HomeMy WebLinkAbout96-040 Smith Variance
. .
File No. 96-040 Variance
STATE OF MINNESOTA)
)88.
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 96-22PC
Dated this?xr~ay of
on file in the office of the City Planner, City of Prior Lake.
.--
,1996.
374840
Doc.
OFFICE OF THE COUNTY RECORDER (""'tJ
SCOTT COUNTY. MDINESOTA t ~
Certified Filed and or Ree ded on /7 fj
/1-;.
by
Deputy
16200 ~~fPC'rm&Ave. S.E., Prior Lake, Minnesota 3'5~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 9622PC
A RESOLUTIONAPPROVING A REQUEST FOR THE FOLLOWING VARIANCE
1. AN 18 FOOT VARIANCE TO PERMIT A 67 FOOT SETBACK FROM
THE CENTERLINE OF SPRING LAKE ROAD RATHER THAN THE
REQUIRED 85 FEET;
ALL RELATED TO A PROPOSAL TO CONSTRUCT A GARAGE ON PROPERTY
LOCATED AT 2590 SPRING LAKE ROAD.
BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota;
FINDINGS
1. David Smith has applied for a variance from Section 9 of the Zoning
Ordinance in order to permit the construction of an attached garage on
property located in the RI-Suburban Residential zoning district and the SD-
Shore land District at the following location, to wit;
2950 Spring Lake Road, legally described as Lots 27 and 28,
BUTTERNUT BEACH, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-040V A and held a hearing thereon on June 10, 1996.
3. The Board of Adjustment 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 variances on the Comprehensive Plan.
4. The request meets the Ordinance criteria, in that reasonable use of the property
cannot be made without the requested variance.
5. The granting of the variances is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances would not serve merely
as a convenience to the applicant but is necessary to alleviate demonstrable
haedship.
16200 ~g~1~CC?-~~{PJ\ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~ .
6. The contents of Planning Case 96-040V A are hereby entered into and made a part
of the public record and the record of decision for this case
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
requested variance.
Adopted by the Board of Adjustment on June24, 1996.
(A\rE.S S'~:
~IJ
Donald R. ye,
~
Richard Kuy en
9622PC.DOC/DR
2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4.E
Consider variances for David Smith
2950 Spring Lake Rd.lCo. Rd. 12
Donald R. Rye, Planning Director
YES ..L NO
June 10, 1996
INTRODUCTION:
The Planning Department received a variance application from Mr. David Smith. Mr.
Smith wishes to construct a new, attached garage as shown on the attached survey. The
proposed garage measures 24' x 30' and would require the following variances;
1. An 18 foot variance to permit a 67 foot setback from the centerline of Spring
Lake Road rather than the required 85 feet;
2. A 5 foot variance to permit a rear yard setback of 20 feet instead of the
required 25 feet.
At the time it was originally submitted, the applicant was also requesting a side yard
setback variance. Since the submission, Ordinance 96-12, permitting one side yard
setback of 5 feet on substandard lots has taken effect. Because the subject site is a
substandard lot, the applicant may thus have one side yard setback down to 5 feet.
DISCUSSION:
The subject property is zoned R1-Suburban Residential and is located in the SD-
Shoreland District. The subject property was originally platted as a part of Butternut
Beach, which was platted in 1926. The property is currently developed with a house with
attached garage. The legal building envelope on the property which results from the
applicable front and rear yard setbacks is about 8 feet deep.
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. It also goes to whether the applicant has legal alternatives to
accomplish to the requested variance. Arguably, Mr. Smith currently has reasonable use
16200 ~g~~~g~-&.~~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
of the property with the existing house and garage. Moreover, Mr. Smith also has
alternatives for the expansion of the garage which would limit the magnitude of the
variances required. Specifically, a garage addition measuring 24' x 26' could be
constructed, which would eliminate the need for a rear yard setback variance.
2. Such unnecessary hardship results because of circumstances unique to the
property.
Because staff has concluded that reasonable use exists, there is no unnecessary hardship.
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 which exists results from the Mr. Smith's desire to have an oversized 3-car
garage and not from the provisions of the City's Zoning Ordinance.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The intent of the Ordinance is to insure reasonable use of property which conforms with
at least the minimum standards set by the community in its Ordinance. In some measure
this means that the level of development of any parcel of land is dependent on its
particular characteristics, and that any parcel should not be overdeveloped. The proposed
project does not meet this intent, in that it provides perhaps more development than
should reasonable be accommodated on the subject site.
ALTERNATIVES:
1. Approve the variances requested by the applicant, 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 Ordinance criteria.
RECOMMENDATION:
Because staff has concluded that the request does not meet the Ordinance criteria, staff
recommends Alternative No.3, denial.
ACTION REQUIRED:
A motion adopting Resolution 96-22 PC denying the applicant's request for variance.
9640V APC.DOC/CC
2
RESOLUTION 9622PC
A RESOLUTION DENYING A REQUEST FOR THE FOLLOWING VARIANCES;
1. AN 18 FOOT VARIANCE TO PERMIT A 67 FOOT SETBACK FROM
THE CENTERLINE OF SPRING LAKE ROAD RATHER THAN THE
REQUIRED 85 FEET;
2. A 5 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF 20
FEET INSTEAD OF THE REQUIRED 25 FEET;
ALL RELATED TO A PROPOSAL TO CONSTRUCT A GARAGE ON THE
PROPERTY LOCATED AT 2590 SPRING LAKE ROAD.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. David Smith has applied for a variance from Section 9 of the Zoning
Ordinance in order to permit the construction of an attached garage on
property located in the RI-Suburban Residential zoning district and the SD-
Shoreland District at the following location, to wit;
2950 Spring Lake Road, legally described as Lots 27 and 28,
BUTTERNUT BEACH, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-040V A and held a hearing thereon on June 10, 1996.
3. The Board of Adjustment 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 variances on the Comprehensive Plan.
4. The request does not meet the Ordinance criteria, in that reasonable use of the
property currently exists and alternatives exist for placing a garage on the
property which would require fewer or lesser variances
16200 ~grfl~C(9~me. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. The granting of the variances is not necessary for the preservation and enjoyment
of a substantial property right of the applicant. The variances would serve merely
as a convenience to the applicant, but are not necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-040V A are hereby entered into and made a part
of the public record and the record of decision for this case
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variances.
Adopted by the Board of Adjustment on June 10, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9622PC.DOCIRML
2
Planning Case File No. 3b.... OW
Property Identification No..:x-/31 '0'7 -0
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
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
(2) Variance
Applicable Ordinance Section(s):
Applicant(s):
Address:
Home Phone:
Dave Smith
2590 Spring La]{e Rd, Shakopee Mn 55379
445-9312 Work Phone: 445-9312
Property Owner(s) [If different from Applicants]:
Address:
Home Phone:
Type of Ownership:
::XC'
A.ff:;v~
I ~ r,..
..54~
Work Phone:
Fee _ Contract for Deed _ Purchase Agreement
x
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
Lots 27-28 Butternut Beach
To the best of my knowledge the information procided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications will not be process uot deemed complete by the Planning Director or assignee.
,
7'-C:<6-~b
Date
J~"L A /1dVc-'
Fee Owner's Signature
Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDlTIONS:
Signature of Planning Director or Designee
Date
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COUNTY
( SPRING
ROAD NO. 12
LAKE ROAD)
1: 13'1:
,,)...92:1'8)
PROP~RTY DeSCRIPTION
Area oE house and ga~age 1496 sq. E l .
Area of concr-ete drive 534 sq. E l .
Total ,j to) 4 8 sq. ft.
Lots 27 & 28
'BUTTERNUT BEACH"
Acco~ding to the ~eco~ded plat the~eoE
Scott County, Minnesota
Impervi0us areas as a percentage
of the Lot area.
23.47~
0 Denotes iron monument set
. De.notes iron monument found
.Denotes concrete slab
(921.817) Denotes existing spot elevation
[ ] Denotes proposed elevation
~
-N
~
BENCHMARK
SCALE
I
o 10
IN
FEET
I
I/o
Spike in power pole located in the
no~thwest quad~ant of No~thwood
Road and Spring Lake Road
Elevation 922.45 N.G.V.D.
'2.0
1<1243 Mitoka Circle N.E.
Prior Lake, Minne~ota 5~372
012.441.9114
I hereby certify th~t this survey, plan or report
was prepared by me or tinder my direct supervision
and that I am a duly Re~ist.red Land Surveyor
under the laws of th~ State of Minnesota.
JamffA.~e~~..
Date _I"RIL 19, 1 '1'lb Reg. No. 7095
BOERHA VE LAND SURVEYING, INC.
NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES;
1. AN 18 FOOT VARIANCE TO PERMIT A 67 FOOT SETBACK FROM
THE CENTERLINE OF SPRING LAKE ROAD RATHER THAN THE
REQUIRED 85 FEET;
2. A 5 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF 20
FEET INSTEAD OF THE REQUIRED 25 FEET;
FOR THE CONSTRUCTION OF AN ATTACHED GARAGE ON PROPERTY
LOCATED IN THE RI-SUBURBAN RESIDENTIAL DISTRICT
AND THE SD-SHORELAND DISTRICT IDENTIFIED AS
2590 SPRING LAKE ROAD
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 ofC.R. 21 and Fish Point Road), on: Monday, June 10, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT: David Smith
2950 Spring Lake Road
Shakopee, Minnesota 55379
SUBJECT SITE: Lots 27 and 28, BUTTERNUT BEACH, Scott County, Minnesota.
REQUEST: The applicant proposes the construction of a 24' x 30' attached
garage which would result in the setbacks described above as well
as a 5' setback from the East as permitted under Ordinance 96-12.
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
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.
16200 e'aW~-~reekAve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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: May 30, 1996
VA95-12
2
(1
~...:
,~
. Berming an option? Mr. Ernst said the grades would not work.
Wuellner:
. The applicant has done a good job proposing an acceptable screen. Supportive.
Criego:
. Mr. Ernst explained the winter landscape scene. Salt is a problem for the trees. Once
an evergreen is damaged it will not come back.
. Possibility of putting a vine on the south fence? Mr. Ernst said there would not be
enough irrigation. Mr. Kaul said they have strict regulations to follow with screens.
MOTION BY LOFTUS, SECOND BY WUELLNER, TO ACT FA VORABL YON
THE REQUEST FOR VARIANCE AND ADOPT RESOLUTION 96-19PC.
Discussion: Some type of screen should be on the fence; It will take a long time for the
trees to mature; Maintenance has not been a problem on this site; The substation has
been there for 30 years; Possible tennis court green screening; and a vine will not work.
Vote taken signified ayes by Criego, Wuellner, Loftus, nay by V onhof. MOTION
CARRIED.
CASE #96-040 VARIANCE REQUEST FROM DAVE SMITH FOR AN 18 FOOT
VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF
-
SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET; AND A 5 FOOT
VARIANCE TO PERMIT A REAR YARD SETBACK OF 20 FEET INSTEAD OF
THE REQUIRED 25 FEET; FOR THE CONSTRUCTION OF AN ATTACHED
GARAGE ON PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL
DISTRICT AND THE SD-SHORELAND DISTRICT IDENTIFIED AS 2590 SPRING
LAKE ROAD.
Don Rye presented the information from the Planning Report dated June 10, 1996. Staff
recommendation is to deny the application due to the lack of demonstrated hardship.
Applicant has legal alternatives to construct the additional garage.
Comments from the public:
Dave Smith, 2590 Spring Lake Road, said he bought the property in March. It was a
HUD home and Mr. Smith has spent $13,000 remodeling the interior. He re-roofed the
home, fixed up the yard and would like to add a garage and brick the front. Mr. Smith
feels he is enhancing the property. He will go with a smaller 24 x 26 foot garage and ask
for a 18 foot front yard setback variance.
Vice Chair Criego entered a letter of opposition from his neighbor, Roger Gaustad.
MN061096.DOC
PAGE 6
)
Comments from Commissioners:
Criego:
. Impervious surface is not an issue.
· Applicant has improved the property and supports the request.
Loftus:
. It seems like a lot of garage. (Applicant explained proposal.)
. The neighbor feels there has been encroaching on his property.
. Suggested to build a smaller garage.
V onhof:
. Asked Mr. Smith if it was his abandon property on the neighbor's lot. Smith stated it
was not. It was there when he bought the property and he would like it cleaned up as
well.
. The 5' side yard setback is not an issue.
. All of the neighbors' house site lines are the same. No objection to the front setback.
. Cannot approve the back yard setback.
Wuellner:
. The overhang is permitted. The construction proposal meets the city requirements.
. Not supportive of backyard setback. Applicant does not need to go past the rear of
the house.
. Applicant does have limited options. Justified the 5' side yard.
. Supportive of front yard setback.
Criego:
. Supportive of front and not back yard setback.
MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE AN 18 FOOT
VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF
SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET RECOGNIZING
THE FOUR VARIANCE HARDSHIP CRITERIA HAVE BEEN MET.
Discussion: Direct staff to prepare a Resolution for the motion. Applicant does not need
the additional requested variance.
Vote taken signified ayes by Vonhof, Loftus, Wuellner and Criego. MOTION
CARRIED.
CASE #96-048 VARIANCE REQUEST BY MICHAEL AND KATHLEEN
SORENSON FOR A 10 FOOT VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 15 FEET INSTEAD OF THE REQUIRED 25 FEET FOR THE
CONSTRUCTION OF A DECK AND SCREENED PORCH; ON PROPERTY
MN06I096.DOC
PAGE 7
September 12, 1996
Dave Smith
2590 Spring Lake Road
Shakopee, MN 55379
RE: Garage Addition Permit and Survey
Dear Mr. Smith:
I left a message for you today, but I also wanted to follow up with a letter. The
certificate of survey you submitted for the garage addition you propose shows a rear
yard setback of 24 feet. As you might recall. the only variance approved by the
Planning Commission for this garage addition was to allow a reduced front yard setback.
The rear yard setback for this garage must be at least 25 feet from the rear lot line. In
your case, this can be accomplished by building a 22' by 25' garage instead of the 22'
by 26' garage you propose.
Before we will proceed with the building permit, you must revise the certificate of survey
to show the minimum 25' setback. Once we receive a revise survey, we will begin the
permit review process.
If you have any questions about the surveyor the setback, please contact me at 447-
4230. If you have specific questions about the building permit, please contact the
Building Inspections Department at 447-4230.
J::)). ~
(J~e A. K";n~ier, AICP
Planning Coordinator
c: Gary Staber, Building Official
9604Ovalsmith912.doc
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORT\JNITY E'vlPLOYER
June 28, 1996
Scott County Recorder's Office
428 South Holmes Street
Shakopee,~ 55379
Enclosed for filing are true and correct copies of variance Resolutions listed below.
Please send your statement with the recorded documents to my attention.
Michael Sorenson
Dave Smith
Robert Ostdiek
Richard & Julie Warner
Resolution 9623PC
Resolution 9622PC
Resolution 9617PC
Resolution 9607PC
Thank you.
c~~~ ~~
Planning Dept. Secretary
enc.
16200 ta<gj!'fefeek Ave. S.E., Prior Lake, Minnesotcf~5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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CITY OF PRIOR LAKE
16200 EAGLE CREEK AVENUE SE PRIORLAKE 1\"",,,T -
, , lUl'l 5~372
Date:
Number 0 pa es including cover sheet: " l::)
To: D
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City of Prior Lake
Phone:
Phone:
(612)447-4230
(612)447-4245
Fax phone:
11J-7~ll
Fax phone:
cc:
REMARKS: 0 Urgent 0 For your review 0 Reply ASAP
t~ ~ 0 Please comment
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JUN-07-1996 11:54
City of P~ior lake
Pl~~nin9 CQmmis~ion
Pt~ i!:!r Lake, Mn.
6/6/96
Roger Ga.ustad
17320 32nd Ave. No
Plymouth, Mn. 5~447
Dear Planning Commission Members;
This letter is written to register ~ ~orm~l protest to the request tor
va~iance for purposes of g~rage construction related to Lets 27
and 28, Butternut Beach, Prior Lak~; owner David Smith.
This variance would resu7t in a 5 foot s~tba~k of st~ucture rather
tha.n 11) foot, from adjacent Lot 29, Butter'nut Beach, Prior lake ~ owner
R0ger Gau$tad.
After re~ent site visits to Lot 29 to analyze the imp~ct of this
proposed variance we have specifically not~d tha.t David Smith is
currently encro~ching on our property via storage of construction
materials, d@bris, barrel~, flrewood,and at times in the past a
fishing boat ~nd fish house. These it~ms are stored on Lot 29, yet are
property of Mr. Smith. As a r~5ult of these con~@rn5 hi$tori~~lly and
currently {insp@~tion 6/3/96) I strongly protest the above varican~~
request and feel it would r~$ult in furthering Mr. Smith's
encroachment of my property, Lot 29, Butternut Beac:h, Prior lake.
In addition, it is my belief that this vari~nce reqUEst would
afTEct the real estate value of Lot 29 making it less attra~tive to
potenti~l buyers and developers and thereby creating a ne9~tive
flnailc:ial impact.
rhilnk YOll Tor c::onsideration of this protest. If YOLl haVE further
questions please do not hesitate to contact me at 475-4295 (work l
Clr 4.76-6265 (home).
Sincerely,
R. '1~ :1. G~ S-hffJ
R09ar L. Gaustad
P.01/01
TOTAL P.01
May 23, 1996
Mr. Dave Smith
2590 Spring Lake Rd.
Prior Lake, Minnesota 55372
Dear Mr. Smith:
A public notice placing your request on the Planning Commission agenda for May 28,
1996, was prepared, but, apparently in error, not sent. For that reason I have had to pull
your request from the May 28 agenda and reschedule the hearing to June 10, 1996. I
sincerely apologize for this oversight and any inconvenience that it may cause you.
Should you have any questions feel free to call me.
Very truJr yours,
,~/' ~
~~ a ",/"
-:/ / 4d~ " ....~
" ,"/
R. Michael Leek
Associate Planner/Acting Assistant Planner
cc. File 96-040V A
SMITII523.DOC 1
16200 ~re Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
May 3, 1996
Mr. Dave Smith
2590 Spring Lake Rd.
Prior Lake, Minnesota 55372
Dear Mr. Smith:
This letter is to inform you that your application dated April 26, 1996, for a variance to
construct an attached 24' x 30' garage on your property located at the address listed
above in Prior Lake has been reviewed by the City's Planning office, and has been found
to be complete. Because the April 22, 1996, Planning Commission meeting could not be
held, the large number of items on that agenda had to be continued to the meeting
scheduled for May 13, 1996. For that reason, your request could not be scheduled for
May 13, 1996, but instead will be heard on Tuesday, May 28, 1996 (the day after the
Memorial Day holiday). A notice regarding the hearing will be sent out. You will be
receiving a copy of this notice. You will also receive a copy of the staff report which will
be prepared during the week of May 20, 1996.
Should lor other Planning staffhave 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.
V ery ~y YO':!fs,
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7/ /- ??~.kot..o~_ _LLd
R. Michael Leek
Associate Planner/Acting Assistant Planner
cc. File 96-040V A
9640V ACL.DOC 1
16200 ~ Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
whose address and/or legal description is
the sum of Yilt ~~~~~/
for the purpose of
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Received of
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RECEIPT
No 27654
DATE~ 2i.: / q/:;
CITY OF
PRIOR LAKE
4629 DAKOTA STREET S,E., PRIOR LAKE, MN 55372
~~v
dollars
$
/'1:;: tJlJ
Reference Invoice No.
(j (LltLi
NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379
David Moonen and Dale Kutter
Telephone: (612) 445-6246
FAX: (612) 445-0229
April 23, 1996
Dave Smith
2590 Spring Lake Road
Shakopee, MN 55379
To whom it may concern:
According to the 1996 tax records in the Scott County Treasurer's office,
the following persons are listed as the owners of the property which lies
within 100 feet of the following described property:
Lots 27 & 28, Butternut Beach, according to the recorded plat thereof on
file and of record in the Office of the County Recorder in and for Scott
County, Minnesota.
SCOTT COUNTY ADMINISTRATOR
COURTHOUSE ROOM 110
428 HOLMES ST S
SHAKOPEE MN 55379
MARCY J THOMAS
2566 SPRING LAKE RD SW
SHAKOPEE MN 55379
CAROLYN K PRIDE
2567 SPRING LAKE RD
SHAKOPEE MN 55379
JEFFREY & JULIE BUCHTEL
2576 SPRING LAKE RD SW
SHAKOPEE MN 55379
JAMES E FEENEY
2567 SPRING LAKE RD
SHAKOPEE MN 55379
ROGER L & ROBIN GAUSTAD
17320 32ND AVE NO
PLYMOUTH MN 55441
JAMES & ELIZABETH WENINGER
2591 SPRING LAKE RD SW
SHAKOPEE MN 55379
sc~~ 1
State of Minnesota 'l
t.~~::' ~..'
R KATHLEEN MORRIS
2615 SPRING LAKE RD SW
SHAKOPEE MN 55379
ELMER J & DELLA A KLINGBERG
4585 PLEASANT ST SE
PRIOR LAKE MN 55372
SCOTT COUNTY ABSTRACT AND TITLE, INC.
fry {{I~
David E. Moonen
President
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
CERTIFICATE OF SURVEY
101. 70
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DECItUS
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COllNTY
( SPRING
ROAD NO. 12
LAKE ROAD)
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PROPRRTY DESCRIPTION
Area of existing house & garage 1496 sq. ft.
Area of concrete drive after
removal of 4 feet of width 474 sq. ft.
Area of proposed garage 624 sq. ft.
Total impervious area 2596 sq. ft.
Total lot area 8648 sq. ft.
Impervious areas as a percentage
of the lot area. 30%
Lots 27 & 28
'BUTTERNUT BEACH"
According to the recorded plat thereof
Scott County, Minnesota
0 Denotes lron monument set
. Denotes lron monument found
. .. '. ,\ . -N
-- " concrete slab
A - ., Denotes
( 92/. 80) Denot.es existing spot elevation
[ J Denotes proposed elevation
BENCHMARK
SCALE
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FEET
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40
Spike in power pole located in the
northwest quadrant of Northwood
Road and Spring Lake Road
Elevation 922.45 N.G.V.D.
BOERHA VE LAND SURVEYING, IN
SE,P7=
14243 Mitoka Circle N.E.
Prior Lake, Minnesota 55372
612-445-9154
reby certify that this survey, plan or report
prepared by me or under my direct supervision
that I am a duly Registered Land Surveyor
8 r the laws of the State of Minnesota.
Ja;~~e~~
Date Ap,qIL /9, 19'6 Reg. No. 7095
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