HomeMy WebLinkAbout96-041 Variance
RESOLUTION 96-35PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A LAKE SHORE
SETBACK OF 47 FEET RATHER THAN THE REQUIRED 85 FEET FOR A
PROPOSED SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Elmer Clarke has applied for variances from Section 9.3 A2 of the Zoning Ordinance
in order to permit the construction of a single family dwelling with attached garage on
property located in the R-1 (Suburban Residential) District and the SD (Shoreland
Overlay) District at the following location, to wit;
Lot 13, LAKESIDE PARK, Scott County Minnesota and that part lying
westerly of said Lot 13 between the westerly extensions of the southerly and
northerly lot lines of said Lot 13 to the shore line of Prior Lake, commonly
known as 16280 Park Avenue.
2. The Board of Adjustment has reviewed the application for a variance as contained in
Case #96-041 and held a hearing thereon on May 28, 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. 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.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. 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 property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city.
6. 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 as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
structure without variances.
7. The contents of Planning Case 96-041 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 these variances 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 variances has
failed to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance for the proposed single family dwelling with attached
garage;
1. A variance permitting a 47 foot setback from the lake shore instead of the required 75
foot setback.
The variance is granted with the following terms and conditions;
1. No other variances are granted as part of this approval.
2. Future structures shall be constructed as to meet all other city ordinances,
including setbacks..
Adopted by the Board of Adjustment on May 28, 1996.
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I :\96var\96086va\res9634.doc
2
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
ISSUES:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
STAFF AGENDA REPORT
4C
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 96-70
DENYING SIDE YARD SETBACK VARIANCE AND
ESTABLISHING FINDINGS OF FACT FOR A
REQUEST BY ELMER CLARKE
JULY 1, 1996
The City Council heard the appeal of Elmer Clarke from a
decision of the Planning Commission to deny his request for
a side yard setback variance on June 17, 1996. At that
meeting, Council directed staff to prepare a resolution of
denial with findings.
The Council has stated its position in this matter and has
directed the preparation of a resolution consistent with that
position. Attached is resolution 96-70 which addresses that
position.
1. The Council can approve resolution 96-70.
2. The Council can deny the resolution and direct
preparation of a resolution of approval.
3. The Council can approve the resolution with specified
amendments.
The staff recommendation is alternative 1.
Motion to adopt resolution
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 96-70
A RESOLUTION WITH FINDINGS UPHOLDING THE ACTION OF THE PLANNING
COMMISSION IN DENYING A VARIANCE FOR A SIDE YARD SETBACK FOR
PROPERTY LOCATED AT 16280 PARK AVENUE
MOTION BY: SECOND BY:
WHEREAS, Elmer Clarke applied for a variance to permit reconstruction of a house
with a side yard setback of 2.1 feet instead of the required 5 feet and a
lakeshore setback of 47 feet instead of the required 75 feet, and
WHEREAS, following a duly noticed hearing on May 28, 1996, the Planning
Commission approved the request for the lake shore setback and denied
the request for a side yard setback variance, and
WHEREAS, Mr. Clark subsequently appealed the decision of the Planning
Commission to the City Council, and
WHEREAS, on June 17, 1996, the City Council upheld the decision of the Planning
Commission to deny the side yard setback variance, and
WHEREAS, the City Council, at the June 17, 1996 meeting, directed the preparation
of a resolution of denial with findings,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that it does hereby make the following
FINDINGS OF FACT:
1. The applicant has a legal alternative available for the reconstruction of the house
which does not require a side yard variance.
2. The request for a side yard variance is the result of the owners desire to use the
existing foundation and is not the result of actions of another person.
3. The physical characteristics of the property do not create a circumstance which would
justify the granting of a side yard variance.
4. The distance from the neighbor's house to the existing foundation is not material to
the consideration of this variance.
16200 B~~J<tS-<a~{PJ\ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
BE IT FURTHER RESOLVED that the decision of the Planning Commission to deny
the side yard setback variance is hereby upheld and that Planning Department case file
number 96-041 is incorporated into, and made a part of , the record of decision in this
case.
Passed and adopted this 1 st day of July 1996
YES
NO
ANDREN
ANDREN
GREENFIELD
GREENFIELD
KEDROWSKI
KEDROWSKI
MADER
MADER
SCHENCK
SCHENCK
Frank Boyles, City Manager
City of Prior Lake
{Seal}
RS9670.DOC/DR
2
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
STAFF AGENDA REPORT
SA
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPEAL OF ELMER CLARKE FROM A
PLANNING COMMISSION TO DENY A SIDEY ARD
SETBACK VARIANCE.
JUNE 17, 1996
Elmer Clarke applied for a variance to allow him to
reconstruct his house on the old foundation. The house was
severely damaged by fire last year. The Planning
Commission considered a similar request last year, but
denied the request because Mr. Clarke owned abutting
property which could be combined to create a more
conforming lot. Subsequently, Mr. Clarke sold his interest in
the abutting lot and re-applied for variances from the lake
setback and the side yard setback requirements.
The Planning Commission heard this application on May
28, 1996 and approved the variance from the lake setback
but denied the request for the side yard variance.
Mr. Clarke then appealed the decision of the Planning
Commission which denied the side yard setback variance.
The attached planning commission staff report contains a
survey showing the location of the existing foundation
relative to the lot line. The foundation has a setback of 2.1
feet from the lot line. One of the reasons for the Planning
Commissions denial of the request was the proximity of the
house to the south. At the hearing, it was indicated that the
house was 7 to 9 feet from the foundation comer and the
Commission felt this was too close. However, the staff
report indicated that the neighboring house was
approximately 14 feet from the foundation at the closest
point. Mr. Clarke has also indicated that he has measured
this distance and that 14 feet seems to be the correct
distance.
In order to comply with the setback of 5 feet, the applicant
must construct a new basement wall 3 feet within the
16200 ~g~t~Vc~~<;{B~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4k7-4245
AN EQUAL OPPORTUNITY EMPLOYER
existing foundation. This will also reduce the size of the
house. The foundation has a footprint area of 634 square
feet and increasing the setback by 3 feet reduces this to 544
square feet.
The applicant wishes to retain the existing foundation in its
entirety, both for cost reasons and to preserve as much
living space as possible.
ISSUES: As in all variance cases, the basic issue is whether the
applicant is able to make a reasonable use of his property if
the ordinance is strictly enforced. In this case, the Council
must determine whether the reduction in floor area of the
proposed house by 90 square feet reduces the size of the
house to a point where a reasonable use of the property is
not available to the owner. The ordinance does not specify
at what point a reasonable use is available; this
determination is based on the experience and views of the
City Council concerning development in the City.
Assuming a two story house on the property (which is what
the applicant has indicated he wishes to build), the total
living area allowed in the house with the variance is 1,268
square feet while without the variance, 1,088 square feet
would be allowed.
The Council could conclude that 1,088 square feet is large
enough to constitute a reasonable use of the property or,
conversely, it could conclude that this is too small in
relation to the lot and is inconsistent with the character of
the neighborhood.
Staff believes that a strict reading of the ordinance criteria
for granting variances would result in the former conclusion
and it would be appropriate to deny the appeal.
AL TERNA TIVES: 1. The Council may approve the requested variance for a
side yard setback of 2.1 feet instead of the required 5
feet.
2. The Council may deny the requested variance
3. The Council may continue this case for specific reasons.
RECOMMENDATION: Staff recommends Alternative 2.
ACTION REQUIRED: Motion to direct staff to prepare a resolution consistent
with Council action.
96041VAR.DOCIDR 2
Minutes of the Prior Lake City Council
June 17, 1996
used for the purpose for which they were levied. She said that the
issue is one of integrity involving public trust.
Councilmember Mader said it was appropriate to fault staff for
actions, such as the decisions about street lighting and the
monument, which were made without discussion with Council.
MOTION BY KEDROWSKI, SECONDED BY.MADER TO
ADOPT RESOLUTION 96-60 APPROVING PLANS AND
SPECIFICATIONS FOR C.S.A.H. 21, THE COOPERATIVE
AGREEMENT WITH SCOTT COUNTY, AND FUNDING FOR
STREET LIGHTING (ONLY) PER THE STAFF AGENDA
REPORT.
Upon a vote being taken, ayes by Andren, Kedrowski, Mader and
Schenck, the motion passed.
The Mayor reiterated her concerns about the "moral" issue of using
funds for improvements and equipment not specifically identified
in project proposals. The Attorney stated the letter received from
the bond attorney did not directly address the matters raised at the
last meeting; she would need to see the bond documents:
MOTION BY KEDROWSKI, SECONDED BY ANDREN TO
TABLE FURTHER CONSIDERATION OF CONCERNS
REGARDING A COMMUNITY ENTRANCE MONUMENT
AND ACQUISITION OF A TREE SPADE AND TRAILER
UNTIL THE CITY ATTORNEY HAS RENDERED AN
OPINION.
Councilmember Mader said he would not support the action since
the Council had already acted on the purchase of the items; in his
opinion, the expense of an attorney's opinion now seemed
unnecessary .
Upon a vote being taken, ayes by Andren, Kedrowski, and Schenck;
nay by Mader, motion passed.
8. NEW BUSINESS:
~
> A.
M061796.DOC
Consider Appeal of Elmer Clarke from a Planning Commission
Decision to Deny a Sideboard Setback Variance. Director Rye
explained the request as acted upon by the Planning Commission
who approved one variance but not the other. He explained the
ordinance criteria. He stated that staff finds that it would be
appropriate to deny the appeal.
Clarke,
Elmer
10
Minutes of the Prior Lake City Council
June 17, 1996
Councilmember Mader verified with Director Rye that the
proposed house could be relocated on the site, but the applicant
sought to salvage the foundation of the former house which was
destroyed by fire.
The Mayor recognized Mr. Clark, who had a drawing that showed
that the variance was not as great as proposed. The Mayor
clarified that Mr. Clarke owned the adjacent lot but sold it.
Director Rye stated that there would have been some degree of
variance even with Mr. Clarke's additional lot.
The Mayor recognized Mrs. Lillyblad of 16287 Lakeside Ave. S.E.
She spoke against the side yard variance.
Councilmember Kedrowski questioned whether the house could go
elsewhere on the lot. Director Rye confirmed that, but he noted an
earlier variance was granted. The applicant offered additional
comments about the design of the house and the dimensions of the
requested variance.
MOTION BY KEDROWSKI, SECONDED BY ANDREN TO
DENY THE APPEAL BY ELMER CLARKE OF THE
PLANNING COMMISSION ACTION REGARDING SIDE
YARD SETBACK VARIANCE REQUEST.
Upon a vote being taken, ayes by Andren, Kedrowski, Mader and
Schenck, the motion passed.
The meeting recessed at 9:50 p.m. and resumed at 9:57 p.m.
MOTION BY ANDREN, SECONDED BY KEDROWSKI TO
RECONSIDER THE ACTION ON THE PREVIOUS ITEM.
Upon a vote being taken, ayes by Andren, Kedrowski, Mader and
Schenck, the motion passed.
MOTION BY ANDREN, SECONDED BY KEDROWSKI TO
DIRECT STAFF TO PREPARE A RESOLUTION WITH
FINDINGS OF FACT FOR THE DENIAL OF THE APPEAL
BY ELMER CLARKE OF THE PLANNING COMMISSION
ACTION REGARDING SIDE YARD SETBACK VARIANCE
REQUEST.
Upon a vote being taken, ayes by Andren, Kedrowski, Mader and
Schenck, the motion passed.
M061796.DOC
11
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
CONSIDER VARIANCES FOR ELMER CLARKE
16280 P ARK AVENUE
R. MICHAEL LEEK, CITY PLANNER
YES -X- NO
MAY 28, 1996
INTRODUCTION:
The Planning Department received a variance application from Elmer Clarke who
proposes to reconstruct a house on an existing foundation as shown on the attached
survey. The Commission heard a similar request from Mr. Clarke in the Fall of 1995
(File No. 96-041). The previous request was denied by the Commission because Mr.
Clarke owned abutting property which could be combined to create a more conforming
lot. The Commission's denial of the previous request was upheld by the City Council.
Since that request was heard Mr. Clarke has conveyed his interest in Lot 14, Lakeside
Park (See copy of attached quit claim deed). Thus, he no longer owns abutting land, and
has re-submitted the request for the following variances.
1. A 28 foot variance to permit a lake shore setback of 47 feet instead of the
required 75 feet.
2. A 7.9 foot variance to permit a side yard on the South of2.1 feet instead of the
required 10 feet.
DISCUSSION:
The existing house, which was substantially damaged by fire earlier in 1995, was
constructed in 1960. The property was platted as a part of Lakeside Park which was
approved by the Scott County Board of Commissioners in 1921. This area was also
annexed by the City of Prior Lake in January of 1973.
The subject property is basically pie-shaped. It is 16.7 feet wide at the front, about 24
feet wide at the 25 foot setback line, and widens out to about 62 feet at the shoreline. The
terrain is gently rolling until a point about 15-20 feet behind the existing house, at which
point it drops 'Off sharply toward the shoreline. At its closest point on the South, the
existing house is about 14 feet from the neighboring house.
V A95-3i 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
4
The proposed setbacks are as follows;
It appears it would be feasible for the applicant to move the proposed new house to the
North so that the house would meet the side yard setback requirements, although the
garage at the size shown would not meet the setbacks on both sides. The garage setback
could be dealt with under the recently amended setback provision for substandard lots of
record.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
If the Ordinance were literally enforced on this property, the building envelope would
only be 24 feet wide at its widest point. The pie-shaped configuration of the lot and sharp
drop-off to the shoreline severely restrict options for placing a house and garage (either
attached or detached) on the property. Thus, with respect to the requested lake shore
variance it appears the criteria is met. However, with respect to the side yard setback
variance request it appears that other, legal alternatives exists.
2. Such unnecessary hardship results because of circumstances unique to the
property.
As it relates to the lakeshore setback request, the hardship relates directly to the
configuration of this lot and its topography as it drops off toward the shoreline. As it
relates to the side yard request, the hardship results from economic considerations of the
applicant's.
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.
With respect to the lakeshore variance, the hardship is caused by the application of the
Ordinance to a property which was platted and developed before it was incorporated into
the City. With respect to the side yard, the hardship results from the applicant's desire
and decision to re-use the existing foundation.
V A95-31
2
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to tbe public interest.
The requested variances would observe the spirit and intent of the Ordinance in that
suitable structure separation for public safety purposes would be preserved, as well as
separation from the roadway for aesthetic purposes
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 code criteria.
RECOMMENDATION:
Because the request for lake shore variance appears to meet the Ordinance criteria, staff
recommends approval of that request. Because it does not appear the side yard request
meets the criteria, staff recommends denial of that request.
ACTION REQUIRED:
A motion directing staff to prepare a resolution consistent with the Commission's
decision.
V A95-31
3
.s URVEY FOR: E un E5< C~L~ R-r~E
DESCRIPTION:
Lot 13, LAKESIDE PARK, Scott County, Minnesota and that part lying westerly of
said Lot 13 between the westerly extensions of the southerly and northerly lot lines
of said Lot 13 to the shore line of Prior Lake.
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Proposed garage floor elevation
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Propo~ed top of block elevation
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Prop08ed lowest floor elevation
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Bearings are assumed
Subject to easements of record if any
o Denotes set or found iron pipe monuments
a Denotes set wood hub and tack
184.0 Denotes existing elevation
de1,Q:> Denotes proposed finish grade elevation
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direction of surface drainage
I hereby certify that this is a true and correct representation of a survey of the boundaries
of Lot 13, 'LAK'iGSIC>c. PAR.K, SCOII County, Minnesota 88 on file and of record
of a ~o~se as staked thereon,
in the Office of the County Recorder in and for said County,
also showing the proposed location
Surveyor under the Laws of the State of Minnesota.
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That I am a duly Registered Land
Dated: J",uE.. \?:>\ \<1<1'7
\2.8.l\S.Eb: 1-\~R-IL '2,(Jl\ \C)L)(o
June 3, 1996
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN 55372
Attn: Planning Department
I wish to appeal the decision of the Planning Commission from the May 28, 1996
meeting concerning my variance request for the property at 16280 Park Avenue.
Sincerely,
c;?
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Elmer Clarke
16280 Park Avenue
Prior Lake, MN 55372
----.---------- ---~-------_._---
*
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
CONSIDER VARIANCES FOR ELMER CLARKE
16280 P ARK AVENUE
R. MICHAEL LEEK, CITY PLANNER
YES -X... NO
MAY 28,1996
INTRODUCTION:
The Planning Department received a variance application from Elmer Clarke who
proposes to reconstruct a house on an existing foundation as shown on the attached
survey. The Commission heard a similar request from Mr. Clarke in the Fall of 1995
(File No. 96-041). The previous request was denied by the Commission because Mr.
Clarke owned abutting property which could be combined to create a more conforming
lot. The Commission's denial of the previous request was upheld by the City Council.
Since that request was heard Mr. Clarke has conveyed his interest in Lot 14, Lakeside
Park (See copy of attached quit claim deed). Thus, he no longer owns abutting land, and
has re-submitted the request for the following variances.
1. A 28 foot variance to permit a lakeshore setback of 47 feet instead of the
required 75 feet.
2. A 7.9 foot variance to permit a side yard on the South of2.l feet instead of the
required 10 feet.
DISCUSSION:
The existing house, which was substantially damaged by fire earlier in 1995, was
constructed in 1960. The property was platted as a part of Lakeside Park which was
approved by the Scott County Board of Commissioners in 1921. This area was also
annexed by the City of Prior Lake in January of 1973.
The subject property is basically pie-shaped. It is 16.7 feet wide at the front, about 24
feet wide at the 25 foot setback line, and widens out to about 62 feet at the shoreline. The
terrain is gently rolling until a point about 15-20 feet behind the existing house, at which
point it drops 'Off sharply toward the shoreline. At its closest point on the South, the
existing house is about 14 feet from the neighboring house.
V A95-3i 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The proposed setbacks are as follows;
It appears it would be feasible for the applicant to move the proposed new house to the
North so that the house would meet the side yard setback requirements, although the
garage at the size shown would not meet the setbacks on both sides. The garage setback
could be dealt with under the recently amended setback provision for substandard lots of
record.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
If the Ordinance were literally enforced on this property, the building envelope would
only be 24 feet wide at its widest point. The pie-shaped configuration of the lot and sharp
drop-off to the shoreline severely restrict options for placing a house and garage (either
attached or detached) on the property. Thus, with respect to the requested lakeshore
variance it appears the criteria is met. However, with respect to the side yard setback
variance request it appears that other, legal alternatives exists.
2. Such unnecessary hardship results because of circumstances unique to the
property .
As it relates to the lakeshore setback request, the hardship relates directly to the
configuration of this lot and its topography as it drops off toward the shoreline. As it
relates to the side yard request, the hardship results from economic considerations of the
applicant's.
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.
With respect to the lakeshore variance, the hardship is caused by the application of the
Ordinance to a property which was platted and developed before it was incorporated into
the City. With respect to the side yard, the hardship results from the applicant's desire
and decision to re-use the existing foundation.
2
VA95-31
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The requested variances would observe the spirit and intent of the Ordinance in that
suitable structure separation for public safety purposes would be preserved, as well as
separation from the roadway for aesthetic purposes
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 fmds a lack of
demonstrated hardship under the zoning code criteria.
RECOMMENDATION:
Because the request for lakeshore variance appears to meet the Ordinance criteria, staff
recommends approval of that request. Because it does not appear the side yard request
meets the criteria, staff recommends denial of that request.
ACTION REQUIRED:
A motion directing staff to prepare a resolution consistent with the Commission's
decision.
V A95-31
3
Planning Case File No.
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
0b-O'i (
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 zoning) sheets/narrative if desired)
to (proposed zoning) ~, I" 5/,'s .,/5 ys lor- h "fA of A gavq (<
o Amendment to City Code, Compo Plan or City Ordinance 4d ; L q If e S {"re .,Ys
.
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
jiJ Variance Applicable Ordinance Section(s):
~::~::s~t(S)/ !~;02 i_<;'J.'7t~ :
Home Phone: '-I'I7~l.:~7V Work Phone:
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 if there is not enough space on this sheet):
To the best of my knowledge the information prodded 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 processed until deemed complete by the Planning Director or assignee.
~6;;:gnlJ:,:: 0~ ~ ~zB-9fo
.
Date
Fee Owner's Signature Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION APPROVED DENIED DATE OF HEARING
CITY COUNCIL APPROVED DENIED DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee Date
e
.sURVEY FOR: ELmER
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DESCRIPTION:
Lot 13, LAKESIDE PARK} Scott County, Minnesota and that part lying westerly of
said Lot 13 between the westerly extensions of the southerly and northerly lot lines
of said Lot 13 to the shore line of Prior Lake.
Q,
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Subject to easements of record if sny
o Denotes set or found iron pipe monuments
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I hereby certify that this 1s a true and correct representation of a survey of the boundaries
in the Office of the County Recorder in and for said County,
of Lotl?>, .LP.KE'SIQc. PARK, SCOIT County, Minnesota as on file and of record
also showing the proposed location
of a house as staked thereon.
Tha t I am a duly RegiA tored Land
Surveyor under the Laws of the State of MinneRota.
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Dated: J\.\\JE.. 1::'\ \C1<17
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---------------
NOTICE OF HEARING FOR A 28 FOOT VARIANCE TO PERMIT A
LAKE SHORE SETBACK OF 47 FEET INSTEAD OF THE REQillRED 75
FEET, AND A 7.9 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF
2.1 FEET INSTEAD OF THE REQillRED 10 FEET RELATED TO
RECONSTRUCTION OF A SINGLE FAMILY HOUSE AND THE
CONSTRUCTION OF A 24' X 24' ATTACHED GARAGE ON PROPERTY
LOCATED IN THE RI-SUBURBAN RESIDENTIAL DISTRICT
AND THE SD-SHORELAND DISTRICT
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: Tuesday, May 28, 1996, at 7:30 p.m.
or as soon thereafter as possible.
APPLICANT:
Elmer W. Clarke
16280 Park Avenue NE.
Prior Lake, Minnesota 55372
SUBJECT SITE:
Lot 13, LAKESIDE PARK, Scott County, Minnesota, and that
part lying westerly of said Lot 13 between the westerly extensions
of the southerly and northerly lot lines of said Lot 13 to the shore
line of Prior Lake, commonly known as 16280 Park Avenue.
REQUEST: The applicant proposes the reconstruction of a single family house
which was damaged by fire earlier last year. The applicant's plans
propose a lake shore setback of 47 feet instead of the required 75
feet, and a side yard setback on the South of 2.1 feet
instead of the required 10 feet. Thus, the applicant requests that
the Planning Commission approve a 28' lakeshore variance and a
7.9 foot side yard setback variance.
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
16200 E:c1gt~ creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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: May 15, 1996
2
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gitnc5self), Th4t the said part............ of the first part, in consideration of the GUm o/....O.h.I$.:........
.-..........................................................................................................................................................................................................................DO LL.1RS,
to..................................in l/Auu], paid by the said parties of the secOluL part, tlU! receipt whereof is hereby aclcnowL-
tdged, do............ hereby Grant, Bargain, Quitc1.ain., and Convcy unto the said parties of the second part as
joint; tenants and not as tenants in COm71"""', their assigns, the survivor of said parties, and tlU! heirs and
assi{ns of the survivor, Forever, all the tract...... or parceL... of land lyin{ and bein{ in the County of
..................................-..........................................and StattJ of J}{innesota, described as follows, to-wit:
Lot 14, Lakeside Park, according to the recorded' plat thereof on
file and of record in the Office of the County Recorder in and for
Scott County, Minnesota,
~/)ed 7';1""'
jp /. 65'"
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No 1~C/dr Its
Oeed Tu ':JJ:~01 S' JL(,
paid this ay 01 ~19
~ 1I.'"'rn...II.,JCounty Treasurer
Conservation Fee Paid
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~o mabe anb to Jf10lb tbe ~ante, Todether with o,LL tM hereditaments and appurtenaru>6S there-
unto belondind 01' in. anywise appertainind to the said parties of tl>tJ second part, their a,.,sidru, the sur-
vivor of said parties, and the heirs o,nd assidns of the survivor, Forever, t}>6 .aid parties of the .tJCond part
talcing as joint tenants and not as tenants in common..
3Jn 1lteslhnon!, E)ereof, The said part............ of the first part h4............ hereunto set..................................
hand...... the day and year firot above written.
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................................................................................................-......................
PLANNING COMMISSION MINUTES
MAY 28, 1996
The May 28, 1996, Planning Commission Meeting was called to order by Vice Chair
Criego at 7:09 p.m. Those present were Commissioners Criego, Loftus and VoOOof,
City Planner Don Rye, Assistant Planner Michael Leek and Recording Secretary Connie
Carlson. Commissioner Wuellner arrived at 7:30 p.m.
ROLL CALL:
Criego
Wuellner
V onhof
Loftus
Kuykendall
Present
Absent
Present
Present
Absent
APPROVAL OF MINUTES:
Corrections Page 11 and 14 change "Creigo" to "Criego".
MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE THE MAY 13, 1996,
MINUTES AS WRITTEN.
V ote taken signified ayes by Criego, V oOOof, and Loftus. MOTION PASSED.
New Business:
Discussion on recommending a chairperson for Planning Commission every 18 months or
every 2 years. It was the consensus of the Commissioners to recommend to City Council
to extend the chair position to a term of 18 months.
MOTION BY VONHOF, SECOND BY LOFTUS, TO RECOMMEND BILL CRlEGO,
TO CITY COUNCIL AS CHAIRPERSON FOR THE PLANNING COMMISSION.
Vote taken signified ayes by Vonhof, Loftus and Criego. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY VONHOF, TO RECOMMEND DAVE
WUELLNER AS VICE CHAIR FOR THE PLANNING COMMISSION.
Vote taken signified ayes by Loftus, VoOOofand Criego. MOTION CARRIED.
Public Hearing:
96-041 ELMER CLARKE, 16280 PARK AVENUE, REQUESTING A 28 FOOT
VARIANCE TO PERMIT A LAKESHORE SETBACK OF 47 FEET INSTEAD OF
THE REQUIRED 75 FEET, AND A 7.9 FOOT VARIANCE TO PERMIT A SIDE
MN052896.DOC
PAGEl
YARD SETBACK OF 2.1 FEET INSTEAD OF THE REQUIRED 10 FEET RELATED
TO RECONSTRUCTION OF A SINGLE F AMIL Y HOUSE AND THE
CONSTRUCTION OF A 24' X 24' ATTACHED GARAGE.
Assistant Planner Michael Leek presented the information from the Planning Report
dated May 28, 1996. Staff recommended approval of the requested lake shore variance
because the Ordinance criteria had been met. The 5 foot side yard request does not meet
the criteria and staff recommended denial.
Comments from the public:
Elmer Clarke, 16280 Park Avenue, was present to answer questions.
Mark Slaughter, 16290 Park Avenue lives next to Mr. Clarke and had no objection to the
requested variances. He stated he had variances granted for his home as well as the
neighbors and supports the request.
Lorriane Lillyblad, 16308 Park Avenue, said her concern was access for fire equipment if
there is a fire; the garage is two feet bigger than her garage and feels it is too big for the
lot and furthermore the Lillyblads could not build the garage they wanted and do not feel
Mr. Clarke should either.
Comments by Commissioners:
Loftus:
. Supportive of lakeside variance
. Deny side yard variance.
. The hardship was created by the applicant by deeding the adjacent land away.
V onhof:
. No comments at this time.
Wuellner:
. Agree with Loftus with the lake shore setback but not a side setback.
Criego:
. Concern the 10 foot issue between the applicant and the neighbor. It becomes a fire
hazard.
. There is a stone ice house and stone wall on the property by the lake.
. Rye explained the ice house and wall are not considered structures under the
ordinance.
MOTION BY WUELLNER, SECOND BY LOFTUS, TO APPROVE A 28 FOOT
LAKESHORE SETBACK\OF 47 FEET INSTEAD OF THE REQUIRED 75 FEET
Ilfl-r ".,,1(
MN052896.DOC
PAGE 2
AND DENY THE 7.9 FOOT TO PERMIT A SIDE YARD ON THE SOUTH OF 2.1
FEET INSTEAD OF THE REQUIRED 10 FEET.
Rationale: The hardship is the design choice by the property owner.
Vote taken signified ayes by V oOOof, Loftus and Wuellner, nay by Criego. MOTION
CARRIED.
Chairman Criego closed the public hearing.
A recess was called at 7:50 p.m. The meeting reconvened at 8:00 p.m.
Michael Leek presented guest speaker, Dan Herbst, President Pemtom Land Company.
Mr. Herbst spoke on the following topics: Land sellers demands and requirements;
"brown land"; environmental land issues; recent development scenario and the typical
development complications including neighborhood opposition, political climate, staff
and planning commission/city council agendas and their relationships, utility issues, the
impact of delays, timing and costs; the Livable Communities Act; Metropolitan Council
and local units of government; planning standards/engineering standards and their
conflicts; the waste of two sidewalks; and the housing consumer who is the ultimate
bearer of all costs.
MOTION BY CRIEGO, SECOND BY LOFTUS, TO ADJOURN THE MEETING.
Votes taken signified ayes by Wuellner, VoOOof, Criego and Loftus.
The meeting was adjourned at 9:27 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
MN052896.DOC
PAGE 3
February 20, 1996
MINUTES OF THE PRIOR LAKE CITY COUNCIL
February 20, 1996
1. CALL TO ORDER - Mayor Andren called the meeting of the
Common Council to order on Tuesday, February 20, 1996 at 7:30 p.m.
in the Council Chambers. Present were: Mayor Andren,
Councilmembers Kedrowski and Mader, City Manager Boyles, Public
Works Director Anderson, Planning Director Rye, City Attorney.
Barrett and Recording Secretary Birch. Councilmembers Schenck and
Greenfield were absent due to being out of town.
2. PLEDGE OF ALLEGIANCE Mayor Andren led the Pledge of
Allegiance
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
The following amendments were made: Page 4, 5A the sentence
referred to Prior Lake Chamber of Commerce representative, it should
be changed to Prior Lake Chamber of Commerce President
MOTION BY KEDROWSKI, SECOND BY MADER, TO MINUTES
APPROVE THE MINUTES AS AMENDED.
Upon a vote taken, ayes by Andren, Kedrowski and Mader. The
motion carried.
4. CONSENT AGENDA
A.
B.
C.
D.
E.
1>
F.
G.
H.
Consider Approval of Invoices to be paid.
Consider Approval of Animal Control Report.
Consider Approval of Fire Calls Summary for December, 1995
and January, 1996.
Consider Approval of Treasurer's Report.
Consider Approval of Resolution 96-09 Authorizing Allocation of
Damages to MPRS Defendants.
Consider Approval of Building Permit Report.
Consider Approval. of Resolution 96-17 Establishing Findings
and Facts and Denying Variance Request From Elmer Clarke,
16286 Park Avenue.
Consider Approval of Resolution 96-20 Adopting Flexible
Benefits Plan.
Invoices
Dog Catch
Fire Calls
Treasurer's
RS 96-09 MPR~
Bldg.Permit
RS 96-17
Elmer Clarke
RS 96-20 Fley
BenefitPlan
16200 f.l8g1!'~AEek Ave. S.E., Prior Lake, Minnesota 55J.72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Minutes of the Prior Lake City Council
February 5, 1996
Upon a vote taken, nays by Andren, Greenfield, Kedrowski,
Mader and Schenck, the motion carried, the Resolution was
denied.
Discussion occurred regarding the Attorney's opmlOn on the
abbreviated subdivision process and options for Council action.
Council concurred that the abbreviated subdivision process
should be deleted.
A short recess was called.
Meeting reconvened.
7. OLD BUSINESS:
/
A. Consider Approval of Resolution 96-17 Denying Appeal of Variance
Determination for Elmer Clark, 16286 Park Avenue Associate
Planner Leek reviewed events which had taken place to date
regarding Mr. Clarke's request for a 28 foot lake shore variance and a
7.9 foot side yard setback variance on the South to allow the
construction of a new house on the existing foundation of his previous
house which was destroyed by fire in 1995. Attorney Barrett's
opinion was that Council could require that the two lots be combined.
Further discussion occurred regarding the request. Resident
Lorraine Lillyblad addressed the Council to voice her objections to the
variance.
MOTION BY MADER, SECOND BY GREENFIELD,
DIRECTING THE STAFF TO PREPARE A RESOLUTION
DENYING MR. CLARKE'S VARIANCE REQUESTS FOR
CONSIDERATION ON THE FEBRUARY 20 AGENDA.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried
8. NEW BUSINESS:
Consider Approval of Ordinance 96-05 Amending Section 9-1-6 of the
Prior Lake City Code Changing Street Overlay Assessment
Percentage / Method, and Consider Approval of Special Assessment
Policy Amendment with Respect to Sidewalk Improvements - City
Manager Boyles discussed Council's direction to staff to address the
assessment policy and stated that Council had concurred at the
M020596.DOC
6
RS96-17
Denying
Appeal of
Variance
for Elmer
Clark
Elmer
Clarke
OR 96-05
NOTICE OF HEARING FOR A 28 FOOT VARIANCE TO PERMIT A
LAKESHORE SETBACK OF 47 FEET INSTEAD OF THE REQUIRED 75
FEET, AND A 7.9 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF
2.1 FEET INSTEAD OF THE REQUIRED 10 FEET RELATED TO
RECONSTRUCTION OF A SINGLE FAMILY HOUSE AND THE
CONSTRUCTION OF A 24' X 24' ATTACHED GARAGE ON PROPERTY
LOCATED IN THE RI-SUBURBAN RESIDENTIAL DISTRICT
AND THE SD-SHORELAND DISTRICT
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: Tuesday, May 28,1996, at 7:30 p.m.
or as soon thereafter as possible.
APPLICANT: Elmer W. Clarke
16280 Park Avenue NE.
Prior Lake, Minnesota 55372
SUBJECT SITE: Lot 13, LAKESIDE PARK, Scott County, Minnesota, and that
part lying westerly of said Lot 13 between the westerly extensions
of the southerly and northerly lot lines of said Lot 13 to the shore
line of Prior Lake, commonly known as 16280 Park Avenue.
REQUEST: The applicant proposes the reconstruction of a single family house
which was damaged by fire earlier last year. The applicant's plans
propose a lake shore setback of 47 feet instead of the required 75
feet, and a side yard setback on the South of 2.1 feet
instead of the required 10 feet. Thus, the applicant requests that
the Planning Commission approve a 28' lakeshore variance and a
7.9 foot side yard setback variance.
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
16200 e(f91~ creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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: May 15, 1996
2
". v
/1"""
July 3, 1996
Mr. Elmer Clarke
16280 Park Avenue
Prior Lake, MN 55372
RE: Variance Case #96-041
Dear Elmer:
Enclosed is your filing fee check for the denied variance.
Sincerely,
Connie Carlson
Planning Dept. Secretary
enc.
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RECEIPT
~651
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I
DATE
CITY 0 F
PRIOR LAKE
4629 DAKOTA STREET S.E.. PRIOR LAKE. MN 55372
Received of
/( . CUu' fLp
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c/ JHt\/ -' 't ~
whose address and/or legal description is
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t f I ,.",l:\{.'
he sum 0 i - iV, .
for the purpose of
dollars
\ / a lor CUlArd
$
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Reference Invoice No.
Ir. ,,/l
i" ,J " { ,I ().
( i) / \ I. liG.. CD/lij?~\./'--
Receipt Clerk for the City of Prior Lake
Planning Case File No.
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
CJ6-0'l ,
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~) ;J. V 5p 5" sys fO..-t16 LA""f 6 {!Qv'1&;
o Amendment to City Code, Compo Plan or City Ordinance 46 t1 /.., q Ife S {~re !YYS
. ,.
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
Ji' Variance Applicable Ordinance Section(s):
~::~:~t(S)/ !i:~,t ~;/,~
Home Phone: qt.j7~Z~7f) Work Phone:
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 if there is not enough space on this sheet):
To the best of my knowledge the information prodded in this appliclltion 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 processed until deemed complete by the Planning Director or assignee.
~!;;;;gnlJ:f ~~ y-z8-9to
.
Date
Fee Owner's Signature Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION APPROVED DENIED DATE OF HEARING
CITY COUNCIL APPROVED DENIED DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee Date
-e.
m:Vi% 3Jnbcntu rc, .Mack thi.l...........J~.~J:1..................day of.........~.eE.i.~......................_........, 19....9..~..,
between.............f:Jw,.a..lr.....w...<!}"..1..q.Y..H..e......,...w-id0we.r;...........................................................................................................
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.................. ....................................................... .................................... ...... ....... .... ........{......... ...................... ....... ....., of the C ov,nty of
...IPd..J{.i!>..!h::1.........................an.d State of.................!1..J.h..k.C3...S.9......J(...................., parties of the secon.d part,
gUncssetU, That the said pari............ of the first part, in co1Ulideration of the GU7Th of....O'.k<$.-.........
.................................................................................................................................................................................................................................DOLLA.RS,
to......... .....in han.d paid by the said pariies of the second part, the receipt whereof is hereby acknowl-
ed!Jed, do.......... hm'eby Grant, Bar!Jain, Quitclaim, on.d Convey unto the said parties of the secon.d pari as
joint tenant. an.d not as tenants in C07Th71Um, their assigns, the survivor of said pariies, an.d the heirs an.d
as.i!J1Ul of the survivor, Forever, a~~ the tract..... or parceL... of iand ~yin!J and bein!! in the County of
.............................................................................,L1~ State of Mi7t7teSota, described as foiww., to-wit:
Lot 14, Lakeside Park, according to the recorded' plat thereof on
file and of record in the Office of the County Recorder in and for
Scott County, Minnesota.
):>eecl 7,1/ ,Joe-
Jf /. 65"
No q~r;d.r 1~.5
Deed Tax ~o' $ ~19J:C.
paid this ay 01
~1s-~Coun\Y. Treasurer
Conservation fee PaId
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1!ro ~abe anb to J!)olb tbe ~ame. TO!Jcther with aLL the hereditame7tts an.d appurle7tanc6S there--
unto bcwngi7t!! or in a7tywise appertaini7t!! to the said pariies of the .econ.d part, their a..,si!!7tS, the sur-
vivor of said parties, an.d the heirs an.d assi!!1Ul of the survivor, Forever, the .aid partie. of the .econ.d part
takin!! as joint tenant. aM. Mt as tenant. in C07Th7ThOn.
3ln 1l[;elSthllOltl? ~l~ereof, The said pari............ of the first part ha............ hereu7tto .et.............................
han.d. ... the day an.d year fir.t Move written.
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In Prese7tC6 01
May 10, 1996
Mr. Elmer Clarke
16280 Park Avenue
Prior Lake, Minnesota 55372
Dear Mr. Clarke:
This letter is to inform you that your application dated April 28, 1996, for variances to
construct a house and attached 24' x 24' 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 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.
ve~~~~,s, " , ~,
/' ). /$~~~~
R. Michael Leek
Associate Planner/Acting Assistant Planner
cc. File 96-041 VA
9641 V ACL.DOC 1
16200 ~k Creek Ave, S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5URVEY FOR; ELmEl~
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DESCRIPTION:
Lot 13J LAKESIDE PARK, Scott County, Minnesota and that part lying westerly of
said Lot 13 between ti,e westerly extensions of the soutllerly and nortllerly lot lines
of saId Lot 13 to ti,e shore line of Prior Lake.
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I hereby certify tJlat this is a tr\le and correct representation of Q Burv~y of the boundaries
of Lot 13, 'LA\(\iO...SIOr:::. -PAR-K, SC.Ol' County. Minnesota os on file and of record
In tile Otf1ce of the COllnty Recorder in and for said County!
also showing the proposed loea tion
of a house as staked thereon.
Tllat I am a duly Registered Land Surveyor tinder the Laws of the State ot Minnesota.
~B,cdj~~f
Minnesota Registration No. 17009
121 Lewis Street S.
Surte No. 102
Shakopes, Minnesota 55379
Phone 612 445 1027
Dated: JL\0E.. \::'\ \CJCj'7
\2. 8J\S ED: f-\r\?J l. L(., ICJ9(o
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(",', r ~ ~ ] PLANNING COMMISSION
- ~ ~ ):> DATE
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m:bts 3J nbcntu rc, Made this...............??E.~..................day of...........~P.!.~!.................................., 19.....?.~..,
between..............E:I~.Q..((:.....w....0..<.1..q.Y.:.}.{..e......t....widewe.J:........................................................................................................................
of the County of...........:i.fk.u.....ft......................................and State of........./M..l.I4.I1..e.-..s.9.t.~.........................., part............
of the first part, and............Cdt.C'J..r...I.e..S'......~.....~.l..r;::J.~.l{,.e..............................................................................................................
.............................................................................................................................................................1.............................................., 01 the County of
.................tP...c;J..J(.~..!t.a.........................and State of................./!f...J..kL..k..t3...s..<?......Jj......................, parties of the second part,
.itnesset{), That the said part............ of the first part, in consideration of the sum of....O.h.~........
..................................................................................................................................................................................................................................DOLLARS,
to....................................in hand paid by the said, parties of the second, part, the receipt whereof is hereby ao7cnow1r
edded, M............ hereby Grant, Bar~ain, Quitc"Laim, and, Convey unto the said, parties of the second part as
joint tenants and not as tenants in common, their assi~ns, the survivor of said parties, and the heirs and
assidns of the survivor, Forever, a~~ the traot...... or parceL... of ~and ~yin~ and beind in the County of
..............................................................................a~ State 01 Minnesota, described, as foUows, to-wit:
Lot 14, Lakeside Park, according to the recorded plat thereof on
file and of record in the Office of the County Recorder in and for
Scott County, Minnesota.
~/>ed 1';/ 4 uf:-
..ffi /. 65"
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No ~cf( C/d:(. /. & S
Oe8dTalt~of$ ~19~
paid this ay of
~1rs~County treasurer
Conservation fee Paid
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'QI;0 ~abe an'll to ~olb t{)e ~ame. ToJ!ether with aL~ the hereditaments and appurtenances there-
unto beLonJ!inJ! 07' in anywise appertaininJ! to the said, parties of the second part, their assiJ!ns, the sur-
.vivor of said parties, and the heirs and assiJ!ns of the survivor, Forever, the said, parties of the second part
takinJ! as joint tenants and not as tenants in common.
3Jn 'QI;esttmon!, a"ereof. The said part............ of the first part ha............ hereunto set....................................
hand...... the day and year first above written.
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-0URVEY rOR: ELmEP~ LLAR~E
DESCRIPTION:
Lot 13, LAKESIDE PARK, Scott County, Minnesota and that part lying westerly of
said Lot 13 between the westerly extensions of the southerly and northerly lot lines
of said Lot 13 to the shore line of Prior Lake.
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Subject to easements of record if any
o Denotes set or found iron pipe monuments
~ Denotes set wood hub and tack
Proposed garage floor elevation
184.0 Denotes existing elevation
<=12.\.5
Propo~ed top of block elevation
PrLS D C"lt \~T I \v\-G
~~~Denotes proposed finish grade elevation
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Proposed lowest floor elevation
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direction of surface drainage
I hereby certify that this is a true and correct representation of a survey of the boundaries
of Lot 13,' LA K E.. '5 \ Q t= PA- R K , S cO TT County. Minnesota as on f He and of record
in the Office of the County Recorder in and for said County,
also showing the proposed location
of a house as staked thereon.
That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota.
Allan R. Hastings
Minnesota Registration No. 17009
121 Lewis Street S.
Suite No. 102
Shakopee, Minnesota 55379
Phone 612 445 4027
Dated: Jlt\\JE.. \ ~\ \C1C)7
\(8J\~ED: fWf(IL '2.~\ \C19Co
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