HomeMy WebLinkAbout96-067 Variance
File No. 96-067 Variance
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OFrIca or 'l'H1 COtDI'tY UCDIDEIl \, 11
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STATE OF MINNESOTA)
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COUNTY OF scon )
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 96-25PC
on file in the office of the City Planner. City of Prior Lake.
Dated this r day of ~ 1996.
(City Seal)
16200 ~~ Ave. S.E., Prior Lake. Minnesota ~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPOR111NITY EMPLOYER
\.\
STATE OF MINNESOTA
COUNTY OF SCOTT
Certified to be a true and CM8Ct
copy of the original on file 01 cI
record in my office.
PAT BOECKM.6N
COUNTY RECORDER AND
;:~?i
BY ~/Yl.l"'''DQp
RESOLUTION 9625PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 21 FEET INSTEAD OF THE REQUIRED 25 FEET TO ALLOW
THE CONSTRUCTION OF A 3-UNIT TOWNHOUSE BUILDING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Eagle Creak Villas has applied for a variance from Section 4.2 of the Zoning
Ordinance in order to permit the construction of a 3-unit townhouse on property
located in the R-2 (Urban Residential) District at the following location, to wit;
4170-4176 CJ Circle, legally described as Lots 1-4, Block 4, Second Addition
to Lakeside Estates
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-067 and held hearings thereon on August 12, 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. 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.
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.
A unique circumstance applicable to this property is the fact that the existing
subdivision plat includes the building envelope. The plat was approved and recorded
1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
prior to 1983, the effective date of the current Zoning Ordinance. If the building is
moved or realigned, it will not fit into the existing "envelope".
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 application of the required setbacks leave no legal buildable area.
7. The contents of Planning Case 96-067 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 variance 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 variances;
1. A variance to permit a 3-unit townhouse which will have a 21' front yard setback
instead of the required 25' setback.
This variance is granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A.
Adopted by the Board of Adjustment on August 12, 1996.
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William Criego, Ch 'rL
2
AGENDA ITEM:
SUBJECT:
4C
CONSIDER FRONT SETBACK VARIANCES FOR
EAGLE CREEK VILLAS
4170-4176 CJ CIRCLE
JANE KANSIER, PLANNING COORDINA TQR ~
DONALD R. RYE, PLANNING DIRECTOR ~
YES 1- NO
AUGUST 12, 1996
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department received a variance application from Eagle Creek
Villas to allow the construction of a 3-unit townhouse building on the site located
at the northeast intersection of Cates Street SE and C J Circle. The building,
which is presently under construction, is located 21 feet from the Cates Street
right-of-way instead of the required 25 feet. The applicant is requesting a 4'
variance to the front yard setback.
DISCUSSION:
The subject site was platted as Lots 1-4, Block 4, Second Addition to Lakeside
Estates in 1982, prior to the effective date of the current Zoning Ordinance.
While a conditional use permit for the construction of a 4-unit townhouse was
also approved in 1982, that building was never built.. In May, 1996, a building
permit for the 3-unit building on this site was approved. The 3-unit building fits
within the "envelope" lots for the planned 4-unit building. However, as was
subsequently discovered, the building is located 21' from the front lot line instead
of the required 25 feet.
Section 4.2 (Lot and Yard Requirements) of the Zoning Ordinance notes that a
25' front yard setback is required for structures in the R-2 district. Furthermore,
Section 4.1 C states that "any lot of record may be used for the erection of a
structure conforming to the use regulations of the district in which it is located".
Therefore, a 4' variance to this provision is required.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
96067PC.DOC 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enforced. The building could be realigned on the
site to meet the required setbacks. If this were the case, however, the
building would not fit into the existing "envelope".
2. Such unnecessary hardship results because of circumstances unique
to the property.
A unique circumstance applicable to this property is the fact that the existing
subdivision plat includes the building envelope. The plat was approved and
recorded prior to 1983, the effective date of the current Zoning Ordinance.
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.
The size and appearance of the 3-unit townhouse is consistent with the other
buildings in the area. Thus, it does not appear that the requested variances
would be contrary to the public interest.
ALTERNATIVES:
1. Approve the variance requested by the applicant.
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:
While there is not a definitive hardship, the circumstances surrounding this
property are somewhat unique. The Planning staff therefore recommends
Alternative #1.
ACTION REQUIRED:
A motion adopting Resolution 9625PC.
96067PC.DOC
2
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Planning Case File No.
Property Identification No.
qt --OG 7
1/)
{L7 - '- 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 zoning)
to (proposed zonin~)
o Amendment to City Code, Compo Plan or City Ordinance
o Subdivision of Land
o Administrative Subdivision
~nditional Use Permit
rr Variance Applicable Ordinance Section(s):
1
Applicant(s).~ ~F" n~L- 1-::: _, &i_ tj.).- {) i ( (~-Y
Address: )) {p ~ t:. I I ~-:$
Home Phone: Work Phone: {I (( t ,-~ D..s- ~
Property Owner(s) [If different from Applicants]:
Address:
Home Phone: y Work Phone:
Type of Ownership: Fee' Contract for Deed _ Purchase Agreement ----:. '
t-
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
To the best of my knowledge the infor Ion procided in this application and other material submitted is correct. In
addition, I have read the relevant Ions of the Prior Lake Ordinance and procedural guidelines, and understand that
app icatio will not be proces til deemed complete by the Planning Director or assignee.
", $~~ ).- 0. Cft.
Date
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 HEARlNG
DATE OF HEARlNG
CONDITIONS:
Signature of Planning Director or Designee
Date
NOTICE OF HEARING TO CONSIDER THE FOllOWING VARIANCE:
A 5 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 21 FEET INSTEAD OF THE
REQUIRED 25 FEET FOR THE CONSTRUCTION OF A THREE-UNIT TOWNHOUSE
BUilDING ON PROPERTY lOCATED IN THE R2-URBAN RESIDENTIAL DISTRICT AND THE
SD-SHORElAND OVERLAY DISTRICT IDENTIFIED AS 4170-4176 CJ CIRCLE.
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, August 12, 1996, at 7:00 p.m. or as soon thereafter as
possible.
APPLICANTS:
Eagle Creek Villas
7765 East 175th Street
Prior Lake, Minnesota 55372
SUBJECT SITE:
4170-4176 CJ Circle, legally described as Lots 1-4, Block 4, Second
Addition to Lakeside Estates
REQUEST:
The applicant is proposing to construct a 3-unit townhouse building on an
existing lot which will have a front yard setback of 21' instead of the
required 25 feet.
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.
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: July 31, 1996
96-067va\96067pn.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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DESCR I P1' ION :
~ot" l. 2, 3, , 4, Block 4, SECOND AI>()'N TO ~AKESIDE ES'1'ATF.5, Scott County,
Minnesota. Also "howiny the loci'ltion of the pe-oposed hOllse, as staked this 23e-d
~y ot Ape-it. 1996.
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NOT~~' Benchn~e-k Elevation 921.44 Top nut of Hyde-ant at BE coe-nee- of Outlot F.
~21.4 Denotes existing ge-ade elevation
920.5 Denotes pe-oposed finished ge-ade elevations
Denotes pe-oposed din'ction of finished '!Ole-filCe de-ainag"
Set the pe-oposed gae-aqe slab at elevaticn 920.67
Set the top of block at elevation 921.00
The Jowest flooe- elevaticn will be at 917.96
Net ~ot ae-ea = 5,400 sq. ft.
REV 4/30/96 TO SHOW PROPOSED BLOG. a GRADES.
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EXHIBIT "A"
VA L LE Y SURVEY J NG Co. / P. A.
16670 FR,4NKL!N TRAIL 5, E.
PRIOR LAK~ HN 55372
OFFICE. 447-2570
FAX 447-2571
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Lot" l. ;, 3, < 4. Hlock 4, SEC:;ND A1)[)'N 1'0 LAKESIDE ES't'A1'F''s, Scott County.
Minnesota. IIlso "howiny the lOCi'ltlcn of the pC'oposed hOllse, as staked this 23C'd
d'!y ot 1I!JL"lL 1996.
NOT~"' Benchn~C'k Elevation 921.44 Top nut of HydC'ant at SE coC'neC' of OUtlot f.
,,21.4
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Denotes existing grade elevation
Denotes pC'oposed finished gC'ade elevations
D<>notes pC'oposed dir:!'Ctlon of finished ''',C'face dC'ainage
~;et the pC'oposed gaC'''qe slab at elevation 920.67
3"t the top of block at elevation 921.00
The lowest flooC' elevation will be at 917.96
Net Lot aC'ea = 5,400 sq. ft.
I I
REV 4/30/96 TO SHOW PROPOSED BLDG. a GRADES,
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Kuykendall:
· The impervious surface requirements are important. Would lean toward 25%. This is
umque.
· Need clarification of gravel for impervious surface.
· Redesign the driveway. Be creative to allow applicant a way to build his garage.
· Wingard said the wetland in the back of the property runs into marsh and the front yard into
Spring Lake.
· Kansier read the provisions from the ordinance.
· Suggest tabling to get staff s definition of a gravel driveway and look at another way of
looking at the situation.
Wuellner:
· Hesitates to approve a variance because the Commission has never granted a 3 car garage as
a necessity.
Criego:
· If the facts were known at the first hearing, the Commissioners would have not allowed the
34% impervious surface.
· Commissioners would like to have the applicant build, but the impervious surface has to be
reduced.
· Does not meet the hardship with a 3 car garage.
· The Commissioners do not have to study the issues.
Mr. Winegar pointed out previous commissions allowed hammerhead driveways so a person
cannot back out into the traffic.
Mr. Smith said the garage was approved and he needs the room for his snowmobiles and
motorcycles. He has already gone ahead and spent money and reconstructed his yard under
the assumption this could be built. Mr. Smith feels there is nothing in the ordinance that
says he cannot have a gravel driveway.
V onhof explained the variance granted was for garage setbacks with the understanding
applicant build the garage and stay within the impervious surface coverage. Applicant can
build the garage and make the driveway narrower.
MOTION BY KUYKENDALL, SECOND BY WUELLNER, TO CONTINUE THE
MATTER TO THE NEXT MEETING WHEN CLARIFICATION BY STAFF CAN BE
MADE REGARDING GRAVEL REQUIREMENTS.
Vote taken signified ayes by Kuykendall, Wuellner, Stamson and Vonhof. Criego nay.
MOTION APPROVED.
C. Case 96-067 - Eagle Creek Villas request a 21 foot front yard variance for properties
at 4170-4176 CJ Circle.
Jane Kansier reviewed the Staff Report dated August 12, 1996. Staffrecommends approval
of the requested variance. Circumstances surrounding this property are somewhat unique
and the hardship criteria had been met.
MN081296.DOC
PAGE 4
1,
Attorney, Bryce Huemoeller, on behalf of Eagle Creek Villas explained the lot was part of a
townhouse project started in 1983. Eagle Creek Villas bought this one which was originally
approved for four units. The area around the unit is controlled by associations. The
applicant talked to the City and felt there were no variances needed. Applicant feels there is
a hardship and is eligible for a variance. They would like to use the property in a reasonable
and sensible manner building three units which would be better than the original four units.
The City affirmed it was a buildable property and applicant followed all of the procedures.
The property is unique and there are no other alternatives.
Comments by Commissioners:
Criego:
· The hardship is made.
· The developer had approval from City.
· Agree with staff recommendation to approve variance.
V onhof:
. Concurs.
Hardships have been met. Builder is restricted by the constraints of the association and the
building envelope. Also there was an apparent error by the City at an undetermined time.
· The problem is not with the present property owners.
Kuykendall:
· Agree with hardships 1 and 3.
· This is more of a Planned Unit Development.
· No major problems.
Stamson:
· Concur with the Commissioners.
· The problems are mistakes made by the City and/or the problem with developing at different
times.
Wuellner:
· The building envelope is the same as it was in 1983.
· The application for the building permit showed the same site plan.
· The analysis to the PUD is correct.
MOTION BY VONHOF, SECOND BY KUYKENDALL, TO APPROVE RESOLUTION
956-25PC.
Vote taken signified ayes by V onhof, Kuykendall, Stamson, Wuellner and Criego.
MOTION CARRIED.
A recess was called at 8:36 p.m. The meeting reconvened at 8:47 p.m.
MN081296.DOC
PAGES
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_ . I s" - D Planning Case File No.
(]~ JoISt) I /_ (/ Property Identification No.
;JS .-' d () gO <V - City of Prior Lake
LAND USE APPLICATION
Cfb -DC;; 1
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~)
to (proposed zonin~)
o Amendment to City Code, Compo Plan or City Ordinance
o Subdivision of Land
Sheetsl~j!,pired) - f;......
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o Administrative Subdivision
~nditional Use Permit
rl::r Variance
Applicable Ordinance Section(s):
Applicant(s): f t1 L l..-Q- bt- ~~-
Address: ") -) (, ~ f: I 'i ~-:5
Home Phone:
Property Owner(s) [If different from Applicants):
Address:
Home Phone: y Work Phone:
Type of Ownership: Fee Contract for Deed _ Purchase Agreement---l.
t-,
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
To the best of my knowledge the infor Ion procided in this application and other material submitted is correct. In
addition, I have read the relevant Ions of the Prior Lake Ordinance and procedural guidelines, and understand that
app 'catio will not be proces tit deemed complete by the Planning Director or assignee.
.~ /It ~).- 0.-Qc,
Date
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
CONDITIONS:
Signature of Planning Director or Designee
Date
RECEIPT
NQ 29102
DATE~ (/.;,'7h
CITY OF
PRIOR LAKE
16200 EAGLE CREEK AVE. S.E., PRIOR LAKE, MN 55372
Received of fA/1/1 W-fl0 UL&-L- LlJi <
whose addreSS~gal description IS
the sum of Rnt ~PI~kAh; - f~/ dollars
for the purpose of r.
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$
11j,tJD
~. r.ence Invoice
Lf)tuU
Receipt Clerk for the C' y of Prior Lake
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
, 'r!ttr- of the City of:por Lake County of Scott, State of
Miunesota, being duly worn, says on the ~ day ~?'lshe served
the attached list of persons to have an interest in the't/~
~ itCjf/ - f)h 7 ' by mailing to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of , 1996.
NOTARY PUBLIC
MAILAFFD.DOC
PAGB
NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCE:
A 5 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 21 FEET INSTEAD OF THE
REQUIRED 25 FEET FOR THE CONSTRUCTION OF A THREE-UNIT TOWNHOUSE
BUILDING ON PROPERTY LOCATED IN THE R2-URBAN RESIDENTIAL DISTRICT AND THE
SD-SHORELAND OVERLAY DISTRICT IDENTIFIED AS 4170-4176 CJ CIRCLE.
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, August 12, 1996, at 7:00 p.m. or as soon thereafter as
possible.
APPLICANTS:
Eagle Creek Villas
7765 East 175th Street
Prior Lake, Minnesota 55372
SUBJECT SITE:
4170-4176 CJ Circle, legally described as Lots 1-4, Block 4, Second
Addition to Lakeside Estates
REQUEST:
The applicant is proposing to construct a 3-unit townhouse building on an
existing lot which will have a front yard setback of 21' instead of the
required 25 feet.
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.
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: July 31, 1996
96-067va\96067pn.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
LAPRY GENSMER
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VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRA IL 5, E.
PRIOR LAK~ MN 55372
OFFICE. 447-2570
FAX: 447-2571
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DESCRIPTION:
Lot" L 2, 3, & 4, Block 4, SECOND ADD'N TO LAKESIDE ESTATP.5, Scott County,
Minnesota. Also showiny the location of the pe-opoaed hOllse, as staked this 23e-d
day of April, 199b.
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NOT~S' Benchn~e-k Elevation 921.44 Top nut of Hyde-ant at 58 cae-nee- of OUtlot P.
921.4 Denotes existing ge-ade elevation
920.5 Denotes pe-oposed finished ge-ade elevations
Denotes pe-oposed dicection of finished ""dace de-ainage
Set the pe-oposed gae-aqe slab at elevation 920.67
Set the top of. block at elevation 921.00
The lowest flooe- elevation will be at 917.96
Net Lot ae-ea = 5,400 sq. ft.
REV 4/30/96 TO SHOW PROPOSED BLDG. a GRADES.
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Prior l.ill{e, MN 5:d.'2
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Prior Lake, MN 55372
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:1173 C J Circle
Pric'f Llkf:\ MN 553'1.2
4151 (.:ares Street S.b.
Pnor u.l.kc, MN J53n
Cheri i\ Frefse
'l175 (' J Cj:~c1e
Prior Lake, MN 55372
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Prior Lake, MN
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Pnor Lake. MN
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Prior Lake, MN 55372
E1izabeL~ M. CzywczvHski
n C' J Circle
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DATED.
July 11. \ ~19b al 8,(t;) a~nl.
KOHLRUSCH SCOTT/CARVER ABSTRACT CO., lNC.
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This search '.\ias prepared wIth due dil1genc,e and every dWn "Aas allh1o::
to ensure the accuracy of this search, however. Kohiruscl1 Scom C"rvi;:t
Abstract Cn Tne accepts no liabilIty for errors and/or o.rmSSlOfiS tltl~m.
NOTE:
Pi PC
CITY OF PRIOR LAKE 16200 EAGLE CREEK A VENUE SE, PRIOR LAKE, MN 55372
Date: JI-IJ11fo
Number of pages including cover sheet: 4-
TO:~~
,/
Phone:
Phone:
(612)447-4230
(612)447-4245
Fax phone:
Fax phone:
cc:
REMARKS:
o Urgent
o For your review 0 Reply ASAP
o Please comment
Jh -)uM~(
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HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
Irmrn ~ rn O~ @ r~j
!ir\t t<<W 8 ~ /,11,
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JAMES D. BATES
BRYCE D. HUEMOELLER
November 7, 1996
Telephone (612) 447-2131
Telecopier (612) 447-5628
Donald Rye
Prior Lake Planning Director
16200 Eagle Creek Avenue
Prior Lake, MN 55372
Re: Cates Street Condominium
Dear Don:
I enclose a signed Declaration to Combine Lots. I believe a draft of this was
previously sent to the City for you to review with Susan Pace.
Perhaps you could call me with her comments.
Sincerely yours,
rkll /)
I&~'\~V-.
Bryce D. Huemoeller
BDH:jd
Enclosure
cc: Eagle Creek Villas, LLC
" ..
DECLARATION TO COMBINE LOTS
This declaration is made this 'd-S~day of October, 1996, by EAGLE CREEK
VILLAS, LLC (the Declarant), as owner of Lots 1 to 4, Block 3, Second Add'n to
Lakeside Estates, Scott County, Minnesota (the Lots).
RECITALS
The Declarant has applied to the City of Prior Lake for a building permit to
construct a 4 unit building on the Lots. Since the boundaries of the units in the
proposed building will not conform to the existing lot lines of the Lots, the Declarant
intends, upon substantial completion of the building, to add the Lots and the building to
Cates Street Condominium, Common Interest Community No. 1037, a condominium
being formed under the Minnesota Common Interest Ownership Act on Lots 1 to 4,
Block 4, Second Add'n to Lakeside Estates. To facilitate issuance of the building
permit on the Lots, the Declarant has agreed not to individually conveyor encumber
any of the Lots prior to the addition of the Lots to the Condominium.
DECLARATION
In consideration of the issuance of building permit to construct a 4 unit building
on the Lots, the Declarant hereby declares that the Lots shall thereafter for all purposes
constitute one single parcel of record and shall not be individually conveyed or
encumbered unless and until one or more of the following shall occur:
1. The Lots shall be further subdivided in accordance with applicable Prior
Lake ordinances to conform to the units as constructed within the building; or
2. The Lots and the building shall be added to Common Interest Community
No. 1037.
This declaration shall bind the Declarant and its successors and assigns with
respect to the Lots and may not be amended without the prior written consent of the
City of Prior Lake.
1
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STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this d~day of
October, 1996, by John E. Mesenbrink, the Chief Manager of EAGLE CREEK
VILLAS LLC, a Minnesota limited liability company, on its behalf.
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No ubli;
8.. JULIE ANN DEUTSCH
JJ NOTARY PUBLIC. MINNESOTA
scan COUNTY
My CommiSsion Expiles Jan. 31. 2000
This instrument was drafted by:
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
2
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in compliance with the Prior Lake Storm Water Management Plan
and approved by the City Engineer.
In all commercial and industrial zoning districts and for public
recreational uses, new construction on conforming lots or an
existing site being altered, remodeled, or expanded which
expands the existing impervious surface coverage may be allowed
where necessary provided the site conforms to the Prior Lake
Storm Water Management Plan, Best Management Practices and
is approved by the City Engineer, provided the impervious surface
coverage does not exceed seventy-five (75) percent of the total lot
and provided the following stipulations are met:
1) All structures, additions or expansions shall meet setback
and other requirements of this Ordinance.
2) The lot shall be served by municipal sewer and water
3) Storm water is collected and treated in compliance with the
City Storm Water Management Plan and Best
Management Practices. Such treatment may be comprised
of either on-site control, access to the City's storm water
control system, or a combination of both, to be approved
by the City Engineer.
c. Impervious surface coverage for all commercial and industrial
zoning districts and for public recreational uses may be allowed to
exceed seventy-five (75) percent of the total lot or exceed existing
conditions on the lot which are over seventy-five (75) percent
provided the following stipulations are met:
1) A conditional use permit is submitted and approved as
provided for in Section 9.7 of this Ordinance.
2) Improvements that will result in an increased rate of runoff
directly entering a public water shall have all structures and
practices in compliance with the City Storm Water
Management Plan in place for the collection and treatment
of storm water runoff or will be constructed in conjunction
with a conditional use permit application.
3) All the conditions in B.1.b 1 )-3) above are satisfactorily
met.
d. Measures for the treatment of storm water runoff and/or
prevention of storm water from directly entering a public water
include such appurtenances as sediment basins (debris basins,
desilting basins, or silt traps), installation of debris guards and
microsilt basins on storm sewer inlets, oil skimming devices, etc.
C. Additional Special Provisions:
1. Residential subdivisions with dwelling unit densities exceeding those in
Sections 9.3.A.1 and 9.3.A.2 can only be allowed if designed and
approved as residential planned unit developments under Section 9.11 of
this Ordinance. Only land above the ordinary high water level of public
waters can be used to meet lot area standards, and lot width standards
Section 9, Page 6
October 3, 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.
Eagle Creek Villas
Thomas Mask
Resolution 9625PC
Resolution 9624PC
Thank you.
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~ie Carlson
Planning Dept. Secretary
enc.
16200 Ea'gl~e%ek Ave. S.E., Prior Lake, Minnesotcl''55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~c\Z'~~ etl..~e-1) s~" ~L.C 'f?_
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
~ 211996
",.
JAMES D. BATES
BRYCE D. HUEMOELLER
June 27, 1996
Telephone (612) 447-2131
Telecopier (612) 447-5628
Donald Rye
Prior Lake Planning Director
16200 Eagle Creek Avenue
Prior Lake, MN 55372
HAND DELIVERED
Re: Eagle Creek Villas LLC
Dear Mr. Rye:
This letter outlines the position of Eagle Creek Villas LLC on the zoning
questions raised at its Bluff Heights and Cates Street projects.
BLUFF HEIGHTS
The building permit for the four unit condominium building proposed for Lots 1
to 4, Block 2, Bluff Heights Second Addition, has been delayed because of a question
on the applicable setback and the proper method for combining the four lots into one
parcel.
I. The townhouse project was established in 1979 by the recording of the plat
and declaration and the conveyance of Outlot A to the homeowners association. At that
time, a four unit building was constructed within Bleck 1. The front yard setback in
1979 was 25 feet, so the initial building was a conforming structure when built.
Even if the collector street setback would now apply to the proposed building on
Block 2, it is our position that Section 4.I(F) of the Prior Lake Zoning Ordinance
would establish the minimum front yard setback for Block 2 to be the same as the
setback for Block 1, since Block I would constitute the only adjacent parcel (the lots in
Bluff Heights Addition would not be considered as adjacent for the purpose of this
section). By virtue of the application of Section 4.1 (F), no variance is required for the
proposed building on Block 2.
2. To issue the building permit for the proposed condominium building on
Block 2, the City is requesting a survey that describes the block without showing the
interior lot lines . We believe that this is an arbitrary and unreasonable requirement.
. !'
Donald Rye
Page 2
June 27, 1996
The four lots are under common ownership. There is no formal procedure under
either the Prior Lake Zoning Ordinance or Subdivision Ordinance for formally
combining lots. The procedures referred to (such as an administrative land division
under Section 6-1-3 of the Subdivision Ordinance) relate exclusively to the subdivision
(not the combination) of land. The applicant should be entitled to simply designate the
four lots as a single combined parcel for purposes of its building permit application.
To the extent that the building official has additional concerns, conditions can be
attached to the issuance of the permit or to the issuance of the certificate of occupancy,
such as:
(a) The issuance of the building permit can be conditioned upon the
applicant furnishing the proposed condominium declaration. It should be noted,
however, that requiring the declaration to be filed as a condition to issuance of the
permit would be unreasonable, since Minn.Stat. ~515B.2-101(c) provides that the
declaration cannot be recorded until an engineer or architect certifies that all structural
components and mechanical systems of the building are substantially complete.
(b) The issuance of the certificate of occupancy can certainly be
conditioned upon the applicant providing evidence that the condominium declaration
and CIC plat have been properly filed, since at that time the required engineer or
architect's certification of substantial completion of the building can be obtained. The
use of such a condition appears to be contemplated by Section 7.2 of the Prior Lake
Zoning Ordinance, which provides that the zoning officer may condition the granting of
a certificate of occupancy upon such terms and conditions as are deemed necessary to
comply with the building inspection report.
CATES STREET
Eagle Creek Villas LLC is presently constructing a three unit building pursuant
to a building permit issued by the City on Block 4, Second Add'n to Lakeside Estates.
A four unit building, conforming substantially to the existing lots lines, is also proposed
for Block 3. Block 3 was purchased and plans for the four unit building were prepared
after being advised by City staff that Block 3 was buildable without setback or other
variances. It now appears that the 25 foot front yard and 15 foot side yard setbacks
may be applied to Blocks 3 and 4, notwithstanding the prior determinations by City
staff that the lots are developable as lots of record without the necessity to obtain
setback variances.
.. , ..-
Donald Rye
Page 3
June 27, 1996
1. We believe that the City should be barred by estoppel at this time asserting
the setback issue to stop construction or prevent occupancy of the existing building on
Block 4. The building permit application was processed and approved based upon a
determination by staff that the lots either complied with or were exempt from the
current setback requirements. The applicant has complied with all requirements set
forth by the City for the building permit, has paid all applicable fees, and has made a
substantial and irreversible investment in reliance on the City's actions. It is simply too
late at this point to reconsider the setback issue.
Nor is there a basis for withholding the certificate of occupancy because of
concern over a possible setback violation. Section 7.2 of the Prior Lake Zoning
Ordinance permits the zoning officer to deny issuance of a certificate of occupancy only
if the property does not pass the building inspection. There is no authority to withhold
the certificate for an issue such as a setback problem that was discussed and resolved by
staff before issuance of the building permit.
2. Although we believe that the City should be estopped from asserting the front
yard setback issue in connection with construction of the proposed building on Block 3,
and would appeal such a determination by the zoning officer, the construction of a four
unit building conforming to the perimeter lot lines of Block 3 is a reasonable use of the
property within the meaning of the Rowell case that would require the issuance of a
setback variance for the proposed building.
In summary, it is the position of Eagle Creek Villas LLC that the building
permit for the proposed Bluff Heights building should be immediately issued, subject to
an appropriate condition regarding the filing of the condominium declaration and CIC
plat prior to issuance of a certificate of occupancy; that the refusal to issue a certificate
of occupancy for the building on Block 4 of the Cates Street project be rescinded; and
that the City should affirm that a building permit will be available for Block 3 without
the requirement of a variance.
Sincerely yours,
< ~\~
Bryc; D. Huemoeller ~
BDH:jd
cc: Eagle Creek Villas LLC
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MINUTES of the Proceeding, of the Village Council of the Village of Prior lake In the County of $co" anlllStCllf. of
Mlllne,ota, Including all accounfl audited by tOld Council.
r:-
MINUTES
LI Q. COMM.
8&0, HOLLY-
WOOD INN
ST. MICHAEL:;
o
ORD. 78-12
DEEP ROCK
LIQ. LIC.
PROJECT
78-1
o
CY SCHWEICH
RElONING REQ.
LAKES I DE
ESTATES
August 7, 1978
The Common Council cf the Citfl of Prior Lake met in regular session on
August 7,..978 at 7:30PM. Pre"~ent were Mayor Stuck, Councilmen Bissonett,
BUBse, Hafermann and Watkins, City Manager McGuire, City Engineer Anderson,
City Planner Graser and Attorney Hi~ks.
The minutes of July 24, 1978 were reviewed. Page 2, paragraph l~,line 8,
should read, "... I' In kinda opposed...". Motion was made by Busse 1:.0
approve the minutes as amended, seconded by Watkins and upon a vote taken
it was ,duly passed.
City Manager McGuire spoke for the Liquor COnmUssion concerning the
B&D bar license tZansfer, the Hollywood Inn license transfer, the
St. Michael's request tor a 3.2 license and the closJ.ng dme for Off-Sale
liquor establishments.
Motion was made by Bissonett to transfer the license of the B&DBar from
Jerry Hafermann to Doug Bartells, Tom Bluth, Larry Gens:nore, and Brad Rothum,
seconded by Watkins and upon a vote taken it was duly passed.
Motion was made by Watkins to transfer the license of the Hollywood InTJ
Bar to Patrick and Geneva Sheehan, seconded by Busse and upon a vote taken
it was duly passed.
Motion was made by Watkins to approve the 3.2 license to St. Michael's
Church for the annual Pork & Suds celebration, seconded by Bissonett and
upon a vote taken it was duly passed.
The Council considered Ordinance 78-12, an ordinance permitting the sale
of Off-Sale liquor until 10PM on Friday and Saturday nights.
Motion was made by l3issonett to adopt Ordinance 78-12, an ordinance
,repealing Ordinance 77-9 extending the hours for Off-Sale liquor, seconded,
by Busse and upon a vote taken it was duly passed.
Uotion was made by Busse tn table tbe discussion of granting a 3.2 license:
to the Deep Rock station until a future meeting, seconded by Watkins and
upon a vote tak'.,:,J.t Ifas duly passed.
City Engineer Anderson reported on t,he bids taken last "edrJ.elldlJiJfQi
Project 78-1, Hartinscn Isla.nd-Manitou Road setterand.Mater., '21here';;"
Ifere tlfO bids offered which were Orfe1. and Sons at $713,036.6i''itnd ·
NOdland and .~ssoc. for $800,633.00.
Motion was made by Hafermann to award the contract for Project 78-1
to Orfei and Sons for the amount of $713,036.63, seconded by Bissonett
and upon a vote taken it was duly passed.
1:or the pr~ces g~ven as $150 i:or the first page and $100 for the secoild
page, seconded by Busse and upon a vote taken it was duly passed.
At 8:10PM a public hearing was called to order for the Cy Schweich
rezoning request. Mr. Schweich was present requesting a zoning change
from R-2 to R-l and R-3 for his plat of Lakeside Estates.
Mr. Steve Johnson was present to object to the kind of multi-family
units proposed bl) Mr. Schweich in that neighborhood, as Ifas Mr. Tom
Sylvester.
City Planner Graser presented the Planning commission findings and
also presented "Exhibit 'A''', a map oE Lakeside Estates.
Motion was made by Busse to approve the request of changing the R-2
zoning to R-l for Lots 1-10, Block 2, Lots 4, 8-10, Block 1, seconded by
Hafermann and upon a vote taken it was duly passed.
Motion was made by Bissonett to leave the R-2 for lots 1-3,5-7, and 12,
Block 1 with a conditional use permit for 4-plex construction, seconded
by Busse and upon a vote taken it was duly passed.
;.....F~"
J
tion>wasmadeby Bissonett to direct the Citg Engineer to prepare an easement,
o survey it, stake it: and then after its acceptance the Citg would go in to ,,'.,
inishtheend of the culVP-I't using, rock flume down to the waters edge and to -:':,~
keastudy of the drainage problems in that area and to seek the other alternat...ve-";-
f runr.ing some of the storm water cocUng down to the northwest and that the
curos be raised and possibly to a,greater type curb in thedrivewag, secondedbg
'a1:k1ns and upon a vo1:e taken it was duly passed.
...., ' ",',',," '
yt;-.
: '_ ~ .'- - )l~
M:>t.tc'!a,1MS,4IIIdebg ~ b) au1:boc.iJre ebeCit:g Nanager Q) aquire t"llie overl:IeiiMJ?"":".
rlfl~ for t:Ieo a.:m ~ .aa.iJXe"ilDU'lftU:lt4Ulg-" ~ bv Busse am ttpcao
a vote taken it was duly passed.
-~-'
MINUTES of the Proc..."<<fln,. of the Villa,. Council of the Villag. of P,lor Lak. In the County of Seo" and Stat. of
Miannota,lncluding all accounts audited by said Council.
r
!
Page 2
8/7/78
LAKES I DE
ESTATES
Motion was made b". Hafermann to approve the rezoning from R-2 to R-3 for
Lot 11, Block 1, for a 12 plex, seconded by Busse and upon a vote taken it
was dulg passed. Mayor Stock abstained.
Motion WdS made by Busse to acjourn the public hearing, seconded by Hafermann
and ~pon a vote ta~en this public hearing was adjourned.
&. Nex1: on the agenda was the request from Mr. McConnell and Mr. Aggerich for a
lift station. The two property owners have requested that the city install and
maintain a lift station for the owners.
yor Stock requested that Mr. McConnell and Mr. Aggerich contact the City Manager
to set up an appointment with him and the City Engineer to discuss the installation
the, method of payment.
Jim Hason was present to request the installation of a storm sewer without a
rmanent easement on his property. Staff's recommendation was again.c;t this.
. Hason presented the Council with four pictures showing different view~ of
e now, present storm sewer.
yor Stock requested that Mr. Hason give the City a 10' permanent easement
which after t:heCity would correct the flume going into the lake using
rock basis, and the engineers would study the drainage for the area.
tthispointof,the agenda~.J numberofresidentsfrc" Shady Beach Trail and
Nortb ShoreCreBt area were present concerh1l'.g f:heAIlMc, Inc. decision made
two..eeksago.
After, a lengthy discussion, Mrs. Harge Kbney asked fora recognized time on
a future agenda for the people to come back for further discusslon. August 21,
a'~ 8:30PM was set aside for the hom.:: olmers in that area.
City Bnglneer Anderson presented the estimated cost of repairing ,the Hain Street
BLDG. 'lIaintenanceBulldlng. He received a quote frOlll Mertens Lumber of. $832.00
fori.lUlt:allingan8~xB'and a 12'x8' overhead wood door.
ltg Jlanager McGuire requCJs1:ed authorlzatitllJ 1:0 fill the assessment clerk posltion.
1:J.on was made by Watkins to authorlzethe CH~ ""nager to fill the positlon
f assessment clerk, seconded by Blssonett and upon a vote taken it was duly passed.
tion was made by Watkins to adopt ~8-11 .IS amended by the City Bnfi~'1eer, ;
ordinance concerning the JliiCC Strength Charge , seconded by Busse and upon
vot.taken it: was duly paned.
ion w.s -a. b!l BUll.. to approve the Hardshell of GrdnttOOd We.t contingent
pon the .igning of the developer's agreement and before the hardshell is released
o the developtlr that the setter and water as bull t plans and the easement be
~videdto' the Clty Engineerp seconded by Watkins and upon a vote taken it
as duly paDsed.
tlMt . barrlcad. be pl.ced at the dead end street of
lIt,tion was ..de by "atki"" to adjourn, secon:1et! In 'oI~"rmann aHd upon a vote
f:&Jten Ws ..t1ng 1M. adjourned at ll:JOPN.
.4'
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0)11
City Property Information System
City of Prior Lake, MN
Parcel Status
Run at 2:52 PM on 07/19/96
PAGE
1
Property Identification Number: 252080130
Previous PIN: 252080130
Street Address: 004170 CJ
City, State Zip: PRIOR LAKE, MN 55372
Fire Code: 000000
Occupant:
Code: N
Est. Area: 1,380
Number of Units: 1
Tax Capacity Value: $50
Market Value: $2,000
Year Built: 1996
CI
Land Use: 201
Zoning: R2SD
Storm Sewer District: 0000
Election District: 2
School District: 719
Park Dedication Fee: $0
Actual Use: SF
Census: 809.01-03
Flood District: NO
TIF District:
Park Dedication Sq Ft: 0
City Property Information System
City of Prior Lake, MN
Parcel Status
Run at 2:52 PM on 07/19/96
PAGE
1
Property Identification Number: 252080140
Previous PIN: 252080140
Street Address: 004172 CJ
City, State Zip: PRIOR LAKE, MN 55372
Fire Code: 000000
Occupant:
Code: N
Est. Area: 1,320
Number of Units: 0
Tax Capacity Value: $50
Market Value: $2,000
Year Built:
CI
Land Use: 204
Zoning: R2SD
Storm Sewer District: 0000
Election District: 2
School District: 719
Park Dedication Fee: $0
Actual Use: V
Census: 809.01-03
Flood District: NO
TIF District:
Park Dedication Sq Ft: 0
I
City Property Information System
City of Prior Lake, MN
Parcel Status
Run at 2:52 PM on 07/19/96
1
PAGE
Property Identification Number: 252080150
Previous PIN: 252080150
Street Address: 004174 CJ
City, State Zip: PRIOR LAKE, MN 55372
Fire Code: 000000
Occupant:
Code: N
Est. Area: 1,320
Number of Units: 0
Tax Capacity Value: $50
Market Value: $2,000
Year Built:
CI
Land Use: 204
Zoning: R2SD
Storm Sewer District: 0000
Election District: 2
School District: 719
Park Dedication Fee: $0
Actual Use: V
Census: 809.01-03
Flood District: NO
TIF District:
Park Dedication Sq Ft: 0
.~
City Property Information System
City of Prior Lake, MN
Parcel Status
Run at 2:52 PM on 07/19/96
PAGE
1
Property Identification Number: 252080160
Previous PIN: 252080160
Street Address: 004176 CJ
City, State Zip: PRIOR LAKE, MN 55372
Fire Code: 000000
Occupant:
Code: N
Est. Area: 1,380
Number of Units: 0
Tax Capacity Value: $50
Market Value: $2,000
Year Built:
CI
Land Use: 204
Zoning: R2SD
Storm Sewer District: 0000
Election District: 2
School District: 719
Park Dedication Fee: $0
Actual Use: V
Census: 809.01-03
Flood District: NO
TIF District:
Park Dedication Sq Ft: 0
SURVEY PREPARED FOR:
LARRY GENSHER
VALLEY SURVEYING CO. I P. A.
16670 FRANKLIN TRAIL S. E.
PRIOR LAK~ HN 55372
OFFICE: 447-2570
FAX: 447-2571
206 LAKERIDGE DRIVE
PRIOR LAKE, MN. 55372
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DESCRIPTION:
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Lots 1, 2, 3, & 4, Block 4, SECOND ADD' N TO LAKESIDE ESTA'I'F..s, Scott County,
Minnesota. Also showing the location of the proposed house, as staked this 23rd
day of April, 1996.
NOTES' Benchmark Elevation 921.44 Top nut of Hydrant at SE corner ofOUt10t F.
921.4
920.5
Denotes existing grade elevation
Denotes proposed finished grade elevations
Denotes proposed direction of finished surface drainage
Set the proposed garage slab at elevation 920.67
Set the top of block at elevation 921.00
The lowest floor elevation will be at 917.96
Net Lot area = 5,400 sq. ft.
REV. 4/30/96 TO SHOW PROPOSED BLDG. a GRADES.
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REGISTRATION NO. 10183 DATE _f.:~:.?G
FILE NO. fl2?Q BOOK .?_'.?_ PAGE _~2_
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