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PC Meeting Packet 10 03 2006NEW SCANDIA PLANNING COMMISSION AGENDA OCTOBER 3, 2006 7:30 P.M. 1. Call to order by Chairman Chris Ness 2. Public Hearings-- NONE 3. New Business a) Reschedule the Tuesday, November 7 meeting 4. Old Business a) Kevin Lynch, Variance for Two -Story Accessory Structure at 21630 Oland Avenue (postponed from 9/5/2006 meeting) b) Review of Conditional Use Permits 1) Meister's, 14808 Oakhill Road 2) Scandia Pizzaria, Hawkinson Business Park 3) Keith's Landscaping, 15169 Scandia Trail 4) Am -Tech Design, Hawkinson Business Park 5. Additions to the Agenda 6. Adj ournment Meeting Date: Agenda Item: Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209a' St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 10/3/2006 C> PC- c� aacL-c. Action Requested: Select a date to reschedule the Tuesday, November 7 2006 meeting which falls on the date of the general election Deadline/ Timeline: N/A Background: • By law, the meeting cannot occur on an election day unless it begins after the polls close (8:00 p.m.) • The Park and Recreation Committee meets on Monday, November 6. Recommendation: I recommend that the meeting be rescheduled to Wednesday, November 8 or Thursday, November 9. Due to our responsibilities for administering the election, and the use of the Town Hall as a polling place, it would not be desirable to schedule the meeting to begin after the polls close on the 7tn Attachments/ N/A Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (Board/reports/10032006/meeting date) Page 1 of 1 09/26/06 Meeting Date: 10/3/2006 Agenda Item: > 1P(_r b) _36ar-dk Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209' St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider variance application of Kevin Lynch for two-story accessory structure at 21630 Oland Avenue. Deadline/ Timeline: This application was tabled at the September 5, 2006 Planning Commission meeting, at which time Mr. Lynch waived the 60-day review. Background: • The Planning Commission requested that a survey showing the slope and Ordinary High Water Mark, and asked that the applicant contact the Washington County Soil & Water Conservation District. • A survey was submitted and reviewed by the Township Planner (memo attached.) The location meets the required setback from Goose Lake. Slopes are less than 25%. • The applicant contacted the conservation district and verbally reported that they have no particular concern, except that steps should be taken to prevent erosion given that construction will not occur until it is too late in the season to establish vegetation on the site. Recommendation: The planner recommended approval of the variance, with conditions listed in the 8/3/06 report. Attachments/ • Survey/ aerial photo received 9/11/06 Materials provided: . Memo from TKDA dated 9/25/06 • Excerpt of 9/5/06 Planning Commission minutes • Memo from TKDA dated 8/30/06 • Plans Contact(s): Kevin Lynch, 651 433-8440 or 651 210- 7458 Prepared by: Anne Hurlburt, Administrator (10032006_lynchvariance) Page 1 of 1 09/26/06 1 i CO 1 � A• �_ � �_ e ;�a � � `� EIS•+•. Ilk /� Ir• i. ®r, � 1 r�_ yam' ��1 i �'• . �r. �, i r +'�` f Aft ��'V - � , s/� s � ,r a �` _ - >< r• �: COUNTY B CONTOUR LEGEND SECTION -TOWNSHIP -RANGE INDEX VICINITY MAP SECTION VICINITY MAP THIS DRAWING IS THE RESULT OF A COMPILATION AND REPRODUCTION OF 1111L� LEGEND _ �1 + LAND RECORDS AS THEY APPEAR IN VARIOUS WASHINGTON COUNTY OFFICES. �' �� — 10 FOOT INTERVAL CONTOUR 1 � T- - WASHINGTON COUNTY IS NOT RESPONSIBLE FOR ANY INACCURACIES. DE PARTMENTOFTRANSPO TATION / 1 003220110322012032ZO PROPERTY IDENTIFICATION NUMBER FORMAT)GEOCODE) tPJ— + FnOPERF llr'ES .SS �'4_ :.4fit DNR PROTECTED WATERS 2 FOOT INTERVAL CONTOUR 1 n L MINF I i }f E W,`Bm rowxswr NEe M-WER PWOMAFCEL & SURVEYAND LAND MANAGEENT DIVISION ........... DNR PROTECTED WETLANDS DEPRESSION — xuua� x ueee xuua=_" a mEB PMwI OEFHESEAt? U2! L(: lit e15 DNR PROTECTED WATERCOURSE NORTH - 13032201 LOCATION OF 14949 62nd Street North, P.C. Bor 6 —— 1503220 1 dG?%�` THIS MAP n a rt g l q q I n .... ptlp MUNICIPAL BOUNDARY DASHED CONTOURS INDICATE QUESTIONABLE MAP LAST UPDATED: June 30, 2006 (651)430, 68 5esola 55082-0006 ACCURACY DUE TO GROUND VEGETATION (OOOt) •usrrc�a E�crts EranovEnn (651J A30-6B75 S E f Y 1 2006 PARK BOUNDARY 10EN0iK''r�1 N0A13`'" NO ADDITIONAL CHANGES HAVE BEEN REPORTED IODATE surveyor&o.washington.mmus SPOT ELEVATION SCALE: 1 inch = 60 feet 2232�23103220I 4 32�I www.co.washingfon.mn.us L —1 _ L J I DATEOFCONTOURS: April,2000 DATE OF PHOTOGRAPHY., April,,2005 $ NEW SCANDIA TOWNSHIP TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Anne Hurlburt RECEIVED SEP 2 6 2006 NEW SCANDIA TOWNSHIP Township Administrator Copies To: Richard E. Thompson, AICP. From: Berry Farrington Date: September 25, 2006 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com Reference: Lynch Variance Request: Proj. No.: Routing: Distance from OHWL, Land Clearing New Scandia Township, Minnesota 13582.012 The proposed accessory building on the Lynch property, 21630 Oland Avenue, is set back approximately 330 feet from the Ordinary High Water Level (OHWL) of Goose Lake. The OHWL is 983.9 feet. Goose Lake is a Natural Environment Lake and the minimum setback required for an unsewered lot is 200 feet. The proposed garage complies with the OHWL setback requirement. The slope of the site for the proposed garage is approximately 21 %. The New Scandia Zoning Ordinance, Chapter 2 Section 9.7, Land Clearing, states that clearing of trees on slopes greater than 25% is not allowed. The clearing for the proposed garage would occur on a slope less than 25%. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Kevin Lvnch — Variance q - S— U 60 Kevin Lynch, 21630 Oland Ave. N., presented his variance request to build an accessory structure with a lower -level walkout. Legal: Hawkinson Highland, Block 1, Lot 6. PID: 14-032- 20-23-0012. The letter from the town planner was read. Tom Vogen, 21621 Oldfield asked why a variance was needed. Dana Vogen said their house is directly across Goose Lake and asked if it would be screened from the lakeside. She is also commenting as a representative of the Goose Lake Homeowners Association. Mrs. Vogen verified that no shoreline variance was required She asked how far the structure would be from the OHM, if there would be additional impervious surface created and that no grading or tree removal be done to cause runoff to the lake. The Planning Commission discussed the grade of the slope, as the Planner did not address it. It seems it could exceed the 25% maximum allowed. It was agreed the proposed location was the most unobtrusive place on the property. Donnette Yehle made a motion to table the request until a survey showing the slope and Ordinary Highwater Mark (OHM) can be submitted, that a 60-day waiver is signed by the applicant, and the applicant contact the Washington County Soil & Water Conservation District. Kevin Nickelson seconded the motion and the motion passed. TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 1500 Piper Jaflray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0083 Fax www.tkda.com To: Planning Commission and Reference: Lynch Variance Request Town Board Members New Scandia Township, Minnesota New Scandia Township, Minnesota Copies To: Brenda Eklund, Deputy Clerk Kevin Lynch Proj. No.: 13582.012 From: Richard E. Thompson. AICP Routing: Berry Farrington Date: August 30, 2006 SUBJECT: Lynch Variance Request MEETING DATE: September 5, 2006 LOCATION: 21630 Oland Avenue New Scandia, Minnesota APPLICANT: Kevin Lynch ZONING: Agricultural District (AG), Shoreland District ITEMS REVIEWED: Attachment 1. Application Form/ Written Statement dated August 18, 2006 Attachment 2. Proposed Garage Plans Attachment 3. Site Plan Attachment 4. Aerial Photo Attachment 5. Site Photos BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests a variance to allow a walk -out accessory building, located at 21630 Oland Avenue on the southeast shore of Goose Lake. The subject property is 4.05 acres and zoned Agricultural, Shoreland District. The accessory structure, as proposed, would consist of a lower level used to store seasonal equipment and would not be regularly accessed with vehicles, a main level that would be a garage for vehicles, and an upper level for additional storage. The lower level and main level would be 900 square feet each, and the upper level would be 550 square feet. At Washington County's request, the planned upper level's ceiling height will be reduced to less than 7 feet, thereby making the upper level unusable space per the Building Code. With the reduction in ceiling height, the upper level would not be considered a third story. The Ordinance states that accessory structures must be one story, and so a variance is required for a two- story accessory structure. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Lynch Variance Page 2 August 30, 2006 New Scandia Township, Minnesota BACKGROUND: The New Scandia Township Development Code allows the issuance of a variance if there is a case for hardship. The Ordinance requires that a variance meet all of the following tests: the property cannot be put to reasonable use under the conditions in the Ordinance. The hardship is not caused by the landowner, but is due to circumstances unique to the property. The variance would not alter the essential character of the area. Because the proposed accessory structure location is on a slope, the Applicant requests the variance so that rather than hauling in fill, the foundation work needed could also be used for additional storage space. See Attachments 1 and 2, Application/Written Statement and Proposed Garage Plans. EVALUATION OF THE REQUEST: Setbacks The proposed accessory structure would be located to the south of the house, even to the house in relationship to the road. The structure would be 50 feet away from the house, 72 feet from the east lot line, and 185 from the lake shore. See Attachment 3, Site Plan. In this location, the proposed accessory structure conforms to all setback requirements and is not between the house and the road. Impervious Surface With the addition of the accessory structure that has a 900 square foot building footprint, the total amount of impervious surface on the site is estimated at 12,150 square feet, or approximately 7% of the lot. (The planner estimates that the house is approximately 3,750 square feet, the driveway approximately 4,000 square feet, and the lake access driveway as 3,500 square feet). The request meets the Ordinance's impervious surface maximum of 25% of the site. Building Height The New Scandia Zoning Ordinance allows a maximum building height of 35 feet. Building height is measured from either the highest adjoining ground level, or ten feet above the lowest adjoining ground level, whichever is lowest. From this point, it is measured up to the average height of the highest gable. In this case, the lowest point is from the highest adjoining ground level. Therefore, the building height of the proposed building includes the main floor and the upper floor. The planner estimates this height as aqpproximately 25 feet less than the maximum allowable height. Accessory Building Size For parcels between 3 and 5 acres, the maximum accessory building square footage is 2,000 feet. The subject property is 4.05 acres according to the Washington County Assessors' Office. The building footprint of the proposed structure is 900 square feet. In accordance with past practice, the maximum area applies to the footprint area, not the sum of all floor areas. From an aerial photo, it appears that a portion of the parcel is under the surface of Goose Lake. However, even if the usable parcel was under 3 acres, the maximum accessory building size would be 1,000 square feet. The proposed accessory structure meets the Ordinance's building, size standard. Lynch Variance Page 3 August 30, 2006 New Scandia Township, Minnesota Landscaping and Screening The proposed location is within a stand of mature coniferous and deciduous trees. The structure will likely not be visible from the road, and the building would be screened from neighboring properties by the existing trees. See Attachment 5, Site Photos. Drainage and Erosion Control The Washington Conservation District should evaluate the site. Recommendations for minimizing erosion and surface water runoff should be followed by the Applicant. Hardship The Applicant states that the reason for the request is to make use of the space that would be created through the construction of the foundation. Because the proposed location is on a slope facing the lake, according to the Applicant either fill would need to be brought in to create a level foundation, or the foundation must be built up to the level of the top of the slope. Rather than constructing a sealed, 8-foot high foundation on the west side of the accessory structure, the Applicant seeks to construct the lower level as a walk out. The presence of the walkout would not affect the structure's height. The proposed location is sited to meet the Ordinance requirements for accessory structures. The site is even with the house in relationship to the road, and it is outside of all setbacks. The only area more level than the proposed location is between the house and the road. A more level location, because it is between the house and the road, would require a variance. The unique nature of the property - in this case, the slope - causes the most reasonable type of accessory structure to be a walk -out. An accessory structure is considered a reasonable adjunct use of a single family residential lot. While, the Applicant could construct a single story accessory structure in this location without a variance, the structure would have an exposed 9-foot foundation on the west side of the structure. It would seem to make sense to allow a walk -out with limitations so that the Applicant could utilize the foundation area. The planner finds that the property can be put to reasonable use without a variance, since the accessory structure could be built with a closed foundation. However, the proposed walkout is an evident design solution for the steep slope, a feature unique to the land and not created by the property owner. A variance would be required to locate the structure in a more level location (between the house and the road). The accessory structure with the walkout would not alter the essential character of the area, since a very similar building, though less functional building, may be constructed without a variance. Definition of a Story Another line of reasoning relates to the definition of a story. The Scandia Township Ordinance clearly states (Chapter Two, Section 1.9.2) that "...All accessory structures shall be limited to one story in height." However, the definition of a Story (257) states: "If the finished floor level directly above a useable or unused under -floor space is more than 6 feet above the grade as defined in the Building Code for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in the Building Code at any point, such usable or unused under -floor space shall be considered a story." Lynch Variance Page 4 August 30, 2006 New Scandia Township, Minnesota In the existing instance, it seems the second part of this definition would apply. If the lower level or walk -out level has more than 12 feet of separation between the floor and the grade at any point, then that shall be considered a story. In the existing proposal, there is 8 feet, 4 inches of separation between the floor of the walk out and the main level. Therefore, not being more than 12 feet, the lower level would not be considered a story. If this interpretation is accepted, then there may be no need for a variance. Discussions with Washington County Zoning officials indicate that Washington County, which uses the same definition and requirements as the Township, would not consider the walk -out area as a story. ACTION REQUESTED: The Planning Commission can recommend: Approval 2. Approval with Conditions 3. Denial with Findings 4. Table the Request PLANNING STAFF RECOMMENDATIONS: The planner makes the following findings of fact. 1. The proposed location meets all setback requirements, and is not located between the house and the road. However, this location is on a slope. 2. That while an accessory building could be built in the proposed location without an accessible lower level, the evident design solution to the slope is a walk -out. 3. The slope is caused by features unique to the land, not created by the landowner. 4. A variance would be required in order to locate the structure in a more level location because it would be between the house and the road. 5. That the accessory structure with the walk -out would not alter the essential character of the area. 6. That because the height of the lower level is less than 12 feet, the proposed lower level may not constitute a story. Therefore the planner recommends approval of the variance to allow an accessory structure with a walk -out. with the following conditions: That the upper level is reduced in height per the County's request so that the upper level is considered unusable. 2. That the applicant consult with the Washington Conservation District and recommendations from the District are implemented. 3. That no indoor plumbing is installed in the accessory structure. 4. That the Applicant pays all fees including those for the Attorney, Engineer, and Planning services. Moved by Seconded by �41 K�, a .f A •. , 4M pip I , r qp . L tO f h� •ti S1 � ~ ti �Nk 90 O Aerial photography 2003 Lynch Variance Map Date: 08/28/06 200 100 0 200 Feet TKDA ��••� New Scandia Township 14727 2091h St. N. P.O. Box 128 Scandia, Mn 55073 We are requesting a variance for the property of Kevin Lynch at 21630 Oland Ave. N. in the New Scandia Township. We purpose to build a 30' x 30' Garage (non- attached). The location of the purposed garage has some large elevation changes, which require a great amount of foundation work to maintain the main floor at the grade of the entrance. We are asking that rather than wasting this space and having to bring in fill, we make this space functional for seasonal storage etc. The lay of the land and the set back rules limit the areas we can put this garage. The purposed garage site seems to be the most sensible spot for it, even though the grade is so steep. By rough measurements the grade drops 9' from the front of the garage to the rear. Thank you for your time and this consideration. Paul Ellefson Willow River Construction Kevin Lynch 21630 Oland Ave. Scandia Phone #'s Paul 651-592-6662 or 651-755-5129 Kevin 651-433-8440 or 651-210-7458 I N1, Nt Weras lYR xrY1H lYBl6 �M ML CIAIDI YSIM FM WILLOW RSM mmm= I IOTIIL FEW...mm r ma oo.m r a® �o� � �� M M! rr ■1r wwYs a cas�a r�ian m Is noo sr, r or ew 1u" au a® a ae 1% 1471M =TAT _ I 4CWAT>01t w ww"000w Im I= PM4 WI omw rz awnM wo mom a .0 oc f710040^,Ml . ¢rr 4 �O r r r r r a �cr r cr yr ur Ir za M - ■ I h R h TIIlII2rrpiY 9Y/Sll�lliNl � E F f1 y� � 96 O . F@. p■ _ Liiiyy lO I O 1 I r ML fA •Af NYwR )ma7 ML /�f1 cm.E xxmu rm %F& W lffvn ®1[► =m Imuia asra m I.m� ru aroeor, am •r*v....�o.aa a mi..nn vm a. 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Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Review Conditional Use Permits (CUPs) for: 1) Meister's, 14808 Oakhill Road 2) Scandia Pizzeria, Hawkinson Business Park 3) Keith's Landscaping, 15169 Scandia Trail 4) Am -Tech Design, Hawkinson Business Park 10/3/2006 4 �6) kc yC) &V4 Deadline/ Timeline: N/A Background: • Chairman Chris Ness requested that these four CUPs be reviewed at the October 3 meeting. • It has been the practice of the Planning Commission to periodically review the status of CUPs approved by the Township to determine whether they are in compliance with the conditions of approval. Recommendation: I recommend that the Commission review the status of these four CUPs, and make recommendations to whether any actions are necessary on the part of the Township. If any conditions are not being met, I would suggest that the owner be given a reasonable time period to bring their property into compliance. If that is not successful, the remedy would be to commence an action to revoke the permit, in accordance with the procedures in Chapter 1, Section 7.8 of the Development Code. I also recommend that the Commission review the updated list of current CUPs and discuss what the process and timeline should be for their review in the future. Attachments/ • Status report on CUPs for Meister's, Scandia Pizzeria, Keith's Materials provided: Landscaping and Am -Tech Design • Conditional Use Permit List Page 1 of 2 09/28/06 Excerpt of Development Code-- Chapter 1, Section 7.8, Conditional Uses Contact(s): Prepared by: Anne Hurlburt, Administrator (t1planning commission/reports/2006/CUPs october3 agenda) Page 2 of 2 09/28/06 CUP RENEWALS — BI-ANNUAL REVIEWS Date: Business Name: Meister's Owner Name: Jared Brunfelt Address: 14808 Oakhill Road Tel: 651-433-523 Business Type: Bar & Restaurant Issue Date: December 4, 2001 Exp. Date: Last Visit Date: Original Conditions: December 4, 2001 - Julie Ruddy and JaJd Brunfelt, 20960 Meadowbrook Ave. N., requested a Conditional Use Permit to own and operate Meister's Bar & Grill located at 14808 Oakhill Road. Legal: Tract A, Registered Land Survey Number 9. GEO: 23-032-20-12- 0013. There were no public comments. A letter from a Washington County Public Health Inspector outlines improvements that need to be made to be in compliance. Ms. Ruddy and Mr. Brunfelt are both certified food managers. Parking was deemed more than sufficient for capacity of 120. Peter Schwarz made a motion to recommend to the Town Board that they approve the CUP for Julie Ruddy and Jarad Brunfelt to operate Meister's Bar & Grill on the grounds it is an existing business. Conditions are they meet all county inspector requirements by date specified, provide proof of license, workers compensation insurance and designate a full-time certified food manager. Findings are the business has been there since the late 1950's. Chris Ness seconded the motion and the motion carried. Planning Commission Recommendations: Violations: Action Taken: Remedy Deadline: Complaints: CUP RENEWALS — BI-ANNUAL REVIEWS Date: Business Name: Scandia Pizzeria Owner Name: Sharon Olson Address: Hawkinson Business Park Tel: 651-433-2869 Business Type: Restaurant & takeout pizza Issue Date: November 1990 _ Exp. Date: November 2006 Last Visit Date: October 2002 Original Conditions: November 5, 2002 - James Malmquist made a motion to recommend to the Town Board that they continue the CUP for Scandia Pizzeria, as the restaurant is an asset to the community. Donnette Yehle seconded the motion and the motion carried. November 7, 2000 - CUP of November 13, 1990 stipulated no conditions. New owners as of February 2000. Business is clean and attractive. In addition to owners, six part-time employees are working various shifts. Lease expires 2003. No Planning Commission recommendations. December 3, 1991— Planning Commission recommends to the Town Board to renew the Conditional Use Permit for Pizzeria in Hawkinson Business Park for 5 years. Nordin made a motion to accept. Thompson seconded and adopted. November 13, 1990 — Planning Commission recommends to the Town Board to grant a Conditional Use Permit to applicant, Thomas Schweitzer, 13450 188t' Street, and owner, Scandia Four, to operate a pizzeria and the permit be renewable in one year. Pratt made a motion to accept. Nordin seconded the motion and the motion carrried. Planning Commission Recommendations: Violations: Action Taken: Remedy Deadline: Complaints: CUP RENEWALS — BI-ANNUAL REVIEWS Date: Business Name: Keith's Landscaping Owner Name: Keith Greenwaldt Address: P.O. Box 451, Hugo 55038 15169 Scandia Trail) Tel: 651-433-3352 Business Type: Landscaping & Excavating Issue Date: Jan. 5, 1999 Exp. Date: January 2000 Last Visit Date: Jan. 1999 Original Conditions: Jan. 5, 1999 - Keith Greenwaldt, P.O. Box 451, Hugo, MN 55038, and Owners Ellen & Barry Farver, 15169 Scandia Trail, requested a Conditional Use Permit (CUP) to operate Keith's Landscaping and Excavating in the Hawkinson Business Park on Ozark Ave. Legal: Lot 3, Block 2, Hawkinson Business Park. GEO: 14-032-20-44-0005. The letter from Marc Weigle, Town Planner and a memo from Tom Peterson, Town Engineer were read into the record. Chair Mary Lanz opened the floor to public comment. Mike Peterson, 21090 Ozark Ct N, one of the original developers for Hawkinson Business Park, stated all buildings in the park are required to have an overhang and soffits, that bathroom and septic will be needed with two to three employees and the outside of the building is a concern. Nancy Peterson, Architectural Committee member stated three members of the committee reviewed the plans and there needs to be some revision such as windows, 18" overhang, soffits, and the color to be earth -tone. There needs to be a professional landscaping plan as required by other buildings in the business park. Nancy Madden made a motion to table the CUP request of Keith Greenwaldt until he has a landscaping plan, lighting plan, and a new site plan. February 2, 1999 Mr. Keith Greenwaldt presented a revised site plan including landscaping and lighting. Color of building was confirmed as grey with white trim. A four -foot berm with trees is planned to screen storage material and mature trees already border on south side of proposed storage area. The site has been perced for septic. Nancy Madden made a motion to recommend to the Town Board that they approve the Conditional Use Permit request of Keith Greenwaldt for Keith's Landscaping and Excavation on the grounds it is a suitable use of the property. Conditions are: 1) The storage area is screened with landscaping materials, berms and fencing in compliance with the Ordinance and with Architecture Committee approval; 2) The stockpile materials do not exceed ten (10) feet in height; 3) Only "clean" materials shall be stored on site, such as sand, rock, and gravel. Construction debris and other materials not used in landscaping shall not be stored on site; 4) A minimum of three paved parking spaces are provided as shown on the revised site plan; 5) The roof and building siding be neutral or earth tone in color as required by the Hawkinson Business Park Architectural Standards — sample colors presented are acceptable; 6) The sign shall be at least ten feet from the property line; 7) All lighting shall be directed on the site and the source shall not be visible from the public right-of-way; 8) Subject to the Town Engineer's review and approval of grading and utility plans; 9) Subject to approval of the individual septic treatment system by the Building Inspector; 10) A portable toilet be available for use by employees inside the building until a bathroom is installed; and 11) Overhead door is not to be used as a loading dock. The permit is issued for one year. Planning Commission Recommendations: Violations: Action Taken: Remedy Deadline: Complaints: CUP RENEWALS — BI-ANNUAL REVIEWS Date: Business Name: Am -Tech Design Owner Name: Michele Carlson Address: Box 236,Scandia, Hawkinson Bus. Park Tel: Business Type: Manufacturing Issue Date: Exp. Date: Last Visit Date: 9/07/04 Original Conditions: 10/07/97 Michele Carlson, 12147 205th Street, Marine, requested an amendment to her Conditional Use Permit for a 48' x 40' addition to the existing building on Ozark Avenue. Legally described as Lot 6, Block 1, Hawkinson Business Park. All setbacks would be met, there is sufficient parking and there would be no increase in outside storage. The letter from Dennis O'Donnell was read. There was no public comment. The Planning Commission discussed with Ms. Carlson the blacktopping condition from the original permit issued May 1995. Ms. Carlson indicated she could not afford to blacktop and as wel as put up the addition. She also couldn't give a date for blacktopping due to financial reasons. Mr. Booren made a motion to recommend to the Town Board that they grant the amended Conditional Use Permit, for two years, to build a 48' x 43' addition on the grounds it is a reasonable use of the property. Conditions are: 1) submit a site plan showing area to be paved and parking slots by December 1, 1997; and 2) the drive and parking area on the north side of the building be blacktopped by October 1, 1999. 9/07/04 Am -Tech Design, Hawkinson Business Park. Premises are reasonably well maintained. Recommendation: Send a letter suggesting clean up behind (south of) the facility. Planning Commission Recommendations: Violations: Action Taken: Remedy Deadline: Complaints: CONDITIONAL USE PERMITS September 28, 2006 1. AM-TEC Designs, Hwakinson Business Park 2. Peterson Excavating, Hawkinson Business Park 3. PN Products, Hawkinson Business Park 4. Craig Kirvida, Fire Truck Repair, Hawkinson Business Park 5. Keith's Landscaping, Hawkinson Business Park 6. Scandia Pizza, Hawkinson Business Park 7. Prospects Restaurant, Hawkinson Business Park 8. Prairie Restoration, Hawkinson Business Park 9. LeRoux All Season, 21240 Olinda Trail 10. Scandia Creamery, 21279 Olinda Trail 11. Haven Chemical (Rebecca's Residence), 21077 Penrose Avenue 12. Robert Taylor, R & B Auto, 21060 Olinda Trail 13. Scandia Cafe, 21079 Olinda Trail 14. Meister's Bar and Grill, 14808 Oakhill 15. David Haselbauer, Machine Shop, 21360 Manning Trail 16. Pat Reicherts, Big Marine Lake Store, 19261 Manning Trail 17. John Fraley, Eko Bakken, 22570 Manning Trail 18. Kevin Nickelson, Ironwood Golf Range, 11480 Scandia Trail 19. U.S. Cellular,12160 Scandia Trail 20. Tom Boesel, Landscaping Business, 16306 St. Croix Trail 21. Nextel Communications, 21560 Novak Avenue 22. Jean Womak, Transmission Shop, 23200 Paris Avenue Effective 6/l/99 One d• Administration Some uses in zoning districts require a conditional use permit. Make Application for a Conditional Use Permit to the Zoning Administrator. SECTION 7. CONDITIONAL USES Certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable if conditions are attached. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for a particular use and not for a particular person or firm. 7.1. Application (1) Whenever this Development Code requires a conditional use permit, an application therefore in writing shall be filed with the Zoning Administrator. (2) The application shall be accompanied by development plans of the proposed use showing such information as may be deemed necessary by the Zoning Administrator or by the Planning Commission. (A) The scale of maps submitted shall be at least 1-inch to 200-feet. Maps for sites less than fifty (50) acres shall be at least 1-inch to 100-feet. The number of maps and reports to be submitted shall be specified by the Planning Commission, but shall not exceed twenty-five (25). All maps shall be reduced and included in the applicable reports. One (1) transparent mylar copy of the final general development plans, should they be approved, shall be filed with the Planning Commission within sixty (60) days of such approval. (B) Certificate of Survey (C) Site plan drawn to scale showing the following information: Existing Conditions. Property lines and dimensions, building location and setbacks, dimensions of building, curb cuts, driveways, access roads, parking, off-street loading areas, septic system, and well. 2. Proposed Conditions. Property lines and dimensions, building location and setbacks, building dimensions, curb cuts, driveways, access roads, parking, off-street loading areas and any other proposed improvements New Scandia Township Development Code 41 Chapter One *e Administration Applications for a Conditional Use Permit heard by the Planning Commission require a formal public hearing. The hearing date is set once the Zoning Administrator has received complete application. The Township has sixty (60) days to make a decision once the Zoning Administrator receives a complete application. This time frame can be extended an additional sixty (60) days if necessary to gather additional information. There are criteria that the Planning Commission must consider before recommending a Conditional Use Permit to the Town Board. Effective 6/1/99 (D) Landscape Plan with the following information: 1. Existing vegetation, proposed plantings, plant schedule including information about the plant size, quantity, type and root condition and ground cover. (E) Grading and Drainage Plan (F) Soil Conditions (G) Building Floor Plan (H) Building Elevations (I) General Location Map (J) Principal land uses within 200 feet of the property. (K) Proof of ownership in the form of Abstract of Title, Certificate of Title, Attorney's Title Opinion, unrecorded documents where petitioner will acquire legal or equitable ownership. (L) Type of business or activity and proposed number of employees. (M) Sanitary sewer and water plan (areas without public sewer or water). 7.2. Notice and Hearing Procedure (1) Upon receipt of an application that contains all required information, the Zoning Administrator shall refer the matter to the Planning Commission and establish a time for hearing on the application. From the date the Zoning Administrator receives the application containing all required information, the Township has sixty (60) days to take action on the request or the request shall be deemed approved, provided, however, that the Zoning Administrator may extend this time line by providing written notice of the extension to the applicant before the end of the initial sixty (60) day period. This notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days. The deadline may also be extended as indicated in Minnesota Statute 15.99 Subd. 3. (2) Notice of the time, place and purpose of all public hearings shall be given by publication in the Township's Official Newspaper at least 10 days before the hearing. The notice shall state the purpose, time and place of the public hearing. (3) Written notice shall also be given to the affected Board of 42 New Scandia Township Development Code One ❖ Administration Effective 6/1/99 The Planning Commission uses criteria to evaluate the request for a conditional use permit. Town Supervisors and the Municipal Council of any municipality within two (2) miles of the affected property. (4) Notice shall also be mailed to each of the owners of all property located within one -quarter (1/a) mile of the affected property or to the ten (10) properties nearest to the affected property whichever would provide notice to the greatest number of owners. (5) Where required, no less than twenty (20) days prior to the public hearing, the Zoning Administrator shall send notice and copies of the applicants' information to the Minnesota Department of Natural Resources for review and comment. (6) Defects in the notice shall not invalidate the proceedings provided a bona fide attempt to comply with the provisions of this Section has been made. A copy of the notice and a list of property owners and addresses to which the notice was sent shall be made a part of the record. 7.3. Criteria for Granting Conditional Use Permit (1) The Planning Commission may recommend to the Town Board a conditional use permit in any district, provided the proposed use is listed as a conditional use for the district and upon a showing that the standards and criteria stated in this Development Code will be satisfied and that the use is in harmony with the general purposes and intent of this Development Code and the Comprehensive Plan. In determining whether the proposed use is in harmony with the general purpose and intent of this Development Code and the Comprehensive Plan, the Planning Commission shall consider: (A) The impact of the proposed use on the health, safety and general welfare of the occupants of the surrounding lands. (B) Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands. (C) The effect of the proposed use on utility and school capacities. (D) The effect of the proposed use on property values and scenic views in the surrounding area. (E) The effect of the proposed use on the Comprehensive Plan. (F) The ability of the proposed use to meet the standards of the Development Code. New Scandia Township Development Code 43 One ❖ Administration The Planning Commission can impose conditions when it grants a conditional use permit. Costs of monitoring compliance with the permit can be imposed by the Planning Commission. Effective 6/l/99 (G) The results of a market feasibility study, if requested by the Zoning Administrator, when the purpose for which the conditional use is being requested relies on a business market for its success. (H) The effects of the proposed use on groundwater, surface water and air quality. (I) That the proposed use is allowed with a conditional use permit in the designated zoning district in which it is proposed. (2) In connection with the issuance of Conditional Use Permits to nonconforming situations, the Planning Commission may require nonconformities to conform to the regulations contained in the zoning regulations and may impose such additional restrictions or conditions as it deems necessary to protect the public interest. When appropriate, restrictive covenants may be entered into regarding such matters. (3) The Planning Commission may impose and the applicant shall pay costs incurred by the Zoning Administrator for monitoring compliance with the conditions of the Conditional Use Permit. 7.4. Referral to Town Board Upon receipt of the Planning Commission report and recommendation, or within 60 days of the opening of the public hearing by the Planning Commission, the Zoning Administrator shall place the request and any report and recommendation on the agenda of the next regularly scheduled meeting of the Town Board. Upon receiving the request and any report and recommendations of the Planning Commission and Staff, the Town Board shall make a recorded finding of fact. (1) Approval of CUP request requires passage by a simple majority vote of the Town Board. (2) The Town Board may impose additional conditions as it considers necessary to protect the public health, safety and welfare. 7.5. Compliance The use shall conform with the applicable sections of this Development Code. 7.6. Len,-th of Conditional Use Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such 44 New Scandia Township Development Code Effective 6/1/99 Chapter One ❖ Administration permit and of any conditions designated in connection therewith. Conditional Use Permits shall remain in effect for so long as the conditions agreed upon are observed, provided that nothing in this section shall prevent the Town Board or the Planning Commission from acting or amending Official Controls to change the status of conditional uses. 7.7. Expiration of Conditional Use Permit A conditional use permit shall expire and be considered null and void one (1) year after it has been issued if no construction has begun or if use has not been established or, once having been established, has not been actively maintained for more than one year. Violations of conditions imposed by 7.8. Revocation the Planning Commission can cause the conditional use permit to be A violation of any condition set forth in a conditional use permit revoked. shall be a violation of this Development Code. If within thirty (30) days of written notice from the Zoning Administrator the violation has not been corrected, the Township may pursue the following procedure to terminate the permit. (1) Written notice of revocation shall be served upon the permittee at least ten (10) Township working days prior to the CUP being revoked. (2) Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. Such written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred and a statement that if the permittee desires to appeal, he must, within ten (10) working days, exclusive of the day of service, file a request for a hearing. (3) The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the Town Clerk at the Town Hall by midnight of the tenth Township working day following service. (4) Following the receipt of a request for hearing, the Town Board shall set a time and place for the hearing. Records of Conditional Uses are 7.9. Records of Conditional Uses maintained by the Zoning Administrator and filed with the (1) A certified copy of any conditional use shall be filed with the County Recorder. County Recorder or Registrar of Titles. (2) The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location, conditions imposed by the Planning Commission, time limits, review dates and such other New Scandia Township Development Code 45 Chapter One ❖ Administration Effective 6/l/99 information as may be appropriate. (3) A copy of the filed permit, bearing a notation of the filing date shall be mailed to the applicant. 7.10. Amended Conditional Use Permits Amended conditional use permits shall be requests for changes in conditions of the existing permit. An amended conditional use permit application shall be administered in a manner similar to that required for a new conditional use permit. 7.11. Reapplication No application for a conditional use permit for a particular use on a particular parcel of land shall be resubmitted for a period of twelve (12) months from the date of the denial of the previous application. 7.12. Phased Developments In order to preserve an appropriate flexibility in the development plans for a large project that is to be developed over a number of years, a preliminary plan may be approved after a public hearing. The developer would then seek approval of the final plan in stages as he progresses with development. No additional public hearings need be held unless the developer proposes to make a substantial change from the plans or conditions included in the conditional use permit when it was granted approving the .preliminary plan. Enlargement, intensification of use or similar changes not specifically permitted by the conditional use permit issued, shall be considered substantial changes. 7.13. Existing Uses. All uses existing at the time of adoption of this Development Code that now require a conditional use permit may continue in the same manner of operation as the use did upon the effective date of this Development Code. Any enlargement, structural alteration or intensification of use shall require a conditional use permit as provided for above. The Planning Commission may impose additional, reasonable conditions for the continuation of such use in accordance with the hearing provisions as set forth in Section 7.2. SECTION 8. INTERIM USES The purpose and intent of allowing interim uses is (1) to allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the Comprehensive Plan; and (2) to allow a use that is presently acceptable but that, with anticipated development, will not be acceptable in the future. 46 New Scandia Township Development Code