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9.c) Extension of Certificate of Compliance for Jim's Tree Farm Meeting Date: 10/20/2009 Agenda Item: C� � � City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve Extension of Certificate of Compliance(CC) for construction of an agricultural building at Jim's Tree Farm (23393 Nolan Avenue North) Deadline/ Timeline: CC expires November 1, 2009 Background: • On November 1, 2005, Jim and Peggy Simpson received a Certificate of Compliance (CC) from the Township to build a 5,500 square foot agricultural building on his 116-acre tree farm. • On December 19, 2007 the Town Board approved an extension of the CC to November 1, 2007 (Resolution No. 12-19-06-02.) On October 16, 2007, the City Council approved another, 2-year extension to November 1, 2009 (Resolution No. 10-16-07-03.) • According to Section 9.5 of Chapter 1 of the New Scandia Development Code, a CC shall become null and void after one year after it has been issued if the use has not been established. • While some site preparation has been done and utilities have been roughed in, the building has not been constructed. • Mr. Simpson has requested that the City again extend the CC for two years so that he may construct the building in 2010 or 2011. Recommendation: The requirements affecting the proposed use and structure have not changed since the extended CC was approved. I recommend that the Council approve an extension. The draft resolution allows for a two- year extension to November 1, 2011. Attachments/ • Letter dated September 23, 2009 from Jim Simpson Materials provided: . Draft Resolution No. 10-20-09-01 Contact(s): Jim Simpson Prepared by: Anne Hurlburt, Administrator (cc jims tree farm extension 3) Page 1 of 1 10/06/09 Q RECEiVEf3 ] IM SIMPSON `���' ":� � %�l(19 CITY OF SCANDIA City of Scandia I would like to make a request to extend my certificate to construct a new agriculture building at our home farm at 23393 Nolan Ave N. Grading and compaction has been completed and electriciry has been brought to the site, however we want to put the rest of the project on hold until we feel more com- fortable about the economy recovery. We hope to start construction in fall of 2010 and it will carry over to 2011 before all is completed on the inside. Please let me lrnow if you need any other info. Thank you. cE� � �. Jim Simpson 23393 NOLAN AVENUE NORTH, SCANDIA, MINNESOTA 55073 CITY OF SCANDIA RESOLUTION NO. 10-20-D7-01 RESOLUTION EXTENDING CERTI��CATE OF COMPLIANCE FOR JAMES M. SIMPSON A1�iD P�',GGY A:SIMPSON WHEREAS, on November l, 2005, James M. Simpson and Peggy A. Simpson, received approval of a Certificate of Compliance from New Scandia Tc�vnship to permit construction of a 5,500 square foot agricultural building at���93 Nolan Avenue'ATorth; and WHEREAS, the property is legall� descr�bt� � the S�� '/< of the NE '/<, Section 4, Township 32, Range 20, Washington County,A�1in�sota; and WHEREAS, Section 9.5 of Chapter 1 ofthe Scandia Development Code provides that a Certificate of Compliance shall become null and v�xid one year after it has been issued, if the use has not been established; and WHEREAS,on December 19, 2007 the New Scandia Town Board adopted Resolution No. 12-19-06-02, approving an extension of the Certificate of Compliance to November 1, 2007; and WHEREAS,on October 16, 2007 the Scandia City Council adopted Resolution No. 10- 16-07-03, approving an extension of the Certificate of Compliance to November 1, 2009; and WHEREAS, the building has not been constructed and an additional extension has been requested. NOW,THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, , WASHINGTON COUNTY, MINNESOTA, that it should and hereby does extend the Certificate of Compliance for two additional years, to expire on November 1, 2011,based on the same plans and findings of the original application; and FURTHER BE IT RESOLVED,that the following special conditions of the permit shall be met: Resolution No.: 10-20-09-01 ' Page 2 of 2 1. The uses of the buildings on the property shall be as stated in the original certificate of compliance. 2. Sales of trees shall be made to tree spade companies and nurseries. There shall be no general retail sales to members of the public at large on the site. 3. No non-agricultural related commercial business shall be conducted on the premises of which the subject property is a part. 4. The City may cause the property to be inspected on a periodic basis to insure compliance with the Scandia Development Code. F�ilure to comply with the Development Code may result in the revocation af the Certificate of Compliance. Adopted by the Scandia City Council this 20th day of October, 2009. Demnis D. Seefeldt, Mayor ATTEST: ' � � �i � Administrator/Clerk