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5.d) Correct Error in Resolution 01-05-10-02 (Resolution 02-16-10-01) Meeting Date: 2/16/2010 Agenda Item: �' / 1 G�l City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651)433-2274 Action Requested: Adopt Resolution No. 02-16-10-01, correcting an error in Resolution No. O l-OS-10-02. Deadline/Timeline: N/A Background: • Resolution No. O1-OS-10-02 approved a Certificate of Compliance and Variances for 21084 Olinda Trail (the Wayne Schmitt project.) • After the resolution was recorded, it was discovered that the legal description provided by Mr. Schmitt was incorrect, and was actually the legal description for the abutting property to the north. • The attached resolution, when adopted and recorded, will correct the error. Recommendation: I recommend that the Council adopt the resolution. Attachments/ • Draft Resolution No. 02-16-10-01 Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (correct resolution legal description) Page 1 of 1 02/09/10 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-01-10-01 APPROVING CERTIFICATE OF COMPLIANCE AND VARIANCES FOR 21084 OLINDA TRAIL WHEREAS, Wayne Schmitt has made application for a certificate of compliance for office use, and for variances from lot size, frontage, sign setback, lighting setback, and landscaping requirements, for renovation of an existing building and construction of an addition to that building, located at 21084 Olinda Trail, City of Scandia; and WHEREAS,the property is legally described as follows: Lot Two(2) in Block One(10) of Scandia, according to the survey and plat thereof on file and of record in the office of the Register of Deeds of Washington County, Minnesota, except the North Twenty-eight (28) feet thereof and an easement for access reserved to the owner of the South 22 feet of said Lot Two (2),to run with the land, over the South Ten (10) feet of the East Seventy-five (75) feet of the North Twenty-eight (28) feet thereof; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on January 5, 2010, and has recommended approval; 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 certificate of compliance for office use, and variances to allow lot size of.08 acre, frontage of 22 feet, sign setback of 2 feet from the right of way, lighting setback of 2 feet from the front lot line and side lot line, and no groundcover planting strip, to allow renovation of the existing building and construction of an addition of 144 square feet for office use,based on the following findings: Resolution No.02-16-10-01 Page 2 of 3 1. A hardship exists because the requested use, office, is allowed with a certificate of compliance in the Retail Business District, and the property cannot be put to this reasonable use without the variances. The lot is too small to allow for signage, lighting, and landscaping that conform to all Ordinance requirements. 2. The variances requested are the minimum needed to alleviate the hardship. 3. The size and dimensions of the lot and existing structure were not created by the property owner. 4. The proposed building and use are consistent with the essential character of the surrounding village center. 5. The request is in harmony with the Comprehensive Plan's goals and policies for the village center. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The addition shall be built in substantial compliance with the floor plans titled General Layout, dated October 7, 2009. The fagade improvements, lighting, fencing, landscaping and signage shall be in substantial conformance with Sheets A1, A2, and A3 dated December 8, 2009. 2. The approved use of the property is office. No change in use or improvements to the building shall be made that would increase water and sewer demand over an average use of 100 gallons per day. 3. One sign, not to exceed 22 square feet in size, is allowed. The applicant shall submit a final design for the sign and obtain a sign permit. The final design must be in substantial conformance with Sheets A2 and A3 dated December 8, 2009. 4. A parking lot shall not be constructed on the subject property. An easement shall be recorded, ensuring that four parking spaces for use by the office located at 21084 Olinda Trail will be provided at the Schmitt Mall parking lot. The easement shall be prepared by the City Attorney, at the applicant's expense. 5. Outdoor lighting shall be turned off within one hour of business closing, except for security lighting. Lighting shall be in substantial compliance with Sheets A2 and A3 dated December 8, 2009. The luminaire shall be cut off at an angle of 90 degrees or less, and the lighting shall conform to all other lighting requirements of the Development Code. 6. Solid waste and recycling containers shall be kept in the fenced area between the building and the adjacent mall. 7. Two narrow coniferous shrubs shall be installed in front of the fence located between the building and the adjacent mall. The rear of the lot shall remain vegetated. Resolution No.02-16-10-01 Page 3 of 3 8. The applicant shall hook up to the wastewater system at his own expense. The applicant shall install a meter that is a type approved by the City, shall pay all applicable sewer user charges, and pay a connection fee of$500.00. 9. The building design and material specifications must substantially conform to the memorandum reviewing the project per the Scandia Design Guidelines, and Sheets A2 and A3 dated December 8, 2009, except that window,panel and door molding material shall be wood, Hardie Board, or other similar, durable material. 10. All fees shall be paid. AND FURTHER, BE IT HEREBY RESOLVED,that the purpose and intent of this Resolution is to correct and replace the legal description in City of Scandia, Minnesota Resolution No. O1-OS-10-02 dated January 5,2010 and recorded January 25, 2010 in the office of the County Recorder of Washington County, Minnesota as Document Number 3776821, a copy of which is attached hereto and made a part hereof by reference. Adopted by the Scandia City Council this 16th day of February, 2010. Dennis D. Seefeldt, Mayor ATTEST: Administrator/Clerk CITY OF SCANDIA, MINNESOTA RESOLUTION NO. O1-OS-10-02 APPROVING CERTIFICATE OF COMPLIANCE AND VARIANCES FOR 21084 OLINDA TRAIL WHEREAS,Wayne Schmitt has made application for a certificate of compliance for office use, and for variances from lot size, frontage, sign setback, lighting setback, and landscaping requirements, for renovation of an existing building and construction of an addition to that building, located at 21084 Olinda Trail, City of Scandia; and WHEREAS,the property is legally described as follows: The North Twenty-eight(28) feet of Lot Two (2) in Block One(1) of Scandia, according to the survey and plat thereof on file and of record in the office of the Register of Deeds of Washington County, Minnesota, subject to an easement for access reserved to the owner of the South Twenty-two (22) feet of said Lot Two(2), to run with the land,over the South Ten(10) feet of the East Seventy-five(75) feet of the tract hereby conveyed, and subject to an easement for a sewer drain presently existing over the northeast corner of the tract hereby conveyed, said easement being reserved to the owner of Lot Eighteen (18) of County Auditor's Plat No. 6, as surveyed and platted, to run with the land; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on January 5, 2010, and has recommended approval; 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 certificate of compliance for office use, and variances to allow lot size of.08 acre, frontage of 22 feet, sign setback of 2 feet from the right of way, lighting setback of 2 feet from the front lot line and side lot line, and no groundcover planting strip, to allow renovation of the existing building and construction of an addition of 144 square feet for office use, based on the following findings: Reso�ution No.O1-OS-10-02 Page Z of 3 1. A hardship exists because the requested use,office, is allowed with a certificate of compliance in the Retail Business District, and the property cannot be put to this reasonable use without the variances. The lot is too small to allow for signage, lighting, and landscaping that conform to all Ordinance requirements. 2. The variances requested are the minimum needed to alleviate the hardship. 3. The size and dimensions of the lot and existing structure were not created by the property owner. 4. The proposed building and use are consistent with�he essential character of the surrounding village center. 5. The request is in harmony with the Comprehensive Plan's goals and policies for the village center. FLTRTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The addition shall be built in substantial compliance with the floor plans titled General Layout,dated October 7, 2009. The fa�ade improvements, lighting, fencing, landscaping and signage shall be in substantial conformance with Sheets A1, A2, and A3 dated December 8, 2009. 2. The approved use of the property is office. No change in use or improvements to the building shall be made that would increase water and sewer demand over an average use of 100 gallons per day. 3. One sign,not to exceed 22 square feet in size, is allowed. The applicant shall submit a final design for the sign and obtain a sign permit. The final design must be in substantial conformance with Sheets A2 and A3 dated December 8, 2009. 4. A parking lot shall not be constructed on the subject property. An easement shall be recorded, ensuring that four parking spaces for use by the office located at 21084 Olinda Trail will be provided at the Schmitt Mall parking lot. The easement shall be prepared by the City Attorney, at the applicant's expense. 5. Outdoor lighting shall be turned off within one hour of business closing, except for security lighting. Lighting shall be in substantial compliance with Sheets A2 and A3 dated December 8, 2009. The luminaire shall be cut off at an angle of 90 degrees or less, and the lighting shall conform to all other lighting requirements of the Development Code. 6. Solid waste and recycling containers shall be kept in the fenced area between the building and the adjacent mall. • w Resulution No. O1-OS-10-02 Page 3 of 3 7. Two narrow coniferous shrubs shall be installed in front of the fence located between the building and the adjacent mall. The rear of the lot shall remain vegetated. 8. The applicant shall hook up to the wastewater system at his own expense. The applicant shall install a meter that is a type approved by the City, shall pay all applicable sewer user charges, and pay a connection fee of$500.00. 9. The building design and material specifications must substantially conform to the memorandum reviewing the project per the Scandia Design Guidelines, and Sheets A2 and A3 dated December 8, 2009, except that window,panel and door molding material shall be wood, Hardie Board,or other similar,durable material. 10. All fees shall be paid. Adopted by the Scandia City Council this Sth day of January, 2010. �i ; / . ( '�1 f/ , ��--- Z/� , .✓ � �� Dennis D. Seefeldt, lY�a or ATTEST: L%G���� �����1� Administrator/Clerk