as possibly applicable to this project have now been confirmed to be inapplicable. In this regard, the District and the City have agreed as follows: (a) Pursuant to Section 401.15.B.7.f.3) of the Code, any nonconformity with outdoor light shielding and height requirements specified in Section 401.15.13.712) of the Code shall be addressed pursuant to this Application by the District for an amendment to its conditional use permit, and not by way of application for a variance. Neither the Code, nor applicable municipal or state building codes, require the construction by the District of - permanent restroom facilities in conjunction with the Stadium Improvements, it being understood that the District shall not need a variance for temporary placement of portable toilet facilities at the Stadium during scheduled Stadium events for the use of Stadium spectators and other attendees in lieu of any such permanent restroom facilities. • (b) DEVELOPMENT APPLICATION CONDITIONAL USE PERMIT ADDENDUM NO. 2 3. Variance for Accessory Building Height Restrictions. As a preliminary matter, the District respectfully objects to the City's requirement that the Stadium Improvements require a variance for building height restrictions under Section 401.15.D.2 of the Code. The City has characterized the bleachers and press box improvements, which comprise a portion of the Stadium Improvements, as Accessory Buildings to which a twelve (12) foot building height restriction would apply. In actual 804641-1 1 fact, the District asserts that the bleachers and press box improvements, together with the other Stadium Improvements, constitute a Recreation Field or Building, as defined under Section 401.02.B of the Code. That Section defines a Recreation Field or Building as follows : City of oak Park Heights Zoning Code, Revised 2000, § 401.02.B (emphasis added). Moreover, by the terms of Section 401.15.D of the Code it is apparent that Accessory Buildings under the Code are contemplated to consist of small, accessory structures typified by detached garages, trash receptacle enclosures, and the like. Stadium bleacher/press box improvements, comprising a portion of a large, outdoor high school stadium, is inconsistent with the scope and purpose of Section 401.15.D. Based upon the foregoing, the District contends that a thirty -five (35) foot building height restriction, pursuant to Section 401.15.C.2, should instead be applicable. Under this interpretation, the visitor bleacher, with a design height of under twenty-five (25) feet would be in compliance with the Code. Similarly, the home bleacher (excluding the press box), with a design height of under thirty-two (32) feet would also be in compliance with the Code. The District concedes, however, that the press box, if construed as part of the home bleacher structure, raises the home bleacher to a design height of forty (40) feet and six (6) inches, a height in excess of the Code's thirty -five (35) foot requirement. Similarly, if the press box is instead construed as an Accessory Building to the bleachers, and although it would be well within the height restrictions for an Accessory Building, it would appear to constitute a technical violation of Section 401.15.D.3 in that it would not be located six (6) feet or more from any other building or structure. In light of the above, the District concurs that some form of variance is required for at least the home bleacher/press box improvements. Out of an abundance of caution, however, the District alternatively applies for variances under both Sections 401.15.0.2 and 401.15.0.3 for nonconformity with either applicable height restrictions or Accessory Building location restrictions. 4. Justification for Approval of variance. The District respectfully contends that the following justifications support granting of a variance in this instance: 804641-1 An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semi - public use, whether temporary or permanent . A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purposes of this Section. (a) Undue hardship will result if the variance is denied due to the following special conditions and circumstances which are peculiar to the land, 2 structure or building involved, and which are not applicable to other lands, structures or buildings in the same district: 0) Given the need to locate the Stadium Improvements adjacent to the existing playing field, no other location on the Property is suitable for location of the bleachers and/or press box. (ii) Denial of the variance would require reduction in the height of the bleachers and/or removal and relocation of the press box, which would cause the following problems: (A) A reduction of the bleacher height would impose extraordinary limitations on home and visitor seating capacity, well below projected spectator attendance at peak football games, affecting issues with respect to crowd control, security and safety. (B) The only solution to a reduction of the bleacher height, in an effort to achieve acceptable seating for spectators, would be to extend bleacher seating laterally along the length of the field. This solution, however, would be impractical in that it would not effectively provide adequate seating, would extend seating to areas where visibility of the field would be greatly impaired, would likely increase the need for additional lighting and sound system installations to the potential detriment of surrounding property owners, and would have the effect of increasing surface area coverage, thereby creating potential drainage problems on the site. (C) Removal of the press box would effectively require press box functions to be performed either on the bleachers and in the midst of the spectators, or on the ground, presumably elsewhere along the circumference of the playing field. Beyond the practical difficulties of mixing coaches, scorekeepers, press and other technical personnel with spectators, or with locating such personnel elsewhere in the stadium area, the lack of a secure press box structure poses serious safety issues due to the need to protect electrical components, persons and equipment from adverse weather conditions. (D) Relocation of the press box to another location in the stadium area is also impractical due to the need for clear visibility of the playing field. (iii) Due to the configuration of the existing track, which is known as an "international broken -back track ", spectator and press viewing 804641 -1 of events on the playing field is fairly distant (distance from bleacher to closest football field sideline is approximately 100'). For this reason, the bleachers and press box must be constructed with as much height as practical. (b) Literal interpretation of the provisions of the Code would deprive the District of its ability to put the property in question to a reasonable use —a use which was originally contemplated at the time the Stadium was schematically designed as part of the original construction documents for the high school improvements in 1991. (c) The special conditions and circumstances causing undue hardship do not result from the actions of the District. Rather, such conditions and circumstances are simply inherent in any stadium design. (d) Granting the variance requested will not confer on the District any special privilege that is denied by the Code to other lands, structures or buildings in the same district under the same conditions. (e) The request is not a result of non - conforming lands, structures or buildings in the same district. (f) The request is not a use variance. (g) The variance requested is the minimum variance necessary to accomplish the intended purpose of the District. Any reduction in the design height of the bleacher structure to reduce the scope of the variance requested would have the effect of reducing seating to a level that is projected to be insufficient to accommodate peak Stadium usage. (h) The request does not create an inconvenience to neighboring properties and uses. It is consistent with the height restriction variance previously granted in 1991 for the construction of the high school. [The balance of this page has been intentionally left blank.] 4 Contacts Stillwater Public Schools, 1.S.D. 834: Mike Brabender Supervisor of Operations Stillwater Area High School 1875 Greely Street Stillwater, MN 55082 (651) 351 -8379 Landscape Architect: Jay Pomeroy Anderson Johnson Associates, Inc. (763) 544 -7129 864641 -1 5 Legal Counsel: Rider, Bennett, Egan & Arundel, LLP 333 South Seventh Street, Suite 2000 Minneapolis, MN 55402 Jeffrey D. Carpenter, Esq. (612)340 -8935 India W. Boulton, Esq. (612) 340 -8945