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Planning Commission Meeting Packet 02-06-2007CITY OF SCANDIA PLANNING COMMISSION AGENDA February 6, 2007 7:30 P.M. 1. Call to Order 2. Approve Agenda 3. Public Hearings a) Eugene and Bonnie Thielbar, 19471 Manning Trail N. Lot Size and Setback Variances for Development of Lot on Big Marine Lake (Continued from November 14, 2006) b) Steven Lombritto, 18633 Langly Ct. N., Lot Size Lot Size and Setback Variances for Redevelopment of Lot on Big Marine Lake (2007005) 4. New Business a) Review Draft Mining Ordinance 5. Old Business a) Review Draft Ordinance re: Swimming Pool Safety Requirements 6. Adjournment 2/ 1 /2007 Meeting Date: 2/6/2007 Agenda Item: 3. a) C� 5' Planning Commission/City Council Agenda Report City of Scandia 14727 209' St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Continue the public hearing opened at the November 14, 2006 Planning Commission meeting on the request by Eugene and Bonnie Thielbar for lot size and setback variances for development of a lot on Big Marine Lake, located at 19471 Manning Trail N. Deadline/ Timeline: The extension of the 60-day review period will expire on February 16, 2007. Background: . After the application was scheduled for hearing, it was found that the DNR needed to review the survey and determine the accurate OHW for the lake before it would be possible to review the application. • The information has been received. The planner will present the attached report and recommendations at the meeting on February 6, 2007. Recommendation: The planners recommended approval of the variances, with findings listed in their report. The findings and conditions have been incorporated into a draft resolution for use by the Commission and City Council. Attachments/ • TKDA Memorandum dated 2/l/2007 Materials provided: . Location map • MnDNR OHW Determination • E-mail from Travis Germundson, Minnesota DNR • Letter dated June 12, 2006 from Scandia Fire Department • Elevation of Proposed Home • Letter dated 1/17/06 from WCD • Letter dated 2/1/07 from Carnelian Marine Watershed District • Draft resolution 02-06-07-01 • Application materials Contact(s): Eugene and Bonnie Thielbar (651-429-2081) Prepared by: Anne Hurlburt, Administrator Page 1 of 1 02/01/07 (thielbar variance 0207) TKDA ENGINEERS - ARCHITECTS - PLANNERS MEMORANDUM To: Planning Commission, City Council Anne Hurlburt, Administrator City of Scandia Copies To: Eugene and Bonnie Thielbar From: Richard E. Thompson, AICP Berry Farrington Date: February 1, 2007 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com Reference: Thielbar Variance Request Proj. No.: 13582.017 City of Scandia, Minnesota Routing: SUBJECT: Thielbar Variance Request MEETING DATE: February 6, 2007 LOCATION: 19471 Manning Trail North Part of Section 29, Part of Section 30, Township 32 North, Range 20 West Scandia, Minnesota APPLICANT: Eugene and Bonnie Thielbar ZONING: Agriculture District (AG), Shoreland District 60-DAY PERIOD ENDS: February 16, 2007 ITEMS REVIEWED: 1. Application; 2. Revised Site Plan received January 25, 2007; 3. Site Plan showing Minnesota Department of Natural Resources OHW determination; 4. DNR comments dated January 31, 2007. BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests four (4) variances to allow construction of a single family home on an existing lot, located at 19471 Manning Trail North, on the northeast shore of Big Marine Lake. The variances are 1.) lot size and buildable area; 2.) frontage on a public road; 3.) location of a proposed accessory building between the house and right of way; and 4.) side yard setback for a proposed accessory structure. The subject property is approximately 1.7 acres and is zoned Agriculture (AG), Shoreland District. The property is currently a seasonal residence with 2 cabins and 5 sheds. Wetlands are present on and adjacent to the property. The Applicant uses a dock to access the water and proposes no changes to the waterfront. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Thielbar Variance Page 2 February 1, 2007 City of Scandia The Applicant proposes a house with attached garage and deck with a footprint of 3,464 square feet and an accessory structure of 988 square feet. The site plan shows that the two cabins and four of the five sheds are proposed to be removed. BACKGROUND: The request was tabled on November 14, 2006, so that the Applicant could obtain a determination from the Minnesota Department of Natural Resources regarding the location of the Big Marine Lake Ordinary High Water (OHW) level. This has since been addressed and the Applicant submitted a revised site plan per the DNR determination. The proposed house would be slab on grade with a building height of 28 feet. The proposed accessory structure would be 23 feet in height. The Scandia Code allows the issuance of a variance, "where it is determined that, by reason of exceptional circumstances, the strict enforcement of the Zoning Regulations would cause unnecessary hardship." The Zoning Ordinance considers hardship to mean; 1.) that the property cannot be put to reasonable use under the conditions in the Ordinance, 2.) that the hardship is not caused by the landowner, but is due to circumstances unique to the property, and 3.) that the variance would not alter the essential character of the area. EVALUATION OF THE REQUEST: Lot size and buildable land The property was subdivided before the requirements in today's Ordinance were written, and so the lot is smaller than the current minimum lot size of 5 acres. The Applicant has combined two parcels of land under one tax parcel to achieve the current parcel of 1.7 acres. Tax data show that the Applicant does not own any of the adjoining properties and so is not able to increase the size of the subject property. The Ordinance requires a minimum of 1 acre of contiguous buildable land. The site plan does not report the buildable area, but the Planners estimate that subject property has less than two thirds of an acre that is considered buildable land. The Planners find that strict enforcement of the 5 acre minimum lot size and 1 acre of buildable land requirement would cause a hardship in this case. The small size of the lot is a unique feature of the property that was not created by the landowner, and a single family home cannot be built on the property without a variance for the lot size. The property is currently used for seasonal residence (cabins), and so the removal of the cabins and addition of a year-round home would not alter the essential character of the area. Frontage and driveway access The subject property has zero frontage on a public road but has access to Manning Trail via a driveway on an easement. The AG District requires a minimum frontage of 160 feet on a public road. The Applicant requests a variance for public road frontage. Because the lot is an existing lot with no public road frontage the Planners find that strict enforcement of the ordinance would create a hardship in that it would prevent access to and use of the property. Thielbar Variance Page 3 February 1, 2007 City of Scandia The Applicant indicates that they are working with the neighboring property owners to upgrade the easement to meet Fire Department standards. Issues of clearance, adequate surface treatment for emergency vehicles in all seasons, and adequate turnaround space must be addressed. The Planners recommend that up ading the driveway to Fire Department standards be a condition of approval if the variance is granted, and that the Applicant work with the Washington Conservation District to develop an erosion control plan for the driveway construction. Accessory Structure A variance is required to allow an accessory structure that is located between the house and the road. Due to the presence of the wetlands behind the house and the required setback of 75 feet from the wetland, there is not space for the accessory structure behind or adjacent to the house. The proposed garage is screened by existing vegetation to the north and west, and is not in view of the road. Because there is not a feasible location for the accessory structure that meets Ordinance requirements the Planners find that strict enforcement of the Ordinance would cause hardship in that it would prevent the construction of the accessory structure. The Ordinance allows one accessory structure on a parcel of 3 acres or less. The total area of accessory structures may not exceed 1,000 square feet on parcels 1 to 3 acres in size. The proposed accessory structure is 988 square feet. The Applicant proposes to remove all sheds that are greater than 120 square feet, the size threshold for a shed to be considered an accessory structure. The Applicant seeks to keep Shed D (approximately 24 square feet) located at the OHW. The Planners recommend that Shed D also be removed because it is located at the OHW. Setbacks — Principle Structure The setback requirements are: front yard of 40 feet, side yard of 20 feet, rear yard of 50 feet, wetland setback of 75 feet, and Ordinary High Water level setback of 100 feet. The OHW for Big Marine Lake is 942.2 feet. The proposed house with attached garage meets the side front and rear yard setbacks and the wetland and OHW setbacks. Setbacks —Accessory Structure The Applicant requests a variance to allow a 10 foot side yard setback for the proposed accessory structure. The Ordinance requires a 20 foot side yard setback. There is not another location for the accessory structure, and due to the location of the sewage treatment system area and the existing driveway, there is not space to distance the accessory structure 20 feet from the side lot line. The Planners find that strict enforcement of the Ordinance would cause hardsliip in that it would prevent the construction of the accessory structure at its proposed size, which is less than the maximum square footage allowed Impervious Sun face The Applicant's proposal would result in a total of 7,956 square feet of impervious surface. This is approximately 10.8% of the site. The Shoreland Ordinance sets a maximum of 25% impervious surface. The request confonns to the maximum impervious surface limit Thielbar Variance Page 4 February 1, 2007 City of Scandia Sewage Treatment System The site plan shows a sewage treatment system area to the south of the driveway. A minimum setback of 75 feet from the OHW is required, and the area is over 300 feet from the OHW, meeting the requirement. The sewage treatment system plans are included in the application materials The sewage treatment system must be reviewed and approved by Washington County Department of Public Health and Environment Wetlands The Washington Conservation District visited the site and wrote a comment letter to the Applicant dated January 17, 2006. The letter raised the question regarding the location of the OHW, which has been addressed by the Department of Natural Resources. The letter supports the continued use of the dock to access the lake. The letter notes that if the driveway needs to be widened, that erosion control measures will be needed. The Washington Conservation District has indicated that no further wetland delineation review on the subject property is needed. Planners recommend that the Applicant work with the Washington Conservation District to develop an erosion control plan once the driveway requirements are detennined Department of Natural Resources Comments The Department of Natural Resources provided comments dated January 31, 2007. The comments summarize how the Applicant cooperated with the DNR in determining the location of the OHW. The comments suggest that the accessory structure labeled Shed D be removed along with the other existing structures. Carnelian Marine Watershed District Comments The Carnelian Marine Watershed District (CMWD) has provided the following comments verbally and is providing a comment letter. One comment is that the low floor elevation must be 2 feet above the 100-year flood elevation. The Big Marine Lake 100-year flood elevation is 943 feet. The Applicant needs a CMWD permit, and any proposed driveway improvements must also be reviewed by the CMWD. ACTION REQUESTED: The Planning Commission can recommend: Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planners recommend approval of the variances for lot size of 1.7 acres, minimum buildable area of less than one acre, public road frontage of zero feet, location of accessory structure between the house and right of way, and sideyard setback of 10 feet for the proposed accessory structure for 19471 Manning Trail North. Thielbar Variance Page 5 February 1, 2007 City of Scandia The recommendation is based on the following findings: 1. The size of the lot is a condition unique to the property, not created by the property owner. 2. The lot is an existing lot with no public road frontage, and so strict enforcement of the ordinance would create a hardship in that it would prevent access to and use of the property. 3. There is not a feasible location for the accessory structure behind the house or next to the house. 4. There is not adequate space to distance the accessory structure 20 feet from the side lot line due to the location of the sewage treatment area and driveway. The Planners recommend approval with the following conditions: 1. That the proposed house and accessory structure are located as shown on the certificate of survey signed January 23, 2007. 2. That all cabins, accessory structures, and sheds are removed from the site before a building permit is issued. 3. That the low floor elevation is two feet above the 100-year flood elevation. 4. That the driveway meets Scandia Fire Department standards, including clearance, surfacing, and turnarounds. 5. 'That the Applicant work with the Washington Conservation District to develop an erosion control plan for the driveway construction. 6. That a Carnelian Marine Watershed District (CMWD) permit is granted, and any proposed driveway improvements must be reviewed by the CMWD. 7. That the sewage treatment system is approved by Washington County. 8. That all fees are paid. a » / & Z z a CL Cc �- --�� @ � .�: � _. ! ■` -6 a] !!tlIJ )� . )� L 5 ƒ \/_ § • ! & & F § § !i!■! §■ !ate _ p; R e ° k( k/ !/ 2;V G 51- . ... • � � � � ► . � � \ . � �. - � ■ •Z. • f.A &o! cu )E < E o co - Q 0 , . v a a C �;� L.�a a a� I° C7 O G la 3 $ y ii.' C 1 `dam 1 / � ti%bod FenC+i Is 1,2 NF, of hN avi i' a 1C / VI i1 k I k N i t � c b 6 OHWL Boundary 0 0 F; Y F � � •y c s c i± � s n c As we discussed the OHWL boundary for Big Marine Lake. you have any additional qucotionc,. Travis Germundson Area Hydrologist DNR Waters 1200 Warner Rd. St. Paul, MN 55106 651-772-7914 Let me know if Berry E. Farrington From: Travis Germundson [Travis.Germundson@dnr.state.mn.us] Sent: Wednesday, January 31, 2007 9:27 AM To: Berry E. Farrington Subject: Eugene and Bonnie Thielbar Berry, It should be noted that during this process the applicant has obtained additional spot survey elevations as requested by the Department to define the extend of the Ordinary High Water Level (OHWL). The applicant has also adjusted the proposed building footprint to meet the required setbacks from Big Marine Lake and the surrounding wetlands areas as illustrated in the revised survey. Its also encouraging to see that numerous smaller structures scattered around the property will be removed, reducing the overall impervious surface coverage, expect for Shed D. Therefore, the only comment that I have is that this small 33 square foot structure should also be removed to further reduce the nonconformities. Particularly, since a portion of the structure may be located within the OHWL and the structure probably holds little to no value. Travis Germundson Area Hydrologist DNR Waters 1200 Warner Rd. St. Paul, MN 55106 651-772-7914 1 r- etj U 1 U7 1 1: 1 1 a BeckU Spence 651 -433-3281 p. 1 NEW SCANDL4, FIRE AND Ri 15040 SCANDIA TRAIL NORTH SCANDIA, MINNESOTA 5507. June 12, 2006 To Property Owners Using the Kuno Access RE: Emergency Vehicle Access cnat��nv�E�SLRccti_+i�nr, Y rac an nisi 8 _ - - 040 I have inspected the common driveway to property using the Kuno access and have several concerns. The fire department must have adequate access for our vehicles in order to provide fire and rescue services in a timely manner. Our pumper is 8 feet 5 inches wide and is 12 feet wide when the doors ate open. Weight is also a factor when dealing with fire trucks. Therefore, I recommend that a drivable surface 12 feet wide be maintained. This also applies to snow removal. Also, since our pumper is over 10 feet high, the 12 foot standard should be applied to overhanging tree limbs. Thank you in advance for your cooperation. If you have any questions or if I can be of assistant please contact me at 651-433-3281. Sincereiy, \J , Steven Spence New Scandia Fire Chief :O• T,o ti3o4 a3� �}u,�jo nn"i �! 03� (Ps b g44�p W� hoe. nr a°t - a vfi A a 09, Washington 1380 W. Frontage Rd; Hwy 36 Stillwater, Minnesota 55082 Conservation District (651) 275-1136 (651) 275-1254 Fax January 17, 2006 Bonnie and Eugene Thielbar PO Box 233 Hugo, Minnesota 55038 RE: 19477 Manning Trail, New Scandia Dear W. and Mrs. Thielbar: It was a pleasure to talk with you last fall, and visit your parcel on Big Marine Lake. As I recall, you plan to replace the cabin with a year-round residence, and are beginning the planning process for the improvements. In particular, we looked at setback distances and environmental concerns with the access road. From the survey map you showed us, it appears that the wetland line identified generally follows the transition between wetland and upland vegetation. I do not know if a professional wetland consultant delineated that line, but it appears to be a reasonable line for preliminary planning purposes. The primary concern I have is whether the small bay (vegetated with cattails) that starts to the north of your dock and extends to the south of your parcel is under the jurisdiction of the Department of Natural Resources. This wetland zone is behind an ice ridge, but at a similar elevation as the Jake's ordinary high water level. Setback distances will differ depending on whether it is part of the lake, or a separate wetland. You will need to contact the DNR Hydrologist for that determination. You indicated that no changes will be made to the wetland area, that you will continue to use a dock to access the lake. I fully support that idea. If the access road to this parcel needs to be widened, I do not believe there will be any wetland issues as the existing driveway appears to go through all upland areas (unlike the north fork of the private drive which heads to your neighbor's parcel through an extensive wetland complex). Erosion control may be a more significant concern, especially during construction of the road. Feel free to contact me if you have additional questions about this site. As your project progresses, our office may be involved in review of the erosion control or drainage plans, at the request of either the County or the Township. Sincerely, L,. `_.Jyneen Thatcher Wetland Specialist Cc: Dennis O'Donnell, Washington County Zoning (via e-mail) Dolores Peterson, New Scandia Township Carnelian -Marine Watershed District Scandia Plaza 11, 21150 Ozark Ave. P.O. Box 188, Scandia, MN 55073 February 1, 2007 Anne Hurlburt, Administrator City of New Scandia 15727 209th Street No. P.O. Box 128 Scandia, Minnesota, 55073 Re: CMWD Comments on Thielbar Variance Request Big Marine Lake Subwatershed Management Area CMWD Comment No. 07-002 Dear Ms. Hurlburt: It is our understanding that the proposed variances are for lot size, minimum building area, side yard setback and location of road between the house and right -of way. The following Carnelian Marine Watershed District (CMWD) comments pertain to the referenced variance request. The CMWD's primary concerns are the low floor elevation, erosion / sediment control, lot size, coverage and minimum building area and need for protection of existing buffer and ice ridge for continued stormwater quality treatment to protect the lake. Please provide copies of CMWD comments to the City Planning Commission for consideration at their February 6, 2007, meeting. Proposed project requires a permit from the CMWD as it is located in the Shoreland Zone of Big Marine Lake, and requires a variance. Please make a CMWD Permit a requirement of any variance you may grant for this property. 2. Big Marine Lake is the number one priority lake in the CMWD, with a water quality rating of "A', and an overall management of "protection". 3. Certificate of Survey Plan Sheet. a. The 100-yr flood elevation needs to be identified on the plan sheet and the lowest floor elevation needs to be at least 2-ft above the 100-yr flood elevation. The lowest floor elevation should be about 945.0-ft rather than the 944.2-ft proposed on the plan sheet. b. Existing septic system location should be located and properly abandoned. c. Lot coverage computation based on lot area above the OHW of the lake should be identified on the plan sheet (driveway also needs to be included in the computation). It appears that with the proposed removals of existing structures the proposed site will have a lot coverage of less than 10% and much better than the maximum allowed of 25%. d. The deficiencies for minimum lot size and building area were not noted. The lot in question is significantly larger than some variance requests we have reviewed. e. Lake and wetland setbacks are met and the CMWD buffer requirements will be met also as long as no additional work is proposed in the lake and wetland setback areas. f. The wetland delineation was not completed by a wetlands specialist. Has a wetlands delineation been completed and accepted by Jyneen Thatcher (WCD), as typically required? Managers John Bower Richard Bohrer Richard Caldecott Victoria Dupre Steve Kronmiller 430-2793 433-5461 439-7385 439-8266 433-4042 CMWD - (Comments on Thielbar Variance) 2/l/07 Page 2 4. Project will need an erosion and sediment control plan and final site restoration plan. 5. Improvements to the private access road from Manning Ave., if any, may also require a CMWD permit, depending on what is proposed. 6. Stormwater quality treatment to reduce phosphorous loads from the property should be included in the site design. This can be accomplished by protecting the existing ice ridge and native vegetative buffers for the lake and wetland. Following construction, the soils around the new buildings, which get compacted during construction, will need to be deep tilled prior to restoring the permanent vegetation. This will help maintain the infiltration capacity of the soils. 7. As shown on the attached pictures the Thielbars have done a nice job of protecting and maintaining the existing shoreland buffer and ice ridge while limiting their access area to about a 30-ft wide corridor (which is consistent with CMWD requirements). Their property is an example of striking a good balance between being able to use and enjoy their lake and protecting it for wildlife and future generations. We assume this ethic will continue when the new home is used as a permanent residence. Please feel free to contact me at (651) 770-8448 if you have any questions on this comment letter. Sincerely, Daniel A. Fabian, P.E. CMWD Engineer cc: Eugene and Bonnie Theilbar, Owner/Applicant John Bower, CMWD Board Member Steve Kronmiller, CMWD Board Member Richard Bohrer, CMWD Board Member Richard Thompson / Berry Farrington, TKDA (Scandia Planner) I C07-002 Thielbar Variance 19477 Manning Trail Big Marine Lake Arose: CMWID, Washington County, MnIDOT, Met Council January 31, 2007 CMWD%P 40 ij 14 kS;r% MTU CITY OF SCANDIA, MINNESOTA RESOLUTION NO.: 02-06-07-01 THIELBAR VARIANCE REQUESTS FOR 19471 MANNING TRAIL NORTH WHEREAS, Eugene and Bonnie Thielbar have made application for variances for lot size, buildable area, frontage on a public road, location of a proposed accessory building between the house and right of way, and side yard setback for a proposed accessory structure to allow construction of a single family home on an existing lot, located at 19471 Manning Trail North; and WHEREAS, the property is legally described as follows: All that part of Lot 1, in Section 30; arjd of Lot 7, in Section 29, all in Township 32 North, of Range 20, West of the Fourth Meridian, Washington County, Minnesota, described as follows, to wit: Commencing at a point in the East and West V4 section line through said Section of uiL is Section wiilGr UGLWGGii Jaiu Se iviis 29 and-30-'-and- running -thence South at right angles with said '/ section line, 658.74 feet; thence Southeasterly by deflection angle of 50 degrees .06 minutes to the left, 291 feet to an oak stake; thence Northeasterly at right angles with the last described line, 300 feet to the point of beginning of the description. From this point of beginning run Northeasterly. on a prolongation of the last described line 100 feet; thence Southeasterlyit angles vvitl' the last described line 496.04 feet to the at night an g high water line of Big Lake; thence Southwesterly by deflection angle of 103 degrees 30 minutes to the right along said high water line 102.84 feet to an oak stake; thence Northwesterly by deflection angle of 76 degrees 30 minutes to the right along said high water line 102.84 feet to an oak stake; thence Northwesterly by deflection angle of 76 degrees 30 minutes to the right, 472.03 feet to the point of beginning. WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on November 14, 2006 and considered it on February 6, 2007, 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 request of Eugene and Bonnie Thielbar for a variance, based on the following findings: Resolution No.: 02-06-07-01 Page 2 of 3 The size of the lot is a condition unique to the property, not created by the property owner. 2. The lot is an existing lot with no public road frontage, and so strict enforcement of the ordinance would create a hardship in that it would prevent access to and use of the property. 3. There is not a feasible location for the accessory structure behind the house or next to the house. 4. There is not adequate space to distance the accessory structure 20 feet from the side lot line due to the location of the sewage treatment area and driveway. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the proposed house and accessory structure are located as shown on the certificate of survey signed January 23, 2007. 2. That all cabins, accessory structures, and sheds are removed from the site before a building permit is issued. 3. That the low floor elevation is two feet above the 100-year flood elevation. 4. That the driveway,,meets Scandia Fire Department standards, including clearance, surfacing, and tuinarounds. y 5. That the Applicant works with the Whin gkori Conservation District to develop an erosion control plan, or the driveway. construction. 6. That a Carnelian MarineWatershed District (CMWD) permit is granted, and any proposed driveway improvements -must be reviewed by the CMWD. 7. Tliat the sewage treatment system is approved by Washington County. 8. That all fees are paid. Adopted by the Scandia Citv Council this 6th day of February, 2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ Clerk Resolution No.: 02-06-07-01 Page 3 of 3 State of Minnesota ) ) ss. County of Washington ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Scandia, Minnesota do hereby certify that I have carefully compared the foregoing resolution adopted at a meeting of the Scandia City Council on February 6, 2007 with the original thereof on file in my office and the same is a full, true and complete transcript thereof. Witness my hand as such City Clerk and the corporate seal of the City of Scandia, Washington County, Minnesota this day of 2007. Anne Hurlburt Administrator/ Clerk City of Scandia \Fence 4.2 NW of line - ee°e u„s�...,� � � .---..�•�� .� .__- __�__---_-__� ____ __ ___o_ degrees 30 minutes to the right, 472.03 feet to the point of beginning. Records of Washington County, Minnesota. Inplace 1-1/4 inch -iron pipe monument together with all hereditments and appurtenances belonging thereto, subject to the following exceptions: Easement of record. 0.44 SE of SW -NE Line °X 0.73 NE of NW -SE Line_.; (Document No. 53 8627) All that part of Lot One (1) in Section Thirty (30) and of Lot Seven (7) in Section Twenty-nine (29), all in Township Thirty-two (32 North of Range Twenty (20), described as follows: ; �.� ry ,moo Commencing at a pont in the east and west quarter section line through said Section Thirty (30), Four hundred eighty-three and o�� O° BH-2 ` 9e� !� seven -tenths (483.7) feet west of the quarter -section comer between said Sections Twenty-nine (29) and Thirty (30) and running 90° \ `` thence south at right angles with said quarter -section line Six hundred fifty-eight and seventy-four (658.74) feet; thence Southeasterly by deflection angle of 50°06' to the left Two hundred Ninety-one (291) feet to an oak stake, thence northeasterly at right angles with last described line Four hundred (400) feet to the point of beginning of this description; from this point of PH-1 r Oetbac SFoot etback 20 Foot �, o beginning run Northeasterly on a prolongation of last described line Fifty (50) feet; thence Southeasterly at right angles with last .' I % •� Setback °be`Shs �:.\ `°' c i (0described line Three hundred eight and five -tenths (308.5) feet to the high water line of Big Lake; thence Southwesterly by t Btu 6� ,e° . '�r� deflection angle of 103 30 to the right along said high water line Fifty-one and Forty-two hundredths (51.42) feet; thence .� Old buded.barbed` 6' c \ _11" wire fence on line Oratn ��t skip, 2 BHA `\ -- /e°J /, oo Northwesterly by deflection angle of 76°30' to the right Four hundred ninety-six and four hundredths (496.04) feet to the point of field f / o ; beginning, including all riparian rights in and to the shore of Big Lake opposite said described land. / 30� According to the United States Government Survey thereof. SA rvre q=\ O° LEGEND Z)70;' 1 �� 3��•�862� O Denotes 1/2 inch iron pipe monument set and marked with a log' g BIG MARINE LADE p p " °5 Existing well St plastic cap inscribed ANEZ / RLS 13775. Denotes found monument marked and sized as indicated hero `6S BH-4 Propose Shed C�/ --- I / O Denotes Washington County Cast Iron Monument. e.removed) Shoreline as located on 5/12/2005 — — 6� /C( Denotes Utility Pole. Parcel Described in j ti i1 Document No. 536627 -—Denotes Denotes Fence Lune. \• (0.576 Acres) ` / / ?BH-1 Denotes Soil Boring Test Hole and ID Number \ / _ ,_, Parcel Described in Document No. 994748 S$° \ \ PH-2 nonumen t \ _ _ (1.111 Acres) — �� a�i, J O Denotes Percolation Test Hole and ID Number 'nscribed J CIM Denotes Cast Iron Monument co n �Q� / \ems 4v / �..•\. Board Walk / J C 5.o N ��' `. / \ �,..� / Orientation of this bearing system is the Washington County Coordir O \�/ System, NAD83. 0 ) J 20 Foot \ . �.•/ ±J - 0 0 / ,, I,, setback Distances are in feet and decimals of a foot. o AIL � Edge of Wetland \ _! Top I Elevation = �• 942.68 Feet °' _ Wetlands, as shown hereon, >L were determined by Landmark Surveying, Inc. survey crew, t ,o-s° o / ga06V�°.53�6 not by a wetland specialist. elef / -Edge of Wetland Top I Elevation > 942.45Feet `0�' Ordinary High Water Line _ 5ri / \/ J i . •� / N Elevation 942.2 feet i103'30' � s E This line referred to as highwater � 1 line in Doeumznt No. 994748 o J 9 � c� \ � •' •/ Shoreline as located on 5/12I2005 Meeting Date: 2/6/2007 Agenda Item: 196 3, d) c c Planning Commission/City Council Agenda Report City of Scandia 14727 209' St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on the request by Steven Lombritto for eight variances to allow construction of a new single family home at 18633 Langly Court North, located in the Bliss Addition on Big Marine Lake. Deadline/ Timeline: 60-day review period expires March 19, 2007 Background: • The planner will present the attached report and recommendations at the meeting on February 6, 2007. • The planners found that these variance requests are complex, and that there are reasons that support both approval and denial. The evaluation of hardship identifies the findings both for and against the variance requests. • Mr. Lombritto has been charged with an ordinance violation for improper exterior storage on this property. The case is scheduled for jury trial on February 12, 2007. Recommendation: • The Commission should consider public testimony received at the hearing, past practices, and community values when making its recommendation for approval or denial of the request. • The findings and conditions for approval have been incorporated into a draft resolution for use by the Commission and Council. • If the decision is to deny the variance, the Planners recommend that the reasons for denial be written into a draft resolution after the hearing, and that the City Council take final action at a later meeting. Attachments/ . TKDA Memorandum dated 2/l/2007 Materials provided: • Location map 0 E-mail from Travis Germundson, Minnesota DNR dated 1/24/07 • Letter from Carnelian -Marine Watershed District dated 1/31/07 Page 1 of 2 02/01/07 Draft resolution 02-06-07-02 (for Approval) Application materials Contact(s): Steven Lombritto, 651 442-3187 Prepared by: Anne Hurlburt, Administrator (lombritto variance) Page 2 of 2 02/01/07 TKDA ENGINEERS • ARCHITECTS - PLANNERS MEMORANDUM To: City Council Planning Commission Anne Hurlburt, Administrator Copies To: Steve Lombritto From: Richard E. Thompson, AICP Berry Farrington Date: February 1, 2007 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Reference: Lombritto Variance City of Scandia, Minnesota Scandia File Number 2007005 Proj. No.: 13812.001 Routing: SUBJECT: Lombritto Variance Request MEETING DATE: February 6, 2007 LOCATION: 18633 Langly Court North Bliss Plat First Division, Lot 15, Block 4 Scandia, Minnesota APPLICANT: Steven Lombritto 18633 Langly Court North Marine on Saint Croix, Minnesota 44047 ZONING: Agriculture (AG), Shoreland Overlay District 60-DAY PERIOD ENDS: March 19, 2007 ITEMS REVIEWED: 1.) Application; 2.) Certificate of Survey, existing and proposed conditions dated, December 15, 2006; 3.) Minnesota Department of Natural Resources comments dated, January 24; 2007; 4.) Carnelian Marine Watershed District comments dated, January 31, 2007. BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests eight variances to allow construction of a new single family home at 18633 Langly Court North, located in the Bliss Addition on Big Marine Lake. The subject property is a first tier lot. The variance requests are for a front yard setback, side yard setback, rear yard setback, setback from the Big Marine Lake Ordinary High Water level, minimum lot size, lot width and road frontage, buildable area, and impervious surface. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Lombritto Variance Request Page 2 February 1, 2007 City of Scandia BACKGROUND: There is an existing single family home on the property which the applicant proposes to remove. It is a single story structure with an attached garage. Part of the existing deck extends over the Big Marine Lake Ordinary High Water level (OHW). The proposed single family home is two stories and would have approximately 2,200 square feet of living space on both floors, and would have an attached garage of 505 square feet. The proposed home would be two stories with a peaked roof for a total height of 32 feet. The building elevations show a first and second story deck facing the lake. Below are the existing and proposed building footprints and deck footprints. Existing Structure footprint 1,483 square feet includes carport) Existing Deck footprint 463 square feet TOTAL 1,945 square feet Proposed Structure 1,384 square feet -footprint Proposed Deck 216 square feet footprint TOTAL 1,600 square feet The Big Marine Lake Ordinary High Water level (OHW) is 942.2 feet. Big Marine Lake is classified as Recreational Development Lake. EVALUATION OF THE REQUEST: Summary of Variance Requests Below is a summary of the Scandia Development Code requirements, the nonconformities of the existing home, and the variances requested for the proposed home. Type of Variance Request Required Existing Home Proposed Home Front yard setback 40 feet 26 feet 26 feet Side yard setback 10 feet 5.71 feet (minimum) 7.18 feet (minimum) Rear yard setback* 50 feet 6 feet 18 feet OHW setback* 100 feet Zero feet (deck hangs over the OHW) Approximately 12 feet Impervious surface 25% 50% 40% Minimium lot size 2.5 acres .1 acre .1 acre Lot width 150 feet 50 feet 50 feet Buildable area 1 acre Less than .1 acre Less than .1 acre * measured from the deck (existing or proposed) Lombritto Variance Request Page 3 February 1, 2007 City of Scandia The proposed home would have the same nonconforming conditions as the existing home in terms of front yard setback, lot size, lot width, and buildable area. The proposed home would reduce the extent of the nonconformities for side yard, rear yard, OHW setback, and impervious surface. The impervious surface calculations shown on the plans do not include the surface area of the existing and proposed decks. The Planners calculate the existing deck at approximately 463 square feet and the proposed deck at approximately 216 square feet. The total impervious surface for the existing conditions is 2,587 square feet (50%) and for the proposed conditions is 2,054 square feet (40%). Evaluation of Hardship Variance requests are evaluated based on whether strict enforcement of the Ordinance would create hardship. There are three components to hardship, and the request must meet all three components. The variance requests for the subject property are complex, and this is a rare circumstance where the Planners find that there are reasons that support both approval and reasons that support denial of the request. Where both factors are present, the evaluation of hardship identifies the findings both for and against the variance requests. 1. That the property cannot be put to reasonable use Single family residential use is a permitted land use within the AG and Shoreland Districts. There is an existing single family home on the subject property, which the Planners understand is currently inhabited. There are different factors that could be used to argue that the property can and cannot be put to reasonable use. It can be argued that the existing structure provides for reasonable residential use. The Applicant states that the existing house is not up to date, and so it could be argued that the existing home is not reasonable by today's standards in terms of size, number of bathrooms, and other features. 2. That the hardship is not caused by the landowner, but is due to circumstances unique to the property The property is not one that would be approved by today's standards, but its size and location on the lakeshore is similar to other lots in the Bliss Addition. The lot dimensions, however, make it impossible to construct a home on the property without variances. The conditions are not created by the property owner because it is a pre-existing, nonconforming lot. 3. That granting of the variance would not alter the essential character of the area The variance requests for front, rear, sideyard setbacks, OHW setback, impervious surface, lot size, lot width, and buildable area in and of themselves, would not alter the essential character of the area. The proposed house would not further encroach into the setbacks than does the existing house. The proposed home improves the side and rear yard setbacks, OHW setback, and impervious surface compared to the existing home. If the variance requests are granted, the result will be a new home which is proposed to be 32 feet in height. The building height is within the Ordinance maximum of 35 feet, and so no variance is needed for the proposed building height. However, the surrounding neighborhood consists of single -story homes, and the Lombritto Variance Request Page 4 February 1, 2007 City of Scandia proposed home is on a first tier lot. It could be argued that the proposed home would negatively affect views of the lake for surrounding properties, and would be out of scale with the neighborhood. There have been variances approved in the past in the neighborhood for home additions and large accessory structures. It could be argued that the character of the neighborhood is in transition, and it could be argued that the proposed structure fits with the emerging character of the neighborhood. Minnesota Department of Natural Resources Comments The Department of Natural Resources (DNR) provided comments in an email dated, January 24, 2007. The DNR finds that the proposal meets the intent of the Ordinance in that it reduces the distance between the structure and the OHW and reduces the impervious surface. The DNR comments suggest that the proposed wood deck be relocated to the south side of the structure to further increase the setback from the OHW, while still allowing the property owner a clear view of the lake. The DNR also suggests that a condition be that the Applicant plant several trees around the property to provide screening from the lake. Carnelian Marine Watershed District Comments The Carnelian Marine Watershed District (CMWD) provided comments in a letter dated, January 31, 2007. The comments note a CMWD permit is required and requests that this be a condition of approval if the variance is granted. Recommendations include that the impervious surface be reduced to at least meet the 25% lot coverage requirement, that the driveway be reduced in length to 18 feet so that the structure is further distanced from the lake, and that stormwater quality treatment to reduce phosphorous loads from the property be included in the site design. 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 request is for the following variances for 1866 Langly Court North: front yard setback of 26 feet, side yard setback of 7.18 feet, rear yard setback of 18 feet, OHW setback of 12 feet, impervious surface of 40%, minimum lot size of. 1 acre, lot width of 50 feet, and buildable area of less than .1 acre. The Planners find that there are both reasons that support approval and reasons that support denial of the request. In this case, the Planners do not make a recommendation but offer findings in support of either option. Public testimony received at the hearing, past practices, and community values are additional pieces of information that will support denial or approval of the request. Lombritto Variance Request Page 5 February 1, 2007 City of Scandia If the Planning Commission recommends denial, the Planners make the following findings to support that recommendation: 1. Reasonable Use: The existing structure is inhabited and provides for reasonable residential use. 2. Essential Character: The proposed home is two stories and 32 feet tall, while the existing home is a single story. The new home would negatively affect views of the lake for surrounding properties, and would be out of scale with the neighborhood. 3. Two of three elements of hardship are not met and therefore, there is not a case of hardship. If the recommendation is denial of the variance, the Planners suggest that the reasons for denial are written into a draft resolution after this meeting and that the City Council take action at a later meeting. If the Planning Commission recommends approval, the Planners make findings to support that recommendation, and provide conditions of approval. 1. Reasonable Use: The property cannot be put to reasonable residential use because the existing home does not meet today's standards in terms of size, number of bathrooms, and other features. 2. Unique Circumstances: The lot dimensions make it impossible to construct a home on the property without variances. The circumstances are not created by the property owner because it is a pre- existing, nonconforming lot. 3. Essential Character: The proposed house would not further encroach into the setbacks than does the existing house. The proposed home improves the side and rear yard setbacks, OHW setback, and impervious surface, compared to the existing home. Previously granted variances for home additions and new, large accessory structures in the neighborhood indicate that the character of the neighborhood is in transition, and the proposed structure fits with the emerging character of the neighborhood. Conditions of approval: 1. That the proposed home is located per the Certificate of Survey signed December 15, 2006, except for as dictated by the conditions of approval stated below. 2. That the pitch of the roof and/or the floor height be reduced so that the structure is 25 feet or less in height. 3. That the proposed deck is relocated to the south side of the home or removed from the proposal. This condition would change the variance to: rear yard setback of 26 feet, and OHW setback of 20 feet. 4. That the driveway be reduced in length to 18 feet so that the structure is further distanced from the lake. In conjunction with the changed location of the deck, this condition would change the variance request to: front yard setback of 18 feet, OHW setback of 28 feet, and rear yard setback of 34 feet. 5. That a minimum of four trees are planted on the north and east sides of the property to screen the structure from the lake. Tree size and species must be consistent with the City of Scandia landscaping requirements. Lombritto Variance Request Page 6 February 1, 2007 City of Scandia 6. That stormwater quality treatment to reduce phosphorous loads from the property be included in the site design. 7. That the Carnelian Marine Watershed District permit is granted. 8. That all fees and escrow payments are made. S ' R21W R'-OW ROW �Y e, •• rr �,.i �P� Mi wiHai T..- f?INi TAN r r W r r w r �• TJON T- • � ' T_MN T29N • w - s THN T'lAN P_7N 1122W R21W R2OW 17 BIG MARINE LAKE Vicinity Map 46 i • r. W • O 200 ✓ / ✓, t i S.I. y BIG MARINE e 'I. ,� Th n�n ua inw d. cvmp4rm p �wriroea«Nr TM•� ' Ownr.rrrw.. R �ft wm•.e•.rr wr+'%Vm mmir:1a •.romw. bi mr�'.�•�..d« Location MapR.ur a tleie N«tl m .l9•m Inbmaw wx• Inaq�: rbwniex]0 xar vr^�a im,,,ry ii mop Anne Hurlburt From: Berry E. Farrington [berry.farrington@tkda.com] Sent: Wednesday, January 24, 2007 3:45 PM To: Anne Huriburt Subject: FW: 18633 Langly Court N For the Lombritto file -----Original Message ----- From: Travis Germundson [mailto:Travis.Germundson@dnr.state.mn.us] Sent: Wednesday, January 24, 2007 3:38 PM To: Berry E. Farrington Subject: 18633 Langly Court N I have reviewed the materials on the proposed structure renovation at 18633 Langly Court North on Big Marine Lake (82-25P) and have the following comments: In general the overall proposed reduction in the existing nonconfromities meets the intent of the ordinance. In particular increasing the structure setback for the OHWL and reducing the overall amount of impervious surface coverage. However, the applicant should be encouraged to relocate the proposed wooden deck along the south side of the structure to farther increase the setback from the OHWL. This would still allow the property owner a clear view of the Lake. The City of New Scandia may also what to consider requiring the applicant to plant several trees around the property to provide screening of the structure as viewed from the lake as a condition of granting these variances. Particularly, since the applicant is proposing erect a 2 story structure. Travis Germundson Area Hydrologist DNR Waters 1200 Warner Rd. St. Paul, MN 55106 651-772-7914 Carnelian -Marine Watershed District Scandia Plaza H, 21150 Ozark Ave. P.O. Box 188, Scandia, MN 55073 January 31, 2007 Anne Hurlburt, Administrator City of New Scandia 15727 209`h Street No. P.O. Box 128 Scandia, Minnesota, 55073 Re: CMWD Comments on Lombritto Variance Request Big Marine Lake Subwatershed Management Area CMWD Comment No. 07-002 Dear Ms. Hurlburt: RECEIVED F EH -1 2007 CITY OF SCANDIA It is our understanding that the proposed variances are for lot size, lot coverage, lot width, Structure road, side yards and lake setback and road frontage. The following Carnelian Marine Watershed District (CMWD) comments pertain to the referenced variance request. The CMWD's primary concerns are the proposed lake setback, lot coverage and lack of stormwater quality treatment. Please provide copies of CMWD comments to the City Planning Commission for consideration at their February 6, 2007, meeting. Proposed project requires a permit from the CMWD as it is located in the Shoreland Zone of Big Marine Lake, and requires a variance. Please make a CMWD Permit a requirement of any variance you may grant for this property. 2. Big Marine Lake is the number one priority lake in the CMWD, with a water quality rating of "A", and an overall management of "protection". 3. Certificate of Survey — Existing. a. Existing Septic System (pipes, tanks, pumping station) related to 201-system need to be shown on plans. b. Lot coverage computation needs to be based on the lot area above the OHW of the lake rather than where the shoreline was on the day of the survey. Lot coverage needs to include decks, steps and walkways. c. The deck on the east end of the property is constructed into the lake bed and needs to be removed regardless of whether or not the variance is granted. Additionally the complete OHW line is not determined because the survey is obstructed by the deck located in the lake, and the actual lake setback may be less than shown. Refer to attached photo. 4. Certificate of Survey — Proposed. a. Proposed Septic System (pipes, tanks, pumping station) related to 201-system need to be shown on plans. b. Lot coverage computation needs to be based on the lot area above the OHW of the lake rather than where the shoreline was on the day of the survey. Lot coverage needs to include decks, steps, walkways and parking areas. The picture of the front view, shown Managers John Bower Richard Bohrer Richard Caldecott Victoria Dupre Steve Kronmiller 430-2793 433-5461 439-7385 439-8266 433-4042 CMWD - (Comments on Lombritto Variance) 1 /31 /07 Page 2 on the certificate of survey indicates that the entire front portion of the lot is used for parking. c. The proposed setback needs to be measured from the actual OHW of the lake at its closest point to the structure. 5. A lot size of only 0.1137-acre is excessively small. A typical urban residential lot with city water and sewer is usually at least 0.25 acres in size. This problem is evidenced by the proposed lot coverage not being close to meeting the required maximum 25% lot coverage. When these lots were initially platted people would only build a small seasonal cabin and they were not intended for permanent year around use. It also should be noted that 10% impervious in a watershed is the point at which a receiving body (in this case the lake) begins to become adversely affected by runoff from development. The building footprint and lot coverage should be reduced to at least meet the 25% lot coverage requirement. 6. The structure can be pulled back further from the lake and closer to the road. Driveway length can be reduced to 18-ft. This will also help reduce the lot coverage. 7. The District often receives complaints of ice heaving along the shorelands. The potential for damage to the structure due to an ice heave is increased the closer the structure is to the shore. 8. The 100-yr Flood Elevation for Big Marine Lake is identified on the certificate of survey. The lowest floor of the proposed structure needs to be at least 2-ft above the 100-yr flood elevation. Assuming the main floor (and garage floor) are the lowest floors (no basement) then the proposed structure meets this requirement. 9. Stormwater quality treatment to reduce phosphorous loads from the property should be included in the site design. Please feel free to contact me at (651) 770-8448 if you have any questions on this comment letter. Sincerely, Daniel A. Fabian, P.E. CMWD Engineer cc: Steven Lombritto, Owner/Applicant John Bower, CMWD Board Member Steve Kronmiller, CMWD Board Member Richard Bohrer, CMWD Board Member Richard Thompson, TKDA (Scandia Planner) CMWD - (Comments on Lombritto Variance) 1 /31 /07 Page 3 . • titi ti ,AO L _.: r . { y., l7 Sources: CMWD, Washinqton County, Mn/DOT, Met Council January 19, 2007 CMWD\PERMIT PROGRAMIGIS4nxdlpennits 06.mxd CITY OF SCANDIA, MINNESOTA RESOLUTION NO.: 02-06-07-02 LOMBRITTO VARIANCE REQUESTS FOR 18633 LANGLY COURT NORTH WHEREAS, Steven Lombritto has made application for variances for front yard setback, side yard setback, rear yard setback, setback from the Big Marine Lake Ordinary High Water level, minimum lot size, lot width and road frontage, buildable area, and impervious surface to allow construction of a new single family home, located at 18633 Langly Court North; and WHEREAS, the property is legally described as Block 4, Lot 15, Bliss Plat First Division, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on February 6, 2007, 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 request of Steven Lombritto for the above -described variances, based on the following findings: 1. Reasonable Use: The property cannot be put to reasonable residential use because the existing home does not meet today's standards in terms of size, number of bathrooms, and other features. 2. Unique Circumstances: The lot dimensions make it impossible to construct a home on the property without variances. The circumstances are not created by the property owner because it is a pre-existing. nonconforming lot. 3. Essential Character: The proposed house would not further encroach into the setbacks than does the existing house. The proposed home improves the side and rear yard setbacks, OHW setback, and impervious surface, compared to the existing home. Previously granted variances for home additions and new, large accessory structures in the neighborhood indicate that the character of the neighborhood is in transition, and the proposed structure fits with the emerging character of the neighborhood. Resolution No.: 02-06-07-02 Page 2 of 3 FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the proposed home is located per the Certificate of Survey signed December 15, 2006, except for as dictated by the conditions of approval stated below. 2. That the pitch of the roof and/or the floor height be reduced so that the structure is 25 feet or less in height. 3. That the proposed deck is relocated to the south side of the home or removed from the proposal. This condition would change the variance to: rear. yard setback of 26 feet, and OHW setback of 20 feet. 4. That the driveway be reduced in length to 18 feet so that the structure is further distanced from the lake. In conjunction with the changed location of the deck, this condition would change the variance request to: front yard setback of 18 feet, OHW setback of 28 feet, and rear yard setback of 34 feet. 5. That a minimum of four trees are planted on the north and east sides of the property to screen the structure from the lake. Tree size and 'species must be consistent with the City of Scandia landscaping requirements. 6. That stormwater quality treatment to reduce phosphorous loads from the property be included in the site design. 7. That the Carnelian Marine Watershed- District permit is granted. 8. That all fees and escrow payments are made. Adopted by the Scaiiciia City Council this 6th day of February, 2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ Clerk F LK- l -:a�:f t: , .r THE LC)Mt!)F -11 1 1 Oovk 944300114 140,R10 18633 LANGLY COURT NORTH CoUi, MARINE ON ST. CROIX9 JgO53 -,,,-0056 pID -51 -312-20 -0 WASHINGTON COUNTY! MINNESOTA (SEE LEGAL DESCRIPTION BELOW) FOUND 1/2"IRON PIPE FRONT VIEW OF 18633 LANGLY COURT NORTH. LOT 16, MARKEDRLS 12660 ELEV. 944.05 zi I it� I X943,77 FOUND 16 x943.76 SOUTH LINE OF LOT 1/2-IRON PIPE N 8812'42* E 106.23' MARKED N-3-- RLS 12660 --76 ELEV. 943.73 943. ,.±12.10' x SA 94.13' p Ln 943.65 X 9�43 89 X943.74 X943.55 X 9 43.61 X-9-43.69 X9 3.62 WATER x943.63 943-70 15-91, 0 W) NO WELL X 943.61 13 . ( x943.65 NORTH LINE: OF LOT 15 943-5 7 R + GM w in WATER ELEV.= x943.71 X943.73 x943.59 .70 940.38 (NAVD 88) !A X943.68 X943.79 943 941, 6 (11/19/2006) 943.80 CA - BOAT PARKING AREA BOAT PARKING AREA --944 3&44• _ Z X943.77 WOOD DECK ORDINARY HIGH WATER x 945-06 ELEVATION 10 C)4-4-5 0 (OHW) TTONWOOD .15 942.2 10- op, 20 -j150 x 4. coup-T vAo?,, - 0 4 7.347 8.638 SIV"A to .01i N GO SQUARE FEE 0 CIO 0 BIG M G, -X94.3.86/ 3- LP I AREA - 1'03AREA us �A - " . :)IPRIN corr-RE0 . cr BUILDING Fol :51_032.-20-' oc ttacLuDmG LAI 4-oO55 ul )(944.01 Lp I /, i� 001) DE -Cy- - . I li v% (MINNESOTA Pf X94486 . " . !A GPRp,(3E FLOOR oLD 0- , rn INVENTORY ID X944 40 ELENJAI'ON THRESH x 4197 FEE" 945. 24 ELEV 942. 1346-13 E OE) ORDINARY HIGH WATEI 436 20.1!y .6 0 ck- PA HIGHEST RECORDED El SURF N 9, 4r . G ` 0 0 LOWEST RECORDED EL o -4 5.77 9 0 X944.09 a) .0 945.0 ,�.3. 45� 5-- LAST READING = 940 Og45. 991 X 944.10 ADJACENT P GPERTY 94439 AREA SI-F (NGVD 29 ELEVATION. DEPARTMENT OF NA' ID 31-032-20 14-0064 x944.28 16 LANGLY CO FIT NORTH COVERED WOOD 52 "LAKE FINDER" WEB`_ VVV.31 x 01 -1 94 X944,40 1p PREP VE� psy ll� ()44.34 ,j%AG �a� ZQ5 S 100-YEAR FLOOD ELE yL x 944.13 5jk%cy- Q944.19 x944.31 \ > \ (A D INSUI X9 4.4 in S PER FLOOD x944.5 x 9 44.41 COMMUNITY PANEL t x944.06 x944.18 DATED MAY 17, 198 X94-4. 6 LINE OF LOY 15 X'944.5 Lo SOU 944.59 -944-� q4-.(49 9 .5 X944 87 X, A:12 7 0 PP GUY WIRE 22"COTTONWOOD 94' _�o�4 PRO EP-IY-UNF-)-- 944.76 A43.99 X944 6 90.68 X944.87 - �UND 1/2-IRON PIPE .X9 .98 MARKED NORTH LINE 0 RLS 12660 X943.74 OT 14JJJ ELEV. 944.80 _x 944.24-- 88'45'58" W 103.47' x x 4,65 00, xV,: 98 944,33 944.37 MAIL BOXES x944.16 FOUND ADJACEN ,RESIDENCET"NoR-TH LOT 14, NOTE: SUBJECT F 1/2-IRON PIPE 18623 LANGLY --C6U.R- ZONED "C" (ARE!' 943.92 MARKED PID 31-032-20-14-0054 AND "A2" (AREA RLS 12660 ER: STEvEN ROTIER BASE FLOOD ELE ELEV. 943.78 OWN FACTORS DETERM FEDERAL EMERGE FLOOD INSURANCI PANEL NUMBER � MAY 17, 1982, W MINNESOTA. THE FOR BIG MARINE LEGEND m --2 THE LOMBRITTO PR..-OPEt _T - - - w�E'jAta PROPOSED SITE PLAN alA T GARAGE OR�N ADJACEN 18633 LANGLY COURT NORTH Y COURj N 18653 1 AN0 2G-1�pp56 p10 31-p32 MARINE ON ST. CROIX9 i WASHINGTON COUNTY, MINNESOTA 944_ (SEE LEGAL DESCRIPTION BELOW) FRONT VIEW OF 18633 LANGLY COURT NORTH. m LOT 16, FOUND 1/2"IRON PIPE 0o MARKED RLS 12660 u ELEV. 944.05 FOUND x 943.77 1/2-IRON PIPE - SOUTH U14E OF LOT 16 x943.76 MARKED N 88 '12'42" E 106.23' RLS 12660 ELEV. 943.73 - - 943� _ gq3 3 fi At12.10;� 943.65 x 943.89 - - _ _ _ -- x 943.55 94.13' x 943.61 x 943.74 - - - - - x943.58 N rn x EL1aE) ` x9 3.62 WATER a -_ 26 41' (SH a WELL E x 69 \V 9A33D x943.65 NORTH LINE OF LOT 15 x943.61 r r \ GM 943. 20.99' (DHW) w in J�j 1 x 943.71 x 943.73 x 943.59 © �g 00� WATER ELEV.= i� x943.68 x943.79 w 94330 88) <94-80 L4 X (11/ 9/2006) - � x941. 6 I � 1 --- 31.10 .- : '944- OPOSED PROPOSED 3.77 FIREPLACE ox'Y W1N00`N A p ORDINARY HIGH WATER rn \ x '� 9ga5 9450606 20.15 ELEVATION (OHW) "gg6TTONWOOD xr N N O / O 942.2 I Rp. ov's� . x 4.46 `' A m t15- WELIN o KENO V /'�T10N N v � ,a.02 c °R BIG �n ox943.86 27�fi D o a LTG M y ()SF -ID N I y. k rc� row '° V. PROP LpNGtY COURT tS0 0 o c o rn N o�v . w v I j$63 gU11A foolp FEE rn I > LA] 943,60 O�x 944.01 �' c. r O\ ING T 0 > /f Z . o x94 8s �yEW GARAGE p EA = 1.3g4 SQUARE n N l _14-0055 (MINNESOTA x9 40 +v I PID 31-032-20m o 1 INVENTORY [ x 4 .97 0 C?. W O. O 1 Q WPC GARAGE �OO945.74 MAIN FLOOR 13 K942.2 p�S�o �VATON ELEVA-"ON = g� B RopoSED DOW 26.65 ORE(,V )\ ORDINARY HIGH WATE 1 pRQ \ Tr 6 p HIGHEST RECORDED E o: O x 94 .09 FACE AR 0 y 8.00 J- 21.09 a a C' \ LOWEST RECORDED E p N J 'm SUR tO g4 LAST READING = 94( ADJACENT P OPERTY o 945• 1 x944.10 IVATION 6 LANGLY C RT NORTH 5 o 31.10' x944.39 N` ID 31-032-20 14-0064 '� 1 O ✓ x944.28 31 4 52 \ 1� `o (DEPARTM D29 EPARTMENT OF NA 944. x944.40 �4 LAKE FINDER WEB' 20.15' \ N10 D' \- x944.4 �^ x944.31 0 �\ 100-YEAR FLOOD ELI x944.5 x944.41 4 (AS PER FLOOD INSU •o -✓) x944.18 y. � r � `.. \v � COMMUNITY PANEL ' pa• v ' ` 43.87 �44 9 SOUTH LINE OF LOT 15 x944�5 DATED MAY 17, 19E \/�'�) x944.59 \5- x944.85�`1 O 944 Tf� rr GUY WIRE �� \ 22"COTTONWOOD x944.49- - - - - O943_99 _ r_ . 90.68 t1217@ / 9 ' 07 �ON�J30PERSLLINE� - / T 944.76 70 �ff� x944:36 ' x944.87 r� x943.74 �• " ' --- - - - - -- -- - FOUND .98 x944.24-- S 88 45 58 W 103.47 65 1/2"IRON PIPE O x9, 414 1 MARKED m _ NORTH LINE i0T 14 RLS 12660 m x 943.98 944.33 ` \ ELEV. 944.80 944.37 r O / MAIL BOXES 5000 x944.16 1/2�IRON PIPE � --- � - LOT 14, NOTE: SUBJECT MARKED ZONED "C" (ARE, f =� 943.92 RLS 12660 Z AND A2" (AREA ELEV. 943.78 BASE FLOOD EL FACTORS DETERW FEDERAL EMERGE z1 FLOOD INSURANC PANEL NUMBER : c1 - MAY 17, 1982, N MINNESOTA. THE FOR BIG MARINE LEGEND mk:'. Meeting Date: 2/6/2007 Agenda Item: PC Q) Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Review and discuss a rough draft of new mining regulations for the City of Scandia. Deadline/ Timeline: Background: • The city is now responsible for all regulation of sand and gravel mining in Scandia. The current ordinances governing these operations date mostly from 1989 are in need of review and updating. • The Planning Commission and Town Board reviewed an outline of proposed regulations at a workshop meeting on November 28, 2006. • Planning consultant Richard Thompson of TKDA; working with City Attorney Hebert and Administrator Hurlburt, has prepared a first draft of an ordinance for review with the Commission and Council. He will be present at the February 6 meeting. • The existing ordinances would be repealed, and the mining ordinance would become Chapter 4 of the Development Code. The process for amending a zoning ordinance (public hearing by the Planning Commission before adoption by the Council) would be followed. Recommendation: The Commission and Council should review the draft ordinance, and give any feedback or suggestions. The recommended next step is to send a copy of the second draft to the mining operators and interested citizens for their review, and discuss it at the March 6 Planning Commission meeting prior to scheduling a public hearing (potentially at the April 2 meeting.) Attachments/ • Draft ordinance Materials provided: Contact(s): Richard Thompson, TKDA (651-292-4474) Prepared by: Anne Hurlburt, Administrator (mining draft) Page 1 of 1 02/01/07 DRAFT 2-1-07 CITY OF SCANDIA DEVELOPMENT CODE MINING ORDINANCE Table of Contents SECTION 1. INTENT AND PURPOSE................................................................................ 1 SECTION 2. SCOPE AND APPLICABILITY...................................................................... 2 SECTION3. GENERAL PROVISIONS............................................................................... 2 SECTION4. DEFINITIONS................................................................................................. 4 SECTIONS. APPLICATION................................................................................................. 7 SECTION6. OPERATING CONDITIONS........................................................................ 11 SECTION7. RECLAMATION............................................................................................ 20 SECTION 8. INSURANCE, FINANCIAL GUARANTEES, FEES & INSPECTIONS ... 23 SECTION 9. VIOLATIONS & PENALTIES...................................................................... 23 SECTION 10. TERMINATION OF PERMIT.................................................................... 24 SECTION 11. EFFECTUATION........................................................................................ 24 DRAFT 2-1-07 ORDINANCE No. MINING Gravel and other mineral deposits are a valuable resource, available in generous quantities in the City of Scandia. This Ordinance was developed to establish conditions whereby these mineral deposits, primarily gravel, will be made available for general use. This Ordinance also provides guidelines protecting natural resources and adjacent areas from adverse impacts and for restoring the land to a usable, attractive condition after the mining operation is finished. Owner/operators of gravel pits must comply with Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and Minnesota Health Department regulations when any groundwater (aquifer supply) is used or affected in the mining process. Asphalt operations or concrete plants, either portable or permanent, and any new operations or existing operations that are substantially expanding or changing must have a Conditional Use Permit from the City of Scandia. This mining regulation is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 394. SECTION 1. INTENT AND PURPOSE 1.1 Short Title. This Ordinance shall be known, cited and referred to as the City of Scandia Mining Ordinance; except as referred to herein, where it shall be known as, "This Ordinance." 1.2 Purpose. This Ordinance is adopted for the purposes of: (1.) Providing for the health, welfare, and safety of the community by regulating the removal of sand, rock, soil, and other natural deposits in the City of Scandia. (2) Providing for the economic availability and removal of sand, gravel, rock, soil, and other materials vital to the economic well-being of the region. (3) Establishing regulations, safeguards and controls regarding noise, dust, traffic, drainage, groundwater quality and other factors which will minimize the environmental and aesthetic impacts on mined or adjacent property. (4) Reducing the potential for pollution caused by wind, soil erosion and sedimentation. (5) Establishing locations, orderly approval processes and operating conditions under which mining operations will be allowed and establishing conditions which ensure the restoration of mined areas consistent with the existing and planned land use patterns. City of Scandia, Minnesota Page 1 Development Code DRAFT 2-1-07 (6) Ensuring compliance with the regulations established in this ordinance on those mining operations presently operating in Scandia. SECTION 2. SCOPE AND APPLICABILITY 2.1 Adoption of the City of Scandia Mining Chapter 4 of the Development Code (1) There is hereby adopted, for purposes of regulating the removal and processing of sand, gravel, rock, soil or other deposits, the City of Scandia Mining Chapter. This Chapter applies to all lands within the City of Scandia. Where this Chapter imposes a greater restriction upon the land than is imposed or required by other existing provisions of law, ordinance, contract or deed, the provisions of this Chapter shall control. SECTION 3. GENERAL PROVISIONS 3.1 Pre -permitted Uses. Mining operations operating with a valid Conditional Use Permit issued by Washington County, the Town of New Scandia, and in compliance with the terms and conditions of said Conditional Use Permit(s), shall be permitted to continue subject to the following: (1) Such uses shall not be permitted to expand, either in size or use, beyond the limits set forth in the Conditional Use Permit without first obtaining a new Conditional Use Permit. 3.2 A Conditional Use Permit (CUP) is required for all mining operations and is subject to the following: (1) The operation of a mining operation without a valid Conditional Use Permit or an operation in violation of Section 3.2 (2) is declared to be a nuisance, and it shall be unlawful for any person, partnership, company or corporation to engage in mining in violation of this section, or for any property owner to permit a person to mine the property owner's property in violation of this section. (2) Existing operations must apply for a Conditional Use Permit from the City 90 days before expiration of the CUP from Washington County. The terms and conditions of the Washington County CUP shall apply until the City of Scandia issues a new CUP. If no permit is applied for and/or subsequently issued, all mining operations shall cease and the property restored in accordance with the provisions of this Chapter. (3) For new mining operations, the Applicant must apply for a Conditional Use Permit based on Section 5 of this Chapter. In cases where a mandatory or discretionary EAW is required, or an EIS is required, those documents shall be prepared and accepted by the RGU before application for a CUP. City of Scandia, Minnesota Page 2 Development Code DRAFT 2-1-07 (4) In order for the City of Scandia to grant a Conditional Use Permit for a new mining operation or the expansion or change in use of an existing operation, all of the following criteria must be met: (A) The property is at least 40 acres in size; (B) All other standards for approval of a conditional use permit as contained in Chapter One, Section 7, of the Scandia Development Code are met; (C) The operation is consistent with the Scandia Comprehensive Plan; and (D) Compliance with all provisions of this Chapter. (5) The standards which apply to these permits may be varied by the City according to the structure and size of the operation, and to factors presented by the mine operator. 3.3 The City Council of the City of Scandia shall issue the Annual Operators Permit (AOP) as required by this Chapter subject to the following: (1) Prior to the issuance of the Annual Operators Permit, the annual report and application shall be submitted to the Zoning Administrator who will review it to see that it complies with the requirements of this Chapter. If the operator's application conforms to the requirements of this Chapter, and the inspection report indicates compliance with the terms of the CUP and AOP, the Annual Operators Permit may be issued. (2) Annual Operators Permit Application (Contents) (to be addressed) 3.4 Fees and Escrows: (to be addressed) 3.5 Revocation: (to be addressed) SECTION 4. DEFINITIONS 4.1 For the purpose of these regulations, certain terms and words are hereby defined as follows: (other terms are defined in the Zoning and Subdivision Chapters) (1) Bond. Any form of security including a cash deposit, surety bond, collateral, or instrument of credit in an amount and form satisfactory to the City of Scandia. All bonds shall be approved by the City of Scandia wherever a bond is required by these regulations. (2) Confined Aquifer. Groundwater underlain by a confining layer of impermeable material. City of Scandia, Minnesota Page 3 Development Code DRAFT 2-1-07 (3) Grading. The removal, depositing, or moving of more than 50 cubic yards of sand, gravel, rock, soil, clay or other deposits in less than a one(1) year period on any parcel. (4) Groundwater. Water contained below the earth's surface in the saturated zone. (5) Holiday. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (6) Mining Season. The period, not to exceed one year, contained within any calendar year. (7) Operator. The person, partnership, company, corporation or other business entity engaged in or proposing to engage in a mining operation. In the event the operator is not the fee owner of the land to be mined, then the fee owner's consent shall be required. (8) Organic Soil. Soil that sustains and facilitates healthy plant growth. (9) Overburden. Those materials which lie between the surface of the earth and the mineral deposit to be mined. (10) Processing. Any activity which may include the crushing, washing, stockpiling, compounding, mixing, or treatment of sand, gravels, rocks, or similar mineral products into consumable products such as construction grade sand, gravel, concrete, asphalt, and other similar products. 01) Reclamation._ Restoration, Rehabilitation To renew land to a self-sustaining, long term use which is compatible with contiguous land uses and which process shall include the reestablishment of vegetation, soil stability and establishment of safe conditions appropriate to the intended use of the land in accordance with the City's Comprehensive Plan and the Conditional Use Permit conditions allowing for excavation and/or processing on the site. (12) Stockpiling. Storage of processed or raw materials on the site of the sand, gravel or rock operation. (13) Topsoil. That portion of the overburden which lies within the "A" and "B" horizon of soil closest to the surface and which supports the growth of vegetation. (14) Unconfined Aquifer. Groundwater not naturally protected by a confining bed, also known as the water table aquifer. City of Scandia, Minnesota Page 4 Development Code DRAFT 2-1-07 SECTION S APPLICATION 5.1 The application for a Conditional Use Permit for a mining operation must be filed with the City of Scandia Zoning Administrator. The Zoning Administrator shall follow procedures prescribed in Chapter One, Section 7, Conditional Uses, of the City of Scandia Development Code. Application for renewal for a permit must be made 90 days prior to the termination of the previous permit. The application must be made in the name(s) of the operator of the mine and owner of the land to be mined. 5.2 The application shall contain the following: (1) The name and address of the operator and owner of the land. (2) An accurate legal description of the property where the mining shall occur. (3) Names of the adjacent landowners including all those within a one-half (1/2) mile radius of the property. (4) A narrative outlining the type of material to be excavated, mode of operation, estimate of amount of material to be removed, plans for blasting, estimated time to complete the removal, and other pertinent information to explain the request in detail. (5) All fees and escrow amounts as established by resolution of the City Council of the City of Scandia. (6) Survey indicating property boundaries. (7) A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed excavation with topographic data, including contours at 2 foot vertical intervals. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping. Interpolated contour data from U.S.G.S. Quadrangle maps is not permitted. (8) A general location map and aerial photo showing the proposed mining site in relation to the community. (9) A map showing access routes between the property and the nearest arterial road. (10) Roads or streets: show name, right-of-way width and traveled portion width. (11) Easements Plan: show widths and identify utility or other purposes. (12) Natural land features: show locations of watercourses and drainageways, flood elevation, wetlands, sinks, basins, and wooded areas. City of Scandia, Minnesota Page 5 Development Code DRAFT 2-1-07 (13) Natural Resources: includes other surface water, groundwater depth, flora, fauna, and any other natural features in the rural environment. (14) Man-made features: show buildings and other structures, dams, dikes, and impoundments of water. (15) Adjacent land features: all of the standards above shall apply to delineation of the area within 300 feet of the perimeter of the mined area. In addition, show all platted subdivision lots, metes and bounds parcels, and all homes within 1/4 mile of the property boundaries. (16) Cross -sections: a minimum of 1 cross-section for every 10 acres running north/south and east/west, showing the extent of overburden, extent of sand and gravel deposits, the groundwater level, and any evidence of the groundwater level in the past. Additional cross sections may be required at the discretion of the City, (17) Processing areas: all processing areas shall be identified and boundaries shown to scale. (18) Access road: access roads to processing and mining areas shown to scale. (19) Staging: Sequences of operation showing approximate areas involved shown to scale and serially numbered with a description of each. (20) Berms: location of screening berms shown to scale, and notes provided indicating when they will be used as reclamation material. In the same manner overburden storage areas shall be identified and noted. (21) Fences and gates: fences and gates shall be shown on the site map, and their type or construction shall be described and illustrated. (22) Building locations: proposed location of principal service or processing buildings or enclosures shall be shown, as well as location of settling basins and process water ponds. (23) Drainage Plan: existing site drainage features shall be shown and flow directions indicated. A plan for handling surface drainage during operation shall be developed. (24) Groundwater Plan: a plan for groundwater quality protection shall be submitted with the application. The plan shall include a minimum of 3 borings showing depth to groundwater. If groundwater is not encountered at a depth of 15 feet below the bottom of the proposed pit floor, the applicant need not extend borings any further. The City reserves the right to require additional borings if necessary. (25) Lighting Plan: set forth the planned lighting of the area and any other equipment or structures that will be installed or built, shall be shown on a plan. City of Scandia, Minnesota Page 6 Development Code DRAFT 2-1-07 (26) Reclamation plan: in conformance with Section 7. (27) Blasting Plan: if blasting is proposed as part of the mining operation, the operator must indicate frequency, timing, size, duration and develop a blasting plan. (28) Any other information or reports the City deems necessary for purposes of evaluating environmental or aesthetic impacts. 5.3 A mandatory Environmental Assessment Worksheet shall be required for development of a facility for the extraction or mining of sand, gravel, stone or other nonmetallic minerals which will excavate 40 or more acres of land to a mean depth of 10 feet or more during its existence. The City of Scandia will be the responsible governmental unit for the preparation of the Environmental Assessment Worksheet. (Chapter M.S. 4410.4300 Subpart 12.) 5.4 A Mandatory Environmental Impact Statement shall be required for the development of a facility for the extraction or mining of sand, gravel, stone or other nonmetallic minerals, which will excavate 160 acres of land or more to a mean depth of 10 feet or more during its existence. The City of Scandia will be the responsible governmental unit for the preparation of the Environmental Impact Statement. (Chapter M.S. 4410.4400 Subpart 9.) 5.5 Protection of Groundwater. The maximum depth of excavation shall be established so that groundwater quality is protected. This depth of excavation shall be established by the City and will be based, in part, upon soil characteristics, depth to groundwater, nature of mining proposed, and local use of the aquifer. Mining shall be allowed in confined aquifers only if it is demonstrated that no wells are using the aquifier for domestic or agricultural use or if the mine operator agrees to replace the well for those affected. Excavation into unconfined aquifers must be closely monitored and conducted according to the conditions of the permit. If it is determined in the course of the mining that the mining operation has impacted the well of any resident within 1 /4 mile of the mining operation, the operator of the mine shall be responsible for the digging of a new well. No extraction operations shall be conducted in such a manner as to permanently lower the water table of surrounding inhabited properties or any other water body. An Environmental Assessment Worksheet shall be required for any operation in which mining is proposed below the groundwater level. 5.6 All provisions of the Minnesota Environmental Quality Board Environmental Review Program must be complied with. 5.7 Permits from the Minnesota Pollution Control Agency may be required for a mining operation in relation to air, noise, and water quality. An air quality permit may be necessary for smoke stack discharges from processing plants or fugitive dust from operating areas. If the mining operation discharges water (from pit de -watering and/or gravel washing), a State Disposal System permit or a National Pollution Discharge Elimination permit may be necessary from the Minnesota Pollution Control Agency. As a City of Scandia, Minnesota Page 7 Development Code DRAFT 2-1-07 condition of any permit issued pursuant to this Ordinance, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary. 5.8 Permits from the Minnesota Department of Natural Resources may be required in the event any type of work is proposed in public waters or if there is a need for de -watering the pit to gain access to sand, gravel and rock. A permit may also be needed for a well in connection with a washing facility. As a condition of any permit issued pursuant to this Ordinance, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary. 5.9 A mining permit must include a surface water protection plan to address on -going monitoring; accident response and remediation. 5.10 Any mining operation having access from a State or County highway must obtain an access permit from the respective agency. A turn lane and/or bypass lane may be required by the respective agency to reduce the risk of traffic safety hazards. The cost of construction of a turn or bypass lane shall be the sole expense of the operator. 5.11 Abandoned wells must be sealed in accordance with State and County requirements. SECTION 6. OPERATING CONDITIONS 6.1 Operating Conditions. The following operating conditions and standards must be met for all mining operations. Adherence to these conditions and standards must be included in an Operation Plan addressing each of the provisions below. (1) Setbacks. No mining, stockpiling or land disturbance shall take place within: (A) 50 feet of adjoining property lines; (B) 200 feet of any existing occupied structures not owned by the operator or owner; (C) 100 feet of any contiguous property subdivided into residential lots of 5 acres or less (D) 100 feet of any road right-of-way of any existing or platted street, except the amount of material stockpiled on the effective date of this Ordinance may continue but not be expanded. Mining may be allowed up to 50 feet of the road right-of-way so long as the property is restored to 100 feet within one mining season as set forth in the approved reclamation plans, and; (E) If two or more mining operations are contiguous to one another, the common boundary may be mined if the City approves the respective restoration plans. City of Scandia, Minnesota Page 8 Development Code DRAFT 2-1-07 (2) Fencing. Where deemed necessary by the City of Scmidia for the pfotection of the general public, a fence shall be constructed prior to the commencement of the operation enclosing the area authorized by the permit to be mined. Where fencing is required by the City of Scandia, said fence shall be, at a minimum, a three strand wire fence and the fence shall be posted with warning signs. The City of Scandia reserves the right to require alternative fencing standards if conditions warrant. The fence shall be maintained and shall remain until reclamation is determined to be complete. (3) Hours of Operation. Those portions of the mining operation consisting of excavating, stockpiling, processing, or hauling shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless other hours or days of operation are specifically authorized by the City. No such operations shall be allowed on Holidays unless approved by the City. Retail sales of product is allowed on Saturdays between the hours of 8:00 a.m. and 12:00 p.m. Blasting shall only take place between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Blasting is not permitted on Holidays. In cases of public emergencies, such as road washouts or blockages caused by flooding, adverse weather or other conditions, hours of operation may be extended with the consent of the City Administrator, or in the absence of the City Administrator, the Mayor. In cases of time constraints on completion of road construction before the end of the construction season caused by adverse weather conditions and in the cases of major road or highway construction projects which cause substantial inconvenience to the traveling public, hours of operation may be extended with the consent of the City Administrator, or in the absence of the City Administrator, the Mayor. Application for extended hours shall be made at least two (2) days prior to the day or days on which extended hours are requested. The applicant shall furnish such information or documentation as may reasonably be requested to support the application. If extended hours are permitted, operations shall be strictly limited to those hours for which permission is granted. (4) Screening. Where deemed necessary by the City, extracting and processing operations shall be screened or located in such a manner as to minimize their visual impact on surrounding properties. To minimize their visual impact on surrounding properties, a continuous screen shall be installed and maintained, either along the street or along the perimeter of the visible portion of the area being operated. The following shall serve as the minimum performance standards for screening and may be varied as determined by the City: (A) The screen shall have a total height of not less than six feet and shall consist of one or more of the following types: City of Scandia, Minnesota Page 9 Development Code DRAFT 2-1-07 (1) Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of four inches thick. (2) Berms. A berm shall be constructed of earthen materials, and it shall be landscaped. (3) Fences, Solid. A solid fence shall be constructed of wood and shall form a continuous screen. (4) Fences, Open. An open weave or mesh -type fence, when not used in combination with a berm, shall be combined with plant materials to form a continuous screen. (5) Planting. Plant materials, when used as a screen, shall consist of dense evergreen plants or a majority of dense evergreen plant materials combined with deciduous plants provided a continuous screen is established. They shall be of a kind or used in such a manner so as to provide a continuous screen within 24 months after commencement of operations in the area to be screened. Plant materials shall not be limited to a maximum height. Said design shall be prepared by a licensed landscape contractor or a landscape architect. Required screening shall be installed prior to commencement of operations The City may require that either (1), (2), or (3) above shall be installed if, after 24 months after commencement of operations in the area to be screened, plant materials have not formed an opaque screen, or if an opaque screen is not maintained. (B) Required screening shall be setback at least 20 feet from the point of intersection of. (1) A vehicular accessway or driveway and a street; (2) A vehicular accessway or driveway, sidewalk, or trail, and (3) Two or more vehicular accessways, driveways, or streets. (5) Dust Control. The owner must construct, maintain and operate all equipment in such a manner as to minimize on -site and off -site dust conditions. All operations shall meet the standards of the Minnesota Pollution Control Agency. The driveway access to the sand and gravel operation must be setback at least 25 feet from neighboring property lines. The owner, as part of the Conditional Use Permit, must prepare a dust control plan. The operator shall maintain all ways and roads within the site to minimize dust conditions by providing such surfacing or other treatment as may be deemed necessary by the City. The treatment shall produce no potential pollution hazards to the ground and surface waters of the area. All gravel pit access roads shall be provided and maintained with a dustless, City of Scandia, Minnesota Page 10 Development Code DRAFT 2-1-07 non -oiled surface not less than twenty-two (22) feet wide from the connection to a public road to a point within one hundred (100) feet of the loading area. Access roads shall also be constructed and maintained in such a manner that the deposit of earth materials on public roads is minimized. The City may require a blacktopped road if deemed necessary. (6) Noise. All equipment and other sources of noise must operate so as to be in accordance with Federal, State and City noise standards. A noise mitigation plan shall be prepared by the mine operator and provided to the City. (7) Depth of Excavation. The maximum depth of excavation may be regulated based on groundwater protection and/or the ability to restore the property. (8) Site Clearance. All stumps and other debris resulting from the excavation or related activities shall be disposed of by approved methods. (9) Appearance/Condition. The operator must maintain buildings, processing plants and equipment in a neat condition. Weeds and other unsightly or noxious vegetation shall be controlled as necessary to preserve the appearance of the landscaped area. Existing trees and topsoil along existing public rights -of -way shall be preserved, maintained and supplemented for the depth of the setback or as stipulated in the conditional use permit or excavation permit. (10) Sanitary Facilities. Sanitary sewer provision through an approved septic system or portable sewer facilities shall be provided (11) Waste Disposal, Any waste generated from the mining operation, including waste from vehicle or equipment maintenance, shall be disposed of in accordance with Federal, State and City requirements. (12) Water Quality Monitoring. Water quality monitoring when required shall conform to the following standards: Water from monitoring wells and water collected or discharged from the mining area shall be analyzed until one year after reclamation is completed. Samples from monitoring wells shall be taken and testing results submitted prior to the annual permit renewal. More frequent monitoring may be required by the City. Sampling and testing shall be done by an independent testing laboratory or an agency chosen by the City. Monitoring wells shall be sealed one year after reclamation efforts are complete if the site is determined to be uncontaminated. Water samples shall be analyzed to determine the level of nitrates, pesticides, herbicides, and other contaminates may be required by the City. (13) Fuel Storage. Any mining operation must meet Federal, State and City requirements for storage of fuels. The mining operator must prepare a Pollution Prevention Plan and submit it to the City. City of Scandia, Minnesota Page 11 Development Code DRAFT 2-1-07 (14) Contingency Response Plan. The operator shall prepare a Contingency Response Plan and employee training to facilitate immediate and beneficial response should any accident, release of containment, or other spills occur, This CPR must be on file with the City and its fire department. (15) Added Provisions. The operator must comply with such other requirements that the City of Scandia, from time to time, may find necessary to adopt for protection of the health, safety, welfare and prevention of nuisance in the area. (16) Processing. Any mining operation in which processing is proposed must meet the following performance standards: (A) A conditional use permit is required for any new or existing mining operation which desires to add processing equipment on -site, except as provided in (C) below. (B) The application must include the nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water. (C) Operators who wish to have processing equipment on a temporary basis (processing to be done no more than fifteen (15) working days a calendar year, excluding time for assembly and disassembly) shall apply for a Certificate of Compliance and meet the following criteria: (1) Only materials removed on site are allowed to be processed. No materials may be hauled onto the property for processing, unless all material can be processed during the fifteen (15) day time period. (2) Setbacks as outlined in Section 6.1 (1) must be met. (3) All Federal, State and City air, water and noise standards must be met. (4) Processing shall not take place more than fifteen (15) working days per year. (5) Crushing equipment must be placed in the bottom of the pit area if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact. (D) Operators desiring to have permanent processing equipment (more than fifteen {I 5) days per year) on site must meet the following standards: (1) All Federal, State and City air and water quality, and noise standards must be met. City of Scandia, Minnesota Page 12 Development Code DRAFT 2-1-07 (2) Processing equipment must be screened from view from property lines and the road. (3) Crushing equipment must be placed in the bottom of the pit if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact. (4) Setback requirements as set forth in Section 6.1 (1) of this Ordinance must be met. (E) A temporary processing plant in conjunction with a specific road project, located in the right-of-way or proximity to the subject road, will be allowed subject to the following conditions: (1) All Federal, State and City air, water and noise quality standards must be met. (2) A Certificate of Compliance must be obtained from the City Zoning Administrator. (3) The processing equipment must be located so as to minimize its effect on surrounding property owners. (4) The processing plant shall not be on the property for more than 120 calendar days. (5) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining. (6) A bond or other financial gaurantee, in an amount determined by the Zoning Administrator, must be posted to assure restoration of the site. (17) Recycling. The crushing/processing of used aggregate, concrete and asphalt will be permitted subject to the following conditions: (A) Recycling in conjunction with a specific road project and within the right- of-way or proximity to the subject road, shall be permitted for a maximum of 120 days subject to obtaining a Certificate of Compliance and to the following standards: (1) The processing equipment must be located so as to minimize the effect on surrounding property owners. (2) Site selection shall not have a negative effect on the public health, safety and welfare. City of Scandia, Minnesota Page 13 Development Code DRAFT 2-1-07 (3) All Federal, State and local air, water and noise quality standards must be met. (B) Recycling in conjunction with an approved mining permit shall be allowed as part of original or amended CUP subject to the following conditions: (1) Standards contained in Section 6.1 (14) must be met. (2) An estimate of the amount of material to be processed must be submitted. The pile of material to be recycled shall be limited to the amount that can reasonably be processed in two consecutive mining seasons. (18) Trucking Operations. All new mining operations must have access to the pit area from a nine (9) ton blacktop road, unless the applicant can demonstrate to the City that conditions are such in a particular area that access to a gravel road will not adversely affect the public health, safety or welfare. The operator shall ensure all loads leaving any pit regulated by this ordinance are loaded so as to comply with State Law. (19) Asphalt Plants and Concrete Ready Mix Plants. A Conditional Use Permit shall be required for any new or existing mining operation that wishes to have a permanent asphalt plant and/or a concrete ready mix plant. Temporary asphalt plants and concrete ready mix plants may be allowed if the following conditions are met: (A) Operators desiring to have a temporary asphalt plant and/or a concrete ready mix plant must meet the following standards. (1) Asphalt plants and concrete ready mix plants must not be on the property for more than fifteen (15) days per year. (2) All setbacks as set forth in Section 6.1 (1) of this Chapter must be met. (3) All Federal, State and City air, water and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (4) Equipment must be located in such a manner as to have the least environmental and aesthetic impact. (B) Operators desiring to have a permanent asphalt plant and/or a concrete ready mix plant (more than 15 days per year) must meet the following standards: City of Scandia, Minnesota Page 14 Development Code DRAFT 2-1-07 (1) Asphalt operations and concrete ready mix plants established after the effective date of this Ordinance must encompass at least 40 acres under permit. (2) All setbacks as set forth in Section 6.1 (1) of this Chapter must be met unless it was in existence as a permanent asphalt plant on the effective date of this Chapter; in which case, it cannot expand unless it complies with the setbacks set forth in Section 6.1 (1) (3) All Federal, State and City air, water and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (4) Equipment must be screened and located in such a manner so as to have the least environmental and aesthetic impact. (C) A temporary asphalt plant in conjunction with a specific road project will be allowed subject to the following conditions: (1) All Federal, State and City air, water and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (2) A Certificate of Compliance must be obtained from the City. (3) The processing equipment must be located in such a manner so as to have the least environmental and aesthetic impact. (4) Site selection shall be made as to minimize the effect on the public health, safety, and welfare. (5) The asphalt plant shall not be on the property for more than one hundred twenty (120) days. (6) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining. (7) A bond or other financial guarantee, in an amount determined by the Zoning Administrator, must be posted to assure restoration of the site. SECTION 7. RECLAMATION 7.1 The applicant must submit a reclamation plan consisting of graphic representation as required in Section 5 along with the written text. The plan must contain the following elements: City of Scandia, Minnesota Page 15 Development Code DRAFT 2-1-07 (1) Intent of reclamation. (2) Methods and processes of reclamation. (3) Initial condition of mining site. (4) Limits of various operational areas. (5) Phasing and timing of operations and reclamation including areas to be stripped of overburden. (6) Final condition of site, including proposed contours and landscaping. (7) Relation of final site condition to adjoining land forms and drainage features within 1/4 mile. (8) Relation of reclaimed site to planned or established uses of surrounding land (9) A plan for maintenance of reclaimed area. (10) A detailed cost estimate of reclamation and maintenance. 7.2 Timing. Restoration should proceed in a continuous manner and will be subject to review and approval at each annual inspection and at the end of the permit period. 7.3 Excavations resulting in the accumulation of substantial water areas after rehabilitation must meet the following requirements: (1) The water depth must not be less than three (3) feet measured from the low water mark, unless a plan for creation of a wetland or marsh has been approved. (2) All banks shall be sloped to the water line at a slope which shall not be steeper than four (4) feet horizontal to one (1) foot vertical. (3) All banks shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least four (4) inches. Sodding or seeding and mulching are also required. Mulch must be properly anchored. (4) Such topsoil as required by Subsection 3 above shall be planted with trees, shrubs, legumes or grasses; (5) Slopes on reclaimed areas shall not be steeper than four (4) feet horizontal to one (1) foot vertical, except in cases where non -erodible conditions are present and the City approves the reclamation plan. City of Scandia, Minnesota Page 16 Development Code DRAFT 2-1-07 (6) In man-made groundwater lakes, the bottom contour shall be gradually sloping from the shoreline to the deepest portion of the water body a maximum slope of 6 feet horizontal to 1 foot vertical for at least 100 feet from the proposed shoreline toward the center of the water body. Beyond 100 feet in horizontal distance, the slope of the bottom contours may be no steeper than 3:1. (7) All groundwater lakes or wetlands created as part of the end use plan for a mined area shall be subject to the City's Shoreland Management Ordinance. Such lakes and wetlands shall be classified as "Natural Environment (LS-1)" shoreland areas. Department of Natural Resources guidelines for surface water creation shall be closely followed. 7.4 Excavations not resulting in water areas after rehabilitation but which must be graded or backfilled, shall meet the following requirements: (1) Fill shall be inspected and certified as being clean (free of volatile organic compounds and heavy metals) before being used for reclamation. Organic soil shall be used only for topsoil. (2) Such grading or back -filling shall be made with non -noxious, nonflammable, noncombustible solids; (3) The graded or backfilled area shall not collect or permit stagnant water to remain therein; (4) The peaks and depressions of the area shall be reduced to a gently rolling topography in substantial conformity to the land area surrounding and which will minimize erosion due to rainfall; (5) Such graded or backfilled area shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth at least four (4) inches; (6) Such topsoil as required by 7.4 (5) above shall be planted with trees, shrubs, legumes or grasses. (7) Slopes on reclaimed areas shall not be steeper than four (4) feet horizontal to one (1) foot vertical, except in cases where non -erodible conditions are present and the City approves the reclamation plan. (8) All rehabilitation areas which are planned for building purposes shall have a final elevation at least 10 feet above the normal ordinary groundwater level. Plans for on -site septic systems must be considered. If area is backfilled for purposes of future development, the soil must be compacted, and subsequently tested by a registered soils engineer and approved. City of Scandia, Minnesota Page 17 Development Code DRAFT 2-1-07 7.5 Drainage. Reclamation shall proceed in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the least degree necessary to carry out excavation and related activities. Any alteration of natural and storm drainage shall not adversely affect public roads or neighboring uses. 7.6 Cover and Planting. The reclamation area shall be planted with grass, trees, shrubs, crops, or other vegetation to prevent erosion and provide for screening and natural beauty. Technical assistance and soils data should be obtained from the county agricultural agent, appropriate state and federal officials, conservation districts, and the nearest soil conservation service office. 7.7 Topsoil. When topsoil is stripped or removed, it must be set aside on the site for re - spreading over the excavated area. These overburden stockpiles must be used to minimize the effects of erosion of wind or water upon public roads, streams, or adjacent land uses and shall not be sold or removed from the property. 7.8 Removal of Structures. Within a period of six (6) months after the termination of a mining operation, or within six (6) months after abandonment of such operation for a period of six (6) months, or within six (6) months after expiration of a sand and gravel permit, all buildings and other structures not otherwise allowed under the Zoning Ordinance must be removed from the property and the property restored in conformance with the reclamation plan. SECTION 8. INSURANCE, FINANCIAL GUARANTEES AND FEES 83 Insurance. The operator shall provide proof of bodily injury, property damage, and public liability insurance in the amount of $1,000,000 for any occurrence, including blasting insurance if blasting is allowed as part of the permit. 8.2 Financial Guaranty. To assure completion of reclamation and restoration of the site and secure operator's obligations set forth in the CUP, operator shall provide to the City an Irrevocable Letter of Credit in the sum to be determined by the City. Operator shall be entitled to a reduction in the Letter of Credit on a dollar for dollar basis as Improvements are inspected and approved by the City engineer, except that the Letter of Credit shall not be reduced below an amount equal to 125% of the cost of the work to be completed as determined by the City Engineer nor below 5% of the Letter of Credit, unless the improvements have been accepted by the City and the Warranty Period has expired. To obtain a reduction in the Letter of Credit the operator will give notice to the City of completion of a portion of improvements. The City Engineer will inspect the completed improvements within ten (10) working days of the operator's notice, and, provided the engineer approves the completed improvements, the reduction in the Letter of Credit will occur on a dollar for dollar basis within five (5) working days after the City Engineer's approval subject to the limitations stated above. City of Scandia, Minnesota Page 18 Development Code DRAFT 2-1-07 If the Letter of Credit does not automatically renew, then at least thirty (30) days prior to the expiration of the Letter of Credit, operator shall provide the City with a new Letter of Credit for a period of at least one (1) year beyond the expiration date of and for the same amount as the Letter of Credit then in effect t or operator shall be in default hereunder with no opportunity to cure, and the City may immediately demand from the surety the amount of the Letter of Credit hen in effect. Any Letter of Credit provided under this section shall permit the City to draw upon the Letter of Credit immediately following any operator default hereunder that is not cured within any applicable notice period and for such portion thereof as is certified by the City Engineer to be reasonably necessary to cure such default. Any request for a Letter of Credit reduction shall be accompanied by mechanics lien waivers covering completed work. 8.3 Fees. Permit fees will be charged based on resolution of the City. Fees shall cover all administrative costs associated with the permit application, annual review, and costs of inspections. SECTION 9. VIOLATIONS, PENALTIES AND INSPECTION 9.1 Any firm, person or corporation who violates any of the provisions of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine and/or imprisonment as provided by law. Each day that a violation is permitted to exist shall constitute a separate offense. 9.2 In the event of a violation or threatened violation of any of the terms of this Chapter, the City may take appropriate action to enforce these provisions, including application for injunctive relief, action to compel performance or other appropriate action in court if necessary to prevent, restrain, correct or abate such violations or threatened violations. Upon motion, the court may award costs, disbursements and reasonable attorney's fees and witness fees, which costs and fees can be assessed against the land. 9.3 Whenever necessary to enforce any of the provisions of this Chapter or whenever there is reasonable cause to believe that a violation of this Chapter has occurred or is about to occur, an authorized agent of the City may enter any building or upon any premises at all reasonable times to inspect the same or to perform any duties imposed by this Chapter, provided that if such building or premises be occupied, the authorized agent shall first present proper credentials and demand entry and if such building or premises be unoccupied, shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the City shall have recourse to every remedy provided by law to secure entry, including administrative and judicial search warrants. City of Scandia, Minnesota Page 19 Development Code DRAFT 2-1-07 SECTION 10. TERMINATION OF PERMIT 10.1 Any permit granted pursuant to this Chapter may be revoked for a violation of any provisions of this Chapter or any conditions of the permit. 10.2 Revocation shall not occur earlier than ten (10) working days from the time written notice of revocation is served upon the permittee or if a hearing is requested, until written notice of the City action has been served on the permittee. 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, the permittee must, within ten (10) working days, exclusive of the day of service, file a request for a hearing. The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the City Clerk of the City of Scandia by midnight of the tenth working day following service. Following the receipt of a request for hearing, the City Clerk shall set a time and place for the hearing, and the hearing shall be conducted in accordance with the procedures set forth in Chapter 1, Section 7.8, of the Scandia Development Code. SECTION 11. EFFECTUATION 11.1 It is hereby declared to be the intention that the several provisions of this Chapter are separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment. (2) If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. SECTION 12. REPEALER (contents to be added) City of Scandia, Minnesota Page 20 Development Code Meeting Date: 2/6/2007 Agenda Item: §� q Planning Commission Agenda Report Action Requested: Deadline/ Timeline: Background: City of Scandia 14727 2091h St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Review draft ordinance and determine whether or not to hold a public hearing at a future Planning Commission meeting. N/A • The development code requires a 6-foot safety fence around swimming pools. A resident has requested that the city consider amending the code to allow a safety cover to substitute for a fence. • The Commission and the Town Board/ City Council have discussed this question at several recent meetings. At the January 23, 2007 meeting, staff was asked to draft an amendment for review at the February 6 meeting. • The draft ordinance, attached, would incorporate the following statement into the code: "In lieu of a fence, a swimming pool safety cover or other enclosure of sufficient densijy and strength as to prevent children from gaining uncontrolled access may substitute for a fence Such cover or enclosure shall meet or exceed standard performance specification and labeling requirements for safety covers for swimming pools spas and hot tubs (ASTM Designation: F-1346-91)" • The draft ordinance also shows how the code could be amended to change the minimum height of the fence. At the January 23 meeting, it was pointed out that six feet may be higher than necessary. • A quick check of ordinances of several additional nearby communities found that Forest Lake, Stillwater, Lindstrom and Wyoming all require four -foot fences around pools. Wyoming and Stillwater both allow covers in lieu of a fence. Recommendation: I recommend that the Commission review the draft ordinance and, after discussing any changes you may wish to make, determine whether or not to hold a public hearing at a future Planning Commission meeting. A hearing could be scheduled for the March 6 meeting or on a future date. Attachments/ Draft Ordinance Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator Page 1 of 1 01/30/07 CITY OF SCANDIA ORDINANCE NO. XX AN ORDINANCE AMENDING CHAPTER 2, SECTION 10.31 (2) (I) OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA REGARDING SAFETY REQUIREMENTS FOR SWIMMING POOLS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Chapter 2, Section 10.20 (2) (I) of the Development Code of the City of Scandia is hereby amended to read as follows: (I) A structure or safety fence of a non -climbable type at least sip (6) four 4 feet in height shall completely enclose the pool, but shall not be located within any required yard areas. In lieu of a fence a swimming pool safety cover or other enclosure of sufficient density and strength as to prevent children from gaining uncontrolled access may substitute for a fence Such cover or enclosure shall meet or exceed standard performance specification and labeling requirements for safety covers for swimming pools, spas and hot tubs (ASTM Desigiiation: F-1346-91). Passed and adopted by the City Council of the City of Scandia this day of 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator