HomeMy WebLinkAbout96-023 Variance - Withdrew
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June 12, 1996
Thomas and Cheryl Vidmar
14300 Salem Avenue
Savage, MN 55378
Re: Case File #96-023
Dear Mr. and Mrs. Vidmar:
I received your note requesting to close out your variance application and I will do so
today. Enclosed is your $50.00 filing fee check. If you have any questions do not
hesitate to call.
Sincerely, ~
& ItUl vt (]L;\JPft~
I
Connie Carlson
Planning Dept. Secretary
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16200 ~~n'treek Ave. S.L Prior Lake, Minnes6tR"s5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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PLANNING REPORT
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4D
CONSIDER FRONT, SIDE AND LAKE SHORE
SETBACK VARIANCES FOR THOMAS AND
CHERYL VIDMAR
4307 GRAINWOOD CIRCLE
R. MICHAEL LEEK, CITY PLANNER
DONALD R. RYE, PLANNING DIRECTOR
YES --X- NO
MARCH 25, 1996
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Planning Department received a variance application from Thomas and Cheryl
Vidmar, who proposed to remove an existing cabin and construct a new house on the
subject site. Construction ofthe house would result in the following variances and
setbacks;
1. AS' front yard setback variance to permit a 20' setback instead of the required
25';
2. A 5.57' side yard setback variance to permit a side yard setback of 4.43'
instead of the required 50.5';
3. A 5.5' variance from the lake shore setback permitted under Section 9.1(D)2 to
permit a lakeshore setback of 45' instead of the required 50.5'.
DISCUSSION:
The subject site was platted as a part of GRAINWOOD PARK in 1944, prior to its being
annexed into the City of Prior Lake. Like many properties in this area the subject site
was developed with a seasonal cabin. The applicants propose to remove the cabin and
construct a new, single-family house with attached 3-car garage.
Section 9.3(D)2 permits new structures on undeveloped lots to have a lakeshore setback
equal to the average setback of the existing structures on the adjacent properties or a
setback of 50', whichever is greatest. In those cases where an existing structure is first
being removed, the City has in the past deemed the site undeveloped, and applied setback
averaging. The average of the adjacent setbacks in this case would apply, and would be
50.5'. The proposed house would be setback 55', but the proposed deck would require a
setback variance of 5.5'
16200 ~8~~~t<eWW~rs.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Section 9. 12(B)I(a)1O permits a substandard lot of record to have one 5' side yard
setback in certain circumstances. This provision does not apply in the present case
because the applicants' proposed house would encroach in other required setbacks. The
proposed side yard setback on the West is less than 5' .
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 proposed house would have 3 levels. The first level as indicated
on the attached survey would have a floor area of about 1,184 square feet. The size of the
proposed house could be reduced by 5.5' in order to comply with the lake shore setback
average. This would result in the loss of 176 square feet of area for a net area on the first
floor of 1,008 square feet. The applicant could also consider locating a deck on the West
side of the proposed house.
Similarly, the side yard setback requirement could be complied with by reducing the size
of the garage and/or shifting it somewhat to the East. This is an approach the
Commission has taken in the past. (See e.g. V A95-25, Ron and Kim Anderson) It
appears to staff that even if these steps were taken, a small front yard setback variance
might be required to accommodate both the garage and house. Because there appear to
be a number of design alternatives available to the applicants, staffhas concluded that
reasonable use of the property can be made while still complying with lakeshore and side
yard setback requirements. Thus, staff has concluded that this criterion is not met.
2. Such unnecessary hardship results because of circumstances unique to the
property.
Because staff has concluded that there is no undue or unnecessary hardship this criterion
is, de facto, not met.
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.
Any hardship results not from the application of the provisions of the Ordinance, but
from design decisions made by the applicants. Thus, this criterion is not met.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
2
9623V APC.DOC/RML
The proposed house would result in a structure not inconsistent with other houses in the
area. Thus, it does not appear that the requested variances would be contrary to the
public interest.
ALTERNATIVES:
1. Approve the variances requested by the applicants, or approve any variances the
Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
RECOMMENDATION:
Because staffhas concluded that the applicants have legal alternatives which would allow
reasonable use of the property, and thus that the Ordinance criteria are not met, staff
recommends Alternative No.3.
ACTION REQUIRED:
A motion adopting Resolution 9609PC.
9623V APC.DOC/RML
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SURVEY PREPARED FOR:
TOM VIDMAR
14300 SALEM AVE. SO.
SAVAGE. MN 55378
96-023VA
Valley Surveying CO.. P. A.
SUITE f20-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE. MINNESOTA 55372
TELEPHONE (6~2) 447 - 2570
PR fOR
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PROPERTY DESCRIPTION:
Lot 18, ~RAINWOOD PARK, Scott County, Minnesota. Also showing all visible
imp~ovements and enc~oachments onto O~ off f~om said p~ope~ty if any.
NET AREA ABOVE ELEV 9040 , 8,179 SO. FT.
PROPOSED HOUSE, GARAGE a DRIVE/IMPERVIOUS SURFACE
2,453 SQ. F T ~ 30 % COVERAGE
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60
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Rev. 3/6/96 To snow propost!'d houn for
variance request,
Rev. 2/26/96 To show sq. n.
IN
FEET
o DenotlS 1/2 inch x /4 inch iron
monu~n' s.t and mar/(ftd by
lieenn No 10/83
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II Denotes P K Na;1 nt
FILE No. 8216
BOOK ~PAGE~__
RESOLUTION 9609PC
A RESOLUTION DENYING A REQUEST FOR LAKE SHORE, FRONT AND SIDE
YARD SETBACK VARIANCES BY THOMAS AND CHERYL VIDMAR IN
CONNECTION WITH A PROPOSED NEW HOUSE ON PROPERTY LOCATED IN
THE RI-URBAN RESIDENTIAL ZONING DISTRICT AND SD-SHORELAND
DISTRICT AT 4307 GRAINWOOD CIRCLE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Thomas and Cheryl Vidmar have applied for variances from Section 4 and 9 of
the Zoning Ordinance in order to permit the construction of a new house on
property located in the RI-Urban Residential zoning district and the SD-
Shoreland District at the following location, to wit;
4307 Grainwood Circle, legally described as Lot 18, GRAINWOOD
PARK, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-023V A and held a hearing thereon on March 25, 1996.
3. The Board of Adjustment has considered the effect of the proposed variances
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 variances on the Comprehensive Plan.
4. The request does not meet the Ordinance criteria, in that the applicants have legal
alternatives to make reasonable use of the property.
5. The granting of the variance is not necessary for the preservation and enjoyment
of a substantial property right of the applicant. The variance would serve merely
as a convenience to the applicant, but is not necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-023V A are hereby entered into and made a part
of the public record and the record of decision for this case.
16200 ~8~~~<(!?2WN-k. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variances.
Adopted by the Board of Adjustment on March 25, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9609PC.DOC/RML
2
Kuykendall:
This is an improvement and compliment applicant on existing structure. Supportive.
MOTION BY LOFTUS, SECOND BY CRIEGO TO APPROVE RESOLUTION 96-
07PC.
Vote taken signified ayes by Loftus, Criego, Wuellner and Kuykendall. MOTION
PASSED.
A recess was called at 8:26 p.m. The meeting reconvened at 8:32 p.m.
4.D 96-023 - REQUEST FOR VARIANCES BY THOMAS AND CHERYL
VIDMAR, FOR PROPERTY AT 4307 GRAINWOOD CIRCLE.
The Planning Department received a variance application from Thomas and Cheryl
Vidmar, who proposed to remove an existing cabin and construct a new house on the
subject site. Construction of the house would result in the following variances and
setbacks;
1. A 5' front yard setback variance to permit a 20' setback instead of the required
25';
2. A 5.57' side yard setback variance to permit a side yard setback of 4.43'
instead of the required 50.5';
3. A 5.5' variance from the lake shore setback permitted under Section 9.1(D)2 to
permit a lake shore setback of 45' instead of the required 50.5'.
Michael Leek presented the Staff Report dated March 25, 1996 with a recommendation of
denial based on the lack of hardship and the fact the applicants have legal alternatives
which would allow reasonable use of the property.
Thomas Vidmar, 14300 Salem Avenue South, Savage, stated they are proposing a change
in plans. The home was designed in what he considers "in the spirit" of the
neighborhood. He feels the deck size is not oversized for the home. It is three feet in
front of his neighbor's home. Mr. Vidmar also feels his home design is comfortable for a
growing family. Mr. Vidmar said they would like to shrink the garage down to a 10 foot
third stall which would bring it up to a six and one half foot side yard setback. There is
24 feet from the garage door to the street. He does not think they overstepped their
bounds for what they want to do and are open to suggestions.
Comments from Commissioners:
Wuellner:
MN032596.DOC
PAGES
· Distance from garage to street. Leek explained the measurement is from the property
to the right-of-way line. It is 20 feet from the right-of-way line. In this case the right-
of-way is narrow compared to what would be done today.
· Appreciate the property owner is willing to deal with the width of the third stall. The
Commission has granted 5 foot side yard variances in the past.
Mr. Vidmar presented a new plan to the Planning Commission. The staff had not seen
the plan before and could not verify the dimensions.
Criego:
· The neighbor's setback is around 20 feet.
· The front yard setback is okay from the garage to the street; would rather give that up
than the lakeshore variance because it is consistent with the neighbor's variances.
· Concern lies in the side yard. There is plenty of room to bring back to 10 feet.
· A three car garage is nice but not necessary.
· Supportive of the lake shore and road side variances.
Loftus:
· Agree with comments by Commissioner Criego.
· Neighboring Lot 17 had a smaller building envelop.
· A three car garage is not a hardship.
· Stay within the ordinance guidelines.
· Supportive of the street variance and a small deviation to the deck.
Kuykendall:
· Applicant proposing a three level home with a total floor area of approximately 3,400
sq. feet.
· Neighbors (Lot 17) proposed a three car garage and ended up with a two and one-half
car garage.
· There was no hardship on the side yard variance.
· Difficulty finding a hardship on the 20 foot street side.
· Mr. Vidmar said their plan has been considerably down sized to get an impervious
surface coverage of 30%.
Criego:
· The applicant has tried to reduce the impervious surface by building three levels.
Kuykendall:
· The neighborhood is unique and is the only hardship.
· Leek said there had been one or two constructions in the area that were less than 20
feet. Probably around 18 feet.
· Support front yard setback.
· No lakeshore setback - only for a suspended deck.
MN032596.DOC
PAGE 9
..
Loftus:
Suggestion to the applicant to get a new design and review with staff.
Leek said staff s recommendation would be the same with a two car garage.
Wuellner:
Applicant has to work within the building envelop. A two and one-half garage is
reasonable and it is not a hardship to want a three car garage.
MOTION BY LOFTUS, SECOND BY WUELLNER TO CONTINUE THE REQUEST
TO APRIL 22, 1996.
Vote taken signified ayes by Loftus, Wuellner, Criego and Kuykendall. MOTION
PASSED.
Commissioner Criego requested staff to look into a comment made regarding the
neighbor who did not follow the setback requirement. Leek said he would check into the
matter and report back.
4.E 96-017 - VARIANCE REQUEST BY GENE AND COLEEN TREMAINE FOR
PROPERTY AT 16500 INGUADONA BEACH CIRCLE.
The Planning Department received a variance application from Gene and Coleen
Tremaine, who propose to construct a new house on the subject site. Construction of the
house would result in the following variances and setbacks;
1. A 2,302 square foot variance to permit a lot area of 5, 198 square feet instead
of the required 7,500 square feet;
2. A 2 foot lake shore setback variance to permit a lakeshore setback of 48 feet
instead of the 50 feet permitted under Section 9.3(D)2;
3. A 7% variance to permit impervious surface coverage of 37% instead of the
permitted 30%
4. A 14 foot variance to permit a front yard setback of 11 feet instead of the
required 25 feet; and
5. A 2 foot variance on the West to permit a side yard setback of 8 feet instead of
the required 10 feet.
Michael Leek presented the Staff Report dated March 25, 1996 with a recommendation to
approve the requested variances. Staff concluded the hardship criteria were met with
respect to the lot area, impervious surface coverage, and perhaps front yard setback, but
not with respect to the requested lake shore and side yard setback variances. Staff
recommended the request be tabled to allow applicant to consider alternative designs. Pat
Lynch of the DNR faxed a minor modification of the deck which was consistent with
staff s recommendation.
MN032596.DOC
PAGEIO
June 4, 1996
Mr. Thomas Vidmar
14300 Salem Ave. So.
Savage, MN 55378
Dear Torn:
Could you please send a letter to the Planning Office withdrawing your request for
variance so that we may close out the file and return the $50.00 recording fee to you.
As this is my last day with the City of Prior Lake, any questions you might have in the
future can be directed to either the Planning Director, Don Rye, or the department
secretary, Connie Carlson.
V ery ~Jy yours,
~j.</b~~~~
R. Michael Leek
Associate Planner
cc. File 96-023V A
16200 E'J~r~e~~~.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
March 18, 1996
Thomas and Cheryl Vidmar
14300 Salem Ave. S.
Savage, Minnesota 55378
Dear Mr. and Mrs. Vidmar:
This letter is to inform you that your March 12, 1996, application for a variance to
construct a new house on property located at 4307 Grainwood Circle in Prior Lake has
been reviewed by the City's Planning office, and has been found to be complete. The
request will be scheduled for hearing before the Planning Commission on March 25,
1996. You will also receive a copy of the staff report which will be prepared during this
week.
Should I or other Planning staff have additional questions or concerns we will be in touch
with you as soon as possible. Should you have any questions feel free to call me at any
time.
Very truly yours,
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R. Michael Leek
Associate Planner
cc. File 96-023V A
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOTICE OF HEARING FOR;
1. A 5 FOOT FRONT YARD SETBACK VARIANCE TO PERMIT A 20 FOOT
SETBACK INSTEAD OF THE REQUIRED 25 FEET;
2. A 5.57 FOOT SIDE YARD SETBACK VARIANCE ON THE WEST TO
PERMIT A SIDE YARD SETBACK OF 4.43 FEET INSTEAD OF THE
REQUIRED 10 FEET; AND
3. A 5.5 FOOT VARIANCE FROM THE LAKE SHORE SETBACK
PERMITTED UNDER SECTION 9.1(D)2 TO PERMIT A LAKESHORE
SETBACK OF 45 FEET TO A PROPOSED DECK INSTEAD OF THE
REQUIRED 50.5 FEET;
THE ABOVE-LISTED VARIANCES RELATING TO THE PROPOSED
CONSTRUCTION OF A NEW HOUSE LOCATED IN THE RI-SUBURBAN
RESIDENTIAL AND SD-SHORELAND ZONING DISTRICTS.
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the
intersection of C.R. 21 and Fish Point Road), on: Monday, March 25, 1996, at 7:00
p.m. or as soon thereafter as possible.
APPLICANTS: Thomas and Cheryl Vidmar
14300 Salem Ave. S.
Savage, Minnesota
SUBJECT SITE: 4307 Grainwood, legally description as Lot 18, Grainwood Park,
Scott County, Minnesota.
REQUEST: The applicants propose the construction of a new house with
attached garage as shown on the attached survey reduction.
The Planning Commission will review the proposed construction and requested variance
against the following criteria found in the Zoning Ordinance.
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
2. Such unnecessary hardship results because of circumstances unique to the
9623V APN.DOC 1
16200 ~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
property.
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.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prior Lake Planning Commission
Date Mailed: March 14, 1996.
2
9623V APN .DOC
RML
DNR METRO REGION
TEL:612-772-7977
Mar 20,96
10:47 No.003 P.Ol
Project Review Worksheet
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DNR. - Division of Waters I Metro Region
Project Name 7l~ ( C4~ ~~cr ~ IIdI"l4'w"e., 11U!.T'
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Yes No Yes No
Floodplain a a Shrnland ... 0
(M.S. I03F. 10l) (M.S.103F.20J)
Yes No Yes No
Protccited Waters 0 0 Watl:t Appropriation 0 0
<M.S. I 030..245) CM.S.I03G.2SS)
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KOHLRUSCH
SCOTT/CARVER ABSTRACT CO., INC.
128 West 3rd Avenue
P.O. Box 355
Shakopee, Minnesota 55379
REPRESENTING:
rra Commonwealth
~ Land Title Insurance Company
~~~~~l::::(~~tM~ffi~H:g~::::::~:::::~~:~~:::~::::~:::::::::::~:::::::~:~::~:::~'::::~":::~~::::::::::':::':'~::::~:::::::r:::::::::::::::::::::~~::::::::::::::::t~~~~:~::::~:::::::::::::~::~:::~::::::::::::::::::::::::::::::::::::::::::r::::rrr::::::::::::::::::::::rr:rr:::::::::::::t::::t::tm!r::~~:~Jl::&t$mi~~
According to the records of the BRC Tax System in the Office of the County Treasurer, Scott
County, Minnesota, the following is a list of primary tax payers of property lying within 100
feet of the following described property:
Lot 18, Grainwood Park, according to the plat thereof on file and of record in the
Office of the County Recorder, SCOTT County, Minnesota.
Kenneth D. & Barbara K. Larson
5420 Southwood Drive
Bloomington, MN 55437
Mark A. Roepke
4300 Grainwood Circle
Prior Lake, MN 55372
John R. & June L. Casanova
4295 Grainwood Circle
Prior Lake, MN 55372
James A. & Robin R. Riccioli
4290 Grainwood Circle
Prior Lake, MN 55372
Greatland Homes Corp.
2051 Killebrew Drive #105
Bloomington, MN 55425
Michael E. & Cheryle Theisen
4310 Grainwood Circle
Prior Lake, MN 55372
Thomas S. & Cheryl M. Vidmar
14300 Salem Ave. S.
Savage, MN 55378
Robert C. & Shirley A. Thielen
15609 Calmut A v. NE
Prior Lake, MN ,55372
Craig A. & Cynthia Hinz
4313 Grainwood Circle
Prior Lake, MN 55372
Michael J. & Toby Ellen Finley
4131 Eau Claire Tr. NE
Prior Lake, MN 55372
Joey D. Frechette
4280 Grainwood Circle N.E.
Prior Lake, MN 55372
'D"NL
DATED:
March 6, 1996 at 8:00 a.m.
KOHLRUSCH SCOTT/CARVER ABSTRACT CO., INC.
File No. S-3721
NOTE:
This search was prepared with due diligence and every effort was made to ensure the accuracy of this
search, however, Kohlrusch Scott/Carver Abstract Co., Inc. accepts no liability for errors and/or
omissions herein.
96-023VA
SURVEY PREPARED FOR:
TOM VIDMAR
/4300 SALEM AVE. SO.
SAVAGE, MN. 55378
Valley Surveying Co., F!A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (6/2) 447-2570
~
.Do"
PRIOR
Cl. 90 LAkE
10 2.20
/ .3 /95
~HORELIIYE
\
DECK
'.c)
\--'
)
,,0.00 ";/
~~~
EXISTING
HOUSE
NOTE: CABI N TO
BE REMOVED
\
~~
000
~\~~
G~~
PROPERTY DESCRIPTION:
Lot 18, GRAINWOOD PARK, Scott County, Minnesota. Also showing all visible
improvements and encroachments onto or off from said property if any.
NET AREA ABOVE ELEV. 904.0 = a,179 SQ. FT.
PROPOSED HOUSE, GARAGE a DRIVE / IMPERVIOUS SURFACE = 2,453 SQ. FT. = 30 % COVERAGE.
Rev. 3/6/96 To MOW proposed hoUH for
variance request.
Rev. 2/26/96 To show sq. ft.
o
\
SCALE
30
IN
60
I
FEET
o Denotes 1/2 inch x 14 inch iron
monument Nt and morlced by
license No 10/83
. Denotes iron monument found
~ Denotes P K. Nail set
FILE No. 8216
BOOK 213
PAGE ~_