Loading...
08-05-2008 Meeting jA CITY OF SCANDIA CITY COUNCIL AGENDA Tuesday, August 5, 2008 7:00 P.M. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda 4. Public Hearings (None) 5. General Business a) Temporary Liquor License for Scandia Softball Association b) Appoint Judges for September 9, 2008 Primary Election c) Comments on May Township Comprehensive Plan d) Comments on Forest Lake Comprehensive Plan e) Tobacco Products Sales License, Scandia Grocery Store and Deli f) Grading Permit for R & J Excavation, 19005 and 18997 Layton Ave. N. 6. Recommendations from the Planning Commission a) Tom and Lisa Stanek. Variances Including Lot Size and Setbacks to Construct a New Single-Family Dwelling at 19107 Layton Avenue North b) Ross and Marta Nelson. Variance to Construct an Accessory Structure Closer to the Road Right-of-Way than the Principal Structure, 12445 235th Street North c) Mark and Colleen Kaiser. Variance to Construct an Accessory Structure Closer to the Road Right-of-Way than the Principal Structure, 14440 Old Marine Trail d) Scot and Courtney Taylor. Amended Conditional Use Permit to Allow a Sand Volleyball Court at Meisters Bar and Grill, 14808 Oakhill Road North e) Jim & Nancy Hermes. Proposed Lot Division in Kirkhill Estates, 22577 Kirk Ave. N. 7. Adjournment Meeting Date: 8/5/2008 Agenda Item: 5-( ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the Temporary Liquor License for the Scandia Softball Association for September 5, 2008. Deadline/ Timeline: Background: • The Softball Association has requested a license for their beer sales during games at the Scandia lighted ball field during the annual Taco Daze event. • The license application appears to be in conformance with Ordinance No. 93, adopted by the Council on January 2, 2007. A certificate of insurance has been received. Recommendation: I recommend that the Council approve the license. Attachments/ • License application Materials provided: Contact(s): James Lindberg, 651 433-2265 Prepared by: Anne Hurlburt, Administrator (softball liquor license) Page 1 of 1 07/25/08 prise;r• Minnesota Department of Public Safety �;r,F.•5z1 Ito AND GAMBLING ENFORCEMENT DIVISION '� 444 Cedar St./Suite 133 .. �` � '_ St. Paul, MN 55101-5133 �;, . .. (651) 201-7507 FAX (651)287-5259 TDD (612)282-6555 APPLICATION AND PERMIT FOR A 1 DAY TEMPORARY CONSUMPTION & DISPLAY PERMIT (City or county may not issue more than 10 permits in any one year) TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER STREET ADDRESS ; CITY STATE ZIP CODE NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE >" (> ) , DATE SET UPS WILL BE SOLD r TYPE OF ORGANIZATION CLUB CHARITABLE RELIGIOUS OTHER NONPROFIT ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location where permit will be used. If an outdoor area,describe APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL CITY/COUNTY Sc_ci ick(((f.L DATE APPROVED CITY FEE AMOUNT i S. 06 PERMIT DATE 1 - S- Zoc)is' (Not to exceed$25) DATE FEE PAID 7- /4 CI) ( ) SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event PS-09098(5/06) Meeting Date: 8/5/2008 Agenda Item: h) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Appoint judges for the 2008 Primary and General elections. Deadline/Timeline: Must appoint judges for the Primary not later than August 15, 2008. Background: • Appointments of election judges are made by the City Council. The Council can appoint any individual to serve as an election judge, with the exception of the following who are not qualified to serve: o A candidate in that election; o The husband, wife, parent, child, brother or sister of a candidate; o The husband, wife,parent, child, brother or sister of another judge in the same precinct (serving at the same time); or o A challenger. • All of the individuals recommended for appointment completed a required two-hour training session on July 22, 2008. The list will be used to schedule judges for the primary and general elections, as well as to schedule judges to observe the required public accuracy tests and assist with absentee balloting on the Saturdays prior to the elections. Recommendation: I recommend that the Council adopt the resolution appointing election judges. Attachments/ • Draft Resolution No. 08-05-08-01 Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (election judges) Page 1 of 1 07/30/08 CITY OF SCANDIA RESOLUTION NO. 08-05-08-01 APPOINTING JUDGES FOR THE 2008 PRIMARY AND GENERAL ELECTIONS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the individuals on the following list are appointed as judges for the September 9, 2008 Primary and November 4, 2008 General Elections: Head Judge: Mary Hulleman Ted Becchetti Jeanine Kopel Michelle Carlson Donna Larson Kimberly Chisholm Sally Lawrence Florence Daninger Barbara Maile Dolores Fearing Lisa Marta Joni Freier Wanda Nelson Patti Funni Linda Nickelson Patricia Grothe Avalon Okerson Judy Harvieux Beverly Pratt Nancy Hermes Sandra Russell-Reed Ron Hoheisel Judith Rydeen Gary Hogle Sandy Savino Jan Hogle Susan Tuomi Marilyn Hogle Dalene Waskey Verona Kees Adopted by the Scandia City Council this 5th day of August, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator Meeting Date: 8/5/2008 Agenda Item: / C City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a letter to the Town of May regarding their request for review and comment on their 2030 Comprehensive Plan. Deadline/ Timeline: Review period ends December 13, 2008. Background: • Minnesota law requires each municipality to submit its proposed comprehensive plan to adjacent governmental units and affected school districts before submitting it to the Metropolitan Council. Adjacent units are allowed 6 months to review and comment on an updated comprehensive plan. • The Town of May submitted its plan to Scandia on June 13, 2008. They have requested comments as soon as possible so that the Metropolitan Council's review can begin. • The full plan was submitted on a CD in PDF format. A copy of the planned land use map has been attached for your review. • The plan appears to have little impact on the City of Scandia's planning. They are planning for rural densities of 1 unit/ 10 acres in most of the township,with densities of 1/20 in "conservancy" areas and 1/40 for agricultural areas eligible for the Metropolitan Ag Preserve Program. • May is taking a different approach to aggregate resources than Scandia's plan, indicating existing mining areas in an overlay land use classification and including a policy to encourage extraction of aggregate resources before development of land for other uses. Recommendation: I recommend that the Council approve the return of the attached form to the Town of May indicating"no comment" on the 2030 Comprehensive Plan. Attachments/ • Planned Land Use Map Materials provided: • Letter dated June 13, 2008 from Northwest Associated Consultants Contact(s): Prepared by: Anne Hurlburt, Administrator (may comp plan) Page 1 of 1 07/21/08 180 n st N SCANDIA -�� 1a2nd6IN ______ Town of May v 177 h _.a 0 Manrrr %, wi / IBM;atr. if # ' 2 . ' 1111111 , ' . III - i flog - lik111 / �'- at • - - '� �"t MARINE ON sT.cROIx 2030 COMPREHENSIVE 1^ ❑= 1 PLAN UPDATE 9 11 l� T ' u 2030 Land Use k d _ "ir - . I 4.4., Dim�1 r p Land Use Designations 1 -•�`� EEET :10)mg 1 a la - ,: lIli 1 i — III 1 1.1 Is '� e �� 1 -ir,' IIIIIPark&Recreation C �`O �••, — -- - .__ r __ ( I,.,d� 1sr h St a �� i�� t �-' l�`n- -` IIII Public/Institutional , ,�,,, 1�- p .. IP Commercial e '.- _ 111411: 7 K a ` .„ sue --14 1 ilii�V Significant Open Waters ,r, j sly Nor t 'r�e��r�A1 �� ♦ � 3 Yg4o^ �el.; t q- F 1 Mining Area Overlay � - , a Lam• 'rt'� 10II r ay.' iiik .'Ai airi '''' ...:4.m. . r . ....III . ' motto , , rri•'I .,t .I., _ ill • tr r - , ,..., ,:,,,,,„;,. 1 ,, Jo „. 7,.... ..„;., lin I, , .Amikspir 2,.'"::' " -1E0N TENEliniej �� _ M� d �4G, + ''n�'` Miles 31� y 32 <— fate L. 0 0,5 I. 2 �1 al �. , `SIC=� �If ` � z This map is for planning p oses only. ^— _ a`S_N__-1� ..may,_._., `Y�_ _ Q! _ =� Source:Washington County,Metropolitan Council,MN DNR, , ti NV -�••� :__ # r'1 • �+ .`-'. ./ W. and Land Management Information Center,May 2008. c , C1 IV , T I--� --:- — , ' iii-k1 NOSrNF1S•ASSOCIAISO tO6154 INC. GRANT STILLWATER TOWNSHIP ...„.. ,,, , ,.„:..:' __.- Palle t r C, NAC NORTHWEST ASSOCIATED CONSULTANTS , INC . 4800 Olson . Memorial Highway, Suite 202, Golden Valley. -MN 55422 Telephone: 763.231 2555 Facsimile: 763.231.2561 plannersanacplanning.cem- RECEIVED June 13, 2008 JUN 16 2008 To Whom It May Concern: CITY OF SCANDIA This office serves as the Town Planner for the Town of May. Enclosed for your review and comment is the draft 2030 Comprehensive Plan Update. This draft plan is being distributed to affected government jurisdictions in accordance with Minnesota State Statutes Section 473.858 prior to submittal of the plan to the Metropolitan Council. The comment period for the draft plan will end December 13, 2008. If your organization has no comments please sign, date and return the attached form. Comments on the draft plan should be submitted directly to John Glomski, Northwest Associated Consultants, Inc., 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422. If you have any questions, please contact John Glomski at 763-231-2555 or jglomski(c�nacplanninq.com. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. John Glomski Planner '—'N I acknowledge receipt of the 2030 Comprehensive Plan Draft for the Town of May and do not have any comments or revisions. Organization 1 �1� f( U (G t 1 / }*� 61'11 r`1 I S f j'Zcto Name/Title (please print) Signature Date Meeting Date: 8/5/2008 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a letter to the City of Forest Lake regarding their request for review and comment on their 2030 Comprehensive Plan. Deadline/ Timeline: Review period ends December 16, 2008. Background: • Minnesota law requires each municipality to submit its proposed comprehensive plan to adjacent governmental units and affected school districts before submitting it to the Metropolitan Council. Adjacent units are allowed 6 months to review and comment on an updated comprehensive plan. • Forest Lake's plan was received by Scandia on June 16, 2008. They have requested comments by September 1, 2008 so that the Metropolitan Council's review can begin. • The full plan was submitted on a CD in PDF format. Copies of three of the plan maps have been attached for your review. • Forest Lake's land use plan shows agricultural uses (1:10 density) bordering Scandia south of 202nd Street, and rural residential uses (1:5 density) in the rural areas north of 202nd. The city is not planning to expand its existing sewer service area, which extends to the Scandia border in an area north of Highway 97 on the east side of the lake. A small neighborhood commercial site is planned for the northeast corner of Highway 97 and County Road 2 (North Shore Trail.) An adjacent site is designated as public/institutional. This site is designated for a possible future fire station,but construction of a fire station is not shown in the 2008-2012 Capital Improvements Plan included in the Implementation chapter of the draft plan. The plan shows two trails connecting to Scandia, along State Highway 97 (Scandia Trail) and County Road 50 (Keystone.) Recommendation: I recommend that the Council approve the attached letter to the City of Forest Lake indicating"no comment"on the 2030 Comprehensive Plan. The plan does not appear to have any significant impacts on Scandia's planning. Page 1 of 2 07/25/08 Attachments/ • Draft Proposed 2030 Planned Land Use Map Materials provided: • Draft Proposed Utility Staging Plan • Draft Proposed Parks and Trails Plan • Letter dated June 13, 2008 from the City of Forest Lake • Draft letter to the City of Forest Lake Contact(s): Prepared by: Anne Hurlburt, Administrator (forest lake comp plan) Page 2 of 2 07/25/08 CHISAGO COUNTY 24Qth Sl NWyoming Township ir H i�•� /� et rail iW;_ - ___-_ ' �r-,i, 2,4 ` I �r s"'d� Q�yc Yam! , - - r City of Forest Lake ¢f i .t O Agog'11 . —'235th.S '�.1. __ k75' 1�= - 2351hs1-N�.� Draft Proposed 2030 R. 232n. 1 N �� A3 ulf,` tYJ� i` �,`/ a' w ���rt _� Future Land Use "i t I Forest Lake if�c 230th St N.g I k �p /y/( ar 411 -9:iQt�! ! 1- Future Land Use Desi nations z I -//® rdr4A I 1F r I 9 ( ) � , �, A riculture 1:10 p I i ! / pn9 -r` '�E�. df.# r` re} 'ram- Julep T a ._._ Z y f ,fc a - j �'Agricultural Preserves(1:40) O t.` . _ o 4".--lad a +•f n t8' ©r.t111118A.4iieh. ^rt' r t-- Rural Residential(1:5) 1 - / �I ? % o th Sits 0111� fb \ i Low Density Residential(1-2 DUA) �� JP Low/Med.Density Residential(2.6 DUA) �^ 135 b / L_ ` 41 Medium Density Residential(6-10 DUA) Mud ,tt _7 �' ' I=-slh r y 2 Lake a "� I a pj High Density Residential(10-15 DUA) 1 I� I Forest Lake '\ 1 j C/cnrLnke /,/J - / Seaadla gel - t fa,l _ ,_ _ � a t Future Urban Residential(1:20 interim) }�_ / % H p� I/ `; an::� "rl`,� � I !� � � Q� � .. ,a3x^�. \c�, i V//d Mixed Use I� W 9 414„,i-_ ' HAI:: r v ,� Downtown Mixed Use I J r r ! v f I c5iii `„N,, y Neighborhood Commercial 1 i , r ,, _p j J ' I Sca - t t 4 a r b r:. I 1� ' 97 -nd _ _ ,' o General Business ��y" r ,�r�I � m t t It < '•-- 7 ,-�" - � �, I4'7.. ! t, k: 1 / w'7'.;"ti .` i# a� = i� _ Highway Commercial r 1 / I t� , - 1 e '. '*� - -� Business Park nreld; y 1 l if., \ I _ 'T * _ 2o2ndsl N y _-- 2o2iVd sMN It t Industrial E i k Ya -�a J (( ` �*'Jk .l Z a I� 1'° I Conservancy(1:20) yg tst i ! I , >� r - T, ;I s 2ootn tst i$R a 'Y,r ifif �i.ir�: Park and Recreation I ! a ,� - - = IfL Publidlns6tutional fl I �. Wildlife Management Area Boundary c ; ':ir '; RMP Boundary ;.: a is ix �� Road s th st1 e _� /^\Jf Corporate Boundary Q N- 1 r Irti t--\,,, „ 1 i I' p c-• 6 l r � I . _. - I Stream,Ditch t° ) �' ��, L-S� y t la` k,: j: ICI il— j ?�Wetland June10.2008 u )c ", (_ j I PWI Lakes #Bonestroo }! ti I t. �� �— '¢'. . . no"� , um Open Water a t� I taath I i I "- i....__ ! __ I 's 'k"I' '' i EJ 71 J,° ' 1I 3.200 0 3,20 Feet _ ,�. _., --_.. ,. IL.._L--...--� _- ., .�..1_1 tBetbSf.-N,.�__ •._�.�.� d I K 11 6 5/1 6 506 21 21gisimnoatnewmaos/203011u.m, City of Hugo CHISAGO COUNTY _244t4.SLA.. -•----- Wyoming Township 1 r j/+�tail r 'tlt,"--,--•--'-"---- -•'--'-'--"- 2 City of Forest Lake Q irwolh IJ1y- - . n. nu a._. To —w 5th S..,23t. !I N. _i I_v - �ar 1t_N --_ Draft Proposed • w=232\s.LN._ `'I' liI .1, �� \.i 8 I 1 I I l Utility Staging Plan �r i l — f ! C Z, Forest Lakeh_l 1_,, «r� , zanm St.N-.. "� NNE ~� ='r"• I r` r I Utility Staging Periods , W..Brgadway Av :Z i SW3rdAv ®., '. ,.r...r1, j .,ir ) ill '�_,lep----- Existing Service Area pl • o e I © Nort^ ra Trail — nal 2007-2010 m -3 Y South Sh.ra D _. / z - p hi a } 0 It1'r. r 2• 011-2015 i_________ ? I ( •1,1 IN N pf - �i - --� 2• 016-2020 !Mud �..._ A SF 16th A s...� I ! 2• 021-2025 !Ioke ti I "•"'4••o, Forest Lake 2026-2030 I Clcar Lake I• Scanma T ail N. m '�.• ! z; ••.• Post 2030 ;m j i F ?S �y I ,m Li ( .... .� f'M 2030 MUSA Boundary Sy qt Tptil'N. , 1q 3 .•••••...,•• /\\�:Corporate Boundary m ' ,�r% /V Stream,Ditch l E., ® , (� - o E"'":ci •I� \-y ' -1 Wetland :n.... ram•~[�- 702n1 St Ni I 1 A IIIIILake ,Jlul 1 ! - OU1 St.N. 1, I I i _ 3 z J E I U190th Sl N. ...w. i _ I I May 15,2008 r1 �, - �,. #Bonestroo - — 1 1 I- 3,200 0 3,20 Feet City of Hugo K nevlee0a2nrgl. m/mapaawmapdatag.,g pam a. xd CHISAGO COUNTY • _ 294m.4k.N.._-•r-r --- --------•; r��-�-�i Wyoming hip s,1 C3; tK II) City of Forest Lake I i > .yl •\ __ 1.235th St.N. I 1_ _ 1 I-. 6 r _. 235th,St..NI ` `: 1 ,� • �z Draft ;dSt,N ; /�_ % Proposed N` : ` % , 1 W ,-- Parks and Trails Plan ♦ t'. r 11 T 1 - 230th St.N.♦ • Fc,ostLoic ... r' �_�...� *� f +_ Park and Trail Categories r� �vaw r.! ti i i Z+ I �__'" r r ♦ ;� a♦- I Hardwood Creek Regional Trail ♦ _ Julep Trail t O i Sw rd Av r o Zy - Ir. �•. • /\/ Existing Trails Q I f ,0 r m _ II orth 1B-Trail o; Ar ' r d N + 0. �♦•er.� I .•♦♦� Proposed Trails/Sidewalks a i 3Y r- m South Shore Dr.'s ♦. I w , i mr e o 1 I Conceptual Off-Road Trail r �t1, I �� Snowmobile Trail Ii Mud r Lake • ��- ,� ` * Future Park Location 1 • Clear• 61 i r � •�• Fo stLake ! { i • . • •SScandleIran i.w sT�.,0' 3♦♦ 'bee aim. I Existing Parks/Open Space y s f.,—*••, r a� ♦� r i • r �. T tos i Future Parks I d� s ♦ r ? ♦♦*i,♦ Community Center r, r L • • :,' ...r zr ♦ �.��� `o , V/ Corporate Boundary rrlitti-<r I� t 2I % 1 - ♦ Cr �/ Stream,Ditch Enfield Ct. Y ♦ Im�si try �r Z Wetland I .., ,. .Y' 202nd St.N. r *1 _ Z.Q2�:St�N .t N - _ : _ 1 Z , o i „: ': ,♦• '._1 r ! f.aaaaa.ia I • �_ I� At�. �- - Lake r I , r r r O5th St._N, �',(� ;I - � I r r L ■ f rt Sy,A-." ♦ 4 I♦ j Y : - I r T 111 r I1 I r I . I + + ,-- _ .1I I June 10,2008 PILL #Bon r o , I 1 - i est o I� I � 1 III 1 11 i i N II r I_ , r 1 1 �' I I 3,200 0 3,2 Feet ••_---- K:/1 65/1 6506 212/gle/maps/newmeos/perks end trees plemrnnd City of Hugo 'y a [ RECE$VED 1*. ,!i!N ! 6 2008 ommunity Development Department CI fY OF SCANDIA D uglas Borglund,Community Development Director CITY OF 21350 Forest Blvd N, Forest Lake, MN 55025 FOREST LAKE Phone: 651-209-9734 Fax: 651-464-6874 June 16, 2008 Re: City of Forest Lake Draft Comprehensive Plan Jurisdictional Review Dear Admir1strator/Planner, The City of Forest Lake has completed its draft 2030 Comprehensive Plan after a year- long process that has included completion of a background report,public vision and goal setting, preparation of land use alternatives and drafting of thirteen chapters. The City invites comments from each of its adjacent jurisdictions on the draft chapters. The City is excited about this new plan and would like to move the review process as quickly as possible so we respectfully request comments within three months (September 1, 2008)from receipt of the enclosed disk. In turn we look forward to reviewing your plans and will reciprocate with a quick response. To help reduce the amount of paper consumed in this process we are providing each of the chapters and all related maps on a disk. If you prefer a chapter(s)to be printed please contact my office. Please provide your comments, or confirmation that you have no comments or concerns, regarding the proposed plan in writing or via email. You may contact Doug Borglund, Community Development Director at doug@ci.forest-lake.mn.us or 651-209-9734. Thank you in advance for your review time and comments. Sincerely, g Borglund ommunity De opment Director The City of Forest Lake is dedicated to providing friendly and efficient city services that enhance the quality of life for those who visit, work and live in the community. nr`� � N�,. i F August 6, 2008 Doug Borglund Community Development Director City of Forest Lake 21350 Forest Blvd. N. Forest Lake , MN 55025 Re: City of Forest Lake Draft Comprehensive Plan Jurisdictional Review Dear Mr. Borglund: The City of Scandia has completed its review of the City of Forest Lake's 2003 Comprehensive Plan Update. We have no comments on the plan. Congratulations on completion of your plan update process. Sincerely, Anne Hurlburt City Administrator Meeting Date: 8/5/2008 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider approval of a tobacco products sales license for Scandia Grocery Store and Deli new owners K& B LLC, James & Margie Dreher. Deadline/ Timeline: N/A Background: • Ownership of the Scandia Grocery Store & Deli, 14758 Oakhill Rd. will change in August. The new owners have applied for a change of ownership for the tobacco products sales license. • The Washington County Sheriff's Department, on the City's behalf, performed criminal background and drivers license checks on the applicants. They found no information that would prevent them from holding a tobacco license. • The application appears to conform to Scandia Ordinance No. 92 regulating the sale and use of tobacco products. The license fee has been paid. Recommendation: I recommend that the Council approve the license. Attachments/ • License application Materials provided: Contact(s): James & Margie Dreher, 651 307-7090 Prepared by: Anne Hurlburt, Administrator (scandia store tobacoo license) Page 1 of 1 07/31/08 APPLICATION FOR TOBACCO PRODUCTS SALES LICENSE 2008 City of Scandia, Minnesota 14727 209th Street North, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web http://www.ci.scandia.mn.us This application form is for use to request City approval of a local license for sales of tobacco, tobacco products or tobacco-related devices within the City of Scandia, as provided by City Ordinance No. 92 adopted January 2, 2007. Print, type or check all applicable information. Attach a check in the amount of the license fee, payable to the City of Scandia. Fees are not pro-rated. All licenses issued are valid for a calendar year, except that if a retail establishment conducts sales for six months or less in a calendar year it may be granted a seasonal license. Contents of this application are public information, 1. Type of License: Regular/ New (Fee= $272.00) Indicate date of opening: Regular/ Renewal (Fee= $272.00) Seasonal (Fee= $196.00) t/ Change in Ownership (Fee= $272.00) Indicate date of change: 2. Name and address of establishment: ✓�_ ' �t Name: (ck C��V o ezril 516(e 'L /I Phone: a)57 ' 4-3-9 ' 4611 Street Address: 14i 5F oa.vti i i led ‘ E-Mail: 7,eherr flail-b, ie rk City/ State: j e /a / 1t N Zip: 3 � 3. Minnesota Tax Identification Number: 'K(1OIS- I 4. Name and address of owner—business address: Name: < `3 J Phone: - 6 '��q° s �- I7ic:�z� ,-� e. . 1� �� J� � Street Address:a.;3`t��7 I� citob y crt It w•11E-Mail: Orect-eKai'T�OV i ef(�� , City/ State: h)(a J �(n � Zip: �J�'t 5. Name and address of owner—residence address: Name: Phone: Street Address: E-Mail: City/ State: Zip: ACKNOWLEDGEMENTS: I declare under the penalties of perjury and criminal liability for willfully making a false statement that this application is, to the best of my knowledge and belief, true, correct and complete. I further acknowledge that I have receive a copy of Scandia Ordinance No. 92 governing the sale and use of tobacco products, and that I am familiar with and agree to abide by its requirements. 6. Applicant Signatur (s) Date: 7/2IA • Upon receipt of this application you will be notified of the date on which the City Council will consider the permit. The City Council meets on the first and third Tuesday of each month. Applications must be received not less than 5 days prior to the meeting date. No application will be considered complete until the fee has been paid. For City Use Only PAID Application & Fee Received / _ / (r' _ u City Council Consideration (Date) ' _ L) 6% CITY OF SCANDIA Approved Denied City of Scandia, Application for Tobacco Products License Page 2, 10/17/2007 Meeting Date: 08/05/2008 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651)433-2274 Action Requested: Issue Grading Permit to R&J Excavation at 19905 and 18997 Layton Ave N. (Resolution No. 08-05-08-02) Deadline/ Timeline: N/A Background: • Per City of Scandia Development Code 5.9-2; 'Placement of natural rock rip rap including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water mark, and the height of the rip rap above the ordinary high water level does not exceed three feet. A permit and/or approval must be obtained from the Minnesota Department of Natural Resources and a grading permit is obtained from the Zoning Administrator.' a grading permit must be obtained from the Zoning Administrator (the City Council.) • The applicant would like to remove old rip rap and replace it with rip rap that conforms to the DNR requirements. • Carnelion Marine St Croix Watershed District has been to the site and has issued a permit. • The MN DNR was on site and gave their input regarding the construction of the rip rap and how it must be built. Recommendation: I recommend that the Council adopt the attached resolution issuing the grading permit to R& J Excavation at 19905 and 18997 Layton Ave N.. Attachments/ • Draft Resolution 08-05-08-02 Materials provided: • Application Contact(s): Prepared by: Steve Thorp, Code Official (19005 Layton Ave and 18997 Layton Ave grading) Page 1 of 1 08/01/08 CITY OF SCANDIA RESOLUTION NO.: 08-05-08-xx RESOLUTION ISSUING A GRADING PERMIT WITHIN THE SHORELAND MANAGEMENT AREA AT 19005 AND 18997 LAYTON AVE NORTH WHEREAS, a grading/land alteration permit has been applied for at 19005 and 18997 Layton Ave North to allow the replacement of an existing rip rap with boulder rip rap designed to the MN DNR specifications ; and WHEREAS, the project is exempt from a MN DNR Waters work permit as long as it is designed and built within the MN DNR guidelines; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does issue a grading/land alteration permit for R&J Excavation at 19005 and 18997 Layton Ave North with the following stipulations: 1. A final inspection is called for to verify that the rip rap was placed per the DNR requirements. 2. A filter of crushed rock, gravel or filter fabric material is placed underneath the rock. 3. That natural vegetation is planted between the shoreline and the rip rap wall where the vegetation has been damaged or removed. Adopted by the Scandia City Council this 5th day of August, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/City Clerk r. .1 CITY OF SCANDIA 14707 209m St N.,Scandia MN 55073 651-433-5762 fax 651-433-5112 Grading/Land Alteration Permit Application Permit number(assigned by City): Date issued Project Address: / 100, •' y c, A 0 ( >.(.) , ( x PID number or legal description: Owner: Q V\I\ Phone '.5�/ -fj5' Address: General Contractor: c . ������-: :�-� �i�; `, c Q NState Lic. # Address: ? 1/•5- (/�`,e,^ r� �;�x,? " ;c 4 Phone fi e,4 --%;7 ? Check applicable: Shoreland zone: within 1000 feet of a lake, pond or flowage or within 300 feet of a river or stream. [Consult the Scandia Shoreland Management Ordinance for specifics. Federal, State and Local agencies may also govern the Shoreland zone,the St.Croix River and other applicable areas.] ➢ Grading or filling is prohibited within the bluff impact zone or shore impact zone. ➢ Any grading or filling in the Shoreland zone requires a permit. ➢ No cutting or removal of trees within the building setback from the ordinary high water level shall be permitted. See ordinance for specific requirements of wetland types and allowable circumstances. MN DNR and Watershed District may also govern. ❑ Grading of fifty (50) cubic yards or more and/or the disturbance of 1,000 square feet or more. ❑ Clearing trees in an area larger than 20,000 square feet. ❑ A building, driveway permit has been issued or final plat approval was received. Submittal Documents: ❑ Existing and finished grade plan. ❑ Drainage and erosion control plan, ❖ Provide SWPPP if a NPDES permit is required: • Grading one acre or more of soil, ➢ A ad' g, if' is de ermin d,yhatactivity poses a risk to water resources. � r Signature` - ;/ , 2��1 - Date: 7- Phone number to contact when permit is issued: ?t j-3 j L)j 7 Cell-yesN no [] FINAL INSPECTION: A final inspection is required when finished grade plan is achieved. Building Permit Fee S Escrow S Other S TOTAL S BUILDING OFFICIAL SIGNATURE: Meeting Date: 8/5/08 Agenda Item: }z Planning 4", Commission/CityCouncil Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on the application of Tom and Lisa Stanek for variances including lot size, setbacks and lot coverage to construct a new home on a vacant lot located at 19107 Layton Avenue. Deadline/ Timeline: 60-day review period expires September 15, 2008 Background: The planner will present the attached report and recommendations at the meeting on August 5, 2008. Recommendation: The planner has recommended approval of the variances with findings and conditions which have been incorporated into a draft resolution for use by the Planning Commission and City Council. Attachments/ • Draft Resolution 08-05-08-XX Approving Variance Request Materials provided: • TKDA Memorandum dated July 30, 2008 • Location Map • Application Materials Contact(s): Tom Stanek, 763 228-0333 Prepared by: Anne Hurlburt, City Administrator (stanek variance) Page 1 of 1 07/30/08 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 08-05-08-XX APPROVING VARIANCE REQUEST FOR 19107 LAYTON AVENUE WHEREAS, Tom and Lisa Stanek have made application for variances for lot size of 10,350 square feet; lot width of 75 feet; setback from the Ordinary High Water level(OHW) of 47 feet; right of way setback of 14 feet; and lot coverage greater than 25%, with the house,deck, and entrance pad not to exceed 25%of the lot and with pervious pavers not to exceed an additional 12%of the lot; located at 19107 Layton Avenue; and WHEREAS, the property is legally described as follows: Lot 6, Block 1, Holiday Beach 2nd Plat,Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on August 5, 2008, and`:has recommended approval for the variances for lot size of 10,350 square feet; lot width of 75 feet; setback from the Ordinary High Water level (OHW) of 47 feet; right of way setback of 14 feet; and lot coverage greater than 25%, with the house, deck, and entrance pad not to exceed 25% of the lot and with pervious pavers not to exceed an additional 12%of the lot;and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Tom and Lisa Stanek for variances for lot size of 10,350 square feet; lot width of 75 feet; setback from the Ordinary High Water level (OHW) of 47 feet; right of way setback of 14 feet; and lot coverage greater than 25%, with the house, deck, and entrance pad not to exceed 25%of the lot and with pervious pavers not to exceed an additional 12% of the lot; based on the following findings: 1) The subject property has been maintained in separate ownership from contiguous parcels and therefore, as a nonconforming lot, is considered a separate parcel for the purposes of sale or development. Resolution No.: 08-05-08- Page 2 of 3 2) A hardship exists because a single family home is an allowed land use in the Agriculture, Shoreland Overlay Districts,but the existing lot is not big enough to allow for a home that conforms to all dimensional standards. 3) The lot is a pre-existing lot on which it would be impossible to build a structure that meets the lot size, lot width, OHW setback, and right of way setback standards. 4) The proposed deck further encroaches on the OHW setback than the proposed house. An alternative location for the deck exists on the north side of the house,where it would reside outside of the 47 foot OHW setback established by the house. 5) As proposed, the house, deck, and entrance pad cover 25%of the lot, and pervious pavers cover an additional 12% of the lot. In combination, these areas cover greater than 25% of the lot. The lot coverage greater than 25%is a function of the small size of the lot. The lot coverage greater than 25% allows for reasonable use of the property. Pervious paver areas are not fully excluded from the calculation of lot coverage because site-specific design detail and installation instructions, and a maintenance agreement, would be needed to ensure ongoing permeability, and because pervious pavers do not contribute other benefits of vegetated, uncovered surfaces. The use of pervious pavers is an improvement from traditional impervious surface for the purpose of protecting water quality. 6) The small size of the lot was not created by the property owner. 7) The proposed home is consistent with the emerging character of the Bliss Addition. It is similar to other newer homes in scale and Nacsanent on the lot. 8) The proposed home is in harmony with the general purpose and intent of the Ordinance to address environmental and aesthetic concerns,and is consistent with the Comprehensive Plan guidance for protecting natural resources and scenic views. The use of pervious pavers is a method to protect the natural environment. The addition of landscaping and preservation of existing vegetation where feasible protects the environment and scenic view. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the structure is generally in conformance with the site plan dated June 10, 2008 and amended to show driveway and patio areas, and with the building plans received by the City of Scandia June 10,2008, except that the proposed deck is removed, or moved to conform with a setback of 47 feet from the OHW and side yard setback of 10 feet. 2. That the Applicant apply for a permit from the Carnelian-Marine-Saint Croix Watershed District. 3, That the pervious pavers are designed, installed, and maintained per the manufacturer's recommendations. Resolution No.: 08-05-08- Page 3 of 3 4. That landscaping is planted in the side yards and between the structure and right of way to provide screening from the neighboring properties and street. 5. That existing vegetation is maintained where feasible, exclusive of any invasive species that may be present. All standards addressing Vegetation Alterations found within the Shoreland Management regulations apply. 6. That the connection and use of the 201 system comply with Scandia Ordinance 108, governing the 201 system. 7. That all fees are paid. Adopted by the Scandia City Council this fifth day of August, 2008. Bennis D. Seefeldt,Mayor ATTEST: 4 Administrator/ Clerk T EJ: 'J 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: City Council Reference: Stanek Variance Requests Planning Commission City of Scandia,Minnesota Anne Hurlburt, Administrator Copies To: Tom and Lisa Stanek Proj. No.: 14059.006 From: Berry Farrington,AICP Scandia File Number 2008012 Date: July 30, 2008 Routing: Sherri Buss, RLA SUBJECT: Stanek Variance Requests MEETING DATE: August 5, 2008 LOCATION: 19107 Layton Avenue Scandia, Minnesota APPLICANT: Tom and Lisa Stanek ZONING: Agriculture(AG), Shoreland District 60-DAY PERIOD: September 15, 2008 ITEMS REVIEWED: Application materials received June 10, 2008 Amended site plan received July 17, 2008 and related pervious paver information BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting variances to allow construction of a new home located at 19107 Layton Avenue in the Bliss Addition on Big Marine Lake. The property is in the Agriculture District, and Shoreland Management District. The parcel was created before the requirements of today's Development Code were established, and therefore the existing lot does not meet all of the City's current standards. The variances needed in order to develop the property as proposed are for lot size, lot width, setback from the Ordinary High Water level (OHW) of Big Marine Lake, and right of way setback. In order to develop the property as proposed, the Planner finds that a variance to exceed lot coverage of 25% is also needed. BACKGROUND There are no existing structures on the subject property. The Applicant proposes to build a new home on the existing parcel of land. Certificate of Title for this property and the adjacent properties have been provided, which indicate that the properties have not been in common ownership. The Scandia Development Code, An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Stanek Variance Request Page 2 July 30, 2008 Scandia, Minnesota Chapter 1, Section 12.4 (4) addresses contiguous, nonconforming lots under common ownership. The property has been maintained in separate ownership from contiguous parcels and therefore, as a nonconforming lot, is considered a separate parcel for the purposes of sale or development. Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It states that variances are only to be permitted when they are in harmony with the general purpose and intent of the Development Code, in cases where there are particular hardships, and when consistent with the Comprehensive Plan. Hardship means that the property cannot be put to a reasonable use if used under the conditions in the Ordinance; that the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and that the variance would not alter the essential character of the area. EVALUATION OF THE REQUEST: Lot Size and Width The Scandia Development Code, Chapter 5, Section 7 addresses lot size and width requirements in the Shoreland District. The minimum lot size is 2.5 acres and the minimum lot width is 150 feet. The subject property is 10,350 square feet,just less than a quarter acre in size, and is approximately 75 feet wide. The existing lot does not meet the lot size and width standards. Variances are requested to allow a lot size of 10,350 square feet and a lot width of 75 feet. Setbacks The Shoreland Management Regulations, Section 8, addresses setback requirements. Big Marine Lake is classified as a General Development Lake. The OHW is 942.2 and the setback required from the OHW is 100 feet for a General Development Lake. The proposed home is 47 feet from the OHW, and there is a proposed deck that is 33 feet from the OHW. The Applicant requests a variance to allow an OHW setback of 33 feet, as measured from the OHW to the proposed deck. Analysis of the site plan indicates that there may be space to the north of the home where a deck could be located, conforming to a setback of 47 feet from the OHW. The Shoreland District requires a public right of way setback of 40 feet. The Applicant requests a variance to allow a 14 foot setback from the Layton Avenue. For existing parcels one acre or less in size, the side yard setback for a lot on a Recreation Development Lake is 10 feet. The proposed home conforms to the 10 foot side yard standard. The following table summarizes the setback requirements and proposed setbacks. Setback type Required Proposed OHW 100 feet 33 feet (Planner recommends 47 feet) Right of Way 40 feet 14 feet Side Yard 10 feet 10 feet Stanek Variance Request Page 3 July 30, 2008 Scandia, Minnesota Lot Coverage The Shoreland Management Regulations, Section 8.4, addresses lot coverage. It states, "A maximum of 25% of the lot may be covered with impervious surface. This includes all structure, decks, patios, walks, and surfaced or unsurfaced driveways."The subject property is 10,350 square feet. Twenty-five percent of the total area is 2,587.5 square feet. The Applicant proposes the following improvements that would result in impervious lot coverage: House 2,165 square feet Deck 336 square feet Entrance pad 84 square feet TOTAL 2,585 square feet (25%of site) The Applicant proposes to use pervious paver systems to build the driveway, path, north patio, and east patio. The square footage of the pervious paver areas are as follows: Driveway 384 square feet Path 180 square feet North patio 360 square feet East patio 336 square feet TOTAL 1,260 square feet (12%of site) The Applicant has provided general information about the proposed pavers and results from a soil boring taken in the proposed driveway area. The attached memo is a review of the pervious paver information. Soils are sandy and will provide for fairly rapid infiltration. The proposed paver materials are permeable. The ability of the pervious paver areas to infiltrate storm water will depend on how they are designed, installed, and maintained. The pervious paver review memo makes general recommendations for design and installation. The Planner recommends that the pervious paver area should not be fully excluded from the calculation of lot coverage, and that a variance to exceed 25% lot coverage be considered. Site-specific design detail and installation instructions, and a maintenance agreement, would be needed to identify a suitable credit for the pervious pavers. The Shoreland Management Regulation's definition of lot coverage specifically includes patios, walks, and driveways. In addition, maximum lot coverage standards include benefits in addition to storm water management, such as the aesthetic benefits of vegetation. The City of Scandia has not previously fully excluded pervious paver areas from the calculation of lot coverage. The Planner recommends the variance for lot coverage be approved, with the house, deck, and entrance pad not to exceed 25%of the lot, and with pervious pavers not to exceed 12%of the lot. Wastewater Treatment The proposed home will connect to the Bliss Addition common wastewater treatment facility(201 system). The Applicant provided a letter from Washington County Department of Public Health and Environment stating that the 201 system has capacity to serve the proposed home. Stanek Variance Request Page 4 July 30, 2008 Scandia, Minnesota Building Height The Shoreland Management Regulations, Section 8.3 establishes a maximum building height of 35 feet. The proposed home is approximately 32 feet tall, as measured from the mean height at grade to the mean height between the eaves and ridge. The proposed structure conforms to the height standard. Minnesota Department of Natural Resources (MnDNR) Because the proposed home is in the Shoreland District, the application materials were submitted to the MnDNR for review and comment. Written comments have not been received at this time. Carnelian-Marine-Saint Croix Watershed District Because the proposed home is in the Shoreland District and requires a variance from the City, a permit from the Watershed District is needed. The Planner recommends that as a condition of approval, the Applicant apply for a permit from the Carnelian-Marine-Saint Croix Watershed District. Consistency with Comprehensive Plan, intent of the Ordinance, and character of the area Variances may be granted when in harmony with the general purpose and intent of the Development Code and when consistent with the Comprehensive Plan. Variances must not alter the essential character of the area. The character of the Bliss Addition is residential lakeshore development on small lots, with structures ranging from small cabins to large homes. The essential character of the area is changing, as smaller homes and cabins are expanded or replaced with larger homes. Larger homes have been allowed in the area so long as they meet the general intent of the Development Code by addressing environmental and aesthetic concerns such as landscaping, screening, stormwater management, and alternative wastewater treatment systems. The adopted Comprehensive Plan calls for Recreational Development lakeshore densities consistent with the 2.5 acre lot size standard, but it does not address the unique situation of the Bliss Addition where lots were subdivided before adoption of a Comprehensive Plan. The Plan emphasizes the value of natural resources and scenic views in Scandia. The draft 2030 Comprehensive Plan, not adopted by the City, addresses lakeshore traditional areas that includes the Bliss Addition. The goal for such areas is, "To maintain the established pattern of small-lot residential development in lakeshore areas while improving stormwater management and land stewardship practices." ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request Stanek Variance Request Page 5 July 30, 2008 Scandia, Minnesota PLANNING STAFF RECOMMENDATIONS: The Planner recommends conditional approval of the variances for lot size of 10,350 square feet; lot width of 75 feet; setback from the Ordinary High Water level (OHW) of 47 feet; right of way setback of 14 feet; and lot coverage greater than 25%, with the house, deck, and entrance pad not to exceed 25%of the lot and with pervious pavers not to exceed an additional 12%of the lot; for 19107 Layton Avenue. The Planner recommends that the proposed deck be removed or relocated to the north. The requested OHW setback shown is 33 feet,but removal or relocation of the deck would result in an OHW setback of 47 feet. The Planner's recommendation is based on the following findings: 1) The subject property has been maintained in separate ownership from contiguous parcels and therefore, as a nonconforming lot, is considered a separate parcel for the purposes of sale or development. 2) A hardship exists because a single family home is an allowed land use in the Agriculture, Shoreland Overlay Districts,but the existing lot is not big enough to allow for a home that conforms to all dimensional standards. 3) The lot is a pre-existing lot on which it would be impossible to build a structure that meets the lot size, lot width, OHW setback, and right of way setback standards. 4) The proposed deck further encroaches on the OHW setback than the proposed house. An alternative location for the deck exists on the north side of the house, where it would reside outside of the 47 foot OHW setback established by the house. 5) As proposed, the house, deck, and entrance pad cover 25%of the lot, and pervious pavers cover an additional 12%of the lot. In combination, these areas cover greater than 25%of the lot. The lot coverage greater than 25%is a function of the small size of the lot. The lot coverage greater than 25% allows for reasonable use of the property. Pervious paver areas are not fully excluded from the calculation of lot coverage because site-specific design detail and installation instructions, and a maintenance agreement, would be needed to ensure ongoing permeability, and because pervious pavers do not contribute other benefits of vegetated, uncovered surfaces. The use of pervious pavers is an improvement from traditional impervious surface for the purpose of protecting water quality. 6) The small size of the lot was not created by the property owner. 7) The proposed home is consistent with the emerging character of the Bliss Addition. It is similar to other newer homes in scale and placement on the lot. 8) The proposed home is in harmony with the general purpose and intent of the Ordinance to address environmental and aesthetic concerns, and is consistent with the Comprehensive Plan guidance for protecting natural resources and scenic views. The use of pervious pavers is a method to protect the natural environment. The addition of landscaping and preservation of existing vegetation where feasible protects the environment and scenic view. The Planner recommends conditional approval of the variances for lot size of 10,350 square feet; lot width of 75 feet; setback from the Ordinary High Water level (OHW) of 47 feet; right of way setback of 14 feet; and lot coverage greater than 25%, with the house, deck, and entrance pad not to exceed 25% of the lot and with Stanek Variance Request Page 6 July 30, 2008 Scandia, Minnesota pervious pavers not to exceed an additional 12%of the lot, for 19107 Layton Avenue. The Planner recommends the following conditions: 1. That the structure is generally in conformance with the site plan dated June 10, 2008 and amended to show driveway and patio areas, and with the building plans received by the City of Scandia June 10, 2008, except that the proposed deck is removed, or moved to conform with a setback of 47 feet from the OHW and side yard setback of 10 feet. 2. That the Applicant apply for a permit from the Carnelian-Marine-Saint Croix Watershed District. 3. That the pervious pavers are designed, installed, and maintained per the manufacturer's recommendations. 4. That landscaping is planted in the side yards and between the structure and right of way to provide screening from the neighboring properties and street. 5. That existing vegetation is maintained where feasible, exclusive of any invasive species that may be present. All standards addressing Vegetation Alterations found within the Shoreland Management regulations apply. 6. That the connection and use of the 201 system comply with Scandia Ordinance 108, governing the 201 system. 7. That all fees are paid. • 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: Berry Farrington Reference: Pervious Paver Review Copies To: Sherri Buss 19107 Layton Avenue Proj. No.: 14059.006 From: Connie Taillon,PE Routing: Date: July 24, 2008 The following review for 19107 Layton Avenue is based on these submittals: 1. Certificate of Survey(with paver areas highlighted)prepared by Landmark Surveying, Inc.,dated June 10,2008. 2. Soil Boring Test Report prepared by Tradewell Soil Testing,dated July 15,2008 3. Aquapave,Uni Eco-Stone, and Netpave 50 Brochures. 4. Report of Infiltration Testing prepared by American Engineering Testing, Inc.,dated August 3, 2007. Comments: 1. The soil boring results indicate an 8 inch layer of loamy fine sand topsoil underlain by a 20 inch layer of medium fine sand(type"A"soil classification) followed by a 49 inch layer of fine sand with fine silty loam bands. A perk test was conducted in the medium sand layer. This soil layer was found to be very well drained and suitable for infiltration. When installing the permeable pavement, it is highly recommended that the soil subgrade be located in this medium fine sand layer. 2. The three paver material options shown in the submitted product brochures meet the intent of the permeable pavement criteria. The design of the product(s) selected for the site should meet the manufacturer's requirements for structural stability,base and sub base materials, and installation procedures. It is recommended that the permeable paver areas be designed to meet the following stormwater objectives: • The sub base should be designed to store and infiltrate an equivalent volume of water consistent with a lawn area in type A soils for storm events up to and including the 100-year event. • Pavement void area and slope should allow the required volume of water to permeate into the sub base. • The stored water volume should draw down within 48 to 72 hours into the soil subgrade(no under drains). 3. Detailed installation instructions should be supplied to the contractor, including how compaction and siltation of the subgrade soils will be minimized during both the house and driveway construction. If the soil subgrade will require compaction for structural stability as per the manufacturer's recommendations, an on-site infiltration test of the compacted soil should be performed. 4. The manufacturer's maintenance recommendations should be followed to maintain the infiltration capacity of the pervious pavement. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity WaS1t�gtOI1 County Washington County Basemap y Parcel Search Area •'I`- ra rw v / ',° 1921,10 YTRFFr IIOklN 1 TRACT!, Legend �"v.. • R 1a k lir 1\1 i , m C TRAGTO zu._�—_. __._�....__. ' J REGISTERED LAND SURVEY NO 78 i°( A w u L q/// /! 31 p ... fl i + ,., i ' Af, b s�� e., ->:' a 19107 Layton Avent BELL VIEW HEIGHTS ¢ 1- �, O 3 . � . s TRICTO g ryOTR STREET II, 1 ,, z. - ,.,,,, �:Y f" General Annotation . • `, � _ • .. �,?��, Dimensions B '... .. 1 ..' 2 3^'�.. . TJ� leader F�{ 1 ,.. parcels F • 'O �. L .�" sh,�, �- -. ,.:�4 QMunicipal Boundaries S , a.. . -7 a 4...,,, ., 0 225 4 Scale: 1:3,981 y�. Map center: 45° 13'34.2" N,92°52'44.1"W -- This drawing is the result of a compilation and reproduction of land records as they appear in various Washington County offices.The drawing should be used for reference purposes only. Wi1Si111I tOI1 Washington County is not responsible for any inaccuracies. COunt` • File No. oo8 (7I � APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North, PO Box 128, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web http://www.ci.scandia.mn.us Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission requirements may be found in the Scandia Development Code,available at the City office and website(www.ci.scandia.mn.us)and in the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable. 1. Property Location: (street address, if applicable) ( � ( Lcky-fori 2. Washington County Parcel ID: c o 3A_ o L-( L-J o 0 o 3. Complete Legal Description: (attach if necessary) ff �(Ct ay tc,c( 4. Owner(s): Phone: (Om s L r5,q S` thek (h) 7 (c 3 7(0 7 C{0 0g (b) 7e O 3 33 Street Address: ( � ( 3 1 _ E-Mail: Turn 'f q ri e k key ( ( (t1 C,C 0( 5t City/ State:g (a t Zip: 5"4(L ILA 5. Applicant/Contact Person: Phone: 4, 2 'T-CTY1 7 (b) Street Address (Mailing): E-Mail: a Elf. CQ City/ State: l Zip: 6. Requested Action(s): (check all that apply) Variance Minor Subdivision Conditional Use Permit Planned Unit Development Interim Use Permit Preliminary Plat/Major Subdivision Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) Final Plat Map Amendment(Zoning or Comprehensive Plan) _ _ Permit Extension 8/1/2007 7. Brief Description of Request: (attach separate sheet if necessary) b ck se_ , t c T EA-IS 17 Nb LITS(- uJ( lU o Cow(94 o(t.! LET' ll as L -co V-a�T.J-r y r+-g_0 S e-1-6Fl-(tc — -c /o a. ,N-.f-(/4r✓ ccc 'rb 1.11-c.t<y/;-.c o Sc r-A{}-c.IL So 1S-(3)0 o r>' Le's 5 L C Vr tPce(. S Q . �' r• d ni S KR vcy pE 1.A-D S Pre. .S — G 3 S &µ (A-6o r 3�' Pca 1)FYrcN mow) 8. Project Name: I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include, but are not limited to: publication and mailing of notices; review by the city's engineering, planning and other consultants; legal costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: Applicant Signature(s) Date: (p — I6 - v For City Use Only Application Fees: I 5- 0. O 0 PAID Parcel Search Fee: 5.5'oD JUN 1 0 2008 CITY OF SCANDIA Escrow Deposit: 7 0- 0 0 8/1/2007 W ~ i ..r o H a :Il: E5r:Ta .., _ r 1ll '' >. r 8i iDtN C : U / v! r 1( •. „, a / ... M1e e W r. 0 r n .711 a / ... ►`. N �T a w to • is.,,c aY W aW maa o a O O . H }— n 3 O = iti , Q e .' -7 3 `° / • `[ 99. �` �' ��' S c 01 ]� • /N !c i NO a 1o1 ii y !re �. / I CI / • N 0 i• , 1 • r I .. !1L1 . 1VI 1103, • . . .. . . .. tif f .• ' ....11..41`...,--.....-.. ... ' .. , '!//,Pir'::e.r....7 = .•''. ' .- ' • ,-4 tfl 4:,i-'';'',4":,,,,,,.1,-, .......•-•:-,-- ', . ,. . • - ' "i•:41} 'r'',-.:1 t,::.• ,,-- --'---.J__ . . ... . [ --.-.--:-,-,-. .1 ,, • . .„„,. ,„...,, ,,t.,-,_,,:-___,.___-_-:--- -- IIllll ' i -;W., ----- , -n Nn.:.•-'fn .. - ' , .",1 ,','•% 41, • ip.I., .-• ' . ..! 1 ,Ik. - -•.-..-- -- cA c.c —6 iirt. ..4411-',-- 1 , litiiii:V111.( , : ,''I, 1-,,..•..'''::-.--,..7.-----: - l','ilt1,,,,i'll';.17.' z'.....`.--. F,' .01- - ' ..,• - 1,1,1 sii-,-‘',:„. ''' , - ' ' ED. co_ • il ,,'„ ,,,, ,, 40 i'' ''. • - ' f,4•0 0: ., ,...' 11 f.1:' illillinieltsi-:, . ' -- - .,...-,, ., i4. ila.,-•..-miii,,,,. . .. ,:. q *. t, J.A1 ,.4 101•01'imill.,-NziPi",,z,,K,-, ' . ' .- , .-- '-'-'-•••••• •- ..4-0 ' ''--'-' . '' il.-1,1ifillitilliwqrAisitX ' - --. : -': --'''-.'''• - •'''' -‘ . ----' • ....,•.• ik-TY iijlillitallsaaLliii , - •,_,-- • . , ' ' • • - ":":'-.,P..- .„ --• •• •1 ,,, ,,7. ,. . sq._ iiiiiici70:701,- 1 ,,,,,,, -,,,,,,-, ., ....,K*' ..,4111141 r,ilk,Ilti i — ti.:-V",—;;;\10;41"tittill'. "if—ili's,PJ1—- )h. 1/Illf, t-------,-1 ie. Illip,?2,., '• . NI' i5-4'gr '04 " 4' ,''. :41 i .1 fl „IL if -. .' :2,7:-'' -,.-_,,,1,,,'''4,41,10",-.i':=:•:,..."4 i-,, 4 i ! - 1113g MIMI .4!illa 1*-- i.4,4111 '-,;'''1,,i....1....:;2,-'-•'-':i 1 I ,ha 1 1- ' aa' __.d.. • a ,• 1r ailk' '.- 'i-,,4*.%,t-',•.7,......47,,' i,- '..E , i 4 11,1 " bliiii 1 ',,1. . ' ,illiarare.solimimAir -. ilhli 01. 1161: .4411 - 1:.-7:,:,i,.:I--5,-iL'-?..,;"..2 ,,11 ;•' 10,IL I 1 'llpiseiliallitalil,',.',01',--'.',0 L.'i 4,gg, litilt-04 . , 11$-ill'itimillittv I'Llil3 !Iiiiiltititi,,,,i 11 - A_ tim . - r'.;..1.::1&4,'..,.`'.:liti' .....i 11..ii.tifpi• 11:1111114111m!';'-' '4 •f iiiril'A i''1" 111.11 'il!,1111/1 ",'...L. - - ' . ,L ' '--''' ' -• ,•••''; gigiftwri_g 10, , 4 1,., ltli, 4,, .,i ,f, .1, -r.it ,,i,.....Ji.1i i - ;•.!...,;mil, . )' iii iglel,',' 1 r ..i.,'.-aliro 444 tV4 Igkligg iggill g 1 ; r - II ',';',•?.9.1;'47:SI•;,-:.?:'',';'q,lightil ''I ;.g -1;'11.144Pe -'- . h'lik/ it 11 II ilk11'..,ii.'',`4/. roll itu• 1.11 t. • . ' :, 1,. - ;;........; ,.,`'.,*•.'", ,,,r, ,,, „.„...„-,, ,,:,,,.,, ,_ ,.. .. , ,*,„ „ .,„, A (. ,: . ,,,,,,,f„.. ,,,. , ,, ',.riill 1 / 0 a. L 4111 E 46 - - -* ''" ' ' '''-'• ' ••• ' - '''• --;4 '•";'''''”131T'f,.C.T,',4.1gni ; ;if ;.-''. r-,.;*-t,..;:.', giNtaiilid il'',11.411q4.41 )11111 I ^,."i;' :°I ' ., I..:-e:- r,k ; 1 ;,.4 ,iiiifig'ifii .-,'4.- ---(-1,,, ; , .t: i .-2.,.._-'Es'—li.-: i: 1;AILT i,41 i.1.!1• il .11;111 - . ' il . ,::.-',..1-,--:.----;',-:, 11. 1111 . I ilq•. 4:" '4 i illititriiiii .:'1,1- ' '." 17--77.7gFil i 1 1 111.1'filk ' t: i gil lilt 2 - ••1..'..k..:,-.,...n.....:; ....i.i, k.. '•4,1'.1-L.1 • 41 piuk,4 gm . -i,, ,:,1,,,„.„, itawi ill/1111i.till 11.111 iii 1 i r It-. : ,1 . .. .---...-•i'-,1 tf--,a-!.;',.!,11 ._-..- ..: wil f{ti.':,- gri.:, It EMEIMMI . .'' .3.1.11.2.,.-A/ Ili!. ,12i131'‘ :11 3 1311! .. ,. • •• qi'!.3111111' '.'- '' 14151:91111313-1MilialilleAt 113..,..-, llial 1 . )‘• - ' ' .'--.i...;.;. ' :-' ..- pl'illa II% aps osp'702; •••;:-..,..:, , 0. • ..;.,. I i• 21 t- • ; liaggiU 4 . 1 , , -- , .[ ' I. • t:,-- ',-7-: ',-• ---- ; g Op'.' 4 . ., , 11 I/ ;1 • • 4,5 .,7 _____ _ 1 _ , •, -." ,..-,? p. ,;'1 ilf " ''.I .11'.-:' ,,,, .,12.-L, .. ,,, .,- ,__.'• 1 • - I i - - rial-44 - ' L•. eltis 1 :, lel iii 1,1, Il // 11141 • • g . , - :. ' 'L ' ." "L ' -.-,.. -tr. 21 : •s.. .... - ,-L ..„an . ' Illiiili'r'' laili 1 il !I Ell •' 4f ' '' - •- .' ill'xii. - 14..e. ' I . , . . .-/ V. .. ., 1 :--- ' ; - - .- 1 'i .-. 1 / kftlitillilliMilit'llif,71112Fli 111111,01FolF,!' iiii iii 11 o Ell 1 . • , - , . 1 ; i -'I ' '..' •• Li r . ;t elirtirirgilrga 1 gglitil 111411111:111r, g r •‘7 ir; li In 11 "'. - .. . . ----.. . i 1 .. -'. Alri.r41§144111h'I'll. ,,,-- 11.4,.#4,,,'• il 1 1 ilit't , , 1. I -, . i - ! . 1 t r .1 i I 1 MEW, 'r. \ vr'.1%-% • , .111 -,,, p • 1., ,,. il i, . 1 • plumiassm ai BriT,',U . . II llizmiloiiiiit,e-,,, r.,1, _ itt,i,Hgi. ' ' . , •:,! ir."illittA.144, rfir-111 1 L . ititr, - - .._. --,) 1, . I pi , DT:,,,:;:: i. . .• i i ',. lk-. "m., ,ffmci w :i-b.1.:1--: 7-, I , • - } .1. .- il 1.• . 1 1 ' i, . ,4,„in t.„. . : ; I 1. ..‘i ;,- .' .' -----4,----1,---F4,..--_i_:: • 0;,) )1;i -,;;,i..;-.-L:---i._---• E-_—_-_-E.:-.7.--._=,...._-_-_--- ,• ti.s.,..;vi'gmg,i,;. t . -fq't•,,,:'1;'it 1‘i lir.0:04.•,i''r--171.-,-''.::'--' 77,:::.-7---Z "---r"-0.=- •1,4:i.0 ,•' •• '3. 1 iffit'L,,,,L r 1...4,2-! . :?,., -_-,--7:71',7pc .,,,,,,..- LI-..s.•. ,_- , ,.. .., , — . ,:.; ---- ..: I-, 1.4 4: .,,rt... li'7:.7.,..;--.--r. •-•,- -- - :,• _......,_,. 72:7%1Z: z '. -. lits., rt,, I 0. ,,,1-;iti,,•,,,, ,:•.0,:....,..:, - ....,--- --- -7.7---:::-,---- 11 I;l'I!,1-1, gg'l'i4r)'a . L;.J.I,j;i'1111.1 .1.41p411' .."'-', -7----7._. ,..14I'itr!',4, 1-',4-..:4,1s-,-• ,1;',4',_ ..... ..._.:.:,..-7,-_ - :44,4F4 „ .-:-„-)' 1 i.;1 11-. - 4' • , gc i . - -rtOoz , ,.. .N/111111 ql;rft 9 De . , -. .-.. • - , r , g I . . _.. _,.... . • -.._ ."7.-cam e" s r ® ® ® ® O -fl ® _.: 4 '1 ar ' t?' ( is ,< } ., ,t, p , ' , ,, ),,.t'i I. c c t r, L1.t'1 ,, ;� , U l' JP'l r r /tAid - 14 . f , Q -, - i , / I i''' —ii / f' a .� + . , r---..- . iiiiiir!.4/. '' > k^. L.-"-I ' ' __-:_.•-+-.._.' p - i. li 1111114. -:-- i 1_1 i ___t--- i C)._i_ ,u7..' l'i—7. , :‘„ --j _ /I 1 1 — _ T fk I. , y v I ill � . 0 M _. t-� 14'_ o"' Z io a f _,....„.... ... /P..,....0.-L . I i - l Li• =1 l 4 1 i. — s t Fr 6 ` h T u .> :a. ,im 1 . , 4.,.. , ,,....„.....-1-Vrek.314- p-,w-ea jr......reg. 1 1 : ''' 10 1, 4' I t I ' 101 , . c w �.. ' pg .r I a ime - '1II1iill' iiiiiii . _ N .4-- 1I!2 ®.. lit (), _ 1111111p .I, i ,-, ii 4 , 4 4 , Ta9tx�k+x.:r�.��x.'�'t?3:: 1`Vt1aeh:.>x'C...r -ll- 2 'F'a � 1- y MM . , IQ d o , i art Ym aI L I Ii - t / i CAl (1 n. ra'/ 11 is 1 n I- ilit i , c II i . 4 _ ®� - r - '4 �, -2....Q !®%�i��1/mil III 13 • LT .... ..TRu+m'r®h -2.'_Qh.` 0 It ` I *7. i.•p� I h' -. ,o I.2 '- o 4. o — s tcr 1 Q `' ' ,,. i . r,.- i i , 1 ,‘ 7' ' /' "1 .1 W , . :P I y a r 1 I ( ' II ii. 1 • -e . 0 1 ice.'- .* l 1' 'I '.� I 'I �: r r. i i - I '' ,,,' 4. ——— 1! ' , ° �I Q ® ,. .4-'• �;�4�,. °'' Os a. i_ a 4 / = " 9 F Il.Y soar j 1 1I 1 1 W a I v 1 a N a 411 r III ' I "I .. f a 4 pT -r,- cir -a '. -. - '. S / / `'' -c I 0 re / l o I3 - p" y- ,� 1;�f .�. .1‘, ; }7-- '- i - .____ TB.) �. '.,_s.'/ .,. .P •4._ t.l�-� ;(r 8�- tr/mow lii ylliTrJj tI ' _ - ' _ . _;-3 ,T 0 aj f" ✓. n f. I L & I ` a ,Ir ,�t _ 6 j. 11�� ,2e� fp '� J, ,1 I If iII c ry r y F?} It 9VV 1iU{II ijH1i P 11 0 1...`4 i' 1 ` It P i '� 0 i � • .� . : f • 4 .- •� * , $ fi xir. z••- r, T a "..c^+ i ,. .. . .N`, ,.. .4.:rm,1,1*.r..t,.,, os..--, . ,✓ b. . 1, Zr.,..,_-$ .,.1,,t' w.,. ear . r . . • 1� II ' , 1 , 111� l'ii, • # ' - ni, ' -t' 1[ . '' .I \ II ii: • tf I III HI) >11:1, 111 I�� �1 I it 1 I I I i� II1I,1! — Niel dill ,- ',I4 I / -4 ___P- • • -.4:,', ,,I�j I•.L }'11,[t.1 ,'Lill.41 ► i } Itli_i.-1. 4.}, ,,, .,. ,, _ , , . ' j°It�i�I 1 tp 'i I i Ir F11 'I iIl lIiiI Ij f li r, f l jE III �� I 1l i ( I1 f ,. I i I1►I I 1 E tir,: ti EMI1 t 7 I �k ti. I ��� ;� Ir 1+ �jilly ��i I I I1 '' . 4. I;I l;} d� l {' l,,�jl' •j it . ;! '`� 1- , ' 7 ; 111I I , �j� 1.1,,.ij m I I , L_._i1 .II ►i.- - ,...:1, . ., ',:':j( i ;i j1l ��' j 111 1'•I ��' I III 'lljii I ( r � ,Ltt 1 ,� ( �1 .� ,tl 1� — I� F I � !i-:► i ll;,` : 111111 . I i !lit , _:a I' I1 ll l.l. I•I III I ._,.- ii 1 o ' l 1 ' 'Hrfl � I; ` f I,. p 1 L 1. ill! 1 .`'' i, f(j II li'I' I f 1 i it jl `i1 11{ i i " I ( I I I. Ili :I l�ll • } I jj jlll • i. '� �' I. Bg o 0 CZ sh�yy +�„ `p 3 3Xb'7 3 2 a o b m N/L�YW 9/B N y �g o o a 11- � � cN E kJ i z 111 LIDi 14 0 d' w z . Q 'lag <`!re i� E o v� (L/ W U OL k ,� / o o k' U-1 0 r � Q Co Z . Z F. ill ,F.,,, at , o „9, ~ 2 5 • `ash ii, do ,44 z` ,,,,' ❑ Q 'D b °s �"B W` '='z \�7 A a Y , o C � � �} �, , LU � p � , re (�] , 41 '�,I. ^,ti I /40 i , a aU W .... , .,... , / 9Sj1 , _ w P4 00,,,t, o 1tHrp o SYs / _---- ---' - / I '� '' r���11 1— / , I-- LLAN ,�.1# ' tee �a�, -- - -- -_--- __ // -- -.9..) --,.- ONZ z 1 -"ir 1 ....-_/ Lc)Lr) ' * 1.) N Z ›— N ...............,,, / ,.. N. srr - v L ` _JZUZ w ,C w -- w al UtoD a o a � k 'r gQ O 0w U Emil CO 0 O >— O Zss 3° -- , - ________ / ,, U QUA' a� of � °v ... tea' 0 a(� eC -rse y o :+ '� W Q M � i ay yy r lki V. '-i - "/ k� 9)t� ,-, / / Li ) : c'1° 1 i i i TSB ______- 0 l P4 9 : 9's 44 9 sse ii 9�iJ5�6 a s , (11) Q = In O M.,86. y W W AN / sno d 0 N M < uwn �¢ 0 a a -171 LIJ O AT C OO Q C 14 0 0 0 0 aaa S 14 LU w a 3 2 owzEci ~ =o.wotn g Q �'l Si ,,,,,‘,.it .4%, 10,4, . I . i 43111111. 4d'. J � s r r n _ % IP • W , ! 14.0 II " S t: 5 ;' $, e ii KI 14 Qa 'ta''h o lir, A. ti4 aal Y oJQ o v yt z �$ ' s 8 c t• ; Wy � B0, co q s O n q n d JL 5 E a u w a $ a a o c m oa a w 2011 11 3 0 0 C•1 11.1 .7, i FA 09 r 0. , i oa N 0 �� C 1 Ca Anne Hurlburt From: Molly Shodeen [Molly.Shodeen@dnr.state.mn.us] Sent: Thursday, July 31, 2008 4:12 PM To: berry.farrington@tkda.com Cc: a.hurlburt@ci.scandia.mn.us; Craig Wills Subject: Stanek Variance requests Thank you for sending the information regarding the Stanek's proposal to build on a lot at 19107 Layton Ave. You indicated that the city was going to review the history of the lot as far as it being an existing lot of record, not owned by any previous adjoining (contiguous) owners. We have several concerns. The DNR is not on board with the pervious technologies receiving credit as totally pervious surfaces. We consider it a way of mitigating existing conditions, not for building a bigger house. The pervious pavement technologies require maintenance over time. Who is going to inspect this over time? How will the city assure that this owner or subsequent owners do not pave over these surfaces once they are installed? Will the building department inspect the construction to assure that it is installed and maintained according to the manufacturer's specs? The other concern is the deck and patio setback variance. There is no hardship to encroach on the OHW setback for a deck that is not necessary or could be constructed elsewhere on the property, like on the side. These are very small lots that may not accommodate all of the amenities an owner may desire. The variance process is supposed to allow the minimal impact solution to a situation where lot size and the other shoreland ordinance standards such as impervious surface coverage, constrain development proposals. How is the shore impact zone going to be preserved at this property? It looks like the property 2 lots south on the photo has severely impacted the shore impact zone. The shore impact zone is not lawn area on newly developed lots. 1 9>. 0 RECEIVED I From: Brad Bergo ; 19123 Layton Ave N. hoL, _ ' 2008 Scandia, MN 55047 Y of ' 1/,,NDIA Date: August 5, 2008 I To: Planning Commission/City Council City of Scandia 14727 209th St. North Scandia, MN 55073 Dear Planning Commission Members, I have lived at the property adjacent on the north side of 19107 Layton Ave since 1988. As long as I've lived here, the unimproved lot next door has been classified "unbuildable". I was told by Frank Langer, the Washington County property tax assessor, in April of 2008 that the lot was assessed at $75,000 because it is an unbuildable lot. Frank also stated that the reason it was an unbuildable lot was because they would not be able to hook-up to the 201 Municipal septic. Buildable lots have been assessed and taxed at minimum rate of$325,000. After reviewing Anne Huriburt's Planning Commission report, I'm extremely concerned that there is no mention regarding the natural water drainage of the lot, especially since its certificate of survey shows that approximately 1/3 of the property is below the Ordinary High Water level which is adjacent to my home. Currently the natural, flowage drains from three lots to the north and two lots from the south towards the unbuildable lot. Run off from the road also drains down the unbuildable lot. Airy, change to the unbuildable lot contour or pervious surfaces will cause flooding in my home with heavy rains. Before any variances are granted, I invite all decision'making parties involved to my property to better understand this issue. I agreOith Molly Shodeen, from the Minnesota DNR, about the use of pervious paver Stones.; The DNR is not onboard with the pervious technologies as receiving credits totally pervious surfaces. And does not recommend this technology for new homes 4tut sees it as a way mitigate an existing condition. They are also concerned about inspection and ongoing maintenance. In this neighborhood, gravel driveways , have been considered impervious and have affected variance requests. I wouldalso like to state that I do not believe that a hardship exists to warrant granting this variance. Variances are granted to address hardships, not for profit. I feel the;,$100,000 offer that the Salmela's and I have made to Mr. Staneksis'more than fair..,martcet value for his unbuildable lot, a 95% return on his money. As previotlsly stated, our plan would be to subdivide the 75' lot down the middle,'add it to our properties, and put an end to the buildable vs. unbuildable issue forever. • Page 2 August 4,2008 Mr. Salmela and I have circulated a petition against the granting of the proposed variances for 19107 Layton Ave. 62 residents, or 100 percent of the people contacted, are opposed to the variances and signed the attached petition. Many of residents have applied for variances to improve existing properties and have been turned down as building requirements have been strictly enforced. Now Mr. Stanek is asking for variances to construct a new home on a lot that does not meet four of Scandia's building requirements. Also, many of the neighbors are concerned about the capacity of the 201 municipal septic system. Some have been told that it's full, while others have been told there is still room for additional families to hook up. My concern is: how does Mr. Stanek plan to access the 201 system? I have been told that he can not hook directly into the main piping of the system, but would need to access the system through my connection pipe, if this is the case, I do not support it. I'm also concerned about the location of the proposed holding tank in relationship to my well. I have consulted with Dave Berg, former Chairman of the Washington County Housing Redevelopment Authority and current owner of Appraisal Professionals. Mr. Berg is opposed to the granting of requested variances because of the precedence it will set. There are several 100' lots in the Bliss Addition that are on the lake that this decision will impact. He has also offered the services of his company, pro-bono, to represent the neighborhood. For the reasons I've presented, I'm asking the planning commission to deny the approval of variances to contract a new single-family dwelling at 19107 Layton Ave, Sincerely, Brad Bergo Petition Against Variances for 19107 Layton Ave. w . t� •- Lot 6, Block 1 of Holiday Beach 2 Plat has been classified "unbuildable" since the original plat , ,',,,,.�F,' ` drawings were established. Most likely do to the low land level near the lake. The high water mark is Y "» `, „ ,,v. located approximately 40 ft. in from shore making it impossible to meet set back distance codes. 7. �,. --„ Secondly, there is not any hardship present to warrant granting this variance. Mr. Stanek is not the '4 ' ='` original owner is not planningto live there, but seekingapproval purelyfor profit. 4 � PP P - _ 4 . � 4 F .4 Also there seems to be confusion around space or availability of the municipal 201 septic system. � ;''`Ar # , Some have been told it's full, others have been told there is room. - ` , � r-; Previous applications for similar variances, on this property and others nearby, have all been turned 44 3* ,ter; down, what's changed? Actin Pe oned` o We, the undersigned, are concerned citizens who urge our leaders not to grant the proposed .. - "x� P 4 variances. Printed Name . . 'S� ture - �:�;.� - Address a ���� � �, '' �';�h:�, "�,� I-, �mment � �ik� ,�:�� Date y ic0-3 )_A1%,,, Ai 7-c3y_cir Anti 64,0 ji7-4.4 D8 u(. Sht-A+€L4-- / fo F/ LA.y Liti,i ', - /(/: 7-2-g-c AaAA...e.A__ ek,a,„1„ci. -ka...zein,,,___9., / 7/ A (iiq- n -� O. / 6ve ,ve.. Al Cr 11 ;err . .- i ;- 01 ' , wi? 7 q-,fi -J-&- 4 ,,---e 7 q/f/ eac,-.77&ri ,q1)4s- ,,_. _ -7/2 9/5? rX, & r ! _ . I"-- 1 r (;)\. . . (1/ 7- ° V : 1. z---- ib r ?)..- _ F IV'' vr - k ,,,-.7 ,%1* ._..... + V t s NI. ----cs t. ipi ic,c0 °° t s'--- .("; oN '. .• -Qs 76 -..c) — -,- zio —4., .; N--Q 5 lq" :0C' c'xS n 1/4,, i, 00 ,, , ,, , "F-- ' `. (.,\Ny z,, -„, \,, ,,t, A 4- r , , r_t ° , \r'-' CN \ x.....,... ‘ (11 r (1A) (J., l 'N W P\ k : N i 1/3 '' g' \\I " 1 '.'tg,''' fr r (1\'' 'cl .: :' L 7' 1N . e -,,, .), i. ,,,,_,I, et. r F5 )1* r--_, % - - ' . „i .. <8:- y.,..- n R �_ Yet 3 W C4 w w w rr. �� / \ b p od of C% & ;:. W Shy / 0 V v4g/ 1( yr,- 1 : ols? i._ c., 510<, (..0_1_?-,,4-) s i 6 I_______, .:g ., '----2).- .)09-o...16_, ckozl, v/4 zfi. ,. mimmilimmiar," 5.017.s.1")\--,,d \--vi 0 -al - °f'' S FX/8/ a//// _ p,1 1 1 7 0 kirePkil Wilifi /),/ /_5 ,5,3 / Qi3c)// al/ r /gQ t��� zr tS?-s/ 94 Q// ��% es'"� '� a7 ,ram ?sci N 5 nV (-'° '2s1 4 ''�'� hT) 5 )\ `q, 9 ; 1, -/y ' ,71 / XV 7, pf ':'"7,1641f, ' ; 10 ° f ,flf /..r. '0' -iv i 1 . 77, i **WAS'', ir 80 = 1 ry 24 ('rids- 7# ' 7241 1 r "' a'gA°d 7 Y ' r ��r -,/ lL ' CYonv' -rsrdb Y2 Qi z b ! riet I 79cri1d5 t`(o_c. 59 8 1 ri-- r 0 vi-7 ,It'd h_ ril .AY / a`'y 1 '�l o1 •riye I •-1 mpriar 1- --(:) • ',0, 0, " r 1 • al f pr mug ,r �Wlitl�, ' ge/L .7y .ti NOLA. 617 , 9 /b t . Law h S7ccid,� -Tn1^�p �7i� '/ ► ' 1 80 SZ�L 'N :3Asli ,v41.).N7 SStbI `....0 r .- .w? �»S ' r. �T, xr..c. 1,. y=mot '::�-� �..-;, "°" ��'',`�Y"�' .-+� "*� �'�.+-'�-ti,:s�° `"�• _ , �,;:a> Y:;yr. ..-.rr_... M _. — "'.: �V F^k1 _'w"H^. :T.: : :»� w.. .x ems.,� .,y.�t `':,. ��• :s... "' '_ zY., ..'y .i t , c s.. �..��` r ,�.y `:� ��: xd:�S�3�� �:fn,aa ,cS7,'ik; r��x�� ate'; . '`"w�'=€��"�.�.. ..ra;.KS�' ^�...' I _t' D.....c.,---;:\ 0 (--0 pz ,.., . -;-, --_-_,_-__ (., �� , ? ...-_ ,,,,?" ' ea__ s -- , i r›.- , - - 4 \-is, C__) L) ,- -' -' 4.2‘4;' E -pe _.,,_ . . . -, ,.cs 4: g t_ 6, it — , c. , ,. ..vtz,,, r,„ ... './1 t\ , . t, ,_,x.,__ e Is . ‘q _p 1 cir ( 7 ( 'Ll' )t a \ ,-., ` — V °P -� V1 -U -G / ) t -fl --S) N _ P __ ,4 P r- :,..zi !-' �- , , k --,9___. 1 .... d---- . ` ''' r• .3 ,if. g— \.- i ,f zl- -c 4 , . . t (* \ r r 7=" - 1 Z M .44 �Xf s . C., cp G 0 0 0 ' 4 r `r k atl oz, 0,9 os, cs-) , /:, CA DP (--2--„Q ''A\\ CO 09 P\ ...N el .:::',/... ' 1 ''''. :---, ( v...., *. .. (-- ----C), - \ i t--,.. '---- ------..„...:,- -—---. ,A\ 00 ,:b IV, " V ' c'ck c'Q (=N , . ,, c ` �ol � N IJ 11719:11 -9) T )�V0 U wA 116'f4-,7 6 /68I j"1- 1cY21)13 9cvs A ri, a uuticri 5sI 6 1//e ) U�l1 0 Sa,a11 gVe °S 'a"�u �g1hi 1 , 6u�� �,,,ac.v-anrq Qo g -c) - y-Y fin / 61 bi ro C 'ur Li a ��� 94/ a- 7 xi. Q jX�y f� gs/ "7)r .,S j��i-'s<7d P ' ,c7X.T 'f'"S"= a ,s s x ,74,:, #« C, ,N.'F•'..*Gs,_,: (k) From: Doug and Karen Salmela 19091 Layton Ave N. RECEIVED Scandia, MN 55047 AUG -4 'Ise Date: August 5, 2008 To: Planning Commission/City Council CITY OF SCANUTA� City of Scandia 14727 209th St. North Scandia, MN 55073 Dear Planning Commission Members, We have lived at the property adjacent on the south side of 19107 Layton Ave for six years. When we purchased our home, part of the reason we were willing to pay a premium price was the fact that the empty lot next door was classified "unbuildable". We were told by our realtor and several long standing neighbors that this could not change. At that time the lot was completely grown over and provided privacy to the north. The following year the original owners in the Forseth family passed away. Tom Stanek was the realtor who handled the sale of their estate. Instead of receiving commissions, he knowingly took ownership of this "unbuildable" lot; a sale price is on record with the county of $55,000.00. He immediately cleared the brush and debris from the lot and claimed that he'll get this reclassified as a "buildable". Over the last five years we have enjoyed a good relationship with Mr. Stanek. In fact, we helped keep the lot cleaned up by removing fallen branches; Tom paid our teenage son to mow the grass and has allowed us to store our pontoon there in the winters. Due to the Ordinary High Water mark, this lot has been classified "unbuildable" since the original plat drawings were established. I am told, the original owners also tried to get a variance passed to build and were turned down. In our opinion, as the original owners and after owning the lot for over 30 years, they may have had a hardship. In this case, we do not believe there is a sufficient hardship present to warrant granting this variance. Mr. Stanek is not the original owner, is not even planning to live there, but is seeking approval simply to sell the home for a huge profit. Tom has told us the proposed home will sell for$850,000. Over the past five years, Brad Bergo, the home owner directly to the north, and I, have offered to purchase the lot from the Staneks for up to $100,000. This is an opportunity for them to almost double their investment, a very good return given the • Page 2 August 3, 2008 current real estate market. Each time he has turned down our offer and stated that he'll get this turned around and that the lot is worth at least$300,000. Our plan would be to subdivide the 75' lot down the middle and add 37.5' to each of our 75' lots, making them 112.5' wide: This would put an end to the buildable vs. unbuildable issue forever. The neighborhood already suffers from tight housing density and has little room to store boats, trailers and ice fishing houses, adding one more house is only going to make that situation worse. On page 2, point 3, of Anne Hurlburt's report she states that, "This is a pre-existing lot on which it would be impossible to build a structure that meets the lot size, lot width, OHW setback, and right of way standards". We agree. The Stanek's request on setback distance alone, 33ft., is a long way from the 100 required. Several other neighbors have applied for variances in the past, many turned down due to the "unbuildable" classification and others turned down due to the OHW setback. If this request is approved, we believe it will set precedence and open up a flood gate of variance requests, if not lawsuits. This request requires variances on many issues to build and the need for a home of this size is unwarranted. In addition, Anne Hurlburt's report states that the proposed home is in keeping with the emerging character of the Bliss Addition. We would argue that this neighborhood is not likely to emerge with many 3,500 square foot, three story homes, especially due to the history of denied requests for variances of smaller projects. Given the lack of any real hardship present and the multiple variances needed, we respectfully ask the Planning Commission to be consistent in their granting of variances and deny this request. Sincerely, Doug and Karen Salmela Meeting Date: 8/5/08 Agenda Item: iLs? 6 ) cc ) Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on the application of Ross and Marta Nelson for a variance to allow an accessory structure to be located closer to the right-of-way than the principal structure, for property located at 12445 235th Street. Deadline/ Timeline: 60-day review period expires September 15, 2008 Background: The planner will present the attached report and recommendations at the meeting on August 5, 2008. Recommendation: The planner has recommended approval of the variance with findings and conditions which have been incorporated into a draft resolution for use by the Planning Commission and City Council. Attachments/ • Draft Resolution 08-05-08-XX Approving Variance Request Materials provided: • TKDA Memorandum dated July 24, 2008 • Location Map • Application Materials Contact(s): Ross & Marta Nelson, 651 433-5611 Prepared by: Anne Hurlburt, City Administrator (nelson variance) Page 1 of 1 07/30/08 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 08-05-08-XX APPROVING VARIANCE REQUEST FOR 12445 235TH STREET WHEREAS, Ross and Marta Nelson has made application for a variance to allow an accessory structure to be located closer to the right-of-way than the principal structure, located at 12445 235th Street; and WHEREAS, the property is legally described as follows: Lot 2, Block 1, Greenfield Estates, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on August 5, 2008, and has recommended approval for the variance to allow an accessory structure to be located closer to the right-of-way than the principal structure; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Ross and Marta Nelson has made application for a variance to allow an accessory structure to be located closer to the right-of-way than the principal structure,based on the following findings: 1) A hardship exists because the accessory structure is an allowed use, and there is not a reasonable, alternative location for it on the property that conforms to all Ordinance standards. 2) The proposed front yard location for the accessory structure is the only reasonable location due to circumstances that are unique to the property's topography, wetland, and location of the existing house and septic system. 3) The west side yard is too narrow to place the accessory structure next to the house and allow for reasonable air and light to the west side of the house. 4) The east side yard near the house is the location of the septic system. The east side yard farther from the house is a wetland. Placing the accessory structure to the east of the house would cause it to be closer to Meadowbrook Avenue than the primary structure. Resolution No.: 08-05-08-xx Page 2 of 2 5) The rear yard, to the south of the house, is not a reasonable location due to topography and a drainage area directing stormwater to the wetland to the east. 6) The proposed accessory structure is in harmony with the general purpose and intent of the Ordinance. The proposed structure is located 400 feet from 235th Street, and the area is planted with evergreens, to limit the impact on the view from the road. The structure is designed to resemble the house and is therefore less obtrusive as viewed from the road. 7) The proposed accessory structure will not alter the essential character of the area. The building design and landscaping to screen the structure from the road are compatible with the area's rural character. 8) The proposed accessory structure is consistent with the Comprehensive Plan in that site is distanced from natural resources on the property: the wetland on the east side of the lot and from the drainage area at the south of the lot. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the accessory structure is generally in conformance with the Site Plan received by the City July 9, 2008, and building plans dated May 21, 2008. 2. That all fees are paid. Adopted by the Scandia City Council this fifth day of August, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ Clerk T KDA 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: City Council Reference: Nelson Variance Request Planning Commission City of Scandia, Minnesota Anne Huriburt, Administrator Copies To: Ross and Marta Nelson Proj. No.: 14059.007 From: Berry Farrington, AICP Scandia File Number 2008014 Date: July 24, 2008 Routing: Sherri Buss, RLA SUBJECT: Nelson Variance Request for Accessory Structure MEETING DATE: August 5, 2008 LOCATION: 12445 235th Street Scandia, Minnesota APPLICANT: Ross and Marta Nelson ZONING: Agriculture (AG) 60-DAY PERIOD: September 15, 2008 ITEMS REVIEWED: Application and Site Plans received July 9, 2008 Building Plans dated May 21, 2008, received July 17, 2008 BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting a variance to allow an accessory structure located closer to the right of way than the principal structure. The subject property is located at 12445 235th Street and is in the Agriculture District. The property is 4.85 acres. The property has road frontage on 235th Street and Meadowbrook Avenue, with the front yard facing 235th Street. The proposed accessory structure is 30 by 40 feet, or 1,200 square feet. BACKGROUND Section 9.2 of the Zoning Ordinance regulates accessory structures. Section 9.2(2)(B) states, "No detached accessory structure, including storage sheds, shall be located closer to the road right-of-way than the principal building on a lot without a variance unless all of the following conditions are met: 1. The accessory structure is at least 200 feet from the road right-of-way on lots of five (5) acres or more; and 2. All setbacks are met." An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Nelson Variance Request Page 2 July 24, 2008 Scandia, Minnesota Because the property is less than 5 acres, it does not meet the first condition. Therefore, a variance is required in order for the accessory structure to be located closer to the road right-of-way than the principal building. Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It states that variances are only to be permitted when they are in harmony with the general purpose and intent of the Development Code, in cases where there are particular hardships, and when consistent with the Comprehensive Plan. Hardship means that the property cannot be put to a reasonable use if used under the conditions in the Ordinance; that the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and that the variance would not alter the essential character of the area. EVALUATION OF THE REQUEST: Accessory Structures Section 9.2 of the Zoning Ordinance regulates accessory structures. For a property of this size (4.85 acres), two accessory structures are allowed with a total area of 2,000 square feet. The maximum height allowed is 35 feet. For a parcel of this size, the accessory structure may not be located closer to the road right-of-way than the principal structure, without a variance. The proposed accessory structure would be the first accessory structure on the site. It is proposed to be 30 by 40 feet, or 1,200 square feet. The proposed height is approximately 16 feet, as measured from the base of the building to the mean height between the eaves and ridge. The property is a corner lot, with the front yard facing 235th Street. The proposed accessory structure would be located closer to 235th Street than the house. The accessory structure would be further setback from Meadowbrook Avenue than the house. The proposed structure meets the size,height, and number of structure regulations, but does not meet the location standard. The Applicant is requesting a variance to the location standard. Setbacks The setback requirements are: side yard of 20 feet, rear yard of 50 feet, front yard of 40 feet. There is a wetland on the property, and the proposed structure is distanced over 200 feet from it, exceeding wetland setback requirements. The proposed structure conforms to the setback requirements. To the west of the house, the Planner estimates there is approximately 20 feet between the house and the side yard setback. The Planner estimates there is approximately 60 feet between the rear of the house and the rear yard setback. This rear yard area slopes down to the south and east, and appears to have been graded to drain stormwater to the wetland to the east. Nelson Variance Request Page 3 July 24, 2008 Scandia, Minnesota For properties of 5 acres or more, accessory structures are allowed to be located closer to the right-of-way than the primary structure if distanced 200 feet from the road. While this standard is not applicable because the subject property is 4.85 acres, the proposed structure exceeds this setback distance. It would be approximately 400 feet from the road. Building Type and Materials Section 9.14 of the Zoning Ordinance regulates building materials. For a property of this size, an accessory structure must have a minimum one-foot overhang on all sides of the building with finished soffits. The building elevation shows that the proposed structure meets the building type and materials standards. In addition, the proposed accessory structure exceeds the minimum standards in that the design incorporates windows, shutters, and a cupola. Consistency with Comprehensive Plan, intent of the Ordinance, and character of the area Variances may be granted when in harmony with the general purpose and intent of the Development Code and when consistent with the Comprehensive Plan. Variances must not alter the essential character of the area. This area is rural in character, including wetland and woods,row crops,prairie, gardens, and rural and farmstead residences. The Comprehensive Plan calls for preserving Scandia's rural character and natural resources. The proposed accessory structure site is consistent with these priorities as it is located to limit the impact on the view from 235th Street, is not visible from Meadowbrook Avenue, and is distanced from the wetland on the east side of the lot and from the drainage area at the south of the lot. The Ordinance requirement that the structure not be closer to the right-of-way than the principal structure on smaller lots serves to prevent accessory structures from becoming the predominant feature on the lot as viewed from the road. The proposed site is distanced from both Meadowbrook Avenue and 235th Street by approximately 400 feet. The structure is designed to resemble the house, and coniferous trees are planted to screen the accessory structure. 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 Planner recommends approval of the variance request, to allow an accessory structure to be located closer to the right of way than the principal structure at 12445 235th Street. Nelson Variance Request Page 4 July 24, 2008 Scandia, Minnesota The recommendation is based on the following findings: 1) A hardship exists because the accessory structure is an allowed use, and there is not a reasonable, alternative location for it on the property that conforms to all Ordinance standards. 2) The proposed front yard location for the accessory structure is the only reasonable location due to circumstances that are unique to the property's topography, wetland, and location of the existing house and septic system. 3) The west side yard is too narrow to place the accessory structure next to the house and allow for reasonable air and light to the west side of the house. 4) The east side yard near the house is the location of the septic system. The east side yard farther from the house is a wetland. Placing the accessory structure to the east of the house would cause it to be closer to Meadowbrook Avenue than the primary structure. 5) The rear yard, to the south of the house, is not a reasonable location due to topography and a drainage area directing stormwater to the wetland to the east. 6) The proposed accessory structure is in harmony with the general purpose and intent of the Ordinance. The proposed structure is located 400 feet from 235th Street, and the area is planted with evergreens, to limit the impact on the view from the road. The structure is designed to resemble the house and is therefore less obtrusive as viewed from the road. 7) The proposed accessory structure will not alter the essential character of the area. The building design and landscaping to screen the structure from the road are compatible with the area's rural character. 8) The proposed accessory structure is consistent with the Comprehensive Plan in that site is distanced from natural resources on the property: the wetland on the east side of the lot and from the drainage area at the south of the lot. The Planner recommends approval of the variance to allow an accessory structure to be located closer to the right-of-way than the principal structure, with the following conditions: 1. That the accessory structure is generally in conformance with the Site Plan received by the City July 9, 2008, and building plans dated May 21, 2008. 2. That all fees are paid. VVashinton Washington County Basemap ii -:::-.--------County Parcel Search Area Legend I ,', ` W 4 4 , ,, a",,,,y *r ?: c 4 4 4"tr> v ] 2445 235th Street parcels - Municipal Boundaries 0 500 1000 ft. Scale: 1:8,608 Map center:45°17' 18"N,92°51' 1"W This drawing is the result of a compilation and reproduction of land records as they appear in �j various Washington County offices.The drawing should be used for reference purposes only. Was, on Washington County is not responsible for any inaccuracies. = County File No.,2O CPI APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North,PO Box 128, Scandia, MN 55073 651/433-2274 Facsimile Machine 651/433-5112 Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission requirements may be found in the Scandia Development Code,available at the City office and website(www.ci.scandia.mn.us)and in the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable. 1. Property Location: (street address, if applicable) i -9 3e_s— N Mti 7 `3 c73 � �CC-�-'1 C�c<� 1 2. Washington County Parcel ID: L4 — z1 " — 9-L ._ 3 — OC-)e)`) 3. Complete Legal Description: (attach if necessary) c_s v-, I A s 4. Owner(s): Phone: (a ( 3 - ,L_ t M(. RC% SS elsar-\ (h) 1` CS, MCRd--ta L 1�1e.tSC.)YA (b) `73 � 3 t Street Address: y 5 E-Mail: City/ State: Sc- 0,3 61, N/1 ti Zip: 5-G' .7 3 5. Applicant/Contact Person: Phone: 6.) IL) r-'s cdb c,Lce� (h) (b) Street Address (Mailing): E-Mail: City/ State: Zip: 6. Requested Action(s): (check all that apply) Variance Minor Subdivision Conditional Use Permit Planned Unit Development Interim Use Permit Preliminary Plat/Major Subdivision Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) Final Plat Map Amendment(Zoning or Comprehensive Plan) Permit Extension Text Amendment(Zoning or Comprehensive Plan) Other 7. Brief Description of Request: (attach separate sheet if necessary) 6n 6(kir pr cp i-7 . A{ iS S u S+- Shy 0 t'" C-f_CX-5 .) 5 0 (I +IfL t_i k S t S +u) req•t • recc � �-rt—i.�q 4�4�� to�� 1c ✓�c VY.0 S+" r�_5 c 0--(5 I, ' Lk ft c i aj �j i`* r 7 r re s J L.:i 1ek t �- 'in �r'c d 1�` c 44-%. kc -se. 8. Project Name: I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include,but are not limited to:publication and mailing of notices; review by the city's engineering,planning and other consultants; legal costs,and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: Applicant Signature(s) Date: .7/74 For City Use Only Application Fees: $ ' , d • lJ PAID Parcel Search Fee: 53 • 0U JUL 9 ZOOS y53- ov Escrow Deposit: b CITY OF SCANDA a Dear Planning Committee, We are the Nelsons at 12445 235th Street North in Scandia. We are asking for some advice on whether to pursue a variance on our property. Three years ago we purchased our house new, (a "spec" home), marketed as having 5 acres. Now we are ready to build a storage building on what is the only suitable site to build a 30 x 40 foot structure. We feel a building 1200 square feet would be considered reasonable use of property this size. However, we have found that we do not have exactly 5 acres, but 4.85 acres, and the site we speak of is in the front of the house, by definition the front because of the location of the driveway. The builders could not put the driveway anywhere else on the property because the only other possible road to connect to is blocked by a wetland. The house is set quite far back on the property (500 feet). The storage building would be 400 feet back from 235th Street North,twice the required setback, (from Meadowbrook also). Because of the house's location on the property, the septic drain field is to the northeast of the home. The backyard (south) is much smaller of the two yards. With setback requirements the west side of the house is minimal. The northern yard (front) by far has the most space to build upon. The road that our driveway connects to is a dead-end street, and has only one neighbor, who is hidden from our view by their woods. We have started a large ring of trees intended to eventually hide the northern yard from view of this road completely. We actually planned our landscaping with the idea that eventually the northern site would be perfect for our storage building. Most of our current neighbors view us from the south side of the property, therefore we feel the site would meet the intent of the ordinance. Because we've seen other neighbors with similar situations have a storage building in the front of the home as deemed by the driveway, it never occurred to us we would have an issue. We designed the building to match our house, bearing in mind the philosophy of Scandia to keep a rural feel while developing in good taste. The pitch of the roof(8 x 12) matches the house, as well as the eaves, shutters and colors. Would you and/or the rest of the committee consider coming out to our property to look at our situation before we pursue a costly variance to see if it's feasible? Again, we need your advice. Thank you very much in advance for your prompt response. Respectfully yours, Ross and Marta Nelson Phone: 651-433-5611 -- — — HEADOWBROOK AVENUE NORTH _ • , �_ — 700.00 S03.3 ' " • NORTH M 33.0B-�, _ — — — — M MEADO�i'BROOK503°36'16"E AVENUE 666.92 • — • — _- — --300.00— — — r _ — �I —366.92- - -- — o �11k I o k 33 I o A �11(. A9 ad a0 In- rn Li WET A \ '2 v Li U I LAND A 9�`ot',I,1.. •A ---- A\N.. .,... ,,,,,A WET z 9 LAND q w w r e n Z — — —om �' F'1l1[ coNLy' N01°09'02'W ! 206.69 \ w in o N E`' 9 3 0.0 �? �93 F c. '� to Z O in J 3° �eJJ Z 1 ,�3 :II\ B AL 25� ' �\\ 7.59 2 19 N 1jeaB _ �ELEV P3 10=�-s N07'22'18�W _m_ u1� E a I', M10 v1`i10N �1N \\'' `'' b o 934.5 o\JF _ 0 N a co c o motor,_ , i 930,0 N ^0 1 ." 2• .71 ° / 1 • h 507 . °6"E WI 33 ,511�O 0 1, ® 2 1,0 I-- ^�1Lil ) ,9 tit') N3_34'44�W ?a p�.54 / i N Orn Ol s424.28 r" O y.3' °-��5Icy .� - 672.38 OD \ i 37 r rn1. • 49.47 • C�1 / / - 1, / ,,� 933.5 0 / N I Aik I cF A �� ti �9 N "9 I . n, w N �FTi la I���^(v Q l k, o"jo' LAND �^ /(1/ N a c� �L1 / rn y L" 1n / co n /�5% 0 \ vI .- 5j,09f1 n .., '3 wr !n,,, . ,. .. �1 I C. ° en ,J or 5 M N'"(--- 15 9 j / \\ s rn 3 L as36/ \fib ,1 .101. / J. S/ / r� h 0, /\S?8 / / �IC \h P ,p5/ \Sq I s�bo / \ _jai / \9�'�2e I 1 4• >>, \ N \ \?A� sj h " WET a \i II sJ LAND w \ °�p�/ Iv �o Q'IY`1 \ by I I cr 934.5 \ cc I \ �<<, 18 \ \ o / —/ \ �s 33I a r\_ plc I 43 .III. 1 Fz 1 4 -- ,„ 0 C ---.- ._, .6 A C V, •.- .., ---..\ ,-?.j '‘.... v ,,,,, ....., ! `/- ,:,/ - Is: - --------- ---- 1 eV i C Y i e .., 1 2 I 4:- f ',/- Issil I ' c I 14) ' 1 I 1 ', i I , _ • -__ I 1 %. ---, ill — 4 a i —I•-.1 .--,-,,sv. -4- --_ , . \ CO. e->\)\+-)(9/ ____ _____ __ _ _ _ 1----------------r---------------------------Tr\i' -rTjf - .9,..7_1(1 (-7-)9 RECEWED :.; !.. i 8 Mr38 CITY OF SCANDIA 8[1-'-ill 1 i Il AIAI m ri 1D o��� 111 111111741111101111111111 oor �11 _M El M®M 0IM On tl Olttllltt1111111IIllltiltIII I SOUTH EAST A Ililtlllltllllilllltll111llllll11111111111 IIIIIIIIIII I IliliHif11 IIIlilllllllllll11111111 III'I IIII 111 NORTH WEST ELEVATIONS SCALE: 313"=1'-0" ENGINEERINGDEPARTMENT' (PROJECT TITLE 0 S S \ /REVisONs SCALE JOB NO. orthland \ 2895 38th Street NELSON NO. as DESCRIPTION By AS NOTED 4402462 R 1 uilding 1 Eau Claire,WI 54703 SCANDIA, MN 30' x 40' x 10.-0" SPAWN BY SHEET N0. 2 Y J Fax(715)874-4213 2 CLP Office(715)874-4211 FILE NAME: 1 ACAD Z \ 79�e Leader in t'.uMom BuiltB�ildityGA / \ \ \DWGS\PLAN REQUEST\08\CL\NELSON,ROSS.DWG /` 3 DATE 2 0 J \+ 05/21/06 I 6, Meeting Date: 8/5/08 Agenda Item: pe, 4. c) L' C 4,C) Planning Commission/City Council Agenda Report City of Scandia 14727 2091h St. North Scandia. MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on the application of Mark and Colleen Kaiser for a variance to allow an accessory structure to be located closer to the right of way than the principal structure and approximately 100 feet from the right of way, located at 14440 Old Marine Trail. Deadline/ Timeline: 60-day review period expires September 13, 2008 Background: The planner will present the attached report and recommendations at the meeting on August 5, 2008. Recommendation: The planner has recommended approval of the variances with findings and conditions which have been incorporated into a draft resolution for use by the Planning Commission and City Council. Attachments/ • Draft Resolution 08-05-08-XX Approving Variance Request Materials provided: • TKDA Memorandum dated July 29, 2008 • Location Map • Application Materials Contact(s): Mark Kaiser, 651 433-2101 Prepared by: Anne Hurlburt, City Administrator (kaiser variance) Page 1 of 1 07/30/08 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 08-05-08-XX APPROVING VARIANCE REQUEST FOR 14440 OLD MARINE TRAIL WHEREAS, Mark and Colleen Kaiser have made application for a variance to allow an accessory structure to be located closer to the right of way than the principal structure and approximately 100 feet from the right of way, located at 14440 Old Marine Trail; and WHEREAS, the property is legally described as follows: THAT PT OF GOV LOT 3 -S26T32R 20-WASH CO MN DESC AS FOLL:COM @ SW CORN OF SD GOV LOT 3 THN ON AN AZIM FROM N OF 359DEG52' 00" ORIENT TO THE WASH CO CO- ORDIN SYS NAD 83 ALG THE W LN OF SD GOV LOT 3 A DIS 98.54FT TO A PT-SD PT BEING THE C/L OF OLD MARINE TRL N FOR THE POB OF PARC TO BE DESC THN ON AN AZIM OF 107DEGO5'33" ALG SD C/L A DIS 93.77FT THN SELY ALG SD C/L A DIS OF 220.86FT ALG A TANG CRV CONCAV TO THE SW HAV A RAD OF 3763.05FT & A CENT ANG OF 3DEG21'46" TO ITS INTER SECT WITH THE S LN OF SD LOT 3 AT A PT DIS 298.48FT E OF SW CORN THEREOF THN ON AN AZIM OF 90DEGOI'05" NOT TANG TO SD CRV ALG THE S LN OF LOT 3 A DIS OF 339.53FT TO ITS INTERSECT WITH THE W LN OF THE RECORD PLAT OF MERRYWOOD 3RD ADDN AS DESC THN ON AN AZIM OF 359DEG52'00" ALG SD W LN PAR WITH THE W LN OF LOT 3 A DIS OF 418.69FT THN ON AN AZIM OF 261 DEG 13'10" A DIS OF 645.34FT TO A PT ON THE W LN OF SD LOT 3 A DIS OF 319.98 FT N OF THE SW CORN THEREOF THN ON AN AZIM OF 179DEG52'00" ALG SD W LN A DIST OF 221.44FT TO THE FOB -THE ABOVE DESC PARCEL CONTAINS 5.05A-SUBJ TO R/W EASEMT & SUBJ TO DRAINAGE EASEMENTS FOR WETLAND PURPOSES; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on August 5, 2008, and has recommended approval for the variance to allow an accessory structure to be located closer to the right of way than the principal structure and approximately 100 feet from the right of way; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Mark and Colleen Kaiser for a variance to allow an accessory structure to be located closer to the right of way than the principal structure and approximately 100 feet from the right of way. based on the following findings: Resolution No.: Page 2 of 2 1) A hardship exists because the accessory structure is an allowed use, and there is not a reasonable, alternative location for it on the property that conforms to all Ordinanc - standards. 2) The hardship is due to circumstances that are unique to the property's wetlands, and location of the existing house, and location of the septic system area. Because of the unique configuration of the lot and location of Old Marine Trail, there is a limited area that is both 200 feet from the right of way and even with or behind the house. 3) Wetlands and wetland setbacks prevent the location of an accessory structure on the west side of the property. 4) The area at the rear of the house and the east side yard are constrained by wetland setbacks and the septic system area. 5) The proposed accessory structure is in harmony with the general purpose and intent of the Ordinance and will not alter the essential, rural character of the area. The proposed structure site is screened from the road by existing vegetation. 6) The proposed accessory structure is consistent with the adopted Comprehensive Plan in that site is distanced from the wetlands on the property and does not require removal of the woodland. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the accessory structure is generally in conformance with the Site Plan received by the City July 15, 2008. 2. That the accessory structure's height must not exceed 35 feet. 3. That the accessory structure must have a minimum one-foot overhang on all sides of the building with finished soffits. 4. That all fees are paid. Adopted by the Scandia City Council this fifth day of August, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/Clerk • 1 TKDA Sa4tP Cedar ulS N5,101- 1400 Saint Paul,MN 5,Suite 150 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.cam MEMORANDUM To: City Council Reference: Kaiser Variance Request Planning Commission City of Scandia, Minnesota Anne Hurlburt, Administrator Copies To: Mark and Colleen Kaiser Proj. No.: 14059.009 From: Berry Farrington, AICP Scandia File Number 2008016 Date: July 29, 2008 Routing: Sherri Buss, RLA SUBJECT: Kaiser Variance Request MEETING DATE: August 5, 2008 LOCATION: 14440 Old Marine Trail Scandia, Minnesota APPLICANT: Mark and Colleen Kaiser ZONING: Agriculture (AG), Shoreland District 60-DAY PERIOD: September 13. 2008 ITEMS REVIEWED: Application and Site Plans received July 15, 2008 BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting a variance to allow an accessory structure located closer to the right of way than the principal structure. The subject property is located at 14440 Old Marine Trail and is in the Agriculture District, and Shoreland Management District. The property is 5.3 acres. The proposed accessory structure is 40 by 50 feet, or 2,000 square feet. BACKGROUND Section 9.2 of the Zoning Ordinance regulates accessory structures. Section 9.2(2)(B) states. "No detached accessory structure, including storage sheds, shall be located closer to the road right-of-way than the principal building on a lot without a variance unless all of the following conditions are met: 1. The accessory structure is at least 200 feet from the road right-of-way on lots of five (5) acres or more; and 2. All setbacks are met." The lot is 5.3 acres, but does not meet the first condition. The proposed accessory structure is less than 200 feet from the right of way and therefore the Applicant requests a variance. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Kaiser Variance Request Page 2 July 29, 2008 Scandia, Minnesota Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It states that variances are only to be permitted when they are in harmony with the general purpose and intent of the Development Code, in cases where there are particular hardships, and when consistent with the Comprehensive Plan. Hardship means that the property cannot be put to a reasonable use if used under the conditions in the Ordinance; that the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and that the variance would not alter the essential character of the area. EVALUATION OF THE REQUEST: Accessory Structures Section 9.2 of the Zoning Ordinance regulates accessory structures. For a property of this size (5.3 acres), two accessory structures are allowed with a total area of 2,000 square feet. The maximum height allowed is 35 feet. The proposed accessory structure would be the first accessory structure on the site. It is proposed to be 40 by 50 feet, or 2,000 square feet. The proposed height is not indicated in the application materials. The proposed accessory structure would be located closer to Old Marine Trail than the house, but less than 200 feet from the right of way. The Planner estimates that the proposed accessory structure would be approximately 100 feet from the right of way. The proposed structure meets the size standard and number of structures standard, but does not meet the distance from the right of way standard. The proposed height of the structure has not been indicated, but it may not exceed 35 feet. The Applicant is requesting a variance to allow the accessory structure to be approximately 100 feet from the right of way. Setbacks The setback requirements are: side yard of 20 feet, rear yard of 50 feet, setback from Old Marine Trail (a Collector) of 100 feet from centerline or 50 feet from right of way, whichever is greater. There are two wetlands on the property, which have 75 foot setbacks. The proposed structure location is approximately 70 feet from the east side lot line, 250 feet from the rear lot line, and 130 feet from the Old Marine Trail centerline. The proposed structure conforms to the setback requirements. Building Type and Materials Section 9.14 of the Zoning Ordinance regulates building materials. For a property of this size, an accessory structure must have a minimum one-foot overhang on all sides of the building with finished soffits. Kaiser Variance Request Page 3 July 29, 2008 Scandia, Minnesota Consistency with Comprehensive Plan, intent of the Ordinance, and character of the area Variances may be granted when in harmony with the general purpose and intent of the Development Code and when consistent with the Comprehensive Plan. Variances must not alter the essential character of the area. This area is rural in character, including wetlands, woods, and rural residences. The Comprehensive Plan calls for preserving Scandia's rural character and natural resources. The proposed accessory structure site is consistent with these priorities as it is located away from the wetlands, wetland buffers, and woodland. The Ordinance requirement that the structure be at least 200 feet from the right of way. if located closer to the right of way than the principal structure, serves to prevent accessory structures from becoming the predominant feature on the lot as viewed from the road. The site proposed by the Applicant is screen from the roadway by existing vegetation and is distanced approximately 100 feet from the right of way. 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 Planner recommends approval of the variance request, to allow an accessory structure to be located closer to the right of way than the principal structure and approximately 100 feet from the right of way, at 14440 Old Marine Trail, based on the following findings: 1) A hardship exists because the accessory structure is an allowed use, and there is not a reasonable, alternative location for it on the property that conforms to all Ordinance standards. 2) The hardship is due to circumstances that are unique to the property's wetlands, and location of the existing house, and location of the septic system area. Because of the unique configuration of the lot and location of Old Marine Trail, there is a limited area that is both 200 feet from the right of way and even with or behind the house. 3) Wetlands and wetland setbacks prevent the location of an accessory structure on the west side of the property. 4) The area at the rear of the house and the east side yard are constrained by wetland setbacks and the septic system area. 5) The proposed accessory structure is in harmony with the general purpose and intent of the Ordinance and will not alter the essential, rural character of the area. The proposed structure site is screened from the road by existing vegetation. Kaiser Variance Request Page 4 July 29, 2008 Scandia, Minnesota 6) The proposed accessory structure is consistent with the adopted Comprehensive Plan in that site is distanced from the wetlands on the property and does not require removal of the woodland. The Planner recommends approval of the variance to allow an accessory structure to be located closer to the right of way than the principal structure and approximately 100 feet from the right of way, with the following conditions: 1. That the accessory structure is generally in conformance with the Site Plan received by the City July 15, 2008. 2. That the accessory structure's height must not exceed 35 feet. 3. That the accessory structure must have a minimum one-foot overhang on all sides of the building with finished soffits. 4. That all fees are paid. File No. ) 0 OS 0 I APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North,PO Box 128, Scandia, MN 55073 651/433-2274 Facsimile Machine 651/433-5112 Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission requirements may be found in the Scandia Development Code,available at the City office and website(www.ci.scandia.mn.us)and in the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable. 1. Property Location: (street ad.�jr�ess, if applicable) l I£No a/ l t l(Arm t° 1r. 2. Washington County Parcel ID: ,)dc .3d Coo 3. Complete Legal Description: (attach if necessary) 4. Owner(s): ( ,(1, C ol/ K4 r s r-._ Phone: (h) 637 q3 3-- D i o (b) 1? —5 0 -- ? ' 7 e Street Address: +f(/L/c/ 0 Q/d ��r M e - r - E-Mail: S L c .i d o �, j 5 co!, City/ State: m a ri m i) Zip: s 5 0 Y 5. Applicant/Contact Person: in a, � Phone: 6,- / — 3 3 (h) (b) ( — 5 ( 0 -- 75 7V Street Address (Mailing): /t/i-/(/O Q id , f T E-Mail: c C a d (C ri 5 0 Sn• co 41 City/ State: / a t0 �'Yl Zip: S S U t/ 7 6. Requested Action(s): (check all that apply) Variance _ Minor Subdivision Conditional Use Permit Planned Unit Development Interim Use Permit Preliminary Plat/Major Subdivision Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) Final Plat Map Amendment(Zoning or Comprehensive Plan) Permit Extension Text Amendment(Zoning or Comprehensive Plan) Other (0 a) C 'a 0 cu ,... •-;,- -0 el as c el C I>- , , 0 C 1 c To p 0 -a I 3 c < _ a a) C 2 c zo ,... , 5 i. - 110 . :I 3 li 0 0 .. ,i.. ..'s, ! -.... P. P IL. e• till Z 1- . It ' •: . ' iN. ....• ., TV ---- ;..,,, j g•..." • I i rn J I, Nt C, 0 V... 0 6 \ s). I 0 1- I taa 4'0/4 ick??,aa i r al , 1 ._ ,.....w.,,A i -.. ::,..,.. --,.........- ,,,:ka,... ,,,....--,.A.,1..,,,,,p.., *szN..,,-*-kw..4, Jc *,,,k,"*...`e, Kv,,,, ,.. ..,• "-S,S=t+NZXr -'--,-,..;ktt,T4, ,,x-,kk,4,-,:- k)-t"--4 ,Itc.4t..\--4.;,sa... ,:..,N,k,,,,,,Z, CL .- — 1, ; .....-s , -,- ‘- .--'\ iskkk\-\'‘ ezi 'idk-tt,,,a .,4,--4,,s, ,.\, ...'.V.\ ....ii ; ktk.,,,,,,.-* ,, ,:z.\\**-- '‘T'°,4.-,v,,,,,,,;tgo I.,/ - * q\.,:,:t4b-,kuvAttii 5. E z ,,,. ,.c.iw... 1* ,-,,,,-4.\\,, \, 1/4 k-zi (1) I '0,4;-,.,-,-„--zkaskioNv.w,A•t*,-1,,,N,L ,.,„ ko,.-*.z „-5,,..y.1,. ,-;,.;w.„,*.is, ‘-r\`-32..4,‘,,‘..‘ • . ‘r-lt:-t-1 0.. CD At. •,‘,,,, --,---\' *--N.,,,,,,, %.,-.4-;,1 .0 >, 03 cu ,,,,—,..§.;,,,,/kv,z1kki,\<.\- ‘,..\,....‘4 , ,-‘1 c.:V*514,1S\kt, l'; \\kk,a,..4 .,'•::\I\ ',',.1 CD z 2-:. 1 v., . N.4, .. \\‘‘,.,,•7'. th a) >1% < A.,,"*,,k‘'2,<*' ''‘Ak.,,,, '4,. '' ''. \ 1-:t....,:-.. ,D.g 4.• ‘''''.. -'-', *-tit,',,,ki.k' .--\ ,.-\•-t.r.;-i-a:-R.,',.- P 2 ,-...1....,„-A -,•k-,,_ ... ... .. , ..?.::,t`*_,...,-,%*; ', 3,-,17;z•N*-; \z*o.*:,, 0 42 0 E) 1 u - --,:=' ',.--.7.-,.?,y,24,,, Nt*°4‘t4fsx..-,.:,,,A''''''',..:'-'1,2 -0.2 0 1 $4 [I co '-)"°'''''•):'',,.-%•''''V'''''''',...:.!I`v.-i, •W`, ‘ '. .• ' )).-,)'4.),' :).'I .,.),..4. ...., C, g w 0 (1) ' '''' .`,.',.k ri.,_.--,,...:it, )..;],$4..:z7irk,4.1.,_.ztki.:.:'.*: ,`,,z1. ,..4,- CI g E tin., C , )..,co --1 -2 2 2.c) .11..1 , C) •,. ci.0 ,.... z CD o CC ,,...., rzi \ co 1,2 Wo ,--i _C ra4 0 i (/) , :03 ../ /. CD s' C / ...1- i !.0 .-- . -_ / 45-->-•- .._ - U., .g..‘. CV taX Z -Z 0 C C , F2 g ••—i„ .. , 1 . .ml. • c. a, o i 7. Brief Description of Request: (attach separate sheet if necessary) 8. Project Name: /yr A 6 6_ arc P I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing,reviewing and hearing the application. These costs shall include,but are not limited to:publication and mailing of notices; review by the city's engineering,planning and other consultants; legal costs,and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant,the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: - //. 07L.j6 7 add Applicant ignature(s) Date: L-4/("21'-1.' — ( 5- — da For City Use Only Application Fees: 115 0 PAID Parcel Search Fee: t12 g 3 JUL 1 2008 Jr Escrow Deposit: ' p?( CITY OF SCANDIA We are requesting a variance to build a detached 2000 square foot garage for storage of our personal property. Due to the odd shape of our lot and amount of road frontage, our proposed building site is less than 200 feet from the road rite- of-way. We have chosen out site for the following reasons: 1. Accessibility to our driveway and home 2. We do not wish to interrupt the wildlife in our wooded and wetland areas. 3. We need to stay clear of the well and septic system. 4. We need to avoid low areas with drainage problems Our proposed site will not interfere with our neighbors or wildlife and is located in a high well drained area. Mark and Colleen Kaiser PRELIMINARY COPY, subject to rev a5lon CERTIFICATE OF SURVEY E,} rSup � ,,�j J LANDMARK SURVEYING INC. -" - - - _ 21100 Oiindo Trail North 3 Thomas R. and Deloris K. 4(eiser � Scandia,Minnesota 55073 v t:,s,,_5,e,r _T ,,,,,.,,a " 14122 Old Marine Trail North- /�yy77.. ', .; laVoyne R. Dupsiaff Telephone lc FA% Marine on St.Croix, Minnesota'55047' "'r''T Licensed Land Surveyor (651)433-3421 ,., �.. We hereby certify that this is a true and correct representation of a MINOR SUBDIVISION of the lond described ' and " ( { below, that this survey was prepared by me or under my direct supervision and that I am a duly Licensed , ,' !'.. Lona Surveyor under the lows of the State of Minnesota. ,1L{ +w V LANDMARK SURVEYING INC. by - t� Date', Mark I. Kaiser LaVoyne R. Dupslaff,Minnesota Licensed Land Surveyor - 1 j��l License No. 12660 3 1007.Milton Street North St.Paul, Minnesota 33103 r i I h..../V 1. L._/ � Woehington County cost von monument at + p'y -, { the WI/4 corner or Sector 2E'32N.,R.20W _-- ---89°54'49"- 5277.86--- ow thing Meander Comer 2. toet _ .;t- t t1, STREET NORTH — — 3<0. 3�7ae \ ( Reference Survey Report \ HAY LAKE v \ iS r-- n meandered V - i 1 i fl 1 5.a ! •\\ Or \ die t�°i sd + MINNESOTA tome PROTECTED WATERS iota po a,�d�ese a nvEJaRr7EsalArerB2sP {\(J. i iz} \ \ revden`° ,' ' '1 v ni j v v , v J a / 1 SCALE IN FEET \ / / / f . , ,„1:::::,.:,,..,,,.!.„,,,..,, I �� I pia / ' Residual ii`ri.. A V ( 70 ac.±) SCALE: 1 inch = 100 feet A n lI nC ifr �4, \ u 3/4 inbroken p \ 1 r astc cap <' �v -005-teer son-or ins-" CS LEGEND s J Orientation of the north azimuth l \ ' C ! system the Washington County r I 638 OD __ ( I _—— ————- — Coordinate System, NAD 83. / \ -2" / /r o denotes 7/8 inch outside 7 , 4n^ ��' C J acn ai diameter monument inch se, in m (` �-. / . iron marked pipeaby a plastic cop \\ i`^ / inscribed with License \ I (81°) _ 645.34 --- - et e ��l / 8; Number 72660. \ __261°13'10 and' $^ J / a denotes monument not set '� �' vK \ tors ,� � ,,,, �om tiff - -----'J at position shown 1I \ \\ - \ rwHwa. +2w1�.. 1 oa _ I k Ate V / .�V� aeumi rzSir ��zz //° s m j �q (� ! r ri .1 denotes boundary , �.\ \\ av•s �� wet. / 1�` w .I- noa tear i ~ 'o 8 U �(C of wetiond se C 4/ i .-. - {{ 9j - - ( _.J deitneoted by Wetlands Consulting 1 \ �, land 1 et O � �� 'y=-.-1 lane 1 1 ! s. • ,vie denotes boundary le borings of \ ate°'_ szv Ell ,>w, A6 ' ' I 'r a sod test area by Earth Science. a'N ^ ��8� ` /�,8 O 3 -o J ( { n Parcel tlti> e , 4' • denotes iron pipe monument \'hi- \ 1 psi, _ `tl itJ # o n i found and described as mown ! e8 -� �, srss�a� .Ig, �r.(A'; rr SURVEY REPORT 9f 7/ x,o,3>>T, �y I f M b933" `1, ^rfo r'� n.4,v &' sy r. The east line of the Kaiser property is described es being the west line of I 4m3aa1 1 ! the plat of MERRYW00D 3RD ADDITION and the west Inc of MERRYWOOD 3RD 0 I rn Rm 4 - �• 1 D ADDITION is described as berg the east Tine of the West 638.00 feet of 3.�' r`."1`~�-2.„0.BOswn ..n y y i f Government Lot 3 e �� _.__.—_.—__—__—_____________.____ ___ ____________ ._._ s Two iron pipe survey monuments were found on or near Kaisers east line. i 4`. -- --298.48--- -' ��, r: , The northerly iron is 0.05 feet east and the southerly Yon is 3.79 feet =5- '-- ---270°01'05" - 638 00--- - \-a 3/4"IP oeors 267,325P-3.79 ri t. west of the Bost line of the West 638.00 feet of Government Lot 3 — $H (90°) ,Y Parcel B �� a to ire of Gov't Lai 3 The two pipes ore 64617 feet apart in a north-south direction. The plat shows them to ( 0.35 ac. ) n be 671.08 feet oport DESCRIPTIONSPossibilities for the discrepancies maybe a difference in the section cornerwoeS so County ecti ion monument at , positions ens Southwest comer of Government Lot 3- O -the SW comer of Secfion 26.132N.,R.20W used in the subject survey(1999)and those used in conjunction with the plot survey (1973)and/or that the monuments found may not be the original monuments set for the Sheet 2: Parent Parcel and Parcel A deecrtptione plot. Sheet 3: Parcel 5 and Residual Parcel description* ar Additional plat monuments are being searched for to verify too position of plot line os Sheet 4: Old Marine Trail North easement doscrlppion t originally m plat monuments before the final archer of the east line of the survey is - .L ,i determined IN Sheets 5 and 6: Drainage(Wetland)elescriptions The direction of the line between Government Lot 3 and Government Lot 8 from Meander > I Ti ^,A Corner Na 2 hos not been determined. We recommend that this issue be discussed with a Landmark Surveying Inc. Attorney. ITtiu A." 2 • 21100 0linde Trail North $candid, Minnesota 55073 ` e .5H�E f t '`$HEFT ,n 8 r,,.d«...M'w'e Cc It eooz'ez sreruoei afiad 0 ui ric . ° t} tl , "-4 4t `4. ' fib- 't'pt 4 • 4.7r .. ) R i - 0ii' i.-•'1:: l.,,,,,3 „.4 IA, 31"r' • I .>r,„•, 1 t r w.. .. ...lips, r t,3f�1:. 4: a'-,-''• e'�{) rt • r r ��'i{,,N�",,,' Z ' 1-4, . - ..'1' e� .,,�: ° •'r ."If fY•. 9 tY �'` c- t'4'rR'' ¢O is Au X � '3 t ,,, t a tit 1 xxx. •,t e 4 4' J 41t",'I 44 ''‘ -4 i 6/ ',..,r„, 'au, =y + . `may « fl, � is. w fir.,4^ w yam. - - 1 a �i�'e:•,a<Sc s '[ ,.'- ', . 7¢ 6 (�yr yy t ,, . n i R 6 rr �' vfe 5 .•, k 1 ar 4.pat Y 7 � .{t�•r 4,1 try,sp C•• .k 4, i . Y''._SS - 'r w• ill ± I yHl.4,,,,...„, fs yy.j .a''!`,' i`5' �a-Si'�IJa:. { '' -t; _ , �' x,, ii E'r ., :. :a �r.F. ,24/4tr L. ,Y<r'4-sa• r ? �( 4 r �! .0 �a' 61 i s. iJ" ��. 3 •' r�r.t ' I !,..'•, » i 'e.`°�,Ar\f?r} ••x. '� -_ � ' r t j1 d.'f.r01.• - y,, 46yk'' ,- '�. � .„4- r,. �_ ` s ,SyA L' 2 yr+ L_ 4`j ; � 'Y^. ! F N yi �,1} v:t l S '4- JI Rm�' 3r Sc� ;� ,v ' -� Icy. 3 r.". 3,1.+t{-440 ``141',"•' --X 4.:' ip� ::' i' ,t w J• � ;i »� :�b� ' t, .. ��a Y+ r+i r!' ti t y :�i r " t #'e.. '.' C {' I ' to - r 44 . �- - -:_-i 1• '' iR 4 r . ", ,447,111 '7 ,r 7 afirr $ '�4 M ,tA Y f et + t . .,•., r;.i , � t " Y t- .. i 4rtd° ! 11 ,ry4pi' r .rn — ( 1 — • SON 6.1 ff. • §= ,'.4_,.,sil i • . .. . . ,i ��,k ' ,,r` b ''S t '` r ^ ` § fi r[ « Kk� '_ ,,"y. ` kt ,✓., ,1 ,... : ' ,t' yy k , s$. 4 • rw,it y,� 'A - •r +. 'r ,I I M; I irI ...` 11 k,0 a. u' , wrr $,: yA t 4t - t•-«'$v f t" frc ','' a'' g , , R 4 "tiTa '1' r" r• � :r"3 Y + ., i :f .t� NL. d 4 ...4. r ''",P"vi r v°, 4. 1` , *s y } � ,,„ Z ° ,v ,a'••f. +-{''M,V. T: �:. ra44+V.4', f 1 t 44 6ct� V,',i ' i1,�+ 1• ` NA, '74 k � ' '? , gfa�t> �� 3 .� I ry t - z ' � e', : ° e l4 d kta r a T • f 4, -. 7 ;,,4,44 P, k ."44 _arkase V :r ', r 014 • n 444 tgr- • • ~ ). 6 ( r' { r'f7R_ P I -4".�.�,y�r•, q i•G' - r ill"' 9�.����� ' r �}y, 'r .e, - ` .�T 't` ; f.4L, • si+r t k-4} •,..,'., �w•f d'�N, .. a� a ■■.• .d'y.« 5* >s a �, S.�r 4yy t + :J <t !.q s -. '5+a a k« t'.' rcti ■■ —. v k i ^ t r 't t .4,I e L k 4 t �f -, �,i,`�4'3 a." ., a : �s Yv t ^fit r .F 7.,. tiI;L J'''ff�i fa(ft h hr.• ,r' , s, 1R `-.1 '•w, *'I i u.. 44 1 4 - - ttf :yg a '� !,�r r 1-1 f"'M . L {� slit °� - `;� a- 4,...,,� ;gv y rfc �+,., v> er - • $1 1 v^ 3 k L..Ci' sox v.t i _ ' .�'i 1' t• r k,}, - IL, .J Y' • A,y �`}•�'i�ss •5 .�:a '- �' W it �'". l,A'. >if it - n' .t lr �i1+ Yit, - ''+ J' - `�. )1 ..rift,'{ "ki j ,l,r. ' r ,O'er' g"_"f—1 LU 'tit�A � ' ;' S t+".ti- �'' 'S; r ever; jl MF' .Y . `.' 4 -1� P ' r�4n`gyr "- 6 ., a4'r'r ' pl ! r ° •ill'71ENT " '� I Ix? '11* r^.S r r:.. 'l $ • t fir a{ f« + • .f • '` 6~ vL � LJ `..b p'. •i•A.b',i0.-.S,itt i 40 .}_'7 -` . 't i a �.� 7 �� , �:� g y rt. I u:.,�., dr�r R Ra `` �r •+n x �`. �v.E r r - ..,..._.,:..�,,.:•ar<sar•-a.-.. _r...�.-_,=:-r.�_'�.._��:+Mi.-+. N �.� '4. v ;t }>. ;. , • A.a + 4 1 s r - 41. /4 s .�A' d' r �'J J 1L4 r `•- - f J y `'r -�t t ,1y'<t f:! ' «• fir } yi•T.s __.� _ Ate; 5 !j�'a4 . 1t'_4`*-- s.. I. '1%. - _. I F: 'f' ,ti ..a ns ivyi'I''i ft.,Y_+•' .t'S• �- !L' -•lr�• *f?` - 1 ^ al t+� �! #:' r - � 44' t* r'i,< i .rr:r y n) l aYi v < � * 1, • ,: "r •' cc 2 n,{' L 7 vt it r 'C" .y M t.4 Jr �il {/,' O •-�r + +,•f.L i f i fiiyl w 4 r tr'Y a, A�n[y y"Ff WR' 'r-`i " ' °e'•". •' r�'!' '�,s,�sq� t .;:e��; i _ `'_ �'t * , '�'�" y.� - � 0 1 i t x f� i' i 1 • x Xi 7s+ S�vu�s�+ 'Fi6 s rtir�'<4 a� 'r i`^M +3�x"7i1�� -'1 yjf - � p� r ,r� ; r a„ti�� �y 1 w� \ it .n v v ,,, ^h4j4i' r;ir =�`4 r irr 4x i4 3ttS '1 d f c• �i, h 7 , ,I,'‘.‘ �'4' •w• < " ui if • 1 ,',Gk Z..e'�+i � vf,6S v3:.k i 4 ' v 4 a4 n , • 1' aF�}� t it 3 rf„,, Iv. 4 R„,4t s, '.µ; r r 44 ' r,�� '1x,, ,�i r T ,}nti r s i° ,, +.. '�*+* • • t 1 . t 4 y. ,-• f ,T t.�•'a"4 '`• ' q_- ,,•# '4T d t! .r. 1{fE .ie �;. - V 1 ry '�'e"'A' "4.','f -,, {.yS .l,gym ,,,i,,,,,.'.. 3, a') h w 1 r y �,, k, x„ .r ti. f"et q„� 4�3� '4 „ A v#: ; I; r. P ..;! i.7r., r 4� it A,4, 14C•'�+i•4. P441'S'''rv^ki'A t ` °"','•i� i',, i.. .ati- .r• j .:z..4 -;t I: ��. vim°'•'. ,4, --•-� Jy 4 t"4 n'li', 7px.iir v i 7 y; , �' •J•e lia, : * •4 5 yk Q i'.;•r.i�1"` i G"e�•AirFki t"_l;r Pzripv'''r. � .j ••.g; .. r. 0 ,. <rE 1.11..'` Y,�' 'r+'7,' 1 �', yr, C' g I� x - r v t f • 'tti • '.s .�a a rr a-, Ws if, I x �Q, k r 1 _'' t - ' CA� J t r v. FMrr ti t �( f r r -�.I l�F .�l '{: Fly >- V: �j�`.`�,,,e. x�r t.�grq,�r c"�. '7t"''.•#a ��yy1 i,. F "f,l{�yp•.i .I {�, y, it I I_- ` ex,sF1r {�.' °'ite `I�' �� ,,¢ • rr ,- r 4 i- , .�;d:�5 k•�s:x ,Jl :� � .Ax 1'- `) b{ 4 "Ofr c 3 r" ,u,1�` PS f . Y x ' ' • f 5 '�' ' t yir r t r j ,' xr i I"• `�t 4 + `t r ' s .5 -- r J r, b•ri" 5 "Sn5 �� i�P r , a �� " f 1 ywg • v dui .. rt j'R . x1 r "r :f a k _ a r 3q-,, ', it p� , t.i1..•f J'mLu ;z < :Ar . K 's �'! . 24,R.S yA. 7 I'. "' tC" F�y iii7'r { w ,w ¢o U w 4L ;17. rYklit S.'�'' + f k s i o l flfil � '•IL � ,,yt a .3. ,s ti� A * / 3 .' Y I.. • o 0 0 i >`'. • ,.t r .E a "-'•,, `A •!''` r ,v,t• - 'rl. •• nP S'' O O 2 a-2 " r ` '"SLR''``` i �!k". , ' ""�'t O a c-a(i' m "+J r i�'y t5"r. �r •R'A. :{ C rr^ -y A� it f.- r , . --'+,! 4 Yr _' dry 1t w ¢¢¢i'c �' ai "'x'.1.'`a� *.a5•,�, rr �i y v,. Wi s "Y'�;r$'`'� f+ - lr,;a. } •r�f J o 0 0 g 4. `.e.•r i i) "a,' ,,411-` -ysF'ta +' . '}:$' i'r ,, i'- r - y. -, I _ y �i 3 +'.'� • w ri 4- A I na= :,"....4„!Sn,p'4,4 t 'r no. 3 �s _ '`'! x ?' 1' }' Y •.�. i. • 'i{ f ' Y^tINV i T r,' ' 41 '{ 'v`d4e ♦ A ,.a. `5'r� t �'r -4.. It, a�n _/', ,,,„,A; r`x.4ri F '. {j a ...- ( s ) z yv�•'� ', 7, j' frtk *� 5 y ,«� , sr r3, tar i� � ♦ r . } , a' '7 �t 0. l! ,t+ h •13 i;,.' t jr's'"'.ft, ..41s'`,, 1,}yt iE + lr ' • t )'3a -, i pf .4, 1A:y -i • • Wv * �a k r i^ ` lyi r } nh1 'y S4 t O-�� ' rs 1 ; •� ;.ib? y iJ . yr { i t . � 16 w .rei.w?ff.i y°j� er r _ 4 IL a krar.t, f ' ;'skT' S i ii Si t � ; • >.f1€ $i4`e.x7 '` tr i iify i` r p• keYk =M` t c •k. 14 Q' a - Fry ,p '` ; , f ,,,, , a ' k.. rz i1 q- 0eoA,> , f t ` { -vi ttvk +•• i 0 O• _ j`'r,f ,r4 '� r f R a , K S : " .: • } . 1 2 •it • {„ it ri 2y?.E'�+2 'A.'. i i r - Q W Aye i•t& ir.'�c`r ,,..^, e 4. t s .• it °. A. 44 r' t • ' 22C: -0 ,k +�, 7 1 jtf �'F t d r t f' ' �� � 1 T x 1 rfr,. gk t J jj i f e rcl aO i n Yt'f i y;:, i' tti , ? .i i i 3;. i �r Sr IL Z GE ` y �pp,A+ ? 4-Jr 'r ram ��r;+ '1 .l P'r'�' o S 9 li •. t 4'r.h1 b , 'if r t )3 ti 4.,,ti ',' 4S r 4 x } f • z 1 2� Meeting Date: 8/5/08 Agenda Item: Fry Planning Commission/City Council- Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on the application of Scot and Courtney Taylor for an Amended Conditional Use Permit for Meister's Bar and Grill to allow a volleyball court/boot hockey rink on the Meister's site, located at 14808 Oakhill Road North. Deadline/ Timeline: 60-day review period expires September 8, 2008 Background: The planner will present the attached report and recommendations at the meeting on August 5, 2008. Recommendation: The planner has recommended approval of an amended conditional use permit with conditions which have been incorporated into a draft resolution for use by the Planning Commission and City Council. Attachments/ • Draft Resolution 08-05-08-XX Approving Amended Conditional Materials provided: Use Permit • TKDA Memorandum dated July 29, 2008 • Location Map • Application Materials Contact(s): Scot & Courtney Taylor, 651 433-5230 Prepared by: Anne Huriburt, City Administrator (meisters cup) Page 1 of I 07/30/08 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 08-05-08-XX AMENDED CONDITIONAL USE PERMIT REQUEST FOR MEISTER'S BAR AND GRILL, 14808 OAKHILL ROAD NORTH WHEREAS, Scot and Courtney Taylor have made application for an Amended Conditional Use Permit for Meister's Bar and Grill to allow a volleyball court/boot hockey rink on the Meister's site, located at 14808 Oakhill Road North; and WHEREAS, the property is legally described as follows: Tract A-Registered Land Survey#9, Washington County, Minnesota, excluding Parcel 10, Washington County Right of Way 101; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on August 5 2008, and has recommended approval for the Amended Conditional Use Permit to allow a volleyball court/boot hockey rink on the site; and NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA,that it should and hereby does approve the request of Scot and Courtney Taylor for an Amended Conditional Use Permit to allow a volleyball court/boot hockey rink on the Meister's site. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. Use: The use of the property allowed by this CUP is a restaurant with liquor license, with a design capacity of 120. Five tables of outdoor seating is allowed. The business use is allowed for the Meister's property on the single parcel consisting of 2.2 acres. Expansion of the business use onto the separate parcel to the south consisting of approximately 6,000 square feet requires an amendment to this CUP. 2. Hours of operation: Meister's hours of operation are Monday- Wednesday 11:00 am - 12:00 am, Thursday- Friday 11:00 am - 1:00 am, Saturday 9:00 am - 1:00 am, and Sunday 9:00 am - 12:00 pm. Hours of operation for the volley ball/boot hockey rink are 6 to 9 PM. Resolution No.: Page 2 of 2 3. Screening and Landscaping: Grass must be replanted in the disturbed area around the court/rink by June 1, 2009. 4. Parking: The parking lot must be striped and Americans with Disabilities Act (ADA) accessible parking must be marked by June 1, 2009. If in the future there is a CUP amendment request to expand seating capacity, a parking analysis must be completed. 5. Traffic control: Traffic into and out of Meister's must be forward moving with no backing into streets. 6. Exterior storage: No exterior storage permitted. Exterior storage will require an amendment to this Conditional Use Permit. 7. Lighting: Outdoor lighting must be in accordance with the standards of the Scandia Zoning Ordinance. Before the court/rink lighting is installed, a lighting plan must be submitted to the City to show that the lighting will meet Ordinance standards. Lighting to illuminate the volleyball court/boot hockey rink must be turned off at 9 PM. Outdoor lighting, except for security lighting, must be turned off within one hour after business closing. A sign must be installed at the court/rink stating the allowed hours, and stating that lights must be out at 9 PM. The Applicant must determine if an electrical permit is required from the State for the proposed court/rink lighting improvements, and obtain the permit if needed. 8. Events: The City may set parameters on events, including but not limited to event hours, number of attendees,parking, traffic control, temporary lighting, waste management, noise, temporary signage, or other potential impacts on health, safety, and general welfare. Meister's will provide the City with an annual list of events and description of the events to address these factors. If in the future the City requires a permit for events, events at Meister's must comply with those requirements. 9. All fees must be paid. Adopted by the Scandia City Council this fifth day of August, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ Clerk 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: City Council Reference: Meister's Amended CUP Planning Commission City of Scandia, Minnesota Anne Hurlburt, Administrator Scandia File Number 2008015 Copies To: Scot and Courtney Taylor Proj. No.: 14059.008 From: Berry Farrington,AICP Routing: Shen-i Buss Date: July 29, 2008 SUBJECT: Request for an Amended Conditional Use Permit (CUP) MEETING DATE: August 5, 2008 LOCATION: 14808 Oakhill Road North Scandia, Minnesota 55073 APPLICANT: Scot and Courtney Taylor ZONING: Retail Business (RB)/Single Family Estate(SFE) 60-DAY PERIOD ENDS: September 8, 2008 ITEMS REVIEWED: Application Previous CUP documents and meeting minutes BRIEF DESCRIPTION OF THE REQUEST: The Applicants request an Amendment to the existing Conditional Use Permit for Meister's Bar and Grill at 14808 Oakhill Road North. The request is to include a volleyball court/boot hockey rink on the site, located to the east of the bar/restaurant structure. The front of the subject property is in the Retail Business (RB) District and the rear is in the Single Family Estates (SFE) District. The business is on a single parcel consisting of 2.2 acres. The Applicant also owns the adjacent parcel to the south, approximately 6,000 square feet in size, on which there was a small storage building that recently burned down. The Meister's CUP does not include the second parcel of approximately 6,000 square feet. If plans are made to expand the business onto this second parcel, the CUP Amendment process must be followed. The Applicant has indicated that at this time, plans have not been made for this second parcel. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • Meister's Amended CUP Request Page 2 July 29, 2008 City of Scandia BACKGROUND Meister's has been in business since 1959. A Conditional Use Permit was granted to Julie Ruddy and Jarad Brunfelt in December 2001, an On-Sale Liquor License was approved in May 2006, and the CUP was reviewed in October 2006. The conditions of the 2001 CUP were: meet all county inspector requirements, provide proof of license, works compensation insurance and designate a full-time certified food manager. For CUP amendments, City staff have been including the permit conditions for the existing operation as well as for the amendment request in the resolution for Council action. This is so that the City has all conditions recorded and in one place. In Meister's case, the documented conditions do not address many of the standard considerations that are part of a CUP. Therefore, in addition to the request regarding the new court/rink, the Planner has reviewed the typical considerations for a commercial/retail CUP. The purpose of reviewing these items is to have CUP conditions that meet the Ordinance and allow for Meister's ongoing operation. EVALUATION OF THE REQUEST: The Development Code states in Chapter 1, Section 7.3, the following criteria for granting a Conditional Use Permit that are relevant to this application. 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: • The impact of the proposed use on the health, safety and general welfare of the occupants of the surrounding lands. • Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands. • The effect of the proposed use on utility and school capacities. • The effect of the proposed use on property values and scenic views in the surrounding area. • The effect of the proposed use on the Comprehensive Plan. • The ability of the proposed use to meet the standards of the Development Code. • The effects of the proposed use on groundwater, surface water and air quality. • That the proposed use is allowed with a conditional use permit in the designated zoning district in which it is proposed. Chapter 1, Section 7.10 of the Zoning Ordinance regulates Amended CUPs. Amended CUPs are requests for changes in conditions of the existing permit and are administered similar to a new CUP. Based on these criteria, the Planner has evaluated the request for an Amended Conditional Use Permit for Meister's Bar and Grill, and has the following comments. • Meister's Amended CUP Request Page 3 July 29, 2008 City of Scandia Permitted Use The front portion of the property, where Meister's operates, is in the Retail Business District. Bars/Taverns and Restaurants are permitted uses in the Retail Business District with a Conditional Use Permit. The existing CUP states that the restaurant has a design capacity of 120. Meister's has outdoor seating at five tables. Lot Requirements The RB District lot requirements are: lot size of 2.5 acres,minimum frontage of 160 acres, maximum lot coverage of 65%, front setback the greater of 100 feet from centerline/50 feet from right of way, side yard setback of 20 feet, and rear yard setback of 50 feet. The lot is nonconforming in terms of lot size, frontage, and setbacks. The court/rink increases the lot coverage,but will not cause the property to approach the 65% lot coverage maximum. Hours of Operation The City may set hours of operation as a condition of the permit, in order to address the health, safety and general welfare of the occupants of the surrounding land. The Meister's webpage lists the following hours of operation: Monday - Wednesday 11:00 am - 12:00 am Thursday- Friday 11:00 am - 1:00 am Saturday 9:00 am - 1:00 am Sunday 9:00 am - 12:00 pm The Application states that use of the volleyball court/rink will be Tuesday evenings, 6 to 9 PM. Screening and Landscaping Section 9.12 of the Zoning Regulations addresses screening and landscaping. All open areas not used for parking, drives or storage must be landscaped with a combination of over-story trees, under-story trees, coniferous trees, shrubs, flowers, and ground cover. Section 9.12 includes screening requirements to buffer residential uses from commercial uses. The area surrounding the court/rink is grass. Existing trees screen the court/rink area from the neighboring properties. There is a small area of open ground where it was disturbed through construction of the court/rink. The Applicant has indicated that grass will be replanted in the disturbed area around the court/rink. The Planner does not recommend any additional landscaping, other than the replanting of the disturbed grass area. Parking Section 9.10 regulates parking. Restaurants and Bars/Taverns are required to provide one (1) space for each two and one-half(2-1/2) seats, based on capacity design. The information from the existing CUP indicates that Meister's capacity is 120. This would require 48 off-street parking spaces to be provided. The Zoning Regulations allow for the number of parking spaces to be reduced based on a parking analysis. • Meister's Amended CUP Request Page 4 July 29, 2008 City of Scandia The number of existing parking spaces does not conform to the Ordinance standards. The Planner estimates there are less than 20 parking spaces on the subject property. The requested CUP amendment does not increase the seating capacity of the restaurant/bar and therefore no changes in parking lot capacity are recommended. If in the future there is a CUP Amendment request to expand seating capacity, the Planner recommends that a parking analysis be completed. The parking lot design does not conform to Ordinance standards. In order to provide accessible parking and to facilitate efficient use of the existing available parking area, the Planner recommends that the parking lot be striped and Americans with Disabilities Act(ADA) accessible parking be marked. Traffic Control Chapter 2, Section 9.1 (15). The traffic generated by any use shall be controlled so as to prevent congestion of the public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be regulated so as to ensure safe and orderly flow. Traffic into and out of business and industrial areas in all cases shall be forward moving with no backing into streets. Exterior Storage Chapter 2, Section 9.4(4) regulates exterior storage in non-residential areas. In the RB and GB Districts, exterior storage of useable personal property may be permitted by Conditional Use Permit. There is no existing exterior storage, and none is proposed as part of the CUP amendment. Outdoor Lighting Lighting standards are outlined in Chapter 2, Section 9.8. The outdoor lighting requirements address shielding, intensity, height, location, and hours. Recreational lighting is allowed with a Conditional Use Permit. There is existing outdoor lighting on the primary structure. The Ordinance requires that outdoor lighting, except for security lighting, must be turned off within one hour after business closing. New outdoor lighting is proposed to illuminate the court/rink. The new lighting must conform to Ordinance standards. The Applicant proposes to install four halogen lights on poles located at the corners of the court/rink, 16 feet in height. Before the court/rink lighting is installed, a lighting plan must be submitted to show that the lighting will meet Ordinance standards. The Ordinance requires that lights be shielded to cut off light at an angle of 90 degrees or less, that light may not exceed one foot candle meter reading as measured from the street centerline nor .4 foot candles at the property line, and that lighting not exceed 25 feet in height. The Planner recommends that the hours of court/rink lighting be limited to the same hours as the court/rink's use, which is proposed for 6 to 9 PM. The Planner recommends that a sign be installed at the court/rink stating the allowed hours, and stating that lights must be out at 9 PM. For the purpose of public safety, the Planner recommends that the Applicant determine if an electrical permit is required from the State for the proposed court/rink lighting improvements. Meister's Amended CUP Request Page 5 July 29, 2008 City of Scandia Events Meister's hosts events from time to time. The CUP Amendment application lists Taco Daze, Golf Tournament, Volleyball, and Boot Hockey. Activities at events are listed as foot races, relays, scavenger hunts, vendors, live music, outdoor events, portable toilets, outdoor bars and grills, hammer game,bean bags, fireman water ball, dunk tanks. Proposed hours for outdoor music are until 11 PM. The City may set parameters on events, such as hours, number of attendees, parking, traffic control, temporary lighting, waste management, noise, temporary signage, or other potential impacts on health, safety, and general welfare. The Planner recommends that Meister's provide the City with an annual list of events and description of the events to address the above factors. Comprehensive Plan The adopted Comprehensive Plan envisions the village center as the social and economic focal point of community life. Meister's Bar and Grill contributes to achievement of this vision as it is a long-time business place and a community gathering place located in the village center. 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 Planner recommends approval of the Amended Conditional Use Permit for Meister's Bar and Grill located at 14808 Oakhill Road North, with the following conditions: 1. Use: The use of the property allowed by this CUP is a restaurant with liquor license, with a design capacity of 120. Five tables of outdoor seating is allowed. The business use is allowed for the Meister's property on the single parcel consisting of 2.2 acres. Expansion of the business use onto the separate parcel to the south consisting of approximately 6,000 square feet requires an amendment to this CUP. 2. Hours of operation: Meister's hours of operation are Monday - Wednesday 11:00 am - 12:00 am, Thursday- Friday l 1:00 am - 1:00 am, Saturday 9:00 am - 1:00 am, and Sunday 9:00 am - 12:00 pm. Hours of operation for the volley ball/boot hockey rink are 6 to 9 PM. 3. Screening and Landscaping: Grass must be replanted in the disturbed area around the court/rink by June 1, 2009. Meister's Amended CUP Request Page 6 July 29, 2008 City of Scandia 4. Parking: The parking lot must be striped and Americans with Disabilities Act (ADA) accessible parking must be marked by June 1, 2009. If in the future there is a CUP amendment request to expand seating capacity, a parking analysis must be completed. 5. Traffic control: Traffic into and out of Meister's must be forward moving with no backing into streets. 6. Exterior storage: No exterior storage permitted. Exterior storage will require an amendment to this Conditional Use Permit. 7. Lighting: Outdoor lighting must be in accordance with the standards of the Scandia Zoning Ordinance. Before the court/rink lighting is installed, a lighting plan must be submitted to the City to show that the lighting will meet Ordinance standards. Lighting to illuminate the volleyball court/boot hockey rink must be turned off at 9 PM. Outdoor lighting, except for security lighting, must be turned off within one hour after business closing. A sign must be installed at the court/rink stating the allowed hours, and stating that lights must be out at 9 PM. The Applicant must determine if an electrical permit is required from the State for the proposed court/rink lighting improvements, and obtain the permit if needed. 8. Events: The City may set parameters on events, including but not limited to event hours, number of attendees, parking, traffic control, temporary lighting, waste management, noise, temporary signage, or other potential impacts on health, safety, and general welfare. Meister's will provide the City with an annual list of events and description of the events to address these factors. If in the future the City requires a permit for events, events at Meister's must comply with those requirements. 9. All fees must be paid. 4rcIMS Viewer Page 1 of 1 " u764 <'7, 14768 •c-.3 21090 I 21ce3 21070 \ - c�`�14774 308.74 t:0.55 230.03 c U \• 4v' �, 147114•7�C�1 ��..6 T cl 14781 ci • o dig&., 14790 •s> . iiii). ,.,-, .... ,48.3 -0 ,... .6' 14111233.2X ,, 4000 yam. mi....--- 14808 • n NT.,., n M 14811 14816 ',"' 9t 14727 ra \'377.3 14826 %r 110. r, 377.34 0 m 386 ae 4 14823 14832 es a ri in 14842 ' N r::\ Tr.i, IL�IS k t;;rcicrcncc pu se�•Y r„• . 01 httn://www.datafinder.org/wehsite/DF Wachinc tonCrnlnty/Parnelc/1V1� anFrame htm ARnOnn2 File No. (CEO 0/ APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North, PO Box 128, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web http://www.ci.scandia.mn.us Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission requirements may be found in the Scandia Development Code,available at the City office and website(www.ci.scandia.mn.us)and in the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable. 1. Property Location: (street address if applicable) iL c B C���iC_Ilt�1 ) A. SCLir Ata , 11 N S S ot3 2. Washington County Parcel ID: 25 _ 0 - 00 / 1,3 3. Complete Legal Description: (attach if necessary) C.S k e c 3 bo r }- gi ( ,I (2 � 2 7 {3 - /303 4. Owner(s): SCOk OW ,� \O C P hoe: 1 �v � 1 � (b -) 433 -130 Street Address: (cd fACf n� 7�V F A . E-Mail: City/State: fl u Zip: 5. Applicant/Contact Person: Phone: (h) sG 1Y (b) Street Address (Mailing): E-Mail: City/ State: Zip: 6. Requested Action(s): (check all that apply) Variance Minor Subdivision conditional Use Permit Arr)y,,1,Nu. Planned Unit Development Interim Use Permit Preliminary Plat/Major Subdivision Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) Final Plat Map Amendment(Zoning or Comprehensive Plan) Permit Extension 1/5/2007 $10.001 J " .11. Rd • ' ` A. ); • . . . olt -„,.. ., ,. kioilk. ... . N j)4\ . '. ' �� ;•' , \f 4 dipilibi .." \ ft' .. lillit -' --- ' , ... , ., vo 0 ,,- . . Ilk : i ,,..4: , -6 �y S / �/ i % 0. •, (0031) scP «. / �i ( ) � \ A'd 0013 ______---la.if:, .-: '' ' \ '4 .., .„. I - - 4 \ uokr. i A .• . _ lige ., i I / h e . (0015) r / r ill, . , ,x- . 11, . \ - o\h1 e a -it ,_ .....,.., a ,....1 ,, 4411 .,.. iliv, . ll x — Washington RECEIVED SECTION-TOWNSHIP-RANGE moot VICINITY MAP COUNTY BEDTION VICINITY THIS DRAWING IS THE RESULT OF A COMPILATION AND REPRODUCTION OF Col � LEGEND — ■©f LAND RECORDS AS THEY APPEAR IN VARIOUS WASHINGTON COUNTY OFFICES. -8 I * I WASHINGTON COUNTY IS NOT RESPONSIBLE FOR ANY INACCURACIES. S 1503220 1403220 1303220 PROPERTY IDBRIFICATION NUMBER FORMAT(GEOCODE) PUBLIC WORKS DEPARTMENT ONO PROTECTED WATERS _ ■� —NfW t E— ,owa.P � c PROPERTY LINES AS SHOWN ARE FOR REFERENCE PURPOSES AND MAY NOT AI 64 SURVEY AND LAND MANAGEMENT DIVISION DNR PROTECTED WETLAND __ "+l �Fit i awns MT REPRESENT ACTUAL LOCATIONS _ 1494962ndSfieelNOrlh,P.O.Box6 — • T�t)L 2008 NORTH1220322012303220124032201 I I ■t *"THISMAPOP — +— + -+ — rr rrr if OF FIRS MAP LAST UPDATED: July31,2007 1 DNR PROTECTED WATERCOURSE 2203220 2303220 2403220 gi SWhvater,Alaulesota SYM�-0006 MUNICIPAL BOUNDARY I��� _I- (o00t)•LAST fanamBOFProeeRr (651)4306875 PARK BOUNDARY .■1 SCALE: I inch=60 feet 2703220 2603220 2503220 —SIY11 -s1E— ° w1°N"� NO ADDITIONAL CHANGES HAVE BEEN REPORTED TO DATE surveyroQdDD.wasnirgton.mn.us CITY OF SCANDIAL _1 — L —I �- I I I DATE OF CONTOURS:ApriI,2000 DATE OF PHOTOGRAPHY: APFB,2005 p emw..co.washi gron.mn.us a 7. Brief Description of Request: (attach separate sheet if necessary) %t-I n c t rly,ill �r Iii bCck� . - F+ L✓ C k cL-- ho * ho - ñ aUpw, iz; 9cr> j ) ccc _ S . , cue -61i-/ %93/) ,- 7` , p1Z &64,6-e&L_ fie4X-.6-1-071X, .e/4/)•‘.f .t'ir. 0/w. ._ ,C -�'c . . .�'e �i-v�.�.(�u 1 i s t roj c ame: 040-- I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include, but are not limited to: publication and mailing of notices; review by the city's engineering, planning and other consultants; legal costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: /_ /O& Applicant Signature(s) Date: For City Use Only Application Fees: ) 0 0 . O�� PAID Parcel Search Fee: it / (1 3 -' JUL 1 0 2008 CITY OF SCANDIA Escrow Deposit: J L'' - L'�? 1/5/2007 Kid's Kid's Games MF,I S TER' S Games PARKING p4 Sand Volleyball - Brown -, Garage Band Shell i Os X 023 12 , 1 cd o � �� �� oe 0 ..4a_ I aco DazQ_ ,.., . 1 c,.3 „, t ,.„ .. w ;,. . o . rao c t0 7— co 023 Meister's Tents Bar and Grill o -0 Little House H w cD 0 0 Tents b O 0 Porta- Pots ;U' cRm (.i�(h �pN1 l:( f L �3`- b OakhillN ( 'I j C ( ,, 30 July 2008 To: Scandia Cit Council From: Jim and Aim Gribble Subject: Amendment of Conditional use Permit—Meisters Bar and Grill Council, I would like to offer three conditions to the proposed Volleyball Court proposal 1) The court and any additional development not include any additional lighting that violates county ordinance or illuminates the surrounding area in any way. Keep in mind the vast majority of the surrounding property is residential. 2) The court is to be closed from 9PM till 9AM. Again this is a residential area, kids are in bed, people are in for the night and the neighborhood ought to be quiet. The business can still provide patrons plenty of services inside the building where the noise is contained. 3) If the court brings additional patrons, the business needs to provide off-street parking. Having Oakhill road traffic blocked by cars parking on both sides of the street in front of the business is bad enough, but bar patrons walking through a residential neighborhood is not acceptable. The council needs to conceder how this project will impact not just the business but the entire neighborhood. Sincerely J Jim and Ann Gribble 14855 Oak Hill Road �/ Scandia MN / /t/ ,; , (mailing address) PO Box 33 Marine on St Croix MN 55047 Meeting Date: 8/5/08 Agenda Item: 5- a J P� Planning Commission/City Council � ) CC Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss the request of Jim & Nancy Hermes for an informal review of a proposed lot division and variance in Kirkhill Estates, 22577 Kirk Ave. N. Deadline/ Timeline: N/A Background: • Jim and Nancy Hermes own 4.3 acres in a single parcel that was platted at two individual lots in 1972. There is a home on the northerly parcel (Lot 6, 2.29 ac) and the southern parcel (Lot 7, 2.01 ac) is vacant. The two lots were combined in 1995. • The Hermes' have submitted a letter(attached) asking that the city allow them to "reclaim" lot 7 as a separate building site. They would like"reasonable assurance" that the city would approve their request before submitting formal applications. • Since the original subdivision, zoning regulations and comprehensive plan policies have changed. While the original two parcels would meet the minimum lot size and width of the current regulations, the 1 unit per 10 acres maximum density has been exceeded so no subdivision would be allowed without a variance. • Approval of a variance requires a finding of hardship that the property cannot be put to a reasonable use under the strict letter of the ordinance requirements (see attached excerpt of Development Code Chapter 1, Section 6.4 for complete Criteria for Granting Variances.) • If a variance would be approved, the division of the site into two parcels could be approved under the minor subdivision process. Application requirements include a survey, topography maps, wetland delineation and soil tests (see Development Code Chapter 3, Section 5.) Recommendation: The Planning Commission should review and discuss this request. You may wish to consider whether the proposed lot division would Page 1 of 2 07/24/08 meet the criteria for issuance of a variance. You may also wish to consider whether or not sufficient information is available to determine whether the proposed lot is buildable, due to the lack of soil tests and wetland delineation at this time. The Commission may wish to caution the Hermes that until all required information is submitted, and the required public hearing held, no final determination can be made on such a request. Attachments/ • Vicinity Map Materials provided: • Letter from Jim & Nancy Hermes to Dennis Seefeldt • Property tax statement, PID# 07.032.20.23.0010 • Excerpt of Scandia Development Code, Variance Criteria Contact(s): Jim & Nancy Hermes, 651 433-3577 Prepared by: Anne Hurlburt, City Administrator (hermes informal review) Page 2 of 2 07/24/08 10311 II 22'933 1, L �.ti• 10740 22900 1� 10455 �� 23009 1 \ v ■ 10115 0;2850 10 ,, I 10563 10830 1091 10077 1 S 22800 ,' 22880 I L'lo� it r ' ° a3 •i': 7�0 (r 5 ,,l 10921 22633 22570 22635 r 22600 -----\\I\ . 9939 - — 9959 22sn 22577 I G ( . usc0 1 377 22550 11 10200 10250 22389 I ..4.. 10203• 10 .' 350 \ k1q0 Thissrte 1s f .reference purposes only Ci,vies Na nc j He. cir,es `4 '23 7 5'7 7 Dennis Seefeldt 13809 Scandia Trail Scandia, MN 55073 Dennis, I am writing you about the conversation we had last fall about reclaiming Lot 7 Block 2 of Kirkhill Estates as a separate buildable lot. I would like to request a special hearing by the Scandia Planning Commission to reclaim Lot 7 Block 2 of Kirkhill Estates as a separate building site. A little history on how this all evolved over the years; lot 7 was originally approved a separate builbable by the Township of New Scandia and by Washington County, in 1972. After selling 8 of 18 lots from 1970 to 1975 Washington County put a 10-year halt on Building because of a change in county soil testing requirements. Then after 10 years the soil test requirements were rectified. Before we got permission to sell again, the minimum lot size requirements were increased and we lost the right to sell a number of lots including lots 6 and 7 as the county and township had originally approved. Consequently our best lots had to be sold as 60% of 5 acres, thus having to use two lots to make one site. We built our home in 1985 (where we still live today) on lot 6 with the hopes of some day selling lot 7. Lot 7 has underground electric ready to be built on today. Lot 7 is also one of the highest buildable lots in the development & larger that almost all lots in our development & the new development to the south. In 1995 I combined lots 6 & 7 to cut down on the taxes I was paying. Last fall City Administrator Anne Hurlburt listened to my request and said to consider separating the lots I needed to get wetland delineation and soil test done first. These test will cost us approximately $1,500 to $2,000 &we will do all you ask but want to have a reasonable assurance that we can reclaim this as a separate buildable lot. I would like to hear what you would recommend. In Conclusion I would like to request that the original plat be restored. See the list I have attached of the dates and list of sales. Thank you for your time and consideration on this matter. Thank You )im &Nancy Hermes In November of 1972 the official plat was approved by the Township &Washington Coun_ty as surveyed by Don C Hult, Registered Land Surveyor. Land was purchased in 1969 as a 50-acre parcel from Edgar& Luella Johnson. The first 4 lots were built before the property was officially platted. At this time New Scandia Township & Washington County approved this process. Approving the Plat were Vernon Jellum Chairman Lowell L Isaacson Russell Jackson Chairman Mark Rossi Idor Pederson Chairman, County Board Don E Pepper Washington County Surveyor T.R. Greeder Washington County Auditor James Simonet Register of Deeds, Washington County Jim&Nancy Hermes Time Line of Kirkhill Estates Dates &List of Sales ls`lot 2.4 acres sold&home built in 1970 10311 230`h Street North 2nd lot 2.18 acres sold &home built in 1971 10421 230t1 Street North 3rd lot 2.5 acres sold&home built in 1971 22933 Kirk Ave North 4th lot 2.00 acres sold&home built in 1972 22900 Kirk Ave North 5th lot 2.41 acres sold &home built in 1972 22850 Kirk Ave North 6th lot 1.90 acres sold &home built in 1972 22875 Kirk Ave North 7th lot 2.70 acres sold &home built in 1973 22839 Kirk Ave North 8d'lot 3.60 acres sold &home built in 1975 22600 Kirk Ave North County held up next sales for a ten full year because soils did not meet new County soil test regulations. Some time in 1984 they were changed so they now meet new County requirements. 9`''lot 3.10 acres sold &home built in 1985 22633 Kirk Ave North 10"'lot 6 & 7 4.30 acres sold & home built in 1985 22577 Kirk Ave North Jim&Nancy Hermes' home 11 th lot 2.4 acres sold & home built in 1985 22740 Kirk Ave North 12d'lot 3.70 acres sold &home built in 1990 22800 Kirk Ave North Lot 7 the one we want to reclaim has more square footage then most of our original platted lots& more that the new development to the south developed by Greg Radefeldt. N 4 i ' ,. r,a\ `` f Pam~ �,1` °b r I w `..- J i 7+Itr-*% N u b\-'..'/� \ °I • y =r {tln_* y` ...a tv 5�.. --N., 'c N \ Oo friLF L I yP n/.89'S7'¢5"E-..- - ` 37U.3Z '` —k I z O \ r� . k ` f s ?r . O �- a. 0 N 87'38 ;.- 1 _ N y �'' / 368. 95" I Z �'0 -; \ \ i is' "—J - � J e N89'57'¢5'' E-- G R--� 2 , - 1- - - 37e.. 37 N 89',/'t6-E-.- ' In tr N -° 368 GG I 0 I - 1 �. ,. w = .J N ,te r*. I "`J o I 0774/TY F4 A1FNr t r 1 E-k/.(�s 2//r SEc. 7_7 6b •�• S89 S7"5t-rti 370 4% Q '� 3 5 9 / I W 225th STREET N. { �' �__ — 436-fr/ -..-_S 99•�7.£" tJ --- �s -- _ ` Washington County Tax Statement Page 1 of 2 2007 Tax Statement Back of Tax Statement Washington Department of TAXPAYER COPY Property Records and SAVE THIS COPY FOR FUTURE REFERENCE L,boy Taxpayer Services STATEMENT OF PROPERTY 14949 62nd Street North PO Box 200 TAXES PAYABLE IN 2008 Stillwater, MN 55082-0200 (651)430-6175 www.co.washington.mn.us PROPERTY ID: R 07.032.20.23.0010 TAX DESCRIPTION: KIRKHILL EST LOT-006 BLOCK- 002 LOT 6&7 BLOCK TAXPAYER: 32319 Bill#74434 PAYABLE 2007 PAYABLE 2008 JAMES H& NANCY C HERMES Your Property Tax Values and Classification 22577 KIRK AVE N Improvements SCANDIA MN 55073 Excluded: New Improvements/ Expired Exclusions: Estimate Market Value: 345,500 336,200 Taxable Market Value: 345,500 336,200 Property Class: RES HSTD RES HSTD 1. Use this amount on Form M-1 PR to see if you're eligible for a property tax $2,745.00 refund. File by August, 15. If this box is checked,you owe delinquent taxes and are not eligible. 2. Use this amount for the special property tax refund on schedule 1 of Form M- $2,721.00 1 PR. Your Property Tax And How It Is Reduced By The State 3. Your property tax before reduction by state-paid aids and credits $6,309.97 $6,238.85 4. Aid paid by the state of Minnesota to reduce your property tax $3,527.52 $3,424.03 5. Credits paid by the state of Minnesota A. Homestead and Agricultural Credits $61.45 $69.82 tax to reduce your property B.Other Credits 6. Your property tax after reduction by state-paid aids and credits $2,721.00 $2,745.00 Property Tax by Jurisdiction 7. Washington County A.County $862.75 $845.31 B.COUNTY RRA $2.75 $2.51 8. City or Town: SCANDIA $806.61 $818.56 9. State General Tax 10. School District:0831 A.Voter Approved Levies $704.69 $637.99 B. Other Local Levies $226.27 $318.36 11. Special Taxing Districts A. Metropolitan Special Taxing Districts $44.19 $41.95 B. Other Special Taxing Districts $73.74 $80.32 C.Tax Increment D. Fiscal Disparity 12. Non-School voter approved referenda levies 13. Total property tax before special assessments $2,721.00 $2,745.00 Special Assessments on Your Property 14. Special Assessments $3.00 $3.00 http://www2.co.washington.mn.us/opip/newtax.asp?pid=0703220230010 7/11/2008 Washington County Tax Statement Page 2 of 2 Principal: $3.00 co envirmnt:$3.00 15. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS $2,724.00 $2,748.00 You may be eligible for one or even two refunds to reduce your FIRST HALF DUE MAY 15 $1,374.00 property tax.Read the back of this statement to find out how to SECOND HALF DUE OCTOBER 15 $1,374.00 apply. http://www2.co.washington.mn.us/opip/newtax.asp?pid=0703220230010 7/11/2008 Excerpt of Scandia Development Code, Chapter 1 6.4. Criteria for Granting Variances (1) No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. (2) An application for a variance shall be filed with the Zoning Administrator;the application shall be accompanied by development plans showing such information as the Zoning Administrator may require for purposes of this Development Code. If the application does not contain all required information,the Zoning Administrator shall send notice within ten(10)business days of receipt of the request,telling the applicant what information is missing. (3) Variances shall only be permitted when they are in harmony with the general purpose and intent of the Official Controls in cases when there are practical difficulties or particular hardships in the way of carrying out the strict letter of any official control and when the terms of the variance are consistent with the Comprehensive Plan. (4) "Hardship" as used in connection with the granting of a variance means: (A)The property in question cannot be put to a reasonable use if used under conditions allowed by the Official Controls; and (B)The plight of the landowner is due to circumstances unique to the property,not created by the landowner; and (C)The variance, if granted,will not alter the essential character of the locality. (D) Economic conditions alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the Development Code. (E)The Board may consider the inability to use solar energy systems a "hardship" in the granting of the variance. (5) Variances shall be granted for earth sheltered construction as defined in Minnesota Statute 216C.06, Subd. 2 when in harmony with the Official Controls. (6) Where, in the opinion of the Town Board, a variance may result in a material adverse effect on the environment,the applicant may be requested by the Board to demonstrate the nature and extent of that effect. (7) The Township may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties and the public interest. (8) The Town Board may revoke a variance if any of the conditions established as part of granting the variance are violated. (9) No application for the same variance as ruled upon by the Town Board shall be resubmitted for a period of twelve(12) months from the date of denial of the previous application unless there has been a substantial change in circumstances as it relates to the request.