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6.b2 Resolution No. 2020-19 Better Place Forests CUPCITY OF SCANDIA, MINNESOTA CITY COUNCIL RESOLUTION NO. 2020-19 APPROVING VARIANCE FOR PARCELS 21.032.20.33.0004; 28.032.20.22.0001; 28.032.20.21.0001; 28.032.20.12.0003; AND 28.032.20.24.0002 LOCATED ON LAKAMAGA TRAIL NORTH WHEREAS, Liam McNally made an application for a Conditional Use Permit to establish a conservation memorial forest on property along Lakamaga Trail North, and WHEREAS, the property is legally described in Attachment A; and WHEREAS, the Planning Commission reviewed the request for the Conditional Use Permit (CUP) at a duly noticed Public Hearing on June 2, 2020, and recommended that the City Council approve the CUP with conditions; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, approveS a Conditional Use Permit for a conservation memorial forest on Lakamaga Trail for PIDs 21.032.20.33.0004; 28.032.20.22.0001; 28.032.20.21.0001; 28.032.20.12.0003; 28.032.20.24.0002, based on the following findings: 1. The proposed use is consistent with the goals and policies for uses in the General Rural area. It will not require new public facilities or impact the 2. The proposed conservation memorial forest will retain a large area of land in its natural state, which benefits the health and welfare of nearby residents, wildlife and the environment. Visitation and traffic at the site are expected to be low and the proposed activities will be low volume and create no odor. The use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. 3. The use will barely be visible or noticeable to people outside of the property. It is intended as a quiet, sanctuary space for people to find peace and quiet while visiting deceased loved ones. It will not substantially diminish or impair nearby property values or scenic views. 4. The proposed use will not noticeably change the site from what it is today, and therefore will not impede development or improvement of surrounding properties. 5. Small numbers of visitors will be on site at any one time. A visitor building with water and sanitary facilities will be available, as well as a finished driveway and parking spaces Resolution No.: 2020-19 Page 2 of 3 to accommodate vehicles. Adequate public facilities and services will be available and able to accommodate the expected volume of visitors. 6. The proposed use is consistent with the applicable regulations of the General Rural District, as outlined previously in this report. 7. The conditional use meets the general and specific performance standards of the Development Code; and FURTHER BE IT RESOLVED that the following conditions of approval shall be met: Prior to City issuance of final building permits, the applicant shall submit: a. Documented County approval for the new well. b. Documented County approval for the new septic system. c. An approved permit from the local Watershed district for stormwater management. d. A City approved permit for the new driveway access onto Lakamaga Trail North. e. A City approved grading and erosion control permit. f. A City approved sign permit. g. A City approved final Landscape Plan. h. A City approved final Site Plan showing parking lot design and lighting. 2. Prior to site improvements and new trails, a wetland delineation shall be completed and approved by the Washington County Conservation District. 3. Construction equipment and material trucking shall avoid Maxwill Avenue due to its condition. 4. The driveway shall be designed accordingly: a. The first 50 feet of driveway off Lakamaga Trail North shall be bituminous pavement to help prevent visiting vehicles from dragging gravel material onto the public roadway. b. Radius of driveway apron onto Lakamaga Trail North shall be to a minimum of 20 feet. c. Width of driveway from right-of-way to Lakamaga Trail N shall be a minimum of 24 feet. d. The driveway location shall be directly across from Meadowridge Trail North to avoid creating an offset intersection. 5. The applicant shall comply with all local, state, and federal permits and requirements for the new uses on the parcel. 6. The applicant shall pay all fees and escrow costs related to the application. Resolution No.: 2020-19 Page 3 of 3 Adopted by the Scandia City Council this 16th day of June, 2020. Christine Maefsky, Mayor ATTEST: Kenneth Cammilleri, City Administrator Attachment A Legal Description of the Property Real property in the City of Scandia, County of Washington, State of Minnesota, described as follows: Parcel 1: (21.032.20.33.0004) Government Lot 5, Section 21, Township 32 N, Range 20 W, EXCLUDING therefrom that part of Government Lot 5 in Section 21, Township 32 N, Range 20 W, Washington County, Minnesota, described as follows: Beginning at the southwest corner of Section 21; thence easterly along the south line of Section 21, a distance of 800', thence northerly, parallel with the west line of Section 21, a distance of 300'; thence westerly parallel with the south line of Section 21, a distance of 800' to the west line of Section 21; thence southerly along the west line a distance of 300' to the point of beginning; EXCEPT that part platted as Woodland Valleys, Washington County, Minnesota. Abstract Property Parcel 2:(28.032.20.12.003) Those parts of Government Lots 1 and 2, of the SE 1/4 of the NW 1/4, and of the SW 1/4 of the NE 1/4, all in Section 28, Township 32 N, Range 20 W, Washington County, Minnesota described jointly as follows: Beginning at the southeast corner of said Government Lot 1; thence westerly along the south line of said Government lot 1, a distance of 250'; thence northerly, parallel with the east line of said Government Lot 1 to the south shore of Fish Lake; thence northwesterly along the southwesterly shore of said Fish Lake to the north line of said Section 28; thence westerly along the north line to the east line of the west 24 rods of said Government Lot 2; thence southerly along with east line and the east line of the west 24 rods of said SE 1/4 of the NW 1/4 to the center line of Lakamaga Trail north; thence easterly along said center line to the east line of said SW 1/4 of the NE 1/4; thence northerly along the east line to the point of beginning; Except Those parts of Government Lots 1 and 2, the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 28, Township 32 North, Range 20 West, Washington County, Minnesota described jointly as follows: Commencing at the East Quarter corner of said Section 28, thence North 53 degrees 58 minutes 27 seconds West, (based on the east line of the Northeast Quarter of said Section 28 having an assumed bearing North 00 degrees 05 minutes 30 seconds West) a distance of 3337 feet, to the hereinafter referred to "Point A"; thence South 89 degrees 30 minutes 26 seconds East to the southwesterly shoreline of Fish Lake and the point of beginning; thence North 89 degrees 30 minutes 26 seconds West retracing the last call, to said "Point A", thence South 32 degrees 08 minutes 28 seconds West 286.36 feet; thence South 0 degrees 30 minutes 29 seconds West 386.43 feet; thence South 27 degrees 10 minutes 28 seconds East to the center line of Lakamaga Trail North; thence easterly along said center line to the east line of said Southwest Quarter of the Northeast Quarter; thence north along said east line of the Southwest Quarter of the Northeast Quarter to the southeast corner of said Government Lot 1; thence westerly along the south line of said Government Lot 1 a distance of 250.00 feet; thence northerly parallel with the east line of Government Lot 1, to the southwesterly shoreline of Fish Lake; thence northwesterly along said southwesterly shore line to the point of beginning. Abstract Property Parcel 3:(28.032.20.22.0001) The east 20 rods of the NW 1/4 of the NW 1/4 of Section 28, Township 32 N, Range 20 W, Washington County, Minnesota. Abstract Property Parcel 4:(28.032.20.21.0001) The west 24 rods of Lot 2 of Section 28, Township 32 N, Range 20 W, Washington County, Minnesota. Abstract Property Parcel 5:(28.032.20.24.0002) The west 24 rods of all that part of the SE 1/4 of the NW 1/4 of Section 28, Township 32 N, Range 20W, Washington County, Minnesota, lying north of the public highway now running over and across said tract.