Loading...
HomeMy WebLinkAbout97-037 Admin Plat Resolution and Minutes L:\TEMPLA TE\FILEINFO.DOC ~ S ~'V(; vlt17 Dc,c. ~8JlfO RESOLUTION 97-34 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE ADMINISTRATIVE PLAT REQUEST OF GILBERT AND JOANN ANDERSON. MOTION BY: Schenck SECOND BY: Kedrowski WHEREAS: notice of the said administrative plat has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS: all persons interested in this issue were afforded the opportunity to present their views and objections related to the administrative plat for the record at the City Council hearing; and WHEREAS: the City Council has reviewed the administrative plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said plat to be consistent with the provisions of said ordinances; and WHEREAS the Prior Lake City Council considered an application for administrative plat approval of Lot 42 and parts of Lots 41 and 42, Lakeside Park as described in Exhibit A (attached), for Gilbert and Joann Anderson on May 5, 1997, and NOW, THEREFORE, BE IT HEREBY RESOL YED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for the combination of lots as described in attached Exhibit A (legal description) and shown in attached Exhibit B (survey) with the following condition: 1. A 10 foot drainage and utility easement be granted to the City on all lot lines except those on the lake side (west side) of the lot. Passed and adopted this 5th day of May, 1997 YES X X X Absent X NO Andren Greenfield Kedrowski Mader Schenck Andren Greenfield Kedrowski Mader Schen {Seal} 16200 E~~at\IUq)lcfiuis\r~GI~. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6j1}~-4245 AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT A ANDERSON PARCEL 1: (PID No. 25 096 0250) That part of Lots 41 and 42, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of said Lot 41, a distance of 241.96 feet to said most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with a line drawn North 49 degrees 56 minutes 32 seconds West from the most northerly corner of Lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 degrees 08 minutes 06 seconds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30132. ANDERSON PARCEL 2: (PID No. 25 096 0260) That part of Lots 42 and 43, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North' 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of Lot 41, of said plat, a distance of 241.96 feet to the most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence northeasterly along said shoreline to its intersection with a line drawn North 63 degrees 59 minutes 41 seconds West from the most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet to the northeasterly corner of said Lot 43; thence southerly along the east line of said Lot 43, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30133-. A\ANDERSON.GIL\4\EXHIBITB.TFM (1 v ~' ~: ..( N }I i\ I 1 I: I; 1\ f ~;I<'': - /ff:.!',:?' ,AND su.vnOU Ii.) ,\,. ',' \' ''.l EXHIBIT B I --1 __ I .-- --- T iy --:;: t ~ .-- --I ,.., ~I ~ ~ ~, ,-. .\ ,> ~~'f' I --;r' -- ---:. ~ ,'J:'~~ \ - ---. " ~ "~' -~ ,,,6," ,,\' " ~-;:'f ~/. \ 1/\/;:. ..:"",=...~; )/' ~, i ~.:- ~~.~ \~N''''''''''lk ~. I'G" _.~/ ~:;:..; CO," r,.... .~'3 / "'0 ~ ~ I ~ ~ I,",.~ ~!'/ ; " ~-1'.t :~r / \./~/ /............. ~.I"~_I ~ ~~. .~~ -.", ff\[\/I~_~ ~ , "-.' >/ . ---..,.. . <yt, ,,,. . . ~.., 11"'"1-_ 0". ~I /~~r.. -/_ "~6" ' , 1 -~'.!.4..' -~~__ I II I ..._ ~'".. '- ~ --- /~,.' ~ ~ '--...... '. I ~k '" 7'1.51 -..: , ~::d --..5\~! ~i ~! : ;~,f~~~~ , \I'f~~:' " .$>- "\.- I / , tl , \~. : a(r ~ ~ '..-; , . i ~ -~ '--...- -- :'llrVp'! fnr: ~:~-Ne t:'_'l1"~' ~~ ~u-l-43 , I~ 1I, ~ ~ ~ ~ i~ ~ : ~ <l .. ,': '!(' ~ ~\ C\ f:t(ltl ,. .... .", \'l'::t _~-NE c__.... It PfL~.~ 1.\.\ \~~ " \, ~ ~ 'j DAHLE BROS., INC, DESCRIPTION: That pa't of lots 41 and 42, "lAKESIDE PARK", Scott County, "Innpsota and that pa't of th@ a,pa In said plat lying bptwppn said lots and thp sho,pllnp nf P,to' lak@, dpscrlbpd as follnws: Rpglnnlng at thp nn'thpastP'ly CO'np, nf said lot 42; thpncp North 72 dpg'pps 34 mlnutps 12 spconds Wpst, assumpd bpa,ln9, alon~ a Ilnp d'awn f,om thp no'thpastp,ly cornp, of said ~ot 42, to thp mnst northp,ly CO'np, of said lot 41, a dlstancp of 241,96 fppt to sal~ most norhp'ly co'np' of said lot 41: thpncp No'th 55 dpg'~ps 12 mlnutps 51 spconds Wpst to thp sho,pllnp of P,lor lakp; tbpncp southwpstp,ly along said shor@lln@ to Its Intp,spctlon with a Ilnp ~rawn No'th 49 ~Pg'Pps 56 mlnutps 32 spconds Wpst. from thp most. northp'ly co,opr of lot 40, of sal~ plat; thpnc@ South 49 dpgrpps 56 minutes 32 seconds East tn said mnst no'thp'ly CO'npr of said lot 40; thpncp South 60 dpg'pps 08 mlnutps 06 spconds East a dlstancp of 255,98 fpPt to th@ most southprly cornpr of said lot 42; thpnce north- p,ly Iloog thp past Ilne.of sald.lot 42, to thp point of b@glnolng, Also that part of Lots 42 and 43, "LAKESIDE PARK", Scott County, Mlnnpsota and that part of thp a,pl In said plat ly1ng bptwppo said lots and thp shorpllnp of Prior lakp, dpscrlb@d as follows: Bpglnnlng at. the oorthpashrly co'npr of said lot- 42; UIPncp North 72 dpgrPeS 34 alnutps 12 spcoods Wpst, assu.pd bearing, along a line drawn fro. tbe norh@ast@rly cO'npr of said lot 42, to the most northprly co'opr of lot 41, of said plat, a dlstanc@ of 241.96, fppt to thp most no'thprly co'npr of said lot 41; thpncp North 55 d@grp@s 12 mlnutps 51 spcoods Wpst tn thp sho,pllne of P,lor lakp; th@ncp north@ast@rly along saId shorpllnp to Its Intp'spctlon with a Ilop drawn No'th 63 dpgrpps 59 mlnutps 41 spconds Wpst from the most northprly corne' of said lot 42; th@nc@ South 63 dpg,@ps 59 .Iout@s 41 spcoods East to thp most northp'ly corne, of said lot 42; thpnCR South 85 dpgrpps 49 mlout@s 03 spconds East a dlstanc@ of 240,44 fppt'to thp northpastprly co'np, of said lot 43; thpnc@ southe,ly along thp past Ilnp of said lot 43, to thp point of hpglnniog. I hp,pby cprtlfy that this abovp dpscrlbpd and of th@ any, f'om 0' 00 said land. Ls a trup aod cor'ect rpp,pspntatlon ~f a Su,vPy of thp bounda,lps of thp locatloo of all buildings, If any, thp,pon and all vlslblp @ncroachmpnts, Datpd this 16th day of Ap,", 1997, CARLSON & CARLSON, INC, ~ LAND SURVEYORS by ~//~~ Vla"y j(. Coutll'P, land Survpyo "'lnnll'sota lIc,,"sp No. 9018 k.,,~': ~//7~"? land If KRASS MONROE KRASS MONROE, P.A. . Timothy F. Moynihan . ATTORNEYS AT LAW. May 14, 1997 DELIVERED BY MESSENGER Jane A. Kansier, AICP Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Re: Administrative Land Subdivision City File No. 97-037 Our File No. 2874-4 Dear Ms. Kansier: In follow-up to your May 6 letter, enclosed for the City's approval please find the Andersons' grant of an easement to the City of Prior Lake. Please review this document and call me if you have any questions. As we discussed last Thursday, contemporaneous with submitting this grant of an easement, the Andersons will be submitting an application for a building permit. I understand the issuance of a building permit will be contingent upon fulfilling the requirements stated in your May 6 letter. However, in order to keep the process moving forward, we are submitting this grant of an easement for the City's approval, along with the building permit application on a dual track basis. Please call me after the City has had an opportunity to review this document. ~ ~ ~-" --~" .~- ry yours, KRASS MONRO , P.A. ~.~~~ Timothy F. Moynihan Attorney at Law TFM/jdr Enclosures cc: Bud and Joann Anderson Chuck Ryan - Dahle Bros. A \ANDERSON.GIL\4\COR\PRIORLK3. TFM SUITE 1100 SOUTHPOINT OFFICE CENTER. 1650 WEST 82ND STREET. BLOOMINGTON, MINNESOTA 55431-1447 TELEPHONE 612/885.5999 . FACSIMILE 612/885.5969 GRANT OF EASEMENT Ind~vidual(s) to Municipal Corporation No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by Deputy STATE DEED TAX DUE HEREUNDER: exempt Date: ;/11Uf .1 ' 1997 (reserved for recording data) ~ gg/4d /lfCb1c1td 5hrz. '17 FOR VALUABLE CONSIDERATION Gilbert L. Anderson and JoAnn Anderson, husband and wife, as joint tenants, Grantors, hereby convey to the City of Prior Lake, a municipal corporation, a perpetual 10 foot wide drainage and utility easement, legally described as follows: see attached "Exhibit A" H:1 f~~~_ G~sl~' Ana~n (hwv L v~ Jo n Anderson STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me -Ik: day of ;tI~, 1997, by Gilbert L. Anderson and JoAnn Anderson usband an w~fe as joint enants, Grantor(s) . NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) 1.~JlMf} T/MOTfW F. MOVNI/ 'AN ~ NnTI\RY f'~f. our:. MI.~INr~:il';' f HENNEPIN. .'('tlN 1)" ( . My Comm. UpirEls JM :>1 ?I'I"/~: '-,11,')~~''''''~1\._ . ..... ,.. ... ~l/.,.'.Io,l,l',. ;1 Signatu~Tak~~gment THIS INSTRUMENT W(\S DRAFTED BY: Timothy F. Moynihan KRASS MONROE, P.A. 1650 W. 82nd Street, Suite 1100 Bloomington, MN 55431 (612) 885-5999 DESCRIPTION FOR DRAINAGE AND UTILITY EASEMENTS The Southwesterly and Easterly 10 feet of; That part of Lots 41 and 42, "LAKESIDE PARK", Scott County, Minnesota and that p8t"t of the area in said plat 'lying between said lots and the shot"eline of priot" Lake, described as follows: Beginning at the northeasterly corner of said Lot 42i thence Not"th 72' degt"ees 34 minutes 12' seconds West, assumed bearing, along a line dt"awn fran the not"theaster.ly cornet" of said Lot .42, tel t,he most not"thet"ly cornet" of said Lot 41, a distance of 241.96 feet to said most not"thet"ly cornet" of said Lot 41; thence Not"th 55 degrees 12 minutes 51 secorids West to the shoreline of Priot" Lake; thence southwestee1y along said shor:;eline ,to its inteesection with a line dt"awn Not"th 49 degt"ees 56 minutes 32 seconds'West from the most northeely cot"ner of Uot 40, Of said plat; thence South 49 degt"ees 56 minutes 32 seconds East to ~id most not"therly cornee of said Lot 40; thence. South 60 degrees 08 minutes 06 secQnds East a distance 'of 255.88 feet to tne most southet"ly cornee of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. The Northerly and Easterly 10 feet of; That part of Lots 42 and 43, "LAKESIDE PARK", Scott County, Minnesota and that part of the aeea in said plat lying between said lots and the shoeeline of Peiot" Lake, desceibed as follows: Beginning at the northeastet"ly corner of said Lot 42; thence North 72 degeees 34 minutes 12 seconds West,' assumed bearing, along a line drawn ft"om the northeastet"ly cornet" of said Lot 42, 1:'0 the !OC>st nOt"thet"ly cornet" of Lot 41, of -3ai~l"p1at, a distanca..:of 241.96": feet; tl~1 the._most northedy corr~er of said Let 41; thence North 5~ . degrees 12 'mi,r:iutes~*,seConds West to the shoreline of Prioe Lake; thence northeasterly .along said:snoreline to . i ts intersection wi th a line drawn North 63 degrees 59.minutes 41 seconds West feem the most not"therly cot"nee of said Lot 42; thenc.e South.,63 degrees 59 mimites 41 seconds East to the most northerly corner of said Lot' 42; thence. South 85 degeees 49 minutes 03 seconds East a distance of 240.44 feetctothe ?9rtheaste~ly 'corner of said Lot 43; thence southerly along the east line of said ~t 43, 'to the point of beginning. " '"'" EXHIBIT "A" -1 N }\ i\ \\ I \ i' I, \ \ r 4;;/~: /"-:.!'{}' lV ~' r{~ " A, ARLSON INC. ARLSON. .I - lAND SUIV('fOU it.} ,\ . .v ',,' \' '. ) 'J \ -~ _- I i .---- .-..--- ------' --- 1', ~l ~ '" ~ ;'\ ,,' A' '\~ '<'" ~,'" I ------r-' - ----;. ~--- ~. ^' _ {I,. I, \ '--_, t''/..',,~'\ \ --/~~ .," \'; , ~ f"" \ I/"j!- t ::<:;~ ' ... rJ ~I (~; -:<;t..'~' 'p1J \' , : ~/'iy.- ,.... A/',,,,-! /Y/y. .'l't' I'e.~f _."::> c..".W~~ C.-- 'V t"l,l -0,,> /~;~ ~z: t I ~, -{: I ~, ~ /1\'9 1..,/ ' ~ lit,'", ~7 /. " ...~~) I~~ ;' ......", ~.I',<"_I) , ~~<I"''1-~ 'V~ t\' J ~J ~'>. G\ / I ,';{,.~' .:.._ (it, .'4 . .....".!Jj ",~.,~I l~' /1:4.l'..-/Z4.... I ,C';> / . '~', . '--" N 1 :? - -- ~ru" :... ~ -- I~.> ; . . ~~ ~ - - - ~'1 t t.~ ~ 1 ~,'" 1 'v' ~ '" 1. -,.---- " --.: I Ftli ~I , .-") '. 'c:'?".y''y: '1 too:'-'- ~ -'" "" ~ ~::-~J :~''.3"'E .. ~4~4-~ -... " \I'f>~~./ '" :. !:;-IV& Cpri"'~' '~" Df~f43 \ i, 7".5"1 .~ ........ ....~ ~~ ~ ">. ~ ~ ~ ~ 't ~ " i! !I " " I :i :'~ ~ I" ' :. ~ H ,~'l:' ~ ~'\ Ci'\ tt: ~~ " .... ,:..., \,\ ~ ;;'~~NE C"'''A-~ . cfLof~r. DII,/~:! '#~ ~, ~"~' --- - .-;.:~' "-. &" .,V -:-. \.l.\ l~~ " \, ~ ~ ......~ ". f,-; .", .~;~Z~~ ._~ '., ,. ~;;- " ~. '~ -.... " 4,ll1 '" "':"', $...,..; s 1y, "D',\. - . t:-,,,,, .;J .,Jt7 t.,; 4% " 'y -- ., '..------ .--- SlIrvp', fnr: DAHLE RROS., I NC. DESCR I PTI ON: That part of Lots 41 and 42, "LAKESIDE PARK", Scott County, Minnesota and that part of the area in said plat lying between said lots and the shoreline of Prior LaKe, described as follows: Reginning at the northeasterly corner of said Lot 42; thence North 72 degreeS 34 minutes 12 seconds West, assumed bearln", along a line drawn from the northeasterly corner of said lot 42, to the most northerly corner of said lot 41, a distance of 241.96 feet to said most norherly corner of said Lot 41; thence North ~5 degrees 12 minutes 51 seconds West to the shoreline of Prior LaKe; thence southwesterly along said shoreline to Its Intersection with a line drawn North 49 degreeS 5fi minutes 32 seconds West. from the most' northerly corner of Lot 40, of said plat; thence South 49 degreeS 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 degrees 08 minutes 06 seconds East a distance of 255.68 feet to the most southerly corner of said lot 42; thence north- erly along the east lln~,of said lot 42, to the polot of begloning. Also that part of Lots 42 and 43, "lAKESIDE PARK", Scott County, Minnesota and that part of the area In said plat ly1ng between said lots and the shoreline of Prior lake, described as follows: Reglnnlng at the northeasterly corner of said lot' 42; t.hence North 72 degreeS 34 minutes 12 seconds West"assumed bearing, along a line drawn from the norheasterly corner of said lot 42, to the most oortherly corner of Lot 41, of said plat, a distance of 241.96, feet to the most northerly corner of said Lot 41: thence North 55 degrees 12 minutes 51 seconds West tn the Shoreline of Prior lake; thence northeasterly along said shoreline to its Intersection with a line drawn North 63 degreeS 59 minutes 41 secondS West from the most northerly corner of said Lot 42; thence South 63 degrees 59 mloutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 degreeS 49 minutes 03 seconds East a distance of 240.44 fept'to the northeasterly corner of said Lot 43; thence southerly along the east line nf said Lot 43, to the point of heginning. I hereby certify that this above described and of the any, from or on said land. is a true and correct representation of a survey of the boundaries of the location of all buildings, if any, thereon and all visible encroachments, Dated this 16th day of April, 1997. CARLSON & LANO land if ,.&"'/:Jt!!cl: -I//7/~7 " Proposed Grades: .' , Top of BlockS ~~ Garage floor ~~~ Rasement floor ~/7~ ~. " b) Request for Land Division and Variance for Gilbert and Joann Anderson on Property Located at 16126 and 16122 Lakeside Avenue. . Mayor Andren called the public hearing to order for item 6B at 7:55 p.m. . City Manager Boyles introduced the item. He said the variance involves a width variance of 3.48 feet from the 75 foot variance required from the required 75 foot ordinary high water mark. This is a result of three lots to become two lots. They meet the requirements except for the 3.48 feet lot width. . Mayor Andren asked for clarification on how many lots combined. . Planning Coordinator Kansier said approximately 2 1/2 becoming one. She said it was originally platted in 1921, with very narrow lots. She said in the past, lots were reconfigured so everyone ended up with 1 1/2 lots. In this case, they have two separate lots they wish to combine into one larger lot. They would take down the existing home on one of the lots. The only variance they are requesting is the combined lot width at the 904 mark. They are 3 1/2 feet short. They could have two dwelling sites. . Tim Moynahan said he was an attorney for the Andersons. The confusion was the lots combined into two. It is actually two separate buildable lots. . Councilmember Greenfield asked if there would be proper documentation for future purposes. If an action that is consistent with policy, but still creates a situation where we are giving variance to our ordinances must be explained, there should be a record. Intent of Council must be clear for future purposes. . City Attorney Pace said the staff report does go through the variance criteria, and in this case, addresses each criterion, recommending that it does meet the criteria. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 97-34 APPROVING ADMINISTRATIVE LAND DIVISION WITH VARIANCE REQUEST FOR GILBERT AND JOANN ANDERSON ON PROPERTY LOCATED AT 16126 AND 16122 LAKESIDE AVENUE. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Schenck, the motion carried. MOTION BY SCHENCK SECOND BY KEDROWSKI APPROVING RESOLUTION 97 -33 A RESOLUTION GRANTING 3.84 VARIANCE TO PERMIT 71.52 LOT WIDTH AT THE ORDINARY HIGH WATER LEVEL. R: iCOUNCIL \MIN UTES\MIN5597. DOC 4 ---~----- --- +"-'-'--'--+~-".'-.._." Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. MOTION BY SCHENCK SECOND BY GREENFIELD TO ADJOURN THE PUBLIC HEARING. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. 6a)Annual Board of Review Public Hearing. . Mayor Andren called the hearing to order at 8:05 PM. She clarified this was only to appeal the valuation or ask questions about valuation of the property, that this was not a truth in taxation hearing. . City Manager Boyles said the City Council was required by statute to sit as the Board of Review each year. Residents will have the opportunity to ask questions or make statements about property valuations. He said the concerns with property values would be researched. He said a second meeting would be scheduled for 8:00 p.m. May 19. He said residents can appeal to the County board of equalization. This is not a hearing having to do with taxation, it has to do with the valuation of the property. He introduced Leroy Arnoldi, County Assessor. . Mr. Arnoldi said this was the first step in the appeal process. The County Board of Equalization would not hear the concerns of residents unless they began the appeal process by attending the local Board of Review and provide an oral or written appeal to their valuation. That is the reason for the sign- In. . Leroy Arnoldi introduced Mel Ismer, a property appraiser with the County Assessor's. . Dean Coddington of 3301 Sycamore Trail said he purchased a home in Willows for $135,000 that went up %10, %10, and 5% each of the last three years. He said his home was on the lake. He said he was treated unfairly by comparison. He said his home should be lower in value. . Mr. Arnoldi asked what his estimated market value on the notice was. . Mr. Coddington said the estimated market value was $169,900, with a taxable market value $164,000. . Mr. Arnoldi asked what Mr. Coddington paid for the property. R: \CO UNCIL\MIN UTES\MIN 5597. DOC 5 KRASS MONROE KRASS MONROE, P.A. . Timothy F. Moynihan . ATTORNEYS AT LAW. May 16, 1997 Jane A. Kansier, AICP Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue S.B. Prior Lake, MN 55372-1714 Re: Administrative Land Subdivision City File No. 97-037 Our File No. 2874-4 Dear Ms. Kansier: Enclosed please find copies of the Grant of Easement and the City of Prior Lake's Resolutions, all of which have been stamped as recorded by the Scott County Recorder. I also enclose a copy of the Andersons' request for combined tax statements which has been submitted and is on file with the Scott County Auditor. With these documents, I believe the Andersons have completed all the other requirements requested by the City for the lot combination. As such, there should be no impediment on issuing the building permit. Please call if you have any questions or if I have omitted any documents. Thank you very much for your assistance in this matter. /~ /. ry truly yours, /.~ KEMON E, ~fltJ~ ' imothy F. Mo~an Attorney at Law TFM/j dr Enclosures cc: Bud and Joann Anderson A \ANDERSON. GIL \4\COR\PRIORLK4. TFM SUITE 1100 SOUTHPOINT OFFICE CENTER. 1650 WEST 82ND STREET. BLOOMINGTON, MINNESOTA 55431-1447 TELEPHONE 612/885.5999 . FACSIMILE 612/885.5969 DATE: TO: Thomas L. Hennen Scott County Auditor SUBJECT: Combine Tax Statements I hereby request that the following parcels owned by me be combined to reflect the fol lowing descriptions. I herewith del inquent taxes on these parcels. certify the current tax is paid in full and that there are no '?:~1'P/ ~ ~ ~~L!.~' (P~op.~ty Ow ~) ~ ~ j ~ ~"J /;:'/22- ~d&.~r.d ~-e- ~ ~ 6r/6u/--,? !;f'M ~ ~/ :;: drPJ 14u~~~ S-)5rZ- PARCEL # ;? is -09 (r () PJ 5-0( a'5-oq~~ OJ/Or[) ) ~ fte /Umm~1nff A,AJ/I/ fl d'J- 0 9ft: r-Q::? (p nO X SIGNATURE 5( ADDRESS DESCRIPTION cJ/o M 1/1; od ~ !-tJf J/~ 9L (Jib U / 43- '4\ File No. 97-037 Administrative Subdivision STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and City Manager of the City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. Resolution 97-34 on file in the office ofthe City Planner, City of Prior Lake. ~4~ Frank Boyles City Manager Dated this /lJ':y of ;fJ av; ,1997. .t. .-.:.:::...... .......~~~.... ' _~- .,... pP i_": - '\ . I." .,. . ~ 0 ..... '-/} '. ,{Cig.'S~al).':'._~ ( .... .('....... ,.....~;:-......'i ...-:-'. -;~: C/~,'l ....J~/....i)o../_~..:.-. / U . -: ,-..':" .,': / '"' ~ .,'.=: ~ ~V;; ~-; ",: ~ : ':/ } : , r,o? ,;., J.\ I . -. .' .:~...VJ',\_-l ..,.......- ,,~I. ~c .... . . ~..... ,..# ....,....' .".. . '. /. " .....C-..:;, ,~' .j. ;""_'........,',':""......._r . '. (r ' ~, \ \\ \'\ _ " " . . I... .' . '\, ....~"\........ ........ :CCc. 5o.--8B1.4O.rlle X'155S' Vo: 'to Paq-~ fAt Cart 36/ 3.;2. 'i- C?7::=Z OJ' TlIJl ~..A1 OJ' T:'r...3S :2^133 sc:...--:":' COllH'n'. JCalaSC'U. ~ ifA'n ~'~97 ~ .. (iJ~.~~ . :~ ~;;;~;;;;r.:uty 3~ 16200 ~re'fe>&K Ave. S.E., Prior Lake, Minnesota 5~2-1714 / Ph. (612) 447-4230 / Fax (612) 447.4245 AN EQUAL OPPOR1lJNlTY EMPLOYER RESOLUTION 97-34 RESOLUTION OF THE PRIOR LAKE OTY COUNCIL APPROVING THE ADl\fiNISTRA TIVE PLAT REQUEST OF GILBERT AND JOANN ANDERSON. MOTION BY: Schenck SECOND BY: Kedrowski WHEREAS: notice of the said administrative plat has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS: all persons interested in this issue were afforded the opportunity to present their views and objections related to the administrative plat for the record at the City Council hearing; and WHEREAS: the City Council has reviewed the administrative p)~t according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said plat to be consistent with the provisions of said ordinances; and WHEREAS the Prior Lake City Council considered an application for administrative plat approval of Lot 42 and parts of Lots 41 and 42, Lakeside Park as described in Exhibit A (attached), for Gilbert and loann Anderson on May 5, 1997, and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for the combination of lots as described in attached Exhibit A (legal description) and shown in attached Exhibit B (survey) with the following condition: 1. A 10 foot drainage and utility easement be granted to the City on all lot lines except those on the lake side (west side) of the lot. Passed and adopted this 5th day of May, 1997 YES NO Andren X Andren Greenfield X Greenfield Kedrowski X Kedrowski Mader Absent Mader / Schenck' X Schen<;:.k, I ( l - {Seal} 16200 E~!!tEls~I~irEriG(d:.i:Ibe. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6jP~7-4245 AN EQUAL OPPORTUNIlY EMPLOYER '. .' EXRIBIT-;r ANDERSON PARCEL 1: (PID No. 25 096 0250) That part. of Lots 41 and 42, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of said Lot 41, a distance of 241.96 feet to said most northerly corner of said Lot 41j thence Nort:h 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with a line drawn North 49 degrees 56 minutes 32 seconds West from the most northerly corner of Lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 d~~rees 08 minutes 06 seconds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30132. ANDERSON PARCEL 2: (PID No. 25 096 0260) That part of Lots 42 and 43, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of Lot 41, of said plat, a distance of 241.96 feet to the most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence northeasterly along said shoreline to its intersection with a line drawn North 63 degrees 59 minutes 41 seconds West from the most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet to the northeasterly corner of said Lot 43; thence southerly along the east line of said Lot 43, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30133. A\ANDERSON.GIL\4\EXHIBITB.TFM' . . t .~ ,/ ~ J-l ; I: i. i. I " I ~ r $;.1'... /""':f'~~' ,&...w."'...~, 1<: .~\. \. '. I i ~ ~ ~f e)dit$I/ (5 , I .~ - , ..- ~ , --- ---: ..- -" --- - '- ... /, It; ~.~ \ , ~t ..... ~ ~ "'0' $:_ ",'j,..' .. . ... ~"'" "' ~.. -~,.,- . ,. . ...., ...,' G:]; :- ;~.4~:~:: ":~~ ... I"" .. I ~ ~t[f;;;J>' ~-::--=- ".. ~.:. ~ k' : --- ~, ~ ...... " # . u: .'::: ~ ~~ :t~"'e ~.....,I' -;..' --!~.J Trr.:r, III ~ "< ~ '" ". , , , . , ...', : .'l~ t ~ 'J .t .. ~~ ... . :: ..... :; .' ~ -~-. ~-_... . -'J._..c , .~ - ~.:..,--:--: , , ...~.~. ". '--t- , " ~.. :~.~ o . \,' .- 1(. III I_~ .... \, i1~ ~ ~ " 1 ',_-l . . ~~:." ',,' ... ' . , ...........-. ~'- '.;",z 'J.-'_,:,,:.~-"'; or, ............ .:"l~. . .~ ~ ~. " .' ':.~ \. \ '" \ . . .,~ '\: . . ~~""":' \ .' ..' , ',.;. ," > .....:::;.... ... )...~_s'l- l~>-' :::;-:~-J // / ./ --/ '-". O:""Y~" !nr: DAHl[ UOS.. I Ne. DESCRIPTION: Th.t D.U"t ", lots &1 "nd (7. -'-AII:(51:)[ PAU:-, Scott Co.'nty. nlnn"SDU .nd th.t Dirt nf U_ .,.... In u'llI DI.t .,In, bitt"..." utd lots ...ut th- Shor.lln_ It' Prtor' lUll!. d",crib." AS (nllnw,: l..glnnln4.t th.. n"l"'tlU'UVl"'ly c:"rn~r nf uid '.Ot &2: th~"c~ "ort.. 12 O~4Jr~.s 3. .Ift..t~' 12 S"cnntls v.st. IS'S"_~<I b~.rlnG. .Inne . 11"" dr."n fro_ tI'. north.llst.r" corn"r "t uitt '-nt &2. tn t.... !NSt nort""I"'I, enrft.1"' of Sllft Lnt "'. . dlSUnelll at 241.96 '..t to ultf _nst narh."ly enr,."r o( said Lot .'; th_nc:.. Nnrt" 55 d-9r.., 12 .In.t~1 51 S-eoftdS V_5t tD U". '''o,..ltn.. 0' '''lor lU.: th-nc.. So'It"..St"rl, .In", Uld '''o....ltn. to Its I"t."',.etlo" .tt" " 11ft. """"ft Itortn ., ".g....., S~ a'nut., 32 s.cellltds V.st" trOD th~ _Ost. n",.t!'l"...I, corn..... nt lnt An. "f uld Ol.t; th~nc. Soutb '9 d~9"'-fI!' 56 Dlnut_s 32 ,_cond, E.st tn ,.t" "'St nOl"'tb.,.I, corn. I"' of ullf Lltt 40; U...ne.. Snutl'l 60 d~qr~., 08 _Inut., 06 S~CO"dS !..st .. cttst."cP of 25S.J\8 ,....t to tb" _"'It 'Ioutb~rly enl"'n.1"' of Sltd lat '2: t..."c" "ortb- ,....1, 1I0,u. th.. _"t 11II".of Uld lot 'l. to u... D"he. of h'.""'''9. Also U..t ,.rt of I..ats .t .net 'l, -'.AI(SIOI "ur-. Scott Count" "Inn_sou .ltd th.t D.rt of t"P ,1"'., In said oht 1,1ft, b_h...n Itld. Iou .nd t". SIt",,"IIft.. o( Prlo... l.... d"scrU.lfl>d ''1 101 lows: ....'In"tn' It thfll n"..t".UUrl, co,.n"r 0' Slid lot <<Z: tt1_ncp No...t" 72 .,..,r..s 3. aln.tfts tz SPco,,", V"'st., ."s....ef blt."I"g. .Iftnt . 11ft'" (I...." 'ro. th. no,."..'t...I, corn..,. of Slid lot <<Z. to tit.. .ost nortlt..rl, carn.... of lot '1, ., Slid Pld,' dlsUnCfI of Z'I.'6. f_pt to t"" east ..tlrt""...I, co..n.1"' of uld lot It: th-ncp Itorth 55 d"qr..s tZ .'nat_, SI s.condS WIISt tn tit,. Ihor.lln. of 'rlnr ~..,,: Ut_"ClJo norUfluterl, .Ion, Slid ShO,.,.ttnlll to Its Int."sltctlon .Itlt . Itn. dr.... "0"U1 63 d.9......' S9 .lnlft"s " ,.condS V.st f,.o_ Ut. _on north.,.., co..n." of Slid Lnt <<2: tltfllnc. $nutlt 63 dfll9r......s 59 _In"tu... s_eond, E.st to th... _ost no...th....." corn",1"' of Slid lot '2: (II.."C" South U <I"'9r~fls .9 ..I""us 03 s"cands E..st . dlst'he. o( l40.'4 (...t to tn.. nort"~.'It.rly corn.." of utd lot .3; t".nc. sout",,"I, IIon9 U,. ..st Iln" nf ullf lot 43. to tit... oolnt of h.otnnln9. I ......hy C.,.tl'y thlt t".s Ibo.... d"''Icrlbtad 'nd of U.. ,n,. froa nr Oft ,.Id I,nd. Jl:v,~c': ~,//7/~"? Is I tru. Ind cor"let r~ol"'~s..nt.tlo" .of . sur....y of t,,~ bound'''''', o( U'. locltlon of .11 bulldlnqs. It .ny. t"~r.on .nd 'II .,Istbl. ltncrIUcha...nu. OUpd this 16th da, of ADrt1. 1997. CARLSON & CARLSON. INC. LAND SURVEYORS ~~-;;~~.~~ "Inn-snu L1c",s. No. 9018 lind If Prnoosfl>d r."'6P~: Too "f 'IDCIr~ ~ (..ra~~ f1M1" ~. R..,__nt flOttI" 'fJ,,~ File No. 97-038 Variance STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and City Manager of the City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. Resolution 97-33 on file in the office of the City Planner, City of Prior Lake. Dated this ) ~Of ,1997. . . '~#.;..:. .. . . . . , ).~..-.- r: t-( ,'(:_>;., - 0 \ ...... "'/' . ::;- -l.,..{'City Seal)<'(\.' , : '-. "" "" c C ,.... . -- '. /; -......",.. V \ ,I , j /~).. lO.),' , .' u' . V I /;:-. . - . . ~ . ~'~'-;J~:~': .,.. . -.. ". /.... : .; ok ~; .~._.... : 1-:-; : " U'", S' '-;' ; IT: ,', ; , ("') .w.l.:.t ' " " ..,.. , 'I "c: -. ,... A...--! .' l........' .' "/"'. .,'--:::: '-, i'(..-a...~.:\.'.(\.~ ....: \ . r: ,. i \ l\ . ~~~..:: ,- t,. \ ....~.~... ...., ..' Ooe. Bo. 8~u.~~ Vo!. q/') Pac; Cart 3Df3.;? 077.:C 01' 'l'D UC:=snAA 01' 'l:r:LD30133 ~ co~. ~O'r)' .,.......,'04 ..,04 - J!;;;.; (:1}?~~~ · <}ft.....'4-<:"Ji: of "U_ J/' ~::" ~ Y1V ~.put::r ~ 16200 ~cer~R Ave. S.E., Prior Lake, Minnesota 5~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 97-33 A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTING A 3.48 FOOT VARIANCE TO PERMIT A 71.52 FOOT LOT WIDTH AT THE ORDINARY IDGH WATER LEVEL (904 EL.) FOR TWO LOTS TO BE CREATED VIA ADMnUSTRA~PLATFOR GILBERT AND JOANN ANDERSON MOTION BY: Schenck SECOND BY: Kedrowski ~~ ,i WHEREAS: Gilbert and Joann Anderson have applied for a variance from Section 5-8-3 of the City Code and Zoning Ordinance in order to permit the combination of two lots for the creation of one lot in the R..l (Suburban Residential) District on the property described in the attached Exhibit A (legal description); and WHEREAS: The City Council has reviewed the application for variance as contained in Case #97-038 and held hearings thereon on May 5, 1997; and WHEREAS: The City Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan; and WHEREAS: Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed _" variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan; and WHEREAS The special conditions applying to the subject property are unique to such property, and do not generally apply to other land in the district in which such land is located. The unique circumstances applicable to this lot are that the properties to be combined were created in 1921, prior to the implementation of the Shoreland Ordinance, over which, the applicants had no control, no can they change the existing conditions, and 16200 EagieOOait\rks0Ura\pSmes'Rt1~JJ\;:e.liac Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 44J.7-4245 AN EQUAL OPPORTUNITY E:vfPLOYER WHEREAS: The gra~ti?g of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicants, but is necessary to alleviate demonstrable hardship, and WHEREAS: The contents of Planning Case 97-038 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance Code this variance will be deemed to be abandoned, and thus will be null and void one (1) year from the date of approval if the holder of the variance has failed to obtain any necessary, required or appropriate permits for the completion of contemplated improvements. NOW, THEREFORE, BE IT HEREBY RESOL YED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves,Jhe variance for the combination of two lots to create one lot with an OHW width of 71.52 feet, rather than the required 75 feet, as identified in attached Exhibit A (legal description) and on attached Exhibit B (survey). Passed and adopted this 5th day of May, 1997. YES NO Andren X Andren Greenfield X Greenfield Kedrowski X Kedrowski Mader Absent Mader Schenck X Schenck { Seal} r: \council\resoluti\planres\rs9733cc.doc 2 EXHIBIT * ANDERSON PARCEL 1: (PID No. 25 096 0250) That part of Lots 41 and 42, County, Minnesota and that part lying between said lots and the described as follows: nLAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of said Lot 41, a distance of 241.96 feet to said most northerly corner of said Lot 41; thence Nor~h 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with a line drawn North 49 degrees 56 minutes 32 seconds West from the most northerly corner of Lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 degrees 08 minutes 06 seconds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30132. ANDERSON PARCEL 2: (PID No. 25 096 0260) That part of Lots 42 and 43, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes l2 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of Lot 41, of said plat, a distance of 241.96 feet to the most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence northeasterly along said shoreline to its intersection with a line drawn North 63 degrees 59 minutes 41 seconds West from the most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet to the northeasterly corner of said Lot 43; thence southerly along the east line of said Lot 43, to the point of ..' beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30133.. A\ANDERSON.GIL\4\EXHIBITB.TFM . . . ~~ ,~ I' .... ~. ~t / ~ }-I f ! ~ I i 'I I: r ~;I".' /~'~f"d' l." ~...."... 1<; .~\. \- '. I i eXffiBII e , ..- I .~ - . ~ ..- -" ,., I' ~ ~~~ ,,' , ). ." ~ t ~. - -, --- "....!~ . \ .... -_ ,. t ,~ : .....;~..:....., \' \ 1,.,1... . "r.! " " r ,. '" :..' .{ , ---: .-- \ ..,:}. L '.' ~h ' ... . ... ~.,~. ~"'?":'- :1 ~ ~; ,:";~.tt..~':~'~ ~-.l ..- J:~:' _ :;-N4 #'....." ... -1"-"., 7..~, "'-.. ,~ , ~ ~ . , III ~ < ~ " "" , ". ~ " . ~ ~q ~ ~, '. T ~ "-: ~: .... - .. ~ ...$-' ~-_... . -l__c .:;;:l , .~. 1.\\ '~ \, il~ ~ ",' '\ " J " ~..:./ ~, : ~~ - "'.- '~'- ~ .~~~:..~-:....'" "'-.. .~..... . .'";"~ :> ~~~ ,<,..... " VV. '" \..~.!s... . . ~ .~n '. \. ....... \ " " ," ~ ,.~.": ~ > c.:......."r?- 1;,..t;;" :::;-:z-' . .-/ - ~--..~ O:..,.y~., !nr: DAHlE UDS.. 'NC. DESCRIPTIO": "..t DArt n' ,"ats '1 .....d il. -\.ArESI:>>( 'Alr-, Scott CO""ty. nlnn_sou .nd th.t Dirt nr Uu! ...... In nid DIIt 1,1"9 ""C_"_n utd lots .ntl tl'ltl '''o....lIn. nt 'rtar \.,11."_ d.,c...tb.tI '" '"llnw1: ."91"..1"4 It t". nn..t"..st...t,. car".,. "t uld '.ot '2: U'."Cl' North 12 d.~r.-s 3t al"Htl" 12 '.cnn49, v.st, .",.._d bl'.rtnG, .Inft~ I '1,.1' IIr...n fro. till' north...st",," corn",.. fit Slit! I..nt 1:2. tll till" ann fto,..tll...I,cn,..n.r of ul49 Lot 41, . dlsUnCIII 0' 2'1.'6 f..e to s.t.. ..ost na,,".,...y enl""'.'" of Slid ~ot 1:,; ell.ne" "arU 55 d.9r.., 12 .tnut., 5' ,_condS V.st tn tll. I"or.llft.. 0' '...10'" L.ltlll: th.nc.. 'OttU".SC""'lr '11'1'14 said '"0"'.11... to Its fnt"",.ctlon .It" " Itn. .........." NorU ., ...,....., S4 .I,ftwc., 32 s..enndS V_It:. frOG tt,. _ost. "tu"t!'lttrl)' cor,utr tit \ont AR, tit "let ol.t: tll...C. Soalft 4' ".,rtt.' 56 nhut.' 32 '.condS Eut ln SIlt" .""t nort"."I)' corn..r of sat... \ont 1.0; tll.."C'" Sn.lI'lI 60 d.'r.....' 01 al"uCp, 06 '''COndS hIt. tll'U"c.. Dr 25S.(l' ,....t CD ttUt anst souU.."I, cnr"." of s.Id \ont '2; Ut.nCIIl norll'l- ...1, alonq tlltt ..st: Ih...of uld \oot 4l, to U'lI... 'ftllll ot 1t..t...1"9. Al1n th.t ,.rt of tnu .2 .ntl U, -LAIESIDE "11-, Scott Co...t" "In....sot. ...d th.t DIrt of till' .r.. In 11149 .lIt .,Ing It..t"....... uht.lots Itut tl'l.. sll,.r..I..... of Prior ,-.lrlll. d..scrlb.d .s tallows: ....'hnln'.t Ct.... nftrthll.st."., corn.,.. 0' uld ,"at 12: t....ftCll North 72 dPgr..s H Dlft.tll' t2 'PCOftcts V.st, IlIu....d ....rlft', .loft9 . .... dr.... ,,,,,_ th. nor....st."., cor...." nf Stld Lnt 42, to th" .ost norU''''''., co"n_1" of ,",ot .', of Slid 'Iri,1 dlst.nc. of ZU.". f.,.,t to U. _Ost "ol"tlllll",I, cor".,. of Slid ,"ot &1: t"...ftC~ lortft S5 dllor... IZ .'flut..S 5t 'lIconets VpSl t" tll... '''''''pi In.. 0' 'rlar l.kllt; tll..nc.. ftortJIlt"t."'I, .Ion, Slid ,lIor.lln. to Its Int"'''s.ctlon ,,'ttI I II". d",w" "o"tll 63 ct."rll., 5' .In_t., It UlconCls V.,t fro. tlltt aOlt "o..tll...I, Corner of Slid ,",nt '2: tll..nc. $ftvtl'l 63 ...,rll"s 59 .Inuus 11 ''''conds (.st CD Ct.. .ost no..th,.,.I, corft.,. of Slid 1.0t '2: Ul...ncllt $OtlU IS "...,r.lIs 49 .tnvu' 03 ,.conds ElSt . dfst.nce 0' ttO.I. ,...t tD U... ftO,.tlll...41U_rl, corn.." 0' uld 1.0t 13; tll.ne. sout".rl, ,Ion9 tI.... "'lSt lln. nf Slid l.Dt -4], to t"... Itolnt of b.gtn"'1n9. I r.....tty c...tl'y thlt this .bow" d..scd b_d ..nd of tr.. .ny. '1"0. or on s..let I.nd. Is . tr".. ,..d c:or".ct r.D,....'''nUtloft .ot , sury., of t"lI bo,,".:IIrh, 0' t"lI "nd location of 4111 bulldintS, tf ,n)". t......O" 4Iftd all wtstblll "..c,.oacllla...nU. It Oat...d this Uti. d., of April, 1991. CAl150. & CAll SDN. 'NC. 1.....0 SURVEYORS byag.v~~~f? Vl...rr,.). CCwtm.-, '..tnd s.,..y.,.., 'Hnn.'Sl'ltl ,-lc(lOfts. No. go'8 i::",~c': ~//7/:1'? 'rnoosPd r.r,d_l: Too nt Rlncts .:tI:J:: r..r'-9" tlnnr ~. R.lI,-nt riOOr"' 9,.,= GRANT OF EASEMENT Individual(s) to. Municipal Corporation 19 Poc. NO.~1l.~ Vol Of) ~~---;';:;';f c.rt ~/ 3':<' '" OPP~'rS.3 ?~1Wl 0' TI'l'L3S~/~ 3 SC::l'l'': COONT'!. JC::lN1lSOTA c.~iti.d fil.~ ou ~ 5 1997 II/}. ll. ~ft.L~.("p~~ at. o. ~-ar ot T.1tl_ , fIJ by ~.;/L. r.././Py' Deputy i5t/-. No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. County Auditor by Deputy (reserved for recording data) 3i$ STATE DEED TAX DUE HEREUNDER: exempt Date: ;I1tU( r ' 1997 FOR VALUABLE CONSIDERATION Gilbert L. Anderson and JoAnn Anderson, husband and wife, as joint tenants, Grantors, hereby convey to the City of Prior Lake, a ~unicipal corporation, a perpetual 10 foot wide drainage and utility easement, legally described as follows: see attached "Exhibit A" f~gflk- G~r;t~. An2;2n . t/?t-?V . ~~ Jo n Anderson STATE OF MINNESOTA ss. COUNTY OF NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) . Ie TIMOTHY F. MOYNIHAN ; .~ NOTARY PURUG - MINNE!>OT^ ~ . .. HENNEPIN COUNn' ~. r.'''NVlAA~t~mm. ExpIres J!ln. 31, 'rn., ~ - .... .,....."VVVVVV'\....,.,_~^'V\.I'V ...",..'V"-.I'./V'lN,ii ~ Signat~~Tak~gment If: dt. day of ~ ' an wife as joint enants, The foregoing instrument was acknowledged before me 1997, by Gilbert L. Anderson and JoAnn Anderson usband Granter(s) . ~ 'I. THIS INSTRUMENT WAS DRAFTED BY: Timothy F. Moynihan KRASS MONROE, . P . A . 1650 W. 82nd Street, Suite 1100 Bloomington, MN 55431 (612) 885-5999 DESCRIPTION FOR DRAINAGE AND UTILITY EASEMENTS The Southwesterly and Easterly 10 feet of; That part of Lots 41 and 42, "LAKESIDE PARK", Scott County, Minnesota and that part of the area in said plat lying between said lots and the shoreline of Prior Lake, described as follows: Beginning at the northeast~rly corner of said Lot 42; thence North 72'degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the nor-theaster.ly comer of said Lot ,42, to the most norther-ly corner of said Lot 41, a distance of 241. % feet to said most norther-ly comer of said Lot 41; thence Nor-th 55 degcees 12 minutes 51 seconds West to the shoceline of Prior Lake; thence southwesterly along said shot;eline ,to its inter-section with a line drawn North 49 degrees 56 minutes 32 seconds'West from the most norther-ly corner of Lot 40, of saidp1at; thence South 49 degrees 56 minutes 32 seconds East to sgid most northedy corner of said Lot 40; thence, South 60 degrees 08 minutes 06 seconds East a distance of 255.88 feet to tne most southedy corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. The Northerly and Easterly 10 feet of; That part of Lots 42 and 43, "LAKESIDE PARK", Scott County, Minnesota and that pact of the area in said plat lying ~ltween said lots and the shoreline of Prior Lake I descr ibed as follows: ,I .~ Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West,' assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, !:o the most nor-therly corner- of Lot 41, of -saio'plat, a distance..of 241.96: feet thl the_most northerly corr~er of said Let 41; thence North 55 ,degrees' 12 minut.es' 5,l.,seconds West to the shoreline of Prior Lake; thence northeasterly along said : shoreline to its intersection with a line drawn Nor-th 63 degr-ees 59 minutes 41 seconds West fr-om the most nor-thed y corner of said Lot 42; thenc,e South ,,63 degl:"ees 59 mimites 41 seconds East to the most northerly corner of said Lot' 42; then'ce, South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet" to the n9rtheasterly'corner of said Lot 43; thence southerly along the east line of said Sot 43, 'to' the point of beginning. EXHIBIT "A" ,..~ Planning Case File No. gl-0~K Property Identification No. City of Prior Lake LAND USE APPLICATION 16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714/ Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: Brief description of proposed project (attach additional o Rezoning, from (present zonin!:) sheets/narrative if desired) to (proposed zonin!:) o Amendment to City Code, Compo Plan or City Ordinance See attached Exhi bit A o Subdivision of Land · 0 Administrative Subdivision o Conditional Use Permit fiI Variance o Other: Applicable Ordinance Section(~): 583 Applicant(s): Gil bert L. and Address: 16122 Lakeside Home Phone: 447-5258 Joann Anderson Avenue S.E., Prior Lake, MN Work Phone: 55372 447-5258 Property Owner(s) [If different from Applicants]: Address: Home Phone: Work Phone: Type of Ownership: Fee ~ Contract for Deed _ Purchase Agreement Legal Description of Property (Attach a copy ifthere is not enough space on this sheet): ~ee attached Exhibit B A~ s Signature, tto rney or App 1; cants F~~er'S~~ ;f:I:;p~ Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE Date f/~'/fr 1tl/17- PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date _ ___ __ ...___..__ ___ _____ _____ _ ___m______ ____ --- Planning Case File No. Property Identification No. Q7-0,j 7 ( City of Prior Lake LAND USE APPLICATION 16200 Eagle Creek A venue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: Brief description of proposed project (attach additional o Rezoning, from (present zonin~) sheets/narrative if desired) to (proposed zonin2) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land rn Administrative Subdivision o Conditional Use Pennit o Variance . See attached Exhibft A Applicable Ordinance Section(s): 613 Applicant(s): Address: Home Phone: Gil bert L. and 16122 Lakeside 447-5258 I Joann Anderson Avenue S.E., Prior Lake, MN 55372 Work Phone: 447-5258. ,.~ Property Owner(s) [If different from Applicants]: Address: Home Phone: Type of Ownership: Work Phone: F ee ~ Contract for Deed _ Purchase Agreement -----" information procided in this application and other material submitted is correct. In 4-21-97 Date 4-21-97 Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNrNG COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DA TE OF HEARING DATE OF HEARING CONDITIONS: -- Signature of Planning Director or Designee Date EXHIBIT A Applicants are fee owners of two contiguous lots on Prior Lake. Applicants reside on one of the lots, commonly known as 16122 Lakeside Avenue, S.E. The adjoining contiguous lot is vacant and has no improvements. Applicants propose to raze their existing home on 16122 Lakeside Avenue and to construct and situate a new single family home (approximately 3,600 square feet) such that it would be located on both lots. (See Applicants' illustration as depicted on the Certificate of Survey.) The front lot width for the proposed combined lots is approximately 209 feet. The lot width at the ordinary high water mark for the proposed combined lots is 71.52 feet (39.55 feet and 31.97 feet for the 16122 Lakeside Avenue lot and the vacant lot, respectively) . A\ANDERSON.GIL\4\EXHIBITA.TFM .~ .-- EXHIBIT B ANDERSON PARCEL 1: (PID No. 25 096 0250) That part of Lots 41 and 42, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of said Lot 41, a distance of 241.96 feet to said most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with a line drawn North 49 degrees 56 minutes 32 seconds West from the most northerly corner of Lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 d€grees 08 minutes 06 seconds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30132. ANDERSON PARCEL 2: (PID No. 25 096 0260) That part of Lots 42 and 43, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of Lot 41, of said plat, a distance of 241.96 feet to the most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence northeasterly along said shoreline to its intersection with a line drawn North 63 degrees 59 minutes 41 seconds West from the most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet to the northeasterly corner of said Lot 43; thence southerly along the east line of said Lot 43, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30133. A\ANDERSON.GIL\4\EXHIBITB.TFM .' KRASS MONROE KRASS MONROE, P.A. . Timothy F. Moynihan . ATTORNEYS AT LAW. April 21, 1997 City of Prior Lake Planning Department 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Re: Gilbert L. and Joann Anderson Administrative Land Division Our File No. 2874-4 Dear Planning Department: Enclosed for filing and consideration please find Gilbert L. and Joann Anderson's Land Use Application (Administrative Land Division) and a check in the amount of $175.00 for the Administrative Plat fee. I also refer to and incorporate herein by reference the documentation and information submitted on behalf of the Andersons' for their Variance Application, of even date. I will briefly address each of the items referenced in Ordinance Section 6-1-3: (A) Technically, this application does not seek a "division" of the land but merely seeks to combine two contiguous parcels owned in fee by the Andersons. (B) Each of the parcels were a lot of record in the Scott County Recorder's Office prior to March 18, 1974. (C) The newly combined lots, with one exception, will meet all of the minimum standards required of the applicable zoning district and will generally conform to the shape of the existing subdivisions in the surrounding areas. The lone exception to the zoning requirement is that the proposed combined lot will consist of 71.52 linear feet at the ordinary high water mark on Prior Lake. However, please note this should not be a problem as each lot, by themselves, are considered "buildable" because they have been gfandfathered in and not, individually, subject to this requirement. (D) The lot combination will not cause any structure in the land to be in violation of a zoning ordinance. SUITE 1100 SOUTHPOINT OFFICE CENTER. 1650 WEST 82ND STREET. BLOOMINGTON, MINNESOTA 55431-1447 TELEPHONE 612/885.5999 . FACSIMILE 612/885.5969 City of Prior Lake Planning Commission April 21, 1997 Page -2- (E) The Andersons will permit any easement the City requires to be granted as a condition for the lot combination. (F) The owners of the land contiguous to the combined parcels are: Dolores T. Colucci, 16110 Lakeside Avenue S.E., Prior Lake, MN 55372 and Gregory S. and Lois K. Benson, 16140 Lakeside Avenue S.E., Prior Lake, MN 55372. (H) In conjunction with this lot combination, the Andersons also seek a variance to the ordinary high water mark requirement. The Andersons have submitted a Variance Application to obtain the variance. Please note that this application for a lot combination is submitted in conjunction and simultaneous with the Andersons' Variance Application. It is not the Andersons' intent or desire to have the subdivision request granted if the variance request should be denied. As such, if the City of Prior Lake is inclined to grant a subdivision request, but not the variance request, the Andersons withdraw their Application for the subdivision. Please accept and file this application for consideration. Please call if you have any questions. SS MONROE, TimOth= ~~ Attorney at Law TFM/jdr Enclosures cc: Bud and Joann Anderson A IANDERSON.GIL\4\COR\PRIORLK2. TFM KRASS MONROE KRASS MONROE, P.A. . Timothy F. Moynihan . ATTORNEYS AT LAW. April 21, 1997 City of Prior Lake Planning Commission 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Re: Gilbert L. and Joann Anderson Variance Application Our File No. 2874-4 Dear Planning Commission: Enclosed for filing and consideration please find Gilbert L. and Joann Anderson's Land Use Application (Variance) along with the following other documents: 1. Filing fee of $150.00; 2. Certificate of Survey (including an illustration of existing and proposed conditions of the property); 3. A copy of the half section map indicating property owners within 100 feet of the exterior boundaries of the subject property; 4. Mailing labels of the names and addresses of the property owners within 100 feet of the exterior boundaries of the subject property; and 5. A copy of the Certificates of Title indicating the Deed restrictions (there are no covenants on the property other than stated in the Certificates of Title). Applicants believe the request meets the criteria governing variances from the zoning ordinance. First, literal enforcement of the City's Zoning Ordinance will result in an undue hardship with respect to the property. As noted in the application, the Andersons are owners of two contiguous lots of land on Prior Lake. Their home currently sits on one of the two lots, the SUITE 1100 SOUTHPOINT OFFICE CENTER. 1650 WEST 82ND STREET. BLOOMINGTON, MINNESOTA 55431-1447 TELEPHONE 612/885.5999 . FACSIMILE 612/885.5969 City of Prior Lake Planning Commission April 21, 1997 Page -2- lot commonly known as 16122 Lakeside Avenue S.E. Each of the two lots in consideration are, by themselves, buildable lots as they are grandfathered in as nonconforming use. The proposed plans call for razing the existing home and building a new home such that it sits over the property line of both of the Anderson lots. The proposed home could be built on either of the two lots without the necessity of a variance request since each of the lots are, by themselves, buildable lots. As such, since the proposed home could be built on either lot alone, but not on a combined lot, literal enforcement of the ordinance would result in undue hardship. Second, for the reasons stated above, the hardship results because of circumstances unique to the property. With the two lots combined, the Andersons will have 71.52 feet of lake shore frontage at the 904 ordinary high water mark, less than 3-112 feet of the minimum lakeshore frontage requirement under the ordinance. The lake shore frontage at the ordinary high water mark is fixed and the Andersons have no way of increasing their lakeshore frontage to meet the 75 foot requirement. Third, for the reasons stated above, the hardship is caused by provisions of the ordinance and is not the result of the Andersons. Finally, the variance request observes the spirit and intent of the ordinance, substantial justice, and is not contrary to the public interest. The purpose of the riparian lot size requirements is to prevent overbuilding on the lake. The proposed variance not only furthers this objective, but ensures and prevents against additional construction and possible overbuilding on Prior Lake. The Andersons propose to take two buildable lots and combine them as one. This clearly meets the intent of the shoreland zoning district objectives. With one exception, the resulting lot size and dimensions will be over two-fold from the City's minimum lot size and dimension requirements currently existing for the shoreland district. The one exception is that rather than having 75 feet of shoreline at the 904 ordinary high water mark, the Andersons will have 71.52 feet. Combining the two buildable lots and turning them into one buildable lot further enhances the spirit and purpose of overbuilding on Prior Lake. Please accept and file this Application and supporting documentation such that it will be scheduled for the City Council's May 5, 1997 coundl meeting. Also, this is to advise you that in conjunction with this Application for a Variance, the Andersons are also applying for a subdivision application to combine their two lots to build the home as indicated in the Certificate of Survey. It is the Andersons intention that both of these City of Prior Lake Planning Commission April 21, 1997 Page -3- applications be treated as a "combined" application such that neither the varIance nor the administrative lot subdivision application can be granted, without the other. Please call if you have any questions. Thank you very much for your assistance in this matter. , P .A. ~ Timothy F. Moynihan Attorney at Law TFM/jdr Enclosures cc: Bud and Joann Anderson A \ANDERSON.GIL\4\CORIPRIORLKE.1FM NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION April 21 , 1997 The Prior Lake Planning Department has received an application from Gilbert and Joann Anderson (16122 Lakeside Avenue, Prior Lake, MN 55372) to consider an Administrative Land Division for the property identified on Exhibit B. The proposal is to combine the two parcels to create one lot, as shown on the attached survey reduction. The combined lot width at the Ordinary High Water (OHW) level is 71.52 feet. The Shore land Ordinance requires lots to have lake frontage of 75 feet minimum. A 3.48 foot variance to the OHW lot width is a part of this request. Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the City Manager or representative to authorize subdivision approval without a public hearing under the following circumstances: 1. The division of the parcel will not result in more than three parcels. 2. The property to be subdivided is a lot of record in the office of the County Recorder of Scott County. 3. The resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. 4. The division will not cause any structure to be in violation of setbacks. 5. Any easements which may be required by the City must be granted. 6. The owners of the land contiguous to the parcel must be notified in writing, and no written obiection received within ten davs following notification. 7. Any written objection shall constitute an appeal. Such an objection shall be forwarded to the City Council who shall hear the objection and decide the matter. 8. Variances filed with an administrative land division may be considered by the City Council, without prior review by the Planning Commission, provided a hearing is conducted by the City Council. 16200 E%g~~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245 AN EQUAL OPPORTUNITY EMPLOYER A copy of the Administrative Land Division and location map are attached. Please accept this as official notification of the proposed Administrative Land Division and Variance request. Written comments or objections regarding this matter should be submitted to the Planning Department by May 1, 1997. The City Council will hear this item on May 5, 1997. Due to the variance request, they may refer the request to the Planning Commission for input, or they may hold a public hearing and make a decision on the request. For more information, contact Jenni Tovar at 447-4230. Prepared this 21 st day of April, 1997, by: Jenni Tovar Planner 97-XXXpn.doc 2 Staff Reports L:\TEMPLA TE\FILEINFO.DOC STAFF AGENDA REPORT DATE: 6B JENNITOVAR,PLANNER CONSIDER ADMINISTRATIVE LAND DIVISION WITH VARIANCE REQUEST FOR GILBERT AND JOANN ANDERSON ON PROPERTY LOCATED AT 16122 AND 16126 LAKESIDE AVENUE MAY 5,1997 AGENDA # PREPARED BY: SUBJECT: INTRODUCTION: The Anderson's submitted an application for an administrative land subdivision which includes a variance, to Ordinary High Water width. Administrative land divisions are approved administratively if there are no variances or if there is no written appeal received within 10 days of notification. Since this request includes a variance, the Council must review the application. Following a public hearing, the Council may decide to hear the request now, and act upon it. As an alternative, the Council may refer the item to the Planning Commission for input following the public hearing (see Exhibit A). The public hearing notice (attached) has already been mailed indicating that the Council will conduct a public hearing on May 5th. ANALYSIS: The applicant is proposing to combine two substandard existing lots of record (16126 and 16122 Lakeside Avenue) to create one lot for the future construction of one single family dwelling. The lots are located on Lot 42 and part of Lots 41 and 43 of Lakeside Park Addition. Lakeside Park was platted in 1921 (Exhibit B). The original plat shows that the lot width along the lake side to be about 50 feet for each lot. A recent lot line dispute between adjacent property owners in the area was resolved (through arbitration), resulting in the lot lines as drawn on the survey. The proposed lot will meet the requirements as to lot area and lot width at the front yard setback. OHW width is required to be 75 feet, hence the applicant is requesting a 3.48 foot variance to permit OHW width of 71.52. The proposed structure will meet setback and impervious surface requirements. The existing and proposed lot conditions are as follows (from Exhibit C, Survey): 16200 E~~~~~~~~~f:?R\g1~l~~;CWflnnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Lot Area Front Lot OHW (Sq. Feet) Width Width Shoreland District Requirement 15,000 90 feet 75 feet xisting Lot (Vacant) 19,668 97 feet 31.97 feet art of 41 and 42 xisting Lot (Existing House) 19,777 97 feet 39.55 feet art of 42 and 43 roposed Combined Lot 39,445 194 feet 71.52 feet ot 42 and Part of Lots 41 & 43 VARIANCE HARDSHIP STANDARDS 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. This criteria goes to whether reasonable use can be made of the property if the Ordinance is literally enforced. The variance request to OHW width is an existing condition. There is a hardship with respect to the property because those dimensions cannot be changed to meet the criteria of the ordinance. 2. Such unnecessary hardship results because of circumstances unique to the property. The unique circumstances are the pie-shaped lot area and the platting of the property prior to the establishment of the shoreland regulations. Considering that those are existing conditions created in 1921 and they cannot be altered to meet the ordinance requirements, hardships do exists for OHW width. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. The OHW width is a hardship that are not the result of the applicant's actions. The property was platted in 1921 with approximately 50 feet of lot width for each lot in Lakeside Park. The Shoreland Ordinance was first adopted in 1987. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. Considering that the two lots are existing lots of record, 1: \97 files\97 adplat\97 -037\97037 cc.doc ALTERNATIVES: RECOMMENDATION ACTION REQUIRED: REVIEWED BY: they could be built upon separately. Each lot is substandard (does not meet OHW width) but can be built upon because each lot has at least 50' in width measured at the front yard setback and more than 7,500 sq. feet in area (see Exhibit D Developable Site Area). The applicant is proposing to combine the two lots, reducing the non-conformity of the OHW width as much as possible. Staff feels that the existing lots, platted prior to the implementation of the Shoreland Ordinance, present hardships that are unique to the property and under no control of the applicant. The proposed combination of two substandard lots is in the best interest of the public. Staff recommends approval of the variance and the administrative land division with the condition that 10 foot drainange and utility easements are granted to the City (except on property lines adjacent to the lake). 1. Following the public hearing, City Council could make a decision regarding the variance request and administrative subdivision. 2. Following the public hearing, the City Council could refer one or both of the requests to the Planning Commission for input or request that the Planning Commission hold a public hearing on the variance request. In the absence of receiving significant new input from the public hearing then Alternative 1 would be appropriate. If new information or questions arise, then the Council may wish to pursue Alternative 2. If the Council wishes to act upon the petition, a motion and second to adopt ReSOlE ~ -~ approving the variance request and R. esol 'on ...7-XX approving the administrative plat. i I /, ! 1: \97 files\97 adplat\97 -037\97037 cc.doc RESOLUTION 97-XX A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTING A 3.48 FOOT VARIANCE TO PERMIT A 71.52 FOOT LOT WIDTH AT THE ORDINARY HIGH WATER LEVEL (904 EL.) FOR TWO LOTS TO BE CREATED VIA ADMINISTRATIVE PLAT FOR GILBERT AND JOANN ANDERSON MOTION BY: SECOND BY: WHEREAS: Gilbert and Joann Anderson have applied for a variance from Section 5-8-3 of the City Code and Zoning Ordinance in order to permit the combination of two lots for the creation of one lot in the R-l (Suburban Residential) District on the property described in the attached Exhibit A (legal description); and WHEREAS: The City Council has reviewed the application for variance as contained in Case #97-038 and held hearings thereon on May 5, 1997; and WHEREAS: The City Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan; and WHEREAS: Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan; and WHEREAS The special conditions applying to the subject property are unique to such property, and do not generally apply to other land in the district in which such land is located. The unique circumstances applicable to this lot are that the properties to be combined were created in 1921, prior to the implementation of the Shoreland Ordinance, over which, the applicants had no control, no can they change the existing conditions, and WHEREAS: The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely 1:\97files\97var\ccresvar.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER as a convenience to the applicants, but is necessary to alleviate demonstrable hardship, and WHEREAS: The contents of Planning Case 97-038 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance Code this variance will be deemed to be abandoned, and thus will be null and void one (1) year from the date of approval if the holder of the variance has failed to obtain any necessary, required or appropriate permits for the completion of contemplated improvements. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the variance for the combination of two lots to create one lot with an OHW width of 71.52 feet, rather than the required 75 feet, as identified in attached Exhibit A (legal description) and on attached Exhibit B (survey). Passed and adopted this 5th day of May, 1997. YES NO Andren Andren Greenfield Greenfield Kedrowski Kedrowski Mader Mader Schenck Schenck {Seal} City Manager City of Prior Lake 1:\97files\97var\ccresvar.doc 2 EXHIBIT A ANDERSON PARCEL 1: (PID No. 25 096 0250) That part of Lots 41 and 42, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of said Lot 41, a distance of 241.96 feet to said most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with a line drawn North 49 degrees 56 minutes 32 seconds West from the most northerly corner of Lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 degrees 08 minutes 06 seconds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30132. ANDERSON PARCEL 2: (PID No. 25 096 0260) That part of Lots 42 and 43, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds WeS"t, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of Lot 41, of said plat, a distance of 241.96 feet to the most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence northeasterly along said shoreline to its intersection with a line drawn North 63 degrees 59 minutes 41 seconds West fro~ the most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet to the northeasterly corner of said Lot 43; thence southerly along the east line of said Lot 43, to the point of beginning. As more. specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30133-, A\ANDERSON.GIL\4\EXHIBITB.TFM (1 v \)' ~~ / N Yl i' 1\ I, i. i' I 1\ f :'I:;/~.. - /,r"" J'/.l ' lAND IU,\lnOIS EXHIBIT B I --1 I .-- .----- - T. '1" ~ i ~ --- --, ,I(J y' \: '. / r -:r' - --:\ ~ fl~:'~~ \ --_. i~ "~' --~-./:~ ,," ,'.' \ ~.,n" , 1(0 t.V:' ~,,"-,., ), fJ ~I lr "..,~'''3>' \ . . 'i '" . .,c;'''"L." _' ..... N~:a'~ /Vl"Y'~t. I,,,,., _._'Y c__... r.. ~1' ~~\: :....,. ~....~~.,z ~ l\ol.~ /f\;~: . ~,~.. ~! /. V'.:: I~r, Ii "--. ~~'~;~.J '~t. ~ . .'~ ~.; .............. G\ ..1 '" -. ........... , 'v..>..... -~., (yt,~. 1/ . ~,....f ~':!-_ , ...'" ..e~. / / "'.""t" ~r /-'4_ , (;> I . .0 - .-- 'i ' ~ ~- --- - . ~\\.''''''' --, ~\~ '" ~,,<, ""- I. ",,,:/i'lf; . c-"-' # I t4"'J I;~~~';' ~ , , " II ~~'r~ ~\ C\ ~ ~~ '~I t~t ~ ~~-NS ~__,.. It -11.".1'- -.: t'I.':J' ~.c-' ...:.....--" .... '- . t1 ..., . ." ,', l:' '" ......;;::;- . ~' . ":""'F"~;,_ ' .' ,,:~ ~'~J r":11i ~! 1-, (/ '" ~,i~ \ > ....l -j.< ~ :- ;i;~_~~--~ ~-d _~.t\~i "I':~:'~" ~"'Ne c.,...~, ~~ ~L..f-43 7~5'1 !' \.l~ ~ ~ ~ ~ '" .~. .".- I / , " . ,r' c(J. \.l\ ~ \, ~ ~ " j 0"" v , ,I'. , V .~~' ~ ",,; -~,~~:~ '~:;.:::- '- :" ~,: ~",",F- ~"...'~,::~ _ \"..rC'.....:., , . "I' \ '-. Y , --- ,// y '--"- ._- :,Ilrvp'/ fnr: DAHLE aROS., INC. DESCRIPTION: That part nf Lots 41 and 42, "LAKESIDE PARK", Scott County, ninnpsota and that part of the arpa in said plat lying bptwepn said lots and thp shorplinp nf Prior La.e, dpscrlbpd as fnllnws: aeginnlng at thp nnrthpastprly cornpr nf said Lot 42; thpnce North 72-~pgrpPS 34 minlft~s 12 spcnnrls W~st. assllmpd bparln~t alnng a linp rlr~wn from thp northp~stprly cornpr of said Lnt 42, tn thp most northerly cornpr of said Lot 41, a distance of 241.96 fppt to sai~ most norhprly cnrner of said Lnt 41; thence North 55 dpgrpPS 12 minutes 51 spconds Wpst to thp shorpline of Prior Lake; thpnce southwpsterly alnng said shoreline to Its Intorspctlon with. Ilno ~rawn North 49 ~ogrpPS 56 minutes 32 spconds West. froa thp most. nnrtherly corner of lnt 40, nf said plat; thpnce South 49 dogrees 56 ainutes 32 seconds East tn said mnst northprly cornpr of said Lnt 40; thpnce South 60 degrpes 08 minutes 06 secondS East a distance of ?SS.R8 feet to the most southerly cnrner of said Lot 42; thence north- prly .Iong the east llne.of sald,lot 42, to the pnlnt of beginning. Also that part of Lots 42 and 43, "LAKESIDE PARK", Scott County, Minnesota and that part of the area In said plat lying bptween said lots and the shnrellne of Prior Lake, described as follows: Aeglnnlng at the nnrtheasterly corner of said Lot. 42; t.hence North 72 degrpes 34 alnutes 12 secondS West~ assumed bearing, along a linp drawn from the norheasterly corner nf said Lnt 42, to the most northerly corner of Lot 41, of said plrl, a distance of 241.96, feet to the aost northerly corner of said Lot 41; thpncp North 55 degrpes 12 minutes 51 spconds West tn the shoreline of Prlnr Lake; thencp northeasterly along said shorelioe to Its Intprsectlon with a line drawn Nortb 63 degrees 59 minutes 41 seconds Wpst from thp most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northprly cornpr of said Lot 42; thence South 85 dpgrees 49 minutes 03 seconds East a distance of 240.44 fpet'to the northeasterly cornpr of said Lot 43; thence southerly along the past line of said Lot 43. to the point of bpglnning. I hprpby cprtify that this abovp dp5crtbpd and of the any, from or on said land. is a true and correct ropresentatlon ~f a survey of the boundaries of tho location of all buildings, If any, thereon and all visible encroachmpnts, Dated thIs 16th day of April, 1997. CARLSON & CARLSON, INC. ~ !? LANO SURVEYORS bY~AUf~~ VLarrY,ft. COlltur., land Survpyo Mlnnesnta Licpnso No. 9018 land If k",;ec': ..,t//7/:?7 RESOLUTION 97-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE ADMINISTRATIVE PLAT REQUEST OF GILBERT AND JOANN ANDERSON. MOTION BY: SECOND BY: WHEREAS: notice of the said administrative plat has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS: all persons interested in this issue were afforded the opportunity to present their views and objections related to the administrative plat for the record at the City Council hearing; and WHEREAS: the City Council has reviewed the administrative plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said plat to be consistent with the provisions of said ordinances; and WHEREAS the Prior Lake City Council considered an application for administrative plat approval of Lot 42 and parts of Lots 41 and 42, Lakeside Park as described in Exhibit A (attached), for Gilbert and Joann Anderson on May 5, 1997, and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for the combination of lots as described in attached Exhibit A (legal description) and shown in attached Exhibit B (survey) with the following condition: 1. A 10 foot drainage and utility easement be granted to the City on all lot lines except those on the lake side (west side) of the lot. Passed and adopted this 5th day of May, 1997. YES NO Andren Andren Greenfield Greenfield Kedrowski Kedrowski Mader Mader Schenck Schenck 1:\97files\97adplat\97-037\ccresplt.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT A ANDERSON PARCEL 1: (PID No. 25 096 0250) That part of Lots 41 and 42, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of said Lot 41, a distance of 241.96 feet to said most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with a line drawn North 49 degrees 56 minutes 32 s.econds West from the most northerly corner of Lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 degrees 08 minutes 06 seconds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30132. ANDERSON PARCEL 2: (PID No. 25 096 0260) That part of Lots 42 and 43, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of Lot 41, of said plat, a distance of 241.96 feet to the most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence northeasterly along said shoreline to its intersection with a line drawn North 63 degrees 59 minutes 41 seconds West fro~ the most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet to the northeasterly corner of said Lot 43; thence southerly along the east line of said Lot 43, to the point of beginning. As more specifically described in that Certificate of Title fiLed with the Registrar of Titles as Certificate No. 30133-. A\ANDERSON.GIL\4\EXHIBITB.TFM " v ~' ~~ ,( N }I ii 1\ I I \' Ii 1\ r --- 5f:;/~.'- /'~:fd" \ANO SUIVf'l'OIS I<J .), w,'{ \' '../ EXHIBIT B I --1 I .-- .--.-- -- r. -{ i --- --I ---: t'/":j' ~.<-' .~.:.:.-.. .'" '" -. t) ...~ . - ",..... (' ... ,,,~ . ~ ~:'7~" ~I !-'.. ,. ~ .." ,,,. ~d --.~~! ~..i ~"'I , , ~I II ~ ~,;':- l\ ,> " 'f~ ~. .:- 5~1e] ~~.J;_.'e" ~.ojt~ 4'--;.'" -:: ,I;~:'~~' "~"'N~ Ctl>r",.~, 1.-0 of J..-143 7~51 1 T.: , ji . Ii ': ~ ~: -.................. ~~ ~ ~ ~ ~ "} " ~ 'j ii :: :It ~ :~ ~ ....1lC', '=, C\ ~~ ..... \-l'::t ;~-NE c..,,,,,..... If Df'-H4-r. '" ,~' .".- I / ~ \ _.I- \~ , " 't. , , \,' ,~ ' ".' 1.1.\ t~~ " \"' ~ ~ 'j 0" ~ ,-; , ~. i~ . ~~;-.:~: ~ -''': -:.c;. .:"'~~ ... :r;..- ..: ,',. '. j: - ..i. ;~ "" "" y '----.- .-- :'llrvp', fnr: DAHLE BROS., I NC. DESCRIPTION: That part of Lots 41 aod 42, "LAKESIDE PARK", Scott County, nlnnpsota and that part of th@ arpa in said plat lying bPtwppn said lots and thp shorp!inp of Prior Lakp, dpscribpd as fnllows: Rpglnning at thp northpastprly coropr of said Lot 42; thpocp North 72 dpgrpps 34 minutp.s 12 spcnnrls Wpst, assllmfli!d b{larin~, alnng a ttnp. t1rllwn from thp. northpastlrrly corn,," of said Lot 42, tn thp most northprly cornpr of said Lot 41, a dlstanc@ of 241.96 fppt to said most norhprly cnrnpr of said Lot 41; thpncp North 55 dpgrpps 12 mlnutps 51 spconds Wpst to thp shorpllnp of PrIor Lake; thpncp southwpstprly along said shor@lln@ to Its Intprspctlon with a Ilnp ~r"wn North 49 dpgrpps 56 minutes 32 spconds Wpst' from thp most' nnrthprly cornpr of Lot 40, of said plat; tbpnc@ South 49 dpgrpps 56 mlnut@s 32 spconds East to said most northprly coropr of sal~ Lot 40; thpocp South 60 dpgrpps 08 minutes 06 spconds East" dlstancp of 255.88 fppt to thp most southprly cornpr of said Lot 42; thenc@ north- prly Ilong the past Ilnp.of said,Lot 42, to thp point of b@glnnlng. Also that part of Lots 42 and 43, "LAKESIDE PARK", Scott County, Mlonpsota and that part of thp arpo In sold plat ly1ng bptwppn said lots and thp shorpl!np of Prior Lake, described as follows: Rpglnnlng ot. thp northeastprly corn..r of said Lot 42; t.hpnc.. North 72 dpgrp@! 34 mlnutps 12 spconds Wpst,: assumpd bearing, along" Iln" drawn from the norh@ast@rly corner of said Lot 42, to the most northprly cornpr of Lot 41, of said pla~ a distance of 241.96, fppt to thp most north..rly cornpr of said Lot 41; thpncp North 55 dpgrp@s 12 mlnutps 51 spconds Wpst tn thp shorplinp of Prior Lakp; thpncp north@aste~ly along said shorelinp to its Intprsectlon with a Ilnp drawn North 63 dpgrpps 59 minutps 41 spconds W..st from the most nortbprly corn@r of said Lot 42; thpnce South 63 dpgrpps 59 mlnut@s 41 s..conds East to thp most northprly cornpr of said Lot 42; th..nc@ South 85 dpgrpps 49 minutes 03 seconds East a distance of 240.44 fp..t'to thp northeastprly cornpr of said Lot 43; thpnc@ south@rly along thP past Ilop of said Lot 43, to th@ point of bpglnnlng. I hprpby cprtlfy that this abovp dpscrlbpd and of tbe any, from or on said land. Ls " trup and correct rpprpspntatlon ~f a survpy of th@ boundarIes of thp location of all buildIngs, If any, thpr"on and all vlsiblp @ncroachmpnts, Datpd this 16th day of April, 1997. CARLSON & CARLSON, INC. ~ LAND SURVEYORS by 'L<#F~~ VLarry J(. Couturp, Land Survpyo Minnllsota L1censp No. 9018 land If kV/;~C': 4//7/:17 -~ EXHIBIT A 6-1-3: ADMINISTRATIVE LAND DIVISION: The City Manager or representa- tive may authorize subdivision approval upon finding: (A) The division will not result in more than three (3) parcels. (8) The property to be subdivided was a lot of record in the office of the County Recorder of Scott County prior to March 18, 1974, or is a lot which is part of a plat which has been legally recorded with Scott County. -(C) All newly created lots must meet the minimum standards of the Zoning District in which they are located and the resulting parcels must generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. (D) The division will not cause any structure on the land to be in violation of the Zoning Ordinance, (E) Any easements which may be required by the City must be granted. (F) The owners of land contiguous to the parcel must be notified in writing and no written objection received within ten (10) days following notification. (G) Appeals: Any written objection shall constitute an appeal. Such an objection shall be forwarded to the City Council who shall hear the objection and decide the matter. Prior to making a decision the Council may request the Planning Commission to review the matter and make recommendations. (H) Variances filed with an administrative land division may be considered by the City Council. without prior review by the Planning Commission, provided a hearing is conducted by the City Council. (Ord. 88-23. 12-19-88) 6-1-4: COMPLIANCE: Except as provided in Section 6-1-3, no land shall be platted. subdivided, rearranged. developed or improved in any way which is not in conformity with these regulations. All subdivisions of land hereafter submitted for approval shall fully comply, in all respects. with the regulations set forth herein. (Ord. 87-10. 8-17-87) ,{ '" EXHIBIT B LAKESIDE PARK ORIGINAL 1921 PLAT ~i ..,.... ': . ~ .44 "1 ~~. II' ~\LIL 45 rC\oC N 44 t i.J l l; ,~~ .. . .....r-L )II' -!::( J:t:rJ- / ~ wIN !IJ,i lilt ~ /!I_I; /5 II IOf"fWJt. ~#f1 ,r 1M ~; 1hif III', tVI ~ii:lly ~II /hItw1: IIfIti /hi I'/IIM/INIW Jll"Nltd 41.',hltfll1 ,~ y - f " 1 ---, i EXHIBIT C o v ~' ~~ ,..( N fj 1\ I I I' I! 1\ f ~;;/~..- /,;I"=-.J"d ' \ANO sutvnou liJ -iv' \: \ 1 '/ ,I 1'1 II ~ 0: ~ ,1\ ....i \ ~: ....' ~< ~' ~ --- -.----- ---' -- r --;r' -~-- ,:'", ~ ft~ ~ \ ~---.._ l'IC",J\ '\ . ____//:;6,.- \" \ " r'" , I~"',~ot -1':: ' lnlVtr\'i 2=7l~-"~. ,)XI ~ .... ,,r/~ ..... M~:,,-~.NYy' t' I""~f _._/Y , c"""f!I'-':' eo.I ..-:f r\~, ~ .~~ ;';;1 ~~ ~ I ~ ~, ~ I\,; k \- ~/ ' .!' lo/.'~ /\9~71- , ~~.:~~ 1/ '---- ~~,~~~~~ ,,~} --,,--- 0\ ,I ,:j-.' ~ (.i ~~ .' '/>,.~' ;;;t;::.~!-- - /, 1",~~;,,' I '~'.f~' '~2:'____ 1 II I ~ --_ ~^'; '- ~ ----- .;;~ ~\t - - - , ~a <5'0 ~\~ ~ \-"6-- ""9 \..,::.~ ;' .;;.~ ---: ~d __~.t\~ ~j :~~f~~~~ \,fi,/'. ;1 ::~-Ne c..,,,..,~, TO, ." J."f~3 , I' ..... 'Ii I) ! i !; 1 1 I.\.~ t'. ~ \, \l.l ~ '-j 79.5'1 ~ ~ ~ ~ .:4',:/ '.l4f ii Ii 'I j! I ,j il'... 'Il , > :..': ~ '"', \('- ~\ Q\ It .~ ,. .... ',.' \'I~ ~~-NE c#,,..,.~ It Df/..~f4-t:. "-- '" ,~' r / / I ". ~ ,,-; -~~~!.:: .~:t-::- .. :; ~' -: .~ 4.A1 ..;, ~', ~",..f SlY. ';>1-- c....., ,;J ,olt t.,f 4Z y , , ----- .,- .---- :'lIrvp'! fnr: DAHLE RRDS., INC. DESCRIPTION: That part of Lots 41 aod 42, "LAKESIDE PARK", Scott County, nionpsota aod that part of the arpa in said plat lying bptwepn said lots aod thp shorpllnp of Prior Lake, dpscribed ~s follows: Reginning at thp oorthpastprly coropr of said Lot 42; thpnce North 72 dpgrpes 34 minutps 12 spcoods Wpst, assumpd bpariog, aloo~ a linp drawn from the northeasterly cornpr nf said Lot 42, to thp most northprly coropr of said Lot 41, a distance of 241.96 fppt to said most oorhprly coroer of said Lot 41; thence North ~5 dpgrpes 12 mlnutps 51 spconds West to thp shorelinp of Prior Lake; thpoce southwpstprly along said shoreline to Its lotprspction with a Ilop drawn North 49 dpgrpps 5fi minutes 32 spcoods West' from the most' oortherly corner nf Lot 40, of said plat; thpnce South 49 dpgrees 56 minutes 32 seconds East to said most northprly corner of said Lot 40; thence South 60 degrees 08 minutes 06 sp~onds East a distance nf 255.88 feet to the mnst southprly corner of said Lot 42; thence north- prly llong the east Ilne,nf said lot 42, to the point of beginning. Also that part of Lnts 42 and 43, "LAKESIDE PARK", Scott County, Minnesota and that part of the area in said plat ly1ng between said lots and the shorelloe of Prior Lake, described as follows: Reglnnlog at, the nnrtheasterly corner of said Lot 42; t,hence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the norheasterly corner of said Lot 42, to the m-ost northerly corner of Lot 41, of said plat, a distance of 241.96, fept to the most oortherly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West tn the shoreline of Prior Lake; thence northeasterly along said shoreline to Its intersection with a line drawn North 63 degrees 59 'minutes 41 seconds West from the most oortherly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most oortherly corner of said Lnt 42; thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet'tn the northeasterly corner of said Lot 43; thence southerly along the east Iloe of said Lot 43, to the point of beginning, I herpby certify that this above descrlbpd and of the aoy, from or 00 said land. Ls a true and correct representatioo ~f a survey of the boundaries of the location of all bulldlogs, If any, thpreon and all visible eocroachments, Dated this 16th day of April, 1997. CARLSON & CARLSON, INC. LANO SURVEYORS land If /JV/;~/: -1//7/:17 EXHIBIT D DEVELOPABLE SITE AREA ~l) -. : --t.:::::-=:=-=-::-:,:::::,--:::::::==~.-5---1,~ , II !:~ -.:. P,.~ . "~,\,- J~~-: /' /)}'..', ..,/ ,c' /,/ P ,/ \.c. ',:7 ," V //' , / '-: \.... .., /,/ / / -~' \ . / (,:-:: --, /J/........ . \ r -.'t".. t- \ ~ ", , ~ ,;, ,\ 1"' - ,... :' -;' //' , \.;j>~ I \<~ \ v \ "- '- /,::-,.1, 4' 1'-(\\ , ~ ~ '\.l' '\. ~, ''I l_",~ ./( //"" .... ,\~1A/ ( "'Z# / " ,/ " ,"" ......." / '....~ " --. /11 /A1 ( ~I "P{) I I / I / '/ .I / .I I J' 0,/ I ,... f9 .2l,; ,... ~ ;$ ~ ~ ~ ~ ,... ~ r;; 97' 25' 1- /;7 K E,,5"" / '[>E ~4 .-\. /..:::~;..::.} " , / ,< ~/' .(--''-''- t' ..c: ~"";;' "/E~ ~_.;"...,_.~~ 7 ~~:? 'I '!! r"---. I / ./ I I ! I / I I / I I r ( l' ( I ( ,... ~ ~ ,... eo S ,... o ~ G) ~ ~ ,... o ;g \,c"..c.. - t. \ LOT AREA 19,668 SQ. FEET ~~, LOT AREA 19,777 SQ. FEET' ''':- ,~ {~ ~, ~~ N ~ ~ 1\ \ '\., ~, tJ) ~ , I , , I I ; , , 10' I I , i i .~)r.".... I:. , I / ;, f ~, , ,. "."~,"'//... '/... . : ': f ~"/a\ i , Ii , ... /.' .J / 97' 25' /'''4.4' /71/C/I'//C , .' V J:: , ,; -, .t-- ."'-....... q ~ d ~ / 'I- / '\i" " 't,-~~ , iX' ~...~r ~./ ,~ /., .. Correspondence L:\TEMPLA TE\FILEINFO.DOC MjtQ~&~~ -l(foB~lme~~~rlli 'l1JJ[~~ Telephone: (612) 772-7910 Fax: (612) 772-79 MAY 8 1991 May 6, 1997 Ms. Jane Kansier City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372-1714 RE: ADMINISTRATIVE LAND OMSION AND OHWLOT WIDTH VARIANCE, PARTS OF LOTS 41, 42, &43, LAKESIDE PARK MULTIPLE VARIANCES, LOT 22, REO OAKS, PINNACLE PARTNERS Dear Ms. Kansier: I have reviewed the materials which accompanied the notices for the subject zoning matters and offer the following comments on behalf of the Minnesota Department of Natural Resources. ADMINISTRATIVE LAND DIVISION AND LOT WIDTH V ARIANCE- LOTS 41-43 LAKESIDE PARK Minnesota Rules, Part 6120.3300, subpart 20, requires the combination of contiguous substandard lots of record held in common ownership. This proposal is consistent with the intent of the shoreland rules, and the ONR encourages the city to approve the lot combination as requested by the applicant. The ONR is not opposed to the 3.48-foot lot width variance at the ordinary high water elevation. MULTIPLE VARIANCES. LOT 22. RED OAKS I had faxed the city preliminary comments on April 23. Since that time, I have inspected the subject property. The applicant has proceeded to excavate in the bluff area, apparently without the required grading permit. Shoreland regulations are in place to protect bluff areas from the very destruction that has occurred at this site. The ONR is opposed to the granting of the lake setback variance and the bluff setback variance. No attempt has been made to design a structure which is sensitive to the provisions of the shoreland zoning requirements. The ONR recommends denial of the variance as requested. We are not opposed to the lot area or lot width variance. The applicant should immediately restore and stabilize the bluff area, apply for an after-the-fact grading permit, and re-design a structure which meets the bluff setback requirement. The ONR would prefer the city consider a variance from the street setback in order to maximize the structure setback from the lake and bluff. Thank you for the opportunity to review and comment on these land use matters. Please call me at 772-7910 if you have any questions regarding ONR review. ~ DNR Information: 6\2-296-6\57, \-800-766-6000 . TTY: 612-296-5484, \-800-657-3929 An Equal Opportunity Employer Who Values Diversity ft Printed on Recycled Paper Containing a "'4' ~inimum of IO'k Post-Consumer Waste t June 10, 1997 Bill Criego 16350 Park Avenue SE Prior Lake, MN 55372 RE: Lakeside Avenue Property Dear Bill: I looked into the activity on the lot you asked about at the Planning Commission meeting on June 9, 1997. The property was originally two parcels of land that were recently combined to form one larger lot. The existing house on the lot will be torn down once the new house is completed. Attached is a survey for the new dwelling. The proposed house meets all of the required setbacks and elevations. Please let me know if you have any other questions. Sincerely, ~ansier, AICP ~~~~g K~oordinator Enclosure 1:\97files\97 corres~ane\criego.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1" i N I j 1, " ii !\ i' I; I: , ' I: 1 ! , ' t I, I I I ! i I i I --+---, I I 5cc;/e .- / ~~ = ..f(:J ~ ... \ , ~y ';--.. -\1 ~~~:~ \ l( , . J <'v. 0.' \ , \' {'.} AJ \', lJ\> ,I. b~ ;' 'I.J,~ I . " \ ,',' ,~t ~\ ~' '\., } ./ .~ - I ----1 j ! I I 1 I : '--- ------ ;' ~~/tt' // o ~~-f t:.- ./::'-r- ',,- ~ -~~~- ..\ j -...::j .... '1>, ~~: ,r 'j :1 ,:;:, -Ne C&>,~~" -i'~' .t:>.{ L(';f-43 I( , l.; i' " " ii h :! :j !; '} ~ ~ , " :1 i i 'I ;j :, ;, ~\' !;~ ~ '/ t h :; \i ~ ~ ; :"~.'-~ ~', ~r .: ~ , \( <I ;;' "\,, !. U ~ """I :: ~-N;; CN.....,- --..... .,.. S( o.I"L(';f4-~ , ~ ~ ~: i ~ 'I' 'j ~I ~ <'I ~"#~f - '0 C~"de.l' ~ ' L.&>f 4-~ ~4 '" "'J .....',. '"', ~ ~ {"'.... ~ ltJ \ , ~''.I '-.., \, \ ~ l.\" :\! i...... "(, "', J MAY-19-97 MON 8:47 AM P. 1 DATE: TOJ Thomas L. Hvnnen Scott County Auditor eU8JECT= Combin~ Tax Stat.ment~ I hereby reque.t th~t th~ Tollowing parcel~ awned by me be combined to reflect th~ following de.cription.. I her~with certify the ~urr~"t tax I~ paid in full and. that there are no d.l inquent t.x.~ on th.s. parc~J~. PARCEL .. ~fi-Oq(P..O~~-O( d,'5-0q~~ (!)~h~ ) ~ed /UmtU~';'ff .A.A.)!'! / ~/ t1~.T - 0 9~ "-0:<' {p '0 X SIGNATURE (Proper ty 'X ADORESS DESCRIPTION (.Iio /12.1 I/~ /.LJf i./~ rP!i~ ~ jJ~ Lof 113- ~ ~"'1 ~ 6,'/~ .:% d,,., ~~S-,-+? May 6, 1997 Gilbert and Joann Anderson 16122 Lakeside Avenue SE Prior Lake, MN 55372 RE: Administrative Land Subdivision (File #97-037) Dear Mr. and Mrs. Anderson: This letter is to inform you that your application to combine the parcels you own, currently described as part of Lots 41, 42, and 43, Lakeside Park, into the singe lot as shown on the attached survey has been approved. This approval is subject to the condition a 10' wide drainage and utility easement be granted to the City on all lot lines except those on the lake side. Attached is a blank copy of the document used to grant an easement to the City. This document must be prepared and returned to the City for review. Once the City has reviewed and approved this document, it must be recorded. In order to implement this administrative land division, all pertinent documents must be filed with the Scott County Auditor's Office within sixty (60) days of the date of this approval letter. Copies of the recorded documents, along with the newly assigned Property Identification Number (PID) for the new parcel, must then be submitted to the City as evidence that the administrative land division has been filed. Please be informed that failure to file this information by July 6, 1997, will void the approval. If you have questions regarding this matter, contact me at 447-4230. Sincerely, O-..~ ~. Kansier, AICP Planning Coordinator c: Tim Moynihan 1:\97files\97 adplat\97 -037\97037 al.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER '" ~ j\ It Ii :' i I '\ 1\ r 5J.;/~: /,J": ..~d ~ANO 5"....non , \/, 'l' ., - -----; - 1 ------1 , --- (- v ~)' ~: I(} \. \' to! / 'I ~{~ t\ ~ ~ ~' t. ....' ~~.. '. :.-~ j '... " 'll ~ ...~~~.... ,'. ~ ~ '-'<;!r JI [;], " ....., '... ~':/' -:,d ':;"'Ne ~.,.-~, (\~i 7"J.5/ ';"" dfL-<!~3 ------- ----- 1.1\ ~ ~ . ~ . ~ C'.. " ~ ~ ~ h .:"',:/ ...~ ~ ~ ';.,e! ~. IS\ tl..fat. <, , .. \-t~ ....:.:~. ,,~"'E~_...... . .rLM"r:. 0 1.\\ \/',' <(r !~ \, , ~ :- { ....j '~", .;. :;;.", ~...""S~ I"It .,,-- e....;".".iJ -.,..y ~.~~" / ~ :_I~~.~ '~';o"e- ~ ;;4~ .;'_~~ .. "'- , -'......... .-/Z'~~_., """ " " ,~, / " 0"......" .' , , ~' ~. " "'.;, "'" , ,,," ;~, " ' ,: ... ,,\ ",.:'~, ,,\~;> ....Irvp.' ~nr: DAHlE ~ROS.. INC. DESCRIPTION; Thllt D".,.t nf Lots 41 ...nd 42. "lAKESIDE PARK", Scott County, ntnnpsota lInd that Dart of thf! i,,'lIo1 In sabot plat lying hptw....n said lots and thp shor..llolI nf Prior Lek,e, dpscrtbpd ,15 fol tows: Atlginning at thp nnrthpastfl!rly corn_I" of said Lot 42: th..ncp North 72 dfllgrfllf!S 34 m(nutftS 12 Sfllcnnds Wftst, 115511mflld bpartnG. alon~ a Iln.. ctrllwn frOIll thft northf!lIsterl)' corn..r of said '.ot 42. to thp anst northprl,. cnrnpr of sail1 Lnt 41. a dlstanc" of 241.96 r,.ftt to S<1j(l most nnrh,.rly cnrnf'r oruld Lot 41; thfllncp North S5 dpgrfllPs 12 mtnutl!'s S1 s..condS W..st tn thft shorfl!l tnp of Prior Lalt;fI: th,.nCf! sOllthwpstp.rl)' illnng said shore) lnf' to tts Intprs..ctton with ill ltn.. ctrillwn North 49 rfpgrfll..S 5f! mtnutps 32 S"cnnds Wpst' frOI2 thp most. nnrH'll!'rl,. eornl!'r of Lot An, of said platj thfllncp. South 49 d"g.,.fI"S 56 alnutll!s 32 sp.conds East tn utrf mnst north,.rl)' c"rnfllr of satd Lot 40: thflnCf! South 60 d..grpp! 08 mlnut.! 06 Sflconds ~i'lSt ill tltstancp of 255.1'8 fppt to thllt most southprl)' cnrnf!r of said Lot 42: th"nctl north- "rly .1onq thp. fIlast ltnp._of said Lot 42. to thfl' Dolnt of b"gtnnlng. Also that part of tots 42 and 43, -LAKESIDE PARK-, Scott County, "Innpsata and that Dart of th.. ar"" In said plat 1)'lng b"h..po said Jot! and thfll shor..ltnf' of Prior Lake. df'scrlbp.d as follows: Rpolnnlng "t. thfl! northf'astRrl)' corOllr of said Lot 42j thRoc" North 72 dt!gr..es 34 olnutf'S 12 Sf'contls Wf'st. assu....d beadng, along" lInll! drawn frOIl the norh..sterly corn..r nf said Lot 42, to thfl lion northf!rty corn..r of lot 41, of said pld, a dlst.nef' of 241.96 ("flit to the !:lost nnrth..rly cnrnf!r of s"ld Lot 41; thpnCfII North 55 dRgrplS 12 1II1nutll!s 51 sf'eonds Wpst tn thp stlnr,,)I nf!! of Prlnr Lakf'!: thfl'ncp northuHer I)' a loog sa I d shorR Ii nf! to Its IntRruction with a Iln.. drawn North 63 d..grfl"S 59 lRlnllt..s 41 uconds WRst frOIl th.. .ost northflrl)' corner of said Lot 42; thflnee South 63 d"grp.es 59 minutes 41 SRconds East to th.. most northprly corn..r of said Lot 42: thf'neR South 85 dpgrp..s 49 minutes 03 Sfl!conds East a distance of 240..44 f....t to th.. north..ast",rl'1 corn"r of said Lot 43: th"nce southerl)' along thf' past Iln.. of said Lot 43. to th.. point of hll!glnnlng. I hprphy c..rt I fy that th I s abovf' dpscrtb..rl ..nd of the any. from nr on SAid land. i.s <1 tru.. and correct "lI0rf'sfl!ntation .of a survP.)' of thfl! boundarhs of th" land locatton of all buildings. if any. thprllon and all vlsib1P ~ncroachr:l"nts, If Datt"d this 16th da)' of April. 1991. CARlSON & CARlSON. INC. lANO SURVEYORS bY.~AU//~~ ULllrry fl. Coutllr". '.and SlJrvP)'o Minn<<snta Lieflnsp No. 9018 k../s<,c': +//7/~7 P,.npospd Gradf'S: Top of Rlocks ~ r.ara.gfl flnnr ~' Rfls.......ot flonr 9/7::' Form No. 28-M-QUII CLAIM uC:EU ,ndividual (sl to Corpo'i1liun or Partnership Minnesota Uniform Conveyanclnlllllanks (1978) Miller-Davis Cu., ,.'"lfu~a..ulis No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: ,19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, (marita' status) , Grantor (s), hereby convey (s) and quitclaim (s) to , Grantee, under the laws of County, Minnesota, described as follows: a real property in Miscellaneous L:\TEMPLA TE\FILEINFO.DOC RECEIPT N2 30703 DATE. II, 17 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE. S.E., PRIOR LAKE, MN 55372 Rece;ved of Ym~1vvvrVe. / ~{- ~ whose address and/or legal description/is' the sum of for the a011ars $ /1t{;1O ... I i<:; . I lit '~ II I o,~~ I ~~ I ~ - , - ., - " . -., ~.1 Jl!rt I , ;. ~, KRASS MONROE SCHMIDT MOXNESS & GIBSON, P.A. ATTORNEYS-AT-LAW PH. 612-885-5999 1650 WEST 82ND STREET, SUITE 1100 BLOOMINGTON, MN 55431-1447 4-21 19~ 75-1664410 910 .~ I PAY TO THE ORDER OF City of Prior Lake Planning Department $ 175.00 .~ i ,j DO LLA R S~, One hundred seventy-five and no/lOO-------------------------------------------- . Marquette Bank .... Shakope. Office of Marquene Bank, N.A. 380 South Marschall Road Shakopee. MN 55379 2874-4 Anderson/filing fee . LI_,._.... "II. ..~UIlCC... I'. \ \ ---- - ~ " .PROPERTY LOCATION -- 307.5 .. " 1J6() . 2~0936 ~ () rI 160059 0 2 ~ 0 ,!. I- (f) I. IJJ ~ 2 ynoy 4!<.e- CERT. 12~9 . :;5'f1t 'tan 17 18 . I -.- ;4t 12 II r .1.!5.. PL- Iii:: ,^-S .A.. '" -r- -,..,....... ..-. '1/"1 I .,," "'1:0~ '1~~.. ' 1 - 97 6- i .) II ~ ~ 8 9 Ie -- - ;: Verlyn Raaen To: Cc: Subject: Jennifer Tovar, Planner Curt Mann; Greg IIkka; Jeff Evens; Lani Leichty; Matt Saam; Susan McDermott Anderson Administrative Plat The Andersons [applicants] are former neighbors and friends of mine and I am therefore deferring specific comment to my very capable, competent and class act compatriots in Engineering. My review checklist for this plat would have me reviewing the following: 1. Sanitary sewer & water considerations 2. Roadway - frontage, public I private - condition - future improvements 3. Stormwater runoff - impact on City storm sewer & neighboring properties 4. Erosion control & grading - typically addressed at the time of building permit application review - grading undertaken prior to building permit approval will require a grading permit 5. D & U easement documentation, other easements 6. Shoreland Management Ordinance implications 7. Potential for impact on neighboring wetlands 8. Ordinance 94-05 implications, hammerhead driveway & Scott County access permit considerations Page 1 eri r "CJ CITY OF PRIOR LAKE PROJECT REVIEW CHECKLIST PROJECT NAME: ANDERSON ADMINISTRATIVE PLAT An application for an administrative subdivision to combine two existing lots of record has been received. Each existing lot is about 19,500 sq. feet, resulting in one over-sized lot of 39,000 sq. feet. Because the lots are pie-shaped, the lot width at the OHW is less than the required 75 feet resulting in a variance request. APPLICANT: Bud and Joann Anderson 16122 Lakeside Ave Prior Lake, MN 55372 PID#: LOCATION: EXISTING ZONING: COMPREHENSIVE PLAN: PROJECT REQUEST: SITE INFORMATION 25-096-025-0 and 25-096-026-0 16122 Lakeside Avenue, the property has lake frontage. R-1 SD Low Density Residential Administrative Subdivision to review application for compliance with applicable codes and for necessary changes. DISTRIBUTE TO: APPLICATION FOR: Frank Boyles X Greg IIkka X Administrative Land Division Blair Tremere X Sue McDermott Comprehensive Plan Amend. X Ralph Teschner X Jeff Evens Conditional Use Permit Paul Hokeness X Lani Leichty Home Occupation X Gary Staber X. Verlyn Raaen Rezoning X Don Rye X Doug Hartman Site Plan X Jane Kansier Preliminary Plat X Jenni Tovar PUD X DNR - Pat Lynch Dick Powell Final Plat County Hwy. Dept. Watershed Dist. Variance MNDOT Telephone Co. Vacation SMDC Electric Co. X Complete Application Review Other Met. Council Other DRC MEMBERS Date Received 4/21/97 Date Distributed 4/22/97 Date Due 4/28/97 Complete Application Date Distributed to DRC Meeting Date DRC Publication Date Tentative PC Date Tentative CC 5/5/97 Date 60 Day Review Date 6/20/97 Review Extension checklst.doc Page 1 I have reviewed the ANDERSON ADMINISTRATIVE SUBDIVISION attached proposed request for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: Signed: Date: Please return any comments by Monday, April 28. 1997, to: Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 checklst.doc Page 2 NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION April 21, 1997 The Prior Lake Planning Department has received an application from Gilbert and Joann Anderson (16122 Lakeside Avenue, Prior Lake, MN 55372) to consider an Administrative Land Division for the property identified on Exhibit B. The proposal is to combine the two parcels to create one lot, as shown on the attached survey reduction. The combined lot width at the Ordinary High Water (OHW) level is 71.52 feet. The Shore land Ordinance requires lots to have lake frontage of 75 feet minimum. A 3.48 foot variance to the OHW lot width is a part of this request. Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the City Manager or representative to authorize subdivision approval without a public hearing under the following circumstances: 1. The division of the parcel will not result in more than three parcels. 2. The property to be subdivided is a lot of record in the office of the County Recorder of Scott County. 3. The resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. 4. The division will not cause any structure to be in violation of setbacks. 5. Any easements which may be required by the City must be granted. 6. The owners of the land contiguous to the parcel must be notified in writing, and no written objection received within ten davs following notification. 7. Any written objection shall constitute an appeal. Such an objection shall be forwarded to the City Council who shall hear the objection and decide the matter. 8. Variances filed with an administrative land division may be considered by the City Council, without prior review by the Planning Commission, provided a hearing is conducted by the City Council. ' 16200 ag~~ Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 4417-4245 AN EQUAL OPPORTUNITY EMPLOYER A copy of the Administrative Land Division and location map are attached. Please accept this as official notification of the proposed Administrative Land Division and Variance request. Written comments or objections regarding this matter should be submitted to the Planning Department by May 1, 1997. The City Council will hear this item on May 5, 1997. Due to the variance request, they may refer the request to the Planning Commission for input, or they may hold a public hearing and make a decision on the request. For more information, contact Jenni Tovar at 447-4230. Prepared this 21st day of April, 1997, by: Jenni Tovar Planner 97-XXXpn.doc 2 " PROPERTY LOCAtiON ~1"-;7- II :5 ijJ.'W'f' . f c:(w~ s r ~.... A q~- ~~. r'-;-'l..~'~ EXHIBI A J -- 307.5 .. " IJ(J() . 2::;0936 ;;; () 160059 ~ 2 ii 0 " .c. 0 0) :t. I- en ,. I LU ~ 2 YOi Or teA/<.( CERT. 12~9 . ;;~ '1st' 17 18 ~ ;4t; 12 II' :t~ ~.. . .. 7 j .. ~I 150.5r: -~- 210 '" . . 95 . -:0 ''J0'~'''''1l1.'' l'f-3".r~ .' ..~. ''I , '.;, ,... '0 :n ::, ~I ~ ?"''32C~' . If). ". If) .-, ~ .., . ~ - ~ . ~. .~ - /' IIU~ 'I~z'S ' 1(' So 1,j,i97 ~ Q. -:- -~ ~ i , 'I ~ .. ~ '. ~'-~ 4---", -t:---.. " t~ ~ -- ,;Zb . " /~.~'"=' '- .,L/:.(- ..::- '-- ~~ ~..;; /7h .5!...,~ ? ;'- ';7 "'- ~ {>.. / .................. -'J'- ' / . - ~~ \ ' - -1- '~......~9<''f( ~~.. ,~ 14' .,2-u:;:*_ ,~<';~"r "/,; , , ~G ''''",~.- '...- ..f!...----~ -\d . '" q :'?~, '" f"!'5 .' 'A' r~&.o " . :,J,."y./=~".r,;"e :.,/ .~ ~., ,~ ',' '~ "- ,''f ._- ............".,"/ ............ -- ,j-r".r.Z '4/~''''J " +Z-;:~~1 "" r, " I~ 'r, ~ i "'" ~.. "~: J Q , ~ /0'.. (",' ' ~ . I ~ . ..... p ~~. / ~~~.., !,' ,\'\~' I '-~...: . J 11\.,< I .! '.J.,,'- / ,,~,___ I .'" t., <:-"'_ I : ' ~, " / I ~ ~~.;1 ~ / -.~~"!::~~;;,.-- \ ."\, ~4<, 47 _ : I~ . ~.... .....;. / / "~~"'J,: ':- \ / ....> ... / / ~,\ I \ j l'~' / :;';\' ~ . F . , J .' , "-. .J\~ 1;" \ / ~ ~, ~ .i' f ~ ,/ I /' - " . //~'. . , : -.~- ~, / '.., ~ . 'r.. , , I .... I \../ I \ \ . ~ , , I \ .....:--,....~\""~~ ,'.r J.-:~ \ \ \ '\ I / . 'h" q,~ ~''i . ~.t..~ {~ ;~ (,j d~' ~l... . , ~ :~ II " V '" . \~ ~ .\" . ~:)/v . ,:r:.':)') . -~~ 'J' -, .1 .' f' . , ", 1 \ ~ I ':-.. '., ',...... \ \ \ '{ I . j ''1 :I"- '~ J':' / " 'j / 1 I . j i \ \ ~ lit , /:'g.I' , l . ~~ ''''':':'':' J I ~. " . .~;;';~_._.- \ \ -----..-.....- - :l , . 1 ., ., . ; . -. -._;...;,.... ._~ /"'4.4- ''JJ/L ,JI~iL._ .~ ~i~='''''. [C~:"6=-=~--=='=~-'- -__:L :~t '.~"'_ ~~ ZOB'J~ ~<- t ~ NI"c9'or:"e .t, ~ ~~ ~~ \ \~ //VE/'IUE ...~ !.. "L}J::c$/[E 'j EXHIBIT B ANDERSON PARCEL 1: (PID No. 25 096 0250) That part of Lots 41 and 42, County, "M-innesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of said Lot 41, a distance of 241.96 feet to said most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with a line drawn North 49 degrees 56 minutes 32 seconds West from the most northerly corner of Lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 d€grees 08 minutes 06 seconds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30132. ANDERSON PARCEL 2: (PID No. 25 096 0260) That part of Lots 42 and 43, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of Lot 41, of said plat, a distance of 241.96 feet to the most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence northeasterly along said shoreline to its intersection with a line drawn North 63 degrees 59 minutes 41 seconds West from the most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet to the northeasterly corner of said Lot 43; thence southerly along the east line of said Lot 43, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30133. A\ANDERSON.GIL\4\EXHIBITB.TFM .' ~ I have reviewed the ANDERSON ADMINISTRATIVE SUBDIVISION attached proposed request for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: L Approval Denial Conditional Approval Comments: A.'-'- <i;~~L,C.'- D.-<;;s C~'4"'-c.,,",,'rS l~~ ~~c.I'v PA'-D "-J ~ F........,o-~<-.a... f'c-c..-<;. A-9-~ ~P9~\. CJA~\...L.. Signed: ..e~~ , Date: 4-\ 43\'" Please return any comments by Monday. April 28. 1997, to: Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 checklst.doc Page 2 ~ I have reviewed the ANDERSON ADMINISTRATIVE SUBDIVISION attached proposed request for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas +- Building Code Erosion Control Other , Recommendation: L Approval Denial Conditional Approval Comments: Signed: /~ Date: 4-.Z8-9~ Please return any comments by Monday. April 28. 1997, to: Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 checklst.doc Page 2 I have reviewed the ANDERSON ADMINISTRATIVE SUBDIVISION attached proposed request for the following: I JI Water II City Code V Grading v Sewer J Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy J Septic System Gas I Building Code j Erosion Control Other / ~i\A fJm.~t\+- '" Recommendation: j Approval Denial Conditional Approval Signed: Date: ~/~~lq7 ~fI<<1A ~ Please return any comments by Monday. April 28. 1997, to: Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 checklst.doc Page 2 ~:: CITY OF PRIOR LAKE 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 FAX # 447-4245 - TELEPHONE # (612) 447-4230 FAX COVER SHEET DATE: z1 - ;;:( 8 - 97 TO: ;;))LJdCuJ dtJA ~c.L-- Ff10M: ,--'Jhh~ I?JV4R SUBJECT: ~nlH ~ O;vrsllJh Tll'v1E: FAX#: L-}~;;)-~55V MESSAGE: "*.T undM1Ff'lcf whtl/t 4rar7~' ~<)(ru1dF mh ~ 0l-kkY ~ ,.-t. ~ Number of Pages Sent (Including This Page): 4 ;.., .. -, 04/28/97 MON 14:57 FAX 612 452 5550 C K S & F tal 001 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell Roger N. Knutson Thnm:\s M. Scott Gary G. Fuchs IRmes R. Walston Elliott B. Knetsch SUE:.~an Le;\ P3c:e (612) 452.5000 Fax (612) 452.5550 ^ndrea McDowell Poehlt:r Matthew K. Rrl1kl John F. Kelly Mar!l'uerite M. Mc:Camm Gcorglil T. Stephenson FAX TRANSMITTAL. DATE: PLEASE DEL~R THE F<2LLOWING PAGE(S) TO: NAME: 01lLJ.J1/ 16(/"I6!..-- @# NAME: @ # NAME: @# SENDER: ~k~~u~ TOTAL NUMBER OF PAGES (including cover): **IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL RE: @ (612) 452-5000. ** COMMENTS: o ORIGINAL TO FOLLOW BY MAIL. NOTICE OF CONFIDENTIALITY The information contained in and U'ansmittcd ~lh this facsimile is: 1. SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE; 2. ATrORNEY WORK PRODUCT; OR 3. CONFIDENTIAL. It is intended only for the individual or entity designate<l abQve. You are hereby notified that aoy dissemination, distribution, copying or use of or reliance upon the informatiOn contained in or transmined with this facsimile by or [0 anyone other than the. recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this fllc$imile in error, please notify CAMPBELL, KNUTSON, SCOTT & FUCHS BY TELEPHONE AT (612) 4S2-SO(XPMMEDIATELY. A1.1y facsimile erroneously transmitted to you should be immecliately returned to the sender by U.S. Mail or, if authOrization is granted by sender, destroyed. Suite 317 . Eagandale Office Center · 1380 Corporate Center Cut've · Eagan, MN 55121 ,. ;~.; CITY OF PRIOR LAKE 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 FAX # 447.4245 - TELEPHONE # (612) 447-4230 FAX COVER SHEET FAX#: flr'OO "--15 ~ ~ S<5SO DATE: 1--- 1&-17 TO: Swsan &~e FROM: \ Y/j1i0va/' - SUBJECT: 4ltn if) lard D,'v;s,'cYJ TlME: ~ .'1 MESSAGE: .5Jt~. w.e.- hall! 0/1 ap;/tCc;v/Jor> ~ r t4dfYJifl. laVlClOt-Vf.s/a-, With variOfiLe I Ihtlt i~ ClfrdviS/Dr> Wr lIe/';)htxJrha:,f Ufft7Jrol IIJ/UtJ, j s d iwe.ti DVl Cu/J' Yf alSO SeA" 5 fk O)J/lC;/ JI'J ~ i afPtd tll . , r . PiluS( 3i t!< uS judtinCt Of) hdw fD Jc?l)Ct/ly ff()C~~d - shoIJJtI we ;/U'1 +hem S1fev'aJdj} CDt1f!{}(renf'y' -bJ f/Mn/h:J Cj)YYJlJ1jSS;~r) -fir /vWl"hj J $+--01' ri5fr1 J W;f\C;/' })Orl J-S of ~ (Iltli,,) ~1 We. shoJld CD"'DJJ+ f'~ (jJVv1(J! GLVld .<fL h~ ~ t..t.:t:un1 ,-1Df/7J~cd. -rf.ut WC<S a (CCt/1f' (lrNff dt~t(. CttvJt )t>f -1{fllS) Dne ytti ~hbY hu-s be&! jf7 and i~ Ufsel cdr~~. j).JfL Number of Pages Sent (1ncluding This Page): 3 racJ.- b f(()cud 'in Ct- ~/')IWtha;t i;S o..bidin5 hy orrJ;na.nLL ond /~ u.J , flt~ call yr.e!!:blJ: -!hiS ' ~ -rlv OffliM'-ts ec-Pt:rmy wD.Ad a {YJ I,/uz. ~OLJ to (Q II h ilY) - Ii Yh (Y)D~(\;h"l\ (j) Yv,.,,>S f'Y)Oht7JC S'~s -sm. vJe- lcvK .fi.yward 10 your (~~s-e, Jl)xP 6-1-1 6-1-3 CHAPTER 1 GENERAL PROVISIONS SECTION: 6-1-1 : 6-1-2: 6-1-3: 6-1-4: Title Purpose Administrative Plat Compliance 6-1-1 : TITLE: These regulations shall be known and may be cited as the Prior Lake Subdivision Title. 6-1-2: PURPOSE: The process of dividing or subdividing land Into home sites. or parcels for other uses, is one of the most important factors in the growth of Prior Lake. Few activities have a more lasting effect upon the City's appearance, environment and general public ifT1)ression. Once the land has been subdivided and streets, homes and other general improvements completed, the basic character of this permanent addition to the community becomes firmly established. When the developer has completed the subdivision process and improvements are Installed, it becomes the City's responsibility to maintain the streets and roads and provide various other public services. As a result, the weUare of the entire community is affected in many important respects. This Chapter is therefore adopted to establish minimum standards to aid developers and the general public and to ensure that subdivisions are conceived, and designed to contribute toward an attractive, wholesome, orderly and safe community. The right to develop should nol be taken lightly. The goal is to view the development process as an obligation to contribute an attractive, stable, and safe subdivision for future owners and moreover, for the existing residents of Prior Lake. (Ord. 87-10, 8-17-87) 6-1-3: ADMINISTRATIVE LAND DIVISION: The City Manager or representa- tive may authorize subdivision approval upon finding: (A) The division will not result in more than Ihree (3) parcels. (B) The property to be subdivided was a 101 of record in the office of the County Recorder of Scott County prior to March 18, 1974, or is a lot which is part of a plat which has been legally recorded with Scott County. 58a (D) (E) ~ (F) '9 (G) -9 (H) ~1~ ~1~ (C) All newly created lots must meet the minimum standards of the Zoning District in which they are located and the resulting parcels must generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. The division will not cause any structure on the land to be in violation of the Zoning Ordinance. Any easements which may be required by the City must be granted. The owners of land contiguous to the parcel must be notified in writing and no written objection received within ten (10) days fOllowing notification. Appeals: Any written objection shall constitute an appeal. Such an objedion shall be forwarded to the City Council who shall hear the Objection and decide the matter. Prior to making a decision the Council may request the Planning Commission to review the matter and make recommendations. Variances filed with an administrative land division may be considered by the """') o,vtO~ City Council, without prior review by the Planning Commission. provided a / hearing is conducted by the City Council. (Ord. 88-23, 12-19-88) ~1~: COMPLIANCE: Except as provided in Section 6-1-3. no land shall be platted, subdivided, rearranged, developed or improVed in any way which is not in confOrmity with these regulations. All subdivisions of land hereafter submitted for approval shall fully comply, in all respects, with the regulations set forth herein. (Ord. 87-10, 8-17-87) (J) Nofi (Co W:;n"i^ rJ. ~ ptio O,*df(V\S )JOd~~) ; t"- /0 J~ ~ f\_ h _. A ~ II=' objt~ -tkrJ ~ J '.-d 6< APf""""" ~ - #-kG;" """ tk.r I\OW J SAUl" b- C8c1t4 (eftf it> P.c.. . .(1y ;" pvt 589 ~"')~\H.. t'fturt\~ -~d~ . ~~ .for ~b. ._...~. . ~ ~ t'(c._~~I"l. \) fAN" - i..'t tV ./lt~ ~J\!..~~ ~ 01' o (j) L,., ~f 19) ~ ,. / ;> ~~ ~: CITY OF PRIOR LAKE 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 FAX # 447-4245 - TELEPHONE # (612) 447-4230 FAX COVER SHEET DATE: .LJ- c?'i -17 TO: SV-lScu1 Uv.- ~U- . - ~ FROM: ~j1/{ { OJQ;y SU8JECT: N~ P/d. T1ME: 3: J S- f 15;;( - 5550 FAX #: ':J... MESSAGE: Pi' ~ Idl'),J f1-e~~ rWftW ~ Com~ 011 f/o('1d()/?S~ {JI../ <- ~ ffY-\ (Yl.(f ~ cL fJL)- . Number of Pages Sent (Including This Page): )4 . , . ;.'1 CITY OF PRIOR LAKE 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 FAX # 447-4245 - TELEPHONE # (612) 447-4230 FAX COVER SHEET DATE: S-- --{--9 7 TO: 0-1; rn (f) 0\/ n; I\.,a/YJ FROM: .-J?/7M. okvar SUBJECT: .4n~n flaij tlaf1M'1CJL FAX#: d~ /~ f385-S-9hj TIME: MESSAGE: ~ (S U. ~J 1f't(tJrf -reJdlubDrl. /Vo-hu cudr-flunS on f~SotuhlYls. ~Lb 0 ~~ ~fJ(JnS ~ ::C~ MY- iv 'fQ!.! CLpr't'Leuht)/) vY2a{Grf v.-h /,AJ~.-h {A.J~L ~~ 0; f-1---- /l-lf'~ Ce?d ~ ~ftoure ~~ Number of Pages Sent (Including This Page): )3 . !...i ..1 NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION April 21, 1997 The Prior Lake Planning Department has received an application from Gilbert and Joann Anderson (16122 Lakeside Avenue, Prior Lake, MN 55372) to consider an Administrative Land Division for the property identified on Exhibit B. The proposal is to combine the two parcels to create one lot, as shown on the attached survey reduction. The combined lot width at the Ordinary High Water (OHW) level is 71.52 feet. The Shoreland Ordinance requires lots to have lake frontage of 75 feet minimum. A 3.48 foot variance to the OHW lot width is a part of this request. Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the City Manager or representative to authorize subdivision approval without a public hearing under the following circumstances: 1. The division of the parcel will not result in more than three parcels. 2. The property to be subdivided is a lot of record in the office of the County Recorder of Scott County. 3. The resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. 4. The division will not cause any structure to be in violation of setbacks. 5. Any easements which may be required by the City must be granted. 6. The owners of the land contiguous to the parcel must be notified in writing, and no written obiection received within ten davs following notification. 7. Any written objection shall constitute an appeal. Such an objection shall be forwarded to the City Council who shall hear the objection and decide the matter. 8. Variances filed with an administrative land division may be considered by the City Council, without prior review by the Planning Commission, provided a hearing is conducted by the City Council. ' 16200 E%Y~~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245 AN EQUAL OPPORTUNITY EMPLOYER A copy of the Administrative Land Division and location map are attached. Please accept this as official notification of the proposed Administrative Land Division and Variance request. Written comments or objections regarding this matter should be submitted to the Planning Department by May 1, 1997. The City Council will hear this item on May 5, 1997. Due to the variance request, they may refer the request to the Planning Commission for input, or they may hold a public hearing and make a decision on the request. For more information, contact Jenni Tovar at 447-4230. Prepared this 21st day of April, 1997, by: Jenni Tovar Planner 97-XXXpn.doc 2 A 'i04() - ~".:;;7- II :-0 y' .(7 ::::I iJj./W' " :(u.J~ S I:~l- " :~ _ ~~1' ::.-~~~~ -- ynor u...Ke <.II?::"?. 0//3 PROPERTY LOC~TION EXHIBI A j l"- N V _CO CD I/) -"" 'Q) '10 NO) 0 11- N ....C\l 15 16 I C\l ~ , 61' :lol " (- '1~oo '-I'1"t .., '1~ , , 25 26 1 v I( Ii CD 8 'Ius 1(' 7 6/ ' 'Iz~(" I "'UQ W~~ .,~z, ' 150 ..s r:: ~i 1;J,,97 ~I ~ --- - ~ .- 307.5" /' C60 . 2::;0936 !! +1 12'YJ ~~7' i ~'f .. - - -...... "- () '60059 ; 2 " 0 .::!. I- en ,. UJ 3: 2 CERT. . 12~9 'I 51 :;~ 'tSf' 15 16 17 18 . I ;4l 12 II' .1=. _.~-- 210 '" . . 95 . 'J'r9,O '')0 '~''t.Wr'f-.5.r~ : " . f ., ~'l I"- '0 :n I- ~I ~ ?M32C" 10 '\I u=; - ~..... - .. - 1').- \/In . r=- . ~. - . - , ,,' EXHIBIT B ANDERSON PARCEL 1: (PID No. 25 096 0250) That part of Lots 41 and 42, County, Mlnnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of said Lot 41, a distance of 241.96 feet to said most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with a line drawn North 49 degrees 56 minutes 32 seconds West from the most northerly corner of Lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 degrees 08 minutes 06 seconds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30132. ANDERSON PARCEL 2: (PID No. 25 096 0260) That part of Lots 42 and 43, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of Lot 41, of said plat, a distance of 241.96 feet to the most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence northeasterly along said shoreline to its intersection with a line drawn North 63 degrees 59 minutes 41 seconds West from the most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet to the northeasterly corner of said Lot 43; thence southerly along the east line of said Lot 43, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30133.. A\ANDERSON.GIL\4\EXHIBITB.TFM DEVELOPABLE SITE AREA ~~ ll.. ;'" ~ , , -_.,t-.,,=,~=::::==~-::::::::=:-::~-:~::::::::,:=::-,,:;==--=- "'- ... ... 1( ~~~ \" '\-'-----7; 4---...,:.... ./...,,' /,:'.'" '. / '.-' ........ ,.,/~. .../ j~' '. 't'1,:,~ , ,/ / '. / ,/'" ^- / .......... /' --.... / ,.., ........, "'" /,., / / / \A . ,J "';1 \ I'J! .. -,,/< / //'. / / ,l I / / { I " I / / /i l I 70,/ // / l I / / I I I l' I I i I ,/ / /' / '''' , "- -, ( If 1'1\. ~ r' I . /1 .:..011 " 31 ~ " & ~ ~ ~ ~ ~ ,.... ~ Itj 1//,. ." "" C" , \~'"'' ,~ \'- ;:;... ~ i' .:... .~.~.~.--# '" ,:> ~""?~ \':'" V' V \ \ \ I /' .1/ / I l / / l 971 " " 251 25' /,::'~/, 4' /,,0'44, . "'(\~ l) ~ :!li. ~, ~ {l. ~, '"\. t<\' ~ l,~~ \:...,,;::::::: LOT AREA 19,668 SQ. FEET ,~~ '. LOT AREA t--.:~. ~~ ~ ' \"\~ \ ,/ /7 1/ ~,c- "''';.c '- r; ^-. L::- ,,"; /.,L/ .;;:;.:... /) /~o "\ ,'~./ /~j ,-. , ,; ~ ~,_.. .' " ,.... :B b ,.... to S ,..... ~ ~ ~ ~ .-- o J: t)d''''- i.', ,,/? V c>"/~/E ~. <., " CJ) ..../ . ~, .............. ,.,-...// ~ ~. " ,<c" ~,~ .~;c~ .-,T,/:"/,,1_ ~n~ ? '.'" --::' /' ... - -~ ---'- --_...~ .---..- ,4 ~ -...... I I l / l l / ! (/ To'l / if (l , I t I I , , 10' , , , I , I i ( >",." , ~.. . , .,; l . -"" " . " f.' - " ","..-"',/./ ~~ , 1'" . . vr ., ~"/a\ f \ \ ; I I / I I i I~ ~ ,~ -t:l. {; L"".............-:.., l ~ ,,/, ':~. /" .... ---.--"....-........ . -.----.- o v ~' ~~ /!' N J1 II 1\ I I 1', 1\ 1\ r " ~;; / ~ : /'I":.J'cJ' . A, ARLSON INC, ARLSON. ..i l.AND sUlvnolS ~4 ~, v ''\' \' " , '1 1'1 ~J ~ ~ :" ,~ I \ '\~: ,t ~', ~'I' --~ I --- -.--- -- --- I ----;r' --- --;' ~ I"J" .' _ , J, ",' \ - '- __ I' "I.. ",'t' --_ /1,,&.. \ " '\ --~.......Ii~J' . 1/"/;' ...v, '. ~IV ~I ~ _ ~_<ooe> . I (, ~,. ,~. \ ,'" ... I~I',/- M.r.:,,'~I'YYy [' 1"'-;1 _~"':>./~ ..... C."'~-:' C'.~ ~ t'~\' ".~~ /~:~~~ ~ I ~ ...~ ~ I :.. \. / ' 11~'~ /\'}~rl" '" ....-1-'~ I ~ r \ ;' "'-, ,,~~,"'_I ~ / ,.~ ~/~''1-- -'J- . .~,;/~ fit" I ---:/ )l~ G\ " I '?>;-,~_ C../f ,'V: _ roA",r"'!f~__ /,t~l'/ /~C:'i.':r4.~' -/Z<r?:___ I ~CI I ~ - _ _ - ~"'; '... "'" ---- /0 ' _ " ~\ "'" - - - I ~~. ~"l t I' 's. G' \-.~ ~ I' ~":'~ ~, I l.~ ", ,:,'Io,.;::',t:-- if ~ '';':' f , .~ " -- -: ,.? . "'''''J'~';'': '1 t:-"-:""-' , , .,"\ " ' ~j --_..~~ ~ .! ;i i:~""Ne c#,.~~, -~... e>f t.Df43 \ Ii ....... 'Ii I , ; ! I ~'.i , ""1 , , .: .!::-~] ~.'.?Z ., ..:..4~.;~ " \r.,..~/"I '" ,~, '"'(":.. 1..1.\ t" ~ \, ~ ~ "J ,. i r ~'" ~: /- ., ^~' '.... ~ll if, 'I " ~.:IJ ~ ~~ 'f ,. , 79.!71 ............. "'- ~ ~ ~ ~ 1 1 / ii 1/ ., ,. I :i il'~ III " ~ ::~ ~ "', \(', ~\ ~ I(~ ~...... .....' H< j~-NE ~..,~,. · e-fLDf4-t:. / ". '. , . " -Y~:i::: '...... ~ ~ :c:;- ~ ~ "1' .......j. :j , -<""- -:~=-. .~ ~.__.. .~ "'. ~, y '" '---------- .- ---- :'lIrvp,/ for: DAHLE BROS., INC. DESCRIPTION: That part of Lots 41 and 42, "LAKESIDE PARK", Scott County, nlnnpsota and that part of thel arpa in said plat lying bptwppn said lots and thp shoreline nf Prior Lake, described as follows: Beginning at the nnrthpasterly corner of said Lot 42; thence North 72 dpgrees 34 minutes 12 spconds W~st, assumpd bearing, along a line drawn from the northeasterly corner of said Lot 42, tn the most northerly corner of said Lot 41, a distance of 241.96 fpet to sai~ most norherly corner of said Lot 41; thence North 55 degrpPs 12' minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to Its Interspctlon with a line ~rawn North 49 ~egrees ,56 minutes 32 seconds Wesr from the most' I northerly corner of lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northprly corner of said lot 40; thence South 60 degrees 08 minutes 06 se~onds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence north- erly along the east Iln~.of sald:lot 42, to the point of beginning. Also that part of Lots 42 and 43, "lAKESIDE PARK", Scott County, Minnesota and that part of the area In said plat ly10g bptwepn said lots and the shoreline of Prior lake, described as foI lows: Beginning at. the northeasterly corner of said Lot 42; t.hence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the norheasterly corner of said Lot 42, to the m'ost northt'!rly cornt'!r of lot 41, of said plat, a dlstanc!! of 24L96, feet to the most northt'!rjy corner of said lot 41; thpnce North 55 degrees 12 minutes 51 seconds West tn the shoreline of PrIor Lake; thence northt'!asterly along said shorelint'! to its Intersection with a line drawn North 63 degrees 59 minutes 41 st'!conds West from the most northerly corner of said Lot 42; tht'!nce South 63 degrees 59 minutes 41 seconds East to tht'! most northerly corner of said Lot 42; theoce South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet'to the northt'!asterly corner of said lot 43; thence southerly along the east lint'! of said Lot 43, to tht'! point of heglnnlng. I hereby certify that this above described and of the any, from or on said land. is a true and correct representation of a survey of the boundaries of the location of all buildings, if any, thereon and all visible encroachments, Dated thIs 16th day of April, 1997. CARLSON & LAND land If kW;.:=I: -I//7/~7 ", Proposed Grades: Top of Blocks 9~ Garagt'! floor ~ Basempnt floor ~/7~ -_.........~.-_.