08.b1c Resolution No. 2022-11 Approve BPF CUP Amendment
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2022-11
APPROVING AN AMENDMENT FOR A CONDITIONAL 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 to amend a previously approved Conditional Use Permit to
establish a conservation memorial forest 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 approves of an
amendment to a previously approved Conditional Use Permit, for a conservation memorial forest
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.: 2022-11
Page 2 of 3
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 Conditional Use Permit shall expire 5 years from the date of approval of this
amendment and the 2022 Interim Use Permit for the site, unless a building permit for the
proposed visitor building has been issued by the city.
2. The amended site plan shall be updated to address the following items:
a. Denoting all signage on the site, including ‘on-way traffic’ signage and ‘handicap
parking’ signage.
b. If not operating in the winter, a gate or barrier should be added near the site
entrance
c. Identify trees removed near site entrance.
d. Add details on ADA accessibility to the proposed temporary structures
e. Add approved well location.
3. The applicant shall notice the city of a transfer of property prior to IUP/CUP completion
as a condition or as part of a Development Agreement
4. The applicant shall secure all applicable local, state, and federal permits for the proposed
conditional use.
5. The applicant shall pay all fees and escrow costs related to the application.
6. The conditions approved with the original 2020 Conditional Use Permit, approved July 1,
2020; shall remain in effect.
CC Resolution No.: 2022-11
Page 3 of 3
Adopted by the Scandia Planning Commission 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.