Adopt Resolution #21-142 Allowing Removal of Berm at 14601 Ramsey Blvd NW and Adjacent Property; Case of Kinghorn Construction

The purpose of this case is to review a request from Kinghorn Construction (the "Applicant") to remove the berm straddling the property line between 14601 Ramsey Blvd NW and the adjacent property to the south, on the northwest corner of Sunwood Drive and Ramsey Blvd NW (the "Subject Properties"). The Subject Properties are known as Lot 1, Block 1 and Outlot A, AEC Energy Park, Anoka County, MN. The berm that straddles the Subject Properties 

No notification is required. 

Summary of Request
Kinghorn Construction has requested the removal of the berm on behalf of Connexus Energy, the property owners. Staff has researched the previous approval from 1995 in relation to the berm. It appears that the City required screening of the proposed outdoor storage area on Connexus Energy's site, which included a berm as an option. Connexus Energy fenced in the storage area and built a berm. Screening of outdoor storage is a typical requirement, however it appears that Connexus Energy has double screening on the Subject Property (both fencing and a berm). 

The berm is hindering the ability to build on the adjacent property to the south, Outlot A. The berm, from aerial photos and contours (attached) appears to be more on the adjacent property than Connexus Energy's main site. The berm does not have any purpose besides screening. 

Connexus Energy is willing to work with the City on this request. Staff is supportive of the request in order to allow for future development of industrial buildings, meeting the City's goals of providing more jobs. This request is a fully optional request, meaning that the City Council could choose to require the berm stay in place because of the previous approval, or could honor the request and allow removal of the berm. Staff has placed this item on the consent agenda because of the nature of the request, which seems reasonable given the findings below. 

Staff is handling this request as part of normal duties.

Staff recommends adoption of Resolution #21-142. The City Council has the full authority to approve or deny this resolution, because this is an optional request. Staff is supportive of the request for the following findings:

• The berm would not be required today if the project came forward for Site Plan review.
• The berm was listed as an option for screening outdoor storage and was proposed by Connexus Energy, the property owner, who has fenced in the outdoor storage area.
• The berm takes up a significant amount of the buildable space on Outlot A, impacting the size of a new industrial building that could be built.
• The outdoor storage area on Connexus Energy's site is fully fenced in. 
• Connexus Energy currently owns both sites and is supportive of the application and willing to work with Staff on any additional items that may be needed.
• Since this was a contingency of original Site Plan Approval, the City Council must approve the change (Staff cannot approve administratively)

Motion to adopt Resolution #21-142.