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6.a Mann IUP - PC Packet1 | P a g e Date of Meeting: December 5, 2023 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Interim Use Permit for Multiple Uses and Principal Structures for 18180 Olinda Trail North Applicant: Charles Mann Zoning: Rural Residential General (RR-G), Shoreland Management Overlay (SM-O) Owner: Charles & Sherri Mann Future Land Use: General Rural Location: PID: 34.032.20.34.0009 Review Deadline February 7, 2024 The applicant is requesting an Interim Use Permit (IUP) to allow for multiple uses and multiple principal structures on the site. The site has historically been used for single-family dwelling, an allowed use, and outdoor commercial recreation, a conditional use, known as Flying Colors Trapeze. The application was heard at the November 7, 2023, meeting of the Planning Commission. This staff report has been updated to reflect the discussion topics at the November meeting. BACKGROUND The property is approximately 8.69 acres along Olinda Trail N and has an existing single-family home. The site has also historically been used for outdoor commercial recreation in the form of a summer camp that features circus activities such as trapeze and equestrian acts (circus camp). The applicant originally acquired the trapeze for personal use and for personal acquaintances. For several years, however, the site has functioned as a summer camp without the required 2 | P a g e approvals making it a nonconforming use. The City has not received any complaints regarding the nonconformity, however, staff became aware that the applicant was intending to erect a 2,500 sq. ft. tent. Staff then reached out to establish the activities on the site and bring the site and use into compliance. PROPOSAL The applicant is proposing the site contain the existing single-family dwelling, multiple accessory structures, a trapeze, an arched circus tent, and a horse shelter. The City has records of the three most western accessory structures but does not have records of the two accessory structures to the east side of the lot. Permitted structures: No records of structures: The circus camp is active between June and August. Activities are generally held outside as weather permits. The trapeze and circus tent are temporary structures that are disassembled and stored during the off-season. The horse shelter is used only to serve the circus camp. The trapeze is 33 ft. high, and the circus tent is 25 ft. high. Activities for the circus camp generally take place between the hours of 9:00 a.m. and 3:00 p.m. between Monday and Friday. Typically, the camp has between five and nine coaches and performers and between 25 to 35 participants. The applicant has stated that there are never more than 40 participants. The applicant stated at the November meeting that circus camp staff regularly stays on-site during the operating months of the circus camp use. Circus camp staff is housed in Recreation Camping Vehicles (RCV). They do not use the sanitary facilities of the RCVs but do use facilities elsewhere on the site including in the single-family dwelling. The circus tent, trapeze, and horse shelter are temporary structures that only serve the circus camp use. Staff does not count these as part of the total accessory structures on the site as they are erected and moved seasonally with the use. The circus tent, however, is placed on a new impervious surface on the site. The Carnelian-Marine-St. Croix Watershed District has indicated 3 | P a g e that a watershed permit will be required for the use because of the increase in impervious surface. The Unified Development Code (UDC) allows for Planned Unit Developments (PUD) to “allow two or more principal uses on a single parcel of land,” however, the applicant does not wish to rezone the property to PUD as they anticipate relocating the circus camp in coming years. Staff have confirmed with the City Attorney that an interim use permit is an appropriate way to allow for multiple uses on the site for a limited time. Parking is required to be provided for all uses. The applicant is currently using an area of the field on the southeast side of the site as parking that accommodates approximately 45 vehicles. The applicant has indicated that parking needs vary greatly by the type of camp or classes that are ongoing. Many of the customers for the circus camp are minors who are dropped off by guardians and do not generate a need for parking. At the November meeting, multiple Commissioners noted that parking has been observed offsite along Olinda Trail. The applicant has submitted an updated site plan that shows a larger parking area. EVALUATION OF REQUEST Outdoor commercial recreation is a conditional use in the RR-G district. This requirement can also be met using an IUP as the two permits are similar with the IUP having additional restrictions. Interim Use Permit Chapter 153.500.060 Subd. 1(C)(I) of the UDC lists the general standards to meet to grant a CUP or IUP. Below these standards are repeated in italics, with the staff’s findings following: 1. The proposed use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. The proposed uses will be in compliance with the Comprehensive Plan. The Comprehensive Plan guides the parcel for General Rural. The General Rural land use is primarily used for residential areas of mixed lot sizes and states that “recreational commercial uses are allowed as a conditional use.” The use has been operating as a nonconforming use for approximately seven years with the City not receiving any complaints. The use does not have a negative effect upon the Comprehensive Plan. The use will be required to comply with the nuisance section of the City Code. 2. The establishment, maintenance or operation of the proposed use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The establishment, maintenance, or operation of the proposed uses will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. The proposed use should have no impact on public 4 | P a g e welfare. The applicant has provided proof of insurance for past operating years. Staff have included a condition that the circus camp use must have insurance for the use and must submit proof of insurance at the request of the City. 3. The proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. The proposed uses will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. 4. The establishment of the proposed use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed uses will not impede the development or improvement of surrounding properties. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. Adequate public facilities and services are available for the proposed uses. The proposed use will not require additional facilities or services. Washington County has noted that a Commercial Driveway Access Permit from Washington County Public Works will be required as the site is accessed off of CSAH 3. The County has also noted that the City should work to ensure that adequate parking and driveway/ drive aisle area is available to avoid stacking on CSAH 3. Staff have included conditions to address the requirements and conditions identified by the County. 6. The proposed use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. The proposed uses are consistent with the applicable regulations of the RR-G District and are consistent with the requirements of the UDC. The “Recreation, Outdoor Commercial” use requires a conditional use permit in the RR-G district. Those standards can be met by an IUP. No use specific regulations are established in the UDC for Outdoor Commercial Recreation. Parking is proposed to be provided by a vegetated area on the southwest of the site. Due to the seasonal nature, an improved surface is not necessary. The area must remain vegetated to ensure dust does not become a nuisance. Any future changes to the circus camp will be required to conform with the applicable regulations of the district and the Interim Use Permit must be amended to allow for the change. Reasonable conditions of approval can be added if the Planning Commission finds issues with the proposed use. 5 | P a g e 7. The proposed use complies with the general and specific performance standards as specified by this Section and this Chapter. The Interim Use Permit meets the general and specific performance standards of the UDC. In addition, Chapter 153.500.060 Subd. 1(C)(II) notes the following standards specific to IUPs must be met: 1. The use is allowed as an interim use in the respective Base Zoning District or any applicable Overlay District. Outdoor Commercial Recreation is allowed through a Conditional Use Permit, which can be also approved under an Interim Use Permit. 2. The date or event that will terminate the use can be identified with certainty. As an interim use, the City can set an end date or ‘sunset’ of the interim use. Staff recommends the interim use be set to terminate after four years at which point the applicant would reapply if they wished to continue the use and another site is not found. 3. The use will not impose additional unreasonable costs on the public. The proposed use would not require an extension of city-owned infrastructure or facilities (such as roads, city sewer, etc.). Washington County requires a Commercial Driveway Access Permit for the site. 4. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Conditions of approval must be agreed upon by the applicant. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Washington County The County noted that a Commercial Driveway Access Permit from Washington County Public Works would be required with the additional use. The County recommends that the City, as a condition of approval, work with the applicant to ensure there is sufficient space and that operations are managed to ensure that traffic does not queue onto CSAH 3. City staff reached out to Washington County to determine any septic concerns on the site. Washington County confirmed that the septic facility on the property was the minimum size 6 | P a g e required for the four-bedroom house. If the applicant wishes to allow for the circus camp use to use sanitary facilities located within the single-family dwelling, the County has recommended the applicant utilize a septic designer to determine septic capacity. As part of permitting the “restroom” accessory structure, the septic connection will have to be reviewed and approved. Staff have incorporated these comments into the conditions of approval. Carnelian-Marine-St. Croix Watershed District The Watershed has noted that the increase of impervious materials as a base for the circus tent triggers the requirement for the review. Staff have included a condition to address the comment. Engineering Department The City Engineer noted that a grading permit would be required for any site disturbances if required or if the Watershed required any stormwater management. Washington Conservation District At the time of writing this staff report, the Washington Conservation District had not provided any comments. Department of Natural Resources At the time of writing this staff report, the Department of Natural Resources district had not provided any comments. Fire Department The Fire Chief had no comment. Public Works Department The Public Works Director had no comment. Staff Analysis Staff finds that the proposed plan is generally consistent with the Comprehensive Plan and UDC. Staff believes that the proposal for an IUP to allow for a single-family dwelling and outdoor commercial recreation is generally in compliance with the requirements outlined within the UDC. The use is consistent with the future land use shown in the 2040 Comprehensive Plan and the proposed use meets the definition of the RR-G zoning district. Parking is proposed on a vegetated field. Staff believes this is adequate to accommodate the proposed use. The UDC requires that parking surfaces be made of “durable and dustless surface.” Based on the seasonal nature of the use, staff believes that so long as the area remains 7 | P a g e vegetated and a nuisance is not created by the parking area, the area should remain as is rather than constructing a hard impervious surface for the limited parking needed. Staff have reviewed the plan for consistency with the standards outlined for Interim Use Permits and believe the request meets or exceeds UDC criteria. Staff have included conditions to address issues identified in the staff report. At the November meeting, additional issues were identified including staff housing, septic concerns, and impervious surface concerns. The applicant has housed staff in Recreation Camping Vehicles (RCV) on the site but has indicated that the self-contained sanitary facilities are not used by staff. RCVs are allowed as a human dwelling for a total of 30 days per year for visiting the resident of the property the RCV is located. Flexibility from this standard can be granted through the IUP. Staff have included a condition that sanitary facilities be provided. Staff have also included a condition that the facilities within the single-family dwelling cannot be used for the circus camp use until approved by Washington County. The site currently has more accessory structures than is permitted by the UDC. Staff have included a condition that the applicant be granted a CUP and appropriately permitted by June 1, 2024, or that the nonconforming structures be removed. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached ordinance and resolutions. 2. Recommend denial, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. Staff recommends that the Planning Commission recommend approval of the request for Interim Use Permit for multiple uses and principal structures. Approval includes a resolution. The following conditions of approval are recommended: 1. The site will be in substantial compliance with the site plan submitted on November 28, 2023, and reviewed with this resolution. 2. The site shall be used as a single-family dwelling, uses that are accessory to the single-family dwelling, and outdoor commercial recreation in the form of a circus camp. 3. The circus camp use is seasonal and shall be limited to the following: a. Staff shall be limited to nine (9) people. b. The number of participants in the outdoor commercial recreation shall be limited to forty (40). 8 | P a g e c. Operating hours shall be limited to 8:30 am to 4:00 pm. d. The camp may only operate from June 1st through August 31st of any given year. e. Parking shall be provided to accommodate sixty (60) vehicles. f. Sanitary facilities will be provided for all staff and participants of the circus camp use. g. Accessory structures and uses associated with the circus camp shall be removed from the site when the IUP expires and shall be limited to the following: i. Trapeze ii. Circus tent iii. Horse shelter iv. Staff housing shall be allowed as an accessory use to the circus camp. 1. Housing may only be provided through the use of Recreational Camping Vehicles (RCV) or within the single-family dwelling. 2. A maximum of three (3) RCV are allowed to be used for staff housing within any given year. 3. RCV must be placed on the site to maximize screening of the RCV from public right-of-way and adjacent residential uses. 4. Self-contained sanitary facilities shall not be emptied on site. Any dumping of self-contained sanitary facilities in an unauthorized location or place shall cause the Interim Use Permit to be revoked. 5. Any single RCV may be used as a human dwelling for up to 90 days. The 90 days are exclusive to a single instance of an RCV and are not cumulative. h. Parking shall be provided consistent with the site plan submitted on November 28, 2023, and reviewed with this application. i. Parking shall be provided by a designated vegetated area that does not produce dust. ii. If dust is deemed to be a nuisance by the City, the area must be improved to a durable and dustless surface as detailed in the Unified Development Code or the IUP shall be revoked. Continuing use of the site beyond the 9 | P a g e term of this IUP for outdoor recreation will require improvements to the parking area. 4. The owner of the property must reside on-site. 5. The applicant shall obtain all necessary permits and approvals regarding accessory structures on the site. a. Any illegal nonconforming structure on the site shall not be humanly occupied and shall be removed if not permitted by June 1, 2024. b. The applicant shall obtain a Conditional Use Permit to allow for an additional accessory structure and total accessory structure size up to 25% more than permitted by right by June 1, 2024, or the nonconforming structures shall be removed. 6. Use of the sanitary facilities located within the single-family dwelling for the purposes of the circus camp shall be prohibited until approval is granted by Washington County SSTS. 7. Queueing for parking on the site shall not cause stacking on CSAH 3/Olinda Trail North. If stacking is observed to create a nuisance, the Interim Use Permit may be revoked. 8. The applicant shall obtain a Commercial Driveway Access Permit from Washington County Public Works. 9. If operations to bring in equipment, materials, or livestock causes damage to any roadway, the applicant shall be responsible for repairing the roadway to the same or better conditions. 10. The applicant shall comply with all applicable local, state, and federal permits and requirements for the new development on the parcel. 11. The applicant shall obtain all necessary approvals and permits from the Carnelian-Marine-St. Croix Watershed District. 12. The City may revoke the Interim Use Permit for the site if all permits and required work to comply with approvals from other local, state, and federal permits is not completed. 13. The IUP shall terminate four years from the date of approval, in the event the property is sold, the use is discontinued for more than one year, or conditions of the permit are violated, whichever occurs first. 14. The applicant shall pay all fees and escrow costs related to the application. 10 | P a g e RECOMMENDATION Staff recommends the Planning Commission: Motion to recommend approval of the attached resolution to approve an Interim Use Permit to allow for multiple uses and structures for a single-family dwelling and outdoor commercial recreation circus camp, with conditions as described by staff within the staff report. Attachments 1. Draft Resolution 12-19-23-XX Interim Use Permit 2. Location and Zoning Map 3. 2040 Future Land Use Map 4. Application 5. Site Plan 6. Carnelian-Marine-St. Croix Watershed Comments, dated October 16, 2023 7. City Engineer Comments, dated October 19, 2023 8. Washington County Comments, dated October 20, 2023 9. Carnelian-Marine-St. Croix Watershed Comments, dated November 15, 2023 10. Washington County Comments, dated November 21, 2023 11. Emails between Applicant and T.J. Hofer, Planner, dated November 27, 2023, through November 30, 2023 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 12-19-23-XX APPROVING INTERIM USE PERMIT FOR 34.032.20.34.0009 LOCATED AT 18180 OLINDA TRAIL NORTH TO ALLOW MULTIPLE USES WHEREAS, Charles Mann (the “applicant” and “owner”) made an application for an Interim Use Permit (IUP) to allow for multiple uses and structures for a single-family dwelling and outdoor commercial recreation circus camp, located at 18180 Olinda Trail North and the property legally described as follows: Lot 1, Block 1, THE BLUFFS OF EAST BAY ; and, WHEREAS, the Planning Commission reviewed the request for the IUP at a duly noticed Public Hearing on November 7, 2023, and tabled the item for further discussion; and, WHEREAS, the Planning Commission reviewed the request for the IUP on December 5, 2023, and recommended that the City Council approve the IUP, with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of an Interim Use Permit to allow for multiple uses and structures for a single-family dwelling and outdoor commercial recreation circus camp, located at 18180 Olinda Trail North, based on the following findings: 1. The proposed uses will be in compliance with the Comprehensive Plan. The Comprehensive Plan guides the parcel for General Rural. The General Rural land use is primarily used for residential areas of mixed lot sizes and states that “recreational commercial uses are allowed as a conditional use.” The use has been operating as a nonconforming use for approximately seven years with the City not receiving any complaints. The use does not have a negative effect upon the Comprehensive Plan. The use will be required to comply with the nuisance section of the City Code. 2. The establishment, maintenance, or operation of the proposed uses will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. The proposed use should have no impact on public welfare. The applicant has provided proof of insurance for past operating years. Staff have included a condition that the circus camp use must have insurance for the use and must submit proof of insurance at the request of the City. 3. The proposed uses will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. 4. The proposed uses will not impede the development or improvement of surrounding properties. 5. Adequate public facilities and services are available for the proposed uses. The proposed use will not require additional facilities or services. Washington County has noted that a Commercial Driveway Access Permit from Washington County Public Works will be required as the site is accessed off of CSAH 3. The County has also noted that the City should work to ensure that adequate parking and driveway/ drive aisle area is available to avoid stacking on CSAH 3. Staff have included conditions to address the requirements and conditions identified by the County. 6. The proposed use are consistent with the applicable regulations of the RR-G District and is consistent with the requirements of the Unified Development Code (UDC). No use specific regulations are established in the UDC for “Recreation, Outdoor Commercial.” Parking is proposed to be provided by a vegetated area on the southwest of the site. Due to the seasonal nature, an improved surface is not necessary. The area must remain vegetated to ensure dust does not become a nuisance. Any future changes to the circus camp will be required to conform with the applicable regulations of the district and the Interim Use Permit must be amended to allow for the change. 7. The Interim Use Permit meets the general and specific performance standards of the UDC. 8. Outdoor Commercial Recreation is allowed through a Conditional Use Permit, which can be also approved under an Interim Use Permit. 9. As an interim use, the City can set an end date or ‘sunset’ of the interim use. Staff recommends the interim use be set to terminate after four years at which point the applicant would reapply if they wished to continue the use and another site is not found. 10. The proposed use would not require an extension of city-owned infrastructure or facilities (such as roads, city sewer, etc.). Washington County requires a Commercial Driveway Access Permit for the site. 11. Conditions of approval must be agreed upon by the applicant. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The site will be in substantial compliance with the site plan submitted on November 28, 2023, and reviewed with this resolution. 2. The site shall be used as a single-family dwelling, uses that are accessory to the single- family dwelling, and outdoor commercial recreation in the form of a circus camp. 3. The circus camp use is seasonal and shall be limited to the following: a. Staff shall be limited to nine (9) people. b. The number of participants in the outdoor commercial recreation shall be limited to forty (40). c. Operating hours shall be limited to 8:30 am to 4:00 pm. d. The camp may only operate from June 1st through August 31st of any given year. e. Parking shall be provided to accommodate sixty (60) vehicles. f. Sanitary facilities will be provided for all staff and participants of the circus camp use. g. Accessory structures and uses associated with the circus camp shall be removed from the site when the IUP expires and shall be limited to the following: i. Trapeze ii. Circus tent iii. Horse shelter iv. Staff housing shall be allowed as an accessory use to the circus camp. 1. Housing may only be provided through the use of Recreational Camping Vehicles (RCV) or within the single-family dwelling. 2. A maximum of three (3) RCV are allowed to be used for staff housing within any given year. 3. RCV must be placed on the site to maximize screening of the RCV from public right-of-way and adjacent residential uses. 4. Self-contained sanitary facilities shall not be emptied on site. Any dumping of self-contained sanitary facilities in an unauthorized location or place shall cause the Interim Use Permit to be revoked. 5. Any single RCV may be used as a human dwelling for up to 90 days. The 90 days are exclusive to a single instance of an RCV and are not cumulative. h. Parking shall be provided consistent with the site plan submitted on November 28, 2023, and reviewed with this application. i. Parking shall be provided by a designated vegetated area that does not produce dust. ii. If dust is deemed to be a nuisance by the City, the area must be improved to a durable and dustless surface as detailed in the Unified Development Code or the IUP shall be revoked. Continuing use of the site beyond the term of this IUP for outdoor recreation will require improvements to the parking area. 4. The owner of the property must reside on-site. 5. The applicant shall obtain all necessary permits and approvals regarding accessory structures on the site. a. Any illegal nonconforming structure on the site shall not be humanly occupied and shall be removed if not permitted by June 1, 2024. b. The applicant shall obtain a Conditional Use Permit to allow for an additional accessory structure and total accessory structure size up to 25% more than permitted by right by June 1, 2024, or the nonconforming structures shall be removed. 6. Use of the sanitary facilities located within the single-family dwelling for the purposes of the circus camp shall be prohibited until approval is granted by Washington County SSTS. 7. Queueing for parking on the site shall not cause stacking on CSAH 3/Olinda Trail North. If stacking is observed to create a nuisance, the Interim Use Permit may be revoked. 8. The applicant shall obtain a Commercial Driveway Access Permit from Washington County Public Works. 9. If operations to bring in equipment, materials, or livestock causes damage to any roadway, the applicant shall be responsible for repairing the roadway to the same or better conditions. 10. The applicant shall comply with all applicable local, state, and federal permits and requirements for the new development on the parcel. 11. The applicant shall obtain all necessary approvals and permits from the Carnelian- Marine-St. Croix Watershed District. 12. The City may revoke the Interim Use Permit for the site if all permits and required work to comply with approvals from other local, state, and federal permits is not completed. 13. The IUP shall terminate four years from the date of approval, in the event the property is sold, the use is discontinued for more than one year, or conditions of the permit are violated, whichever occurs first. 14. The applicant shall pay all fees and escrow costs related to the application. . Whereupon, said Resolution is hereby declared adopted on this 19 day of December 2023. Christine Maefsky, Mayor Charles Mann, Applicant/Owner Sherri Mann, Owner ATTEST: Kyle Morell, City Administrator 75 2.3 © Bolton & Menk, Inc - Web GIS 0 Legend Location & Zoning Map This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 11/1/2023 8:50 PM 527 Feet City Limits Parcels (7/1/2023) Lot Lines Parks Shoreland Overlay PUD Overlay Lakes Mining Overlay Saint Croix River District Zoning Agricultural Core Agricultural Preserves Rural Residential General Village Neighborhood Rural Commercial Rural Residential Neighborhood Village Historic Core Village Center Industrial Park Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 m i n n e s o t a RL Ate' m 1IqmIp E: y n _ 95 4 kz/1 Mfg i i / Z"] / iii - 1 _ File No._____________ APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web https://www.cityofscandia.com/ Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission requirements may be found in the Scandia Development Code, available at the City office and website www.ccityofscandia.com) and in the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable. 1. Property Location: (street address, if applicable) 2. Washington County Parcel ID: 3. Complete Legal Description: (attach if necessary) 4. Owner(s): Phone: (h) (b) Street Address: E-Mail: City/ State: Zip: 5. Applicant/Contact Person: Phone: (h) (b) Street Address (Mailing): E-Mail City/ State: Zip: 6. Requested Action(s): (check all that apply) ____ Variance ____ Variance Extension ____ Conditional Use Permit (CUP) ____ CUP Extension ____ CUP/ Open Space Subdivision. ____ CUP/ Planned Unit Development ____ Interim Use Permit (IUP) ____ Annual Operators Permit ____ Administrative Permit (type)____________________ ____ Site Plan Review (type)____________________ ____ Site Plan Modification ____ Site Plan Extension ____ Sign (Permanent) ____ Amendment (Development Code ) ____ Amendment (Comp. Plan ) ____ Subdivision, Minor ____ Subdivision, Preliminary Plat/Major ____ Subdivision, Final Plat ____ Environmental Review ____ Wetland Review 7. Brief Description of Request: (attach separate sheet if necessary; include Variance Rationale if necessary) _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 8. Project Name: I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that no application shall be considered complete unless accompanied by fees as required by city ordinance. Applications for projects requiring more than one type of review shall include the cumulative total of all application fees specified for each type of review. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include, but are not limited to: parcel searches; publication and mailing of notices; review by the city’s engineering, planning and other consultants; legal costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. The minimum escrow deposit shall be cumulative total of all minimum escrow deposits for each type of review required for the project, unless reduced as provided for by ordinance. The city may increase the amount of the required escrow deposit at any time if the city’s costs are reasonably expected to exceed the minimum amount. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: Applicant Signature(s) Date: For City Use Only Application Fees: _______________________ Escrow Deposit: _______________________ City of Scandia, Minnesota 7. Brief Description of Request Flying Colors Trapeze (https://ﬂyingcolorstrapeze.com) has been offering summer circus camps for children between the ages of 8 and 17 for the last eight (8) years on our family property. Our family Circus Trapeze has been on the property for the last 17 years and is an iconic sight seeing phenomena for anyone traveling through the Scandi/Marine On Saint Croix area. What started as a small social club that operated only on weekends for a close knit group of 10 to 15 amateur trapeze enthusiasts has grown to a “give something back” business. Although we did not designate it as a 501 C3 not for proﬁt business, Flying Colors Trapeze Circus Summer Camps have not made any proﬁt during its entire existence. It truly is a labor of love. Nearly all of the revenue is paid to the circus performers that also act a coaches to the participating children. The remainder of the revenue is used for insurance, to maintain & improve the equipment; all to enhance the camp experience for the children. Sherri Mann started the ‘business’ after her two daughters graduated high school and moved on a through college. Her intention was, and still is, to bring an empowering experience to young children through a unique non competitive athletic experience. The camps are now so popular that we, unfortunately have had to turn away some that desire to join the circus camps. The camp operates only through the summer, the second week in June to the middle of August. On rainy days it has been a struggle to keep the week’s group of 35 to 40 young children busy with circus activities. The trapeze is not usable during rainy days. Other circus activities are also difficult to participate in during rainy days. A protected higher ceiling structure that supports circus apparatuses has become a necessity. The IUP request is for the adding of a temporary arched circus tent to allow both an area for circus activities to continue through rainy days but also as an escape from the hot sun on the sunniest of days that reach extreme temperatures. It is also can be used as a shaded picnic area for the children to eat their bag lunches and store their day bags. Sherri is not sure how many more years she will operate the circus summer camp as we are both nearing retirement age. Ideally we would like to ﬁnd an alternative piece of land if a transition of ownership is to happen and the camps are to continue for much more than 3 years. That is the reason for an IUP as opposed to a CUP as well as the arched circus tent being bought as temporary, movable structure as opposed to a permanent structure. It will easily move easily to a new location, if one is found or eventually needed. We respectfully request an IUP and any variances that the City of Scandia feels are needed to continue Flying Colors Trapeze Summer Camps. Existing Natural Rain Gardens Land is graded to drain rain water to this area E = Existing Structure E E E E E Circus Trapeze area Circus Horse Ring Seasonal Field Parking 100’ x 300’ Approximately 45 cars Open Front Horse Rain Shelter 18’ x 25’ Land naturally slopped to ﬂow to this natural rain garden space Arched Circus Tent 50’W x 50’L Site Plan Mann IUP: Flying Colors Children’s Summer Circus Camps @ 18180 Olinda Trail North Rain Garden Existing Orchard Added Field Parking 2024 additional 100’ x 50’ 1 TJ Hofer From:Tom Langer <tom.langer@cmscwd.org> Sent:Monday, October 16, 2023 9:53 AM To:TJ Hofer Subject:RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) Follow Up Flag:Follow up Flag Status:Flagged Hi TJ, Assuming no improvements are proposed to the “seasonal field parking area”, I’d say no CMSCWD rules appear to be triggered for the 50x50-ft tent. Thanks, Tom Langer Riparian Permit Specialist | Carnelian Marine St. Croix Watershed District 11660 Myeron Rd North | Stillwater, MN 55082 Phone:  (651) 275-7452 | Cell: 507-276-8056  www.cmscwd.org 1 TJ Hofer From:Ryan Goodman Sent:Thursday, October 19, 2023 2:57 PM To:TJ Hofer Subject:City Engineer - Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) Follow Up Flag:Follow up Flag Status:Flagged TJ, Again no comments on this one unless site disturbance occurs and watershed district rules require any grading for stormwater bmps. Thanks, Ryan J Goodman P.E. Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 Suite E130 Oakdale, MN 55128 Mobile: 612-597-7140 Bolton-Menk.com A great place to live, work and play…today and tomorrow North Shop | 11660 Myeron Road North | Stillwater, MN 55082-9537 P: 651-430-4300 | F: 651-430-4350 | TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer PUBLIC WORKS Wayne Sandberg, P.E., Director, County Engineer Frank D. Ticknor, P.E., Deputy Director October 20, 2023 T.J. Hofer Planner City of Scandia 14727 209th St N Scandia, MN 55073 Comments on Flying Colors Trapeze – Interim Use Permit Dear Mr. Hofer, Thank you for the opportunity to review and comment on the Interim Use Permit (IUP) for the Flying Colors Trapeze site located along CSAH 3. Our development review team has reviewed the application and offers the following comments. The proposed interim use is a change in use of the existing driveway access and will require a Commercial Driveway Access Permit from Washington County Public Works, available at https://www.co.washington.mn.us/486/Permits. The County’s main concern would be the potential for queuing cars onto CSAH 3, particularly with the limited space between the driveway and the proposed parking location. The County recommends that the City, as a condition of approval, work with the applicant to ensu re there is sufficient space and that operations are managed to ensure that traffic does not queue onto CSAH 3. Thank you again for the opportunity to comment on the IUP application for the Flying Colors Trapeze. We look forward to continuing to work with the City of Scandia to ensure that development in this area is successful and well-served by the transportation network. If you have any questions, please get in touch with me at 651-430-4307 or daniel.elder@co.washington.mn.us Sincerely, Daniel Elder Planner II Cc (email only): Wayne Sandberg, Public Works Director/County Engineer Frank Ticknor, Deputy Director Public Works Lyssa Leitner, Public Works Planning Director Joe Gustafson, Traffic Engineer Kevin Peterson, Design Engineer 1 TJ Hofer From:Joe Sanders <Joe.Sanders@co.washington.mn.us> Sent:Wednesday, November 15, 2023 11:36 AM To:TJ Hofer; Sarah Borrell Subject:RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) TJ, The system wasn’t oversized based on the number of bedrooms in the house floor plans provided. They should talk to a licensed designer who can determine what the sewage use is on the property now vs what the existing system can treat. I would also add that we have no records of an outhouse near the lake. Any septic system in use on the property should be compliant, especially if it is being proposed as an alternative to the house’s septic system. Thank you, Joe Sanders | Sr. Environmental Specialist Washington County Department of Public Health & Environment 14949 62nd St N, Room 4600 | Stillwater MN 55082 651-430-6679 From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Wednesday, November 15, 2023 11:04 AM To: Joe Sanders <Joe.Sanders@co.washington.mn.us>; Sarah Borrell <Sarah.Borrell@co.washington.mn.us> Subject: RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) ***External message alert: This message originated from outside the Washington County email system. Use caution when clicking hyperlinks, downloading pictures or opening attachments.*** Joe, The applicant reached out after we tabled the item with the following information: 3. Septic System Concerns: As stated at the 11/7 meeting we have an oversized Septic System. On our new home build in 2014 we added a modern system with an overfill alarm system. If we had overuse issues a loud siren and flashing red light would go off immediately and continue until the issue was addressed. This has never happened. We paid $80K for the system and are strongly motivated by a personal desire not to ruin it or create a large repair bill. The alarm has never triggered and if it did we would address the issue immediately - we would move to porta-potties. Yes, there is additional demand on the system for the 11 weeks of camp, however this is more than off set by the lack of use the other 41 weeks of the year. Now that our children are grown and moved away and my wife and i usually leave for 2 to 3 months in the winter the system is either used just by the two of us or the individual house sitter we have living in the house, feeding our cats while we are gone. There is an outhouse down at the lake for the swimming sessions. Any septic concerns are unfounded. Based on what you said, the system was not oversized, correct? Thanks, 2 T.J. Hofer Planner II Bolton & Menk, Inc. Phone: 612-271-6984 Bolton-Menk.com From: Joe Sanders <Joe.Sanders@co.washington.mn.us> Sent: Wednesday, November 15, 2023 10:25 AM To: TJ Hofer <tj.hofer@bolton-menk.com>; Sarah Borrell <Sarah.Borrell@co.washington.mn.us> Subject: RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) Hi TJ, Sorry for the delay, I wanted to check in with other members of our department. Good questions. I’ve attached the site plan from the 2016 septic permit application we received. It shows that the septic system was originally meant for a house. It was sized for a flow 600 gallons per day which is the minimum requirement for a 4 bedroom home. The map also shows that the secondary location for a future septic was across the driveway to the north of the primary location. This area may have been impacted already by the trapeze and other work done. The property owner would need to speak to a licensed septic designer to determine if the existing system can continue to handle the additional flow during the summer. Since the original future site appears to be in the center of their trapeze area, they may also need have the designer find a different location for where a new septic could go, if it is needed. I hope this helps. Let me know if you need anything else Thank you, Joe Sanders | Sr. Environmental Specialist Washington County Department of Public Health & Environment 14949 62nd St N, Room 4600 | Stillwater MN 55082 651-430-6679 From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Wednesday, November 15, 2023 10:15 AM To: Sarah Borrell <Sarah.Borrell@co.washington.mn.us>; Joe Sanders <Joe.Sanders@co.washington.mn.us> Subject: RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) ***External message alert: This message originated from outside the Washington County email system. Use caution when clicking hyperlinks, downloading pictures or opening attachments.*** Sarah and Joe, Following up on this email. Thanks, T.J. Hofer Planner II Bolton & Menk, Inc. Phone: 612-271-6984 3 Bolton-Menk.com From: TJ Hofer Sent: Wednesday, November 8, 2023 2:05 PM To: Sarah Borrell <Sarah.Borrell@co.washington.mn.us>; Joe Sanders <Joe.Sanders@co.washington.mn.us> Subject: FW: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) Sarah and Joe, Please see the below email regarding an IUP for 18180 Olinda Trail in Scandia. The IUP would allow for a summer camp on the site Last week I learned that there is an unpermitted building on the site that is connected to the septic system and is used as a restroom for the summer camp. I assume this connection wasn’t approved by the County. If the IUP was approved, the use will continue. It brings in approximately 30-50 people to the site from June to August. What would the septic concerns and requirements be for this? Thank you, T.J. Hofer Planner II Bolton & Menk, Inc. Phone: 612-271-6984 Bolton-Menk.com From: TJ Hofer Sent: Tuesday, October 10, 2023 8:02 PM To: k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us; Ryan Goodman <Ryan.Goodman@bolton-menk.com>; Charles Fischer (c.fischer@ci.scandia.mn.us) <c.fischer@ci.scandia.mn.us>; mike.hinz@scandiafire.com; Tom Langer <tom.langer@cmscwd.org>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; Daniel Elder <Daniel.Elder@co.washington.mn.us>; Wayne.Sandberg@co.washington.mn.us Cc: TJ Hofer <tj.hofer@bolton-menk.com> Subject: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) All, Please find the submittal materials attached for a variance for PID 3403220340009 in Scandia, MN. The applicant is requesting an interim use permit to allow for multiple uses on a lot. The site is located off of Olinda Tr/CR 3. The proposed uses include single-family dwelling and outdoor commercial recreation (circus camp). The use has existed for several years and the applicant is working with the City to bring the site into compliance. The circus camps are seasonal and generally only operate during the summer months (second week of June to middle of August). The application is scheduled for the November 7, 2023, Planning Commission meeting. Please provide any comments by October 31, 2023, to be included in the staff report for the Planning Commission. If you have any issues accessing the attachments, please let me know. Thank you, T.J. Hofer Out of Office: 10/11-10/13 he/him 4 Planner II Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 Suite E130 Oakdale, MN 55128 Phone: 612-271-6984 Bolton-Menk.com 1 TJ Hofer From:Tom Langer <tom.langer@cmscwd.org> Sent:Tuesday, November 21, 2023 8:03 AM To:TJ Hofer Subject:RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) Hi TJ, I think due to this variance request not being for impervious surface 25% exceedance or setback from a water resource a District comment may be sufficient for your reporting? If so, below is the District’s updated understanding that you can directly copy into your staff report. Please also feel free to guide the applicant to our website where they can submit initial permit items needed. If received by this Friday EOB I can fit this in at our December board meeting. The District’s understanding of the proposed project has changed and the addition of a building is considered to be an addition of an impervious surface by the District’s definition. Since the addition of the building pad occurred on a lot that exceeds 5% impervious surfaces the pad will either need to be removed and the area restored to a vegetated ground cover or obtain a Watershed permit in addition to any and all approvals from the City. The Watershed’s permit requirements require the applicant to submit a complete permit application package (site plan, permit payment, and permit application), implement stormwater management in compliance with the District’s Residential Stormwater Worksheet, and declare the stormwater practice against the property. District Rule defines an impervious surface as: Thanks, Tom Langer Riparian Permit Specialist | Carnelian Marine St. Croix Watershed District 11660 Myeron Rd North | Stillwater, MN 55082 Phone:  (651) 275-7452 | Cell: 507-276-8056  www.cmscwd.org From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Monday, November 20, 2023 6:18 PM To: Tom Langer <tom.langer@cmscwd.org> Subject: RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) Tom, Will you want to issue an updated letter regarding this? Thanks, T.J. Hofer Planner II Bolton & Menk, Inc. 2 Phone: 612-271-6984 Bolton-Menk.com From: Tom Langer <tom.langer@cmscwd.org> Sent: Wednesday, November 15, 2023 3:54 PM To: TJ Hofer <tj.hofer@bolton-menk.com>; Ryan Goodman <Ryan.Goodman@bolton-menk.com> Cc: k.morell@ci.scandia.mn.us; 'Carl Almer' <calmer@eorinc.com> Subject: RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) Hi TJ, Yes, the lot already exists at >5% impervious surface area and adding or reconstructing impervious surfaces triggers the need for a watershed permit. By definition the added limestone is a new impervious surface. It is possible that the swale along Norell may meet criteria for a stormwater practice, but I cannot confirm without inspection. Whether a practice exists or is implemented, it will need to declared against the property if the added pad area is kept. Thanks, Tom Langer Riparian Permit Specialist | Carnelian Marine St. Croix Watershed District 11660 Myeron Rd North | Stillwater, MN 55082 Phone:  (651) 275-7452 | Cell: 507-276-8056  www.cmscwd.org From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Wednesday, November 15, 2023 11:19 AM To: Tom Langer <tom.langer@cmscwd.org>; Ryan Goodman <Ryan.Goodman@bolton-menk.com> Cc: k.morell@ci.scandia.mn.us Subject: RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) Tom and Ryan, I wanted to reach out again regarding this IUP. I visited the site shortly before the PC meeting last week and saw that class five limestone had been brough in for the 50’ by 50’ circus tent. The area is approximately the same size (around 2500 sq. ft.). The item was tabled at the PC meeting to be picked back up in December because of other issues. Obviously, this increase in impervious surface is relevant and I think likely triggers some Watershed requirements. 3 The applicant has also submitted a response after the meeting and has stated the following: 4. Rain Impact from Circus Tent (Permeable or Impermeable) : Even though Watershed signed off on the impact of the circus tent, my notes show that Mr. Loeffler from the Planning Commission still had concerns on the water run off effects from the circus tent structure. Specifically, adding the class 5 limestone base made the approximately 2500 square feet forever impermeable with no rain water run off plans. Hopefully this historical information on the space where the Circus Tent will be placed will help assuage this concern. When we had our septic system soil perk test done for the house build in 2013 it revealed a high clay content in the soil area specifically where the Quonset is and behind it where the Circus Tent will now go. In 2013 our original plan was to put in a conventional ground level septic system right in that location. The perk test showed we needed a mound based septic set up. Knowing we had to have the mound system we moved the location to a spot on the south side of our driveway that would hide a mound based from view behind the fence. We also had the excavator grade the area where the Quonset and now Circus Tent site, so that rain water would not just sit in this location and become a breeding ground for mosquitos. The grading of the area, done way back in 2014 moves all the rain water over to the rain garden area highlighted in dark blue on my site plan on our Northern property border. The point of the narrative above is that that site area for the Circus Tent has always acted as an impermeable surface. We already addressed this problem: Since 2014 any rain water that fell on the site where the Circus Tent is planned has always flowed away from that spot to a less clay based soil area that easily absorbs even the largest rain storms we have had in the last 9 summers. The original excavation fixed the issue of standing water. We started adding Class 5 to that area 3 years ago and it continues to channel rain water away perfectly to the area on our property that can functionally absorb rain water. From what I can tell based on aerials and past site plans, the area now covered with limestone was not impervious before the addition of the limestone. Please let me know if you have additional comments for conditions to recommend based on this information. Thank you, T.J. Hofer Planner II Bolton & Menk, Inc. Phone: 612-271-6984 Bolton-Menk.com 4 From: Tom Langer <tom.langer@cmscwd.org> Sent: Monday, October 16, 2023 9:53 AM To: TJ Hofer <tj.hofer@bolton-menk.com> Subject: RE: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) Hi TJ, Assuming no improvements are proposed to the “seasonal field parking area”, I’d say no CMSCWD rules appear to be triggered for the 50x50-ft tent. Thanks, Tom Langer Riparian Permit Specialist | Carnelian Marine St. Croix Watershed District 11660 Myeron Rd North | Stillwater, MN 55082 Phone:  (651) 275-7452 | Cell: 507-276-8056  www.cmscwd.org From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Tuesday, October 10, 2023 8:02 PM To: k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us; Ryan Goodman <Ryan.Goodman@bolton-menk.com>; Charles Fischer (c.fischer@ci.scandia.mn.us) <c.fischer@ci.scandia.mn.us>; mike.hinz@scandiafire.com; Tom Langer <tom.langer@cmscwd.org>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; Daniel Elder <Daniel.Elder@co.washington.mn.us>; Wayne.Sandberg@co.washington.mn.us Cc: TJ Hofer <tj.hofer@bolton-menk.com> Subject: Mann Interim Use Permit - Flying Colors Trapeze (PID 3403220340009) All, Please find the submittal materials attached for a variance for PID 3403220340009 in Scandia, MN. The applicant is requesting an interim use permit to allow for multiple uses on a lot. The site is located off of Olinda Tr/CR 3. The proposed uses include single-family dwelling and outdoor commercial recreation (circus camp). The use has existed for several years and the applicant is working with the City to bring the site into compliance. The circus camps are seasonal and generally only operate during the summer months (second week of June to middle of August). The application is scheduled for the November 7, 2023, Planning Commission meeting. Please provide any comments by October 31, 2023, to be included in the staff report for the Planning Commission. If you have any issues accessing the attachments, please let me know. Thank you, T.J. Hofer Out of Office: 10/11-10/13 he/him Planner II Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 Suite E130 Oakdale, MN 55128 Phone: 612-271-6984 Bolton-Menk.com From: TJ Hofer Sent: Thursday, November 30, 2023 12:19 AM To: CHARLES MANN Cc: Kyle Morell; City of Scandia; Jenni Faulkner Subject: RE: Mann IUP - Extension Letter and Outstanding Issues. Chuck, Thanks for your response. If you are around, I think a meeting tomorrow would be worthwhile. I’m open currently from 9 am to 1 pm. I likely will not be checking emails before 9, so if that works best for you, please come in without any kind of confirmation from me. For now, I will give some brief responses. 1. Looks good. 2. Ultimately this ties into 3. The use of the unpermitted shed is a concern, but we can work through the steps to bring that into compliance. 3. If the outhouse isn’t on your property, I’m not concerned. If you have facilities to serve the campers elsewhere on the lot, the proximity of that to them when they occasionally going down to the lake isn’t a concern for me. Septic systems are based off bedrooms, not bathrooms. I understand the frustration here, but the use has been operating without the required permits for years. This isn’t a matter of putting the issue to rest, but rather of getting the required permits to continue. Who built the trapeze restroom and who connected it to your existing septic? The septic designer will not be a building inspector or official. It will be a licensed professional that you hire and there are two issues here: · This design for the building and septic should have been put together before the structure was ever built. Due to this being a structure that is accessed by the public, I believe that you will need building plans signed by a licensed architect and you will need septic designs signed by a licensed septic designer. I will reach out to the building official to confirm the architect signature on building plans, but we have had a similar situation in the past where it was required. · The septic designer that Joe is referencing with, “what the sewage use is on the property now vs what the existing system can treat,” is a different issue, but can be the same designer. To simplify, the issues are o Licensed certification that the system can handle the increased use. o Licensed plans that show that the septic connection was installed correctly. 4. This will not interrupt the IUP process, but a conditional will be included that you receive a permit from the watershed before a building permit can be issued on the site. I am not an expert in drainage and defer to the City Engineer and the Watershed. Regarding the accessory structure comments, your lot is allowed three total accessory structures. The code does not have exceptions for temporary structures. For the purposes of the circus camp IUP, the trapeze and the circus tent are being considered temporary regardless of this. Aside from these two structures, five other structures exist on the lot. The horse shelter and the Trapeze Shed are both unpermitted. The City is tasked with enforcing the adopted ordinances unilaterally across the City , but there are processes to allow for variances from the code. That is a separate process from the IUP. I believe you are familiar with this process as you had to go through it to exceed the total accessory size square footage limitations to construct your Quonset in 2013. The code was only updated last year to increase the total amount of square footage for accessory structures. If those two structures have been there for five years, they were constructed as illegal nonconforming structures. I think we can both agree addressing these processes when the structures were constructed and when the use was started would have been preferrable and easier, however, we must deal with the situation as it is now. I completely understand the frustration and hope that we can continue to work to address the issues that have been identified to best serve you and the City. Thank you, T.J. Hofer Planner II Bolton & Menk, Inc. Phone: 612-271-6984 Bolton-Menk.com From: CHARLES MANN <chuck@mann.org> Sent: Tuesday, November 28, 2023 1:43 PM To: TJ Hofer <tj.hofer@bolton-menk.com> Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; City of Scandia <b.eklund@ci.scandia.mn.us> Subject: Re: Mann IUP - Extension Letter and Outstanding Issues. T.J. I will attempt to address each issue in your previous email (red text) as well as the three additional mail attachments you recently sent. 1. Parking Concerns: Yes, please revise the site plan. Operationally, if you don’t have the entire area available all the time that will be fine, but we need to be able to accommodate any parking need generated by the use. Please see attached revised site plan. The added space is more than ample to cover what is needed on Friday’s performances. 2. Staff Housing: What facilities are they using then? Do they use the facilities within the house? When catchers stay in the trailers they either use the toilet in the small trapeze mat shed or the house. Showers are taken in the house. 3. Septic System Concerns: I have reached out to the County who inspects and regulates septic to get confirmation regarding the system. As staff, I am not concerned so much about the actual load on the septic, but more so the unpermitted structure on the property that’s being used as a restroom (presumably for the camp participants and employees) and is connected to the septic system. This building will need to be inspected and properly permitted before it can be used again. I read the email you received on this issue from Joe Sanders from Washington Count Dept. of Public Health, so let me try and bring all the issues together her to see if we can stop making a mountain out of this mole hill. First, let me address Joe’s comment regarding no records of an outhouse near the lake. Joe is technically correct, we do not have an existing outhouse on our property down by the lake. The neighboring property has an outhouse. That outhouse has been on that property since back in the 70’s. The owner of the property has had it pumped out multiple times and rebuilt into a beautiful (if you could call an outhouse beautiful) structure that is extremely well tended to by his live in property manager. To give 100% clarity, our neighbor has give permission for us to use this outhouse in case of an ‘emergency’ I personally do not work any of the camp sessions so I had to dig in deeper for actual details. What I learned upon investigating this “lake bathroom concern” that came up from the first meeting is that during camp there is a rotation where camper children get 20 to 40 minutes at the lake. There are a minimum of two coaches with each rotation. It occasionally happens that a camper needs to go to the bathroom while at the lake. Unless it is an ‘emergency’ (you know what I mean) one of the coaches walks back up with the camper to the bathroom by the trapeze. I was told that these ‘emergencies’ happen maybe 6 times a summer. So the restroom by the lake concerns are truly a non issue. Second, I’m happy to have the restroom inspected & permitted if that will solve the issue, but from reading Joe’s reply I don’t think it will. Is Terry Hagstrom the inspector I would need to coordinate with to have it inspected? If not, please let me know who I should arrange inspection with. Third, to address Joe's statement “The system wasn’t oversized based on the number of bedrooms in the house floor plans provided.” This is most likely technically correct, however the house-plans are not the reality. Two of the planned bathrooms in the house plans were NOT built out. If it makes a difference I can easily provide images of these unfinished bathrooms. So technically again, the system is oversized based upon actual bathrooms built out in the house. I sense this is still not enough to satisfy the mountain that is being made out of this molehill. Fourth, to address Joe’s other statement, “They should talk to a licensed designer who can determine what the sewage use is on the property now vs what the existing system can treat.” As I stated at the first meeting: a) the system has warnings built in, we have been running without issue with the largest group sizes we will ever allow (Yes, the IUP could have a 40 camper limit written into it) for 3 years. b) as I stated before the high use is for 10 weeks (I thought it was 11, but Sherri, my wife, corrected me when I was recapping the meeting highlights/lowlights for). For the other 42 weeks of the year there is use by 1 to 2 people. The facts of a & b should put this issue to rest, but I don’t believe it will. So, c) As I also stated at the first meeting we did not form a Non-Profit to run these camps, however the camps are not a profitable business. So, it is very frustrating to be told to unnecessarily spend even more money on a ‘licensed designer’ to tell us what is obvious to our years of experience - the septic system can handle the temporary increased use the camps create. 4. Rain Impact from Circus Tent (Permeable or Impermeable) : The City and the Watershed at the time of review were not aware that you had brought in the limestone as it wasn’t shown on the site plan. I will be reaching out to the Watershed and the City Engineer regarding this. Since you added impervious surface to the site, it’s likely that the Watershed will have additional comments and requirements. The City has records from when the Quonset was constructed. I will include those as part of the email to the engineer and the Watershed. I have read the email you attached from Tom Langer, "I think due to this variance request not being for impervious surface 25% exceedance or setback from a water resource a District comment may be sufficient for your reporting?”. And then there is some more possible directions regarding filling out “permit items needed,” I’m a bit confused here. Yes, I understand adding class5 is officially “impervious,” but for all practical functional real life rain situations the surface in this location is already IMPERVIOUS. Any and all rain water that will fall has always and will always continue to run from that location to the area I outlined in my site plan. This will happen even if the class5 is removed. I guess I simply need to ask you, is this going to be an issue that blocks the IUP recommendation? Again if feels like this “watershed permit,” is making a mountain out of a mole hill. And most likely more money spent that isn’t really available. Finally TJ on the attachment that is the “Mann IUP Extension Letter.pdf” I believe I have addressed every issue with the exception of the following: "• What will be done to address the accessory structure issues identified in the email from November 15, 2023?” The “accessory structures” in question are all temporary. They do not have any foundations. They have existed on the site, without any negative environmental impact for the last 5 years. The one structure is used to store the circus horse equipment and for the campers to receive ground instruction in a shaded protected spot, before moving on to try the trick on a horse. it’s most likely we would sell this structure at some point in the future. The second structure is used to store circus equipment and safety mats - we refer to this structure as the Trapeze Shed. it also contains the toilet and sink that are causing such a septic stir. For the amount of property we have I simple do not see either of these structures being an issue. Perhaps the issue is with the restrictive language. If a property is kept in good condition and is in harmony with it’s surroundings then what is the real issue? Do we conform to the exact language. Should there be an allowed exception. WE BELIEVE WE HAVE A PROPERTY THAT ENHANCES THE AREA. WE STRIVE TO MAKE A BEAUTIFUL AND HARMONIOUS PROPERTY. WE RESPECT THE IDEA OF CROSSING ALL THE “T’s” AND DOTTING ALL THE “i’s” BUT. Even if the 10 weeks of circus summer camps go away, as long as my wife want’s to use the trapeze with her friends this second “trapeze shed” will be needed. TJ, I apologize for some of the shade I am throwing in my replies above. The way this has evolved as become extremely frustrating. If we didn’t receive such positive feedback from the literally hundreds of families that have had children in the camps these last 5 years we would simply shut it all down. Exceptions exist for valid reasons. I hope this planning commission can see the logic here. Sincerely, Chuck Mann On Nov 27, 2023, at 12:10 PM, TJ Hofer <tj.hofer@bolton-menk.com> wrote: Chuck, Next week is the December meeting of the Planning Commission. There are several items I have been waiting to hear from you about and other information that I have learned from the Watershed and the County that will need to be addressed. Please see the attached letter and emails regarding the extension of the application and the outstanding issues. Thank you, T.J. Hofer he/him Planner II Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 Suite E130 Oakdale, MN 55128 Phone: 612-271-6984 www.Bolton-Menk.com <Mail Attachment.eml><Mail Attachment.eml><Mail Attachment.eml><Mann IUP - Extension Letter.pdf>