Loading...
11-14-2006 Planning Commission November 14, 2006 The Planning Commission held their regular monthly meeting on this date. In attendance were Chairman Chris Ness, James Malmquist, Peter Schwarz, Donnette Yehle and Kevin Nickelson. The minutes from the October 3 meeting were approved with a motion by Schwarz and a second by Malmquist. Dave & Mary Hume, Variance Mr. David Hume, 14939 Old Marine Trail N., Marine on St. Croix, 55047, presented a request to construct a 960 sq. ft. accessory structure on their property. Legal: SW % of SE 'A, Sec. 26. PID: 26-032-20-43-0008. This would constitute a third accessory structure on their 10.29-acre parcel and requires a variance. The two existing accessory structures, a 1,800 sq. ft. barn and a 288 sq. ft. chicken coop, are used to house chickens and llamas, and are not suitable for storing vehicles, so the proposed garage is needed. A variance would not be required to attach the proposed garage to the house,but this would harm the historic character of the house, which was build in the 1850's. The total square footage would be 3,048 and 3,500 is allowed. All setbacks would be met. Peter Schwarz made a motion to recommend to the Town Board that they grant the variance request of David & Amy Hume to construct a third accessory structure on the grounds that the addition of the garage is a reasonable use and that removing one of these buildings would adversely affect the historic nature of the farmstead and the garage cannot be attached to the house without detracting from the house's historic character. Conditions are the color and design of the proposed garage complements the existing historic accessory structures and the total square footage of the three accessory structures will not exceed the maximum established in the Ordinance. Findings are preserving the historic, rural character of the property is in keeping with the spirit of the Ordinance and is consistent with the Comprehensive Plan, and the hardship is present due to the unique circumstances of the property, its historic rural quality, not caused by the landowner.James Malmquist seconded the motion and the motion passed. Eugene& Bonnie Thielbar,Variance Eugene &Bonnie Thielbar, 19471 Manning Trail N., Scandia,requested a variance for Lot Size and Setbacks to allow a single family home and accessory structure to be built on the subject property. Town Planner representative, Barry Farrington,recommended the request be tabled until the Ordinary High Water mark can be established. Peter Schwarz made a motion to table the variance request until the location of the Ordinary High Water mark can be established.James Malmquist seconded the motion and the motion passed. Amendments to Development Code Mr. David Hebert presented Ordinance No. 89 to allow cluster/open space developments in the Shoreland overlay district if part of a planned unit development. Chairman Ness opened the floor to public comment. Maria Hinz, 13800 182nd St., asked why not use this rule to be more strict with lakeshore development, like Tii Gavo, and why allow all the uses listed in the Ordinance for PUD's. The Planning Commission's response was that November 14, 2006 Planning Commission Page 2 the lake would be better served with fewer homes on the lakeshore, which the Tii Gavo development would accomplish. Mike White, 13310 188th St., likes the Tii Gavo development and sees it as better for the lake than a standard development. Donnette Yehle made a motion to recommend to the Town Board that they adopt Ordinance No. 89. Kevin Nickelson seconded the motion and the motion passed. Mr. David Hebert presented Ordinance No. 90 to allow metal sided buildings on parcels larger than 4-acres, rather than 5-acres, and apply the requirement that the accessory buildings resemble the principal building only on parcels less than 4-acres in size. There were no public comments. James Malmquist made a motion to recommend to the Town Board that they accept Ordinance No. 90. Peter Schwarz seconded the motion and the motion passed. Pamela Huberty—Swimming Pools, Amend Code Ms. Pamela Huberty, 22899 Mallard Ave. N.,made a request to amend the Development Code concerning the performance standards for swimming pools. The Hubertys have an existing swimming pool that does not have a fence,but does have an"Aquamatic Safety Pool Cover."The cover completely enclosed the surface of the pool and can only be opened and closed with a key. Ms. Huberty is requesting the Development Code be changed to allow this type of pool cover to substitute for a fence. The Planning Commission recommended this request be discussed at the next Ordinance Workshop in two weeks. Tiller Corp.—Zavoral Property Mining& Reclamation Project Mike Caron, Tiller Corp., a consulting engineer, and a Zavoral family member, T.J. Connolly,presented their proposal to conduct a mining and reclamation project, over a 10 year period, on an approximately 60+ acre site located west of Highway 95 at Highway 97. The site, owned by the Zavoral family, was mined a number of years ago but never reclaimed. In recent years,permits have allowed the removal of material from existing stockpiles,but no mining. Part of the site is in the St. Croix Riverway zoning district, where mining is not an allowed use. They propose to mine the portion of the site outside the river corridor(about 42 acres) and reclaim the formerly mined area within the river corridor(about 20.6 acres.) as well as the newly mined area. A bond would ensure reclamation. Access to the site would be at the intersection of Highways 95 and 97, where the current driveway is at a skew to the intersection. The safety of this entrance will need to be addressed. Mr. Caron was asked if there was much topsoil on the site. Mr. Caron indicated that there was some close to the road in a berm and they will have to import topsoil. Mr. Nickelson commented that Abrahamson's Nursery has a large pile for sale. There was some discussion as to the depth of the mine and its proximity to the water table. Mr. Caron indicated his desire to establish an escrow account soon. The current mining permits expire February 28, 2007. November 14, 2006 Planning Commission Page 3 Emerald Acres—Scandia Development Mr. Greg Johnson presented a request to add one lot for a total of 26 lots on the cul-de- sac, in the wooded area. Mr. Johnson indicated it would be economically unfeasible for them to continue the project without this extra lot due to the soft housing market and increase in costs. Two letters of refusal for financing were submitted. They have also asked the estate to reduce the price,but have not heard from them. The Planning Commission indicated they had recommended 23 lots and the Town Board approved 25 lots. The Commission said they had accommodated the developer as much as possible and a decision such as this could not be based on economics. Mr. Johnson thanks the Commission for their time and departed. Conditional Use Permits Keith's Landscaping— Staff investigation of the sewer/water facilities found that no sewage system is required by the Building Code or Washington County sanitation regulations as the building is essentially cold storage with a dirt floor, no water supply and no office or employees working on site. However, original conditions required three paved parking spaces. Kevin Nickelson made a motion to recommend to the Town Board that they require three paved parking spaces by July 31, 2007 at Keith's Landscaping in the Hawkinson Business Park.James Malmquist seconded the motion passed. Am-Tech— It was noted that the area behind the facility had been cleaned up. Peter Schwarz recommended that no further action is required. The next Planning Commission meeting is scheduled for December 5 with site visits on Sunday, December 3rd starting a noon. The January meeting has been scheduled for the 9th, due to a new city council will hold their first meeting on January 2nd and will determine the schedule of meetings for the coming year. Kevin Nickelson made a motion to adjourn and the meeting adjourned. Respectfully submitted, Colleen Firkus Planning Commission Secretary NEW SCANDIA TOWN BOARD AGENDA NOVEMBER 14, 2006 7:00 P.M. 1. Call to order by Chairman Dennis Seefeldt 2. Pledge of Allegiance 3. General Business a) Approve Right of Entry Agreement and Letter of Agreement Regarding Easement Acquisitions with the Owners of Lot 5, Block 1, Hawkinson Business Park b) Approval of Utility Permit for Frontier Communications for Underground Telephone Service under Ozark Ave. to Prairie Restorations c) Consider Posting 209th Street"No Parking" between Oakhill and Olinda d) Set Date for Workshop meeting on Filling Maintenance Worker Position and Other Personnel Issues 4. Recommendations from the Planning Commission a) Dave and Amy Hume, 14939 Old Marine Trail. Variance to Construct Third Accessory Structure b) Ordinance No. 89, Amendment to Section 11.2 (2) of Chapter 2 of the Development Code re: Cluster Developments/Open Space Design Subdivision in the Shoreland Overlay District c) Ordinance No. 90, Amendment to Section 9.13 (1) of Chapter 2 of the Development Code re: Design of Accessory Structures d) Steve May. Review Concept Sketch for Revisions to Emerald Acres Subdivision e) Review of Conditional Use Permits 5. Additions to the Agenda 6. Adjournment Meeting Date: 11/14/2006 Agenda Item: 3, a) 773, Planning Commission Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Approve right of entry agreement and letter of agreement regarding easement acquisitions with the owners of Lot 5, Block 1, Hawkinson Business Park. Deadline/ Timeline: Approval of the right-of-entry agreement as soon as possible would allow the project to proceed without delay. Background: • The Olsen-Sandgren-Hawkinson Storm Sewer project will require some construction on property owned by Mike and Nancy Peterson. After the project was underway it was discovered that area outside the existing drainage easement will be impacted by an expanded ponding area. • The attached agreements were drafted after a meeting with the Petersons and their Attorney, Board Chair Seefeldt, Engineer Peterson, Administrator Hurlburt and Town Attorney Hebert. • The Petersons would agree to provide the expanded easement needed by the Township in return for$15,000 plus surveying, engineering and other expenses for creating the easement. The Petersons would have the right to cross the easement to gain access to the western portion of their property. • The right-of-entry agreement would allow the project to proceed while the easement is being finalized. Recommendation: Staff recommends approval. Attachments/ • Right of Entry Agreement Materials provided: • Letter from Robert H. Collins documenting tentative agreement Contact(s): Dave Hebert, Town Attorney 464-3397 Prepared by: Anne Hurlburt, Administrator (right of entry) Page 1 of 1 11/04/06 RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made this day of , 2006 by and between the Town of New Scandia, Washington County, Minnesota (the "Town") and Michael A. Peterson and Nancy A. Peterson, husband and wife (the "Petersons"). WHEREAS, a contract for a storm water drainage project has been entered into between the Town and Peterson Excavating, Inc., a corporation owned by the Petersons; and WHEREAS, a part of the project will be constructed on property owned by the Petersons legally described as Lot 5, Block 1, Hawkinson Business Park; and WHEREAS, the project will require storm water storage outside of the existing drainage and utility easement on the said lot; and WHEREAS, the Town will need to acquire additional easement for such storm water storage and ponding; and WHEREAS, the parties have reached a tentative understanding as to the acquisition of said additional easement and the compensation to be paid therefore, all as more fully detailed in the letter attached to this Agreement, all subject to the approval of the New Scandia Town Board; and WHEREAS, the parties deem it to be in their mutual best interests to proceed with the drainage project in accordance with the plans and specifications for the project. NOW, THEREFORE, in consideration of the above recitals which are hereby adopted, the parties agree for themselves, their successors and assigns, as follows: Petersons hereby grant to the Town, its employees, contractors and agents, the right to enter onto the above described property for the purpose of constructing the drainage and storm water storage facilities in accordance with the approved plans and specifications for the project. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereinabove set forth. MICHAEL A. PETERSON NANCY A. PETERSON NEW SCANDIA TOWNSHIP BY: DENNIS D. SEEFELDT CHAIRMAN BY: ANNE HURLBURT TOWN CLERK/ADMINISTRATOR 2 GREIG R. TENNIS* MARCUS C. STUBBLES ROBERT H. COLLINS*$ TENNIS AND COLLINS, P.A. Attorneys at Law Real Estate • Estate Planning • Probate • Business 20 NORTH LAKE STREET ' SUITE 202 ' TOWN SQUARE ' FOREST LAKE, MINNESOTA 55025-2511 TELEPHONE 651.464.7400 FAX 651.464.1090 October 26, 2006 HAND DELIVERED Mr. Dave Hebert Hebert and Welch, P.A. 20 North Lake Street, Suite 301 Forest Lake, MN 55025 Re: New Scandia Township/Michael and Nancy Peterson 21090 Ozark Court North, Scandia, MN Dear Dave, I'd like to thank you, Mr. Seefeldt, Ms. Huriburt and Mr. Peterson for taking time to meet with Mike and Nancy Peterson and me earlier today regarding the Olsen-Sandgren-Hawkinson Storm Sewer Improvements ("Storm Sewer Improvements") to be completed at the property located at 21090 Ozark Court North and legally described as Lot 5, Block 1, Hawkinson Business Park, Washington County, Minnesota ("Peterson Property"). I'm following up on memorializing the terms of the proposed settlement agreement for presentation to the New Scandia Town Board for consideration. We talked at length about the current drainage and utility easement at the Peterson Property and the extent to which the Storm Sewer Improvements contemplated thereon would expand the scope of that easement. After consideration of the parties' respective positions and concerns, we ended up agreeing that the following proposal should be submitted to the New Scandia Town Board for consideration: 1. Petersons obligations: a. To provide New Scandia Township a drainage and utility easement over that part of the so-called 1016' line of the Peterson Property, as roughly sketched on the attached map of the Peterson Property. That new area will be called the "Expanded Easement Area"; and b. To sign an authorization so the New Scandia Township for immediate continuation of the Storm Sewer Improvements. *REAL PROPERTY LAW SPECIALIST,CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION $QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE grtennis@tennisandcollins.com mcstubbles@tennisandcollins.com nccollins@tennisandcollins.corn October 26, 2006 Page 2 2. New Scandia Township's obligations: a. To provide Petersons a 50-foot access and crossing easement (including the right to construct a private access road) over that portion of the Expanded Easement Area where there currently exists a culvert so the Petersons can be certain they have good, solid access to the northwesterly portion of the Peterson Property. New Scandia Township will be responsible to complete engineering calculations to ensure that Petersons' use thereof will not result in additional stormwater back up north of the crossing area and, if so, provide resources and payment for installation of additional, or larger, culvert(s) at the crossing. New Scandia Township will not be responsible to pay the cost of constructing the private access road; b. To pay the surveying and engineering expenses relating to the new descriptions, document preparation and recording of the easements to be exchanged; and c. To pay Petersons the sum of$15,000 as and for the acquisition of the drainage and utility easement rights being acquired within the Expanded Easement Area. Based on the tenor of the meeting and the concept discussions we had today, the Petersons are willing to sign the authorization in anticipation of the Board approving the proposed settlement agreement. Please forward that document to me when completed. I also understand that you will prepare the drafts of the easement documents once legal descriptions are prepared. I would like to receive copies of the survey work to support the legal descriptions when I review the proposed draft easement documents. As a semi-related matter, I understand that Mr. Peterson, the Town's engineer, will issue a change order to Peterson Excavating, Inc., to construct the Storm Sewer Improvements berm entirely within the Peterson Property to alleviate the need to obtain an easement from Mr. Olson. If there is anything I missed, please let me know. Otherwise I understand you will forward this letter to the New Scandia Town Board for consideration at its regular meeting scheduled for November 14, 2006. Respectfully, Robert H. Collins Cc: Client r- j. %. • Ci _ • --- --._. -- ....._______j ;. • 11 '',-,0- A ' -,-- - i i 4� 1 ,s „�. j.. e6* 1+ ;.SAY ''A'„'' at (11,S‘le) I tt5<* - i fki ifill4 ! ;: ' ? 'k K Yf. 4' '� I � a I DRAINAGE AND UTILITY I j • 1 i II SAC i #_t " rv� 1 , t�% 4 II HEBERT AND WELCH, P.A. ATTORNEYS AT LAW TOWN SQUARE 20 NORTH LAKE STREET,SUITE 301 FOREST LAKE,MN 55025 Phone: (651)464-3397 Fax: (651)464-8664 DAVID K.HEBERT MICHAEL A.WELCH November 1, 2006 received Ms. Anne Hurlburt /( - 3 - 0(� New Scandia Town Clerk P. O. Box 128 Scandia, MN 55073 Re: Hawkinson Business Park Drainage Project Dear Ms. Hurlburt: Enclosed for consideration by the Town Board at its next meeting is a Right of Entry Agreement and letter memorializing the terms of a tentative agreement between the Town and the owners of Lot 5, Block 1, Hawkinson Business Park for additional easement acquisition and compensation to be paid for same. Sincerely yours, HEBERT AND WELCH, P. A. /01-14 David K. Hebert DKH:lp Enclosures cc Mr. Robert H. Collins, Esq. Meeting Date: 11/14/2006 Agenda Item: 3, 6 Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Approve Utility Permit for Frontier Communications for underground telephone service under Ozark Ave. to Prairie Restorations (Lot 4, Block 1 Hawkinson Business Park) Deadline/ Timeline: N/A Background: • Ordinance#39, as amended by ordinance#42, requires utility companies to secure a permit from the Township prior to installation of utilities in public rights-of-way. • Town Engineer Tom Peterson has reviewed the application and has recommended approval. Recommendation: Staff recommends that the Board approve the permit on the condition that the $50 fee is paid Attachments/ • Letter dated October 18, 2006 from Frontier Communications. Materials provided: Contact(s): Frontier Communications, 651 257-3151 Prepared by: Anne Hurlburt, Administrator (t:/board/reports/11_14 2006/utility permit frontier) Page 1 of 1 11/03/06 fronli erizens Communications Comport), 10586 Liberty Lane Chisago City MN 55013 . '., 3-1 DATE: l0 /Y `' G ___:\ New Scandia Township OCT 2 3 2006 14272 209th Street North New Scandia MN 55073 NEW sc .NC�iA?CWNSHIP (651) 433-2274 (651)433-5112 Fax PROJECT #: Z1829 . 2,v5536y Application is hereby made for permission to place, construct, and thereafter maintain: I. Type of Utility — General Description: 8,44 t I' 7G c L/'.d/v.✓ r<: c A4 t L` To /04 4,4/t A cc'S 70-4.4 >.a..i uNde/t d zA,LK cA/ II. Work to begin in /0' z-3 o 6 and completed by oG 3o v 7 • Application Approved: Application Submitted By: Frontier Communications 10586 Liberty Lane Chisago City MN 55013 By: 6'1'71 e Name: (hi_Hori. C K..v or vv-,.i s-1 co ` )t ram/( Title: OSP Engineer Date: I V 2/6;, (651) 257-3151 (651) 257-3397 Fax ; 4 t. e r r.-:,,I.• ii.r•r. ki;.;.� , 2t011 'n 1 k'N 2f01A ST. ,•t' //i I�., S ',a,; �� ;1�:,;,;, !i•1• 2Pon I/ ��� —_— A /fir :4 S7 = r .N. _ �g{ '? Sea 1 6 / ,. ,, (' ,:f,1 , 2551 h all!: 1 �' o /-� 2S01N ST. N ( y. a', tsou sT N— V. �fh g t` <+q i ` ---- 228th n� �. yr % 9°- t r llr ",'t.,S � `,,,,,,,,,t, = z2mN - 7 •` ' •,•3'^-�, •f rt.rn.. • 4 .eid• 7 8 p Goosf' 1P IFe 9 L I ; L ." 1.;.'7 � •1,:1 _ _ ;� : ,� _ <I o t,`, 22DIN ST. N. �� .,o .� ,� It r, ,,..• . i — g% SCANDIA1 t �a+ 1 a t, ,,i.' ..'y - 2181 ���,. „ ,• 'I \'` . �+ 17 16 15 ' I. I 13 18 �� �'4•�. �r�` .. .:. • • ,.• ,8 •, ��ii Germon o 1 �/ .',..';r! 1 SAlelds = -� SCANDIA 110. ! •,_.'�.- rYf•. r.ij." ti.1 oc i` `m I 4,y -�:,y , µ.. f,�,k 22 23 24 ,;1 0 T. 20 i7' 21'f a° 22 23 (ti2i1/ Yt i s' 41'�;�. ''�� 9 P� �� 1s W ; . 0 C •o rl v '' iaC':_,•1C01 Z. 20 ST. N ` 1$ylYen 1 �P ��\ k �• ' 1?;r rAII if ... ,.... ,N Si N mo • • i LAK' 8 1 4 Sand �. ant:, •; 1 '.. • __27 26 25 N a ,0 f.,..{c' %Nil r FO EST K' 1 C Rossmusen \it,' a \ 11 t • \ !'ond r rxnn s1 NY \ � LongL � -/-/--- .( wnirrik,„ 1 Blp, �� L Marne , ^ I d 1 R.I + 7 34_- I36 "2viH!#Lo e / :>'•, t. , , 1551n -- Y� .,), ,, . le Ieo,nST. J t .' - 1 �l t 3Tp ' Mari On 1 r' '�'/ \ , 17111 1 ` , 3 2 I o 6 [o►o le. ' �4 3 re 2 1 7N. `4441 o M0, + 1`� •• P W y = = I101N ST N. 0 OLD 4� I / M ��f �I�O t L. 0— I IyaiWl,SiYi.t rr.t�A1 L , °9.� 1829 I I1, , . ji4' i 7RI 9 10 `� 11 jL/�f 1�D//� ' ' yi,L:, 10 �Borker nf,,� : I , • ..•. .0 i Cr'— ('� I !\,�f(� Turtle "' MASON I '• ,71N Si N l' 1 •!� \�/ L. rd � ,,4 �i .IS511 ST N I Maplr j 1919ya ,,,t1 N. MAY 1 Ifrro.m : 13 IS4IA r , `T,,15 14 13 Marsn (,}a s 7' 16 15`I L 14 z152.eT N ® �/f- ® $ 7 ,,��� :9,� '� O - a 150iA M, - _- OSILUNO TN N. _ ( -1 q T-_ N f IBaf�_y.l R ` 1 (•4)/ I VIA S( N' ® L: R .t�.ei 95 G 2U� 21 L. L Cy z 1> 20- \ 1 A. '' 22 23 73 24 ______,,,i _11,....4;6:..4,..1,,,,f-- r 4"0(,,,sci.... _.. 7, , w - - 8 0 25 r l) 27 _26 s $� . 30 29 2B At '� 11iwln �`�30 ( i I"1J $1C110 ) e"� souANE r .0 J 4846ll1 ` • 5. Long �- L Cornillonl ® \ — : ilk n, 1— / a Goggins '''4.1.L' II 36 Ilk31 32�ff;' N 4, - 36 1 31 t 32 , 33 ® 34 Z. :. ,9. da al SIN ST N \4 7 o I /�mn" 120111 ST. ' I--0---e- - i, - , . .-.-, -__ ' - I .-. _,_.•-.-._._ - .ro '�� G. Little \L. Iiu5r8 igi Works lIN II - Cornell / : o Monr,i r. \oepar Rlerll ',1 N ST N L, ,ko � \ �• 4 3 �� 95.j ‘V• 3 21141157. 6 ' i1. 21I gX2 r Bent ` _ v I a 1 L. ((�� �P IIo1N n. N IIOM se. N. ( ,T ___ kSilver L.I 410711 Sl N eP1.VE' / ( - zjb6C_ )V " I I r { i I 1.________ . , , + - - I • 4 - --,— liA 'Y A S6 �. w Z6 y��, t��a ,' Pi— if INN OH VH DeV �Jd El �d 3d OO H 0 N 0 3d Ia1Ml -0Z_ H0 V V M/8 V 210 1 Oa0 0 d I 3 ->< '3SIW 30I1dS 13N3 V831 3 11N31 3 ONV Af O NOW 3 IVVV /14 )(-r1 A A A " 310d 310d rA 1N �r7 � ,r"7 , ,,., ( ,,..,r rev V„': I Liao. .,,1 G3orr?Vd i(e-) — 21 ----Tilsk._' 1 I ?c -„V-7, J� _ 'Id kj � AP I L— ( I N O/0 ! I v1,aJz I ' .W .3 NW )J- ;suodwo0 0318118 '1v1a3v -- 1..33Hs JNI VIS ----- — _._.._— Meeting Date: 11/14/2006 Agenda Item: -E 4.1 Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider Posting 209th Street"No Parking"between Oakhill and Olinda, in front of the New Scandia Community Center. Deadline/ Timeline: Background: • This item was requested by Board Chair Dennis Seefeldt • When there is overflow parking for events at the Community Center,parking on both sides of 209th Street may obstruct access for emergency vehicles. This was a concern during Taco Daze this September. • There are two existing"No Parking"signs on the north side of 209th,just east of Olinda but parking is currently allowed on most of the length of the street. • Parking for the warming house is allowed on the south side of 209tn Recommendation: Township Engineer Tom Peterson was consulted on this issue and recommended that prohibiting parking on the north side would be best, if the Board determines it is desirable to limit parking to one side of the street. Attachments/ None. Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (parking 209th) Page 1 of 1 11/04/06 Meeting Date: 11/14/2006 Agenda Item: 2, d s` Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Set a date for a workshop meeting on filling the maintenance worker position and other personnel issues. Deadline/ Timeline: It would be desirable to set a meeting for sometime in late November or early December. Background: Full-time maintenance worker Brian Jemelka will retire at the end of November. I would like to discuss the following with the Board: • timing for filling the position • interim arrangements for snow removal and other services • budget impacts • position description(s) • compensation and benefits • personnel policy updates. I would also like to discuss building inspection services at this session. Recommendation: Possible meeting dates: • Wednesday, November 29 • Thursday, November 30 • Wednesday, December 6 • Thursday, December 7 • Monday, December 11 • Wednesday, December 13 Attachments/ None. Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (work session request) Page 1 of 1 11/04/06 Meeting Date: 11/14/2006 Agenda Item: 3 • 01) T. Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Set a date for a workshop meeting on filling the maintenance worker position and other personnel issues. Deadline/Timeline: It would be desirable to set a meeting for sometime in late November or early December. Background: Full-time maintenance worker Brian Jemelka will retire at the end of November. I would like to discuss the following with the Board: • timing for filling the position • interim arrangements for snow removal and other services • budget impacts • position description(s) • compensation and benefits • personnel policy updates. I would also like to discuss building inspection services at this session. Recommendation: Possible meeting dates: • Wednesday, November 29 • Thursday, November 30 • Wednesday, December 6 • Thursday, December 7 • Monday, December 11 • Wednesday, December 13 Attachments/ None. Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (work session request) Page 1 of 1 11/09/06 NEW SCANDIA TOWNSHIP PLANNING COMMISSION AGENDA NOVEMBER 14, 2006 7:30 P.M. 1. Call to order by Chairman Chris Ness 2. Public Hearings a) Dave and Amy Hume, 14939 Old Marine Trail. Variance to Construct Third Accessory Structure b) Eugene and Bonnie Thielbar, 19471 Manning Trail N. Lot Size and Setback Variances for Development of Lot on Big Marine Lake c) Amendment to Section 11.2 (2)of Chapter 2 of the Development Code re: Cluster Developments/Open Space Design Subdivision in the Shoreland Overlay District d) Amendment to Section 9.13 (1)of Chapter 2 of the Development Code re: Design of Accessory Structures 3. New Business a) Request of Pamela Huberty for Amendment to Development Code Section 10.31 (2)(I) concerning Swimming Pools b) Presentation from Tiller Corporation re: proposed Zavoral Property Mining and Reclamation Project c) Steve May. Review Concept Sketch for Revisions to Emerald Acres Subdivision d) Consider Rescheduling the January 2, 2007 Planning Commission Meeting 4. Old Business a) Review of Conditional Use Permits 1) Keith's Landscaping, 15169 Scandia Trail 2) Am-Tech Design, Hawkinson Business Park 5. Additions to the Agenda 6. Adjournment Meeting Date: 11/14/2006 Agenda Item: , ?) /t 67) 7r& Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application of Dave and Amy Hume, 14939 Old Marine Trail for a variance to construct a third accessory structure, proposed to be barn-red in color. Deadline/Timeline: The complete application was received on October 5, 2006 and the 60- day review period will expire on December 4, 2006. Background: • Ms. Farrington will present her report and recommendations at the hearing on November 14, 2006. • Also at the November 14 meeting, the Commission will hold a public hearing on a proposed amendment to Section 9.13 (1) of Chapter 2 of the Development Code re: the design of accessory structures. If this amendment is adopted, the variance regarding the color of the proposed accessory structure will not be needed. Recommendation: The planners recommended approval of the variance, with conditions listed in the 10/31/06 report. The findings and recommendations have been incorporated into a draft resolution for use by the Commission and Town Board. Attachments/ • Draft resolution Materials provided: • TKDA Memorandum dated 10/31/2006 • Applications materials Contact(s): Berry Farrington, TKDA 651 292-4400 Prepared by: Anne Hurlburt, Administrator (hume variance) Page 1 of 1 11/02/06 NEW SCANDIA TOWNSHIP RESOLUTION NO. HUME VARIANCE FOR A THIRD ACCESSORY STRUCTURE, BARN-RED IN COLOR WHEREAS, Dave and Amy Hume has made application for a variance to allow a third accessory structure that is barn-red in color, located at 14939 Old Marine Trail North; and WHEREAS, the property is legally described as follows: THAT PART OF Sect-26 Twp-032 Range-020 PT SW1/4-SE1/4 263220 PT OF BEG THIS DES IS S1/4 CORN SD SEC THEN NELY BY DEFLECT ANG TO LEFT 24DEG02'BEAR N65DEG 58'E 1222.0 FT TO INTER WITH C/L OF EXIST TWP RD AS NOW LOCAT&TRAV. THEN N48DEG.51'W ALONG SD CEN LINE TN RD 302 FT THEN NWLY 264.0 FT ON TAN CURVE CONCAVE TO S HAVING CENT ANG 66DEG.26'&RADIUS OF 227.69FT THEN S 64DEG.43'W 323.0FT THEN WLY 282.21FT ON TANG CURV CONCAVE TO N HAVING CENT ANG OF 48DEG.3T&RADIUS 332.60FT THEN N66DEG.40'W 94.0FT TO ITS INTERS WITH W LINE SW1/4 SE1/4 SEC 26 THEN S ALONG W LINE OF SW1/4 SE1/4 SEC 26 625.7 FT TO POB -SUBJ TO R/W TWP RD AND:THAT PT SW1/4-SE1/4 S26T32 R20 WASH CO MN DESC AS FOLL: BEG @SW CORN SD1/4-1/4 THN ON AZIM FROM N66DEGO5'29"(THE S LN OF SD1/4-1/4 HAV AZIM OF 90 DEGO7'29" ORIENT TO WASH CO CO ORDINATE SYS NAD 83)ON A LN DEFLECT 24DEG02'NWLY FROM THE S LN SD1/4-1/4 DIS 1222.0FT THN ON AZIM OF 131 DEG 16'29"A DIS 17.26FT THN ON AN AZIM OF 246DEG33'21" A DIST 1142.70FT TO PT ON SD S LN OF SW1/4-SE1/4 DIST 14.26FT E OF THE POB THN ON AN AZIM OF 270DEG07'29" ALG SD S LN DIST 14.26FT TO POB. ALSO DESCRIBED AS PARCEL NUMBER 2603220430008. WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on November 14, 2006, and has recommended approval; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE TOWN BOARD OF NEW SCANDIA TOWNSHIP, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Dave and Amy Hume for a variance. The criteria for granting a variance have been met based on the following findings: 1. The addition of a garage is a reasonable use for the subject property. Attaching the garage to the historic home is not a reasonable option because it would detract from the historic Resolution No.: Page 2 of 3 character of the property. Tearing down either the chicken coop or the barn are not reasonable options because this would also damage the historic nature of the farmstead. 2. Preserving the historic, rural character of the property is in keeping with the spirit of the Ordinance and is consistent with the Comprehensive Plan. 3. The color and design of the proposed garage complements the existing historic accessory structures. The proposed design protects the area's essential character. In addition, there is a proposed amendment to the Zoning Ordinance that would allow this type of design without a variance. 4. The hardship is present due to the unique circumstances of the property—its historic rural quality- not caused by the landowner. 5. The total square footage of the three accessory structures will not exceed the maximum established in the Ordinance. 6. The proposed accessory structure conforms to all setback requirements and other design requirements. FURTHER BE IT RESOLVED,that the following conditions of approval shall be met: 1. That the accessory structure not exceed 960 square feet and is located as shown on the General Site Plan dated October 14, 2006. 2. That the accessory structure's design conforms to the Hume Garage elevations dated September 12, 2006 and that the exterior is barn red in color. 3. That all fees are paid. Adopted by the Town Board of New Scandia Township this fourteenth day of November, 2006. Dennis D. Seefeldt, Chairman Resolution No.: Page 3 of 3 State of Minnesota ) ) ss. County of Washington ) I, the undersigned, being the duly qualified and appointed Clerk of New Scandia Township, Minnesota do hereby certify that I have carefully compared the foregoing resolution adopted at a meeting of the New Scandia Town Board on November 14, 2006 with the original thereof on file in my office and the same is a full, true and complete transcript thereof. Witness my hand officially as such Town Clerk and the corporate seal of the Town of New Scandia, Washington County, Minnesota this day of , 2006. Anne Hurlburt Administrator/Town Clerk New Scandia Township ATTEST: Town Clerk T 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: Planning Commission, Town Board, Reference: Hume Accessory Building Variance Anne Hurlburt, Town Administrator Request New Scandia Township Copies To: Dave and Amy Hume Proj. No.: 13582.014 From: Richard E. Thompson, AICP New Scandia Township, Minnesota Berry Farrington Routing: Date: October 31, 2006 SUBJECT: Hume Accessory Building Variance Request MEETING DATE: November 14, 2006 LOCATION: 14939 Old Marine Trail North Southwest Quarter of the Southeast Quarter, Section 26, Township 32 North, Range 20 West New Scandia, Minnesota APPLICANT: Dave and Amy Hume ZONING: Agricultural District(AG), Shoreland District ITEMS REVIEWED: Application, Site Plan, Letter, Historic Documentation, Site Photos, and Proposed Accessory Structure Elevations. BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests a variance to allow a third accessory structure that would be barn-red in color. The subject property is a 10.29-acre parcel located at 14939 Old Marine Trail North. It is zoned Agricultural (AG) and is within the Shoreland District for Sand Lake, a Natural Environment Lake. The property is the Applicant's residence and hobby farm. The proposed accessory structure is 960 square feet and would be used as a garage and workshop. For a parcel of this size,the Ordinance allows a maximum of two accessory structures, and so a variance is required for a third accessory structure. The Ordinance requires that the accessory structure resemble the principle structure, and so a variance is also required for the proposed accessory structure to be barn-red. BACKGROUND: The New Scandia Township Development Code allows the issuance of a variance, "where it is determined that, by reason of exceptional circumstances, the strict enforcement of the Zoning Regulations would cause An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Hume Accessory Building Page 2 October 31, 2006 New Scandia Township unnecessary hardship."The Zoning Ordinance considers hardship to mean; 1.) that the property cannot be put to reasonable use under the conditions in the Ordinance, 2.) that the hardship is not caused by the landowner, but is due to circumstances unique to the property, and 3.) that the variance would not alter the essential character of the area. EVALUATION OF THE REQUEST: Number of Accessory Structures For parcels that are 3 to 20 acres in size, The Ordinance permits two accessory structures. The request is for three accessory structures on a 10.29-acre parcel. The Applicant describes the hardship specific to the request in a letter dated, October 4, 2006. The two existing accessory structures, a 1,800-square foot barn and a 288-square foot chicken coop, are used to house chickens and llamas. The Applicant indicates that the barn is not suitable for storing vehicles, and so the proposed garage is needed. In this climate, it is reasonable to have a place (garage) to store vehicles. For this reason, we believe Condition 1 is met. A variance would not be required to attach the proposed garage to the house, but the Applicant indicates that doing so would harm the historic character of the property. The Applicant's research finds that the house was built in the 1850s, the barn in 1929, and the chicken coop was likely built before 1929. Together these buildings form the historic farmstead. To remove one building in order to meet the limit on the number of buildings would harm the historic farmstead. In addition, the circumstance unique to the property in this case is that the house is an historic structure, and there is not a way to attach the garage to the house without harming the house's historic character. This hardship is not created by the landowner but is due to the circumstances of the property. The Planners find that the addition of a garage is a reasonable use of the property, and that removing one of these building would adversely affect their historic nature of the farmstead and the garage cannot be attached to the house without detracting from the house's historic character. The Planners find that in the case of the number of accessory structures, strict enforcement of the Ordinance would cause unnecessary hardship. Size of Accessory Structures Parcels between 10 and 20 acres in size may have accessory structures with a maximum total of 3,500 square feet. The square footage of the existing barn and chicken coop is 2,080 square feet. The proposed garage would be 960 square feet. The total area of the three structures would be 3,336 square feet, within the Ordinance requirement. Building Design and Materials The Applicant requests a variance to build an accessory structure that does not resemble the principle structure as required by Ordinance. The proposed accessory structure would be barn-red. In addition, the Applicant proposes to paint the existing barn barn-red, thus creating an integrated farmstead. The granting of the variance for appearance of the structure would not alter the essential character of the area, because it is consistent with the historic outbuildings on the property. In addition, the Township is considering an Hume Accessory Building Page 3 October 31, 2006 New Scandia Township amendment to the Zoning_Ordinance to allow for cases where the accessory structure does not need to resemble the principle structure. Accessory structures on parcels less than 20 acres in size must have a minimum overhang of 1 foot with finished soffits. The proposed structure has an overhang of 1.5 to 2 feet and finished soffits, meeting Ordinance standards. Setbacks The proposed structure has a front setback of approximately 225 feet measured from the centerline of Old Marine Trail. The New Scandia Zoning Ordinance requires a setback of 100 feet from the centerline of a Township Collector. The proposed accessory structure is not closer to the road than the house. The proposed site for the structure is outside of the rear, side and front yard setbacks. ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planners recommend approval of the variance to allow the third accessory structure as proposed and to allow the proposed garage and other outbuildings to be painted barn-red, to be located at 14939 Old Marine Trail North. The Planners determine that the criteria for granting a variance have been met based on the following findings: 1. The addition of a garage is a reasonable use for the subject property. Attaching the garage to the historic home is not a reasonable option because it would detract from the historic character of the property. Tearing down either the chicken coop or the barn are not reasonable options because this would also damage the historic nature of the farmstead. 2. Preserving the historic, rural character of the property is in keeping with the spirit of the Ordinance and is consistent with the Comprehensive Plan. 3. The color and design of the proposed garage complements the existing historic accessory structures. The proposed design protects the area's essential character. In addition, there is a proposed amendment to the Zoning Ordinance that would allow this type of design without a variance. 4. The hardship is present due to the unique circumstances of the property—its historic rural quality- not caused by the landowner. 5. The total square footage of the three accessory structures will not exceed the maximum established in the Ordinance. Hume Accessory Building Page 4 October 31, 2006 New Scandia Township 6. The proposed accessory structure conforms to all setback requirements and other design requirements. The Planners recommend approval with the following conditions: 1. That the accessory structure not exceed 960 square feet and is located as shown on the General Site Plan dated October 14, 2006. 2. That the accessory structure's design conforms to the Hume Garage elevations dated September 12, 2006 and that the exterior is barn red in color. 3. That all fees are paid. NEW SCANDIA TOWNSHIP 14727 209w Street North,P.O.Box 128,Scandia,MN 55073 Tel:651-433-2274 Fax:651-433-5112 APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Name: 4.1M. k-k-wm.,°L,.. Street Location of Property: \.(4,Ct Ot. t d ikkeLV V2 t 'cut Legal Description of Property: S CA.)` I t( S '(L( s c_ Z Co t 3 Z t Ve-Z.z La- (Ape , w GgLx% (o _ Parcel ID(GEO Code): ell L -s�c2 0 (- j Cf)Q C) g _ Property Owner(s): Phone ro) 516 u133-tkZ53 Address (bktQ 5,'kQC tLto x2.) itketz q a td ivlo uAa 1°AI � M.4+t+k.¢ cam. 43k- CAm3+ 5�� It4 SC-0L-e email: nn �l�wl 0�1M vv, C©W�• fax: Applicant(if different than Property Owner): Phone Aatss aN ti 4+rX s tit r Ems$i#*? DESCRIPTION OF REQUEST (Please attach letter): 5c.,,e_ cL0.94.4 d C�.T `C ' CD(e TYPE OF REQUEST: I] Preliminary Plat Public Hearing 0 Conditional Use Permits for New Construction [] Minor Subdivision a Conditional Use Permits in Existing Building XVariance Public Hearing 0 Other • Present Zoning Classification: 4S.,40 v%c k„) RECEIVED Existing Use of Property: G ti All requests for Planning Action must be accompanied by a completed Check4i4EA;r7MIM TqWHSHIP appropriate notations of compliance. Applicant understands that all fees incurred resulting from the review of this request will be the responsibility of the undersigned and will be paid in a timely manner. Signature of Applicant: Date: I — Accepted as complete on . by Approved Denied Planning Comrnistion Date Approved Denied Town Board Date LEGGETTE, BRASHEARS & GRAHAM, INC. PROFESSIONAL GROUND-WATER AND ENVIRONMENTAL ENGINEERING SERVICES 8 PINE TREE DRIVE SUITE 250 ST.PAUL,MN 55112 (651)490-1405 FAX(651)490-1006 www.lbgweb.com October 4, 2006 Ms. Anne Hurlburt New Scandia Township Administrator 14727 209th St North P.O. Box 128 Scandia, MN 55073 Re: Variance Request 14939 Old Marine Trail N. Dear Ms. Hurlburt: Thank you for meeting with me recently to discuss the New Scandia Township (Township) development code as it relates to a garage that for the above referenced property. The purpose of this letter to provide Township with the information necessary to consider two variances of the Township's Development Code related to accessory structures. My wife Amy and I are proposing a one-story structure be built on our 10.1 acre property located at 14939 Old Marine Trail. The structure will be utilized as a garage and workshop. In general,the variances were are asking the Township to consider are as follows: • The Code allows for two accessory structures on parcels between 10 and 20 acres. We currently have two existing structures (barn and chicken coop). The garage, if built,would be a third. • The Code also states that accessory structure be built to conform to the primary structure or dwelling on the property(i.e. the house). Our proposed garage will be built as an outbuilding in such a way that it conforms to the barn and coop and preserves the historic characteristics and integrity of our farm. First, a little history of our farm... LOUISIANA•MISSOURI•ILLINOIS•SOUTH DAKOTA•FLORIDA•OHIO•NEW JERSEY•PENNSYLVANIA•TEXAS MASSACHUSETTS•WISCONSIN•NEW YORK•CONNECTICUT Ms. Anne Hurlburt -2- October 4, 2006 From the information we have gathered,we understand our house was built and homesteaded in the mid-1850's for a local lumber miller, Frederick von Lammers. Lammers settled in the area from Germany. Prior to moving into the house, he married Helena Nilson while living in Taylor Falls. Nilson was the daughter of Daniel Nilson who was one of the first Swedish settlers in Scandia, and is considered the "Founder of the Scandia Community" as stated in Scandia Then and Now by Anna Engquist(see attached pages 12-13 from Engquist). Lammers was asked to move to the Scandia area to operate a mill in Marine. According to the tax record, Lammers was given 100 acres and the house located on the south side of Sand Lake. Lammers eventually sold the property to the Erickson family in the late 1800s. Although the 100-acre property was partially sold off over the years,the Erickson family owned the property until we purchased it in 1994. Past 12 years... My wife and I purchased the property and house because we were looking for an"old house" in a rural area that we could preserve the historical character. We have spent more than 10 years renovating the house being careful to keep this historical look and feel. We have attached pictures of the property with this letter. The barn is 30'x 60' and was built in 1929; the chicken coop or hog barn probably earlier. We currently have livestock(2 lamas and chickens) that occupy these structures. In addition to using the barn for livestock, the barn is built in such a way that using it as a garage for multiple vehicles is not practical and would require modifications that would destroy the historical integrity of the structure. We understand that if we were to attach the proposed garage to our house,we would not have to file for this accessory structure variance. We have consulted with local architects and have considered attaching the garage to the house. At this time,we have not found a suitable location or design where an attached garage would work without severely disrupting the views from our house in addition to destroying the historical integrity and look. In keeping with the agricultural feel for which our property is zoned,we have designed a garage that will "fit" this character and match the other outbuildings on our property as well as others in the area. As shown by the plans the garage will be single story, saltbox style and finished with barn-like siding and painted barn red to match our other outbuildings. Please note that the existing barn will be painted barn red in 2007. Thank you for your consideration regarding the variances. Sincerely, Dave and Amy Hume 14939 Old Marine Trail Marine on St. Croix, MN 55047 (615)433-4254 dave.hume@lbgmn.com C:\DSH\Garage\Variance letter- New Scandia Township.doc n - ^). (_. --.‘Alituiapi--- k Sandahl moved farther west in the summer of 1851, and he ''' later returned to Sweden where he died a few years later. 3 7 Fernstrom stayed on in Scandia until the spring of 1852 when i 1 he left on a log raft for New Orleans. Subsequently he paid several F visits to the Scandia area: in 1865, after a visit to Sweden, he called on his old friend and companion, Oscar Roos, in Taylors Falls. He visited him again in 1898 shortly before Roos died. 1 I Pastor Theodore Kjellgren of the Scandia church reported that ii Fernstrom stopped by for a pleasant visit in 1903 when he came to see the monument erected at Hay Lake. At that time he was a Iresident of Lone Tree, Iowa, where he was engaged in farming and i banking. 1 j Daniel Nilson, who bought the property of the original three settlers, was accompanied by his wife, Margareta Elisabeth, and 1 three children, Helena, Kristina and Peter. Helena Nilson became the first Swedish bride in Minnesota when she married Fredrick 1 Lammers on September 18, 1852. '' Martin Forsell has told the further story of this first Swedish I bride in Minnesota: When Helena Nilson married Fredrick von Lammers, a German nobleman whom she had met at Taylors Falls, the marriage was performed by Rev. Gustav Unonius, a Swedish Episcopal mission- ary clergyman. The wedding dress had been made by Mrs. Martha ,i' Rosengren, a neighbor whose name appears on the charter list of the Elim Lutheran Church of Scandia. '`. _ The young bride moved with her husband to Taylors Falls where he had built a house, whipsawed from butternut logs. There they lived until about 1865 and there were born eight of their children. One of the last battles of the Chippewa and Sioux z. Indians was fought in a valley, apparently on the Lammers' farm. i< It caught Helena and the children on one hillside, and Fredrick across on the other. A great number of arrow and spear heads, as I, well as battle axes have been found on this land,and some of those F. 1 I killed were buried in a pasture on the Lammers farm. For a long {` 1 time afterward the older boys kept watch with a gun while the 1 I family worked in the fields. Mr. Lammers was a man of considerable business acumen and [1 was soon operating his own logging camp at Vasa (Copas.) l'' He also served as assessor for the county. A Mr. Sabin, a lumber '-,, First Swedish Settlers operator at Marine, offered Lammers a free farm if he would move r 12 I {� i , SPA cY - .yRzi ftdi 'Pi...A; we, r Mr. and Mrs. Frederick t t•., Lammers(first Swedish ,t. bride in Minnesota) µ`Q � .kto the Marine settlement. This brought the family. to the south At'' /J�, �. I en-c—o1 Sand Lare o�y a mile from Helena's girlhood home. In 4 Q 'F Ithis home were born.seven more children, making a total of fifteen in all. Sand Lake (now the Merrywood development) was rated as a jewel even in the early days. Mother Helena carried water from the lake to the church so that her children would be baptized in the clear, pure water. Possibly the happiest occasion at Sand Lake was the visit of Jenny Lind, the famous Swedish singer, who was a friend of the Daniel Nilsons (Helena's parents) from their former home in F Sweden. Her concert tour to America brought her to Stillwater in s 1880. The enterprising Fredrick Lammers bought the first rubber- tired buggy in the whole countryside in order to convey "The 1 Swedish Nightingale" to their home. There she visited for a week, and she, too, enjoyed swimming in Sand Lake. E When the family was grown, the Lammers' moved to Stillwater { where Mr. Lammers hoped to retire, or at least take life easier, i. but on the day they moved to this new home Mr. Lammers died on the doorstep, February 12, 1896. Helena spent the rest of her I days in the new home he had provided. So ends the story of the first Swedish bride in Minnesota. The beautiful girl's adventuresome life is typical of the life story of s early settlers in Minnesota. They left a heritage of industry, honesty, fear of God and love of country. First Swedish Settlers , tl 13 11 t F tr t 411, r7t ��iw• '."F,y �S•, i '`,# + , n `1 - ,.r<:'.'-�y 4- • I Y �ttl'• pia'A �y� • lA •''S? 1 f• X. h o i''.: i a • 3 "' 4 ' sr41i 41 ! I _ c r 8f t a• 444 7 is Y ; + — 4,,,.. —s . . ,•....44,:r.•$1144 .', !!. ..7 ''',-. .!'. ':! ' ‘kc.i,'tirA„''.—...--' ' .-' !' tr • - ' -!''''' i•:-4--,..."..• . -..t -.*:". ---'-- -:.-- A . - "1".- .4Pii-flp r'''''''' e .. :,-..k...:-..--,.,-, ....- , • ...,.,-.... . . i t „ ' . - __--'.' - .--.- , c,7411i,,;r•-•-•'- .•:::: .1 4 , , . ,...,... ,.._ ...„:,. . ,.: , ._._ .. .,,. 1,„ . . i,_ , .....„....,:„., .-.;-"A:''-• .. • -'!.*-- - -= - .!.-...., ! '!') .. '.:;,--,.''',!!!4.4-!!!..4itfi:,-;,.--..',--- . -•. .!, ,,'. 4 , •, , :......„.„..,e,,,:,: ,_......., ,r,, . • ,,,,.• , ..:...,.. .,,..,,..-:„..,‘„ ,„ ,,,. . , . •• 4 ,_ ,......., _ , ,,,,,„ . „ ,-,_ 1. .-_,- '.---,-,e 1 7.-.7.2.4c.-..''• -..",:. • . .)'t , . -`*-S--.*:-- V;,-,-.441,..:.''..q'''-''-'. si z !-� a _ 11 1 S �,- t ., �, , j ' r�' `a' 'tea .`.`a� vJ * 1s X• r' a L qY C J ''.ZL. rya `C. }$ y 1 �`.' t •F ;. . e �'(" 'Y^3 i J. 'e►«M�(s�5 ,R�'�, f.+ { .3„ �' k'�§. t -I-1....,;LoK,1-, :;.. s.,,,*,,..,,,,, . :Ve44,...,,,,:t:INI:f,:::::i ,,,,.,.,, 4. .. , .. ... . -:ittaaaillai . ,...—witralall”"- - ' "-., ' i-i'.--'4,; '.i;'.,-\W•at..60"---. tom` `' . ;i •u , }-f. .,„,_.,, i .y s'� 7 ,S. P '' gfa,s.�e • j stir t-�"4' _ �rv1 * 'ice r 3 ;.y -, `. �' ! i _•"'3 n{ `'idj, ` .._ _ �:'vt - • ac ,x,ran ' .¢ ,. N „_,,_. • t...„, •,,,,•,• A ., �` � � T��„ ,,i �"kS ra # , s ` I • r a s 'E .kit 7 • i 3 • r.e v4 " '` Z�.. :� ? =1 fi ; '- ' - '. '''' ' ' ' ' r..,4.--,.` -"1,..4'i I: I I__ ' '",••.i-', '"''..,:'0".",4*-`,.-t(R.,4-,,, ", ...... e d `i., t `s ��y YYY y ,4 ifs"+ti 1 i ° _ r, , s b 4, u < ia,44 RR ,�.' 5 yy,f. ram/( ■■■■ �.` r ` '. -- i rx_ a ti a•i '�-+tzy r'y4 _ le • .fin_ - �+ _ .. y�- • LL.y , .. .� • • :.S st C. c v 4 - - �. ._ f ,� - ,,� ,,, -, .s ! t -,, - - ' f `,.a y » ate. ,..e. M- ` "fig, ,mot ' J ' - _ - ' i i ID ii! ,a11 „ ; ,,',11�1� • i X fry bb ( R . t . - of!,I:. 1tF :{r,-, e ••' yam - ,r'i{ 1 ' _ -- r �. -fl riY' 0 r `',1 t -1 ; . t - . I . 'z z aS \ e_ — z • cJ7 9 z..4-..-4.:‘,...,..41,76.,:7-,,,,-.7:7, i ir•- pp�•• f- ." ` , � ' ,tie QY i' - -_ rye, i F d . . O --44- .� r {�� t i `}3 -fit . . • ...2 11111.111ft E 1.10 -, ... U t 0 4, 63 toil ,..-1-:- 5,,z----; up Ai .:,..., Fl oe. z -0 ..-, "E g 'E.p fia.R E..°'• q 0 :: in g 0 411117.-,:A. ILI :1 Z 1 F LL.1 Zoi -J ,.,- .:,01 .0 .,.. .,,, ..1.; .2 2 7.. 0 Li b .c Z gli mi r-ri 1/40,:,,,-.• u. ....„ e;.....--el ‹.- co. U)N CC sr C.0 co <.- O...- >,••• ,.".. ,...;•,..._ n, §111 3 '- DR I fa. n8J 1 9 0 0 MI I 1 I n ,t' ‹,< N -fricurr7 LITT-A\cf. a \rk. r , \*41-' ,. .r.,.f.,-%''--',,t-c.:-.1.4,11-- ,:.''''.,,.i...-., _----..:_,,,_..., __:_ jii:T..J;ijijji ,,----.-4,7 ,.,, ,.,,,., -.- ..4,, ,,,,INII -. - ',,=•.--'eV ''''---- -'\,,,,„ (5- (....., ,*-Ti......,.... . ---,,„.,,,...,,...,,,,, ..64.,:::„*......,,,,,,,,..., I v.si . ----- , -121,.4'N e-;.---Itiiiar, ---- --7r: i...---',...117 ,i.411401_1,--tvAl'I-;.,•,;:4:•--, !- Z till!' I !VW I --- 1 ii , ,si.,- . IIIEEMi-''' E .I'W'11111 1 Ili • Airi ' , 7-trA...........,---- iii „tun mai Z !all. mill Nifii-rg / ----- 11 ... O , ' ,,,ma.,..„..„,.111,04,4, , .1117 ilier.lii'- Illagm.,11., , .*„;,,. -,raf„:*-., - ' ,,-:4. CIEHOMEAM.,RF.L4N g,r1SIPPZiii•;I'''' '' -1:81,§074 '----- ----i- 111N1111111 H ,IIIIPIIIIIIIIIIMIMI.P ,?a4'tl,%MakailaWfir 1111.111111,!41--1 ,. - Z PI 4111111M, 11111141MIEVVRA,inliginPiPtitiall nun 1111prenglittaminialogasig-fia: C[ ta Immi . ...,:j 7- .R mekkgg.EMESIASAINIErt,''Immo, 1-11.7.I. ix isi iiitim-04-, i of,,,ult••-Y/... 'Z'''''`L''':: ilil P' ; ..4 • ' ,4:4114-11: D is_________,,_i__,-;„,4 • ‘1,14:7..nograilied ...1 -4•Iwrkroqirzi.i-4--- qai=twitoppik 0 'VIM 1.11111F6'.-,.i.'4iili.laWIR . ,:-.71.1ii latkvan..:&. ;-,-.4:0;;; NNIaTo. • ja ill a - 1 .'%.-•#-1011 11-2. ....,.. '...44,- 'TA. ,. ., A r i t li I-110 i 2,_.z Ill , _ Airi..z.,-ifkitgui tr- imi_ I ,, , Es in, ti, ,,,,i... 44.i._1-...qii ,,1- • -AI N XV,,,,,iWt00:014!-g 4$11Tll41,1.1kire,A*Vx.,VA LL I. , .0 lb I Iiii ''‘VilelAiricli4, - I Me.. Mr :*,0,, ...A:*-. NI .-- lie . _ :______. haw l''''N't1A 'V. '.,,-- ,.• N, ' 1-- -I- .-am 1 1 Wit_tollN ,.!1 k,,,,it .1 'r iimmill."11, ,.• /- Oka um au --%- --'• : - ------(4...44'8'----2 Z int: 1 illiar".' - 11,26** itillia Nthi‘,1'4,%.1.7.s3'"`"Nt..!.. iliiiiii pm I Rim. 5 01111M V '. 'II ; rd ° iiNiC 114.k4f.Y.i..W"7:7`77.10ei:r , ,,,„„...„,„„..„..... „,„,:_,..,, k.,.) i-vt-7.v. iblipm i """ii , , le 1"1" "1"1 ,Allokk. 4...,4:41. MN It ,ii in , , WNW I, -4,,...,,..0 4 ! , i-- be.00\41 11 rill., •I•- --,, ! , iir AN ' 1A-4,,,, *move-_or IT'••VVWX6•`''''"F%-'•rit,%,..41.91-i: IL111' • A i. r, , 11.. ko--v _, mi........1..m40...4.0 .. _ ! ..... , . vt. ,...117 s,..0.fitaiLiceowsgy47,-,:. 141!Fiji Irditerr •,'.7-rr.vo-APf Blikvq.-,::144.,,,,v.t.,-__7-,..7; Mlilfilitil 1 1 • .,----, --lit •,,„. , 42 i..,.,,,:,,,.;. ....-t,,,,,,,A ;„,.. Z 11611111111.mywisimos.• , ,....,..pii 10..,:_i: ,\ \ ....1 IL„:7 „0,,--1,,,,,,,A,,,,,.3.:,1W . PligNit4.14:YkIll. 6 , ikk .....,...,,. -Aik si i„mmill . , 1.-.E.--,..:..::':::.A i.,,• 41' f ) --i-, IM.1,-,:.--0.-At.'!-1 i _-- i----• --- 1.0.-,- •N.--,,-.1,-;---4,- -,. Ni :?,- II riffiliN1."1-vaiViNviNe.r, k Avt:::,'..-.;-_, ,--.-„NcA4 „r, ..‘„,,Noikt,_•ii.: .--i-.2,-_,,,,.:... , g .. .1\-4-.." A0‘.. .tii v *vt.--,-t:',7,...:....f.,;,--,,,,%,...0,- `.'0 -.:(::.-'-'2---,:,:,..'.4,4-.::-.4i;.",,Nfaxev,i a ' o'''. oft . jar,----".•"lk-40.4 ,Atit,,A-,4-1 ts11 ,-A ',Zi.,,i--iji,Z.'-'4';:>,,tr.iit.:i.7.-m...... "-, -,i.s4xim". -,I• ,•0?' 2\\774.te• :4...A--1 ,1K5,,y...-.'...--.f..:.,..,47.4.4*• -A•:• 2 1,-14,.1t•Tit'Al-' :-'k ff.,mg amp,.--.- ', -luv \ .4V1;`" '‘ Ps.11;ft: f4'73 .'!•,':g,%4P-4",if.,,ri:i..-t- W l'VraiiMil ' ial ill " Wil : . ' k )1 eik4,..,,,,•,-,,,A.v..45.t.:7.-.:, z 01., ,..,..- ..--..,..,',4:42. LETS:111 ' * • t),',..;k'ii ,•-•4kir..-.si';•:,-i`a•IL---44r;;;,f., i , .-,47-.-s-,:-zwi.a.f4im**--.- i ‘7,-,'•'•ftWs5-'11-0-,-,ihr..44:,-•,,. ,, ,,' 1 ---.,, . , ..---1,—... I, !<,:,*.;'' ''''!"..;,..,'7,11 •=4,,,,..*.jf_ tll 4,,'.5,„.• 11,11, - . ''' .- , ';',7 -• - AX : ,.'i ,..44,,,..,,.e 1 -lb i itik:._-.7, ..---,,,,.. N•ik • "111112111 I iVt VOTIRLIli'-.''..'''Ml 1 4111111!.. nage:A'1411111. 10.jtwill "Pt allaill•n.-11M-gfa),,elik k.. !- i ''S • .. Mira'...., :11111411,414104 TEL At 2 1"'" k IiMa VS Ws= . voilkligif Aw Vic&--g-,-Ts'4.`,4 s, ... nip 1 IIII s II ('- i Illillite "%a siN3 'Xiktt‘-‘, 6 rii tAt. i .F., itd,i'‘ 'k•-• -A. g" 111.14:n 1111.1r0Vvi\;Nt't‘ I ,,. ' .• . ''' ikL iiir.ft N.-itetailit lilt IN OA ._ int ,-lui ,wiakvano, ._ _ . ,ita.'' _.1.,..o. )2r--. ... .,...X1717 ,..':'• . . . .... i• , .• i . • . .,....., .,..: .1).:: :?; .. ' . ., L '''..,:".. ..t.,1 A...1".i.:. , .ii.;jj)tg?,..fi. . .IA -:......c.,'.':.. , '' :.. •j.t ,' 1 \ ' . .., • • s.,,f.,_e.' •:‘•;;,..1*/ 4-4•'.'li •.. —• '..i "i.••,T1',.1 •• • •—..• • .' 7:... , ' i'.:,....:,....:f ''.. .:,..i<f. -.:!:..z:•,1•7.',1,4110t. :f5:-::tt..k.v,c;•....4T „ ,‘,. ,..... . .... • • • . CERTIFICATE, OF jAMES"P.;siMoNer .: • '''• ...,"::,, . • • STILLWATEgt,;.MIONESOTA,.1.: , • . Mint' so'......'ts iiiisiet'''''';(1..4i0. itOv..".4 .:140"i'''ilitt • . . , . . Wisconiin.lte stored Landiturvoyor No. 8401 , . c;.... ' '..`•:.•zi..ft, :c /Ulf'r. .42( ,i2.-'..•:: ; :,•• '. .. •... .• , • ,'_,...... )•'•' . ".• .• : . . On W.Y.O. .•:0. 40.7:•1'Y C14 :%. ...,*:=•;'1. • • . • \ . , 1 jc c N.2‘ . . .,,• :''''"''-'-' - :. .1:. . • . • ). ;-- 2(4•,p• :7., ' ,-. .A 4837 ,. 13.Z.Y. •A.001!),•• • • . / T•Alltd" 1. 3.0 ;:••;. .....- ---.--- .. .,,,_ ' •.7'. ••t• ; Z. 282,21' \ ....,--44 3' kJ) ,-- •-•!:,:...6,. 6-6.--2,:••:-:-„, ,•„-,..\\\ .., .• '';''f;*"4,- f / . '..j.72..60" . .--,4,1' Or.,... .) ....\\j'•i Sb • "I" ;' • ' • 0 . , ,. . .4) /.. . .:• •-1..1,.' . .',41,1;----, / . ,..: ,,...-- 4er IN,...-.• •• ,' , . .2,2 cif A• .V.,. i : 6, .i.p. ..-:••••• '•%,•••• •.:';• ..•.'•, •Le / ' I.' - "• • : ' . • . '." - , ,'''-q.•....... .----:- , ..---:--•"--..;.- '""%r‘7,..-'. • • 'T. , e 2 7‘,./• . :I'- 0 ,..t . , • I',... /44:--......._....2.1,2. I:* ' : . -' • . . .: ., t,----:\ . .- i : :-..---.i..';•..•:.'....ir.,..f.:',..- .• .:'. •-• '. : '-q-...•...,., :-N, • ,z`s. . • • -•••••..... , ••.-. ....—...... .7.• • • . ,.;• .. • ••'' ...• •::,••.,' • ,..:f :41: :si4(...;1:, • !-. ::.:: . ' '..-. • .. . ..,..4r..,,N, . • • ,. .! • . • - - • .•• 4i,-7-f-t4-4— . .. , .: -..•.----,•:"2 .. . : ./e,irefe. iii,,,r.ii,'!...''...'.. . . . . .:-. \.. . ., .- . . , . %., ,,.... . • . • s.., , k . — \0 .•' . . .. , r . . ,' 4\1 • r • .. : ',.. l I --*‘ / ,v.s c ; . co. . e • ,......,,, ":,..• 14 Q.• ,. 4 9. 'A ' 0 . '. I • ''..- • ' • _,,e.- _ .. \. • N • • 0e64 /. ly- . .':-4- 1 , : --... • i i 1. ,, , •* ) , -g•C ll' , •. . \ C. I—.. • V) P0/;)/ .0) / ,. 8, ..7,4'4^/f' F.5. 2•' .,?... ': C't• /3(.,;,7.0.7.,.',v.• : " . . • . . • . • , ',•', - , . • . i ' ,"ir.,' . . • ' 24'4'2' • , .- . . 1 4,7 •,..., / IA/ it - ,•••• , Sc-• c ,' Cu.-. ...Sec. -cc. 7-,32/1/:A''20 W Lid./4 . . . • ,•. . • . ,..•. . : .. • . , ., • . . , .•• • . . ' . , • ,..,, ..: . ,,,7,-.-••:--.-- ,7-..--2-,-.:,.,—.,,„,,..-•—..-----..,--.--.4-7------,-;,,-- ;•-:7 ----,a,-,--7,....;•-;..: —,.- ....-•;e.-r;;r7,•••T:f;-r--r,....r--: f, — -- - ...-. . . . . . . • . .. •;:'4.'•:,•. , . ' , . .. . . . • .• . . . .. . . . .• •::*.t- .- • :' SURVEY MADE FOR: '•; : • • . • . ... ,,.... , • Hr. Borold.:Bridkia*. RTh, .-14ti'ine fl Sb.•-:Orltiiti...p41.1.4i :-..* - - • • . -:.- • • -DESCRIPTION: . ' '..:•;:, :-.... ;,..*„. , -':., .,•; , ...., ', '. ..: '‘..,: , ,....:,,,,:. . . '. • .... .. - • - . .. • .i. ..:::.::..e;•'•„:.', • •. • :-, ..,..-. •.:.'...-.A? ,1,.....-,.:.••:::.,!•%•i''..1.,..,"':•;.-i.,-, j*:), • ' 4.,!'....X.X.•:,.i::.::: : :::. • : , „ :7 .: . ,s• Two' tradte landof it. 8.1.,aortal'suidi).1)iV Altar's.i: ;,. 7-f,.;%"*.',. • ••„.. *. . • .,., • • : . ,,., • ' ...",i:.', ' . :i• -, ••: : :-.:. .'.,'..5.•:.*Y. • .... .. 1• , ., • • .-.,..'. ,s'.:.,t.t :: .., , s. ,,.. •-- ,-r •-:i: ' , ii.";,:,, •.L., ..; .: 4r,,.',:s„.r./ , .c.v :..1.....: : .;f•..:,,,,_.,• ..-,."r .,,..., .-.,. ..1-,,, • ,...z..,1. . . --.-• ..-;;.'' An SWi of: MI of toc: 26 •:T32i1 .&ZOO-:.7'Neti„.13‘31344)i,.,,.;.... .. :....,:,• : • .•,;:i.,:';„:'.,. ... . :, . ,:. •.. .: . . . ,.; ., f -:,.f-,-,..,: !: ..: ..,,.. ". ..,,'• 1 !::,,, : . ':,1:!...6...,•-.., ,•,. ,. . -', .: • • . . . Twp. Wishi Pisto ii.'Oa.• :.MinnasaVo •.•'‘ ....),1.i.illi.._11Nitibri .' igner4 V40-1MMIT dalierib° ..,‘i.??..• - • ..•••-"2-7,. .''•: 4 '. •. .:...• •'' '. ••• ,.: .•.,'.'..:',:.•.-:';'•:...' ...V._,..._,,.140oVs. lio.-Aovlk...*.o1:-;and,.coiloot plat o • . .. ... ..• . ;-•;4.- i" •4',:i.::',,:! ;.:-...: .:..; ,., a% , ii-;,.,..,..,.: ..2. , :::,.-,.. ..--.-...i.:1...i-....,. , . n.z.,.......i,,,, .... .1. aga.. : -: .•. , •,...' t • ;.'.); '... . • . • . -• . . . . . . . • -' . ., • . • -- . ,- .: -:•.`. '...inate. 4'0 rTsii • 47: -. ' . .. • .. • '• ' • . :. ' . .•:.-•- :':: . : ,f-,-,;!,:.. . •-.';' ,,,i.:•.• ''):Nror' -' ::'-'4.1..,...••''.- .• •:, .. • . . .. . :. .. ''' . •'.•):::.:..: . ' . . . 4.•, : • . •. • : ,•-.e.: ,••..:...,.t.•.7'.-.,-...-..,...,!•:;'..,-*!.,,'1',7.';,.,4f,•i,'-,c.,.!.•io..•,.:-•-e-.d''.t..i..•t. .i. •-.....''-•--: -.:•.-.„-,.,.-.1..•;.••.••:-•-•••.... ••-•e•.:' • • list. . • : .. , , ••.,;.'..-.•.••:',- , . .•. : . , :• • " • i --' ;;.—..--•-......a •.u'ti.v ro•,'r'•..,.;., LEGGETTE, BRASHEARS JOB 1-4-LA v t E Clt.Yba2-4.(AE & GRAHAM, INC. SHEET NO. OF ' I I 8 PINE TREE DRIVE �� , O SUITE 250 CALCULATED BY DATE ST.PAUL,MN 55112 (651)490-1405•FAX(651)490-1006 CHECKED BY DATE www.lbgweb.com SCALE I (± _ t 00 I i - r I , I I i �- _ _ ! t - I I , .V Y i I I ! I I ! - C -t - i J_..- 1 1 - - i I i ' I 1 -� f- 1-- 4- --r 1- '- i -- ! I ; 1 I i - 1 I i ! i i - r j j I I - - -r_ "_; r - -- -( ! ! ! i j1 1 I I I ! i I-( 1 1 1 - -{ I I I - ___ --- I ! l ! I I- I I I _ — i_J - j I { 1'_ I C I I I 1 i — ! -i-- I ! �- I I — — - i -- I I j I 1 1 ! I i l I I Iit{pq , I --t- 1 a ` I � - i i -rtI--G ; i� FE � t i ; 1 i I r __LH 1 i ..x.4t1 I "N .„! 1 I ' I ; �HL — ( i7 '� I ;� ! I 1 t i13 x o 1 \I i i 15 rti i 1! t - i- +CI��oo I I Cgal-re) t I I 1 1 1 -I- -I -! i I I I - - - ' - - ! I 1 I I 1 I I i j I i i T ! • I ! Jii . K.t it 1- j I— , t f-' II 1 !i 1 i IA I ' I I I+ i 'I + t! i , � m �L � I I I ! rim i1 - I S ; - Q i i I ! i { iL� Pl I i j 1 ! i ' I I I I i i "Ov 1 1 j ! 1 I I I 1 1 i I j 1 1 . I i i 1I i 1 iI I ' I . I 1 , 1 1 Meeting Date: 11/14/2006 Agenda Item: ) & Planning Commission Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Open and continue the public hearing on the request by Eugene and Bonnie Thielbar, for lot size and setback variances for development of a lot on Big Marine Lake, located at 19471 Manning Trail N. Deadline/Timeline: The complete application was received on October 19, 2006 and the 60-day review period will expire on December 18, 2006. We have requested that the applicant waive the review deadline. Background: • After the application was scheduled for hearing, it was found that there is doubt about the elevation of the Ordinary High Water (OHW). The DNR is currently reviewing the survey and will determine the accurate OHW. • Without this information, it is not possible to review the application. Recommendation: The planners recommended that the Planning Commission continue the hearing, to a date to be determined after the DNR has ruled on the OHW. Attachments/ • TKDA Memorandum dated 10/31/2006. Materials provided: • January 17, 2006 letter from Washington Conservation District • Survey Contact(s): Berry Farrington, TKDA 651 292-4400 Prepared by: Anne Hurlburt, Administrator (theilbar variance continuance) Page 1 of 1 11/03/06 TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: Planning Commission, Town Board, Reference: Thielbar Variance Request Anne Hurlburt, Town Administrator New Scandia Township Copies To: Eugene and Bonnie Thielbar Proj. No.: 13582.017 From: Richard E. Thompson, AICP New Scandia Township, Minnesota Berry Farrington Routing: Date: November 3, 2006 SUBJECT: Thielbar Variance Request—Department of Natural Resources determination of Ordinary High Water level needed MEETING DATE: November 14,2006 LOCATION: 19471 Manning Trail North New Scandia, Minnesota APPLICANT: Eugene and Bonnie Thielbar BACKGROUND: The Applicant requests a variance for lot size and setbacks to allow a single family home and accessory structure to be built on the subject property. The property is located at 19471 Manning Trail North, on the northwest shore of Big Marine Lake. (See the attached Certificate of Survey.) From a site visit in January 2006, the Washington Conservation District found that wetlands located near the lake's edge may be under the Department of Natural Resources'jurisdiction. The January 17, 2006 letter from the Conservation District states that the Applicant should contact the hydrologist from the Department of Natural Resources to identify the location of the Ordinary High Water level (OHW). The OHW for Big Marine Lake is 942.2 feet. The wetland is behind an ice ridge,but is at a similar elevation to the OHW. Therefore, the wetland may actually be part of the lake. (See the Washington Conservation District letter dated January 17, 2006.) The Department of Natural Resources is currently reviewing the Certificate of Survey and will determine if the wetland is part of the lake. PLANNING STAFF RECOMMENDATIONS: The Planners recommend that the Planning Commission continue the hearing so that the request may be fully reviewed after the DNR makes a determination. The location of the OHW may affect the variance request in terms of setbacks and buildable area. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity SURVEY FOR: CERTIFICATE OF SURVEY LugcncTJ.54c Bonnie J.TlliclUar LANDMARK SURVEYING/ P,O,Box 233 Port of Government Lot 7 of Section 29 and port of 65 INC. Hugo,Minnesota 55038 Government Lot 1 of Section 30, oil in Township 32 21150 Ozark Avenue North - P.O. Box 65 )•`��_WaNlbggn County cM akw North, Range 20 West, Scandia, Minnesota 55073 ^1 / WIl4 Cornet of Seaga a0,ra2NA211W Nag"6a5a1V New Scandio Township, Washington County, Minnesota Telephone: 9421 561t19 -mesa T.Area, LS aprer,e:651-439- le �" William L.Seib, LSIT Farr 651-433-4781 " - �- -_" -- E-mail' intheieldPfrmlinniet.ne! n /- W+elm9en County Cal j / +B7ro , a`__EINComerWaedenaa,Ta2NA2aW SURVEY OF: ri 4' _ Easi.Weal plena Sea.Line % WIN Comer MSedan 29.T42Na,2ow a Noro,u�Ncoxrnme,al!oa r NE comer aawemamm Lot l (Warranty Deed-Document No.994748) ` I All that pan of Lot I,in Section 30,and of Lot 7,in Section 29. all in rter Washington County,Minnesota.described as follows,to wit:!Commencing�a11a point North.32 the Fall and Wet 1/4 fs!•I,tion the 1 ne thnN bh idia1• said Section 30,483.7 feet West of the 1/4 section calmer between said Sections 29 and 30.and running thence South al right angles _ with said 1/4 section line,658.74 feet hence Southeasterly by deflection angle 0150 degrees AM minutes to the left 291 feel to an oak slake.thence NonM1 w.eterly at right angles with the lees described line,3011 feet to the pan of beginning ol'the Aaxriptiwl. -- ° From this point of beginning run Northeasterly on a pndongalion of the last described line 100 feet;thence Southeasterly at right EXISTING CONDITIONS: / • angles with the last described line.496.04 feet to doe high water line of Big Lake:thence Southwesterly by reflection angle of 111,3 Total ' e \FNee 4.2 taWullne,,•. _ parcai area.... sq D ' ' 1 `., 4 degrees 70 minutes w the right along said high water line 102.84 feet to an oak slake:thence Northwesterly by deletion angle of 76 (1.6R7 Acres) - / `\ I ...-/ 8 30 minutes to the 472.03 feet to 11point degrees right. Driveway.unuoro arra...........2,5R6 syR of . the ginning.ItLd:otds of WlLshin6nan County Minnesota. Cahn surface area: ' ` '�" \ _ Wants,11N ar'eh pm goes non,nnaa sq / ( -o n 8EE MN E Lep. together with all herediIre is and appurtenances belonging thereto,subject to the Iollowing exception.Easement of record. I Cabin A.............•.....173. li Cabin B 354 sq II 1 1 e � y (Document No.5366271 Shad male.area: •,; / , d of Shed A....................183 s9 n I I a� s ,, - ) North o f Itan Lot One(I)n Section Thirty(30)and of Lot Seven(7)in Section 7 wwmy-nine(29),all in fnwnsbip"fhiny-Iwo("i2) Shed 8......._............183 W R J - ge Twenty 1201,described as follows: Sind A.................152 sq fl cy5 arts ,•I ( ^° Commencing at a punt in the east and west quaver section line through said Section Shirty(30),Four hundred eighty-three and Shed II......................33 e,1 II q° O. yp.' seven-tenths(483.7)f eet of the d \ • a A• . - • thence south at right angles widt aidqu quarter-section corner S between said Sections-eghtTwenty mine(29)and Thirty(30)and thence running liwnl Walk Surface Art:L.....RBN^q N e 1 Total parcel arvm..................73.506 N d A.\� 9 tiro line Six hundred fitly-eight and seventy-four(658.741 I fete >q It Southeasterly by deflection angle of 50.06'to the left'Iwo hundred Ninety-ogre(2911 feet to an oak stake,thence northeasterly at 11.687 Acrtsl v4-won Pqr moovmem; `�., `._/- nrrewar\U _ +' 7I right angles wish last described line Four hundred MOO)lint to the PROPOSED CONDITIONS: ter ravel role MI. i-. / ,0 t \ 7 paint lbegint;Ihetlhisrkscnpdm;li 1 •, \, rb _. ^ beginning run Northeasterly a prolongation five on of last described line Fitly(50)reef:thence Southeasterly al righlle gonna !louse surface area..........2.alo sq R 0]6 NE o/NWAE L. ,\-'\-� BN.t oN�r�l ` `.vs, h - described line Three hundred eight and five-tenths(308.5)feet to the high water line of Big Lake)thence Southwesterly by with V' I Attached garage surface area R64 sq ll ! last P m Detached gunge surface mea 9RR sq ft •s' • (•-y`-ue toiOpl°^ Tsµ SRo `:` • deflection angle of I03'3d to the right along said high water line red ninety-six and Fattyfour hundredths(5)A2)tfool thence g 6 fled,mrrfare met .. Mm ay tt '�-qp�, i Draadub nra m,N .., 1 .,y? 2 Northwesterly by deflection angle of 76.3(f to the right Four hundred ninety-six and four hundredths(496.041 feel m the point of z j .......... - q lhegmnin Lowest Boor elevation ...... ...944.'. ,� I r+J 1 i g,including all riparian rights in and to the shore of Big Luke opposite said described land. BUILDING SETBACKS: • ex, / I t /% ' Acinrding to the United States 4orcmment Survey thereof.Front................... s� Side. ......................?OR`• I \s\ /� r Near ................... Wetland... ........-... ..75fl a \`` �' 'rG�'70 ; a4 LEGEND lakes....... - ' 9 `.• � _ -\E....0.a !b O Derma Ir2 inch Imr a......I IRl fl `. - ti la'mummlem q and marked with a �, / ��'' espy rl plastic cap inscriber ANEZ,/BL51377.5.. • r O Plwoe.e Wes I "In t,m forexisting parcels ante 1.0 um elks ,�,�_ �• "-!` • Dermas enured mrmumem maned and sized as indicated hereon! _._ _ '• 'i=' I �1..• des_ t '''fa., r , , ahem test E m Welland rg '1 y�/d 1,'' I .� ba a - it 1Bnote,Washington County Cast Iron Monument. .__. ,,, / ll /' -P art oexneed In ` \�"-- ` _\ jJ Denotes Utility Pole. - Doe' All'. / w� / \` ^a 616 Atlas • Au ernes rent..Line. No.538621 1 lnploca 1/2 inch iron pipe,,monument /'. I -- n tit Aeval- B Denotes Soil Oast • / '..marked with a plastic cup'�inserDed`J /--n.enoeeoned b OeconeutHo 9M748-4-,, 'o. Tjy 1 >F Pest Mule and ID Number RLS/72660"(L`Dupslol/) ^ 3r y / ,. 4r4i. /4/ A. al. PN-2 `I '0.63 SE of SW-NE,l.lne $".' I - `pIJ�i'.9. 1 $ F /„ A. ; O Denotes Percolation Test'Cole and ID Number \1 "/ / \ 4 'Vfjr/f- ,-.L. eoara rger \ pye CIM Denotes('ash iron Monument _ \ a '�1 /-.`_ al -„/' `1 / A. gh\\ Orientation otitis bearing srslnn is the Wes hingmn County Coordinate$$:' UY rA ,',C //G `:\\ System.NAO83. Inplace I/2 loch iiron pipe monument y4 16,15 .'\ l marked with o plastic cop nscr/Led Ti - prP,,,� /—RLS/I2660-(L,10upsdof() a, i arwe Imtan , m,y and decimals era foot. � , \1 0.580. 5E of NW-SE NE Line e 1 �l` /-• E w ft." . \`I �$ --..‹..7.--/Weaanda,as ea by hereon, Aki,N` I /�rj .� a Tq 1P EN... l 'tl/Ir'` $ were dal �• // e'6, 94I.69 Feet �' >_ �.` ^ 'C. !8e erm9md by Landmark ,lilt �' .. nSurveying,Inc.survey sew, !lt .. //. / q/,\ as v, • M. by a wanand specialist -T v EMaeone s3 lr ,°ram ly�awsv' .1. s14. WASFM'�`n %}• t��„a/° `. ,4. i -✓�'� may' fs /M'a/,'ii Pdnsaryry[[ �tt""nn 9" :y. i2c i EhvNmeir'P�0221M- \\ / •� _.__. \ IOa 2a' N • Inc,are L / +\ me w oow nya,waNr' i v ... .,y�' eye°')' y l,, -{LII �1p�� T No.esn4a-- . • • \ e ./ �� i alverlN es loeatatl an afl2rlaa5 I hereby certify that this survey,plan or report was preps J by Inn r under .1,..,:::- , n i boa WE Ebvgbn a / ‘/ t9 Feel t9i• nkOhCcl vapereianmamnl t t an aenry Limns.nLand Surveyor`aadr ' ' BIG MARINE LAKE laws of the slate of Minnesota. I i lake Big lake) � ! Ordirmry High Water 942.2 Ices.N.Ci.V.D., j ���p•PJQ� (^'' 10/18/2006 1929 Adj. Joel 7.IRrmz Minnesota License No 17775 Date - Water Elevation=941.f1 1•eel,May 12.2005 SCALE: 1 Inch= 40 Feet NOTE:(Atkin!Copies CN'1TIs Map Are Crimp Scald e� IMryect No,2005-22 ep •,NNE-Ion...xaneyma,los-AN limbo I4+orwe Washington 1380 W. Frontage Rd; Hwy 36 - = Conservation District Stillwater, Minnesota 55082 (651)275-1136 (651)275-1254 Fax January 17,2006 Bonnie and Eugene Thielbar PO Box 233 Hugo,Minnesota 55038 RE: 19477 Manning Trail,New Scandia Dear Mr. and Mrs.Thielbar: It was a pleasure to talk with you last fall, and visit your parcel on Big Marine Lake. As I recall,you plan to replace the cabin with a year-round residence, and are beginning the planning process for the improvements. In particular, we looked at setback distances and environmental concerns with the access road. From the survey map you showed us, it appears that the wetland line identified generally follows the transition between wetland and upland vegetation. I do not know if a professional wetland consultant delineated that line, but it appears to be a reasonable line for preliminary planning concern I have is whether the small bay(vegetated with cattails) that starts to the north of your dock and extends to the south of your parcel is under the jurisdiction of the Department of Natural Resources. This wetland zone is behind an ice ridge, but at a similar elevation as the lake's ordinary high water level. Setback distances will differ depending on whether it is part of the lake, or a separate wetland. You will need to contact the DNR Hydrologist for that determination. You indicated that no changes will be made to the wetland area, that you will continue to use a dock to access the lake. I fully support that idea. If the access road to this parcel needs to be widened, I do not believe there will be any wetland issues as the existing driveway appears to go through all upland areas (unlike the north fork of the private drive which heads to your neighbor's parcel through an extensive wetland complex). Erosion control may be a more significant concern,especially during construction of the road. Feel free to contact me if you have additional questions about this site. As your project progresses, our office may be involved in review of the erosion control or drainage plans, at the request of either the County or the Township. Sincerely, -.11Jyneen Thatcher Wetland Specialist Cc: Dennis O'Donnell, Washington County Zoning(via e-mail) Dolores Peterson, New Scandia Township Meeting Date: 11/14/2006 Agenda Item: � G E?C . �. b. 6. Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Conduct a public hearing on the proposed amendment to Section 11.2 (2) of Chapter 2 of the Development Code re: Cluster Developments/ Open Space Design Subdivision in the Shoreland Overlay District Deadline/ Timeline: The notice of public hearing was published for November 14, 2006. Background: • The proposed ordinance would allow cluster/open space developments in the shoreland overlay district only if part of a planned unit development (PUD.) • It was discussed at the joint workshop meetings of the Planning Commission and Town Board on September 13 and October 11, 2006. Recommendation: The Commission should conduct the public hearing and recommend to the Town Board whether or not to adopt the amendment. If approved by the Board, the amendment would be effective upon its publication according to law. Attachments/ • Draft ordinance No. 89. Materials provided: Contact(s): Dave Hebert, Township Attorney Prepared by: Anne Hurlburt, Administrator (ord89shoreland) Page 1 of 1 11/01/06 NEW SCANDIA TOWNSHIP ORDINANCE NO. 89 AN ORDINANCE AMENDING SECTION 11.2 OF CHAPTER 2 OF THE DEVELOPMENT CODE OF NEW SCANDIA TOWNSHIP AND PERTAINING TO THE SHORELAND OVERLAY DISTRICT The Town Board of New Scandia Township, Washington County, Minnesota hereby ordains: Section 11.2 (2) of Chapter 2 of the Development Code of New Scandia Township is hereby amended as follows: 11.2 (2) Cluster Developments / Open Space Design Subdivisions. Cluster Developments/Open Space Design Subdivisions are not permitted within the Shoreland Overlay District except with a Planned Unit Development Permit. Passed and adopted by the Town Board of New Scandia Township this 14th day of November, 2006. Dennis D. Seefeldt, Chairman ATTEST: Anne Hurlburt, Clerk CERTIFICATION STATE OF MINNESOTA ) ) SS. COUNTY OF WASHINGTON ) I, the undersigned, being the duly qualified and acting Clerk of New Scandia Township, do hereby certify that I have carefully compared the foregoing attached Ordinance No. of the Town of New Scandia with the original on file in my office and the same is a full, true and complete transcript thereof. Witness my hand as such Town Clerk and the corporate seal of the Town of New Scandia, Washington County, Minnesota this day of , 2006. Dolores Peterson Town Clerk New Scandia Township Meeting Date: 11/14/2006 Agenda Item: a , d) e. '126 c , -r1 B, Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Conduct a public hearing on the proposed Amendment to Section 9.13 (1) of Chapter 2 of the Development Code re: Design of Accessory Structures Deadline/ Timeline: The notice of public hearing was published for November 14, 2006. Background: • The proposed ordinance would allow metal sided buildings on parcels larger than 4 acres,rather than 5 acres, and apply the requirement that the accessory building resemble the principal building only on parcels less than 4 acres in size. • It was discussed at the joint workshop meetings of the Planning Commission and Town Board on September 13 and October 11, 2006. Recommendation: The Commission should conduct the public hearing and recommend to the Town Board whether or not to adopt the amendment. If approved by the Board, the amendment would be effective upon its publication according to law. Attachments/ • Draft ordinance No. 90. Materials provided: Contact(s): Dave Hebert, Township Attorney Prepared by: Anne Hurlburt, Administrator (ord9Oaccbldgs) Page 1 of 1 11/01/06 NEW SCANDIA TOWNSHIP ORDINANCE NO. 90 AN ORDINANCE AMENDING SECTION 9.13 (1) OF CHAPTER 2 OF THE DEVELOPMENT CODE OF NEW SCANDIA TOWNSHIP AND PERTAINING TO THE DESIGN OF ACCESSORY STRUCTURES The Town Board of New Scandia Township, Washington County, Minnesota hereby ordains: Section 9.13 (1) of Chapter 2 of the Development Code of New Scandia Township is hereby amended as follows: 9.13 (1) No building exterior shall be constructed of sheet steel, sheet iron, sheet aluminum, corrugated aluminum or plain, flat, unpainted concrete block (walls or roofs), except on parcels greater than four (4) acres, excluding road right-of-way. Accessory buildings on parcels less than 20.0 acres in size must provide a minimum one-foot overhang on all sides of the building with finished soffits, except when the building is accessory to a principal residential home constructed with no or minimal overhang in which case the overhang of the accessory building may match the overhang of the residential building. All accessory buildings on parcels of four(4) acres or less, excluding road right-of-way, shall resemble, in style, materials, color, roofline, and siding type, the principal building on the lot, except the following building types may vary from this standard: (A) Accessory buildings 120 sq. ft. or less in size; (B) Greenhouses; (C) Gazebos and decorative shelters; (D) Historic buildings; (E) Buildings, constructed as part of a Planned Unit Development, which are subject to an overall site plan prepared by a registered architect. Passed and adopted by the Town Board of New Scandia Township this 14th day of Novmeber, 2006. Dennis D. Seefeldt, Chairman ATTEST: Anne Hurlburt, Clerk 2 CERTIFICATION STATE OF MINNESOTA ) ) SS. COUNTY OF WASHINGTON ) I, the undersigned, being the duly qualified and acting Clerk of New Scandia Township, do hereby certify that I have carefully compared the foregoing attached Ordinance No. of the Town of New Scandia with the original on file in my office and the same is a full, true and complete transcript thereof Witness my hand as such Town Clerk and the corporate seal of the Town of New Scandia, Washington County, Minnesota this day of , 2006. Anne Hurlburt Town Clerk New Scandia Township Meeting Date: 11/14/2006 Agenda Item: 4 „) e ,, Planning Commission Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Consider request of Pamela Huberty to schedule a public hearing to amend the Development Code concerning the performance standards for swimming pools (Section 10.31 (2) (I)). Deadline/Timeline: A hearing could be scheduled for the December 5 Planning Commission meeting. Background: • The development code requires a 6-foot safety fence around swimming pools (see code section, attached.) • The Hubertys, who live at 22899 Mallard Ave. N., have an existing swimming pool that does not have a fence. This came to light after the recent, unrelated approval of variances for an accessory building on their property. • Instead of a fence, the Hubertys have installed an"Aquamatic Safety Pool Cover." The cover completely encloses the surface of the pool when not in use. Information about the cover is attached. • Some communities accept such covers as an alternative to a fence. For example, Stillwater's code requires pools to be secured with a "cover, fencing, screening, or other enclosure or any combination thereof of sufficient density and strength as to be impenetrable." The Scandia Township code does not have this flexibility. • The Hubertys have submitted a letter from their insurance company indicating they accept this cover as an alternative to a fence. They also submitted testing data for the pool cover which indicates it would meet a standard such as that written into Stillwater's ordinance. • An amendment to the Scandia Township Development Code would be needed to allow this pool cover to substitute for a fence. If the ordinance is not amended, the Huberty's will need to install a fence to comply with the current code. Page 1 of 2 10/30/06 Recommendation: If the Planning Commission believes there is merit in considering this ordinance amendment, you may schedule the public hearing. Staff would draft the ordinance for your consideration at that time. Attachments/ • Excerpt of Development Code, section 10.31, Swimming Pools Materials provided: • Letter from Pam Huberty dated 9/25/06 • Excerpt of Stillwater Code • Letter from State Farm Insurance • ASTM Testing Data • Aquamatic Safety Pool Cover brochure Contact(s): Pam Huberty,433-4095 Prepared by: Anne Hurlburt, Administrator (10032006poo1amendment) Page 2 of 2 10/30/06 Chapter Two ❖ Zoning Regulations Effective 6/1/99 (A) The development plan for the shopping center s� include a minimum of two (2)acres. There is nc minimum lot size for individual structures located on lots within a shopping center. (B) Shopping Centers shall have direct access to an arterial or collector street as designated in the Comprehensive Plan. (C) The Shopping Center must comply with the use requirements and dimensional standards of the underlying zoning district. 10.31. Swimming Pools (1) Required Permits. A building permit shall be required for any swimming pool with a capacity of over three thousand (3,000) gallons or with a depth of over three and one-half (3.5)feet of water. An application for a building permit shall include a site plan showing: The type and size of pool, location of pool,location of house, garage, fencing and other improvements on the lot, location of structures on all adjacent lots,location of filter unit,pump and writing indicating the type of such units, location of back-flush and drainage outlets,grading pla finished elevations and final treatment(decking, landscaping, etc.) around the pool,location of existing overhead and underground wiring, utility easements,trees and similar features, and location of any water heating units. (2) Performance Standards. (A) Pools shall not be located within twenty(20) feet of any septic tank/drainfield nor within six(6)feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks. (B) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any types. (C) Pools shall not be located within any private or public utility,walkway, drainage or other easement. 84 New Scandia Township Development Code Effective 6/1/99 Chapter Two ❖Zoning Regulations (D) In the case of in-ground pools,necessary precautions shall be taken during the construction to avoid damage,hazards or inconvenience to adjacent or nearby property and assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringements upon adjacent property. (E) All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property. (F) To the extent feasible,back-flush water or water from pool drainage shall be directed onto the owner's property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land. (G) The filter unit, pump, heating unit and any other noise-making mechanical equipment shall be located at least fifty(50)feet from any adjacent or nearby residential structure and not closer than ten (10) feet to any lot line. (H) Lighting for the pool shall be directed toward the pool and not toward adjacent property. (I) A structure or safety fence of a non-climbable type at least six(6) feet in height shall completely enclose the pool,but shall not be located within any required yard areas. (J) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Such water shall be subject to periodic inspection by the local health officer. (K) All wiring, installation of heating units,grading, installation of pipes and all other installations and construction shall be subject to inspection. (L) Any proposed deviation from these standards and This section enables temporary dwelling requirements shall require a variance. units to be used by the present or potential occupant of a single-family 10.32. Temporary Dwelling Unit During Construction residence during the construction, reconstruction or alteration of said (1) Required Permits. Temporary dwelling units during residency by the present or potential construction are allowed in the Agricultural (AP,AG) ccupant. districts, Semi-Rural (SR),and Single Family Estate District(SFE)with a certificate of compliance. New Scandia Township Development Code 85 9/25/06 Dear Anne Hurlburt, Several weeks ago, I spoke to you about amending the township ordinance regarding the acceptance of the Aquamatic Safety Pool Covers. Enclosed you will find the certification from the ASTM(American Society for Testing and Material Standard). This states that the safety pool cover had been tested independently by two testing agencies, and exceeds the ASTM requirements. You will find a copy of the City of Stillwater's ordinance allowing the covers instead of a fence. I also spoke with Sheryl, from the city of Oakdale, regarding their ordinances. She said they would be allowed if the safety issues could be proved. She asked me to fax the ASTM certification so she could have it on file for future reference. Also enclosed is a letter from my State Farm insurance agent allowing the cover to be used instead of a fence. I hope you will consider amending this pool ordinance. We have five children, and safety is our priority. I would encourage you to come to our house, and view how safe the cover is. Sincerely, \ r Pam Huberty FILE No.536 09/19 '06 08:39 ID:CITY OF STILLWATER FAX:6514308809 PAGE 2i 2 §3a-2 St ILLWATER CODE and the liquid capacity of the pool. Plans Subd. 11. Pressure relief values_ Pool contrac- must be drawn to a scale of not smaller tors must certify that they have examined the than one-fourth of an inch to one foot. construction site with respect to the water table (61 Additional information may be requested level and potential soil saturation. If it is deter by the building official. mined to be necessary, in the opinion of the building official,pools must be designed and con- Subd.5. Permit fees. Permit fees will be set by strutted with underdrain systems and pressure resolution adopted by the city council from time to relief valves to prevent pool flotation. time. Subd. 12. Shielding lights. Lights used to illu- Subd.6. Pool piping.Pool piping systems must minate swimming pools must be arranged and be constructed of materials prescribed in the state shielded to reflect light away from adjoining prop- plumbing code_ Installation of the piping includ- erties. ing the pool water supply line must be done by a licensed plumber and must be inspected by the Subd. 13. Location. All swimming pools or city plumbing inspector prior to covering the appurtenances must be located in the rear yard at piping. a distance of at least ten feet from any property line. Subd. 7. Main outlets. Pools must be equipped A with facilities for completely emptying the pool f Subd. 14. Fences.All swimming pools must be and effecting surface drainage (by gravity if ele- ' provided with safeguards to prevent children from vations permit). The drainage system must be gaining uncontrolled access. This may be accom- constructed in conformance with the provisions of plished with a cover,fencing, screening, or other the state plumbing code and under the supervi- enclosure or any combination thereof of sufficient sion of a licensed plumber,and shall not discharge density and strength as to be impenetrable. directly on the land of an adjoining neighbor or in a manner that threatens or endangers fish or If fencing is used,all fence openings or points of wildlife entry into the pool area must be equipped with gates. The fence and gates must be at least four Subd. 8. Water supply. Water supplies serving feet in height and constructed of a minimum No. all swimming pools must be safe,sanitary and be 11 gauge, woven-wire mesh, corrosion-resistant acceptable to the public health authority. The material or other material approved by the build- installation of the pool water supply piping and ing official. All gates must be equipped with connection to the source of'supply must be under self-closing and self-latching devices placed at the the supervision of a licensed plumber. top of the gate or otherwise be inaccessible to Subd.9. Electrical requirements. All electrical small children.All fence posts must be decay or installations provided for, installed and used in corrosion-resistant and set in concrete bases or conjunction with residential swimming pools must other suitable protection. The openings between conform to the state electrical code and must be the bottom of the fence and the ground or other inspected and approved by the state electrical surface may not be more than four inches. inspector. No current carrying electrical conduc Note—The regulations established in this Subd. 14 apply tors must cross residential swimming pools, ei- onlyLo fences built or replaced after the effective data of Ord. No.961, they overhead or underground,or within 15 feet of a pool, except as necessary for pool lighting or Subd. 15. Safety equipment. Every swimming pool accessories. pool must be equipped with one or more throwing ring buoys not more than 15 inches in diameter Subd. 10. Heating requirements. Permits are and having 60 feet of slie of an inch manila line,or required for all heating units used in conjunction its equivalent,attached. with swimming pools. Installation must be made by installers licensed by the city and in actor- Subd. 18. Aboveground swimming pools. Lad- dance with any lawful code in effect at the time of ders or stairs which are attached to or placed installation. against the outside of aboveground tank type Supp.No.23 CD38:6 Sep-22-2006 02:06pm From-ZWEBER STATE FARM INSURANCE 952 894 5030 T-198 P 002 F-643 STATE FARM State Farm insurance ompa ies INSULANC Lincoln Operations Center,North 222 South 84th Street P.O.SW 82542 September 21, 2006 Lincoln,Nebraska 68601-2542 Huberty, Kenneth P. & Pamela 3. 22899 Mallard Ave N Scandia, MN 55073 Dear Mr. &Mrs. Huberty: It has been our pleasure to handle your homeowner's insurance policy. During our normal course of underwriting, we observed a pool located on premises without a fence. After looking into this, we were notified that the pool is covered by the Aquamatic Cover System, This measure helps to decrease the liability exposure that a pool presents. At this time, we are not requiring a fence in order for State Farm Insurance to stay in force. We certainly appreciate the opportunity to provide you with your insurance and financial services needs. Please contact your State Farm agent if you have questions. Sincerely, Carrie Alexander Underwriter State Farm Fire and Casualty Company Cc: Emmett Zweber, 3132/F729 09/11/201db i :J2 14/11db4bt5044 „_. __ Northbrook,ittnois.•(847) 272-8Rc0 Mom,New York•(616) 271-8200 Santa Clara,Carolomla+( ) 985-2400 Research Triangle Park, North Carolina•(919) 549-1 400 (11, Camas,Washington•(3611) 817-5504 Underwriters Laboratories Inc.to AQUAMATIC COVER SYSTEMS 200 MAYOCK RD let)pubi sk ahtr esL 1®94 GILROY CA 95020 Your most recent listing is shown below. Please review this information and report arty inaccuracies to the UL Engineering staff member who handled your UL project. WBAH July 14, 1998 Covers For Swimming Pools And Spas AQUAMATIC COVER SYSTEMS E113958 (S) 200 MAYOCK RO, GILROY CA 95020 Power Safety Covers, Models 400, 400-U, 550, 550-U, 800, and 80041 Classified in Accordance with ASTM F 1346-91. LOOK FOR CLASSIFICATION MARKING ON PRODUCE 189553001 Underwriters Laboratories Inc° fIIM34$06 83 For information on placing an order for UL Listing Cards in a 3 x 5 inch card format, please refer to the enclosed ordering information. UNDERWRITERS nZRS LABORATORIES INC. A not•for-profit organization dedicated to public safety and committed to quality service byf 11%'2 WJb EJkl:32 141013b4b19b44 UAMA I ii.A UVE.Nb t- t t CIL I CA !WANK Exclusive Manufccturer of the 1-/YDRAM477C Hydra.tic 5wtmmins; oaj S RE: ASTM F 1346-91 CERTIFICATION To Whom It May Concern, The pool cover fabric used by Aquamatic Cover Systems for all the safet y cover systems consists of a 16 oz_ sq. yd. solid vinyl, including a polyester substrata scrim reinforcing layer to enhance tear strength and prevent tear propagation. The material used substantially exceeds ASTM requirements set forth for safety covers of the type manufactured and distributed by this company. ASTM F-134E-9 I requirements are as follows; The cover and fabric installed on the swimming pool filled to its normal water level shall be capable of supporting the weight of 485 lbs. This total weight shall be composed of one 210 lb., one 225 lb., and one 50 lb. weight, each distributed over a one square foot area and all three contained within a three foot radius. The test weights shall be placed at the center of the cover system (or at least 4 ft., but not to exceed 6 ft.) from the edge of the swimming pool. The above test shall not cause damage to allow any of the test objects or the persons to pass through the cover. The Aquamatic Cover Systems have, in fact, been independently tested by two testing agencies including Underwriters Laboratories to exceed the above listed standard_ Sincerely, Harry .l. Last, BSME, MBA President dm hjl Corporate Officer 200 Mayock Road,Gilroy,CA 95020 800-2624044 Vax 800-600-?087 09/11/2006 00:32 140884E+8544 AUUAMA tILLUVtKb rmut n� t G , D Y IT ON AUTO (pg. 3 of 4) ECS®File: #059T3030:1 g. MJNIMUM LABEL REQUIREMENTS resit ALL COVERS Unit complies with requirements' 9. TEST METHODS FOR SAFETY COVERS com S� 9.1 Static Load Test. Test 160-lbUn �and onelted to 18C)-b9 we (eight) slt'ghtlY of one Ysalb, one exceeding load required per Standard. Test objects were applied at two different points (the center point of the cover, and, between attaclunent points at a distance'of 4.5 feet)•and remained in each test position for a period of 5,minutes or greater. Although,normal deflection was observed,no passage through the cover was possible. Test Unit complies with requirement. 9.2 Perimeter Deflection Test. Applied 50-lb weight at a.distance of four-and-one-half feet from side of pool. Applied 36.6-lb. ellipsoidal shaped test object. Test Unit did not allow the test object to pass through, gain access to, or' be 'subject to entrapment between the cover and the side of the pool. Test Unit complies with requirements. 9.3 Surface Drainage Test. Applied a 36.6-lb. torso'shaped test object in a supine position, faceup, at a distance of two-and- one-half feet parallel with edge of pool. An even water spray was applied at a rate of 10 gallons per minute. After 3 minutes, minimal water collection was observed around lest object. Continued applying water with no unsafe water pooling. After 30 minutes drain time, re-applied 36.6-lb test object with no unsafe amount of water pooling. Test Unit complies with • requirements. 9.4 Openings Test. Applied solid faced spherical test object with a breadth of 4.5 in. at a force rate of 40-lbs., steadily, to the top surface of the pool. No allowable passagewas observable. Test Unit complies with requirements. 10. OPERATING CONTROLS, SAFETY COVERS 10.1 Unit complies with requirements. 09/11/200b 00:32 1408b4bbb44 AUUR9HIJAA, VWW v� I 't 0r (Pg. I of 4) 408/247.4937 FAX 408/247-7540 v, , AU'I'O11MAJ'IC S1yJ 111NG I'Oal,COVER Cf*T1FICATION ECS0 File: #059T3030-2 tJ Date Tested: May 20, 1993 C d Date Reported: May 21, 1993 Specification: ASTM Designation: F 1346-91 Z ,.,, Tested Unit: Built-1n, Under-Deck-Track, Automatic Swimming Pool Cover ,,,t ,,;; System sn Source: Manufacturer: AquaMatic Cover Systems Address: 441 Aldo Avenue, Santa Clara, CA p a * I,ABQ TORY NALYSIS : REFERENCE: Standard Performance Specification and Labeling Z Requirements for Safety Covers for Swimming Pools, +"( Spas and IIot Tubs (ASTM Designation: F 1346-9I). < Wd .a 1. SCOPE W EW Requirements for safety per ASTM F 1346-91. Z 2. As stated in referenced standard. - 3. As stated in referenced standard. 4. CLASSIFICATIONS & MINIMUM CRITERIA 4.1 Power Safety Cover (PSC): Provides a high level of safety for children under the age of five by inhibiting their access to the water. 4.1.1 As stated in referenced standard. 5. MATERIALS AND MANUFACTURE Test unit complies with the 5.1, 5.2 and 5.3 requirements. b /11/2cub UV:31 14011tl4b ib44 HwJRrtla I tu.AJvt oa AUTOMATIc SWIMMING POOL CQVRR CERTIFICATION (Page 2 of 4) EC S.File: #0S9T3030-1 6. GENERAL REQUIREMENTS FOR SAFETY COVERS 6.1 Installation/Use of safety covers. Unit complies with requirement. 6,2 Label attached to the cover meets, and/or exceeds the genera) requirements as required by the 8.5.1,8.8,8.8.1 and 8.8.2 guidelines. 6.3 Markings for safety covers. 6.3.1 Unit lists manufacturers name; Unit complies with guideline. 6.3.2 Unit lists date manufactured. Unit complies with guideline. 6.3.3 Manufacturer provides instructions to consumers to inspect the cover for premature wear in consumer packaging. Unit therefore complies. 6.3.4 Label attached to unit meets the general requirements described in 8.4.1, 8.7, 8.7.1, 8.7.2„ 8.7.3, 8.8, 8.8.1 and 8.9: Unit complies with guideline. 6.4. Fastening Mechanism or Devices. Fastening devices remained in their intended,secured positions when the test unit was subjected to the load and perimeter deflection tests performed as called for under the 9.1 and 9.2 guidelines. Unit complies with all requirements. 6.5. Openings. No openings were allowed,when tested by the test method described in 9.4. Test object did not gain access to the water,nor was it subject to entrapment. Therefore,unit complies with this guideline. 6.6. Seams, tics or welds in the cover showed no signs of damage when tested by the methods described in 9.1,9.2,9.3 and 9.4. Unit met all requirements under this guideline. 7. PERFORMANCE REQUIREMENTS FOR SAFETY COVERS Refer to Test Methods as described in the 9.1,9.2,9.3 and 9.4 guidelines. E(S*File: #059T3030-1 10.2 Unit complies with requirements. 10.3 Unit complies with requirements. 10.4 Pool cover operating controls. 10.4.1 Controls comply with requirements. Unit complies with requirements. 10.4.2 Unit complies with requirements. CONCLUSION: Tested unit has nal all requirements of this Standard. • UNIT COMPLIES WITH ASTM F 1346-91 REQUIREMENTS. - .4 91 ,. A LT1NG SERVICES. e on ( ...". ti, ,=- MY i tI /: ; .,,,, 4,h, Nit. . 4 `'.14. `.`.1, 'Pc: N':4., P.E. ti 93,05.2OCKK r " -- p,# it -.� ..r --' ' 1[11 i M- ' ''4.,..,...7.'4'''''.,,, 1 2S '" Ffc K y.t E , i ( fi 4. 40. . .... ...._. , . .1464. ., . Ez COVER SafetyPool A New Concept in Easy-to-Use Manual Safety Covers Coiiers I !it ,', .- FF- " '''_ Now you can have all the safety (tl-e,ll� 1 -: t-_. • Safe . �^•�'fr r a and cost savings of an automatic I Strong ,y pool cover at a cost effective price. � " / • Ultra EZ CoverTM looks and m:as:tes like • '* '+`-- - — an automatic cover butithout anN .Se�iure , - theydraulicmechanism, about. _ • Saves lives �,t - .halfthepace.Theeffortle opera- non takes only about 70 seconds to } h open and close the cover. It's so t - (4 t •� . P ' • "._ I ••�.4 • '.�- _ ;�easy you'll use it daily to keep your • Saves energy ,' "^ s ' pool safely covered anytime it is not . `� "` � • Keeps pool clean in use. EE Ids only manual.af iy rover that can be opened sad closed easily from one idon EZ Coverer comes complete with • Easy to use a five year fabric warranty and life- 4c 'an';rt"Asa - Manychoices o aspic colors time mechanism warranty. e , • .$';!;-:.,-,. .7 Navy Blue 1 Teal 5 Black 9 �. .-.. . - --, - Royal Blue' 2 Green 6 Charcoal Guy• 10 ,. ' UBIo&ue 3 Tan 7 Gray 11 COVEY EYhEEME All colors standard on Ilydramatic=" AOUAMATIC COVER SYSTEMS - Colors marked wish•standard oo E2 CoverTM , ----.,-. - . - _ HYDRAMATIC :1rer lrrlrl.•1rn1'ke rrrrd l+rrx'ihi'T fair Le•in.stn!lr•d TM miT MI .&fii AQunM trrc poor covers are _� sunable for all pool shapes I•, For rectangular pools f t ur �L .- er.9Al.:, -,:, 1;... __ Why choose a HYDRAMA77CTM automatic pool cover? .isj On the surface,most pool covers look similar but the most important Inaml d ze,t r marana 1 t mta,lmr;o mrennn�ea for and costly part of any pool cover is the mechanism.And the patented TOP maces FLUSH T onir,v mum)TRACKS or mechanism of the HYDRAMATIC^"represents the best value for your 1 -.ae" r°am°°o°a•t°Q"°wer t11?, oatls/drh<aaermoiem 1 durable investment.Designed to last the lifetime of your pool,the - --. _. 'f� "' TechNcal spedAcations IIYDRAAfATIC'"is maintenance free,and the most reliable cover sys — tern manufactured with the most extensive warranty in the a<w•,,,u ""'"`"^p" - industrytoday: 4..._.. n•.� �raaaa:am+w a..�Px _--__---- • Unique fluid drive dual motor is fully submersible - 'a.+.a„rem • No electrics near the pool powerpack(pump)can be placed up to 150 feet away Lunn 5.1113ES a�a bar/ Pressure rebel valves • Quick and easy to open-takes just 30 seconds on average • • Trouble free slider system-the cover closes square every time - _, �_-• � • Installation on most pool types and shapes • Leaves and debris are collected when the cover is opened to remove rainwater • Saves money on chemicals,energy and water loss from evaporation ei I. W' ,'• • Pressure relief valves gently stop the cover at end of travel • 20 year limited warranty on the mechanism -). - ,_ .. , . _,z non-rectangular For non-re,ngular pools ti 2O Yeoora ltmaed worraatd ; ' _ ', naecbowtam pp . ill Cover''mfabrY,4 7YeorsproratedMilEl ^ ar ra=va+na...m r«.,.�maa.a (:::, +? 12 In m ReM (220 rani) 10I II , Max(30 m) +zm sob '��� 30 fl Caw mrel Track Space Usa mml t m k ! k I -�ill• TT(max 9m) NM ec, r}x. ddd r- aS ,ate ® (330mmn J 1 3,..4 . gPul � i'. t5 in Ne - I — II (380 mm) eo 1 d o ens,o a C'r±l1Z+ ssa a t.' ar_ '-- 33 „q .,.e, '' -''--. 2-- 11-4.. r -'1a - a .' r #4111 1r4 ..,, •.� t -' ��x �4 '< Dreg ,i*Y.,:''' .g t a buaL n �•.. r �F .'. * ' ,x �, k°"" .1fi.i. M1 d Jot;' :. •.; F.iey i' ^r,i .,c ` �� a , r ? s`Y-.t ,�+a.e- a "�" +e'aF ,�. ..� t. \ � � � '�•b Authorized Dealer `t 1 y MATI( (Mtn tniIN+ Remove rainwater in minutes MIIMPIM RousMsre Covat Svsnsss The patented dual-motor hydraulics Manufactured by: AQUAMATIC COVER SYSTEMS USA ASTM �MrnnarA (fili) "'° ""' of the HYDRAMATiCT" system is a favorite 200 Mayock Rd.,Gilroy,CA 95020 u v U with many award-winning swimming pool Tel 408.846.9274•800.262.4044 a �, builders and highly respected for its Fax 408.846.1060•800.600.7087 4 C E �.,,w,. LISTED reliability and flexibility. This unique fluid E-mail: info®aquamaticcovers.com drive system, developed and patented in ..^' Visit us online ®.. the early nineties, uses two hydraulic �. ' t �'44„ motors:one for retraction and the other for www•aquamaticcovers.com - l 4 �,�_ extension of the cover across the pool, Available Worldwide ,�, j I thereby eliminating all mechanical clutch- Contact us for an office near you !� ✓ - 1 sot'- es, shearpins, and braking systems. These i y i ' .r same hydraulic components, also used ' //,'• extensively in the aviation and marine • industries, create a totally submersible t {' - - a T ,automatic pool cover system. 1 Highly innovative, the company ' - „ pioneered and introduced many other automatic cover features common on all `" • . ;� tr,•n , major pool covers today such as remote -, control, safety keylock, limit switches toot - ,, w ?t„ ' stop the cover at end of travel,and leading .. ,,, ' 'T 'V .,r ` edge slider system, to name a few. The e., =iit f yt `" company has available a new flush track b a ' ,-, extrusion for use" with non-rectangular _.:. ,✓ pools. ' +1 cc. dU' w The bench option doubles as a seating area ' yy�=,7 -.,. Powerpack(Pump) I In I n i n tt ,' ' .�," x ' `w .WC e f ;Gk' v: 4'` t-t-Pky^RRipt o 7,.,„, Placed remote at pool equipment "4""„ -'- T _.. - �i�r`' ,p^g g P. �er. e;� 'L{C G�''i;,.�, "k�••y d _. _ ''tom �,.._-. . _ .. _ _ • T i` r r ,ey„ �p _ ' _ ' _ ..a �, :A Ii bR Re en CirMAR°.,' Meeting Date: 11/14/2006 Agenda Item: 3 , c) P,e, ""ra , Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Review concept sketch for revisions to Emerald Acres development plan and provide comments to the developer. Deadline/ Timeline: N/A Background: • A preliminary plat, variance and conditional use permits for an open space design subdivision were approved by the Township and Washington County for Emerald Acres earlier this year. • The project includes 25 lots, one short of the maximum 26 lots that could have been approved for the site. • The developer has requested that the Commission and Board comment on his proposal to revise the plans to add one more lot by reconfiguring lot lines on the proposed Morgan Circle cul-de- sac. They state that the development will not be financially feasible unless they are permitted an additional lot. • Aapproval of this request would require, at a minimum, amendment of the conditional use permit Recommendation: The Commission and Town Board should make comments as you deem appropriate. This number of lots in this subdivision was the subject of much discussion during the original approval process, so you might consider whether a new public hearing on a revised preliminary plat might also be necessary if a formal application goes forward. Attachments/ • October 18, 2006 letter form Steve May, Scandia Development Materials provided: • Approved Preliminary Plat Contact(s): Steve May, Scandia Development 430-0909 Prepared by: Anne Hurlburt, Administrator (steve may) Page 1 of 1 11/02/06 Scandia Devecopment .LLC �� } • OCT 2 4 t666 October 18, 2006 Dear Town Board Members: In the past you have given preliminary plat approval for our Emerald Acres Subdivision which is 25 lots(1 lot short of a 100%bonus density). We agreed to install a community well system and plant 150 plus trees to replace trees we are removing. You asked us to negotiate with our neighbors to the south to try and curve the connecting road to eliminate the stop sign and the 90 degree turn. We believe we have solved this problem, and our neighbors to the north complained about the road going through their property, we believe we have softened their position by allowing them to farm the approximately 30 plus acres of our open space indefinitely for free. The problem we are experiencing however is that all three of our banks turned us down for financing because of very marginal profit margins the lots would bring. Therefore we are respectfully requesting that the Township allow us 1 more lot for a total of 26 with a 100% density bonus to make this more attractive to our banks. I would like to remind you that shortly before our development was approved Diamond Homes received 100% density bonus without being required to install a community well system or plant 150 plus trees. We feel that given the fact we have a good past relationship with the Township, we think we significantly helped solve the issues with the neighbors north and south, and Diamond Homes was given a 100%bonus without extra requirements it would only be fair to give us the same. Economically we will not be able to develop this property with out your assistance. I have included a concept that shows 1 extra lot. If you feel you can work with us we will direct our engineering firm to make all necessary changes. We believe requesting a change on our plat does not require a whole new application since we are basically dealing with minor changes to the same plat. Greg Johnson or Steve May will attend your November 14th meeting to answer any questions. We appreciate your cooperation and consideration Sincerely Steve May Scandia Development, LLC. LAKE ELMO BANK A TRADITION OF SERVICE October 19, 2006 Mr. Steven May Classic Home Design, Inc./Scandia Development, LLC 6375 Stillwater Blvd. N. Stillwater, MN 55082 Dear Steve, Lake Elmo Bank has reviewed your request for financing of the proposed Emerald Acres project in Scandia, MN. This project does not meet our underwriting criteria for the following reasons: • Cost in relation to market value is too high to allow for an acceptable release requirement. As a result, we will not be able to approve your request to finance this project. Please call me with any questions at 651-770-4401. Sincerely, Chris Klohn Vice President 111 1CentraI Bank Coon Rapids 3685 124th Ave.NW Cocci Raptls.MN 55433 (763)780-0484 Fax ' ' ' October 19,2006 Eden Prairie Scandia Development Corp. 1nPtah*MN Ftoad E 65344 Attu; Steven May 6750 Stillwater Blvd.North Stillwater,MN..55082 RE:Emerald Acres Golden valley 945 Whineaoi Avenue N GoldenVas%MN 55427 Dear Steve: Rix(763)545-8883 Central Bank appreciates the opportunity to review your proposed Emerald Acres development in Scandia.Based on our required payouts on percentages per St.Michael lot,Central Bank is unable to provide the financing needed. 750 Crud Avenue NW a.woad.MN 5537e 407-3t14 Central Bank would revisit the project under different terms.Your business is Fax(783)915-8958 appreciated. Should you have any questions please do not hesitate to call the undersigned at 651-351-1517. stiowater Sincerely 2270 Frontage Road West P.C.Sac 225 (851)4er 0 56062 50 FFx(861)351-1550 4 u / f cott W.Faust Branch President White sear Lake Central Bank Stillwater 3870 East Caurdy LM N White teem Lake,MN 55110 (651)428-2554 Fax(661)4288348 Website www.cenhamnk.mm Ewa Rowing LENDER Member 44. ilt6� VW MVP - - V4C►SW.MTakas 1323.74 �� 1 \ Imo/ _ _ , _ , �V�1 \\ , \ I. \\\\\ /) J y \ % ,, \ \ \ \ ,, N ., ..,.. s si,.;\ ,..... 0 ..,tor ._____y...T._,_e., \ 5\` \\ t \ . - I , \ \ \'. \ ; to " y l 1,4 O --_--- ,A,...4' i) 7--- --,/ ,\II\ % ' I . .` ----/ ‘*\.\, \-,.11. ' . Wirr--- -——-"__------ 0q° r I-,' of ii i / ) 1 V ; •-..., !—____ ----a+e \ • 1 i\ i / r ' A i / 4 - - •F '- % ice I( 1 \ i' / I, ; , ;--�' .s♦ ____._______4o.-ee / \ < \� !;ji;E! ' -, �� _ , `\ �_ �k \\\ S e \ 1 \ .. ___ / CO i r-� \ \ Al.\ .i 'ti \ - `� IOW \\\ \ { -• �_ y 1 \ i.-,. , --- I) :I ,o , - 1 , 1 i - - - - -rm - - — > VICINITY MAP-NTS. I I I SECTIONS 9 8 16,TOWNSHIP 32.RANGE 20, - WASHINGTON COUNTY I• ��3 , U' - - IjII'�1 TAKPAYER F I II',®. BRANS UOREYK 49.. r- 6. ___._ I -� , i I I 1291 4 LLRO • a I- I L9 I I o I II OML8ERISDN I_ 4w ...��. j ) N, , I 12291 EMKHILL ROAD N. 1¢ SEC. 9 / • A • I -- // !% I POSSIBIE WILOTO /� • j I -.. . - I RM/TWeY I { :�1xea-- f.j // I i --_. EATEMENt 14 - • SF` 8 • OUROTC ENO SCALE) - - SCANpIp TRAIL N. ^-. g.1._ E f •y N "I-js:` s 1 . IG,mW 9 r I a s[rnoN Ts - ,T�. I , �,. 'l ... e \e .5.. SECTION �_—___1 • B. ..dRLOTA } II\ e `• ti , -° I // I • " C, R3 y1 +y+ I / maIf Al - )? i� . , .4122,T y �SI \.\ , \ "/. N I --1 k / 2 /, I � / 1 I\ / _ /` v L '3 _ 1 ,;111, - - _cam / " i BLOCK eW� IFSI � a'1'.-. k* . FR Sp ».. +) ; r--J ,. _ \' v l Iry /// \ i ''(( \ \'�•� \\ --. t ..,,Jo EA < _ +ia'./f L A� }\ (- r/J ho 42 F- ,Z eLOCI( \\ \ t \.\- ). t 1 ,; • -z.'- — l � 4/ gyp. •.✓ �_ lll, T r. ): - - u.s:ziaTN = J I 4 I � I C DEVELOPMENT DATA: I i OPEN SPACE DEVELOPMENT I EXISTING ZONING-AG I 1 1 I PARCEL SIZE-130.03 ACRES HEAD PLAN-13 LOTS ._ SURVEY NOTES: DEVELOPMENT DATA OVERALL PARCEL.130.03 ACRES I. BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE PROPOSED LOTS-25 SYSTEM. MINIMUM LOT SIZE 1.5 ACRES 2. LEGAL DESCRIPTION PROVIDED BY THE OWNER SYMBOLS: I ACRE Of BUILDABLE PER LOT 3. EASEMENT INFORMATION UNITED TO ITEMS LISTED IN THE ABOVE LEGAL NORTH 4 PROPOSED RIGHT OF WAY-8.66 ACRES DESCRIPTIONS OR SHOWN ON COUNTY HALF SECTION MAPS.OTHER MANHOLE CATCH BASIN EXISTING STEEP SLOPES-0.00 ACRES EASEMENTS.IF ANY,MAY EXIST AND ARE NOT SHOWN ON THIS SURVEY. CULVERT - HYDRANT EXISTING WETLANDS-9.09 ACRES 4. TOPOGRAPHY PROVIDED BY THE OWNER.2 ROOT CONTOURS FROM 0 200 400 GAS METER WATER VALVE CALL BEFORE YOU i FENCE TOTAL OPEN SPACE-71.88 ACRES NECESSARY ECESSWASHINGTON COUNTY SURVEYORS OFFICE.ELEVATION CHECKS WILL BE LIGHT PPTILE CONCRETE LIGHT POLENliAVERA ELOT IN SILOTS.8 ACRES EISTING BEFORE DEVELOPMENT.EDGopherAREA: S AVERAGE LOT SIZE.1.98 ACRES S EXISTING WETLANDS DELINEATED BY GRAHAM ENVIRONMENTAL SEANCES. DENOTES FOUND CTEVERH 4` BOX TYAN CITY AREA:E INC.DATE OF DELINEATION OCTOBER,2004.WETLAND MARKERS I/2'IRON PIPE OVERHEAD WIRES TOLL FREE- i-BBo LOCATED BY CORNERSTONE LAND SURVEYING.INC.ON/AN.,2005. SCALE:1 INCH:200 FEET o DENOTES SET I/2'IRON WELL IN PIPE MARKED RLS 25718 Meeting Date: 11/14/2006 Agenda Item: 41 4) /) 21 pe Planning Commission/ Town Board e) r . Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Review Conditional Use Permits (CUPs) for: 1) Keith's Landscaping, 15169 Scandia Trail 2) Am-Tech Design, Hawkinson Business Park Deadline/ Timeline: Review of these two CUPs was postponed from the October 3, 2006 meeting. Background: • It has been the practice of the Planning Commission to periodically review the status of CUPs approved by the Township to determine whether they are in compliance with the conditions of approval. • Staff was asked to investigate the status of sewer and water facilities at Keith's Landscaping. The CUP includes a condition that the permit was subject to approval of the individual septic treatment system by the Building Inspector and that a portable toilet be available for use by employees inside the building until a bathroom is installed. • Staff's investigation found that, based on the occupancy and physical characteristics of the building(a storage building with a dirt floor, no water supply and no office or employees working on site) that no sewage system is required by the Building Code or Washington County sanitation regulations. Recommendation: I recommend that the Commission review the status of these CUPs, and make recommendations to whether any actions are necessary on the part of the Township. If any conditions are not being met, I would suggest that the owner be given a reasonable time period to bring their property into compliance. If that is not successful, the remedy would be to commence an action to revoke the permit, in accordance with the procedures in Chapter 1, Section 7.8 of the Development Code. Page 1 of 2 11/02/06 Attachments/ • Status report on CUPs for Keith's Landscaping and Am-Tech Materials provided: Design • Excerpt of Development Code-- Chapter 1, Section 7.8, Conditional Uses Contact(s): Prepared by: Anne Hurlburt, Administrator (t:/planning commission/reports/2006/CUPs nov14 agenda) Page 2 of 2 11/02/06 CUP RENEWALS—BI-ANNUAL REVIEWS Date: Business Name: Keith's Landscaping Owner Name: Keith Greenwaldt Address: P.O. Box 451, Hugo 55038 (15169 Scandia Trail) Tel: 651-433-3352 Business Type: Landscaping & Excavating Issue Date: Jan. 5, 1999 Exp. Date: Jan. 2009 Last Visit Date: Oct. 2006 Original Conditions: Jan. 5, 1999 - Keith Greenwaldt, P.O. Box 451, Hugo, MN 55038, and Owners Ellen& Barry Farver, 15169 Scandia Trail, requested a Conditional Use Permit(CUP) to operate Keith's Landscaping and Excavating in the Hawkinson Business Park on Ozark Ave. Legal: Lot 3, Block 2, Hawkinson Business Park. GEO: 14-032-20-44-0005. The letter from Marc Weigle, Town Planner and a memo from Tom Peterson, Town Engineer were read into the record. Chair Mary Lanz opened the floor to public comment. Mike Peterson, 21090 Ozark Ct N, one of the original developers for Hawkinson Business Park, stated all buildings in the park are required to have an overhang and soffits, that bathroom and septic will be needed with two to three employees and the outside of the building is a concern. Nancy Peterson, Architectural Committee member stated three members of the committee reviewed the plans and there needs to be some revision such as windows, 18" overhang, soffits, and the color to be earth-tone. There needs to be a professional landscaping plan as required by other buildings in the business park. Nancy Madden made a motion to table the CUP request of Keith Greenwaldt until he has a landscaping plan, lighting plan, and a new site plan. February 2, 1999 Mr. Keith Greenwaldt presented a revised site plan including landscaping and lighting. Color of building was confirmed as grey with white trim. A four-foot berm with trees is planned to screen storage material and mature trees already border on south side of proposed storage area. The site has been perced for septic. Nancy Madden made a motion to recommend to the Town Board that they approve the Conditional Use Permit request of Keith Greenwaldt for Keith's Landscaping and Excavation on the grounds it is a suitable use of the property. Conditions are: 1) The storage area is screened with landscaping materials, berms and fencing in compliance with the Ordinance and with Architecture Committee approval; 2) The stockpile materials do not exceed ten(10) feet in height; 3) Only "clean" materials shall be stored on site, such as sand, rock, and gravel. Construction debris and other materials not used in landscaping shall not be stored on site; 4) A minimum of three paved parking spaces are provided as shown on the revised site plan; 5) The roof and building siding be neutral or earth tone in color as required by the Hawkinson Business Park Architectural Standards—sample colors presented are acceptable; 6) The sign shall be at least ten feet from the property line; 7) All lighting shall be directed on the site and the source shall not be visible from the public right-of-way; 8) Subject to the Town Engineer's review and approval of grading and utility plans; 9) Subject to approval of the individual septic treatment system by the Building Inspector; 10) A portable toilet be available for use by employees inside the building until a bathroom is installed; and 11) Overhead door is not to be used as a loading dock. The permit is issued for one year. October 3, 2006 - Owner, Keith Greenwaldt, was present. The outside storage area was clean and orderly. The inside of the building was not inspected. Previous conditions indicated three spots should be paved in front, but he has no drive up business. Owner should be given a date by which the paving should be completed or, alternatively, given a variance that paving is not required. There is a portable toilet on site. Original conditions stated a satellite would be available until a bathroom is installed. County doesn't allow pump-only facilities for new places. A recommendation for continuation of the permit was tabled until the Administrator can check into the Township and County codes applicable to this business. CUP RENEWALS—BI-ANNUAL REVIEWS Date: Business Name: Am-Tech Design Owner Name: Michele Carlson Address: Box 236,Scandia, Hawkinson Bus. Park Tel: Business Type: Manufacturing Issue Date: Exp. Date: Last Visit Date: 9/07/04 Original Conditions: 10/07/97 Michele Carlson, 12147 205th Street, Marine, requested an amendment to her Conditional Use Permit for a 48' x 40' addition to the existing building on Ozark Avenue. Legally described as Lot 6, Block 1, Hawkinson Business Park. All setbacks would be met, there is sufficient parking and there would be no increase in outside storage. The letter from Dennis O'Donnell was read. There was no public comment. The Planning Commission discussed with Ms. Carlson the blacktopping condition from the original permit issued May 1995. Ms. Carlson indicated she could not afford to blacktop and as wel as put up the addition. She also couldn't give a date for blacktopping due to financial reasons. Mr. Booren made a motion to recommend to the Town Board that they grant the amended Conditional Use Permit, for two years, to build a 48' x 43' addition on the grounds it is a reasonable use of the property. Conditions are: 1) submit a site plan showing area to be paved and parking slots by December 1, 1997; and 2) the drive and parking area on the north side of the building be blacktopped by October 1, 1999. 9/07/04 Am-Tech Design, Hawkinson Business Park. Premises are reasonably well maintained. Recommendation: Send a letter suggesting clean up behind (south of) the facility. Planning Commission Recommendations: Violations: Action Taken: Remedy Deadline: Complaints: • Effective 6/1/99 Chapter One ❖ Administration SECTION 7. CONDITIONAL USES Some uses in zoning districts require Certain uses, while generally not suitable in a particular zoning district, may a conditional use permit. under some circumstances be suitable if conditions are attached. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for a particular use and not for a particular person or firm. Make Application for a Conditional 7.1. Application Use Permit to the Zoning Administrator. (1) Whenever this Development Code requires a conditional use permit, an application therefore in writing shall be filed with the Zoning Administrator. (2) The application shall be accompanied by development plans of the proposed use showing such information as may be deemed necessary by the Zoning Administrator or by the Planning Commission. (A) The scale of maps submitted shall be at least 1-inch to 200-feet. Maps for sites less than fifty(50) acres shall be at least 1-inch to 100-feet. The number of maps and reports to be submitted shall be specified by the Planning Commission, but shall not exceed twenty-five(25). All maps shall be reduced and included in the applicable reports. One(1) transparent mylar copy of the final general development plans, should they be approved, shall be filed with the Planning Commission within sixty(60) days of such approval. (B) Certificate of Survey (C) Site plan drawn to scale showing the following information: 1. Existing Conditions. Property lines and dimensions, building location and setbacks, dimensions of building, curb cuts, driveways, access roads, parking, off-street loading areas, septic system, and well. 2. Proposed Conditions. Property lines and dimensions, building location and setbacks, building dimensions, curb cuts, driveways, access roads, parking, off-street loading areas and any other proposed improvements New Scandia Township Development Code 41 Chapter One + Administration Effective 6/1/99 (D) Landscape Plan with the following information: 1. Existing vegetation, proposed plantings, plant schedule including information about the plant size,quantity,type and root condition and ground cover. (E) Grading and Drainage Plan (F) Soil Conditions (G) Building Floor Plan (H) Building Elevations (I) General Location Map (J) Principal land uses within 200 feet of the property. (K) Proof of ownership in the form of Abstract of Title, Certificate of Title, Attorney's Title Opinion, unrecorded documents where petitioner will acquire legal or equitable ownership. (L) Type of business or activity and proposed number of employees. (M) Sanitary sewer and water plan (areas without public sewer or water). Applications for a Conditional Use 7.2. Notice and Hearing Procedure Permit heard by the Planning Commission require a formal public (1) Upon receipt of an application that contains all required hearing. information, the Zoning Administrator shall refer the matter to the Planning Commission and establish a time for hearing The hearing date is set once the on the application. From the date the Zoning Administrator Zoning Administrator has received receives the application containing all required information, complete application. The the Township has sixty(60) days to take action on the request Township has sixty(60)days to or the request shall be deemed approved, provided,however, make a decision once the Zoning that the Zoning Administrator may extend this time line by Administrator receives a complete providing written notice of the extension to the applicant application. This time frame can be before the end of the initial sixty(60)day period. This extended an additional sixty(60) notification must state the reasons for the extension and its days if necessary to gather anticipated length, which may not exceed sixty(60)days. additional information. There are The deadline may also be extended as indicated in Minnesota criteria that the Planning Statute 15.99 Subd. 3. Commission must consider before recommending a Conditional Use (2) Notice of the time, place and purpose of all public hearings Permit to the Town Board. shall be given by publication in the Township's Official Newspaper at least 10 days before the hearing. The notice shall state the purpose, time and place of the public hearing. (3) Written notice shall also be given to the affected Board of 42 New Scandia Township Development Code Effective 6/1/99 Chapter One ❖ Administration Town Supervisors and the Municipal Council of any municipality within two(2) miles of the affected property. (4) Notice shall also be mailed to each of the owners of all property located within one-quarter(1/4) mile of the affected property or to the ten (10)properties nearest to the affected property whichever would provide notice to the greatest number of owners. (5) Where required, no less than twenty(20)days prior to the public hearing, the Zoning Administrator shall send notice and copies of the applicants' information to the Minnesota Department of Natural Resources for review and comment. (6) Defects in the notice shall not invalidate the proceedings provided a bona fide attempt to comply with the provisions of this Section has been made. A copy of the notice and a list of property owners and addresses to which the notice was sent shall be made a part of the record. The Planning Commission uses 7.3. Criteria for Granting Conditional Use Permit criteria to evaluate the request for a conditional use permit. (1) The Planning Commission may recommend to the Town Board a conditional use permit in any district, provided the proposed use is listed as a conditional use for the district and upon a showing that the standards and criteria stated in this Development Code will be satisfied and that the use is in harmony with the general purposes and intent of this Development Code and the Comprehensive Plan. In determining whether the proposed use is in harmony with the general purpose and intent of this Development Code and the Comprehensive Plan, the Planning Commission shall consider: (A) The impact of the proposed use on the health, safety and general welfare of the occupants of the surrounding lands. (B) Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands. (C) The effect of the proposed use on utility and school capacities. (D) The effect of the proposed use on property values and scenic views in the surrounding area. (E) The effect of the proposed use on the Comprehensive Plan. (F) The ability of the proposed use to meet the standards of the Development Code. New Scandia Township Development Code 43 Chapter One + Administration Effective 6/1/99 (G) The results of a market feasibility study, if requested by the Zoning Administrator, when the purpose for which the conditional use is being requested relies on a business market for its success. (H) The effects of the proposed use on groundwater, surface water and air quality. (I) That the proposed use is allowed with a conditional use permit in the designated zoning district in which it is proposed. The Planning Commission can (2) In connection with the issuance of Conditional Use Permits to impose conditions when it grants a nonconforming situations, the Planning Commission may conditional use permit. require nonconformities to conform to the regulations contained in the zoning regulations and may impose such additional restrictions or conditions as it deems necessary to protect the public interest. When appropriate, restrictive covenants may be entered into regarding such matters. Costs of monitoring compliance with (3) The Planning Commission may impose and the applicant the permit can be imposed by the shall pay costs incurred by the Zoning Administrator for Planning Commission. monitoring compliance with the conditions of the Conditional Use Permit. 7.4. Referral to Town Board Upon receipt of the Planning Commission report and recommendation, or within 60 days of the opening of the public hearing by the Planning Commission, the Zoning Administrator shall place the request and any report and recommendation on the agenda of the next regularly scheduled meeting of the Town Board. Upon receiving the request and any report and recommendations of the Planning Commission and Staff,the Town Board shall make a recorded finding of fact. (1) Approval of CUP request requires passage by a simple majority vote of the Town Board. (2) The Town Board may impose additional conditions as it considers necessary to protect the public health, safety and welfare. 7.5. Compliance The use shall conform with the applicable sections of this Development Code. 7.6. Length of Conditional Use Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such 44 New Scandia Township Development Code • Effective 6/1/99 Chapter One ❖ Administration permit and of any conditions designated in connection therewith. Conditional Use Permits shall remain in effect for so long as the conditions agreed upon are observed, provided that nothing in this section shall prevent the Town Board or the Planning Commission from acting or amending Official Controls to change the status of conditional uses. 7.7. Expiration of Conditional Use Permit A conditional use permit shall expire and be considered null and void one(1)year after it has been issued if no construction has begun or if use has not been established or, once having been established,has not been actively maintained for more than one year. Violations of conditions imposed by 7.8. Revocation the Planning Commission can cause the conditional use permit to be A violation of any condition set forth in a conditional use permit revoked. shall be a violation of this Development Code. If within thirty(30) days of written notice from the Zoning Administrator the violation has not been corrected, the Township may pursue the following procedure to terminate the permit. (1) Written notice of revocation shall be served upon the permittee at least ten (10)Township working days prior to the CUP being revoked. (2) Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. Such written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred and a statement that if the permittee desires to appeal,he must, within ten (10) working days, exclusive of the day of service, file a request for a hearing. (3) The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the Town Clerk at the Town Hall by midnight of the tenth Township working day following service. (4) Following the receipt of a request for hearing, the Town Board shall set a time and place for the hearing. Records of Conditional Uses are 7.9. Records of Conditional Uses maintained by the Zoning Administrator and filed with the (1) A certified copy of any conditional use shall be filed with the County Recorder. County Recorder or Registrar of Titles. (2) The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location, conditions imposed by the Planning Commission, time limits, review dates and such other New Scandia Township Development Code 45 Chapter One ❖ Administration Effective 6/1/99 information as may be appropriate. (3) A copy of the filed permit, bearing a notation of the filing date shall be mailed to the applicant. 7.10. Amended Conditional Use Permits Amended conditional use permits shall be requests for changes in conditions of the existing permit. An amended conditional use permit application shall be administered in a manner similar to that required for a new conditional use permit. 7.11. Reapplication No application for a conditional use permit for a particular use on a particular parcel of land shall be resubmitted for a period of twelve (12)months from the date of the denial of the previous application. 7.12. Phased Developments In order to preserve an appropriate flexibility in the development plans for a large project that is to be developed over a number of years, a preliminary plan may be approved after a public hearing. The developer would then seek approval of the final plan in stages as he progresses with development. No additional public hearings need be held unless the developer proposes to make a substantial change from the plans or conditions included in the conditional use permit when it was granted approving the preliminary plan. Enlargement, intensification of use or similar changes not specifically permitted by the conditional use permit issued, shall be considered substantial changes. 7.13. Existing Uses. All uses existing at the time of adoption of this Development Code that now require a conditional use permit may continue in the same manner of operation as the use did upon the effective date of this Development Code. Any enlargement, structural alteration or intensification of use shall require a conditional use permit as provided for above. The Planning Commission may impose additional, reasonable conditions for the continuation of such use in accordance with the hearing provisions as set forth in Section 7.2. SECTION 8. INTERIM USES The purpose and intent of allowing interim uses is (1) to allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the Comprehensive Plan; and (2) to allow a use that is presently acceptable but that, with anticipated development, will not be acceptable in the future. 46 New Scandia Township Development Code New Scandia Township Memo To: Planning Commission &Town Board Members From: Anne Huriburt, Administrator Date: 10/30/2006 Re: Draft Resolutions for Planning and Zoning Approvals Starting with the November 14, 2006 meeting, a draft of the findings and conditions in the form of a resolution will be provided as part of your packets. State law (Section 462.36) requires certified copies of resolutions for variances, subdivisions and conditional use permits to be filed with the county recorder. As a township, Washington County took the final action, so we have not been recording our approvals. That will change with the incorporation. There are several items on the November 14 agenda which may not go through the County approval process by the end of 2006. Because the Township's decisions may be final, it seems like a good time to begin documenting actions in a convenient format for recording. Staff and/ or the planning consultants will provide a draft resolution as part of their reports. At the meeting, the Planning Commission can work from the draft resolution to add or amend findings or conditions as necessary to reflect your recommendations. The motion could be simply to recommend that the Board adopt the resolution as drafted, with appropriate amendments. The Board then would work from the draft resolution as amended to take their action. If the amendments become too complicated or confusing, it may be necessary to bring the final version back to the Board for action at a later date. Those times will probably be rare. Please let me know if you have any questions. • Page 1 $_czi),..A. 0(A,a0,.,...\. A J)0.--) \-.) • Y--zi (-)ci. e'\,, —_-_--eVIVG ri-/X,-7-L f „(2-,I = /I:71\i'2 (2L22-6-1G'-'6 (eiL) ____ — \rr eive -]Anr- Noti,,,,,_,,N,72 i — oN 0-v2-7 IN\ '\91-10;990 g`el\c/ %Nild .92`21\IVNIC12-40 "i? 5DCY7) ite20-1 :g_LVd "q tVS '-'1V`e:igda,1 T1V MOTIO 1.9111N (1\91,01 '_9 1.,_, '9NOLIV90-1 '? `5aLON 92719 ' 1\10191\12YIld ' 0/7/1/G:g.J.Vd 1;961 - 1\V A, Ty K.413e1A --- 1111N ... v:. , _______ __, 1 ___________________m_____ —, .. , 1 , ' ! ' ! 1 . /t ;z 1 , '4...------4-4-------- 11 11.----d la / t ,,,rrt $ , , 1 1_ L_1_,_, ;;; , , —, ; , .,„ / ; ;,.- —; ; ; ;;;,;;;a: _,._; , ; r_______.4.4_-____A ......._,..._ii 1 1 , 1::-/•;, :;4-, i ; 11 IMMO. 044, -1 ; ' 1 -1 .41 1; -;. 1 ', i; : --- --------------- i 1--- 1 , --- , ____..........._ -- 1---- i 1 / ; . LI 1 , , . • . , , . ______ , . „______. I zi , , ,..•,.. . , • , , , i ,• , .__ --_. \ / ,,,,, „7„.• , • , • LulTi HD . , . ,.... 1 ,,, --_-.-- t.t1/17.4.2.11 A.4:26"21 ,„,...._, 11-- - - i,...... H----a ,. "-- ,, ,../, / ,,„„ ..,,,,,_ , ,; _ ,_ , , , •,.._; ; , ; „•,_.„, ,...., ,, , \ , • • • ,, _...,...1 hic . < . . , . ; _ • ,_____iI ____ 1 L . , --a ---; •,-::: , , - -H1 1.- . , , „,'2:1 ,.., • ,...? , ,-....,' . ';',..: — ',, i T ... •[ ._ . , ,•:.,-; . , • , ,;•, ;.„, , --------------•„__________________ / ,1 _ , 1 , I /I k , '1 1,,,/ 04;i t! A.A.,,,,\::\ V !I )11 . 01 /' ,- . 1 , 1 , ,, '..r- I 4_ `AT,t-, ,..i., ... pnMme AQ'0Y'e LO401 A 9002'82,egweldeS Pe001d A U U 2 M ,�'i � 1 * t- � '�+� ...i'.,..�r•,r75"��k`?' �",9", r ''�'` , oo§4a Q - "`. '-'x 4 4 - - _.Z g e �Z> i L. o 3 ke S- cr'x H' •ity az ¢ o . zw w L. .r �, - • ,}r f x� d r41Z,,�r .c.7 -; yy , m 1-.7 Ag ; — y CC CC6C za a f O i w 1•. . SC_Cc oa 3 2 Q Y;... W f� �, 4 t J'}!•f,c' 1 :.,,l A h yl MLaf r 0 *" / �� �t ��,h+k a t e xi o n " > � w �'rr re k•e '�� ' 3 s�,q. a 1 y, t r ye ! S4y?. ., - ::F 'Y• .. a - ' III - Y, g if .:+1, fi ''r{r 4�",.,"S;;N,,, ,t'"f"tM� h`.. y,r F s '„\ 4 s '.0 ,.= ^n d '` ,.'''N" 1)id i '1keZ $;',yor'l "",,ri nd ' r. r1,F1' �r "41Y�` `�7, "y y `;P a+ ` 4{ ) 4•., 'y �Tp 33Ty ',N,,,..yy!,�0,,�.�•'.a �iY?4 ,'e' '_•, � x• .r : +pi . 25 gg I '¢+I I s . I 1 1 1 • r7 I11 l i„ 1 �) b/r,,,,\ . • ■■■■.a 1` •� �{I iP_— 1 -1 r• , I _ I .Y. '' c i {dYVt a�.V- - - w' L ____I _ L ` :� �' ', , \ C ` AAte�,._ .' ]lf o CO \\I ‘, ,* ' \ ' • r1A , 4- w 4r. Y �4' /t l.. r ^rrE Tr 1' 2..............NN / I\\,) f tt 1 ;I uMMf rY'a k tY' �)f AY )r t W I h W cn Q33a Qa S3 3 p // I w zzzg ^ w o 0 0 .Y Ln J i . i /,. / // , V I4 3! 7;' r' o U � p Q 1 O o �1 ik ZQ O c rA' - i; O i E �/ 11 Z V E • Ia,Z ,•, C' 3 � m �3 • V] 74 y