5.b Resolution 06-05-18-02 Amending the Conditional use permit for the Big Marine StoreCITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 06-05-18-02
APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR THE BIG MARINE
STORE LOATED AT 19261 MANNING TRAIL NORTH
WHEREAS, Patrick Reicherts has applied for an amended Conditional Use Permit to
add 16 hotel/motel units, a patio, and required parking at the Old Marine Store, located at 19261
Manning Trail North, City of Scandia; and
WHEREAS, the property is legally described as follows:
All that part of the SW 1/4 of SE 1/4 of Sect 30, Twp 32 N, Range 20 W described as
follows: Commencing at the NW Corner of said 40 -acre tract, running thence South 12 rods and
5 feet to a point, thence East at right angles 26 rods to a point, thence North at right angles and
parallel with the West line of said tract to the North line of said tract 12 rods and 5 feet, thence
West on the North line of said tract to the place of beginning, containing 2 acres, more or less;
Also all that part of the NW 1/4 of SE 1/4 of Sect 30, Twp 32 N, Range, 20 W, described as
follows, to -wit: Commencing at the SW corner of the said NW 1/4 of SE 1/4, thence East on the
South line thereof 26 rods to a point, thence North at right angles 12 feet to a point, thence West
at right angles 26 rods to a point on the West line thereof 12 feet North of the SW corner, thence
South 12 feet to the point of beginning and together with a permanent prescriptive easement of a
"gravel driveway" situated in the County of Washington, State of MN, and legally described as
follows ,to -wit: That part of the NW 1/4 of SE 1/4 of Sect 30, Twp 32N, Range 20 W, described as
follows: Commencing at the SW corner of said NW 1/4 of SE 1/4; thence North, assumed bearing
along the West line of said NW 1/4 of SE 1/4a distance of 12 feet to the point of beginning; thence
north 88 deg 21 min 19 sec East parallel with the South line of said NW 1/4 of SE 1/4a distance of
185 feet; thence north 73 deg 10 min 40 sec West 61.11 feet; thence North 87 deg 06 min 36 sec
West 119 feet to the West line; thence South along said West line 26 feet to the point of
beginning, subject to a road easement for C.S.A. No. 15 along the West line thereof. Containing
3,395 square feet, more or less; and
WHEREAS, the existing Conditional Use Permit was approved by New Scandia
Township on October 7, 2003, and amendments were approved to the CUP by the City of
Scandia on January 1, 2004, on September 4, 2007, and on May 16, 2017; and
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The Planning Commission reviewed the request at a duly noticed Public Hearing on June
5, 2018, and recommended approval of the amended CUP with conditions: and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, that it should and hereby does recommend approval of an amended Conditional
Use Permit to allow a new Restaurant/Bar use at the Big Marine Store, located at 19261 Manning
Trail North, based on the following findings:
1. The proposed use is consistent with the goals and policies for uses in the Rural
Commercial area in the City's Comprehensive Plan. It will not require new public
facilities or impact the City's capital improvement plan.
2. The approval of the CUP depends upon the applicant meeting required conditions for the
septic system, well, landscaping and screening, stormwater management, and
roadway/easement impacts that will be generated by the expanded use and supporting
facilities. If the applicant meets the conditions and obtain all required permits, the use
will not create adverse impacts on the public health safety, morals, comfort or general
welfare of the public.
4. The new use will generally be accommodated with the existing and proposed buildings,
and will not affect the use of adjacent properties. The conditions for approval require that
the proposed parking lots be screened from adjacent properties by vegetation, berming or
fencing on the applicant's parcel to meet the requirements of the Development Code, and
that the applicant obtain a drainage easement for stormwater generated on the parcel that
will flow across another private parcel so that the proposed expansion will not negatively
impact adjacent property values or scenic views.
5. The proposed use is an expansion of the existing commercial use on the property. It will
not negatively affect the development or improvement of surrounding properties for
permitted uses.
6. Adequate public facilities and services are available or can be provided for the new use.
7. The proposed use is consistent with the applicable regulations of the Rural Commercial
Zoning District.
8. The use will be required to comply with the conditions of the existing CUP and proposed
conditions of the amended CUP in order to meet the general and specific performance
standards of the Development Code.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
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1. The Conditional Use Permit allows for a convenience store with gasoline pumps, a liquor
store, an upstairs office or apartment, a restaurant/bar with up to 90 seats and up to 16
hotel/motel units and required facilities to support the uses permitted. Any change in use
shall require a new permit.
2. The applicant shall submit a final, detail site plan that is drawn to scale and shows the
existing County easement, the location of Manning Trail North, existing structure
locations and setbacks, proposed building expansion and setbacks, proposed patio,
parking lots, and related facilities; and a drainage and grading plan, lighting plan, and
landscape plan. City staff shall approve the plan prior to issuance of a building permit
including verification of lot coverage and that the plan meets the City's parking and
screening requirements.
3. The final site plan shall include a survey by a registered land surveyor that verifies the
location of the County's highway easement within the parcel. The patio and proposed
wall shall not be allowed within the County's easement.
4. The existing structure shall not be expanded to encroach further than the existing
structure into the required 75' setback from the County highway (CSAH 15).
5. The revised plans shall address the Engineer's comments in his email dated May 23,
2018.
6. The revised plans shall include a lighting plan, landscaping plan, and screening within the
applicant's parcel that meet the Development Code requirements.
7. The applicant shall comply with all local, state, and federal permits and requirements for
the new and existing uses on the parcel.
8. City staff shall review the final building plans to determine if the proposed building
expansion meets the height standard, is consistent with the existing building design and
materials, and meet the Development Code and Design Guidelines requirements.
9. The applicant shall obtain a building permit and grading permit for the proposed
expansion, and shall stake the location of the building expansion in the field and the
required side setback for verification by the Building Inspector.
10. The applicant shall obtain County approval and permits for a septic system that will
accommodate the proposed uses, and shall provide information on the site's current water
consumption and waste strength to the County to determine if the current system
complies with County standards.
11. The applicant shall obtain a Washington County Access Permit for any work (i.e. utilities
and grading) within the County right-of-way.
12. The applicant shall obtain the required permit(s) from the Carnelian -Marine -St. Croix
Watershed District, and shall adhere to all conditions of the permit(s).
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13. All lighting shall meet the requirements of the Development Code and the 2004 zoning
permit issued for the use.
14. One accessory building is allowed on the parcel. The building shall only be used for
storage related to the uses permitted on the parcel. No other business is allowed in this
building. Leasing or renting the accessory building for storage or any other use is
prohibited.
15. All trash shall be stored inside a building or entirely screened form the road and all
property lines.
16. Prior to a certificate of occupancy being issued for the new use, the owner shall contact
the City for inspection to assure that all improvements are completed correctly. The
expansion cannot be occupied until approved by the City.
17. The applicant shall install and maintain Do Not Enter signs and clearly marked No
Parking signage on the north easement access.
18. The applicants shall obtain the required liquor license from the City.
19. The applicants shall obtain permits as required for the storage and handling of
flammables.
20. The applicants shall comply with Washington County's requirements for the road
entrances and exits.
21. The signage for the uses shall comply with the City's Development Code and County
easement requirements.
22. The historic nature of the building shall be retained or enhanced where possible.
23. The expansion shall use the same design and materials as the existing structure.
24. The parking and landscaping on the site shall meet the requirements of the Development
Code. If the City finds that there is a shortage of parking spaces when the uses are
established, it may require additional parking spaces.
25. The applicants shall meet all requirements of the Development Code, and existing Code
violations shall be corrected.
26. This permit shall be reviewed annually. After commencement of the business activities,
if the Zoning Administrator determines additional conditions are necessary, they shall be
made part of this permit.
27. The applicants shall pay all fees and escrow costs related to the application
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Adopted by the Scandia Planning Commission this 5th day of June, 2018.
Dan Squyres, Chair
ATTEST:
Neil Soltis, Administrator/ Clerk