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07_11_2006_PCMinutesJuly 11, 2006 On the above date, the Now Scandia Plaiming Commission held their regular monthly meeting. The following Town Board members were also in attendance: Chairman Dennis Scefeldt, Vice Chairman Michael Hinz, Michael Hametty and Blair Joselyn. Nancy Madden was absent. ADULT ORIENTED BUSINESS ORDINANCE Michael Harnetty made a motion to accept the Planning Commission recommendation to adopt the Adult Oriented Business Ordinance as amended to use the distance requirements recently passed by the State legislature and the 60 day prior notice requirement. Blair Joselyn seconded the motion and motion adopted. BIG MARINE LAKE DEVELOPMENT — T11 CAVO PRELIMINARY PLAT Mark Sandercott, 21080 Olinda Trail, Scandia, with Roger Tomten and Tod Drescher presented the preliminary plat of Tii Gavo (Native American for Gathering Place). Also requested is a Conditional Use Permit for Open Space Design and Planned Unit Development. The applicant requests PUD to allow for exceptions to the zoning ordinances. Legal: Parcel I — Govt. Lot 2, Sec. 33. Parcel;2 - Govt. Lots 4, 5, part of 6, part of 7, Section 28. Parcel 3 —The SE '/4 of the NW 1/4; the NE 1/4of the SW 1/4 and NW 1/4of the SE 1/4, See. 28. PID: 28-032-20-41-0001, 28-032-20-34-0001, 28-032-20-43- 0001, 28-032-20-31-0002, and 33-032-20-12-0001. The Planning Commission recommended to the Town Board to table the request for Accessory Apartments and to recommend to the Town Board that they approve the Preliminary Plat of Th Gavo, the Conditional Use Permit for Open Space Design (OSD) and Planned Unit Development (PUD) to divide 154 acres into 37 lots on the northeast shore of Big Marine Lake on the grounds that it is essentially in conformance with the Township standards for OSD and PUD, with the following conditions. 1) That the Homeowners' Association Open Space Management Plan is approved by the Township. 2) That the conservation casement is approved by the Township. 3) That the applicant confirms the community building will not encroach on the OHWL setback. 4) That the tennis court be located outside of the shore impact zone. 5) That a plan for creation and maintenance of the channel to Turtle Bay be contingent on approval by the Minnesota DNR and Watershed District, and suggested implementation of boardwalk and fishing dock. 6) That the plans recognize a maximum of 25% impervious surface within the Shoreland District. 7) That Washington County approves the community wastewater treatment system and well. 8) That before final plat approval, the covenants define maintenance and management practices of the community wastewater treatment system. 9) That any concerns from the Town Engineer are addressed. 10) That any concerns from the Carnelian Marine Watershed district are addressed and a permit granted. 11) That the applicant continues to work with the Conservation District in addressing stormwater management and erosion control. 12) That a more detailed landscaping plan, including plant quantities and treatment of the beach area and the buffer zone size, be approved before final plat approval. 13) That the combination of park fees and land dedication be resolved. 14) That the Developer and the Township negotiate a height limitation on houses on Block 13, Lots 1, 2 & 3, 15) That the size, placement and design of accessory July 11, 2006 New Scandia Town Board page 2 storage buildings be provided. 16) That the Township Engineer investigate the location of the access roads on Newgate and Lakamaga and make recommendation for traffic management on both access roads. 17) That no copper sulfate or chemicals are used for weed control in Turtle Bay, only mechanical means. 18) That there is only one dock with 19 slips. 19) That the Township Planning Commission and Town Board carefully consider the feasibility of the multiple family housing concept herein called "Transfer of Accessory Apartments" with the stated intent being to provide arrange of housing options and price ranges. Findings are the applicant has proved innovative, creative, cooperative and eager to collectively meet and exceed existing standards. Michael Harnetty made a motion to table the hearing for the Preliminary Plat of Tii Gavo. Dennis Seefeldt seconded the motion and motion adopted. A Workshop will be scheduled to involve Michael Hametty, Michael Hinz, Chris Ness and Peter Schwarz along with Big Marine Lake Development to further discuss the preliminary plat. PATRICK AND BRENDA MELCHIOR — RECONVENED VARIANCE HEARING Planning Commission recommends to the Town Board that they approve variances for Lot Size from 2.5 acres to 1.82 acres, for Road Frontage from 160 feet to 0 feet and Road Setback from 40 feet to no less than 20 feet. Conditions are the road is brought up to the standards set by the Fire Chief and Town Engineer with a 12 foot wide gravel surface and a 16 foot wide opening cleared, that Best Management Practices are used during construction, and that a Watershed District permit is acquired. Michael Harnetty made a motion to accept the Planning Commission's recommendation to approve the variances for Patrick and Brenda Melchior to construct a home. Michael Hinz seconded the motion and motion adopted. Brenda Eklund New Scandia Township Deputy Clerk 8-15-06 Correction to the Melchior Variance: The following condition was left out -- A building permit is not to be granted until the driveway issue has been satisfactorily resolved with surrounding property owners.