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8.b1 Resolution 2020-25 Big Marine Store CUP AmendmentCITY OF SCANDIA, MINNESOTA CITY COUNCIL RESOLUTION NO. 2020-25 APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR THE BIG MARINE STORE LOCATED AT 19261 MANNING TRAIL NORTH WHEREAS, Patrick Reicherts has applied for an amended Conditional Use Permit to allow a building addition and parking lot expansion at the Big Marine Store, in order to expand the existing convenience store, located at 19261 Manning Trail North, City of Scandia; and WHEREAS, the property is legally described as follows: All that part of the SW 1/4 of SE 1/4 of Sect 30, Twp 32 N, Range 20 W described as follows: Commencing at the NW Corner of said 40 -acre tract, running thence South 12 rods and 5 feet to a point, thence East at right angles 26 rods to a point, thence North at right angles and parallel with the West line of said tract to the North line of said tract 12 rods and 5 feet, thence West on the North line of said tract to the place of beginning, containing 2 acres, more or less; Also all that part of the NW 1/4 of SE 1/4 of Sect 30, Twp 32 N, Range, 20 W, described as follows, to -wit: Commencing at the SW corner of the said NW 1/4 of SE 1/4, thence East on the South line thereof 26 rods to a point, thence North at right angles 12 feet to a point, thence West at right angles 26 rods to a point on the West line thereof 12 feet North of the SW corner, thence South 12 feet to the point of beginning and together with a permanent prescriptive easement of a "gravel driveway" situated in the County of Washington, State of MN, and legally described as follows ,to -wit: That part of the NW 1/4 of SE 1/4 of Sect 30, Twp 32N, Range 20 W, described as follows: Commencing at the SW corner of said NW 1/4 of SE 1/4; thence North, assumed bearing along the West line of said NW 1/4 of SE 1/4a distance of 12 feet to the point of beginning; thence north 88 deg 21 min 19 sec East parallel with the South line of said NW 1/4 of SE 1/4a distance of 185 feet; thence north 73 deg 10 min 40 sec West 61.11 feet; thence North 87 deg 06 min 36 sec West 119 feet to the West line; thence South along said West line 26 feet to the point of beginning, subject to a road easement for C.S.A. No. 15 along the West line thereof. Containing 3,395 square feet, more or less; and WHEREAS, the existing Conditional Use Permit was approved by New Scandia Township on October 7, 2003, and amendments were approved to the CUP by the City of Scandia on January 1, 2004, on September 4, 2007 and on May 16, 2017; and Resolution No. 2020-25: Page 2 of 4 The Planning Commission reviewed the request at a duly noticed Public Hearing on April 7, 2020, and further reviewed a revised plan on July 7, 2020 and recommended approval of the amended CUP with conditions: and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it recommends approval of an amended Conditional Use Permit to allow a building addition and parking lot expansion at the Big Marine Store, in order to expand the existing convenience store, located at 19261 Manning Trail North, based on the following findings: 1. The proposed use is consistent with the goals and policies for uses in the Rural Commercial area, as it continues an existing, permitted use. It will not require new public facilities or impact the City's capital improvement plan. 2. The proposed use would not endanger the public welfare. If the applicant meets the conditions included with this CUP, and obtains all required permits, the use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. 3. The proposed expansion will not change the current use of property. The conditions for approval require that the proposed development will need to meet the requirements of the Development Code. The Watershed shall indicate what it requires to address the drainage of stormwater from the site to the adjacent property on the east, such that the proposed expansion will not negatively impact adjacent property values or scenic views. 4. The proposed use is an expansion of the existing commercial use on the property. It will not negatively affect the development or improvement of surrounding properties for permitted uses in their respective zoning districts. 5. Adequate public facilities and services are available or can be provided for the new use. 6. The proposed use, if meeting the current and proposed conditions with this CUP, would be consistent with the applicable regulations of the Rural Commercial Zoning District. 7. The use will be required to comply with the conditions of the existing CUP and proposed conditions of the amended CUP in order to meet the general and specific performance standards of the Development Code. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The existing and proposed use of the property shall follow the conditions listed below, as well as the previously approved Conditional Use Permit and amendments. 2. Any change in use shall require amending the Conditional Use Permit. Resolution No. 2020-25: Page 3 of 4 3. Prior to City issuance of final building permits, the applicant shall submit: a. Documented County approval for the new well, if applicable. b. Documented County approval for the new septic system, if applicable. c. A Watershed permit for stormwater management. d. A lighting plan meeting requirements of the Scandia Development Code. e. A landscaping plan meeting the requirements of the Scandia Development Code, showing existing and proposed screening, and a minimum of 11 new trees. f. Building plans showing the building addition meets the height standard, is consistent with the existing building design and materials, and meets the Development Code and Design Guidelines requirements. g. Detailed plans and elevations addressing comments by the City Engineer addressing ADA parking, paving, curbing, grading, and stormwater management. 4. The applicant shall comply with all local, state, and federal permits and requirements for the new and existing uses on the parcel. 5. The applicant shall obtain a building permit and grading permit for the proposed expansion and shall stake the location of the building expansion in the field and the required side setback for verification by the Building Inspector. 6. The applicant shall obtain a Washington County Access Permit for any work (i.e. utilities and grading) within the County right-of-way. 7. Prior to a Certificate of Occupancy being issued for the new use, the owner shall contact the City for inspection to assure that all improvements are completed correctly. The expansion cannot be occupied until approved by the City. 8. The applicant shall obtain the required liquor license from the City. 9. The applicant shall obtain permits as required for the storage and handling of flammables. 10. The applicant shall comply with Washington County's requirements for the road entrances and exits. 11. The signage for the uses shall comply with the City's Development Code and County easement requirements. 12. The historic nature of the building shall be retained or enhanced where possible. 13. The applicant shall meet all requirements of the Development Code and any existing Code violations shall be corrected. 14. This permit shall be reviewed annually. After commencement of the business activities, if the Zoning Administrator determines additional conditions are necessary, they shall be made part of this permit. Resolution No. 2020-25: Page 4 of 4 15. The applicant shall pay all fees and escrow costs related to the application. Adopted by the Scandia City Council this 21st day of July, 2020. Christine Maefsky, Mayor ATTEST: Brenda Eklund, City Clerk