7.a)1) Res 04-15-14-01 MannIUPCITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 04-15-14-01
APPROVING AN INTERIM USE PERMIT FOR 18180 OLINDA TRAIL NORTH
WHEREAS, Charles and Sherri Mann have made an application for an Interim Use
Permit to maintain the existing home in place while a new home is constructed on the property at
18180 Olinda Trail North; and
WHEREAS, the property is legally described as follows:
Lot 1, Block 1, Bluffs of East Bay; and
WHEREAS, the Planning Commission reviewed the request for the Interim Use Permit
at a duly noticed Public Hearing on December 3, 2013 and reviewed the request again on
February 4, 2014, and March 4, 2014; 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 an Interim Use Permit to permit the existing home on the property at
18180 Olinda Trail North to remain in place while a new home is constructed, based on the
following findings:
1. Allowing the existing residential unit to remain while a new unit is constructed will not
endanger public health or safety. The impacts on neighboring properties, public health
and public safety will not change from the existing situation if the existing unit is
removed shortly after the new unit is completed as required by the Development Code.
2. Allowing the existing home to remain will not affect property values or scenic views.
3. The Temporary Dwelling Use of the existing home will not affect the potential for
development of neighboring properties.
4. The existing public facilities are adequate to accommodate the existing home and new
home. The use will not impose additional unreasonable costs on the public.
Resolution No.: 04-15-14-01
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5. A Temporary Dwelling Unit During Construction is a permitted use with an IUP in the
General Rural District.
6. The conditions permit only one temporary unit.
7. The dwelling unit will be occupied only by persons who are the present or potential
occupants of the single-family residence being constructed.
8. The applicants have submitted a building permit to the City for the proposed new home.
The IUP will not be issued until the building permit has been approved.
9. The temporary dwelling unit shall use the existing road access drive.
10. The temporary dwelling unit is connected to an approved on-site waste disposal system.
11. The conditions require that the property owner shall submit a financial guarantee to the
Zoning Administrator to ensure that the structure will be removed upon termination of
the interim use permit. The amount of the guarantee shall be determined by the Zoning
Administrator.
12. The interim use permit shall expire when construction is completed. At the termination
of the interim use permit, the temporary dwelling shall be removed from the premises
within 30 days.
13. The Planning Commission first reviewed the Mann application in February, 2014 based
on the ordinance requirements for this use, and found that the requirement that the IUP
"shall expire when construction is completed or within 180 days from the date of
issuance, whichever is less" was not practical given the time needed to construct a new
home. The Commission also found that the time that should be allowed to remove the
temporary unit should be lengthened if needed. The Commission recommended changes
to the ordinance to increase the time limit for the IUP from 180 days to 1 year or when
construction is completed (whichever is less), and to give the Council flexibility to
determine the time that would be allowed for removal of the temporary structure (up to
90 days from the termination of the IUP). The Planning Commission held a public
hearing on the changes in March, 2014, and recommended the changes to the Council.
The changes to the ordinance were adopted by the City Council. The recommendations
in this Resolution are consistent with the amended ordinance.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The project and use are consistent with the application dated November 8, 2013.
2. One temporary dwelling unit (the existing home) shall be permitted on the property
during the construction of a new home.
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3. The temporary dwelling unit shall be occupied only by persons who are the present or
potential occupants of the new single-family residence being constructed on the property.
4. The temporary dwelling unit shall use the existing road access drive.
5. The applicants shall submit a financial guarantee to the City to ensure that the structure
will be removed upon termination of the interim use permit. The City Administrator
shall determine the amount of the guarantee.
6. The interim use permit shall expire when construction is completed or within one year
from the date of issuance of the IUP, whichever is less. The applicants shall remove the
existing home from the property within 60 days of the termination of the interim use
permit.
7. The Applicant shall pay all fees and escrows.
Adopted by the Scandia City Council this 15th day of April, 2014.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk