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08.b1c (OLD) Resolution No. 2022-10 Approve BPF IUP CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2022-10 APPROVING AN INTERIM USE PERMIT 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 AT 12630 LAKAMAGA TRAIL NORTH WHEREAS, Gia DeBartolo, on behalf of BPF Scandia Conservation Lands LLC (Better Place Forest), made an application for an Interim Use Permit in order to construct temporary structures on property located at 12630 Lakamaga Trail North, and WHEREAS, the property is legally described in Attachment A; and WHEREAS, the Planning Commission reviewed the requested amendment for the Conditional Use Permit (CUP) at a duly noticed Public Hearing on March 1, 2022, and recommended that the City Council approve the CUP amendment with conditions; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it hereby does approve of an Interim Use Permit, in order to construct temporary structures, on property located at 12630 Lakamaga Trail North, 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. The proposed amendment would not result in changes any more significant than what was approved in 2020. CC Resolution No.: 2022-10 Page 2 of 2 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 to accommodate vehicles. Adequate public facilities and services will be available and able to accommodate the expected volume of visitors. The proposed IUP will provide facilities and services for the short-term, while the applicant prepares to build the proposed visitor building. 6. The proposed use is consistent with the applicable regulations of the General Rural District, as outlined previously in the 2020 report. 7. As outlined in the 2020 report and in the application, the conditional use meets 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 use of the temporary tent and compostable toilets on the site, as shown on the submitted plans, is permitted for up to 5 years. 2. The applicant shall adhere to the conditions of the previously approved CUP upon expiration of the IUP. 3. Upon expiration of the IUP, the previously approved CUP shall not expire unless a building permit for the proposed visitor building has not been issued by the city. 4. The applicant shall acquire all applicable local, state, or federal permits, and comply with their requirements. 5. The applicant shall pay all fees and escrow costs related to the application. Adopted by the Scandia City Council this 15th day of March, 2022. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator 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 20 W,  Washington County, Minnesota, lying north of the public highway now running over and across said tract.