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5.g) Correction to Legal Description-18819 Layton Avenue North (Variance and Conditional Use Permit (CUP) Meeting Date: 08/21/12 Agenda Item: � i � �� 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