5.g) Correction to Legal Description-18819 Layton Avenue North (Variance and Conditional Use Permit (CUP) Meeting Date: 08/21/12
Agenda Item: � i
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City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Adopt a new resolution Approving a Variance and Conditional Use
Permit (CUP) for 18819 Layton Avenue North, correcting an error in
the legal description of the property that was contained in Resolution
No. 08-21-12-02.
Deadline/Timeline: N/A
Background: • The Council approved the variance and CUP at its August 21
meeting. When the resolution was sent to Washington County for
recording, an error in the legal description was discovered and it
was returned to the City. This must be corrected so that the
resolution may be recorded.
• The legal description staff used for the public hearing notice was
correct. However, there was an error in the survey which the City
Planner used to prepare the resolution resulting in the error.
Recommendations: I recommend that the Council adopt the new resolution approving the
Variance and Conditional Use Permit with the correct legal
description, repealing the previous resolution.
Attachments/ • Draft Resolution No. 09-18-12-04
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(varhalla correct legal description)
Page 1 of 1
09/11/12
CITY OF SCANDIA, MINNESOTA
RE50LUTION NO. 09-18-12-04
APPROVING VARIANCE AND CONDITIONAL USE PERI�IIT
FOR 18819 LAYTON AVENUE NORTH
WHEREAS, Carol A. Varhalla has made an application to build a new garage to
replace an existing garage that is in poor condition on an existing parcel at 18819 Layton Avenue
North, and requested a variance from the zoning and subdivision standards for the garage size
and lot coverage and a Conditional Use Permit to allow a two-story garage structure; and
WHEREAS, the property is legally described as follows:
Lot Seven (7), Block (1), Holiday Beach, according to the plat thereof on file and of
record in the Office of the Registrar of Titles in and for Washington County, Minnesota.
Together with Lot Eleven (11), Block Three(3), Bliss Plat, Second Division, according
to the plat thereof on file and of record in the Office of the Washington County Registrar
of Deed. The said Lot Eleven (11), Block Three (3), is conveyed with perpetual and
irrevocable easement for access to Big Marine Lake over Lots Sixteen (16) and
Seventeen (17), Block One (1), Holiday Beach, according to the plat of said Holiday
Beach on file and of record in the Office of the Washington County Registrar of Titles;
and
WHEREAS, the Planning Commission reviewed the request at a duly noticed Public
Hearing on August 7, 2012, and has recommended approval; 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 variance and conditional use permit to allow construction of a two-
story garage up to 1200 square feet in size, and lot coverage up to 32% of lots 7 and 11,
combined, based on the following findings:
1. Granting the requested variance is in harmony with the Comprehensive Plan goals and
policies for the General Rural District.
Resolution No.: 09-18-]2-04
Page 2 of 3
2. The proposed single-family residential use and lot sizes are consistent with the
Comprehensive Plan and policies for the General Rural District.
3. The small size of the existing parcels was not created by the landowner; and the location
of the home on the adjacent property, which necessitates a longer driveway to avoid
blocking views from the home, was not created by the landowner.
4. The proposed lot size and use are consistent with the essential character of the
surrounding General Rural District and Shoreland Overlay District.
5. The request is related to the small size of the existing lot and location of the home on the
adjacent lot, not economic conditions.
6. The proposed variance will not impair an adequate supply of light and air to adjacent
properties, substantially increase the congestion of public streets, increase the danger of
fire or endanger public safety or substantially diminish or impair property values in the
neighborhood.
7. The requested variance is the minimum needed to eliminate the practical difficulties and
provide access to the parcels.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The development on the property shall be in substantial compliance with the site plan
submitted to the City on July 6, 2012. The variance and CUP allow construction of a
two-story garage up to 1200 square feet in size (780 square feet on the first floor, and 420
square feet on the second floor), and lot coverage up to 32% of lots 7 and 11 combined.
2. Based on the variance granted to exceed the structure size standard, the owner waives the
right to construct an additional 120 square-foot accessory structure permitted by the code
on the property.
3. The applicant shall obtain a Building Permit from the City prior to construction of the
garage. The grading and erosion control plan required for the building permit shall
include the following practices:
a. The applicant shall maintain existing trees on the site and protect the trees during
construction.
b. The stormwater nznoff from the garage and driveway shall be directed to pervious
and vegetated areas on the parcel west of Layton Avenue. All new stormwater
runoff shall be infiltrated within the site.
4. The applicant shall obtain the required Watershed District permit for storm water
management and erosion control.
Resolution No.: 09-18-12-04
Page 3 of 3
5. The Applicant shall pay all fees and escrows.
AND FURTHER, BE IT RESOLVED,that Resolution No. 08-21-12-02, adopted August
21, 2012, which contained an incorrect legal description of the subject property, is hereby
repealed.
Adopted by the Scandia City Council this I Sth day of September, 2012.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk