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5.d) Extension of Certificate of Compliance, Silva Consultant Services for Cutting Trees Meeting Date: 4/7/09 Agenda Item: >'`` d � r � City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Extend a Certificate of Compliance issued to Silva Consultant Services at PID #33-032-20-33-0001 to allow the cutting of trees in the Shoreland Overlay District until March 1, 2010. Deadline/ Timeline: N/A Background: • The Certificate of Compliance was approved on December 16, 2008. Due to extreme economic conditions, the trees were not harvested in 2009 but will be in 2010. • The Scandia Ordinance stipulates that a certificate of compliance expires after one year. However, a deadline of March 1, 2009 was included in this pefinit to ensure that no work was done outside of `frozen' conditions. • The applicant requests an extension to allow cutting of the trees next winter. Recommendation: My recommendation is to extend the Certificate of Compliance until March 1, 2010. A condition has been added to require that cutting be performed when the ground is frozen. Attachments/ • Draft Resolution 04-07-09-01 Materials provided: . Copy of Original Resolution 12-16-08-03 and report • Letter from applicant Contact(s): Don Mueller, Silva Consultants Forester 715-755-3462 Prepared by: Steve Thorp, Code Official eisenhammer cert of comp extension 03/30/09 CITY OF SCANDIA RESOLUTION NO. 04-07-09-01 CERTIFICATE OF COMPLIANCE FOR PARCEL #33-032-20-33-0001 WHEREAS, a Certificate of Compliance is required for the cutting of trees in the Shoreland Management District; and WHEREAS, the property is legally identified with a Washington County Parcel ID #33- 032-20-33-0001, Washington County, Minnesota; and WHEREAS, the City Council reviewed the original request on December 16`h, 2008 with an amendment reviewed on April 7th, 2009. NOW, THEREFORE, BE IT HEREBY RESOLVED BY TI3E CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Silva Consultants Services for a Certificate of Compliance. FIJRTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. Selective cutting of hardwood trees on approximately 15 acres of the site is permitted. 2. Harvesting of trees shall be complete by March 1, 2010 unless another Certificate of Compliance is issued. 3. All work shall be performed in the winter months when the gound is frozen. 4. The applicant shall pay all costs associated with issuance of this permit. Adopted by the Scandia City Council this 7th day of April, 2009. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator CITY OF SCANDIA RESOLUTION NO. 12-16-08-03 CERTIFICATE OF COMPLIANCE FOR PARCEL#33-032-20-33-0001 WHEREAS, a Certificate of Compliance is required for the cutting of trees in the Shoreland Management District; and WHEREAS, the property is legally identified with a Washington County Parcel ID #33- 032-20-33-0001, Washington County, Minriesota; and WHEREAS, the City Council reviewed the request on December 16t", 2008; 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 request of Silva Consultants Services for a Certificate of Compliance. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. Selective cutting of hardwood trees on approximately 15 acres of the site is permitted. 2. Harvesting of trees shall be complete by March l, 2009 unless another Certificate of Compliance is issued. 3. The applicant shall pay all costs associated with issuance of this permit. Adopted by the Scandia City Council this 16th day of December, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator Meeting Date: 12/16/08 Agenda Item: City Council Agenda Report City of Scandia 14727 209`�' St. North Scandia, MN 55073 (651)433-2274 Action Requested: Issuance of a Certificate of Compliance to Silva Consultant Services at PID #33-032-20-33-0001 to allow the cutting of trees in the Shoreland Overlay District Deadline/ Timeline: N/A Background: • Section 9.1 of the Shoreland Management Regulations requires a Certificate of Compliance be obtained prior to the removal of any trees. • The property does not have an address but is located on the South side of Big Marine Lake. The approximately 50 acre parcel has boundaries that are the North end of Margo Avenue and West of 182"d St N. (see map). • The propert,y was logged back in 1996 or 1997 and select harvesting was done at that time of hardwoods that were either diseased or creating a hazard from falling. • At this time the applicant is asking to again selectively cut the hardwoods for the same reasons. • The cutting will be done in the winter so that trucks can be loaded but at no time will the trucks be near the lake. There should be very little impact on Big Marine Lake. Recommendation: I have spoken with the MN DNR Hydrologist Craig Wills and he sees no issues. Jyneen Thatcher from the Washington County Conservation District and Jim Shaver from the Carnelian Marine Watershed District also identified no issues with the proposed tree cutting. My recommendation is to issue the Certificate of Compliance. Attachments/ • Draft Resolution 12-16-08-03 Materials provided: . Zoning application • Map Contact(s): Don Mueller, Silva Consultants Forester 715-755-3462 Prepared by: Steve Thorp, Code Official eisenhammer cert of comp 03/18/09 ���Y� �����1i117�� ! --- 7�7 HOTse Lake I,a.11e I �f�:=���-:,�'���..� Dresser, Vt�I 5��44 � � � i;��( "; ;% ia'?r� 7l�—�5�-3462 � — � ;;,»�,;����„�z�J��,�:���,;�:�,��: C': 715��x�#�l(r Cfl'Y OF SC;C,NDIH March l�, 20(�9 City of Scandia 14727 209� St North Scandia, M� ��073 Ref: Res�lutinn Nc�. l 2-1�i-{��-l�3 Certificate of Complianc�e for Parcel #33-032-20-33-�(�O1 Because of extreme economic conditions, the���ork on the above parcel vv�as�ot started during this tivinter. Na market e�isted for the trees to be recnoveci. We ask that this Resolution be exteYic�ed to March 1, 2010_ We anticipate not having tc� pay another fee for this e�ctensiun. The factors i�ere beyond out cantrol. � �G�-� Donald E. Mueller