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5.b 1 reicherts big marine store CUP issued in 20073662170 Receipt#: 48512 USE $4600 Certified Filed and/or recorded on: 9/18/2007 10:20 AM 3662170 Office of the County Recorder Return to: Property Records & Taxpayer Services CITY OF SCANDIA Washington County, MN 14727 209TH STREET N _ SCANDIA MN 55073 tirrin.l(7nhid. Cuaun•Rrrurdi,r CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 09-04-07-02 CONDITIONAL USE PERMIT FOR 19261 MANNING TRAIL NORTH WHEREAS, Pat Reicherts, Big Marine Lake Investment LLC has made application to amend the Conditional Use Permit to allow for second business, an office use, located at 19261 Manning Trail North; and WHEREAS, the property is legally described as follows: All that part of the SW 1/ of SE '/ of Sect 30, Twp 32 N, Range 20 W described as .�....,..�. vvuaauvuviu� ur.er� ry rr s.vure.r �n �nru -ter-n�.r� rrnur rrrnurrry lilt- r .�r.rnr� r _""'""'-' ^ __ _". rods and 5 feet to a point, thence East at right angles 26 rods to a point, thence North at right angles and parallel with the West line of said tract to the North line of said tract 12 rods and 5 feet, thence West on the North line of said tract to the place of beginning, containing 2 acres, more of less; Also all that part of the NW '/ of SE 1/ of Sect 30, Twp 32 N, Range 20 W, described as follows, to -wit: Commencing at the SW corner of the said NW '/ of SE 1/ , thence East on the South line thereof 26 rods to a point , thence North at right angles 12 feet to a point, thence West at right angles 26 rods to a point on the West line thereof 12 feet North of the SW corner, thence South 12 feet to the point of beginning and together with a permanent prescriptive easement of a "gravel driveway" situated in the County of Washington, State of MN, and legally described as follows, to - wit: That part of the NW 1/ of SE 1/ of Sect 30, Twp 32 N, Range 20 W, described as follows: Commencing at the SW corner of said NW '/ of SE 1/ ; thence North, assumed bearing along the West line of said NW '/o of SE 1/ a distance of 12 feet to the point of beginning; thence North 88 deg 21 min 19 sec East parallel with the South line of said NW 1/ of SE '/ a distance of 185 feet; thence North 73 deg 10 min 40 sec West 61.11 feet; thence North 87 deg 06 min 36 sec West 119 feet to the West line; thence South along said West line 26 feet to the point of beginning, subject to a road easement for C.S.A. No. 15 along the West line thereof. Containing 3,395 square feet, more of less.; and Resolution No.: 09-04-07-02 Page 2 of 3 WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on September 4, 2007, and has recommended approval of the amendment to the Conditional Use Permit; 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 Pat Reicherts, Big Marine Lake Investment LLC to amend the Conditional Use Permit, with the following conditions, which include the original conditions of the Conditional Use Permit granted October 7, 2003 by New Scandia Township, and the Certificate of Compliance granted January 30, 2004 by Washington County: The Conditional Use Permit allows for a convenience store with gasoline pumps, a liquor store, and an upstairs office or apartment. Any change in use shall require a new permit. 2. Improvements must take place in accordance with the site plan submitted. 3. Grading and drainage improvements must take place in accordance with the grading plan submitted dated as revised January 6, 2004. 4. An on-site septic system must be installed in accordance with a permit issued by Washington County Department of Public Health and Environment. Lighting in the canopv over the gas numns must be recessed. 6. Any free-standing light fixture shall not exceed 25 feet in height and shall be at least 5 feet from any property line and 10 feet from a road right-of-way. All lights shall be shielded. The luminaire shall contain a cutoff which directs and cuts off light at an angle of 90 degrees or less. Before lights are ordered, the owner shall submit specifications to the City for approval. All City lighting requirements must be met. 7. One accessory building is allowed as indicated on the site plan. The building shall only be used for storage related to the convenience store and office upstairs. No other business is allowed in this building. Leasing or renting the building for storage or any other use is prohibited. 8. All trash shall be stored inside a building or entirely screened from the road and all property lines. 9. All conditions approved by the Carnelian Marine Watershed District shall be adhered to. 10. This permit shall be reviewed annually. After commencement of business activities, if the Zoning Administrator determines additional conditions are necessary, they shall be made a part of this permit. Resolution No.: 09-04-07-02 Page 3 of 3 11. Prior to a certificate of occupancy being issued, the owner shall contact the City for inspection to assure all improvements are completed correctly. The building cannot be occupied until approved by the City. 12. Do Not Enter signs on north easement access and clearly marked No Parking signage must be installed. 13. A license to sell Off -Sale Liquor must be obtained. 14. Permits must be obtained for storage and handling of flammables. 15. That Washington County approves the road entrances and exits. 16. That the City signage requirements are met. 17. That where possible, the historic nature of the building is retained or enhanced. 18. That the addition and outbuilding (proposed in 2003) mirror the existing structure. 19. That the City parking standards are met as shown on the site plan dated September 25, 2003. 20. That landscaping is done according to the site plan submitted (2003). 21. That all requirements of the Development Code are met, and any Code violations are corrected. 22. That the Applicant contact the Washington County Department of Public Health and Environment and that the County determines that the existing wastewater treatment system is adequate for the office use. 23. That if the City finds that there is a shortage of parking spaces once the office use is established, that additional parking spaces may be required. 24. That all outstanding issues with the Carnelian Marine St. Croix Watershed District and/or the Washington Conservation District are resolved not later than March 1, 2008. 25. That all fees are paid. Adopted by the Scandia City Council this qdaof Septe er 2007. el Dennis D. SeefTt, M ATTEST: Administrator/ City Clerk CITY OF SCANDIA CERTIFICATION OF RESOLUTION NO: 09-04-07-02 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 no. 09-04-07-02 adopted at a meeting of the Scandia City Council on September 4, 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 5th day of September, 2007. Anne Hurlburt Administrator/ Clerk City of Scandia