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9-07-99September 7, 1999 On the above date New Scandia Planning Commission held their regular monthly meeting. The following Board Members were also present: Chairman, Dennis Seefeldt, Vice Chairman, Paul Rasmussen, Michael Hinz, Robert Jensen and Bruce McConoughey. Howard Hochule/Variance Planning Commission recommends to the Town Board to grant the following variances to Howard Hochule, 18829 Layton Avenue/ 1484 18th Avenue NW, New Brighton, MN 55112. Lot 8, Block 1, Holiday Beach. 1)Lot size 1.5 acres to .11 acres; 2)Lake frontage 150 feet to 49.8 feet; 3)Road frontage 150 feet to 55 feet; 4)Road setback 40 feet to 0 feet; 5) Lot coverage 28.90-. (259,5 or less required);and deny the original request for a sideyard setback variance of 10 feet to 5.1 feet, on the grounds that this is a reasonable use of the property and the need for variances on lot size, lake and road frontage are no owner created. Conditions are the shed in the roadway and the boathouse is removed. Findings are this is a reasonable use of the property. Robert Jensen made a motion to approve the Planning Commission recommendation for the variances for Howard Hochule. Bruce McConoughey seconded the motion and motion adopted unanimously. Girl Scout Council Of St. Croix Valley/CUP Planning Commission recommends to the Town Board to grant the Conditional Use Permit to the Girl Scout Council of St. Croix Valley, 400 South Robert Street, St. Paul, MN 55107. That part of the S 1/2 of Govt. Lot 2 and part of Govt. Lot 1, Section 29, Township 32, Range 20. The street location in New Scandia Township is 12303 Lakamaga Trail. To allow improvement of facilities on the grounds that it is a reasonable use of the property and will create minimal impact to surrounding lands. Conditions are: 1)all necessary permits from the Carnelian -Marine Watershed District are obtained; 2)Washington SWCD review plans to determine wetland permit needs; 3)grading,erosion and runoff control measures are approved by the township engineer; 4)septic information on the installation of an on -site sewage disposal system must be submitted to the township; and 5)all landscape is installed according to submitted plan. Findings are the request meets the conditions of the Zoning Ordinance. Paul Rasmussen made a motion to approve the Planning Commission recommendation for the Conditional Use Permit for the Girl Scout Council of St. Croix Valley. Michael Hinz seconded the motion and motion adopted unanimously. page 2 James and Nancy Stratton/Minor Subdivision Planning Commission recommends to the Town Board to grant the Minor Subdivision to James and Nancy Stratton, 12255 205th Street, Marine, MN 55047. Legal description Lot 4, Block 1, Maxwill Bay. For a Minor Subdivision on the grounds that Big Marine Lake is a Recreational Development Lake and requires a 2.5 acre minimum lot size with 150 feet minimum width at the Ordinary High Water level. Conditions are: 1)a revised survey showing the original lot, proposed lots, the contours of the drainage easement and the ordinary high water mark;2)buildable area on the parcels and the proposed building pad;3)drainage grading and erosion control plans are to be submitted with the building permit;4)any wetlands delineated;and 5)soil testing and letter of approval submitted for the installation of a new on - site sewage disposal system. Findings are the revised survey shows lots meet all requirements of the Shoreland Ordinance. Paul Rasmussen made a motion to approve the Minor Subdivision for James and Nancy Stratton. Michael Hinz seconded the motion. Dennis Seefeldt, Paul Rasmussen, Michael Hinz voted yes, Robert Jensen, no and Bruce McConoughey voted no. Motion adopted. Charles Schwartz,Tri-Star Truck and Ted Harms/CUP Planning Commission recommends to the Town Board to grant the Conditional Use Permit for Charles Schwartz, Tri-Star Truck, 21239 Olinda Trail, Scandia, MN. Legal description Lot 49, County Auditors Plat No.6. To operate a auto repair, truck repair, body work and welding shop at 21239 Olinda Trail, on the grounds that it is a permitted use. Conditions are: 1)Completion and implementation of all eight recommendations in Thomas Borchardt's septic system report of August 27, 1999, and inspection thereof by Mr. Borchart or other certified MPCA official and written verifications and approval is submitted to the township;2)Completion and implementation of all July 28, 1999 recommendations by town planner, Meg McMonigal, and inspection thereof by Ms. Meg Mc Monigal and written verification and approval thereof is submitted to the township;3)That Mr. Charles Schwartz/Tri Star Truck receives a Washington County Hazard Generator license and a copy thereof is submitted to the township;4)That the Tri Star Truck paint spray booth is approved by a state certified Fire Prevention Engineer and written verification thereof is submitted to the township;;5)Parking requirements are met in that a total of four parking spaces are allowed -two on the north side and two on the west side, not to block the overhead door;6)There is no outside storage. All trash, barrels, equipment and other outdoor items are removed from the site. The oil tanks must be removed by January 1, 2000. Waste refuse and garbage page 3 must be kept in an enclosed building or properly contained in a closed container and fully screened. All structures and grounds shall be maintained in an orderly, clean and safe manner;7)All hazardous materials to be used including oil and gasoline storage of over 2,000 gallons and above ground tanks, comply with all County and State regulations and receive the appropriate permits for such use. A drainage system for collection of any hazardous material run-off must be installed, subject to approval by the Washington County Hazardous Waste Department;8)The entire site, other than that devoted to structures and landscaped areas, shall be an impervious surface and maintained for control of dust, erosion and drainage;9) No vehicles shall be parked on the premises other than those utilized by employees, customers awaiting service or as allowed through a conditional use permit. Storage of inoperable, salvage or vehicles and equipment for sale or rent shall be prohibited;10)A landscape plan is submitted by October 15, 1999 meeting the requirements of the Ordinance; 11)If the existing sign is replaced, a sign permit must be applied for and issued by the Township separate from the Conditional Use Permit;12)Inspections shall be conducted every three months by the New Scandia Building Official and reports submitted to the township in writing by the building official. Michael Hinz made a motion to approve the Planning Commission recommendations for Tri-Star Truck/Ted Harms Conditional Use Permit. Paul Rasmussen seconded the motion. Dennis Seefeldt, voted yes, Paul Rasmussen, yes, Michael Hinz, yes, Robert Jensen, yes. Bruce McConoughey voted, no. Motion adopted. Bill Clapp -Minnesota Land Trust Mr. Bill Clapp, 19955 Quinnell Avenue North, Scandia, gave a short presentation as a representative of the Minnesota Land Trust, a non-profit organization that accepts conservation easements and enforces conditions of the easements. Mr. Clapp stated he would like New Scandia Township to consider the Minnesota Land Trust as a co -holder of conservation easements for newly platted land. The Land Trust would develop easement language, prepare base line property reports, do annual inspections, and pursue violations by landowners through the courts all at the expense of the Land Trust. A co-owner relationship would also deflect political pressure from the township if landowners were to violate agreements or town officials were to receive pressure to develop dedicated open space. The Land Trust asks for a $2,000 donation from landowners that voluntarily place their land in a conservation easement. This donation is placed in a endowment/stewardship fund for enforcement costs. When a conservation easement is required by the zoning ordinance, the Land Trust requires a $5,000 payment from the landowner or developer plus a $1,000 fee. This page 4 arrangement places the burden on the developer rather than the taxpayer to protect these easements. Mr. Clapp questioned if the Township or county would provide these services for protection conservation easements at no cost to the taxpayers. Dolores Peterson New Scandia Township Clerk