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08.b2 Resolution No. 2022-45 Lorenz IUP CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2022-45 APPROVING A CONDITIONAL USE PERMIT FOR PARCELS 19.032.19.22.0004 & 19.032.19.22.0008, LOCATED AT 16315 209TH STREET NORTH WHEREAS, Correy and Michelle Lorenz made an application to request an Interim Use Permit to allow for livestock at a density greater than permitted, located at 16315 209th Street North; and WHEREAS, the property is legally described as See Attachment A; and WHEREAS, the Planning Commission reviewed the request for the Interim Use Permit (IUP) at a duly noticed Public Hearing on December 6, 2022, and recommended that the City Council approve the IUP, with conditions; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of an Interim Use Permit to allow for livestock at a density greater than permitted, located at 16315 209th Street North, based on the following findings: 1. Livestock and Livestock Operations are a permitted use in the RR-G zone, and is not in conflict with the Comprehensive Plan. The ordinance permits additional animal density through an IUP. The proposed use will not require new public facilities or impact the City’s capital improvement plan. 2. The proposed use is permitted within this zone, just at a higher animal density than permitted. The proposed use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. The interim use will terminate three years from date of approval, to allow the city to review and mitigate potential issues with the intensity of the proposed use. Due to the proposed transfer of manure, a Manure Management Plan shall be required to be submitted to the city. 3. The site is already screened from lots to the east, west, and south by existing vegetation, the only lot that would be able to easily see the structure is the lot to the north. Drivers at the intersection of 209th and the highway would also be able to see the proposed use. Most properties are either agricultural or residential in use, as lots in this portion of the city are zoned RR-G. This zone is meant to ‘promote the rural character of the city’, the raising of livestock would be consistent with a rural setting. Given the existing CC Resolution No.: 2022-45 Page 2 of 4 landscaping between the subject property and neighboring lots, and the rural character of the area, this use will not substantially diminish or impair nearby property values or scenic views. 4. The proposed use will not impede development or improvement of surrounding properties. 5. The proposed use will use the same driveway as the house, no new curb cut or access drive will be needed. The proposed use would not require an extension of city-owned public facilities. 6. The proposed use is consistent with the applicable regulations of the RR-G Zone, and is consistent with the requirements of the UDC. Conditions of approval can be added if the Planning Commission finds issues with the proposed use in relation to surface or ground water contamination, excessive manure accumulation, odor, noise, and other potential nuisances. 7. This proposed interim use meets the general and specific performance standards of the UDC. 8. Livestock are a permitted use in the RR-G zone; the proposed density of 3.25 animal units per acre (20 animal units on 6.15 acres of land) is able to be permitted through an interim use permit. 9. As an interim use, the city can set an end date or ‘sunset’ of the interim use. 10. The proposed use would not require an extension of city-owned infrastructure or facilities (such as roads, city sewer, etc.). 11. Conditions of approval must be agreed to by the applicant. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The applicant is permitted a maximum of 20 cattle on the property. Increases in the number of cattle on the site shall require an amendment to the IUP. 2. The applicant shall adhere to the fencing and accessory structure requirements of the UDC. 3. The applicant shall submit a manure management plan to the city. 4. The applicant shall acquire applicable permits required by the watershed district, and adhere to their requirements. 5. The IUP shall terminate three years from the date of approval in the event the property is sold, the use is discontinued, or conditions of the permit are violated, whichever occurs first. CC Resolution No.: 2022-45 Page 3 of 4 6. The applicant shall secure all applicable local, state, and federal permits for the proposed request. 7. The applicant shall pay all fees and escrow costs related to the application. Adopted by the Scandia Planning Commission this 20th day of December, 2022. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator CC Resolution No.: 2022-45 Page 4 of 4 Attachment A Parcel ID 19.032.19.22.0004: SECTION 19 TOWNSHIP 032 RANGE 019 THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW 1/4 OF NW 1/4) OF SECTION 19, TOWNSHIP 32, RANGE NINETEEN 19, WHICH LIES WEST OF THE CENTER LINE OF MINNESOTA TRUNK HIGHWAY NO. 95, EXCEPT THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT AND RUNNING THENCE NORTH ON THE WEST LINE THEREOF A DISTANCE OF 450.00 FEET TO A POINT WHICH IS THE PLACE OF BEGINNING OF THE TRACT TO BE CONVEYED; RUNNING THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF ABOVE TRACT A DISTANCE OF 460.00 FEET, MORE OR LESS, TO THE CENTER OF TRUNK HIGHWAY 95; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID HIGHWAY 95 A DISTANCE OF 181.50 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF ABOVE TRACT, A DISTANCE OF 460.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID NORTHWEST QUARTER OF NORTHWEST QUARTER (NW 1/4 OF NW 1/4); THENCE SOUTH, ALONG THE WEST LINE OF SAID TRACT, 181.50 FEET TO THE PLACE OF BEGINNING: AND EXCEPT THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW 1/4 OF NW 1/4) OF SECTION 19, TOWNSHIP 32, RANGE NINETEEN 19, WHICH LIES WEST OF THE CENTER LINE OF MINNESOTA TRUNK HIGHWAY NO. 95, EXCEPT THEREFROM THE SOUTH 631.5 FEET THEREOF. Parcel ID 19.032.19.22.0008: OUTLOT B BALFANZ VALLEY VIEW EXCEPT THAT PART LYING NOTHERLY OF LINE PARALLEL WITH & DISTANCE OF 33 FEET SOUTHERLY OF LINE "1" DESCRIBED BELOW: LINE "1" BEGINNING AT A POINT ON LINE “2” DESCRIBED BELOW A DISTANCE OF 100 FEET EASTERLY OF ITS POINT OF TERMINATING THEN EASTERLY ON SAID LINE “2” A DISTANCE 300 FEET & THERE TERMINATING: LINE "2" DESCRIBED AS FOLLOWS FROM POINT ON NORTH LINE SAID SECTION 170.39 FEET EAST OF THE NORTHWEST CORNER THEREOF THEN SOUTHWESTERLY AT 73 DEGREES 21 MINUTES 34 SECONDS AT AN ANGLE FROM SAID NORTH SECTION LINE MEASURING W-S DIST 12.89FT THEN DEFLECTED LEFT AT AN ANGLE 35 DEGREES 46 MINUTES 22 SECONDS A DISTANCE OF 710.9 FEET TO THE POINT OF BEGINNING OF LINE "2" TO BE DESCRIBED THEN DEFLECTING RIGHT 100 DEGREES AT AN ANGLE A DISTANCE OF 151.55 FEET THEN DEFLECTED RIGHT ON THE CURVE AT A RADIUS OF 954.93 FEET AT AN ANGLE OF 07 DEG 22 MINUTES 34 SECONDS A DISTANCE OF 122.93 FEET THEN AT AN ANGLE TO SAID CURVE A DISTANCE OF 163.31 FEET & SAID LINE “2” THERE TERMINATING.