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4.a) Res 02-05-14-01 Mann IUP CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-05-14-01 APPROVING AN INTERIM USE PERMIT FOR 18180 OLINDA TRAIL NORTH WHEREAS, Charles and Sherri Mann have made an application for an Interim Use Permit to maintain the existing home in place while a new home is constructed on the property at 18180 Olinda Trail North; and WHEREAS, the property is legally described as follows: Lot 1, Block 1, Bluffs of East Bay; and WHEREAS, the Planning Commission reviewed the request for the Interim Use Permit at a duly noticed Public Hearing on December 3, 2013, 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 Interim Use Permit to permit the existing home on the property at 18180 Olinda Trail North to remain in place while a new home is constructed, based on the following findings: 1. 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. 2. Allowing the existing home to remain will not affect property values or scenic views. 3. The Temporary Dwelling Use of the existing home will not affect the potential for development of neighboring properties. 4. The existing public facilities are adequate to accommodate the existing home and new home. The use will not impose additional unreasonable costs on the public. Resolution No.: 02-05-14-01 Page 2 of 3 5. A Temporary Dwelling Unit During Construction is a permitted use with an IUP in the General Rural District. 6. The conditions permit only one temporary unit. 7. The dwelling unit will be occupied only by persons who are the present or potential occupants of the single-family residence being constructed. 8. 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. 9. The temporary dwelling unit shall use the existing road access drive. 10. The temporary dwelling unit is connected to an approved on-site waste disposal system. 11. The conditions require that 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. 12. The interim use permit shall expire when construction is completed. At the termination of the interim use permit, the temporary dwelling shall be removed from the premises within 30 days. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 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 and the City has issued an occupancy permit for the new home. The applicants shall remove the existing home from the property within 60 days of the expiration of the interim use permit. 7. The Applicant shall pay all fees and escrows. Adopted by the Scandia Planning Commission this 5th day of February, 2014. Resolution No.: 02-05-14-01 Page 3 of 3 ______________________________ Christine Maefsky, Chair ATTEST: _________________________________ Kristina Handt, Administrator/Clerk