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07.a1 Laurel Ridge Letter and EnclosuresLarkin Hoffinan September 12,2023 Mayor Christine Maefsky and Scandia City Council City of Scandia 14727 209th Street North Scandia,Minnesota 55073 Larkin Hoffman 8300 Norman Center Drive Suite 1000 Minneapolis,Minnesota 55437-1060 GENERAL:952-835-3800 FAX:952-896-3333 wEB:www.larkinhoffman.com BY EMAIL AND U.S.MAIL c.maefsky@ci.scandia.mn.us Re:Laurel Ridge Development (the "Project")-13952 205th Street North, Scandia,MN 55073 (the "Property") Dear Mayor Maefsky, We represent Mitch Johnson and Continuum Development Group LLC ("Continuum") (collectively the "Applicants")regarding the proposed Laurel Ridge Development ("Project")at 13952 205"Street North,in the City of Scandia's (the "City").At the August 15,2023 City Council meeting,the City Council agreed to continue its proposal to extend the City's current moratorium ("Moratorium")on development in the VN District to the Property in order to allow the Applicants an opportunity to meet with staff and discuss the Project.On August 31,2023, my clients had a productive discussion with staff and have provided an additional revised concept for the Project enclosed.We welcome further discussion and feedback from the City Council on the revised lower-density proposal. Revised Concept After further discussions with City staff,the Applicants have submitted the revised enclosed concept for an 8-lot subdivision that reduce the density to an average lot size of approximately 4.5 acres per lot.The revised Project reflects a mix of lot sizes consistent with other developments in the vicinity,particularly with respect to the properties abutting the northeast of the and southwest of the Property,which typically range from 2-5 acres in size.We have included an exhibit that provides the revised concept in the context of the surrounding densities. Street Improvements In discussions with City staff,the issue of potential street widening and trail improvements was identified.Under the City's Uniform Development Code (UDC),any new street as part of a subdivision must be constructed to meet City street and trail specifications.The Applicants are committed to dedicating the full 100'feet ofright-of way;however,because the Project will not include the construction of any new streets,the Applicants are seeking confirmation that full improvements of the right-of-way will not be required.Given that neither road sections to the east or west are improved to the current specifications,it would be illogical to require a short Mayor Christine Maefsky and Scandia City Council September 12,2023 Page2 section of fully improved right-of-way until the entire section in either direction is updated.If the City is willing to forgo this requirement,the Applicants would agree in a development agreement to waive any future special assessments for improvement of the road-section.This would allow the cost of any future road improvements to be borne by the resulting lots. Alternatively,if a variance is required to alleviate this requirement,we have outlined the request below. Variance Findings (If Required) As described above,we believe that the Applicants can meet the requirements of the City's right- of-way and trail standards through the development agreement.If,however,a variance is required,the Project can meet the requirements for the issuance of a variance under UDC Sec. 153.500.060,as follows: I.The terms ofthe variance are consistent with the comprehensiveplan. Ifrequired,the variance would allow the existing stretch of 205th Street North to remain as it currently constructed.The proposed lots would abut the roadway but the right-of-way would be broadened to 100 feet in width.The alternative is that the roadway would be broadened with curb and gutter but only for the section of 205"abutting the Property.The road at either end would remain consistent with the current section,which would be illogical. This is consistent with the City's Comprehensive Plan ("Comp Plan")which seeks to have a fully integrated efficient street system,with "context-sensitive roadway designs"that will protect the narrow and heavily wooded character of the City.Comp Plan P.71.By allowing the existing road section to be maintained until a future date,the City can determine when future improvement and widening is required. 2.The variance is in harmony with the generalpurpose and intent ofthe UDC. The variance would be in harmony with the general purpose and intent of the UDC,which is to ensure that "any subdivision is consistent with the character and development"of the City and the underlying zoning.UDC 153.400.020.The Project would support this purpose and intent by allowing the road to be improved if and when it is appropriate to do so,based on the context of the surrounding development and road system. 3.The Strict enforcement ofthe UDC would result in practical difficulties,which means: a.The applicantproposes to use the property in a reasonable manner not permitted by this Chapter. The Applicants proposed to use the Property in a reasonable manner that is consistent with the surrounding development and road system.The variance would allow the Applicants to not widen the roadway at the time of construction,but rather when the City determines a full road- system upgrade is appropriate. Mayor Christine Maefsky and Scandia City Council September 12,2023 Page 3 b.The plight ofthe landowner is due to circumstances unique to the property not created by the landowner. The section of 205"is an existing roadway that has been in its current location for several decades.The road sections to the east and west are not improved and it would be illogical to require the Applicants to fully improve and widen the road section now,as opposed to when the full road system is updated.These are circumstances that are unique to the Property and not created by the landowner. c.The variance,ifgranted,will not alter the essential character ofthe locality. The variance would not alter the essential character of the locality.To the contrary,it would allow the existing road section to remain without requiring the remove of several trees and regrading to widen the road. d.Economic conditions alone shall not constitute practical difficulties. The circumstances necessitating the variance are not economic conditions alone.It would be illogical for the Applicants to be required to widen and fully improve the roadway just where it abuts the Property when the sections to the east and west are improved only to its current alignment. e.May include,but is not limited to,inadequate access to direct sunlightfor solar energy systems. Not applicable. f The proposed variance will not impair an adequate supply oflight and air to adjacent property,or substantially increase the congestion ofthe public streets, or increase the danger offire,or endanger the public safety,or substantially diminish or impair property values within the neighborhood. The proposed variance would add only a nominal amount of traffic to the public streets and not increase congestion or endanger the public safety.The variance will simply allow the existing road section to remain in its current alignment.If circumstances necessitate broadening the roadway or improving it,such costs can be assessed against the resulting properties. g.The requested variance is the minimum action required to eliminate the practical difficulty. The requested variance would allow the existing roadway to remain in its current alignment, location,and width.It is the minimum action required to eliminate the practical difficulty. Mayor Christine Maefsky and Scandia City Council September 12,2023 Page4 We strongly believe that the request would meet the requirements of the requirements for the issuance of a variance under the UDC.However,if the City determines that the variance is not required,we intend to withdraw the request. Please contact me for further discussion. Sincerely, Jacob W.Steen,for Larkin Hoffman Direct Dial:952-896-3239 Direct Fax:952-842-1738 Email:jsteen@larkinhoffman.com Enclosure cc:Mitch Johnson Dwayne Sikich Eric Larson,Esq.,City Attorney Kyle Morell,City Administrator TJ Hofer,City Planner 4866-0097-9581,v.2 d 2of1.6@fL.6fL, 22f1. 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