7.b 1 Ruddy interim use permit
Memorandum
To: Scandia City Council Reference: Ruddy Interim Use Permit
Request
Copies To: Neil Soltis, City
Administrator Project No.: 16022.013
Brenda Eklund, Clerk
Julie Ruddy, Applicant
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: July 12, 2016
SUBJECT: Ruddy Interim Use Permit request for Temporary Dwelling Unit During
Construction of a new home
MEETING DATE: July 19, 2016
LOCATION: 21020 Meadowbrook Avenue North
Scandia, Minnesota
APPLICANT: Julie Ruddy
ZONING: Agriculture Core (AG C)
60-DAY PERIOD: August 2, 2016
ITEMS REVIEWED: Application and supporting documents submitted June 3, 2016
BRIEF DESCRIPTION OF THE REQUEST
The applicant is requesting an Interim Use Permit (IUP) to maintain the existing home and live
in it while a new home is constructed on the property. The property is located in the Agriculture
Core (AG C) Zoning District and is 29.96 acres in size. An IUP is required for a Temporary
Dwelling Unit During Construction.
BACKGROUND
The applicant is building a new home on the property at 21020 Meadowbrook Avenue North.
She has applied for a building permit for the new home. She is requesting that the City allow
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her to keep the existing home in place and maintain it as her residence it until the new home is
completed.
The Development Code includes the use called Temporary Dwelling Unit During Construction
that permits 1 temporary dwelling unit on a parcel where a home is under construction to be
occupied during construction. The Code requires that the parcel owner obtain an Interim Use
Permit (IUP) for the Temporary Dwelling Unit.
INTERIM USE PERMIT CRITERIA AND USE CRITERIA
The Development Code, Chapter 2, Item 9 includes the criteria for granting an Interim Use
Permit (IUP). The use must meet the applicable standards for a conditional use permit
identified in the Code. The general criteria for granting a Conditional Use Permit (CUP) include
the following:
The conditional use will be in compliance with and not have a negative effect upon the
Comprehensive Plan, including the City’s public facilities and capital improvement plans.
The use will promote or enhance public welfare, and will not be detrimental to or
endanger public health, safety, morals or comfort.
The use will not be injurious to the use and enjoyment of other property in the immediate
vicinity, diminish and impair property values or scenic views.
The use will not impede the normal and orderly development and improvement of
surrounding property for uses permitted in the district.
Adequate public facilities are available to accommodate the use.
The use shall conform to the applicable regulations of the district in which it is located.
The use shall comply with the general and specific performance standards in the
Development Code.
In addition to the criteria for a CUP, an interim use must also comply with the following criteria:
The use is allowed as an interim use in the respective zoning district.
The date or event that will terminate the use can be identified with certainty.
The use will not impose additional unreasonable costs on the public.
The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
The Temporary Dwelling Unit During Construction Use (Chapter 2, Section 4.26 of the
Development Code) requires that the following criteria be met:
The property is limited to 1 temporary dwelling unit during construction.
The dwelling unit may be occupied only by persons who are the present or potential
occupants of the single-family residence being constructed, reconstructed or altered.
An interim use permit for the temporary dwelling may be issued only after the building
permit has been obtained for the proposed construction.
The temporary dwelling unit shall use the existing or the proposed road access drive of
the principal dwelling unit under construction.
The unit shall be connected to an approved on-site waste disposal system
The property owner shall submit a financial guarantee to the Zoning Administrator to
ensure that the structure will be removed upon termination of the interim use permit.
The amount of the guarantee shall be determined by the Zoning Administrator.
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The interim use permit shall expire when construction is completed or within one year
from the date of issuance, whichever is less. At the termination of the interim use
permit, the temporary dwelling shall be removed from the premises within 30 days,
unless a different time is approved by the City based upon unique circumstances, but
shall in no instance exceed 90 days.
DETAILED EVALUATION OF THE IUP REQUEST
Comprehensive Plan, Capital Improvements Plan and Public Facilities
The applicants’ proposal is within the Agriculture Core (AG C) District. The Comprehensive
Plan and Development Code support single family residential uses on parcels in the district, but
do not support multiple residential units. Therefore, an Interim Use Permit is required for a
Temporary Dwelling Unit During Construction in the AG C District.
The proposed use will not affect the City’s Capital Improvements plan or the public facilities in
the area.
The proposed use is consistent with the Comprehensive Plan.
Other General Criteria for Granting CUP’s/IUP’s
The Planner’s findings related to the other general criteria for granting CUP’s or IUP’s follow
each of the criteria (criteria are in italics), below:
The use will promote or enhance public welfare, and will not be detrimental to or
endanger public health, safety, morals or comfort.
o Allowing the existing residential unit to remain while a new unit is constructed will
not endanger public health or safety. The impacts on neighboring properties,
public health and public safety will not change from the existing situation if the
existing unit is removed shortly after the new unit is completed as required by the
Development Code.
The use will not be injurious to the use and enjoyment of other property in the immediate
vicinity, diminish and impair property values or scenic views.
o Allowing the existing home to remain only during construction will not create new
impacts on neighboring properties from the current situation, and therefore, will
not affect property values or scenic views.
The use will not impede the normal and orderly development and improvement of
surrounding property for uses permitted in the district.
o The Temporary Dwelling Use of the existing home will not affect the potential for
development of neighboring properties.
Adequate public facilities are available to accommodate the use.
o Existing public facilities are adequate to accommodate the existing home and
new home.
The use shall conform to the applicable regulations of the district in which it is located.
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o A Temporary Dwelling Unit During Construction is a permitted use with an IUP in
the AG C District.
The use shall comply with the general and specific performance standards in the
Development Code.
o Findings related to the specific performance standards for the use are discussed
below. The proposed conditions require that the applicants comply with the
specific performance standards in the Development Code.
The date or event that will terminate the use can be identified with certainty.
o The proposed conditions specify that the use will terminate when the construction
of the new home is completed or within one year from the date of issuance,
whichever is less, and the City has issued an occupancy permit for the new
home. The performance standards require the removal of the temporary dwe lling
unit within 30 days after the termination of the IUP.
The use will not impose additional unreasonable costs on the public.
o The maintenance of the existing home will not impose additional costs on the
public over the existing situation.
The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
o The applicants will be required to address the conditions that the City Council
approves with the permit.
Specific Criteria for the Proposed Interim Use
The Planner’s findings related to the specific criteria for the Temporary Dwelling Unit During
Construction Use are the following:
The property is limited to 1 temporary dwelling unit during construction.
o The applicants are requested to retain the one existing dwelling unit during
construction. The Conditions will specify that only one temporary unit is
permitted.
The dwelling unit may be occupied only by persons who are the present or potential
occupants of the single-family residence being constructed, reconstructed or altered.
o This criteria is included in the proposed conditions for the IUP.
An interim use permit for the temporary dwelling may be issued only after the building
permit has been obtained for the proposed construction.
o The applicants have submitted a building permit to the City for the proposed new
home. The Building Inspector has reviewed the permit and is ready to sign it.
The IUP will not be issued until the building permit has been approved.
The temporary dwelling unit shall use the existing or the proposed road access drive of
the principal dwelling unit under construction.
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o The proposed site plan indicates that the temporary dwelling unit and new unit
will use the existing access drive to Meadowbrook Avenue North. This condition
is included in the proposed conditions for the IUP.
The unit shall be connected to an approved on-site waste disposal system.
o The existing home has an approved on-site waste disposal system. The
applicants will need to obtain County approval for the system that will be used for
the new home.
The property owner shall submit a financial guarantee to the Zoning Administrator to
ensure that the structure will be removed upon termination of the interim use permit.
The amount of the guarantee shall be determined by the Zoning Administrator.
o The proposed conditions require submission of a financial guarantee. The City
Administrator/Zoning Administrator will determine the amount of the guarantee.
The interim use permit shall expire when construction is completed or within one year
from the date of issuance, whichever is less. At the termination of the interim use
permit, the temporary dwelling shall be removed from the premises within 30 days,
unless a different time is approved by the city based upon unique circumstances, but
shal in no instance exceed 90 days.
o The proposed conditions require that the applicant shall comply with the
performance standard for the length of the IUP and removal of the existing home.
The Planner finds that the proposed use is consistent with the general and specific criteria for
approving interim use permits in the Development Code.
ORDINANCE ISSUE DISCUSSION
The City Administrator discussed this application with the City’s Building Inspector, Chuck
Preisler. Chuck noted that many cities do not require a CUP for the Temporary Dwelling Unit
during construction use when the existing home will be replaced with a new structure. Chuck
stated that other cities do not issue an occupancy permit for the new structure until the old one
is removed, and therefore a CUP may not be needed.
Prior to the most recent update to the Zoning Ordinance, this use required an administrative
permit (COC) rather than a CUP. The Planning Commission should discuss this issue, and
recommend an amendment to the ordinance requirement for a CUP for this use if appropriate.
PLANNING COMMISSION PUBLIC HEARING, DISCUSSION AND RECOMMENDATIONS
The Planning Commission held a public hearing on the Ruddy IUP request at its meeting on
July 7. The Commission received no written or verbal comments on the request. The
Commission recommended approval of the request, and noted that the City should review the
ordinance requirement for an IUP for Temporary Dwelling Units During Construction to clarify
that an IUP is needed for a temporary trailer that is used as a temporary dwelling, but not for an
existing home that is used for that purpose.
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OPTIONS FOR THE CITY COUNCIL
The City Council can take one of the following actions for this request:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
PLANNING COMMISSION RECOMMENDATIONS
The Planning Commission recommends that the City Council approve an Interim Use Permit to
allow the existing home on the property located at 21020 Meadowbrook Avenue North as a
Temporary Dwelling Unit During Construction of a new home on the property. The Commission
recommends the following conditions:
1. The use shall be consistent with the application dated June 3, 2016.
2. One temporary dwelling unit (the existing home) shall be permitted on the property
during the construction of a new home.
3. The temporary dwelling unit shall be occupied only by persons who are the present or
potential occupants of the new single-family residence being constructed on the
property.
4. The applicant shall obtain a building permit for the construction of the new home.
5. The temporary dwelling unit shall use the existing road access drive.
6. The temporary dwelling unit shall be connected to an approved on-site waste disposal
system while it is occupied.
7. The applicants shall submit a financial guarantee to the City to ensure that the structure
will be removed upon termination of the interim use permit. The City Administrator shall
determine the amount of the guarantee.
8. The interim use permit shall expire when construction is completed and the City has
issued an occupancy permit for the new home, or within one year from the date of
issuance, whichever is less. The applicants shall remove the existing home from the
property within 30 days of the expiration of the interim use permit.
9. The Applicant shall pay all fees and escrows associated with this application.
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 07-19-16-01
APPROVING AN INTERIM USE PERMIT FOR A TEMPORARY DWELLING UNIT
DURING CONSTRUCTION FOR 21020 MEADOWBROOK AVENUE NORTH
WHEREAS, Julie Ruddy has made an application for an Interim Use Permit for a
Temporary Dwelling Unit During Construction to maintain the existing home in place while a
new home is constructed on the property at 21020 Meadowbrook Avenue North; and
WHEREAS, the property is legally described as follows:
That part of the Southwest Quarter of the Southwest Quarter of Section 16, Township 32
North, Range 20 West, Washington County, Minnesota lying southerly of the centerline of
Scandia Trail North (Minnesota State highway 97) as presently monumented except that part
platted as Alexanderville Section 16, Township 32, Range 20; and
WHEREAS, the Planning Commission reviewed the request for the Interim Use Permit
at a duly noticed Public Hearing on July 5, 2016, and recommended approval of the request; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby approve an Interim Use Permit for a Temporary Dwelling Unit During Construction
to permit the existing home on the property at 21020 Meadowbrook Avenue North to remain in
place while a new home is constructed, based on the following findings:
1. Allowing the existing residential unit to remain while a new unit is constructed will not
endanger public health or safety. The impacts on neighboring properties, public health
and public safety will not change from the existing situation if the existing unit is
removed shortly after the new unit is completed as required by the Development Code.
2. Allowing the existing home to remain will not create new impacts on neighboring
properties from the current situation, and therefore, will not affect property values or
scenic views.
Resolution No.: 07-19-16-__
Page 2 of 3
3. The Temporary Dwelling Use of the existing home will not affect the potential for
development of neighboring properties.
4. The existing public facilities are adequate to accommodate the existing home and new
home. The use will not impose additional unreasonable costs on the public.
5. A Temporary Dwelling Unit during Construction is a permitted use with an IUP in the
Agriculture Core Zoning District.
6. The conditions permit only one temporary unit during construction of the new home.
7. The dwelling unit will be occupied only by persons who are the present or potential
occupants of the single-family residence being constructed.
8. The applicants have submitted a building permit to the City for the proposed new home.
The Building Inspector has reviewed and is ready to sign the permit. An IUP will not be
issued until the building permit has been approved.
9. The temporary dwelling unit shall use the existing road access drive.
10. The temporary dwelling unit is connected to an approved on-site waste disposal system.
11. The conditions require that the property owner shall submit a financial guarantee to the
Zoning Administrator to ensure that the structure will be removed upon termination of
the interim use permit. The amount of the guarantee shall be determined by the Zoning
Administrator.
12. The interim use permit shall expire when construction is completed or within one year
from the date of issuance, whichever is less. At the termination of the interim use permit,
the temporary dwelling shall be removed from the premises within 30 days.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The use shall be consistent with the application dated June 3, 2016.
2. One temporary dwelling unit (the existing home) shall be permitted on the property
during the construction of a new home.
3. The temporary dwelling unit shall be occupied only by persons who are the present or
potential occupants of the new single-family residence being constructed on the property.
4. The applicant shall obtain a building permit for the construction of the new home.
5. The temporary dwelling unit shall use the existing road access drive.
6. The temporary dwelling unit shall be connected to an approved on-site waste disposal
system while it is occupied.
Resolution No.: 07-19-16-__
Page 3 of 3
7. The applicants shall submit a financial guarantee to the City to ensure that the structure
will be removed upon termination of the interim use permit. The City Administrator
shall determine the amount of the guarantee.
8. The interim use permit shall expire when construction is completed and the City has
issued an occupancy permit for the new home, or within one year from the date of
issuance, whichever is less. The applicants shall remove the existing home from the
property within 30 days of the expiration of the interim use permit.
9. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 19th day of July, 2016.
______________________________
Randall Simonson, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk