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6.a Ambourn CPA, Rezoning, and Variance - PC Packet1 | P a g e Date of Meeting: February 6, 2023 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Comprehensive Plan Amendment, Rezoning, and Variance for 13429 Mayberry Trail North Applicant: Natalie Romleski Zoning: AG-C Owner: Rita Ambourn Future Land Use: Agricultural Preserve General Rural Location: PID: 28.032.20.11.0003 Review Deadline March 4, 2024 The applicant is requesting approval for one parcel to remove Agricultural Preserve guidance with a Comprehensive Plan Amendment (CPA), to rezone the property from Agricultural Core to General Rural, and an after-the-fact variance to approve a nonconforming lot. These approvals would allow for the construction of a single-family dwelling on the property. BACKGROUND In June of 2020, the City Council approved a petition to remove the property from Agricultural Preserve. Part of the removal of the property from the Agricultural Preserve program includes an automatic rezoning to Agricultural Core. The guidance that was established within the 2040 Comprehensive Plan, however, was not changed so the property remains both Agricultural Preserve and General Rural. Around the same time the previous City Administrator approved administrative lot split that created the lots that currently exist on the site. The existing northern lot contains a dwelling unit that existed at the time of the lot split. The subject property contains multiple structures, however, none of them qualify as a dwelling per the Unified Development Code (UDC) as they do not contain kitchen and bathroom facilities. For a dwelling to be constructed on the subject 2 | P a g e parcel, the guidance must be changed to allow for the higher density level of four units per 40 acres in the General Rural guidance. Previous Lots Existing Lots The previous City Administrator approved a lot split that was not allowable through an administrative approval. The subject lot does not have the minimum required lot frontage along a public or private road. The existing lots have access off Mayberry Trail North which is a public road that the City maintains through a prescriptive easement. The northern lot has approximately 531 ft. of lot frontage along Mayberry Trl N, while the southern lot has approximately 29 ft. of lot frontage along the area of the prescriptive easement. At the time of the lot split, the previous development code required 300 feet of lot frontage for lots four acres or greater. The UDC is consistent with the previous standard. To approve the lot split in 2020, a variance would have been required. Based on the survey that the City has on record of the proposed lot split, staff believes that the shared lot line was established based on existing driveways on the site. The applicant is now requesting a variance for the lot to correct the past approval. EVALUATION OF REQUEST CPA and Rezoning – Map Amendment The requested CPA will remove the Agricultural Preserve guidance on the Future Land Use Map. Additionally, the property will be rezoned from Agricultural Core (AG-C) to Rural Residential General (RR-G). Section 153.500.060 of the UDC details the procedure and approval criteria for a Rezoning and Comprehensive Plan Amendment. First, is review by the Planning Commission, followed by City Council approval. 3 | P a g e If approved by the Council, the CPA request would be reviewed by the Metropolitan Council, who would review it to ensure the proposed change follows regional plans. Once the CPA is approved by the Metropolitan Council, the CPA change becomes official. The UDC states that a zoning map amendment and Comprehensive Plan Amendment should be judged based on, but not limited to: a. The specific policies and provisions of the City’s adopted Comprehensive Plan, including public facilities and capital improvement plans. b. Whether the proposed action meets the purpose and intent of this Chapter or in the case of a map amendment, it meets the purpose and intent of the individual Base Zoning District. The parcel is guided as Agricultural Preserves and General Rural by the 2040 Comprehensive Plan. The property was removed from the Agricultural Preserves Program in 2020. The Agricultural Preserves Overlay plans for the continuation of the Agricultural Preserves Program in Scandia. Removing the Agricultural Preserve guidance on the Future Land Use Map is appropriate for the proposed lot as the property owner does not intend to place the property in the Agricultural Preserves Programs. The rezoning to Rural Residential General is described as: Lands zoned Rural Residential General (RR-G) are established to provide for principal residential use with estate or large-lot development patterns. The RR-G District includes lot or parcel configurations that are generally unplatted, including mostly non-riparian land. The RR-G District areas are guided General Rural in the Comprehensive Plan. The lot is guided General Rural in the Comprehensive Plan so the proposal is consistent with the Comprehensive Plan. Variance Section 153.500.060 Subd. 1 (B) establishes the standards for when the City shall approve a variance. The variance must be consistent with the Comprehensive Plan, must be in harmony with the general purpose and intent of this Chapter, and when the strict enforcement of this Chapter would result in practical difficulties with carrying out the strict letter of the Code. Practical difficulties are established within the UDC and are listed below in italics. Staff’s analysis of these is below each practical difficulty: a. The applicant proposes to use the property in a reasonable manner not permitted by this Chapter. The proposed use of a single-family dwelling is a reasonable use of the property, however the lot does not have the required frontage along a public street. The lot does have a deeded ingress-and-egress easement on the lot to the north. 4 | P a g e b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The lot was split in 2020 through an administrative process. The lot split should not have been approved as it did not meet the standards of the subdivision and zoning ordinance at the time. The lot to the north that was originally part of the lot in question has since been sold. The lot split cannot be reversed and a variance is required. At the time of the lot split the original parcel contained two driveways that led to separate parts of the lot which was a unique circumstance. c. The variance, if granted, will not alter the essential character of the locality. If the variance were granted, it would not alter the essential character of the locality. d. Economic conditions alone shall not constitute practical difficulties. Economic conditions are not the sole factor in the variance. e. May include, but is not limited to, inadequate access to direct sunlight for solar energy systems. The variance is not related to inadequate access to direct sunlight for solar energy systems. f. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The requested variance is the minimum action required to eliminate the practical difficulty. The proposed use is the minimum action required to eliminate the practical difficulty. The variance will allow for the lot to continue to be used as a legally nonconforming lot. 5 | P a g e ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Washington County At the time of writing this staff report, Washington County had not provided any comments. Engineering Department The City Engineer had no comment. Fire Department The Fire Chief had no comment. Public Works Department The Public Works Director had no comment. Staff Analysis Staff finds that the proposal is generally consistent with the Comprehensive Plan and UDC. Staff believes that the proposal for the CPA and the rezoning is generally in compliance with the requirements outlined within the UDC. Staff believes that the variance meets the standards for a practical difficulty. The variance should have been addressed with the original approval in 2020, however, an after-the-fact variance is an appropriate measure here. The original subdivision had approximately 531 ft. of lot frontage and the lot split appears to have been designed based on existing driveways at the time. 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. 6 | P a g e Staff recommends that the Planning Commission recommend approval of the request for a CPA to remove the Agricultural Preserve Overlay for PID 28.032.20.11.0003. Approval includes a resolution. The following findings and conditions of approval are recommended: 1. The existing and proposed use of the lot is consistent with the lot being removed from the Agricultural Preserve Overlay. The Agricultural Preserves Overlay plans for the continuation of the Agricultural Preserves Program in Scandia and the landowner does not wish to continue participation in the program. 2. The applicant shall comply with all local, state, and federal permits and requirements for new development on the parcel. 3. The applicant shall obtain all necessary permits prior to work on the site. 4. The applicant shall pay all fees and escrow costs related to the application. 5. The amendment shall not be effective until Metropolitan Council approval. Staff recommends that the Planning Commission recommend approval of the request for a rezoning from AG-C to RR-G for PID 28.032.20.11.0003. Approval includes an ordinance and resolution. The following findings of approval are recommended: 1. The proposed rezoning is consistent with the General Rural guidance in the 2040 Comprehensive Plan. The future land use section of the Comprehensive Plan notes that the areas within this designation are residential areas of mixed lot sizes with single- family residential dwellings being the primary land use. 2. The proposed rezoning is for a single-family dwelling. This meets the purpose and intent of the Base Zoning District. The following conditions of approval are recommended: 1. Approval is subject to the approval of Ordinance 2024-XX (Rezoning 13429 Mayberry Trail North from AG-C to RR-G). 2. The applicant shall comply with all local, state, and federal permits and requirements. 3. No work is approved with this resolution. The applicant shall obtain all necessary permits prior to work on the site. 4. The applicant shall pay all fees and escrow costs related to the application. 7 | P a g e Staff recommends that the Planning Commission recommend approval of recommend approval of the proposed variance, subject to the following findings: 1. The proposed use of a single-family dwelling is a reasonable use of the property, however the lot does not have the required frontage along a public street. The lot does have a deeded ingress-and-egress easement on the lot to the north. 2. The lot was split in 2020 through an administrative process. The lot split should not have been approved as it did not meet the standards of the subdivision and zoning ordinance at the time. The lot to the north that was originally part of the lot in question has since been sold. The lot split cannot be reversed and a variance is required. At the time of the lot split the original parcel contained two driveways that led to separate parts of the lot which was a unique circumstance. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not the sole factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. The proposed use is the minimum action required to eliminate the practical difficulty. The variance will allow for the lot to continue to be used as a legally nonconforming lot. Staff has prepared the following conditions of approval: 1. The applicant shall receive a permit from and be in compliance with the standards of the Carnelian-Marine-St. Croix Watershed District. 2. The applicant shall secure all applicable permits required from local, state, and federal entities. 3. The applicant shall pay all other fees and escrows associated with this application. 4. The applicant must commence the authorized use or improvement within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 5. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 8 | P a g e RECOMMENDATION Staff recommends the Planning Commission recommend approval of the attached ordinance and resolutions, with conditions as described above. Attachments 1. Draft Resolution 02-20-23-XX Approving Submittal of a Comprehensive Plan Amendment to the Metropolitan Council 2. Draft Ordinance 2023-XX Amending the Official Zoning Map 3. Draft Resolution 02-20-23-XX Approving Findings of Fact for Rezoning 4. Draft Resolution 02-20-23-XX Approving a Variance for a Nonconforming Lot 5. Location Map 6. Zoning Map 7. 2040 Future Land Use Map 8. Application 9. Survey, dated January 16, 2020 10. Memorandum Regarding Withdrawal from Agricultural Preserve, Merritt Clapp- Smith, Planner, dated June 9, 2020 11. Future Development Plans, dated August 31, 2023 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-20-24-XX APPROVING AN AMENDMENT TO THE FUTURE LAND USE MAP IN THE 2040 SCANDIA COMPREHENSIVE PLAN FOR PID 28.032.20.11.0003 LOCATED AT 13429 MAYBERRY TRAIL NORTH WHEREAS, Natalie Romleski (the “applicant”), on behalf of Rita Ambourn (the “owner”), has requested approval to amend the designation of the parcel addressed 13429 Mayberry Trail North in the Future Land Use Map of the 2040 Scandia Comprehensive Plan; and WHEREAS, the property is legally described as follows: See Exhibit A WHEREAS, the Planning Commission reviewed the Comprehensive Plan Amendment request at a duly noticed Public Hearing on February 6th, 2024, and recommended that the City Council approve the request with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request for the Future Land Use Map Comprehensive Plan Amendment of parcel 28.032.20.11.0003, based on the following findings and conditions: 1. The existing and proposed use of the lot is consistent with the lot being removed from the Agricultural Preserve Overlay. The Agricultural Preserves Overlay plans for the continuation of the Agricultural Preserves Program in Scandia and the landowner does not wish to continue participation in the program. 2. The applicant shall comply with all local, state, and federal permits and requirements for new development on the parcel. 3. The applicant shall obtain all necessary permits prior to work on the site. 4. The applicant shall pay all fees and escrow costs related to the application. 5. The amendment shall not be effective until Metropolitan Council approval. Whereupon, said Resolution is hereby declared adopted on this 20th day of February 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator EXHIBIT A All that part of the Northeast Quarter of the Northeast Quarter of Section 28, Township 32 North, Range 20 West, Washington County, Minnesota lying southerly of the following described Line A and all that part of Government Lot 1, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota described as follows: Beginning at the Southeast corner thereof; thence West along the South line thereof 250 feet; thence North and parallel with the East line thereof to Fish Lake; thence Easterly and Northerly along the shore of Fish Lake to the North line of said Government Lot 1; thence East on said North line thereof to the Northeast corner thereof; thence South on the East line thereof to the point of beginning, lying southerly of the following described Line A: Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 00 degrees 05 minutes 30 seconds East, bearings are based on the Washington County Coordinate System, NAD83, 1986 Adjustment, along the east line of said Northeast Quarter of the Northeast Quarter, a distance of 502.00 feet to the point of beginning of said Line A; thence North 89 degrees 30 minutes 26 seconds West, a distance of 110.00 feet; thence South 53 degrees 23 minutes 10 seconds West, a distance of 266.35 feet; thence South 81 degrees 23 minutes 10 seconds West, a distance of 146.31 feet; thence South 62 degrees 33 minutes 29 seconds West, a distance of 222.56 feet; thence North 67 degrees 30 minutes 43 seconds West, a distance of 733.55 feet; thence South 78 degrees21 minutes 55 seconds West, a distance of 130 feet, more or less, to its intersection with the shore line of Fish Lake and said Line A there terminating. This parcel contains 22.5 acres, more or less, and is subject to the right of way of Maberry Trail North. CITY OF SCANDIA ORDINANCE NO. 2024-XX AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO REZONE PID 28.032.20.11.0003 FROM AGRICULTURAL CORE (AG-C) TO RURAL RESIDENTIAL GENERAL (RR-G) The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. The official Zoning Map, as adopted in 153.200.020 Subd. 1 of the Unified Development Code of the City of Scandia is hereby amended to change the designation of the following described property from Agricultural Core (AG-C) to Rural Residential General (RR-G): See Exhibit A Section 2: Effective Date. This ordinance shall be effective upon its passage and summary publication according to law. Passed and adopted by the City Council of the City of Scandia this 20th day of February 2024. ____________________________________ Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator EXHIBIT A All that part of the Northeast Quarter of the Northeast Quarter of Section 28, Township 32 North, Range 20 West, Washington County, Minnesota lying southerly of the following described Line A and all that part of Government Lot 1, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota described as follows: Beginning at the Southeast corner thereof; thence West along the South line thereof 250 feet; thence North and parallel with the East line thereof to Fish Lake; thence Easterly and Northerly along the shore of Fish Lake to the North line of said Government Lot 1; thence East on said North line thereof to the Northeast corner thereof; thence South on the East line thereof to the point of beginning, lying southerly of the following described Line A: Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 00 degrees 05 minutes 30 seconds East, bearings are based on the Washington County Coordinate System, NAD83, 1986 Adjustment, along the east line of said Northeast Quarter of the Northeast Quarter, a distance of 502.00 feet to the point of beginning of said Line A; thence North 89 degrees 30 minutes 26 seconds West, a distance of 110.00 feet; thence South 53 degrees 23 minutes 10 seconds West, a distance of 266.35 feet; thence South 81 degrees 23 minutes 10 seconds West, a distance of 146.31 feet; thence South 62 degrees 33 minutes 29 seconds West, a distance of 222.56 feet; thence North 67 degrees 30 minutes 43 seconds West, a distance of 733.55 feet; thence South 78 degrees21 minutes 55 seconds West, a distance of 130 feet, more or less, to its intersection with the shore line of Fish Lake and said Line A there terminating. This parcel contains 22.5 acres, more or less, and is subject to the right of way of Maberry Trail North. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-20-24-XX APPROVING FINDINGS OF FACT FOR REZONING FOR PARCEL ID 28.032.20.11.0003 WHEREAS, Natalie Romleski (the “applicant”), on behalf of Rita Ambourn (the “owner”), has requested approval to rezone 22.74 acres legally described as follows: See Exhibit A WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on February 6th, 2024, and recommended that the City Council approve the request with conditions; WHEREAS, the City Council has adopted an Ordinance 2024-XX rezoning the affected parcels from Agricultural Core (AG-C) to Rural Residential General (RR-G). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request for the reclassification of the property, based on the following findings: 1. The proposed rezoning is consistent with the General Rural guidance in the 2040 Comprehensive Plan. The future land use section of the Comprehensive Plan notes that the areas within this designation are residential areas of mixed lot sizes with single family residential dwellings being the primary land use. 2. The proposed rezoning is for a single-family dwelling. This meets the purpose and intent of the Base Zoning District. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. Approval is subject to the approval of Ordinance 2024-XX (Rezoning 13429 Mayberry Trail North from AG-C to RR-G). 2. The applicant shall comply with all local, state, and federal permits and requirements. 3. No work is approved with this resolution. The applicant shall obtain all necessary permits prior to work on the site. 4. The applicant shall pay all fees and escrow costs related to the application. Whereupon, said Resolution is hereby declared adopted on this 20th day of February 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator EXHIBIT A All that part of the Northeast Quarter of the Northeast Quarter of Section 28, Township 32 North, Range 20 West, Washington County, Minnesota lying southerly of the following described Line A and all that part of Government Lot 1, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota described as follows: Beginning at the Southeast corner thereof; thence West along the South line thereof 250 feet; thence North and parallel with the East line thereof to Fish Lake; thence Easterly and Northerly along the shore of Fish Lake to the North line of said Government Lot 1; thence East on said North line thereof to the Northeast corner thereof; thence South on the East line thereof to the point of beginning, lying southerly of the following described Line A: Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 00 degrees 05 minutes 30 seconds East, bearings are based on the Washington County Coordinate System, NAD83, 1986 Adjustment, along the east line of said Northeast Quarter of the Northeast Quarter, a distance of 502.00 feet to the point of beginning of said Line A; thence North 89 degrees 30 minutes 26 seconds West, a distance of 110.00 feet; thence South 53 degrees 23 minutes 10 seconds West, a distance of 266.35 feet; thence South 81 degrees 23 minutes 10 seconds West, a distance of 146.31 feet; thence South 62 degrees 33 minutes 29 seconds West, a distance of 222.56 feet; thence North 67 degrees 30 minutes 43 seconds West, a distance of 733.55 feet; thence South 78 degrees21 minutes 55 seconds West, a distance of 130 feet, more or less, to its intersection with the shore line of Fish Lake and said Line A there terminating. This parcel contains 22.5 acres, more or less, and is subject to the right of way of Maberry Trail North. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-20-24-XX APPROVING A VARIANCE FOR A NONCONFORMING LOT FOR PARCEL ID 28.032.20.11.0003 LOCATED AT 13429 MAYBERRY TRAIL NORTH WHEREAS, Natalie Romleski (the “applicant”), on behalf of Rita Ambourn (the “owner”), has requested and made an application for a variance for a nonconforming lot that does not meet lot frontage requirements on property with the PID 28.032.20.11.0003, legally described as follows: See Exhibit A WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on February 6th, 2024, and recommended that the City Council approve the request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the variances variance for a nonconforming lot that does not meet lot frontage requirements, based on the following findings: 1. The proposed use of a single-family dwelling is a reasonable use of the property, however the lot does not have the required frontage along a public street. The lot does have a deeded ingress-and-egress easement on the lot to the north. 2. The lot was split in 2020 through an administrative process. The lot split should not have been approved as it did not meet the standards of the subdivision and zoning ordinance at the time. The lot to the north that was originally part of the lot in question has since been sold. The lot split cannot be reversed and a variance is required. At the time of the lot split the original parcel contained two driveways that led to separate parts of the lot which was a unique circumstance. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not the sole factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. The proposed use is the minimum action required to eliminate the practical difficulty. The variance will allow for the lot to continue to be used as a legally nonconforming lot. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The applicant shall receive a permit from and be in compliance with the standards of the Carnelian-Marine-St. Croix Watershed District. 2. The applicant shall secure all applicable permits required from local, state, and federal entities. 3. The applicant shall pay all other fees and escrows associated with this application. 4. The applicant must commence the authorized use or improvement within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 5. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. Whereupon, said Resolution is hereby declared adopted on this 20th day of February 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator EXHIBIT A All that part of the Northeast Quarter of the Northeast Quarter of Section 28, Township 32 North, Range 20 West, Washington County, Minnesota lying southerly of the following described Line A and all that part of Government Lot 1, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota described as follows: Beginning at the Southeast corner thereof; thence West along the South line thereof 250 feet; thence North and parallel with the East line thereof to Fish Lake; thence Easterly and Northerly along the shore of Fish Lake to the North line of said Government Lot 1; thence East on said North line thereof to the Northeast corner thereof; thence South on the East line thereof t the point o beginning, lying southerly of the following described Line A: Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 00 degrees 05 minutes 30 seconds East, bearings are based on the Washington County Coordinate System, NAD83, 1986 Adjustment, along the east line of said Northeast Quarter of the Northeast Quarter, a distance of 502.00 feet to the point of beginning of said Line A; thence North 89 degrees 30 minutes 26 seconds West, a distance of 110.00 feet; thence South 53 degrees 23 minutes 10 seconds West, a distance of 266.35 feet; thence South 81 degrees 23 minutes 10 seconds West, a distance of 146.31 feet; thence South 62 degrees 33 minutes 29 seconds West, a distance of 222.56 feet; thence North 67 degrees 30 minutes 43 seconds West, a distance of 733.55 feet; thence South 78 degrees21 minutes 55 seconds West, a distance of 130 feet, more or less, to its intersection with the shore line of Fish Lake and said Line A there terminating. This parcel contains 22.5 acres, more or less, and is subject to the right of way of Maberry Trail North. 75 2.3 © Bolton & Menk, Inc - Web GIS 0 Legend Location 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: 2/1/2024 2:14 PM 527 Feet City Limits Parcels (1/1/2024) Lot Lines Parks Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 75 2.3 © Bolton & Menk, Inc - Web GIS 0 Legend 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: 2/1/2024 2:16 PM 527 Feet City Limits Parcels (1/1/2024) 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 Open Space - Planned Unit Development 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 _ 2 A X v 15 LUD i M 9E- 0 i5 91 sM ljlr llllo, N 0 z 1 Lu N Ed N 3XV- 1 HSI- 4 9A VZ U anIL Memorandum To: Scandia City Council Reference: Decertify 13407 Mayberry Trail North from Agricultural Preserve Status Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Project No.: 17722.000 Administrator Rita Ambourn Trs, applicant From: Merritt Clapp -Smith, Routing: Planner Date: June 9, 2020 DESCRIPTION OF REQUEST The applicant is requesting to withdraw the 44.6 -acre property at 13407 Mayberry Trail North PIDs 28.032.20.11.0001 and 28.032.20.12.0001] from the State of Minnesota Metropolitan Agricultural Preserves Program, to enable a lot split and potential residential development of the undeveloped lot. The MINNESOTA METROPOLITAN AGRICULTURAL PRESERVES PROGRAM [herein referred to as MMAPP] encourages the retention of high-quality agricultural land within the 7 -county metro area, with an official designation that makes the properties eligible for property tax relief. The property remains in the program until expiration is initiated by the land owner or a government authority. Withdrawal initiated by the land owner requires approval by the governing body of the local municipality. MN Statute 473H.09 "Subd. 3.Approval of authority. Termination of an agricultural preserve earlier than the date derived through the application in section 473H.08 may be requested by the owner eight years after commencement of the preserve. An owner seeking termination under this subdivision must provide notice to the authority exercising planning and zoning authority for the land on a form provided by the commissioner of agriculture. The notice must describe the property for which termination is desired and the date of termination. Termination An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi TKDA Memorandum To: Scandia City Council Reference: Decertify 13407 Mayberry Trail North from Agricultural Preserve Status Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Project No.: 17722.000 Administrator Rita Ambourn Trs, applicant From: Merritt Clapp -Smith, Routing: Planner Date: June 9, 2020 DESCRIPTION OF REQUEST The applicant is requesting to withdraw the 44.6 -acre property at 13407 Mayberry Trail North PIDs 28.032.20.11.0001 and 28.032.20.12.0001] from the State of Minnesota Metropolitan Agricultural Preserves Program, to enable a lot split and potential residential development of the undeveloped lot. The MINNESOTA METROPOLITAN AGRICULTURAL PRESERVES PROGRAM [herein referred to as MMAPP] encourages the retention of high-quality agricultural land within the 7 -county metro area, with an official designation that makes the properties eligible for property tax relief. The property remains in the program until expiration is initiated by the land owner or a government authority. Withdrawal initiated by the land owner requires approval by the governing body of the local municipality. MN Statute 473H.09 "Subd. 3.Approval of authority. Termination of an agricultural preserve earlier than the date derived through the application in section 473H.08 may be requested by the owner eight years after commencement of the preserve. An owner seeking termination under this subdivision must provide notice to the authority exercising planning and zoning authority for the land on a form provided by the commissioner of agriculture. The notice must describe the property for which termination is desired and the date of termination. Termination An employee owned company promoting affirmative action and equal opportunity Decertify Agricultural Preserve property Staff Report submitted June 10, 2020 Scandia City Council Page 2 Public Hearing June 16, 2020 of the agricultural preserve and covenant pursuant to this subdivision shall become effective only upon approval by a majority vote of the authority." RATIONALE FOR WITHDRAWL The applicant is seeking to split the property into two lots — one lot retaining the original homestead and the other lot for potential development. ZONING DISTRICT CHANGE Under the Scandia Code Chapter 2, Agricultural Preserves Program, properties zoned as Agricultural Preserve must be certified under the MMAPP and are limited to a density of one dwelling unit per 40 acres. When properties are removed from the MMAPP, the property automatically converts from an Agricultural Preserve district to an Agricultural Core district. No City Council action is required for the zoning district change. PLANNING STAFF RECOMMENDATION 13407 Mayberry Trail North [PIDs 28.032.20.11.0001 and 28.032.20.12.0001] from the State of Minnesota Metropolitan Agricultural Preserves Program, to allow a lot split and potential development of a lot under 40 acres in size. It 7 5% New Coverage 2,870.67 sq ft 324' 183'-6" - 372'-4" + 1:00 PM 8/29/2023 11:00 AM 8/29/2023 Plot Plan Scale:1" = 40'-0" 2022 Minnesota Residential Code 2022 Minnesota Electrical Code 2022 Minnesota Mechanical Code 2022 Minnesota Plumbing Code 2022 Minnesota Energy Code 2022 Minnesota Historical Building Code 2022 Minnesota Fire Code 2022 Minnesota Building Code Applicable Codes Project Information Scope Kitchen Remodel Client Info Rita Ambourn 13429 Mayberry Trail N Marine on St Croix, MN 55047 Disclaimer Property lines shown are based on assessors record and fenceline observation. No land survey is made or represented herein. Coverage Description Area, Standard (sq ft) New Coverage 2870.67 Totals: 2870.67 Conditioned Space Description Area, Standard (sq ft) New Conditioned Space 1768 Totals: 1768 Rita Ambourn13429 Mayberry Trail NMarine on St Croix, MN 55047Rita Ambourn13429 Mayberry Trail NMarine on St Croix, MN 55047 Rita Ambourn 13429 Mayberry Trail N Marine on St Croix, MN 55047 Lot Analysis Description Area Lot Size 995812.53 Rita Ambourn 13429 Mayberry Trail N Marine on St Croix, MN 55047 Page Index Label Title G-1 General Plot and Project A-1 Floor Plan A-2 Foundation Plan A-3 Fenestration Overview A-4 Elevations 1 A-5 Elevations 2 A-6 Cross Section and Details G-1 Page 1 - G-1 - General Plot and ProjectPage 1 - G-1 - General Plot and Project 0. Plan Check Comments-10. Plan Check Comments-1 28995 Old Towne Rd., Chisago City, MN, 55013 PHONE:651-400-1896 EMAIL:michael@michaelpachdesign.com Michael Pach Design LLC.REVISION HISTORY REV DATE BY DESCRIPTION Date: 8/31/2023Client:Sheet Title: General Plot and Project Plan Scale: Rita Ambourn 13429 Mayberry Trail N Marine on St Croix, MN 55047 E2 East Elevation Scale:1/4" = 1'-0" 60686068 E1 North Elevation Scale:1/4" = 1'-0" A-428995 Old Towne Rd., Chisago City, MN, 55013 PHONE:651-400-1896 EMAIL:michael@michaelpachdesign.com Michael Pach Design LLC.REVISION HISTORY REV DATE BY DESCRIPTION Date: 8/31/2023Client:Sheet Title: Elevations 1 Plan Scale: E4 West Elevation Scale:1/4" = 1'-0" 1607016070 E3 South Elevation Scale:1/4" = 1'-0" Rita Ambourn 13429 Mayberry Trail N Marine on St Croix, MN 55047 A-528995 Old Towne Rd., Chisago City, MN, 55013 PHONE:651-400-1896 EMAIL:michael@michaelpachdesign.com Michael Pach Design LLC.REVISION HISTORY REV DATE BY DESCRIPTION Date: 8/31/2023Client:Sheet Title: Elevations 2 Plan Scale: