7.a)1) Staff Report-MannIUP Council 4 15 14444 Cedar Street, Suite 1500
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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.
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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
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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.
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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.
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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.
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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.
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