08.b1 Resolution No. 2022-44 Norcross CUP CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2022-44 APPROVING A CONDITIONAL USE PERMIT FOR PARCEL 04.032.20.34.0004, LOCATED AT 23183 MEADOWBROOK AVE NORTH WHEREAS, Mira and Michael Norcross made an application to request a Conditional Use Permit to construct a detached Accessory Structure with an Accessory Dwelling Unit, with said accessory structure exceeding the square footage requirements of an Accessory Structure by no more than 25%, located at 23183 Meadowbrook Ave North; and WHEREAS, the property is legally described as See Attachment A; and WHEREAS, the Planning Commission reviewed the request for the Conditional Use Permit (CUP) at a duly noticed Public Hearing on December 6, 2022, and recommended that the City Council approve the CUP, with conditions; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of a CUP to construct a detached Accessory Structure with an Accessory Dwelling Unit, with said accessory structure exceeding the square footage requirements of an Accessory Structure by no more than 25%, located at 23183 Meadowbrook Ave North, based on the following findings: 1. The proposed use is a permitted use in the RR-G zone, a conditional use in the Shoreland Overlay, and is not in conflict with the Comprehensive Plan. The use will not require new public facilities or impact the City’s capital improvement plan. 2. The structure will be used for residential use and storage of personal property. The proposed use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. 3. The site is already screened from the roadway and other lots by existing vegetation, the only lot that would be able to easily see the structure is the lot to the south. Given the existing landscape and placement of the structure, it will not substantially diminish or impair nearby property values or scenic views. 4. The proposed use will not change the use of the site from what it is today, residential. An accessory structure will not impede development or improvement of surrounding properties. CC Resolution No.: 2022-44 Page 2 of 3 5. The proposed structure will use the same driveway as the house, no new curb cut or access drive will be needed. The structure will utilize the existing on-site septic system for sewage treatment. 6. The proposed use is consistent with the applicable regulations of the RR-G and Shoreland Overlay Zone, and is consistent with the requirements of accessory structures and ADUs as required in the UDC. 7. This this proposed conditional use meets the general and specific performance standards of the UDC. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The proposed structure shall not have a footprint exceeding 5,758 SF in size, as shown on the plans submitted to the city and reviewed with this request. 2. The proposed structure shall adhere to the proposed setbacks, as shown on the site plan submitted to the city and reviewed with this request. 3. The applicant shall adhere to the requirements of an ADU, as outlined in Chapter 153.300.030 of the Unified Development Code. 4. The applicant shall acquire applicable permits required by the watershed district, and adhere to their requirements. 5. The applicant shall acquire a grading permit from the city for the proposed project. 6. The applicant shall secure all applicable local, state, and federal permits for the proposed structure. 7. The applicant shall pay all fees and escrow costs related to the application. Adopted by the Scandia City Council this 20th day of December, 2022. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator CC Resolution No.: 2022-44 Page 3 of 3 Attachment A THAT PART OF THE SE ¼ OF THE SW ¼ OF SECTION 4, TOWNSHIP 32 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 02 DEGREES 36 MINUTES 45 SECONDS WEST, BEARING ORIENTED TO THE WASHINGTON COUNTY COORDINATE SYSTEM, NAD83, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 439.04 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 15 SECONDS WEST 349.85 FEET, THENCE NORTH 02 DEGREES 36 MINUTES 45 SECONDS WEST, PARALLEL WITH SAUD EAST LINE, 281.12 FEET; THENCE NORTH 82 DEGREES 31 MINUTES 56 SECONDS WEST 351.36 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 22 SECONDS WEST 370.00 FEET; THENCE SOUTH 87 DEGREES 12 MINUTES 38 SECONDS WEST 230.00 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 02 DEGREES 47 MINUTES 22 SECONDS WEST, ALONG SAUD WEST LINE, 581.92 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 1299.74 FEET TO THE NORTHEAST CORNER OF SAUD SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 859.99 FEET TO THE POINT OF BEGINNING, CONTAINING 19.45 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT-OF-WAY OF EXISTING MEADOWBROOK AVENUE ALONG THE WESTERLY LINE THEREOF.