BY COUNCILOR GILBERT:
The city council finds as follows:
On December 9, 2003, the planning commission approved a special use permit to provide for excavation and grading of 200 cubic yards of materials within the general development, Class I, shore land zone, and a variance to allow for (1) a 62 percent impervious surface in a 30 percent zone, and (2) allow for portions of seven parking spaces within the 50 foot setback from shoreline. A copy of the staff report is on file with the city clerk as Public Document No. __________.
It has been reported to the council that special use permit and variances were approved subject to the following conditions:
(a) The project be limited to and developed in accordance with the plans submitted by Blesener, Dahlberg, Prestidge Architects, entitled Endion Shores development dated 11/17/03, and Endion Shores attachment “A” cut and fill calculations by BDP Architects dated 11/17/03;
(b) That the necessary MPCA permits be secured prior to the issuance of any construction permits; and
(c) That the vacation of 21st Avenue East and the acceptance of easement for Lakewalk be approved by the city council prior to the issuance of any construction permits;
It has been reported to the council that the approved plan was changed from townhouses to condominiums and the density was increased from seven to 12 units for the westerly Phase I of the project, and that other changes from the approved plan were made without review and consent of the planning commission or the public.
It has been reported to the council that the approved plans did not allow for the maximum height allowable by the R-3 zoning of 35 feet to “average” height of the hip roof, so the height which may comply with the zoning ordinance exceeds the height conditions set forth in the conditions of the special use permit and variances, and an agreement with residents; and further, that promotional materials by the owner show five story buildings, including loft and basement, which clearly is a change from the approved plan.
It has been reported to the council that the special use permit and variances were approved subject to an agreement with residents (neighborhood planning district 7) which agreement both further reduced the allowed height of the building to two stories and allowed lower density and lower total height and roofline. In exchange, the owner received the benefits of an impervious surface variance, and the vacation of 21st Avenue East without a pedestrian easement which was originally requested by neighborhood planning district 7.
It has been reported to the council that the special use permit and variances were also approved subject to an agreement with residents (neighborhood planning district 7) that the development would comply with Endion waterfront plans “that buildings are designed to reflect the scale and character of nearby development” and “would be compatible with the existing 2 story houses already in the area.” Specifically, the residents (NPD 7) report they were promised that the new development would be compatible with the development project at 23rd Avenue East by Edmunds and with all other development along the shore and in Canal Park.
It has been reported to the council that the special use permit and variances were approved subject to a Lakewalk easement that was approved by the city council in Resolution 05–0286 adopted May 23, 2005, based on the drawing of Salo Engineering dated December 8, 2003, but that the drawing did not fairly represent the location of the easement, and it did not show that the Lakewalk would need to protrude into Lake Superior to be built around the building. These circumstances dictate that most likely there is means that it is tantamount to no useable Lakewalk easement at all, and there will be a permanent break in the Lakewalk.
NOW, THEREFORE, the city council respectfully requests the planning commission to review the special use permit and variances for Beacon Point for compliance with applicable conditions and agreements.
STATEMENT OF PURPOSE: This resolution asks for a compliance check to make sure a development project is being executed in a legal manner.