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7.a)1) Staff Report-MannIUP Council 4 15 14444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi TKDA Memorandum To: Scandia City Council Copies To: Kristina Handt, City Reference: Mann Interim Use Permit Request Administrator Project No.: 15253.022 Brenda Eklund, Clerk Charles and Sherri Mann, Applicants From: Sherri Buss, RLA AICP, Routing: Planner Date: April 7, 2014 SUBJECT: Mann Interim Use Permit request to maintain existing home while new home is constructed MEETING DATE: February 18, 2014 LOCATION: 18180 Olinda Trail North Scandia, Minnesota APPLICANT: Charles and Sherri Mann OWNER: Charles and Sherri Mann ZONING: General Rural (GR) EXTENDED REVIEW: May 1, 2014 ITEMS REVIEWED: Application and supporting documents submitted November 8, 2013 BRIEF DESCRIPTION OF THE REQUEST The applicants are requesting an Interim Use Permit (IUP) to maintain the existing home in place while a new home is constructed on the property. The property is located in the General Rural (GR) Zoning District. An IUP is required for a Temporary Dwelling Unit During Construction. An emptoyee owned company promoting affirmative action and equal opportunity Scandia City Council Page 2 April 15, 2014 Mann Interim Use Permit Request BACKGROUND The applicants are building a new home on the property at 18180 Olinda Trail North. They have applied for a building permit for the new home. They are requesting that the City allow them to keep the existing home in place so that they can continue to occupy it until the new home is completed. The Development Code includes a use called Temporary Dwelling Unit During Construction that permits 1 temporary dwelling unit on a parcel where a home is under construction to be occupied during construction. The Code requires that the parcel owner obtain an Interim Use Permit (IUP) for the Temporary Dwelling Unit. INTERIM USE PERMIT CRITERIA AND USE CRITERIA The Development Code, Chapter 2, Item 9 included the criteria listed below for granting an Interim Use Permit (IUP) at the time of the Mann application. The use must meet the applicable standards for a conditional use permit identified in the Code. The general criteria for granting a Conditional Use Permit (CUP) include the following: The conditional use will be in compliance with and not have a negative effect upon the Comprehensive Plan, including the City's public facilities and capital improvement plans. The use will promote or enhance public welfare, and will not be detrimental to or endanger public health, safety, morals or comfort. The use will not be injurious to the use and enjoyment of other property in the immediate vicinity, diminish and impair property values or scenic views. The use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Adequate public facilities are available to accommodate the use. The use shall conform to the applicable regulations of the district in which it is located. The use shall comply with the general and specific performance standards in the Development Code. In addition to the criteria for a CUP, an interim use must also comply with the following criteria: The use is allowed as an interim use in the respective zoning district. The date or event that will terminate the use can be identified with certainty. The use will not impose additional unreasonable costs on the public. The user agrees to any conditions that the City Council deems appropriate for permission of the use. The Temporary Dwelling Unit During Construction Use requires that the following criteria be met: The property is limited to 1 temporary dwelling unit during construction. The dwelling unit may be occupied only by persons who are the present or potential occupants of the single-family residence being constructed, reconstructed or altered. An interim use permit for the temporary dwelling may be issued only after the building permit has been obtained for the proposed construction. The temporary dwelling unit shall use the existing or the proposed road access drive of the principal dwelling unit under construction. The unit shall be connected to an approved on-site waste disposal system 7 Scandia City Council Page 3 April 15, 2014 Mann Interim Use Permit Request 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. The interim use permit shall expire when construction is completed or within one hundred and eighty days from the date of issuance, whichever is less. At the termination of the interim use permit, the temporary dwelling shall be removed from the premises within 30 days. DETAILED EVALUATION OF THE IUP REQUEST Comprehensive Plan, Capital Improvements Plan and Public Facilities The applicants' proposal is within the General Rural (GR) District. The Comprehensive Plan and Development Code support single family residential uses on parcels in the district, but do not support multiple residential units. Therefore, an Interim Use Permit is required for a Temporary Dwelling Unit During Construction in the GR District. The proposed use will not affect the City's Capital Improvements plan or the public facilities in the area. The proposed use is consistent with the Comprehensive Plan. Other General Criteria for Granting CUP's/IUP's The Planner's findings related to the other general criteria for granting CUP's or IUP's follow each of the criteria (criteria are in italics), below: The use will promote or enhance public welfare, and will not be detrimental to or endanger public health, safety, morals or comfort. o 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. The use will not be injurious to the use and enjoyment of other property in the immediate vicinity, diminish and impair property values or scenic views. o Allowing the existing home to remain will not increase impacts on neighboring properties from the current situation, and therefore, will not affect property values or scenic views. The use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. o The Temporary Dwelling Use of the existing home will not affect the potential for development of neighboring properties. Adequate public facilities are available to accommodate the use. o Existing public facilities are adequate to accommodate the existing home and new home. I Scandia City Council Page 4 April 15, 2014 Mann Interim Use Permit Request The use shall conform to the applicable regulations of the district in which it is located. o A Temporary Dwelling Unit During Construction is a permitted use with an IUP in the General Rural District. The use shall comply with the general and specific performance standards in the Development Code. o Findings related to the specific performance standards for the use are discussed below. The proposed conditions require that the applicants comply with the specific performance standards in the Development Code. The date or event that will terminate the use can be identified with certainty. o The proposed conditions specify that the use will terminate when the construction of the new home is complete and the City has issued an occupancy permit for the new home. The use will not impose additional unreasonable costs on the public. o The maintenance of the existing home will not impose additional costs on the public over the existing situation. The user agrees to any conditions that the City Council deems appropriate for permission of the use. o The applicants will be required to address the conditions that the City Council approves with the permit. Specific Criteria for the Proposed Interim Use The Planner's findings related to the specific criteria for the Temporary Dwelling Unit During Construction Use are the following: The property is limited to 1 temporary dwelling unit during construction. o The applicants are requested to retain the one existing dwelling unit during construction. The Conditions will specify that only one temporary unit is permitted. The dwelling unit may be occupied only by persons who are the present or potential occupants of the single-family residence being constructed, reconstructed or altered. o This criteria is included in the proposed conditions for the IUP. An interim use permit for the temporary dwelling may be issued only after the building permit has been obtained for the proposed construction. o 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. The temporary dwelling unit shall use the existing or the proposed road access drive of the principal dwelling unit under construction. o The proposed site plan indicates that the temporary dwelling unit and new unit will use the existing access drive to Olinda Trail North. This condition is included in the proposed conditions for the IUP. The unit shall be connected to an approved on-site waste disposal system. 7 Scandia City Council Page 5 April 15, 2014 Mann Interim Use Permit Request o The existing home has an approved on-site waste disposal system. The applicants will need to obtain County approval for the system that will be used for the new home. 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. o The proposed conditions include submission of a financial guarantee. The City Administrator/Zoning Administrator will determine the amount of the guarantee. The interim use permit shall expire when construction is completed or within one hundred and eighty days from the date of issuance, whichever is less. At the termination of the interim use permit, the temporary dwelling shall be removed from the premises within 30 days. o The proposed conditions require that the existing home be removed when construction is complete and an occupancy permit is issued for the new home. The Planner finds that the proposed use is consistent with the general and specific criteria for approving interim use permits in the Development Code. PLANNING COMMISSION DISCUSSION AND ORDINANCE AMENDMENT The Planning Commission held a public hearing on the Mann IUP application in December, 2013. The Commission received no verbal or written comments about the application. The Commission found that the proposed use meets the ordinance requirements for an IUP. However, the applicant and the Commission expressed concern about the ordinance requirement for a 180 -day time limit for the IUP. The Planning Commission reviewed 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 after construction is completed should be lengthened if needed. The Commission recommended changes to the ordinance at their February meeting 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. The Planning Commission held a public hearing on the changes in March, 2014, and recommended the changes to the Council. The ordinance amendments were adopted by the Council (up to 90 days after the termination of the IUP). The recommended conditions are consistent with the amended ordinance, and the Planning Commission's recommendation that the applicants be allowed 60 days to remove the temporary dwelling unit. OPTIONS FOR THE COUNCIL The City Council may recommend: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. 7 Scandia City Council Page 6 April 15, 2014 Mann Interim Use Permit Request PLANNING COMMISSION RECOMMENDATIONS The Planning Commission recommends that the Council approve the Interim Use Permit to allow the existing home on the property located at 18180 Olinda Trail North as a Temporary Dwelling Unit During Construction of a new home on the property. The Commission recommends the following conditions: 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. 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. 7