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08.b1c Ammended Resolution No. 2022-10 Approve BPF IUP 3-13-2022 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 surrounding properties. 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. 4.5. Upon expiration of this permit, all temporary structures shall be removed and returned to its original state. 5.6. The applicant shall pay all fees and escrow costs related to the application. th Adopted by the Scandia City Council this 15 day of March, 2022. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator