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7.b)2) TKDA Memo-Simonson Minor Subdivision and Variance Application � �. b� aJ 444 Cedar Street,Suite 1500 Soint Paul,MN 55101 651.292.4400 � tkda.com TKDA Memorandum To: Scandia City Council Reference: Simonson Minor Subdivision and Kristina Handt, City Variance Application, Administrator City of Scandia Copies To: Mary Louise Simonson Randall Simonson Project No.: 15253.003 From: Sherri Buss, RLA AICP, Routing: Planner Date: March 14, 2013 SUBJECT: Simonson Minor Subdivision and Request for Variance from Roadway Frontage Requirement and Lot Width Requirement in Shoreland Overlay District MEETING DATE: March 19, 2013 LOCATION: 14925 Oakhill Road North Scandia, Minnesota APPLICANT: Mary Louise Simonson ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: April 12, 2013 ITEMS REVIEWED: Application and Preliminary Plat received February 11, 2013; revisions received on March 11, 2013. BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to subdivide an existing 30.8-acre parcel to create 2 parcels, 5.01 acres and 25.81 acres each in size. The lots are identified as Lot 1 and Outlot A respectively on preliminary plat. The applicant is a requesting a variance from the roadway frontage requirement for Outlot A. The proposed lots also require a variance from the required minimum lot width in the Shoreland Overlay District. The property is located in the General Rural (GR) District and within the Shoreland Overlay District of DNR Protected Wetland 82-66W, a Natural Environment Lake. An employee owned company promoting affirmative action and equal opportunity Simonson Minor Subdivision Staff Report Scandia City Council Page 2 March 19, 2013 DETAILED EVALUATION OF THE SUBDIVISION REQUEST: Comprehensive Plan The Comprehensive Plan includes the following goals related to the General Rural District that are relevant to the proposed subdivision request: • The plan encourages residential uses and a mixture of lot sizes in the GR District, with an overall density of 1 unit per 10 acres. • The minimum lot size allowed is 2 acres. • The goals encourage protection of wetlands, shoreland areas and other natural resources The applicant is proposing that the existing single-family residential use continue on Lot 1. Lot 1 will include all of the existing structures. No structures or other development are proposed on Outlot A. The applicant indicated that the next owner of Outlot A has no desire to build on the Outlot, and will use it for recreation. (By definition, an outlot is "a lot remnant or any parcel of land included in a plat that is not buildable at the time of platting.") The Subdivision Chapter of the Code requires that the applicant enter into a Development Agreement for the outlot that specifies the name of the owner and the proposed use of the outlot (Chapter 3, Item 11.11). The overall density of the area will not change as a result of the proposed subdivision. The lot sizes meet the ordinance requirement for the GR District. No new development or use is proposed that would impact the wetlands and shoreland area. The proposed subdivision is consistent with the qoals in the Comprehensive Plan. Density, Lot Size and Width The minimum lot size for newly created lots in the Shoreland Overlay Zone of Natural Environment Lakes is 5 acres, with a minimum lot width of 300 feet. The subject property includes 30.8 acres and would create two new parcels that are 5.01 and 25.81 acres in size. Lot width is measured at the ordinary high water line (OHWL), setback line and road right-of- way. The proposed Outlot A will meet the lot width requirement at the OHWL and required setback from Public Water 82-66W, but will not meet the width requirements at the road right-of- way. Lot 1 will not meet the width requirements at the OHWL and setback from the OHWL, but will meet the requirements at the road right-of-way. Therefore, the proposed subdivision requires a variance from the lot width requirement in the Shoreland District Ordinance. The maximum density for conventional subdivision in the GR District is 4 units per 40 acres. The minimum lot size is 2.0 acres, with a minimum 1.0 acre of buildable area. The existing home would remain on Lot 1, and no new dwelling will be constructed on Outlot A, per the required Development Agreement with the City. Each parcel has more than 1 acre of buildable land, and the density in the area will not change as a result of the proposed subdivision. The proposed subdivision requires a variance from the lot width reauirements in the Shoreland Overlav District for each of the lots. Lot 1 requires a variance for lot width at the OHWL and at the setback from the OHWL; the Outlot reauires a variance from the lot width requirement at the road riqht-of-wav. The subdivision meets the densitv standard and buildable area requirements of the GR District. The variance analvsis is presented in a later section. 1 : , Simonson Minor Subdivision Staff Report Scandia City Council Page 3 March 19,2013 Frontage on fhe Public Roadway The Development Code requires that new lots in the GR District that are 4.0 acres or larger have 300 feet of frontage on a public roadway. The existing parcel has a total of 652.31 feet of frontage on Oakhill Road (County Road 52). The applicant is proposing that Lot 1 will have 449.23 feet of frontage after subdivision, and Outlot A will have 203.08 feet of frontage. No new driveway is proposed for Outlot A. The proposed Outlot A does not meet the frontaqe requirement. The applicants have reauested a variance from the requirement The variance analvsis is presented in a later section. Accessory Structures Lot 1 includes two accessory structures that total 1,489 square feet (plus one shed that is less than 120 square feet in size). No new accessory structures are proposed on either lot with the subdivision application. The Development Code allows up to two non-agricultural accessory structures with a total area of 2,000 square feet on lots between 3.0 and 5.0 acres in size. Lot 1 meets the code requirement The owner of Outlot A would need to build a primarv structure in order to add accessorv structures to the outlot. Wetlands The applicant completed a wetland delineation for the proposed subdivision. The wetland areas and drainage easements are identified on the Preliminary Plat. Future structures or development on the parcels would need to comply with the wetland and buffer regulations of the Carnelian-Marine-St. Croix Watershed District. The DistricYs letter(March 1, 2013) notes that the applicant will need District Permit requiring the marking of wetland buffers. Setbacks The required setbacks in the Shoreland Overlay District of Natural Environment Lakes are as follows: 200 feet for structures; 150 feet for sewage treatment systems; 40 feet from a public roadway; and side yard setback of 20 feet. The GR District requires a rear yard of 50 feet. The existina structures on Lot 1 meet the required setbacks, and no new buildinqs are proposed on Lot 1 or Outlot A. Buildable Area Both lots include at least one acre of buildable area above the OHWL. No new buildings are proposed on the new or existing parcel. Wastewater Treatment The existing homestead is served by an on-site septic system. No new uses that would require wastewater treatment are proposed. Stormwater Management No alteration is proposed in the grades on the site, and no new impervious surfaces are proposed. 1 Simonson Minor Subdivision Staff Report Scandia City Council Page 4 March 19, 2013 The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD)for review. The District's comments included the following: • The applicant will need a Watershed District Permit related to wetland buffer requirements. The District requires that wetland buffer zones be shown on the plat and permanent markers be installed to mark the outer edge of the wetland buffers. The proposed conditions include the requirement that the applicant obtain the required CMSCWD permit. Access The existing driveway serving Lot 1 is located on Oakhill Road, County Road 52. The application was referred to the County for comment, as required by the Development Code. County comments included the following: • The existing right-of-way along County Road 52 in this area is approximately 66 feet wide. The County is seeking to expand the right-of-way widths along county roads to 120 feet as development occurs. Since no residential development is proposed, the County will not require additional right-of-way dedication at this time. The Planner suggested that the issue could be addressed in the Development Agreement. The County staff agreed that if the Development agreement includes a requirement that the right-of-way be expanded to 120 feet if development occurs on Outlot A in the future, that action would address the County's goal to acquire additional right-of-way as development occurs in the area. • The County will require a right-of-way permit for any work within the County Road right- of-way. • The County will require an Access Permit for Outlot A if the owner chooses to create a driveway to access the site from the County Road. The Planner has included the County's proposed conditions in the conditions for approval. Easements The subdivision regulations require that proposed drainage easements be included on the Preliminary and Final Plat. The qroposed easements are indicated on the Plat, and meet the ordinance requirements. Park Dedication Park dedication is required for new subdivisions. The City has the option to obtain park land or collect the fee in lieu of land ($3,000). The property is not within a Park Search Area per the Comprehensive Plan, so the City could propose to collect the park fee of$3,000 in lieu of land. No new housing units are proposed with this subdivision. The park fee is based on the expected demand for new park and trail facilities with new development. The Planner suggests that the City may chose to waive the park dedication fee that would be required for Outlot A at this time, since the new lot will not generate new park system use. A condition is included that the Development Agreement specify that the park dedication fee would be applied in the future if development is proposed on Outlot A. 1 Simonson Minor Subdivision Staff Report Scandia City Council Page 5 March 19, 2013 DETAILED DISCUSSION OF THE VARIANCE REQUEST Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Variances may only be granted when the terms of the variance are consistent with the Comprehensive Plan and in harmony with the general purpose and intent of the development code. The variance criteria include: 1. The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic conditions alone shall not constitute practical difficulties. 5. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 6. The required variance is the minimum action required to eliminate the practical difficulty. 7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The applicant is requesting a variance from the Development Code requirement that lots that are 4.0 acres in size or larger have a minimum frontage of 300 feet on a public roadway. The proposed Outlot A would have approximately 203 feet of frontage on Oakhill Road. The proposed subdivision also requires variances from the lot width requirements of the Shoreland Overlay District for both lots. The applicant's rationale for granting the variance includes the following: • If the existing lot were split to provide 300 feet of frontage for Outlot A, the lot line would create a very irregular lot line (prohibited by the Code); or impact the existing home, and require that the existing accessory structures on Lot 1 be moved; and reduce the buildable area on Lot 1 to under one acre (prohibited by the Code). Findings The following bullets present the Planner's findings related to the Simonson request for a variance, based on the statutory criteria for granting a variance. Each of the criteria are shown in italics: • Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. Granting the requested variances is in harmony with the purposes and intent of the Comprehensive Plan and Development Code based on the following: • The proposed use of the parcels for a single-family residence and recreation is consistent with the Comprehensive Plan goals and policies in the General Rural District and Shoreland Overlay District. • Fronfage requirement. A lot line configuration that would meet the frontage requirement would create conflicts with at least two other code requirements—it 1 , ' Simonson Minor Subdivision Staff Report Scandia City Council Page 6 March 19, 2013 would result in an irregular lot line and a lot that does not have the required buildable area. The purpose of the roadway frontage requirement is to control the number of driveways with access to public roadways. Granting the variance for this subdivision will result in the same number of driveways as if the subdivision met the requirement for 300 feet of frontage on each lot. Granting the variance will not violate the intent of the control. • Lot width requirement. The purpose of the lot width requirement at the OHWL and setback from the OHWL and roadway is to control the density of lots and homes within the Shoreland District. Granting the variance for this subdivision will result in the same number of lots as would occur if the lot width requirements were met. Granting the variance will not violate the intent of the control. • The property owner proposes to use the property in a reasonable manner under the conditions allowed by officia!contro!(s). Single Family Residences, open space and undeveloped outlots are permitted in the General Rural (GR) District, and are therefore reasonable uses of the property. • The practical ditficulties are not caused by the landowner, and are unique to the property. The practical difficulties are caused by the location of the existing home and accessory structures, the size and configuration of the existing lot and the location of the wetland. The difficulties are unique to the property. • The variance would not alter the essential character of the area. Granting the variances would maintain the existing single-family residential character of the area, and will not change the character or use of the area included in the proposed Outlot. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are caused by the location of the existing home and accessory structures, the size and configuration of the existing lot, and the location of the wetland. The difficulties are not related solely to economic conditions. • The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase fhe danger of fire, or endanger the public safety, or substantially diminish or impair property values wifhin the neighborhood. The proposed variance will not impair the supply of light or air to adjacent properties. The applicant is not proposing to develop Outlot A or provide a new driveway access from this property to Oakhill Road, so the subdivision will not increase traffic, congestion or endanger public safety. The use of the two lots will not change from the existing situation, so the subdivision is unlikely to substantially diminish or impair property values in the neighborhood. 1 . . Simonson Minor Subdivision Staff Report Scandia City Council Page 7 March 19,2013 • The required variance is the minimum action required to eliminate the practical difficulty. The variance from the frontage requirement and the lot width requirements are the minimum variance that would be required to eliminate the practical difficulty. A lot line configuration that would meet the frontage requirement would create conflicts with at least two other code requirements—it would result in an irregular lot line and a lot that does not have the required buildable area. • Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Granting the variance will not impact access to direct sunlight for solar energy systems. ACTION REQUESTED: The City Council can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planning Commission held a public hearing on this application at its meeting on March 5, 2013. One neighbor commented on the application, and indicated no objections to the proposed subdivision or variance. The Planning Commission recommended that the Council approve the proposed minor subdivision of the property located at 14925 Oakhill Road North. The Planning Commission also recommended that the Council approve the requested variance from the lot width and frontage requirement to allow Outlot A to have 203.08 feet of frontage on Oakhill Road North, and the variance from the lot width requirements for Lot 1 to be less than the required 300 feet in width at the OHWL and the setback from the OHWL. The Commission recommended the following conditions for approval of the subdivision and variance: 1. The minor subdivision shall be in substantial compliance with the Preliminary Plat. 2. The applicants shall make an adjustment to increase the minimum size of Lot 1 to 5 acres. (This condition was met by the revised plat submitted by the surveyor on March 11, 2013, and has been removed from the conditions included in the resolution.) 3. The applicant shall complete and sign a Development Agreement with the City that specifies the ownership of Outlot A, that Outlot A shall not be developed for residential use at this time, and that the proposed use of Outlot A will be recreation. 4. The Development Agreement shall indicate that the park dedication fee of$3,000 shall be waived based on the proposed use of the Outlot, and that the City shall require payment of the fee in the future if the lot is approved for development. a , R Simonson Minor Subdivision Staff Report Scandia City Council Page 8 March 19, 2013 5. The Development Agreement shall include a requirement that the right-of-way of County Road 52 (Oakhill Road North) be expanded to 120 feet if development occurs in the future on Outlot A. 6. The applicant or property owner shall obtain a County right-of-way permit for any work within the County Road 52 right-of-way. 7. The owner of Outlot A shall obtain a County Access Permit for Outlot A if the owner adds a driveway to access the parcel from County Road 52. 8. The applicant shall obtain the required Watershed Permit. 9. No accessory structures shall be constructed on Outlot A before construction of a primary residential structure. 10. The Applicant shall pay all fees and escrows. 7 - CITY OF SCANDIA, MINNESOTA CITY COLJNCIL RESOLUTION NO. 3-19-13-06 APPROVING MINOR SUBDIVISION AND VARIANCE 14925 OAKHILL ROAD NORTH WHEREAS, Mary Louise Simonson has made an application for a minor subdivision and variance for the parcel located at 14925 Oakhill Road North, and WHEREAS, the property is legally described as follows: Lot 43 and part of Lot 44 County Auditor's Plat No. 6, located in the North Half of Section 23, Township 32 North, Range 20 West, Washington County, Minnesota. WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on March 5, 2013, and recommended approval of the minor subdivision and variance; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COLTNTY, MINNESOTA, that it should and hereby does approve the minor subdivision and variance to allow the subdivision of the existing 30.8-acre parcel into 2 parcels, including Lot 1 consisting of 5.01 acres and Outlot A consisting of 25.81 acres; and a variance from the lot width and frontage requirements to allow Outlot A to have 208.03 feet of frontage on Oakhill Road North and a variance from the lot width requirement at the roadway; and a variance from the lot width requirement of 300 feet at the OHWL and setback from the OHWL for Lot 1. The minor subdivision and variance are granted based on the following findings: 1. T'he request is consistent with the goals and policies in the Comprehensive Plan and the intent of the General Rural District to allow single-family residential uses and recreation uses in the General Rural District and Shoreland Zone. 2. A lot line configuration that would meet the frontage requirement and requirements for lot width at the OHWL and setbacks from the OHWL and roadway would create conflicts with at least two other code requirements—it would result in an irregular lot line, and Lot 1 would no longer have the required buildable area. 3. The purpose of the roadway frontage requirement is to control the number of driveways with access to public roadways. Granting the variance for this subdivision will result in Resolution No.: 03-19-13-06 Page 2 of 3 the same number of driveways as if the subdivision met the requirement for 300 feet of frontage on each lot. Granting the variance will not violate the intent of the control. 4. The purpose of the lot width requirement at the OHWL and setback from the OHWL and roadway is to control the density of lots and homes within the Shoreland District. Granting the variance for this subdivision will result in the same number of lots as would occur if the lot width requirements were met. Granting the variance will not violate the intent of the control. 5. The proposed single-family residential use and recreation use are reasonable under the Development Code. 6. The practical difficulties are related to the location of the existing home and accessory structures on Lot 1, the size and configuration of the existing lot, and the location of the wetland. 7. Granting the variance will not alter the essential character of the area. 8. The practical difficulties are not related to economic conditions alone. 9. The structure will not impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, endanger public safety, or substantially impair property values. 10. The requested variance is the minimum action required to eliminate the practical difficulty. 11. The proposed subdivision will not affect direct solar access for surrounding properties. FLTRTHER BE IT RESOLVED,that the following conditions of approval shall be met: 1. The minor subdivision shall be in substantial compliance with the Preliminary Plat, dated March 11, 2013. 2. The applicant shall complete and sign a Development Agreement with the City that specifies the ownership of Outlot A, that Outlot A shall not be developed for residential use at this time, and that the proposed use of Outlot A will be recreation. 3. The Development Agreement shall indicate that the park dedication fee of$3,000 shall be waived based on the proposed use of the Outlot, and that the City shall require payrnent of the fee in the future if the lot is approved for development. 4. The Development Agreement shall include a requirement that the right-of-way of County Road 52 (Oakhill Road North)be expanded to 120 feet if development occurs in the future on Outlot A. 5. The applicant or property owner shall obtain a County right-of-way permit for any work within the County Road 52 right-of-way. Resolution No.: 03-19-13-06 Page 3 of 3 6. The owner of Outlot A shall obtain a County Access Permit far Outlot A if the owner adds a driveway to access the parcel from County Road 52. 7. The applicant shall obtain the required Watershed District Permit. 8. No accessory structures shall be constructed on Outlot A before construction of a primary residential structure. 9. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 19th day of March, 2013. Sally Swanson, Acting Mayor ATTEST: Kristina Handt, Administrator/Clerk RE"1'URN TO: Nicholas J. Vivian, Esq. ECKBERG, LAMMERS,BRIGGS, WOLFF &VIERLING, P.L.L.P. 1809 Northwestern Avenue Stillwater, Minnesota 55082 CITY OF SCANDIA WASHINGTON COUNTY,MINNESOTA DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AgeemenY') is made this 19`h day of March, 2013 by and between the City of Scandia, a municipal corporation organized under the laws of the State of Minnesota("City") and Mary Louise Simonson, a single person("Developer"). RECITALS WHEREAS, on February 11, 2013, Developer made application with the City for a minor subdivision in accordance with Chapter 3, Section 6 of the Scandia Development Code requesting the subdivision of a single 30.8-acre parcel into two parcels. WHEREAS, the existing parcel is located at 14925 Oakhill Road North Scandia, Minnesota ("Property"); WHEREAS,the Property is legally described as follows: Parce123-032-20-24-0002 Lots Forty-three (43) and Forty-four (44) of County Auditor's Plat No. 6, according to the survey and plat thereof on file and of record in the office of the Register of Deeds of Washington County, Minnesota. EXCEPT: That part of Lot 44 of County Auditor's Plat No. 6, Washington County, Minnesota, described as follows: Beginning at the northwest corner of said Lot 44; Thence on an azimuth of from north of 89 degrees O1 minutes 37 seconds, oriented to the Washington County Coordinate System, North Zone, along the north line of said Lot 44, a distance of 630.47 feet to the northeast corner of said Lot 44; Thence on an azimuth of 150 degrees 26 minutes 43 seconds along the east line of said Lot 44 a distance of 300.00 feet; Thence on an azimuth of 261 degrees 59 minutes 00 seconds a distance of 786.88 feet to a point on the west line of said Lot 44 distant 360.00 feet south of the northwest corner of said Lot 44; Thence on an azimuth of 0 degrees 07 minutes 57 seconds along said west line a distance of 360.00 feet to a point of beginning. WHEREAS, Developer now desires to subdivide the Property into two lots consisting of 5.01 acres—Lot 1 and 25.81 acres—Outlot A; WHEREAS,when subdivided the parcels will be legally described as: Lot 1, Block 1, Simonson Oakhill Estate,Washington County, Minnesota; and Outlot A, Simonson Oakhill Estate, Washington County, Minnesota. WHEREAS,by Resolution,the City Council of the City Scandia approved the Developer's application for minor subdivision on March 19,2013. WHEREAS, the City Council's Resolurion approving the Developer's application is attached to this Agreement as Exhibit A; WHEREAS, Chapter 3, Section 6 of the City's Development Code requires the Developer's execution of a Development Agreement as contemplated in Minn. Stat. §462.358, Subd. 2(a)as a condition of final approval of a minor subdivision; WHEREAS, the parties hereto desire to set forth the respective rights and obligations of the parties to this Agreement; NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein,it is agreed by the parties hereto as follows: 2 of 7 AGREEMENT 1. Minor Subdivision. Developer shall be permitted to subdivide the Property into two Lots as depicted in the Preliminary Plat dated March 11, 2013. The minor subdivision shall be in substantial compliance with the Preliminary Plat. Lot 1 shall consist of 5.01 acres. Outlot A shall consist of 25.81 acres. 2. Ownership of Outlot A. Upon recording of the Final Plat, Outlot A shall be owned by the Developer, Mary Louise Simonson. 3. Improvement of Outlot A. The improvement or development of Outlot A is expressly prohibited without further approval from the City or further platting by the Developer. 4. Use/Development Restriction on Outlot A. The use of Outlot A shall be restricted, and so long as this Ageement remains in effect, shall not be developed for residential use. Further,the use of Outlot A shall be limited to recreational uses only. 5. Accessorv Structures on Outlot A. No accessory structures may be constructed on Outlot A prior to the construction of a primary residential structure. 6. Outlot A Ri t-of-Wa� In the event Outlot A is subdivided in the future or developed for residential purposes, additional right-of-way will be required for dedication as County Road 52 (Oakhill Road North) is an A Minor Arterial roadway requiring 120 feet of right-of-way. Developer shall be required to dedicate the required right-of-way to Washington County in the event future development is permitted by the City. 7. Outlot A Access. Should the Developer desire to driveway access to Outlot A from County Road 52, the Developer shall be required to obtain a County Access Permit from Washington County. Developer shall also be required to obtain all right-of-way permits required by Washington County when working within the County's right-of-way. 8. Park Dedication Fee. The $3,000.00 Park Dedication Fee required by the City's Code of Ordinances shall be deferred based upon the restricted use of Outlot A until such time as the City Council expressly approves Outlot A for residential development. In the event Outlot A is approved for residential development, the $3,000.00 Park Dedication Fee will become immediately due and payable to the City of Scandia. 9. Escrow for Le.gal, EnQineering and Plannin� Fees. Developer shall pay all costs including engineering, planning and legal fees incurred by the City in connection with all aspects of the subdivision of the Property, including the preparation and recording of this Agreement and review and approval of the Final Plat. All engineering, planning and legal fees incurred by the City in connection with the development shall be charged against Developer's escrow account which shall remain in effect until the completion of the development. Any funds remaining in the escrow 3 of 7 account after the completion of the development shall be refunded to the Developer. 10. Additional Developer Obli at� ions. Developer and/or her assigns shall also provide the following information as to each lot or take the appropriate action as set forth below: a. Label appropriate setbacks and drainage and utility easements on the Final Plat for Lots 1 and Outlot A. b. Identify all septic areas and alternate locations on the Final Plat. c. Obtain all necessary permits from Washington County. d. Obtain all necessary Watershed District Permits. e. Apply for the appropriate building permits and pay the required fees as established by the City of Scandia prior to the initiation of construction of any building permitted by this Agreement. f. Provide the City with certification that there are no delinquent property taxes, special assessments, interest or utility fees outstanding against the Property. g. Pay all outstanding escrow account balances prior to the recording of this Agreement. h. Developer shall comply with all other requirements of the Scandia Development Code and the laws of the State of Minnesota. 11. Warranty of Ownership. Developer warrants and represents to the City that she is the fee owners of the land described herein and that she has the authority to execute this Development Agreement and agrees to the conditions thereof. 12. Recordin�. Upon receiving approval of the Final Plat from the County Surveyor, the Final Plat shall be presented to the City for signature, at which time all outstanding fees associated with this Agreement must be paid in full. The Final Plat shall be recorded prior to March 19, 2014 or the City's approval shall become null and void in accordance with its Development Code. 13. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and provisions hereof shall run with the land described herein and shall be binding on and inure to the benefit of the heirs, representatives, and assigns of all the parties hereto, and shall be binding upon all future owners of all or any part of said land. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers. The cost of said recording shall be borne by the Developer. 4 of 7 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF SCANDIA: By: Sally Swanson Its: Acting Mayor By: Kristina Handt Its: City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of March, 2013, before me, a Notary Public, within and for said County and State, personally appeared Sally Swanson and Kristina Handt of the City of Scandia, a municipal corporation of the State of Minnesota, and that said instrument was signed on behalf of said City of Scandia by authority of the City Council of the City of Scandia, and Sally Swanson and Kristina Handt acknowledge said instnzment to be the free act and deed of said City of Scandia. Notary Public SIGNATURE PAGE TO DEVELOPMENT AGREEMENT BETWEEN CITY OF SCANDIA, MINNESOTA AND MARY LOUISE SIMONSON 5 of 7 DEVELOPER: SIMONSON Mary Louise Simonson STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day of March, 2013, before me, a Notary Public, within and for said County and State, personally appeared Mary Louise Simonson, a single person, to me personally known,who acknowledged said instrument to be free act and deed. Notary Public SIGNATURE PAGE TO DEVELOPMENT AGREEMENT BETWEEN CITY OF SCANDIA, MINNESOTA AND MARY LOUISE SIMONSON THIS 1NSTRUMENT DRAFTED BY: Nicholas J. Vivian ECKBERG,LAMMERS,BRIGGS, WOLFF&VIERLING,P.L.L.P. 1809 Northwestern Avenue Stillwater,Minnesota 55082 (651)439-2878 6of7 EXHIBIT A CITY OF SCANDIA RESOLUTION APPROVING MINOR SUBDIVISION 7 of 7