4.a Staff Report Meeting Date: 05/06/2008
Agenda Item: /p/r
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Planning Commission/City Councul
Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on the request by David and Wynness
Holmberg for rezoning property located at 21300 Olinda Trail from
General Business (GB) to Single Family Estate (SFE).
Deadline/ Timeline: 60-day review period expires June 20, 2008
Background: • The rezoning is requested at this time to allow for the construction
of a new attached garage for the existing home, which is a non-
confoiming use under the current commercial zoning.
• Planner Richard Thompson will present the attached report and
recommendations at the hearing.
Recommendation: The planner has recommended approval of the rezoning. An
ordinance enacting the rezoning and a resolution with findings of fact
have been drafted for the Commission's and Council's consideration.
Attachments/ • Draft Ordinance No. 111
Materials provided: • Draft Resolution No. 05-06-08
• Location Map
• TKDA Memorandum dated April 30, 2008, with attachments
Contact(s): David and Wyness Holmberg
651 433-2128
Prepared by: Anne Hurlburt, Administrator
(rezoning holmberg)
Page 1 of 1
04/30/08
CITY OF SCANDIA
ORDINANCE NO. 111
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP
TO CHANGE THE DESIGNATION OF 21300 OLINDA TRAIL
FROM "GENERAL BUSINESS" TO "SINGLE FAMILY ESTATE"
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Amendment. The official Zoning Map, as adopted in.Chapter 2, Section 1.1
of the Development Code of the City of Scandia is hereby amended to change the designation of
the following described property from General Business ("GB") to Single Family Estate ("SFE"):
21300 Olinda Trail, more specifically described as: Lots 1, 2 and 3
and the East 30 feet of Lots 9 and 10, all in Block 7 of the recorded
plat of Scandia Addition, Washington County, MN.
Section 2: Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this 6th day of May, 2008.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 05-06-08-02
FINDINGS OF FACT ON REZONING OF 21300 OLINDA TRAIL
FROM GENERAL BUSINESS TO SINGLE FAMILY ESTATE
"GENERAL BUSINESS" TO "SINGLE FAMILY ESTATE"
WHEREAS, David and Wynness Holmberg have made application for a Rezoning from
"General Business" to "Single Family Estate," for property located at 21300 Olinda Trail North;
and
WHEREAS, the property is legally described as Lots 1, 2 and 3 and the East 30 feet of
Lots 9 and 10, all in Block 7 of the recorded plat of Scandia Addition, Washington County, MN;
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 David and Wynness Holmberg for a Rezoning from
"General Business" to "Single Family Estate" based on the following findings:
• The only current use of this property is residential, and there are no existing or planned
commercial uses.
• The property is adjacent to lands zoned"Single Family Estate" on the north and west, so
the rezoning would be consistent with these adjacent properties, and there would be no
question of spot zoning.
• The Comprehensive Plan designation of Village Center allows both residential and
commercial uses. The Plan states: "...the concept underlying the village center plan is to
offer an alternative to large lot, [residential] rural sprawl..." The plan not only allows
residential development, but it expressly supports it.
• The Comprehensive Plan favors future commercial development that is oriented to the
traditional village center. This property, although on the edge of the traditional Village
Center, it is not an area that the plan promotes for future commercial expansion.
Adopted by the Scandia City Council this 6th day of May, 2008.
Dennis D. Seefeldt, Mayor
ATTEST:
Administrator/ Clerk
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TKDA
444 Cedar Street,Suite 1500
Saint Paul,MN 55101-2140
ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400
(651)292-0083 Fax
www.tkda.corn
MEMORANDUM
To: City Council Reference: 21300 Olinda Trail North Rezoning
Planning Commission To Single Family Estate (SFE)
Anne Hurlburt, Administrator City of Scandia, Minnesota
Copies To: Proj. No.: 14059.002
From: Richard E. Thompson, AICP Scandia File Number 2008008
Date: April 30, 2008
SUBJECT: 21300 Olinda Trail North Rezoning
from "General Business" to "Single Family Estate"
MEETING DATE: May 6, 2008
LOCATION: 21300 Olinda Trail North
Scandia, Minnesota
APPLICANT: David and Wynness Holmberg
60-DAY PERIOD: June 20, 2008
ZONING: General Business
ITEMS REVIEWED:
1. Memo to Sherri Buss from Steve Thorp dated April 15, 2008.
2. Application for Planning and Zoning Request Scandia File No. 2008008.
3. Sketch of Lots 1, 2, 3, and parts of Lots 9 and 10 showing existing garage and future addition.
BRIEF DESCRIPTION OF THE REQUEST:
The Applicants are proposing to rezone their homestead property from "General Business" to "Single Family
Estate". Their property, which consists of three full city lots and parts of two others, formerly included a
commercial greenhouse, which has been removed. With removal of the greenhouse, there is no longer any
commercial use of the property. After rezoning of the property, the Applicants wish to remove their existing
detached garage, and construct a new garage and connecting an addition in-line with the house.
EVALUATION OF THE REQUEST:
The Applicants wish to tear down their existing garage and rebuild a new garage and attach it to their house.
Their property is currently zoned "General Business", which has no primary or permitted uses. Single family
residences are not listed as either uses permitted with a Certificate of Compliance or a Conditional Use
Permit. Therefore, a single family residence in the General Business District is a non-confoiming use. A non-
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
21300 Olinda Trail North Rezoning Page 2 April 30, 2008
Scandia, Minnesota
conforming use cannot normally be expanded. For this reason, the Holmberg's have requested to rezone their
property.
The zoning ordinance states that "the purpose of the General Business District is to provide an area for a
general mix of commercial and industrial businesses that are non-threatening to the environment." It appears
the land was zoned "General Business" because there was a commercial greenhouse on the property, because
the property is contiguous to other properties zoned "General Business" on the east and south, and because
the Comprehensive Plan includes this area in the Village Center. The Village Center designation allows both
commercial and residential uses.
The first question addresses the current use. There is currently no commercial use for this property and no
commercial use is planned. The Applicants are proposing to strengthen the residential use of their property.
The second question addresses the issue of spot zoning. This property is on the northwest edge of the
"General Business District". On the north and west sides, the land is zoned "Single Family Estate". Thus
there is no issue of spot zoning, and rezoning would be compatible with the properties to the north and west.
The third question relates to the Comprehensive Plan, and the intent of the Village Center designation. The
Village Center designation is clearly intended to provide for both residential and commercial uses. The
Comprehensive Plan states: "The current delineation of the rural center incorporates approximately 60 homes
and 20 businesses..." The Plan further states that residential development is an integral part of the Village
Center. The Plan also states that "Future commercial development should be oriented towards the traditional
village center", which although not defined, could be the area directly north of Highway 97 and primarily the
area south of Highway 97. From the information provided in the Comprehensive Plan, it would be consistent
to rezone this property to Single Family Estate, since the Village Center designation allows this zoning
district, and since the Plan states that future commercial development should be focused to the traditional
Village Center.
For the reasons stated above, the Planner recommends that the City rezone the Holmberg property from
"General Business" to "Single Family Estate" based on the following findings:
1. The only current use of this property is residential, and there are no existing or planned commercial uses.
2. The property is adjacent to lands zoned "Single Family Estate" on the north and west, so the rezoning
would be consistent with these adjacent properties, and there would be no question of spot zoning.
3. The Comprehensive Plan designation of Village Center allows both residential and commercial uses. The
Plan states: "...the concept underlying the village center plan is to offer an alternative to large lot,
[residential] rural sprawl..." The Plan not only allows residential development, but it expressly supports
it.
4. The Comprehensive Plan favors future commercial development that is oriented to the traditional Village
Center. This property, although on the edge of the traditional Village Center, it is not an area that the
Plan promotes for future commercial expansion.
Since the Village Center designation of the Comprehensive Plan allows both residential and commercial
uses, there is no need for a plan amendment.
21300 Olinda Trail North Rezoning Page 3 April 30, 2008
Scandia, Minnesota
The existing home is a nonconforming structure in that it does not meet setback requirements. The
Development Code, Chapter 1, Section 12.3 (1) (A) addresses the conditions under which a nonconforming
structure may be expanded without a variance. A variance is not needed to build the proposed
garage/addition attached to the existing home because: 1. the garage/addition does not violate the provisions
of the Development Code, other than the setback requirements that make the house nonconfot wing in the
first place; and 2. long-term sewage disposal needs can be met.
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the Holmberg property at 21300 Olinda Trail be rezoned from "General
Business" to "Single Family Estate", based upon the findings above.
File No. .) e
APPLICATION FOR PLANNING AND ZONING REQUEST
City of Scandia, Minnesota
14727 209th Street North, PO Box 128, Scandia, MN 55073
Phone 651/433-2274 Fax 651/433-5112 Web http://vs,ww.ci.scandia.mn.us
Please read before completing: The City will not begin processing an application that is incomplete, Detailed submission
requirements may be found in the Scandia Development Code,available at the City office and website(www.ci.scandia.mn.us)and in
the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable.
1. Property Location: (street address, if applicable)
300 6i czt I IL) 41, Jtc,_ 44-'
2. Washington County Parcel ID:
3. Complete Legal Description: (attach if necessafry)
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4. Owner(s): Phone:
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Street Address: a oc., C I E-Mail:
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City/ State: C ,
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5. Applicant/Contact Person: Phone:
(h) 647 - -
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Street Address (Mailing): , E-Mail: ,2)
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City/ State: Zip: vc,
6. Requested Action(s): (check all that apply)
Variance Minor Subdivision
Conditional Use Permit Planned Unit Development
Interim Use Permit Preliminary Plat/ Major Subdivision
Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision
Certificate of Compliance(Commercial) Final Plat
Map Amendment(Zoning or Comprehensive Plan) Permit Extension
1/5/2007
7. Brief Description of Request: (attach separate sheet if necessary)
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8. Project Name:
I hereby apply for consideration of the above described request and declare that the information and materials submitted
with this application are complete and accurate. I understand that applicants are required to reimburse the city for all
out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include, but are not
limited to: publication and mailing of notices; review by the city's engineering, planning and other consultants; legal
costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application.
Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits.
PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee
owner in order for this application to be considered complete.
Property Fee Owner Signature(s) Date:
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Applicant Signature(s) Date:
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For City Use Only
Application Fees: V 6 00 T PAID
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Parcel Search Fee: ti' / , (0
IL CITY OF SCANDIA
Escrow Deposit: 5 0
1/5/2007
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