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Home My WebLink About96-106 Appeal Variance Denied December 4, 1996 Chris Deanovic Hillcrest Homes 16714 Jaguar Avenue Lakeville, MN 55044 Dear Chris, Enclosed please find a copy of a resolution passed by the City Council on December 2, 1996. The resolution is formal action approving your appeal. You can continue construction of your single family dwelling, located at 5600 Fairlawn Shores Trail, as approved under Building Permit #96-608. Please call us if you have any questions. Sincerely, OJj1,'Yt~ Je,U141 \-r!::ni Tovar Planner L TR.DOC/JKT 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. RESOLUTION 96-111 UPHOLDING THE RECOMMENDATION OF THE PLANNING COMMISSION IN THE MATTER OF AN APPEAL OF A DECISION OF THE ZONING OFFICER RELATING TO SETBACK AVERAGING, CASE NO. 96-106, AND APPROVING THE USE OF SETBACK AVERAGING FOR HILLCREST HOMES ON PROPERTY LOCATED AT 5600 FAIRLA WN SHORES TRAIL MOTION BY: Kedrowski SECOND BY: Schenck WHEREAS, the Prior Lake City Council conducted a hearing on the 18th day of November, 1996, to act on an appeal by Hillcrest Homes of the Zoning Officer's denial of a request to use setback averaging for property legally described as Lot 24, Fairlawn Shores; and WHEREAS, the City Council finds that the appeal meets the standards for setback averaging set forth in Section 5-8-3 (0, 2) of the City Code, and that the appellant has set forth adequate reasons for overturning the decision of the Zoning Officer; and WHEREAS, the Planning Commission has recommended the City Council overturn the decision of the Zoning Officer: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. Hillcrest Homes appealed the decision of the Zoning Officer relating to the use of setback averaging as described in Section 9. D. of the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-l (Suburban Residential) District and the SO (Shoreland Overlay) District at the following location, to wit; 5600 Fairlawn Shores Trail, legally described as Lot 24, Fairlawn Shores 2. The Planning Commission reviewed the appeal as contained in Case File #96-106, held hearings thereon on October 28, 1996, and recommended overturning the decision of the Zoning Officer. 16200 ~C(!:~~ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3. The Prior Lake City Council reviewed this appeal on November 18, 1996. 4. The City Council has considered the effect of overturning the decision of the Zoning Officer 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. 5. The applicant demolished a dwelling on Lots 24 and 25 of Fairlawn Shores. The applicant would not have demolished the entire structure, if the demolition would have knowingly removed their opportunity to utilize setback averaging. 6. The unique circumstances and conditions regarding the property are no fault or cause of the applicants. 7. The applicant has applied for a building permit using setback averaging of the setback of the structure on Lot 23, Fairlawn Shores and the setback of the previously existing structure on Lot 25, Fairlawn Shores. 8. Overturning the decision of the Zoning Officer allows construction of a permitted use, as proposed, on this property. 9. Setback averaging does not negatively impact light, air or drainage on the site. 10. The contents of Planning Case File #96-106 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION Based upon the Findings set forth above, the City Council hereby overturns the decision of the Zoning Officer and concurs with the recommendation of the Planning Commission and approves the use of setback averaging to be used in determining the setback for the proposed structure from the Ordinary High Water Level of Prior Lake as proposed. The decision of the City Council to allow setback averaging to be used in this case is not meant to set a precedent for allowing setback averaging to be used with the setbacks of previously existing structures or that of structures that are not on adjacent lots. The circumstances in this particular case are unique, and thus warrant the overturning of the decision of the Zoning Officer not to allow the use of setback averaging. 1. The appellant may utilize setback averaging, provided the improvements shall be constructed in accordance with the certificate of survey submitted by the applicant (as part of the approved building permit) and attached to this resolution as Exhibit A. Passed and adopted this 2nd day of December, 1996. RES96111.00C Andren Greenfield Kedrowski Mader Schenck { Seal} RES96 I I I.DOC YES X X X absent X NO Andren Greenfield Kedrowski Mader Schenck City Manager, City of Prior L 1J SURVEY PREPARED FOR: HILLCREST HOM E 5 16714 JAGUAR AVENUE lJ~::~:~~,:,~<I~,~' MN\55044 Valley Surveying Co., P. A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE. MINNESOTA 55372 TELEPHONE (612) 4-17-2570 Lot 25, Fl\.ll-:L..\\^Il'J ;:)IIOI~J';:; I Scott Counl:y, (\1iI1I:p.~;ot:n. ^I1U that pcH:"t ot L,:,,""lL ;"~b, 01. sold p.lilt lyi.nq w(~t;tecly of the 1.(\1 towi.nq d(~Scl:ihed l.i,-no: P.(.><;I.i.llnill~l Hr. :.1:) 5outhwetiler-ly cor~nl?r of.' ::;aid Lut /Jj; thence norr.h~~€l,st~~l"I,,/ ':.. <.1 point all t.hE? flot"lhecl y 1 i.1l1] 01: ~3il id Lot .?\) r disl>1lJt I.,.. ...:,,, [f~P.t: f;outh'2;l;~tE!C Ly or 1:11<:, IlOt'U1W0.:itCl'.1 y corner.- 01. n;ltd Lot /~'.. cHld then~ tr?rrnirwtirlq. i\l'so nhOWlJ1f) t1l1.:? lOCilt lOll oc ..,11 existing iJTl"pr.ovl_:."rl1(~IIL:; as :~1Jrvr'?yecl this J.l.th d,'1' ",{ ,Ill,''', ','.'"t,. lot Aren above El, 90'I,Ci= 0,055 sq,ft, PlY lOfT > 90, 1..A.1(t::- ./ '< <:, S " /96 -------- fv6So _. 2</, . 62 </ l"', 2/_. ,y !'l'~:i'1'::~ I 1'.f:ll'.:lljl\.:ll~, Llcv;:ltiol1 9J1.C;h top Ilut ol hyc!o ill ,:.. /,,'1 '~J')~, J~ D~not(-!:.l r;o:df:tinq tJc'ld{~ elp'vilt:jon I \ 2: (:~ .UJ : ~~ :._ rv 'V 0) : . (O,-,\"~"",("0(l ~r;~ O<~ T . ~ ..)6:" ('Or.,.. (i 0,,'"000 ,--, >-- ............~.9J '1'0 / ~I Sf. 4R G ' c{/lfi'(l(;c 0.1.1 n, H OlJ$ E ~ ---------- -. q S ------.___ 50 ,86m ~~;. {L. ----N-'Z60 Plo, eos, ./0 ~4~..3..:W 9JSOS S\.....,~ ______ 01 (0; :oorn.r 9~~.19 f;C'.~ Q.)5.% ------ -f~!JJ___ LA W '~'''' --------'i----~'i?t? t: S -------If? A I L ~--- o Oenol6' 1/2 inch 'x 14 inch iron tTlonUtfW!T1t Hf ond rnorktd by LI':f'''~e No IOr03 . Dena'o Iron monumenr fOlJrd RfV, 7/31/96 To ,hO\'r' 101 Afro & dlsl. fo 904.0 on od}olninq lols I ht'rrby certify that rt'ir ~y w(n prlporffi by me' or und~r my dirtC' 'uP~v;.ion and thol ~~ duly /;Cfn,ed Land SITV.,..or vnd.,- tht /'IO~f the sr.~tAl1 ,~'nnllfOlO. _ : .'/ ./"-'71 Ii // ,.. ...~ ~~./ .'~~t'~:;:./~'f.-;,t'J1r""""~"1" Dofe - (f~ic.nlf No. 10103 o 20 40 ~~~~ SCALE IN FEET "i:' n"T1"'r~ r ~~ Nod 'tf'I AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES RECOMMENDATION ACTION REQUIRED: STAFF AGENDA REPORT 4C JENNI TOVAR, PLANNER Jr;r- CONSIDER APPROVAL OF RESOLUTION 96-XX UPHOLDING THE APPEAL OF HILLCREST HOMES AND THUS, PERMITTING THE USE OF SETBACK AVERAGING DECEMBER 2, 1996 On November 18, 1996, the City Council considered an appeal from Hillcrest Homes, of the decision of the Zoning Officer to deny the use of setback averaging for the construction of a single family dwelling located at 5600 Fairlawn Shores Trail. The Council directed the staff to prepare a resolution, with findings of fact, overturning the decision of the Zoning Officer and approving the use of setback averaging as proposed. The attached resolution was drafted as directed and included the requirement that the proposed improvements shall be in accordance with the submitted certificate of survey. 1. The City Council may adopt Resolution 96-XX, upholding the appeal of Hillcrest Homes and the recommendation of the Planning Commission, and overturning the decision of the Zoning Officer to deny this request. 2. The City Council may adopt Resolution 96-XX with amendments as appropriate. Alternative #1 . rt of the consent agenda to adopt applcc2.doc 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-XX UPHOLDING THE RECOMMENDATION OF THE PLANNING COMMISSION IN THE MATTER OF AN APPEAL OF A DECISION OF THE ZONING OFFICER RELATING TO SETBACK AVERAGING, CASE NO. 96-106, AND APPROVING THE USE OF SETBACK AVERAGING FOR HILLCREST HOMES ON PROPERTY LOCATED AT 5600 FAIRLA WN SHORES TRAIL MOTION BY: SECOND BY: WHEREAS, the Prior Lake City Council conducted a hearing on the 18th day of November, 1996, to act on an appeal by Hillcrest Homes of the Zoning Officer's denial of a request to use setback averaging for property legally described as Lot 24, Fairlawn Shores; and WHEREAS, the City Council finds that the appeal meets the standards for setback averaging set forth in Section 5-8-3 (D, 2) of the City Code, and that the appellant has set forth adequate reasons for overturning the decision of the Zoning Officer; and WHEREAS, the Planning Commission has recommended the City Council overturn the decision of the Zoning Officer: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. Hillcrest Homes appealed the decision of the Zoning Officer relating to the use of setback averaging as described in Section 9. D. of the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 5600 Fairlawn Shores Trail, legally described as Lot 24, Fairlawn Shores 2. The Planning Commission reviewed the appeal as contained in Case File #96-106, held hearings thereon on October 28, 1996, and recommended overturning the decision of the Zoning Officer. 16200 Eg~I~6B'~SfAve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3. The Prior Lake City Council reviewed this appeal on November 18, 1996. 4. The City Council has considered the effect of overturning the decision of the Zoning Officer 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. 5. The applicant demolished a dwelling on Lots 24 and 25 of Fairlawn Shores. The applicant would not have demolished the entire structure, if the demolition would have knowingly removed their opportunity to utilize setback averaging. 6. The unique circumstances and conditions regarding the property are no fault or cause of the applicants. 7. The applicant has applied for a building permit using setback averaging of the setback of the structure on Lot 23, Fairlawn Shores and the setback of the previously existing structure on Lot 25, Fairlawn Shores. 8. Overturning the decision of the Zoning Officer allows construction of a permitted use, as proposed, on this property. 9. Setback averaging does not negatively impact light, air or drainage on the site. 10. The contents of Planning Case File #96-106 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION Based upon the Findings set forth above, the City Council hereby overturns the decision of the Zoning Officer and concurs with the recommendation of the Planning Commission and approves the use of setback averaging to be used in determining the setback for the proposed structure from the Ordinary High Water Level of Prior Lake as proposed. The decision of the City Council to allow setback averaging to be used in this case is not meant to set a precedent for allowing setback averaging to be used with the setbacks of previously existing structures or that of structures that are not on adjacent lots. The circumstances in this particular case are unique, and thus warrant the overturning of the decision of the Zoning Officer not to allow the use of setback averaging. 1. The appellant may utilize setback averaging, provided the improvements shall be constructed in accordance with the certificate of survey submitted by the applicant (as part of the approved building permit) and attached to this resolution as Exhibit A. Passed and adopted this 2nd day of December, 1996. 96-106RE.DOC Andren Greenfield Kedrowski Mader Schenck { Seal} 96-106RE.DOC YES Andren Greenfield Kedrowski Mader Schenck NO City Manager, City of Prior Lake SURVEY PF<€PARED FOR' HILLCREST HOMES !6714 JAGUAR AVENUE LAKEVILLE, MN 55044 Volley Surveying Co., PA. SUITE 120-C. /6670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE. MINNESOTA 55372 TELEPHONE (6/2 j 447 - 2570 EXHIBIT 'A ..~"7>' ... .....-.,.-.<.. , '..... ,:-, .,.,~><~ ......~ . . ';}o." '~""'- ;. / "........... . ~/ '. j ! Pf?/Of? fL ,.. 90..) / 1</ .... ~/6 I.. 4 I(C- 5 "'(I"Sf 1 j ~_I ----.;. ~ . "1: ""0" I tt:I 7"~_ t1.1Iv€ __ o,,~ ',"'--<,,,,, "'o"t "90 '. ~;;:f8'~f'" -"-, ..,.&+- ~ -: ;- 912.Z .:'~_ 'on 0, i . / - ; La -L' . '.---------.J"".):/ i I .~.."<\? l..o;'lvf" ~ -..t'.. ~ ~.!.,o 1'f' . ~'0-.. :~ ~/~~ OCC'l 926 ~ .1<1 f --"::~~-::'-i Cl(o/VO>\, Q) I ~.............. '0 '1<1 -'''0 ililr---_~, <$/ ..no, ,." V) 0 I --~:'._~~... . rv_ t/" ,f '. .. -.. - -...; -........ .... ~ I Q'J' ~ :;,:g I I' I 1- r'.c/r "'-7-., -- ~ .. ","",--'$ oV- .> _ / ..! I,~') 1 "'-rll) /", ,- -:, '8'0'1:,1-05"-1 :/ 0... :t/), J~;! ;;~~) HUH EL . .. ~ ~ ............-....~ 932.27 ~ /",*)" --':':':~:'-Ul tn'" n~?,--- 13~:; ::; ~ ...,. ~'--'" / .'> 'Is-- .,' '-, ~ I 0, ...08 EL. ~G L" ;. , . f,' /- .~: ~p.2T .-:~.~\ gf.c" b . 5l"..~)/;.' i'ROPJ "/~/~ l:~~C."'W~o..;E.U'l 1-~ .. '~/I .. "'Oi.J~E Sf;. "'",,0 GARAc,[ : 1,! ,", / E L r-<-.... SLA. (L I %; / '. I (~ .~ 9'6 4:3 .>> . / ., : I , " r~ J~I ..,.~~-L..4:- ~~ G.~.GC :iI' ~~. .: l 911,1'0 -'. ID7 fO .,~ 10': .. ~67 -/ ~~':'!J7 "~, I .~-,r-/. ~ l' I " I "'9~4 ,'~ :-20......_ I \ IS~p)' / I ,l'.. .. '. v.. y< , lRIV[W~y I ' ~~.. uP lL o ! I J'l' '-'9~363 , , I ' ~ / :] 'Oh 4S,., I , I ______.... --: --49.97 TC EL -'--<'---4l6~ glp,'reos.__ 954.61 r.c. [L-~~.w 934 0 6~ -"'-- 934.81 ,.:(/~( J.' "l1t ~04t o{ r "'~t .yo 0...,. DECAf 0 '-0,. <!:(o/' ~, -_) ~3 - ~.,~~,. '40 :::::::_ L: ~..; , '? ,'" ~'_O." 't' \ 9352 \O~A -'- ~ ------. :3~' f~ -- ----~Al!!LAWN 935. Pi SHORES rRAI L REV. II /13/96 TO ADO 4' TO PROPOSED HOUSE. REV. 10/24/96 TO SHOW ELEV. AT TOP OF BANK. REV, loj 21 / 96 TO SHOW liSE, a DECK ON LOT 26 a TOP OF BANK ON LOT 24. a TOE OF SLOPE (>~~SCRIP'l'hXI : Lot 2.:.}, ["I\J .,j, I. 110,)i,I~::.'" ':'~i.:utl: L01,lliC)", ,'llonc-SOC.il ~ 'd~'\o nl u\/ in.) t:tIC Joc,o;.. i.Ol~ or all existinlj ililtJt(}V'~ll.,nt:,; ,'l.~, ~~;li.,'ve)I"i.j t.i-li~; I~~tl, dt1Y or ,July, 19~)l"', La, Areo above NET IMPERVIOUS EL 904.0 87,336 14ft. SURFACE COVERAGE' 27.0% NOl'ES' PenCnJli,____',::~ t.lt'v,lc.ion ).~'I.r/; t~u~, 'lilt 01 hyd~ at t.oe, '.: .-'4 93~3.6 l;l,"h;t~('n ~:.v:istillq qt'dde r.:l~:vdtion ~,~'f.e\p~lb~~,J3 shoW _"ed """"e os Rev. 7/31196 To show 101 Area a dill. to 904.0 on adjoining loll. I hereby certify that thit ItM'\'t'I wal prepared by me or under my direct sup..,"i. ond thot , om a duly ',censed .Land SlI'Ve)'or under IIle /ow. of the Stat. of 1II1"","ot.. L,., .....'1</ .f Oaf. '!~i~~ ~~. !~i~t:~. , FIl.E No ----"~~ 8001{ 1 2t9 ._PAGE: ~ o L SCALE 20 4cf.'i~J?) [.E"OTES PROPOSED FINISHED GRADE ELEVATION I _-+- PENOTES PROPOSED [)IRECTlON OF S'JRFACE DRAINAGE SET PROPOSED GARAGE SLAB AT ELEVIITION 936 20 SET PROPOSED TOP OF BLOCK AT ELEVATION 936.53 SET THE LOWEST FLOOR AT ELEVATION 928.34 IN FEET o [)enot.. / /2 inch . /4 inch iron monument HI and marlced by Llcelll' No. /0/83 . Denotes iron montJl'Mllt found II Denote~ P K.- Nail set STAFF AGENDA REPORT DATE: 8D JENNI TOVAR, PLANNER CONSIDER APPEAL OF HILLCREST HOMES FROM A DECISION OF THE ZONING OFFICER RELATING TO SETBACK AVERAGING NOVEMBER 18, 1996 AGENDA #: PREPARED BY: SUBJECT: INTRODUCTION: Staff received a request from Hillcrest Homes to construct a single family dwelling using setback averaging from the Ordinary High Water Level (OHWL). Upon review of the facts, it became apparent that one of the adjacent lots is vacant, and thus setback averaging cannot be used. Hillcrest Homes has appealed this interpretation. DISCUSSION: During the summer of 1996, Hillcrest Homes approached the city regarding setbacks in the R-l Zoning District and Shore land District. The lots in question were Lots 24 and 25 of Fairlawn Shores ( common ownership), upon which was one single family dwelling with the front entry placed over the common lot line. The applicant was given zoning information including yard setbacks. The applicant was informed that setback averaging could be used by averaging the adjacent structures that were on the adjacent lots. Setback averaging can still be used, if the applicant combines Lots 24 and 25 and constructs one dwelling, as existed prior to the demolition that occurred in late September 1996. On September 26, 1996, the applicants received a demolition permit to remove the existing structure on Lots 24 and 25. Once the building was removed from the property line, the lots were then put into separate ownership, as to be developed into two separate single family dwellings. On October 11, 1996 the Building Department received an application for a building permit from Hillcrest Homes for the construction of a single family dwelling with attached 16200 ~ggfMi~~f(~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER garage on property located at 5600 Fairlawn Shores Trail (Lot 24). The proposed structure has a setback from the Ordinary High Water Level (OHW) of 60 feet. The applicants used setback averaging to determine the lake shore setback. Section 9. D (2) of the Zoning Ordinance relating to placement of structures in the Shoreland District states "On undeveloped shoreland lots that have two (2) adjacent lots with existing principal structures on both such adjacent lots, any new residential structure may be set back from the average setback of the adjacent structures from the ordinary high water mark of fifty (50) feet, whichever is greater, provided all other provisions of the Shoreland District are complied with. In no instance shall a principal structure by located in a shore impact zone or bluffimpact zone." Upon review by Planning Department, it became apparent that the adjacent lot to the east was vacant (Lot 25). A structure on the westerly adjacent lot is setback approximately 54 feet from the OHWL. Therefore, staff is of the opinion that setback averaging cannot be used because at the time of application for a building permit, there was no structure on the lot adjacent to the east to use in calculating a setback average. The Planning Commission has interpreted the zoning ordinance to allow the applicant to use setback averaging. The commission felt that the applicant could have used setback averaging if he would have left the existing structure on one of the lots (removed the front entry area only). Their interpretation is that the ordinance does not specify that averaging be permitted with "adjacent structures on adjacent lots". Consequently, the Planning Commission has recommended that setback averaging be allowed in this case. ISSUES: See attached report. ALTERNATIVES: 1. Uphold the decision of the zoning officer. 2. Uphold the position of the appellant. 3. Other specific action as directed by the Council. RECOMMENDATION: Uphold the decision of the zoning officer. 96-106CC.DOC/JKT 2 ACTION REQUIRED: 96-106CC.OOC/JKT Motion affirming the decision of the oning officer 3 October 18, 1996 Mr. Chris Deanovic Hillcrest Homes 16714 Jaguar Ave. Lakeville, MN. 55044 Dear Mr. Deanovic: At our meeting today, we discussed the issue of whether setback averaging could be applied to the lot you are developing on Fairlawn Shores Trail. I have reviewed this issue further and I have concluded that, because the original structure is gone and there are not principal structures existing on both lots abutting the subject property, setback averaging cannot be applied to the house in question. You have the right to appeal this decision to the City Council, Such an appeal should be in writing and directed to my attention. Please call me if you have any questions. d~'PO Donald R;j ~ Planning Director cc: Gary Staber 16200 ~~qq,{PS.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HHI HILLCREST HOMES, INC. 16714 Jaguar Ave., Lakev1l1e, Minnesota 55044 (612) 898-7663 Office (612) 898-3364 Fax !ij))[g <S G1 O~ ~,rr;1 ~ OCT 221900 .~. "A Builder Driven By guaUty Crq1bmanshfp and Value. H October 21, 1996 Donald Rye City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN S~?'f? Dear Mr. At our meeting on Friday, the planning department rejected our proposed use of setback averaging to determine the rear setback on one of our projects. We wish to ap to the City Council based upon the fonowing reasons: " " 1. Prior ~o the purchase of this property and the adjoining property, we ha meetings with the planning department going over codes and procedures. The purp was to ensure that the project was solvent, and that the plans we had would work 0 without having to apply for a variance. During these meetings we were informed ave could be used to determine the rear setback to the lake. With 0 purchase the property and tear down the existing struc the ed we applied for a b rmit on the adjacent lot, old at raging co t be used, since there was an empty adj d at the al structure on the property had to remain inorder to use se ave removed only the entry way that encroached the adjacen g . According to the planning department this would have adequate. However, we acted upon the information provided to us by the City of now find ourselves in this situation. " 2." The use of setback averaging as we understand is to ensure. a cohe ~ from the lake. Our goal all along has been to conform to the rest of the homes on th and ensure continuity with the existing structures on either side. If setback averaging is not used in this situation it drastically reduces the value of these parcels, as well as creates a void in the line of sight from the lake. As I mentioned during our meeting, we spent a large amount of time prior to purchase and demolition to ensure we would not run into a situation that we are faced with today. We acted upon information provided to us by the planning department. We should not be penalized for Builder License # 20036544 · Member of the Builders Association of the Twin Cities acting on this misinformation, especially since we could have acted differently upon the correct information had it been given, and we would not be in the situation we are today. I have enclosed a copy of the survey for your review. If you have any questions, or need additional information please give me a call. I await your reply. Sincerely, AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DA TE: INTRODUCTION: PLANNING REPORT 6A CONSIDER APPEAL OF HILLCREST HOMES FROM A RULING OF THE ZONING OFFICER RELATING TO SETBACK AVERAGING (Case File #96-0106) 5600 FAIRLAWN SHORES TRAIL JENNI TOVAR, PLANNER~)~ DONALD R. RYE, PLANNING DIRECTOR YES -1L NO-N/A OCTOBER 28, 1996 Section 5-6-4 of the City Code provides for an appeal process from decisions of the Zoning Officer. The Planning Director is the Zoning Officer in Prior Lake. The attached letter dated October 18, 1996 was sent in response to a meeting with Hillcrest Homes regarding the setbacks of a proposed single family dwelling with attached garage. A letter of appeal was received October 21, 1996 and a copy is attached. DISCUSSION: Section 9. D (2) of the Zoning Ordinance relating to placement of structures in the Shoreland District states "On undeveloped shoreland lots that have two (2) adjacent lots with existing principal structures on both such adjacent lots, any new residential structure may be set back from the average setback of the adjacent structures from the ordinary high water mark of fifty (50) feet, whichever is greater, provided all other provisions of the Shoreland District are complied with. In no instance shall a principal structure by located in a shore impact zone or bluff impact zone." On October 11, 1996 the Building Department received an application for a building permit from Hillcrest Homes for the construction of a single family dwelling with attached garage on property located at 5600 Fairlawn Shores Trail. The proposed structure has a setback from the Ordinary High Water Level (OHW) of 60 feet. The applicants used setback averaging to determine the lakeshore setback. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Upon review by Planning Department, it became apparent that the adjacent lot to the east was vacant. A structure on the westerly adjacent lot is setback approximately 54 feet from the OWH. Therefore, staff is of the opinion that setback averaging cannot be used because at the time of application for a building permit, there was no structure on the lot adjacent to the east to use in calculating a setback average. Upon consultation with the applicant, the rationale for the proposed reduced setback became known. This lot and the lot to the east were once under common ownership. The previous structure was placed such that the residence was primarily on Lot 25, with the entryway/foyer being located across the common lot line onto Lot 24, and the garage was on Lot 24. The applicant demolished the existing structures on both lots earlier this year. Lot 24 and Lot 25 are vacant and currently being developed as two separate lots with proposed dwellings. The applicant has proposed to use the setback averaging based on the setback of Lot 23 and the setback of the previously existing structure on Lot 24/25 or by using the setback of Lot 26 (two lots over). ALTERNATIVES: 1. Recommend to the City Council that it uphold the staff interpretation of the ordinance. 2. Recommend to the City Council that it accept the appeal and find that setback averaging using previously existing structures is in compliance with City Code provisions. 3. Defer action on this request for specific reasons. RECOMMENDATION: The staff has concluded that at the time of building permit application, Lot 25 was vacant and setback averaging for Lot 24 cannot be used. Staff recommends Alternative NO.1. ACTION REQUIRED: Motion and second expressing the opinion of the Planning Commission. 96086pc.doc Page 2 SURVEY FROM BUILDING PERMIT APPLICATION PROPOSED SETBACKS SURVEY PREPARED FOR HILLCREST HOMES 16714 JAGUAR AVENUE LAKEVllLE, MN 55044 ~~' -", " '- r.~.c / , ; ; / / I I i I Valley Surveying CO.. P A. SUITE /20-C. /6670 FRANKLIN TRAIL FRANKLIN TRAIL OFI"ICE CONDOMINIUM PRIOR LAKE. MINNESOTA 55372 TELEPHONE (612) 447-2570 PIY/O/? 1': ?/ ;;\)2 I,C! ~ ~If, 5 1..41(e- '<~ l-fi1 -"51' <:~;~:' "> - '~...p';.'~(. ('~o ..'..t.. l'. <t?f!1(O"~.tO~ L- ~ , , , , / ----- ',' --4997. ::~~' 5~ 1','i'eo!J....... _ ~ '___ Tt.E'L " 93&1 __.__ 9.14.. '5481 ~ . T.t'. U '35.10 ,~I r:-----._ r ' F I GA'lAGf r SLAfl F.t ~936_43 ---..:::.-- HUB EL 933.10 4\.'1: ' ,01./10 -~ 935.2---' ~ --!~~~(AWJv DESCRIPJ'WN: HUBEL 932.27 I .~ cOo, "'- O)~ ~/h !~ 'J C. ~. ....) flRIVfw".... / , , 101'<4$-, 1"-, '-.~ ,; 9"'-'9 . SHOREs 'rRAI ( Lot 204., l~'^JK.l~A\R; SHOHl~~';, ~;cott county, Ill' r,,'rp,','(,)t,'. 1 11 .. - -,;~ ^ so sh()VJin'J t:hE' locatiOf' of a eXlstJng Hiipt'Ov"~nts as SUL'veyed this L'th day at ,July, l'U, , Lof Area above EL 904.0 -7.33liIsq.ft. Nal'ES' B';~ncntil(-,c!-, 1:;Jevdtloll ~J~~"/ .i)t:; LO~J l1ut 01 hycJ. at i.l'.)l.', .iJ >~ ~'~i NET IMPERVIOUS SURFACE COVERAGE=2..8~. 20 93..3.6 i)f:!lt)l.:.~,~, ,,'xistillq ql.,lde ~~lpv,lt:ion o l SCALE FEET 4~ DENOTES PROPOSED FINISHED GRADE ELEVATION I' _ DENOTES PROPOSED DIRECTION Of SURFACE DRAINAGE SET PROPOSED GARAGE SLAB AT ELEVATION 936 20 SET PROPOSED TOP Of BLOCK AT ElEVATION 936,53 SET THE LOWEST fLOOR AT ELEVATION 92834 ~to'te'J'{,},'b9ltiJ;Jl.how _.ed""'" o. Re,. 7/31/96 To .how la' A.... II dltl to 904.0 on adjoinIng lot.. . I hereby certIfy the,-:""" """1 WGI ~ by me or tJn('t,.r myd tup.v;lion orwIlftot 10m 0 do/y II.... '..... $.-- _".. Iow~ of "" SICIiIIt of III_so,.. " ,_..'~, ~~. !' L"I. $ .'/.... ::,''-'_r~__ ( .,L,;~_.~." IN o Denol.. 112 Inch .,. inch iron mMUIlltnt H' _ marlt.d by ,."..... N"__,,nua:l SURVEY OF PREVIOUSLY EXISTING STRUCTURE AND GARAGE ON LOTS 24 AND 25 SURVEY PflEPflRED FOR: HILLCREST HOM E 5 16714 JflGU^R AVErJUE LAI(EVILLE, MN 55044 Valley Surveying Co., P A. SUITE 120-C. 16670 FRANKLIN TRA/L FR/lNKlIN TRIl/L OFFICE CONOOM/tIlUM PRIOR LAKE. MINNESOTA 55372 TELEPHONE (612) '147- 2570 DES"':H11"I'!I)i'J: Lot 21), 1",\.lI.:L.,W/l'I Sl1(jHI';:;, :~t;(1tt Cmllll:')', l"linl~r:-:;ot:il. ^IlU tll;1t 1'>!1ct al I,..."'t. ~~b, 01. .'3<,id p.li1t J.yi.lltj wC':itl'?cly ()f UlI.! I.ollowillt/ df'!~cl:.ihe(j li;l\': PlY IOf? r.eqi IHI i 119 'It nl)t"t.h'~2'l~l:~~L' r '/ /.t), ,_11.5':.)111.:. L corrH?r: 01 :;;) id :.1:-' 5':)l.lthwe~itE::r.ly cor~Ilr?r. Ot. :'.r3id Lut. ;..~(;; t110nc~ ., point 011 l:IH') t1()r~t\(~t"jy I iw~ 0/: ~;,lid l.ot . ,.:",) [f~\"?l: :;O\Jl:hP.;l~~tCl' ly OL 1:11(" rH:t"I:l1w~:;t:(.Tly r.ot )1. (H1(-1 UH~n.... (:I~nllillr1U.11'I. /\lso :ihn....il1q tllO: i0Cil~:lorl nl~ ,,11 existlflY ilff1prOI/I~::Ir:flt::; i'l:> :;IJcvr'~Yi~d Uli:--; 1./th d,,'r' '~H .JII,I", I.'.~('!(, Lor ^ren above EL 90'l.O= 0,055 sq.ft. 1:( /"/ '< So.;- 5 /sc t.... /l . "it(f.' !')'v'j'L:~' 1'.':11':11;II.ll~, i~JC'V,1ti()11 9.-1,} .Ij} tr~)p llul: ol hyc!o ,..It: l.ol.:::; ~~.l /' '........ .;, )d .' HOl.j"S( '_J)C-:,..'l [)01l()t(~:; (-~xi.c;l.:inq lJclIk> f!J.~V,'IUO,\ < .J~. c-or-r- 1)"'''"'''0 '-- ----.- ;Jj ~ / ::.. rv .) r-: ,) tr 0) , to. ,-' 1.., (D:!!....1 '-.' -~ / >., ~ i_iJ" : o;::~ / ' . ~ "- -->-~JJ 0 L~' ,. ~o ________ / ::-;- r( 9.0. ~ 9~,.~1 / . .0 "7,' Stotln G<1Ij'"r. I <, :,:'", 17 // fOuse 7 '<-...... ~ . ~JJ ,. '~" i c~" '-<--~~ II '2 (:~ ~~-- ~ ---- -'-19 ------~.~ c; . 9 6 rn e ?j;'~~'----N~76~ PIa, Os. __...,' .' 0 ..:...34~3..:\ 9J8.08 Slv'l:-:---' v_________ Of lot %aOrn.r r.c:~ -y su 3. ~ _______ g~~"9 ~fJ.J..4 W '~'" ~- tv SH -'-'- --------- OR ~ S --.~~----_J~_ o Oenol" 1 /.'? inch IC /4 inch iron rIlonvm#.flf oUt and mI'Jrkl!d by lJr;""~1! No 1010 J ntv. 7/31/96 To ,hOW 101 ArtO 0. dill. 10 904,0 on od)olninQ 101, I h~frbr eerli'r '1'10' IrY. ~r "'01 prrport'd by IT!~ or undt'r my d;rt<:' ,uoeno;,ion arld ff10l ~ a duly ';c-,nud Land StTV.,.or vnd.,- ttl~ .'10.....;0' 'ht S'OJ~ Mlnn.~olo, .' / .., /;;:.'.. /! ~./~ /.....,.~ .'il " if-'f'&."" ./ '.~"".r~'iil'-.;o-_~..., . ~ 6>o.'!;"'tC..L' ~...L-K.l~__ ["laIr - ("~-~'J.a l,c,n" No, 1010J o 20 '10 ~~~ SCJ\LE IN FEET .. [)~"nrl'.~ Iron mnnl.lmp'nf (0""'0 i~ f"l,'''n/... P ~~ ,".,r,,;1 ~,., Criego: This will be hard to implement. Agrees with Wuellner in taking too big of a step too quickly. The initial intent was to decide if a gravel road was impervious. Not ready to increase to 40%. The issue is runoff. Why 40%? Not enough study done to act. ~ Kuykendall: The performance criteria are important. Engineering design may be required. It may cost, but it will control and manage. Give people the alternative to design. There should be practical ways to show the public. Stamson: The benefit would be to get the practices up front. In the future the Commissioners will be approving variances for hardships and not get the performance criteria. The ordinance is a pro-active way to get it up front. Rye felt the performance approach is a combination of specifying what you are trying to achieve and tell how to achieve it. The DNR applied shoreland rules for the entire State. They established the 25% impervious standards to make sure it covered all the bases. The DNR is concerned for water quality. MOTION BY WUELLNER, SECOND BY VONHOF, TO RECOMMEND APPROVAL OF DRAFT ORDINANCE 96-XXX CHANGING THE IMPERVIOUS SURFACE DEFINITION TO INCLUDE GRAVEL DRIVEWAYS. TABLE THE REMAINDER OF THE ORDINANCE FOR FURTHER DISCUSSION REGARDING THE 40% FOR IMPERVIOUS SURFACE. MOTION FOR AN AMENDMENT BY KUYKENDALL, SECOND BY VONHOF, RECOMMENDING STAFF TO COME BACK AT A REASONABLE TIME WITH A DEFINITION FOR PERFORMANCE CRITERIA. V ote taken signified ayes by Wuellner, V oOOof, Kuykendall, Stamson and Criego. MOTION CARRIED. The Commissioners decided to delay "D" of the public hearings to the end of the meeting. 6. New Business: lillOO&~~ A. Case #96-106 - Appeal of Hillcrest Homes, Inc., for a decision of the Zoning Officer relating to setback averaging. Jenni Tovar presented the staff report. On October 11, 1996 the Building Department received an application for a building permit from Hillcrest Homes for the construction of a single family dwelling with attached garage on property located at 5600 Fairlawn Shores Trail. The proposed structure has a setback from the Ordinary High Water Level MN 102896.DOC PAGE6 (OHW) of 60 feet. The applicants used setback averaging to determine the lake shore setback. Upon review by Planning Department, it became apparent the adjacent lot to the east was vacant. A structure on the westerly adjacent lot is setback approximately 54 feet from the Ordinany-High-Water. Staff is ofthe opinion setback averaging cannot be used because at the time of application for a building permit, there was no structure on the lot adjacent to the east to use in calculating a setback average. Their recommendation to City Council is to uphold staff s interpretation of the ordinance. Comments from the public: Chris Deanovic of Hillcrest Homes, recapped meetings with the planning department and discussed their proposals to avoid variances. Hillcrest was unaware of setback averaging. They are trying to comply with the rest of the neighborhood and would like to average with the former house on the lot (Lot 25) and the house on Lot 23 or the existing house on Lot 26. The two lots are in separate ownership. Criego: . The demolition permits are run through the building department. . Rye said when staff looked at it initially, basically there were three structures with setbacks of approximately 50 feet. The possibility one of the houses would suddenly disappear in the middle of this and affect the setback averaging provision did not occur to staff. . Honest oversight on everyone's part. Should not punish the developer. . Go ahead and recommend to City Council to accept the development. . Ordinance states they are buildable lots. V onhof: . Agrees. Kuykendall: . Concurs with what was said but has reservations. . Increased the impervious surface because of a loop hole. . The size of the adjacent lots are unknown. . We need to reassess anytime someone takes down a structure and changes the impervious surface. Rye spoke of the ordinance provision addressing this issue which was removed by City Council. The Commissioners have to deal with the issue in front of them. Jim Albers felt if the lots were combined the impervious surface and setbacks would be the same. Wuellner: . Questioned dimensions on home. PAGE7 MN102896.DOC Stamson: · Hillcrest owned both lots at the time of the demolition. · Albers explained the demolition permit and then the building permit process. · Tovar spoke on the ownership and lot split before the demolition. · Regrettable it happened but the ordinance is specific. This is variance criteria. · It is our obligation to enforce the ordinance as written. There was a short discussion on the interpretation of the ordinance. MOTION BY VONHOF, SECOND BY WUELLNER, TO RECOMMEND CITY COUNCIL TO ACCEPT THE APPEAL FINDING SETBACK AVERAGING WITH PREVIOUS EXISTING STRUCTURES IS IN COMPLIANCE WITH CITY CODE PROVISIONS. Vote taken signified ayes by V oOOof, Wuellner, Kuykendall, Starns on and Criego. MOTION PASSED. B. Case #96-105 - Appeal of Dave Smith for a decision of the Zoning Officer relating to setback averaging. Jenni Tovar presented the staff report stating the following: On June 10, 1996 the Planning Commission heard a variance request from Dave Smith regarding the front yard setback from the centerline of a county road at 2590 Spring Lake Road. The Planning Commission unanimously approved an 18 foot variance to permit a setback of 67 feet from the centerline of Spring Lake Road for the proposed garage addition (34 feet from the property line). On September 9, 1996 the Planning Commission heard a variance request from Tina and Chad Pavek regarding a front yard setback of a proposed house from the centerline of Spring Lake Road located on a vacant lot at 2610 Spring Lake Road (adjacent to Dave Smith's property). The Planning Commission unanimously approved a 12 foot variance to permit a setback of 63 feet from the centerline of Spring Lake Road (31 feet from property line). Dave Smith noticed Pavek's house being constructed 4 feet closer to the road than his proposed garage addition. He approached the Planning Department requesting permission to move his garage addition closer to the street. The Planning Department has affirmed setback averaging cannot be done if one or both of the adjacent parcels are vacant at the time of application for a building permit. In this case, when Dave Smith received a building permit the lot to the east was vacant. When a permit is issued the ordinances and conditions in effect at the time of reviewing the permit are considered. Furthermore, the variance granted to Dave Smith by the Planning Commission determined exactly what the front yard setback would be. The Planning Department cannot authorize any setbacks to be different from those in the City Code, MN 102S96. DOC PAGES . 11/18/96 PRIOR LAKE CITY COUNCIL MINUTES Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. D. Consider Appeal of Hillcrest Homes, Inc. from a Decision of the Zoning Officer Relating to Setback Averaging. Hillcrest Homes Appeal Setback Aver. Planning Director Rye presented the report. The setback averaging is from the ordinary high water level. One of the lots is vacant, so they determined that setback averaging could not be used. There was a single family dwelling, and the applicants came in and requested demolition and wanted to build on the lots. The building permit came in and according to the ordinance, averaging could not be applied to this permit since there were not houses immediately adjacent on both sides. The Planning Commission concurred with the appeal. . Councilmember Kedrowski asked if the City had a legal obligation. . City Attorney Pace said even if staff made an incorrect interpretation, individual citizens are charged with knowledge of the building ordinance, it is a discretionary act and the City has immunity. ~ . Councilmember Kedrowski asked if they build on the other lot first, and then come back to this one, does that afford them the opportunity? . Planning Director Rye said assume their is variance on one lot, then averaging could apply to this lot. It would have to be through a variance. Both of the lots are about 50 feet wide. . Councilmember Kedrowski said history was to grant setback variances closer to lakeshore. . Planning Director Rye said the existing structure setback was about 54 feet, the house that was tom down was about the same, and the property adjacent to that was 55 or 56 feet. . Councilmember Kedrowski said if they applied for a setback variance, it would probably be given to them. . Planning Director Rye said probably, if that is the only way to make the lot buildable. . Councilmember Kedrowski asked if it is the obligation of staff to tell people what to apply for? . Planning Director Rye said they don't tell people what to apply for, they tell them their options. MNlII896.DOC 9 11118/96 PRIOR LAKE CITY COUNCIL MINUTES . Councilmember Kedrowski asked if the applicant could apply for setback from the ordinary high-water mark instead, and look for consideration there versus averaging, which in this case does not apply. . Mayor Andren said she understood staff thought averaging could be used because the home was there. The front entryway was over the line, and it could have been removed and averaged out. Under the assumption that averaging could be used, they tore down the other house, and now they are saying there is two vacant lots. Though the City has no legal obligation, there is a moral obligation to correct an apparent oversight. . Planning Director Rye said the applicant said they wanted to build it without applying for a variance. . Councilmember Schenck said if he were to support staff, the homes along Fairlawn Shores follow the lake shore uniformly, but this house would be set back, and he does not think this is the type of image they want. He said it would be appropriate to let this go through. . Councilmember Greenfield agreed. . Councilmember Mader said that this was a property used for a single home. It seems this was driven by concept of economic benefit, so the developer should take responsibility. He is worried that someone's oversight can become a reason to deviate from ordinances. To use averaging that doesn't seem to apply just sets a precedent for problems in the future. He said he would not support the request. . Councilmember Greenfield asked if it would be possible to create findings of fact for this special case under the circumstances. . City Attorney Pace said with respect to variances and property, generally no two properties are similarly situated. A finding for a variance could show that this would not be setting a precedent and the approval would articulate a rational basis for granting it. MOTION BY KEDROWSKI SECOND BY SCHENCK TO UPHOLD THE POSITION OF THE APPELLANT AND THE PLANNING COMMISSION, AND TO DIRECT THAT FINDINGS SHOULD BE ATTACHED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay by Mader, the motion carried. . Councilmember Kedrowski asked since the Planning Commission voted to grant the averaging, why did they come to the Council . 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'::>>::'.,:' ,,:.~,' :.<. .>..c:,.." ~.<.. . . ':'As I 'men~d dlirhig oUi meetDlg\\le 'spent a lIrge mount oftittie prior to 'purchase' Did.: . . .. de.rooli1;i.On ,to' 'en:~e''w.e :~oUid iI,ot.:rut.. intol{situatlon that we are faced ~:today"': Wfii a#ed.' '. " .::,'upon ~imat1on:"iov.icl~dto us by~~ plalming dq.arbiient.W~ ~oUld not'be:p~~d:fo[>',' . . '.,' ," .. . . ". " "'.' ~ '. ,. .1\\':, , '. ",". :'." ,":.M.' ',:.' ~. ".. :.' ......, .... .,' "l ;:., " , . ;. l.~:.: .' ., " '. .,.", . .-. .,' ,., ,.... .,;.';.: . " .:' . ..... '.' . '. '. . . ~ . . ',,' ."" .j , B~i&tler tic~~~ # 2'?D36544 .' MI!,ftIMr ~f ,lal! lJIIilMrl AJ:Sodlllio~ 'at'M 1WPi Citi~$ FROM :EDIN~ RE~LTY PRIOR L~~E 447 4735 1996,1121-21 11:45 #382 P.12I3/1214 ". . ~. ~ " r :1," .; .' . .i' , ',,' , ' '. ~', . " , ,I . ~ " '. !,' ,"ctingOlldWi;",~~~.omiIy";ce~' ~~~e ~ ~~UPW: ~C~ . . iilfon,nation ~ad'it bcCJl' giV~'.a~d:we would not 1)e,~ the' sinanon we' are,t~day:" ' .. . . ,,',," ," . ':i li~ve 'mcl~~. a, copy oftb.e.~e}i fory~~ ~~~."', 'IfYO~'hay~ aily 'qUeStiOnS; o~ ~~ , . 'additi.9D.~ infbrtoation please wYe ~e a'.cilL. I awa1t:youl reply. ". .'.,.. . ..': ....,....., '. . . ". '. . .:' " , .' ", ,:,.'. :, ". ',....,.' :::. '.' . : " . . " '.' " , ShiceI~IY'-. . .' I . ", " ,'" .,.; I . ,I, " ",' . '. ,,', I. "'. ,', I .. ". " " . .' ..' , " ,. ,,', '.'. . ',r, ,: ,",. .... - ,'" " .. : ., '" ,,' . " " ,0":. '.". ; .'. r', . '. ~ " '" ";.. ,,'. ''':' ' j.... ," 'I:'> .,." '. . ", " ... . ~ t. .' .' . -, . ,'. '/':" ", '. '.;. , " "', .~. ,", I': I,'" '. , 't', ,.. " .... " . " " .' . . .(' ..' , ';. ::~ "'0' '. I'" . ~ '". . ,', I .... '.' ," .... " ';' . :- .: .'. I ":.:' ~ .J . ,'", , ~ . I" t'" '. ' , ' ". ' .,' ,'" .. " '.' . .. ..... :" . ..... " " '. .. .; ,"',' . .. ....t. ,,'. " .:,,': " "" :' ; '. . , , , '. ,~ :..' .' ','" ,,' .'.' , . , . ~ ;, .' .. ~ . .: ~,.' ~' , ' ! . ' '" ,',. ,I, "'. ", ,,' .,'. " " " ". FROM :EDINR RERLTY PRIOR LRKE 447 4735 1996,1121-:21 11:45 #38:2 P.12I4/1214 SUI'IVEY PREPARED FOR: . HI LL.CREST "OM E S 1671'1 JI.IGl)AR 4\VENU( Lf.lKF.VILI,.E. MN. 55044 ; llk:::>..:kIl'L'LI)N: Valley Surveying Co.. P.A. SUIrE ,;ro~c, 1C;51'"O FRANKLIN TRAIl. I"RANI<L/N TRML OFFICE CONOOMINII.IM PR'/OR L.AKE, MINNI!SO'rA 5537tl TElePHONE (S/2) 4"7- ?oSlO . Lg~ i.~, f'/lWL,WIN .:;HOR~~. so:o~t ;';OI.III~I" Milll'Elaota. IInd ~h..t : l)iit"t ,pt I.ot ~b, ol ",.lel pLot !yir~. ",,,st.er:ly of. t.I1Q J;ollOw!r'!1 ; df~"",dborJ l'l,n:: ~""Jin"i\l" 1Ir. ~I", llOut.lwe:.;I:~I;~Y cot"net" of l'o~d [,01: 2Gl ~lllllflr.::e nQrth";:""~"t'.I.:I ~~., iI point OIl tile noC'l:hcz~iy 1 L"t: ot snld Lot .!ti, ~Iist;mt. t,: .}..,) fuet 9OUthlto'....cr.".Ly o~ the not"~h"'l!!;:,t;c..iy ',cot"rutr. ot. "ill'" I..r.)t :.!In "nd 1:1I"t"1ll tdot"minatill';l- 1\)..('.0 ul'lowing cr,,, .11;1<;"'" l...., n, :,11 I1ltLiIltir.'il im-provemnt;:; ('I~ "'I"""yed chi!> i21:11 clily N .JU.' " , ~;)9t,. LDI Anti abcvCl fl.. 904.0: 8.055 ~Cl.rr. PI?IO~ "t.. l.4J( ~ '''''10<'.$ c;;; ~~fJ ---' ~ "" .o~ OO4tlflrZ:v. Nl.:r1::..~ I l1om';"f''''I;';. I~l~uation !ll3"1.tI(, eo>, nut oe hyd. ;>~ r,'Q~" ~ :!'I '. ',1;!5.-'I < (lAnol:./!tl F.!His~in'il 9Cndr. dr.ulIl:ion \ , 2't "", ..... c.QT1'otft' 7 ;. .. "L.~", HOUSE ~ 13.., ... ____ ~ - -."9 ~ S .S617l ~~~.c.. ~.z",~ pia, .0...__ .t.ll) ~ I~. '~S..,. ~~ -.!'! ~... o L. SCALE'. 20 40 J II.Y. ;1(31/116 To oh"'" i.1 .r_. &01... ro 90'l.D ." ""Iolnlov lo,s. I IMrf&1' corll" 'ha' r1i. ......, ..a. ,,,-" Il7 _ or under "'" dirKi "",ervj.ion <JIOf/ ",., ~. <fU" li<Wf1",j Land """""'",. _.. 'h. I w , /I,. 5''\1''"'' MInn. 01.. , "V.~~f V ,,0:.:, ...I~J ., - _ ..' I,." tI IN F'F.ET o O.nol~. Ill! "'.h'Ki~ln'h Iron lnotIumeF'l' ,., "nd marhtl by LII::II!"n f'l9 10113 . DCI'afn IrOft ",dflU,:","'" found 19 n~",,'"'' P Yo Nol' ~~, SURVEY PREPARED FOR: HILLCREST HOMES 16714 JAGUAR AVENUE LAKEVILLE, MN. 55044 Valley Surveying CO., F? A. SUITE 120-C , 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 - 2570 P~/O~ f'L. ? 90::> / '<2/ <:; .96 s l.41(~ .. tvS90 CA' ~. So "7- <J ?" .01., lit I-fou Sf' ., "'0 (/IYt , rJ.,t !' JrO~ o~c >-I-f(' 'r oIY D~q. (0,.. oIY ( <6 0,.. , .,.... ) <~ ~'-', ~ _...-- -.,'-... - -- ~. ~4 0,. " - 904 '9* ~ .1-----_ ;' --'-- DC CI( ,,"' --, -' 4, L -_" 4J '" 1 Q), I'\JO ~/J') t;;;t . o /J) I.f)CD - ~I I / _41 11)- I'\J~ 0) :.. /J)t;;;t _0 '- ,(() 0 c.- !~~ /}'V6 ~ ~ /7UJ M~ (~J) (/) Sl) 'on &nofh. ~J --- HUB EL 932.21 ,.., I" ,-0 IS'p 'AiC '* HUeEL. 933.63 ~.- ":;r-- --..,... . // HUB EI. 911.10 10" ",Slot o -----.-- 934.65 .34.81 1I REV. 10/ 21/ 96 ""().OW'HSt. a DECK ON LOT 26 .~,.. OF BANK ON LOT' 24. . 't01 ()ft SLOPE. Lot 24, E'AIRLAWN SHORES, Scott County / l'1innesota. Also showing the locacior of all existing improVf~ments as surveY,:Kl this 12th day of July, 1996. Lot Area above .~L.4WJv --------~!!~FiE s -----.---..___ IRAII.. ----- ---- 935.. It DESCRIPTION: NarES I Benchmack. Elevation 93'/. 6b to[J n.ut EL. 904.0 .".. 1(1. ft. NET IMPERVIOUS Sl.!IWACE ~a2.."/. of hyd. at Lots 23 & 24 o I SCALE 20 Ii IN FEET 933.6 Oenotes ,o>xisting qt'ade elf'vation lC. 46936.0) DENOTES PROPOSED FINISHED GRADE ELEVATION 1 ----+- DENOTES PROPOSED DIRECTION OF SURFACE DRAINAGE SET PROPOSED GARAGE SLAB AT ELEVATION 936.20 SET PROPOSED TOP OF BLOCK A T ELEVATION 936.53 SET THE LOWEST FLOOR AT ELEVATION 928.34 'i'.", :t~eW~I"~Jl'hOW ~os Rev. 7/31/9..6 To SMW lot A......'. .'......'... .at. to 904.0 on odjolntnt'ot..l I hereby c.rtify that '* *""'-Y.'. J!i'."..4Iid by me or under my direct ~_ltHIt I am a duly licensed UMd ~fIcW fN ,/IJJII.... of the Stott Of Min...,..". . ..4 .~.- #- ~. '."'. , . /-' ,,1'6/. ,1. ... ;. "."~ .. ,'. ~ ... ", ' ',' ',' :i'1' o Denot.. 1/2 inch i I4f inch iron monument set and mtJrlced by License No 10183 . Denotes iron monument found $ Denotes P K. Nail set F IL E No 8359 800K 219 PAGE 3 ~EPARED FOR: EST HOMES JAR AVENUE , MN, 55044 Valley Surveying ,CO.. 1? A, SUITE 120-C ,16670 FRANKliN TRAIL FRANKLIN TRAIL OFFICE 'CONDOMINIUM PRIOR LAKE, MINNESOTA' 55372 TELEPHONE. (612) 447 - 2570 PIY/OIY' . tl.. ?,/ 90,.:> .'2 -. S ,/ :)6 tv6so. 2<1' ~. So <1;>"1 . 01.< 'v I~ -- i g" / , ---.,,/ t. , 9~t tL, , /"'0 '\;. .,. ' '. . 935/ ..r"~~'~4l' i ~7!LAWN . /.,9 ------~!!2REs i" . ~-'---'---4 WN . , DESCRIPTION: .....~ r SHOREs ... Lot 24, E'AIRLf\~\lN SHORES, Scott Count all existing, itTIpr'Ov~:ments dS sunley,?( NOl'ES I BenchI1l2!:k m (.>vation ')J'/. 66 t ,~ FEET 933.6 Denotes .?xisting grad~ x 4~6.Q) DENOTES PROPOSED, FINI' I ~ DENOTES PROPOSED DIRE' SF.T PROPOSED GARAGE SET PROPOSED TOP 040' SET THE LOWEST F~ ~T" ,t:' i R~v. 7/31/ 96 To show lot Area e.. dltt " 'to, 904.0 on ad}olnlng lots. . I h~reby certify #hot this survey wasptepare by me or under my direct supervi.ion CJl1d tho . I a duly licensed Lond S4IWyor UftCNr' "" wa , the ~~1" ,M~ ' OM. ' _~ / Ii {t' ",Ill .;r inch lC 14 inch iron ~ and marked by 10/83 monument foUnd Nail set nch iron ,ked by v\ _ _.. ~....._..J