9.i Resolution 04-17-18-05 Revoking Croix Chiropractic CUP
RESOLUTION NO. 04-17-18-05
CITY OF SCANDIA, MINNESOTA
REVOKING A CONDITIONAL USE PERMIT FOR CROIX RIDGE
CHIROPRACTIC, 21150 OZARK COURT, AND RESCINDING RESOLUTION
NO. 05-17-11-02, ADOPTED ON MAY 17, 2011
RESOLUTION NO. 04-17-18-05
RESOLUTION REVOKING A CONDITIONAL USE PERMIT FOR CROIX
RIDGE CHIROPRACTIC, 21150 OZARK COURT, AND RESCINDING
RESOLUTION NO. 05-17-11-02, ADOPTED ON MAY 17, 2011
WHEREAS, on May 17, 2011, the City Council (the “Council”) of the City of Scandia, Minnesota
(the “City”) adopted Resolution No. 05-17-11-02 (the “Prior Resolution”), which approved a Conditional
Use Permit (CUP) for Croix Ridge Chiropractic, a chiropractic health care business to be located within an
existing structure at 21150 Ozark Court North (the “Property”) and sited in the Village Mixed Use B (VMU-
B) zoning district;
WHEREAS, the Prior Resolution was recorded at the Office of the County Recorder, Property
Records & Taxpayer Services, Washington County, Minnesota (the “County Recorder”), on May 23, 2011,
as Document NO. 3842161;
WHEREAS, at the time the Prior Resolution was approved by this Council and recorded with the
County Recorder, a chiropractic health care business in the VMU-B zoning district required a conditional
use permit;
WHEREAS, on February 16, 2016, this Council adopted Ordinance No. 169, which amended
Chapter Two, Section 2.8 of the City’s Development Code to include “Medical or
Dental/Chiropractic/Physical Therapy Offices/Clinics” as allowed uses within the Village Mixe d Use A
(VMU-A) zoning district;
WHEREAS, pursuant to Chapter Two, Section 2.9(2) of the City’s Development Code, the allowed
uses in the VMU-B zoning district are the same as those of the VMU-A zoning district;
WHEREAS, City staff has determined the CUP approved by the Prior Resolution for the Property
is moot, as a conditional use permit is no longer required for a chiropractic health care business in the VMU-
B zoning district;
WHEREAS, Minnesota Statutes, Section 462.3595, Subdivision 3, provides that a CUP remains in
effect as long as the conditions agreed upon are observed, “but nothing in this section shall prevent the
municipality from enacting or amending official controls to change the status of conditional uses”; and
WHEREAS, since this Council, pursuant to Ordinance No. 169, changed the status of conditional
uses in the VMU-B zoning district, the CUP is superfluous and no longer effective for the Property.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Scandia, Minnesota,
as follows:
1. Revocation of CUP. This Council hereby revokes the CUP for the Property.
2. Prior Resolution Superseded; Recording. The Prior Resolution is hereby superseded and is of
no further force or effect. The City Administrator/Clerk is authorized and directed to execute the
certification of this Resolution and to record the same with the County Recorder.
Approved by the City Council of the City of Scandia, Minnesota this 17th day of April, 2018.
_________________________________
ATTEST: Christine Maefsky, Mayor
______________________________
Neil Soltis, City Administrator/Clerk
CITY OF SCANDIA, MINNESOTA
CERTIFICATION OF RESOLUTION NO. 04-18-18-05
STATE OF MINNESOTA )
)
COUNTY OF WASHINGTON ) SS.
)
CITY OF SCANDIA )
I, the undersigned, being the duly qualified and acting Administrator/Clerk of the City of Scandia,
Minnesota, certify that I have carefully compared the attached and foregoing Resolution No. 04-17-18-05,
“Resolution Revoking a Conditional Use Permit for Croix Ridge Chiropractic, 21150 Ozark Court, and
Rescinding Resolution No. 05-17-11-02, Adopted on May 17, 2011,” adopted at a regular meeting of the City
Council of the City of Scandia, Minnesota, on April 17, 2018, with the original thereof on file in my office and
the same is a full, true and complete transcript thereof.
WITNESS My hand officially as such Administrator/Clerk and the corporate seal of the City this
______ day of _______________, 2018.
City Administrator/Clerk
City of Scandia, Minnesota
(SEAL)