4.b Staff Report Hermes Meeting Date: 11/5/08
Agenda Item:
Planning Commission/City Counci
Agenda Report
City of Scandia
14727 209'h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on the application of Jim & Nancy Hermes for a
minor subdivision and variance to allow the separation of a lot in
Kirkhill Estates, 22577 Kirk Ave. N.
Deadline/ Timeline: 60-day review period expires December 5, 2008
Background: • Jim and Nancy Hennes own 4.3 acres in a single parcel that was
platted at two individual lots in 1972. There is a home on the
northerly parcel and the southern parcel is vacant. The two lots
were combined in 1995. They propose to divide the lot to create a
new building site.
• At the August 5 meeting, the Planning Commission provided
informal feedback on this request, indicating they were not
opposed pending submission of all required information.
• The planner has reviewed the application and will present the
attached report at the Planning Commission meeting.
Recommendation: The planner has recommended approval of the minor subdivision and
variance with findings and conditions which have been incorporated
into a draft resolution for use by the Planning Commission and City
Council.
Attachments/ • Draft Resolution 11-05-08-XX
Materials provided: • Vicinity Map
• Letter from Jim & Nancy Hermes
• Excerpt of August 5, 2008 Planning Commission Minutes
• TKDA Memorandum dated October 28, 2008
• Application Materials & Survey (dated September 18, 2008)
Contact(s): Jim & Nancy Hennes, 651 433-3577
Berry Farrington, TKDA 651 726-7904
Prepared by: Anne Hurlburt, City Administrator
(hermes minor sub and variance)
Page 1 of ]
10/30/08
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. I1-05-08-XX<
MINOR SUBDIVISION AND VARIANCE REQUEST
FOR 22577 KIRK AVENUE NORTH
WHEREAS, Jim and Nancy Hermes have made application for a MinorSubdivision and
Variance to create two parcels, and to allow the exceeding of the maximum residential density of
the Agriculture (AG) District, located at 22577 Kirk Avenue;North; and
WHEREAS, the property is legally described as Lots 6 and 7, Block 2, Kirkhill Estates,
Washington County, Minnesota; and � ('
WHEREAS, the Planning Commission renewed the bequest at a duly noticed Public
Hearing on November 5, 2008, and has recommended approval for the Minor Subdivision and
Variance to create two: arcels, and to allow the exceeding of the maximum residential density of
the Agriculture(AG)District; and ;'' ,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY'dFSCANDIA,WASHINGTON COUNTY, MINNESOTA, that it should
and hereby approvexthe request of Jim and Nancy Hermes for the Minor Subdivision and
Variance,based on the following findings:
1. The subject property was previously two lots, Lots 6 and 7 of Kirkhill Estates, which
were since combined.'Single family residential use of the two lots is consistent with the
original Kirkhill Estates subdivision.
2. The history of the property in this case is unique, because the two lots were platted but
not built upon before regulations changed. The two lots meet Ordinance dimensional
standards, including setbacks, buildable area, lot size, and road frontage.
3. If Lots 6 and 7 had not been combined, both lots would be allowed to be used for single
family residential use. Their combination would not be required under Section 12.4,
nonconforming lots.
Resolution No,.
Page 2 of 2
4. The character of the area is single family lots, ranging in size from 1.9 acres to 3.7 acres
in size. Parcels A and B are each 2.3 acres in size, similar in character to the area.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. That the wastewater treatment location be approved by Washington County Department
of Public Health and Environment.
2. That the City receives a certificate of survey signed by the licensed land surveyor.
3. That the Applicant pays the current park dedication fee to the City for the vacant lot
prior to recording the Subdivision.
4. That all fees are paid.
Adopted by the Scandia City Council this fifth day of November,2008.
Dennis D. Seefeldt, Mayor
ATTEST:
Administrator/Clerk
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Dennis Seefeldt
13809 Scandia Trail
Scandia, MN 55073
Dennis,
I am writing you about the conversation we had last fall about reclaiming Lot 7 Block 2
of Kirkhill Estates as a separate buildable lot.
1 would like to request a special hearing by the Scandia Planning Commission to reclaim
Lot 7 Block 2 of Kirkhill Estates as a separate building site. A little history on how this
all evolved over the years; lot 7 was originally approved a separate builbable by the
Township of New Scandia and by Washington County, in 1972.
After selling 8 of 18 lots from 1970 to 1975 Washington County put a 10-year halt on
Building because of a change in county soil testing requirements. Then after 10 years the
soil test requirements were rectified. Before we got pei mission to sell again, the
minimum lot size requirements were increased and we lost the right to sell a number of
lots including lots 6 and 7 as the county and township had originally approved.
Consequently our best lots had to be sold as 60% of 5 acres, thus having to use two lots to
make one site. We built our home in 1985 (where we still live today) on lot 6 with the
hopes of some day selling lot 7. Lot 7 has underground electric ready to be built on today.
Lot 7 is also one of the highest buildable lots in the development & larger that almost all
lots in our development & the new development to the south. In 1995 I combined lots 6
& 7 to cut down on the taxes I was paying.
Last fall City Administrator Anne Hurlburt listened to my request and said to consider
separating the lots I needed to get wetland delineation and soil test done first. These test
will cost us approximately $1,500 to $2,000 & we will do all you ask but want to have a
reasonable assurance that we can reclaim this as a separate buildable lot. I would like to
hear what you would recommend.
In Conclusion I would like to request that the original plat be restored. See the list I have
attached of the dates and list of sales. Thank you for your time and consideration on this
matter.
Thank You
, -
Ci M & Nancy Hennes
In November of 1972 the official plat was approved by the Township & Washington County as
surveyed by Don C Hutt, Registered Land Surveyor.
Land was purchased in 1969 as a 50-acre parcel from Edgar & Luella Johnson. The first 4 lots
were built before the property was officially platted. At this time New Scandia Township &
Washington County approved this process.
Approving the Plat were
Vernon Jellum Chairman
Lowell L Isaacson
Russell Jackson Chairman
Mark Rossi
Idor Pederson Chairman, County Board
Don E Pepper Washington County Surveyor
T.R. Greeder Washington County Auditor
James Simonet Register of Deeds, Washington County
Jim & Nancy Hermes
Time Line of Kirkhill Estates
Dates & List of Sales
l" lot 2.4 acres sold & home built in 1970 10311 230`'I Street North
21'd lot 2.18 acres sold & home built in 1971 10421 23011' Street North
3'd lot 2.5 acres sold & home built in 1971 22933 Kirk Ave North
411i lot 2.00 acres sold & home built in 1972 22900 Kirk Ave North
51'' lot 2.41 acres sold & home built in 1972 22850 Kirk Ave North
6''' lot 1.90 acres sold & home built in 1972 22875 Kirk Ave North
lot 2.70 acres sold & home built in 1973 22839 Kirk Ave North
lot 3.60 acres sold & home built in 1975 22600 Kirk Ave North
County held up next sales for a ten full year because soils did not meet new County soil test
regulations. Some time in 1984 they were changed so they now meet new County requirements.
9''' lot 3,10 acres sold & home built in 1985 22633 Kirk Ave North
10"' lot 6 & 7 4.30 acres sold & home built in 1985 22577 Kirk Ave North Jim & Nancy
Hermes' home
1 1'' lot 2.4 acres sold & home built in 1985 22740 Kirk Ave North
12'1' lot 3.70 acres sold & home built in 1990 22800 Kirk Ave North
Lot 7 the one we want to reclaim has more square footage then most of our original planed lots &
more that the new development to the south developed by Greg Radefeldt.
Scandia Planning Commission
August 5, 2008
Page 6
Councilmember Peterson asked if a limit will be put on outdoor music events. Mr. Taylor stated
that bands end at II p.m. Mayor Seefeldt stated that the public can dictate this. A permit is not
required, but if complaints are registered, limits could be put on events.
Commissioner Schwarz, seconded by Commissioner Krinke, moved to recommend to the
City Council to approve draft Resolution 08-05-08-05 (with an amendment to hours of
operation for the volleyball/boot hockey rink) for an Amended Conditional Use Permit
Request for Meister's Bar and Grill, 14808 Oakhill Road. The motion passed unanimously.
JIM AND NANCY HERMES: PROPOSED LOT DIVISION IN KIRKHILL ESTATES
Jim and Nancy Hermes, 22577 Kirk Avenue, were present for an informal discussion of a
proposed lot division in Kirkhill Estates. They would like to reclaim Lot 7 as a separate buildable
lot, as they had combined Lots 6 and 7 in 1995 for tax purposes. Since the original subdivision in
1972, zoning regulations have changed. The maximum density has been exceeded so that no
subdivision would be allowed without a variance. The Hermes' were seeking advice on whether
the proposed lot division would meet the criteria for issuance of a variance. As no final
determination can be made until all required information is reviewed (survey, topography maps,
soil tests, wetland delineation, etc.), the commissioners were not opposed to this request.
Commissioner Krinke, seconded by Commissioner Rodsjo, moved to adjourn.
The meeting adjourned at 9:35 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk
.............
TKDA 444 Cedar Street,Suite 1500
Saint Paul,MN 55101-2140
ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400
(651)292-0083 Fax
www.tkda,com
MEMORANDUM
To: City Council Reference: Hermes Minor Subdivision and
Planning Commission Variance
Anne Hurlburt, Administrator City of Scandia, Minnesota
Copies To: Jim and Nancy Hermes Proj. No.: 14059.014
From: Berry Farrington, AICP Scandia File Number 2008023
Date: October 28, 2008 Routing: Sherri Buss, RLA
SUBJECT: Hermes Minor Subdivision and Variance request
MEETING DATE: November 5, 2008
LOCATION: 22577 Kirk Avenue North
Scandia, Minnesota
APPLICANT: Jim and Nancy Hermes
ZONING: Agriculture (AG)
60-DAY PERIOD: December 5, 2008
ITEMS REVIEWED: Application, Applicant letter to the Mayor (undated), Survey dated 9/18/08, Soil
testing letters dated August 18, Wetland delineation report dated October 7, 2008,
Washington Conservation District memo dated October 15, 2008.
BRIEF DESCRIPTION OF THE REQUEST:
The Applicant is requesting a minor subdivision to create two parcels, and requesting a variance to allow the
exceeding of the maximum residential density of the Agriculture (AG) District, 4 dwelling units per 40 acres
or quarter-quarter section. The subject property is located at 22577 Kirk Avenue North, and consists of
approximately 4.6 acres, The request is to create two parcels, Parcel A and Parcel B, each consisting of 2.3
acres.
BACKGROUND
The subject property was once two separate lots as part of the Kirkhill Estates Subdivision (Lots 6 and 7,
Block 2). The two lots were platted in 1972, and combined into one lot in 1995. Since the original
subdivision, zoning regulations and comprehensive plan policies have changed. The request exceeds the
maximum density currently allowed for the agricultural land use designation in the comprehensive plan and
the AG District in the zoning ordinance.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Hermes Request Page 2 October 28, 2008
Scandia, Minnesota
The Scandia Subdivision Ordinance, Chapter 3 of the Development Code, addresses the re-separation of lots.
Section 2.2 (2) states that any parcel of land that has been combined for tax purposes cannot be re-separated
without approval in the mariner prescribed in the Subdivision Ordinance. The Ordinance requires that the
minor subdivision process (Chapter 3, Section 5) be used to divide one parcel into two parcels.
EVALUATION OF THE VARIANCE REQUEST:
Variance Request from Maximum Density Standard
Chapter 2, Section 2.1 addresses density in the City's zoning districts. In the AG District, the density of
residential dwellings shall not exceed 4 units per 40 acres or quarter-quarter section. If the density is
considered for the division of the single property consisting of 4.6 acres, for the greater Kirkhill
neighborhood, or for the specific quarter-quarter section (southwest quarter of the northwest quarter, Section
7), the minor subdivision would exceed the maximum density of the AG District.
Consideration of Hardship
Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It
states that variances are only to be permitted when they are in harmony with the general purpose and intent
of the Development Code, in cases where there are particular hardships, and when consistent with the
Comprehensive Plan.
Hardship means that the property cannot be put to a reasonable use if used under the conditions in the
Ordinance; that the plight of the landowner is due to circumstances unique to the property, not created by the
landowner; and that the variance would not alter the essential character of the area. Economic conditions
alone cannot constitute a hardship if a reasonable use of the property exists under the Ordinance.
Findings
The Applicant's letter addressed to the Mayor (undated), describes the history of the property. The Applicant
combined the two parcels in 1995 for tax purposes. The letter states that Washington County prohibited
building for a ten-year period starting in 1975. During that time the zoning requirements changed and the
Applicant had to use the land area of both Lots 6 and 7 in order to build his house on Lot 6 in 1985. The
letter states that Lot 7 has underground electric ready to serve the property. The letter provides a chronology
of lot sales and homes built on the other lots in the Kirkhill subdivision. Other lots are smaller than the
existing lot of 4.6 acres and similar in size to the proposed 2.3 acre lots.
At the August 5, 2008, Planning Commission and City Council meeting, the Applicant informally raised his
request. The Planning Commission and City Council indicated that a decision could not be made without
more information, but indicated that the City was not opposed to the request.
At that meeting, there was discussion of how these lots would be treated under the Ordinance if they had
never been combined. If the lots had not been combined, Lots 6 and 7 would be considered nonconforming
lots. Chapter I of the Development Code, Section 12.4 (3) addresses nonconforming lots under 5 acres in
size. It lists four criteria for evaluating if a nonconforming lot may, "be used for the legal purpose for which
it is zoned and is exempt from (4) below." The criteria address: A. road frontage, B. buildable area, C. waste
water treatment, and D. all other requirements of the Code. The two lots meet these criteria, and therefore if
. ~
Hermes Request Page October 28, 2V08
8condia, Minnonota
the property had remained as separate lots, each lot would be allowed for single [uod|v residential use, and
^^cxcmp\ from (4) hc|ovv `` 5oci�n� \24(4) uddncxucs iuu(unc�ovvbcrcaubm�undaod contiguous |o( must be
� � ' , ��uomx xn�u
considered as one lot. The combination ofUue two lots into one would not be required. In summary, if the
two lots had not been combined, each lot could be used to build a single-family home.
At the August meeting, there was also discussion regarding the potential for the Applicant Wpay the back
taxes that would have been required for two separate lots from )995to the present.
At the August meeting, the Planning Con-tmission indicated that it was not opposed to the variance request,
but that additional information received through the formal application process would be needed. The
additional information has been received, and outside of the variance request, the minor subdivision
oonD`nnm to Ordinance standards. Because the City had indicated that it was not opposed to the variance
request, the Planner provides findings to support approval of the variance, below:
L The subject property was previously two |n{u, Lots 0 and 7 oyDJrkhUi Estates, vvbiob were aiouc
combined. Single family residential use of the two |oio is consistent with the original KirkbiU Estates
subdivision.
2. The history of the property io this case is unique, because the two lots were platted but not built upon
bcibrr regulations changed. The two lots meet Ordinance dimensional standards, including
buildable area, lcVu and, /�� rcnu/uge.
3. If Lots 6 and 7 had not been combined, both lots would be allowed to be used for single farnily
residential use. Their combination would not bc required under Section \2.4, nonconforming lots,
4. The character o[the area is aioO|c fuoi|v lots, ranging in size from |.9 acres \o3.7 acres in size. Parcels
A and B are each 2.3 acres in size, similar in character k` the area,
MINOR SUBDIVISION REQUEST:
The following portion of the memo addresses the standards for minor subdivision, in addition to the density
standard which was discussed as part u[the variance issue. The Planner notes that u certificate o{survey
signed by the surveyor should be received by the City if the minor subdivision Is approved.
lVetluaJDcliouutim,
There are three wetlands on the subject property. The Washington Conservation District (VVCD)
recommends that the City accept the wetland boundaries audelineated.
Setbacks
Setback requirements are front yard of 40 feet, side yard of 20 feet, and rear yard of 50 feet. The minor
subdivision request conforms to the yard setback requirements.
`
Hermes Request Page October 28, 2U08
Scandiu, Minnesota
Buildable Area
One acre of buildable area is required per Chapter 2, Section Y.|(i \). Parcel & is reported to have 1.0ac»c
(43,h\9 square feet) of buildable area. Parcel Bix reported 1ohave |2 acres of buildable area. The buildable
area is greater than reported on the survey. The City Ordinance does not include u ndnbnooz wetland setback
for wetlands located outside of the Shoreland District. Therefore, the 20 footwetland setback shown oothe
survey is not required, and may be included in the buildable area calculations. Parcels A and B conform to
the buildable area standard.
Lot Size
The AG District's |o< requirements are within Chontor2, Section 3.3. Loin noua( be2.00 \o4.00 uorcy, or
20.00 acres or greater, except for parcels of record between 18 and 23 acres. The proposed minor subdivision
would ncxu|1 in Puror|o & and B, each 2.3 ucnco in size. The proposed lots cncct the ()ndionocc |u< size
standards in that they are within the range of2 and 4acres.
Road Frontage
For lots n[this size, a noininuuno 160 feet ofroad frontage is required. Proposed Parcel & has approximately
268 feet of frontage on Kirk Avenue, and Parcel B has approximately 257 feet of frontage on Kirk Avenue.
The proposed parcels nnce\ the road frontage standard.
Wastewater Treatment
Tvvndruinfio|d locations are shown on each proposed parcel and soil borings have been taken. Lot has an
existing system. Soils require mound systems ooboth lots. On 9urcc| B, the sewage treatment system setback
of75 5:ct from wetland #3 v/ou|J limit the possible locations for usystem. Part n[the area labeled soil test
area on the survey is within that setback. The wastewater treatment location will need to be approved by
Washington County Department "f Public Health and Environment.
ACTION REQUESTED:
The Planning Commission can recommend:
|. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
Findings for approval of the variance to allow the exceeding of the maximum residential density of the
Agriculture ( \G} District, |ocukz] u122577 Kirk Avenue North, in order (ncreate two parcels, Parcel & und
Parcel 8:
,
Hermes Request Page October 28, 2OU8
Scundiu, Minnesota
| The subject property was previously two lots, Lots 6 and 7 o[KirkhiU Bo<o{cs, which were mioor
combined. Single Duni\v residential use o[the two lots is consistent with the original KirkbiU Estates
subdivision.
Z, The history of the property in this case is unique, because the two lots were platted but not built upon
before regulations changed. The two lots meet Ordinance dimensional standards, including setbacks,
buildable area, lot size, and road frontage.
3. If Lots 6 and 7 had not been combined, both lots would be allowed to be used for single family
residential use. Their combination vvnu|d not be required under Section 12.4, nonconforming in{m.
4. The character of the area is single buuik/ }n\a, ranging in size from 1.9 uorco to 3.7 uoroe in ubc. Parcels
& and B are each 23 acres in otcc, similar in character to the area.
Recommended conditions o[approval o[the variance and ouinorsubdivision:
|. That the wastewater treatment location hc approved hvWashington County Department ofPublic
Health and Environment.
2. That the City receives a certificate of survey signed by the licensed land surveyor.
]. That the Applicant pays the current park dedication fee to the City for the vacant lot prior to recording
the Subdivision.
4. That all fees are paid.
•
File No.
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://ww‘\.ci.seandia.niii,Lis
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,Sanclia.inn.ti )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)
7 -7 Tz- Ar-Vk--; tL
2. Washington County Parcel ID:
070 3 z, 2-‘) 7c7Ol0
3. Complete Legal Description: (attach if necessary)
-r5 67 4- 7 ,, i L_C o Tz_y_
"r-b6r V,PA 1+t N)t40 1-7) t---) C-0 Orsl-IM/ N& /4,
4. Owner(s): Phone:
V I-4A # Pri4cY
(h) 5-1-43 -3 5-7 7
(b)
Street Address: 7 E-Mail:
le- tra..Lr-- ,
City/ State:
Zip: - --0 7
5. Applicant/Contact Person: Phone:
5 (h)
(b)
Street Address (Mailing): E-Mail:
7 r_ ,
City/ State: Zip: s-
c-----)4-1..Jcx 1.-j
6. Requested Action(s): (check all that appl))
/ Variance fr 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)
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:
is , Oc:P
Ap nt Signature(s) Date:
, e
For City Use Only
Application Fees: / CO00 / J ( PAID r
5-3 (7 0l1„<<, PAID
Parcel Search Fee: —
56() . C IT1' OF SCANf�IA Cr
Escrow Deposit: OL/ I Y OF SCAN )IA
V<1 vi`M (
1/5/2007
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