HomeMy WebLinkAbout98-039 Variance
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April 17, 1998
David Berens
Remax Results
11200 W 78th Street
Eden Prairie, MN 55344
RE: Recording of Approved Variance
Dear Dave:
The purpose of this letter is to advise you, Resolution #98-09PC approving a
setback variance and variance to lot coverage on property located at 16345
Duluth Avenue must be recorded within 60 days of approval or the variance will
be null and void per Section 5-6-6 of City Code.
Enclosed are two certified copies of the original and a copy for yourself. One of
the copies is to be recorded at the Scott County Recorders office by June 12,
1998. The other copy is to be stamped as recorded by the recorders office and
returned to the Planning Department as proof of recording. A building permit for
your proposed structure will not be,issued until proof of recording is submitted.
I have also included a copy of Resolution 98-10PC denying your original
variance request. This is for your records only and does not need to be
recorded.
If you have any questions about this matter, please contact me at 447-4230.
Sincerely,
r17/'/'~ ~ 1 j fJt;(1AJ
~;;er ;r!a~
Planner
1:\98fi1es\98var\98-039\recdlet.doc
16200 Eagle Creek Ave. S.L Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTU:'JITl EMPLOYER
File No. 98-039 David Berens
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
Resolution 98-09PC Variance to Lot Coverage and Garage Setback
on file in the office ofthe City Planner, City of Prior Lake.
~~
Kirsten Oden
Deputy City Clerk
Dated this 17th day of April, 1998.
~ s G;..n;lf-
06700-2963 (8-95 1 M)
CUSTOMER RECEIPT
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PAT BOECKMAN
SCOTT COUNTY REGISTRAR OF TITLES
SCOTT COUNTY RECORDER ,
COURTHOUSE ROOM 113
SHAKO PEE, MN 55379-1392
(612) 496-8143
(City Seal)
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nOOSCRO 4-28-98#012 $19.50AB
THIS DOCUMENT IS NOTVAUD AS A RECEIPT UNTIL YOUR CHECK HAS CLEARED THE BANK
TRUECOPY.OOC
RESOLUTION 98-09PC
A RESOLUTION GRANTING A 12.0 FOOT VARIANCE TO PERMIT A FRONT
YARD SETBACK OF 13.0 FEET INSTEAD OF THE REQUIRED 25 FEET AND
A 6.5% LOT COVERAGE VARIANCE TO PERMIT LOT COVERAGE OF
28.5% RATHER THAN THE MAXIMUM COVERAGE ALLOWED OF 22%
FOR THE CONSTRUCTION OF A DETACHED GARAGE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. David Berens has applied for a variance from the Zoning Ordinance in order to permit
the construction of a detached garage on property located in the R-2 (Urban
Residential) District at the following location, to wit;
16345 Duluth Avenue, legally described as Lot 23, Block 3, Cates Addition
except the south 20 feet thereof, Scott County, MN.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #98-039 and held hearings thereon on March 23, 1998 and April 13, 1998.
3. The item was continued from March 23, 1998 to April 13, 1998 to allow the applicant
time to modify the proposed plan to specifically reduce the size of the garage and
provide for a longer driveway to accommodate at least one vehicle without
encroaching on the right-of-way.
4. 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.
5. 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 variances 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.
L:\98FILES\98V AR\98-039\RE9809PC.DOC
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6. The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city and the fact
the lot is a comer lot and must maintain two front yards.
7. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicant, but are necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
structure without variances.
8. The contents of Planning Case 98-039 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code these variances will be deemed to be abandoned, and thus will be
null and void one (1) year from the date of approval if the holder of the variances has
failed to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances, per attached Exhibit A, for proposed detached garage:
1. A 12.0 foot variance to permit a front yard setback of 13 feet instead of the required
25 foot setback.
2. A 6.5% lot coverage variance to permit lot coverage of 28.5% rather than the
maximum coverage allowed of22%.
Adopted by the Board of Adjustment on April13, 1998.
.~.
Anthony Stamson, Chair
2
..
SURVEY PREPARED FOR:
DAVID BERENS.
17645 JUNIPER PATH
SUITE NO 200
LAKEVILLE, MN. 55044
Valley Surveying Co., P.A.
SUITE 120-C. 16670 fRANKLIN TRAIL
fRANKLIN TRAIL OffICE CONDOMINIUM
PRIOR LAKE. MINNESOTA 55372
TELEPHONE (612) 447 - 2570
EXHIBIT A
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DESCRIPTION:
Lot 23. CATES ADD'N. Scott County. Minnesota. Excepting therefrom the
South 20.00 feet thereof. Also showing the location of the proposed ga~age.
NOTES: Benchmark Elevation 942.84 top nut hydrant @ the NE quadrant of
Duluth Avenue and Pleasant Street.
935.0 Denotes existing grade elevation
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(935.8)Denotes proposed finished grade elevation
Set the proposed garage slab at elevation 936.04
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FILE No. 8646
800K~PAGE~
RESOLUTION 98-10PC
A RESOLUTION DENYING A 12.0 FOOT VARIANCE TO PERMIT A FRONT
YARD SETBACK OF 13.0 FEET INSTEAD OF THE REQUIRED 25 FEET AND
A 12.5% LOT COVERAGE VARIANCE TO PERMIT LOT COVERAGE OF
34.5% RATHER THAN THE MAXIMUM COVERAGE ALLOWED OF 22%
FOR THE CONSTRUCTION OF A DETACHED GARAGE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. David Berens has applied for a variance from the Zoning Ordinance in order to permit
the construction of a detached garage on property located in the R-2 (Urban
Residential) District at the following location, to wit;
16345 Duluth Avenue, legally described as Lot 23, Block 3, Cates Addition
except the south 20 feet thereof, Scott County, MN.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #98-039 and held hearings thereon on March 23, 1998 and April 13, 1998.
3. The item was continued from March 23, 1998 to April 13, 1998 to allow the applicant
time to modify the proposed plan to specifically reduce the size of the garage and
provide for a longer driveway to accommodate at least one vehicle without
encroaching on the right-of-way.
4. 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.
5. The applicant has an alternative to reduce the lot coverage on the lot by reducing the
size of the proposed garage. Such an alteration of the garage and modification of the
layout can accommodate a driveway that will allow for stacking of at least one
vehicle without encroaching into the right-of-way.
6. 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 variances will not
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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.
7. The proposal does not meet all four of the necessary hardships as required in granting
a variance. The variance request to lot coverage is a result of the property owner and
does not meet the intent of the ordinance. The plan can be modified to meet the intent
and be of reasonable use at the same time.
8. The granting of the variances are not necessary for the preservation and enjoyment of
a substantial property right of the applicant. As originally proposed, the variances
will serve merely as a convenience to the applicant, and is not necessary to alleviate
demonstrable hardship. The factors listed above allow for an alternative location of
the proposed structure with reduced variance requests.
9. The contents of Planning Case 98-039 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variances, per attached Exhibit A, for proposed detached garage:
1. A 12.0 foot variance to permit a front yard setback of 13 feet instead of the required
25 foot setback.
2. A 12.5% lot coverage variance to permit lot coverage of 34.5% rather than the
maximum coverage allowed of22%.
Adopted by the Board of Adjustment on April 13, 1998.
An~MIT ~
L:\98FILES\98V AR\98-039\RE9810PC.DOC 2
SURVEY PREPARED FOR:
DAVID BERENS
17645 JUNIPER PATH
SUITE NO 200
LAKEVILLE, MN. 55044
EXHIBIT A
Valley Surveying Co., 1?A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE I MINNESOTA 55372
TELEPHONE (6/2) 447- 2570
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Lot 23, CATES ADD'N, Scott County, Minnesota. Excepting therefrom the
South 20.00 feet thereof. Also showing the location of the proposed garage.
NOTES: Benchmark Elevation 942.84 top nut hydrant @ the NE quadrant of
Duluth A venue and Pleasant Street.
935.0 Denotes existing grade elevation
"
(935.8)Denotes proposed finished grade elevation
Set the proposed garage slab at elevation 936.04
-- Denotes proposed direction of finished surface drainage
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Property area = 5,200 square feet
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, hereby cer'ify 'ho' 'hi. survey was pr.pored
by m. or under my direct supervi./on ond 'ho'
, 0"" duly -,ic.nsed Land SlIVeror under 'h.
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5A
CONTINUE CONSIDERATION OF FRONT YARD
SETBACK AND LOT COVERAGE VARIANCES FOR
DAVID BERENS, Case File #98-039
16345 DULUTH AVENUE ..n
JENNI TOVAR, PLANNER ~Vl
JANE KANSIER, PLANNING COORDINATOR
YES .lL NO
APRIL 13, 1998
The Planning Commission originally heard this request on March 23, 1998. The
item was continued to allow the applicant time to revise the plan and variance
requests. The applicant is requesting the following variances:
. 12 Foot Front yard setback variance to allow front yard setback of 13 feet
rather than the required 25 foot setback.
. 6.5% Lot coverage variance to permit lot coverage of 28.5% rather that he
maximum coverage allowed of 22%.
The Planning Commission also directed staff to prepare a resolution of denial
relating to the applicant's original request. Resolution #98-10PC is attached.
DISCUSSION:
The lot is a corner lot 40.0 feet by 130 feet. Section 5-4-1 of the City Code
requires that corner lots maintain the required front yard along each street of
frontage. Therefore, the required garage setback is 25 feet from the property
line facing Duluth Avenue. The requested variance is to allow a front yard
setback of 13 feet rather than the minimum required of 25 feet. The applicant is
also requesting a variance to lot coverage for the proposed garage. Section 5-4-
1 of the City Code allows for a maximum coverage of 22% (structures only) in
the R-2 Urban Residential zoning district. The applicant is proposing building
coverage of 28.5%.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.'
The attached Exhibit A (survey) indicates the revised layout of the garage and
driveway. The applicant has significantly reduced the size of the garage from
792 square feet to 484 square feet. The garage now faces south, rather than
west in the original proposal, allowing for a turn around and eliminating the
overhang of parked vehicles into the right of way.
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enforced. The variance requests for setback and lot
coverage are a direct result of the lot size. The Planning Commission has
stated a garage is a reasonable accessory use for a residential properties.
There is a hardship with respect to the property because the substandard lot
area or dimensions cannot be changed to meet the requirements of the
ordinance.
2. Such unnecessary hardship results because of circumstances unique
to the property.
The unique circumstance is the lot area and dimensions rendering the lot
substandard. The lot is also a corner lot which requires a front yard setback
on both street frontages. Considering the lot dimension is an existing
condition created in 1934 and cannot be altered to meet the ordinance
requirements, hardship does exist for lot width and lot coverage.
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.
The lot is considered to be substandard. The lot area is 5,200 square feet
and the lot width is only 40 feet. These are conditions which have been
existing since the property was platted. The lot coverage and setback
variance requests have been modified and are of reasonable size in a
reasonable location.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The intent of lot coverage is to provide open space on lots and separation
between structures on lots. One intent of the front yard setback is to allow for
adequate stacking of cars in a driveway. Considering Duluth Avenue is
designated as a minor collector and the proposed driveway length is 13 feet
(on the lot only), a turn around on private property is important. The applicant
L:\98FILES\98V AR\98-039\98039PC2.DOC
Page 2
has met the spirit and intent of the ordinance by facing the garage south and
proving for a 35 foot long driveway for adequate stacking. Considering lots in
the area are of similar size and have existing structures upon them, the
granting of a variance would not be contrary to the public interest.
RECOMMENDATION:
Staff has concluded that as revised, the proposal meets the four hardship
criteria.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances. In this
case, the Planning Commission should approve Resolution #98-09PC. The
attached Resolution #98-10PC denies the original request.
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. In this case, the
Planning Commission should direct staff to prepare a resolution with findings.
ACTION REQUIRED:
Motion and second to adopt Resolution #98-09PC approving the modified site
plan and motion and second to adopt Resolution #98-10PC denying the original
request.
L:\98FILES\98V AR\98-039\98039PC2.DOC
Page 3
RESOLUTION 98-09PC
A RESOLUTION GRANTING A 12.0 FOOT VARIANCE TO PERMIT A FRONT
YARD SETBACK OF 13.0 FEET INSTEAD OF THE REQUIRED 25 FEET AND
A 6.5% LOT COVERAGE VARIANCE TO PERMIT LOT COVERAGE OF
28.5% RATHER THAN THE MAXIMUM COVERAGE ALLOWED OF 22%
FOR THE CONSTRUCTION OF A DETACHED GARAGE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. David Berens has applied for a variance from the Zoning Ordinance in order to permit
the construction of a detached garage on property located in the R-2 (Urban
Residential) District at the following location, to wit;
16345 Duluth Avenue, legally described as Lot 23, Block 3, Cates Addition
except the south 20 feet thereof, Scott County, MN.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #98-039 and held hearings thereon on March 23, 1998 and April 13, 1998.
3. The item was continued from March 23, 1998 to April 13, 1998 to allow the applicant
time to modify the proposed plan to specifically reduce the size of the garage and
provide for a longer driveway to accommodate at least one vehicle without
encroaching on the right-of-way.
4. 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.
5. 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 variances 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.
L:\98FILES\98V AR\98-039\RE9809PC.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6. The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city and the fact
the lot is a comer lot and must maintain two front yards.
7. The granting of the variances are necessary for the preservation and enjoYment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicant, but are necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
structure without variances.
8. The contents of Planning Case 98-039 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code these variances will be deemed to be abandoned, and thus will be
null and void one (1) year from the date of approval if the holder of the variances has
failed to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances, per attached Exhibit A, for proposed detached garage:
1. A 12.0 foot variance to permit a front yard setback of 13 feet instead of the required
25 foot setback.
2. A 6.5% lot coverage variance to permit lot coverage of 28.5% rather than the
maximum coverage allowed of 22%.
Adopted by the Board of Adjustment on April 13, 1998.
~
Anthony Stamson, Chair
ATTEST:
Donald R. Rye, Planning Director
2
SURVEY PREPARED FOR:
DAVID BERENS.
17645 JUNIPER PATH
SUITE NO 200
LAKEVILLE, MN. 55044
Valley Surveying Co., P.A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55J72
TELEPHONE (61 Z) 447 - 2570
PLEASANT
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DESCRIPTION:
Lot 23, CATES ADD'N, Scott County, Minnesota. Excepting therefrom the
South 20.00 feet thereof. Also showing the location of the proposed ga~ge.
NOTES: Benchmark Elevation 942.84 top nut hydrant @ the NE quadrant of
Duluth Avenue and Pleasant Street.
935.0 Denotes existing grade elevation
~
(935.8)Denotes proposed finished grade elevation
-.... Denotes proposed direction of finished surface drainage
Set the proposed garage slab at elevation 936.04
o
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SCALE
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Property area" 5,200 square feet
40 COVL....:.<--I'"ji<-t.o....d!S;!.
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00". llc.n.. No. 10'83
FILE No. 8646
800K~PAGE~
RESOLUTION 98-10PC
A RESOLUTION DENYING A 12.0 FOOT VARIANCE TO PERMIT A FRONT
YARD SETBACK OF 13.0 FEET INSTEAD OF THE REQUIRED 25 FEET AND
A 12.5% LOT COVERAGE VARIANCE TO PERMIT LOT COVERAGE OF
34.5% RATHER THAN THE MAXIMUM COVERAGE ALLOWED OF 22%
FOR THE CONSTRUCTION OF A DETACHED GARAGE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. David Berens has applied for a variance from the Zoning Ordinance in order to permit
the construction of a detached garage on property located in the R-2 (Urban
Residential) District at the following location, to wit;
16345 Duluth Avenue, legally described as Lot 23, Block 3, Cates Addition
except the south 20 feet thereof, Scott County, MN.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #98-039 and held hearings thereon on March 23, 1998 and April 13, 1998.
3. The item was continued from March 23, 1998 to April 13, 1998 to allow the applicant
time to modify the proposed plan to specifically reduce the size of the garage and
provide for a longer driveway to accommodate at least one vehicle without
encroaching on the right-of-way.
4. 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.
5. The applicant has an alternative to reduce the lot coverage on the lot by reducing the
size of the proposed garage. Such an alteration of the garage and modification of the
layout can accommodate a driveway that will allow for stacking of at least one
vehicle without encroaching into the right-of-way.
6. 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 variances will not
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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.
7. The proposal does not meet all four of the necessary hardships as required in granting
a variance. The variance request to lot coverage is a result of the property owner and
does not meet the intent of the ordinance. The plan can be modified to meet the intent
and be of reasonable use at the same time.
8. The granting of the variances are not necessary for the preservation and enjoyment of
a substantial property right of the applicant. As originally proposed, the variances
will serve merely as a convenience to the applicant, and is not necessary to alleviate
demonstrable hardship. The factors listed above allow for an alternative location of
the proposed structure with reduced variance requests.
9. The contents of Planning Case 98-039 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variances, per attached Exhibit A, for proposed detached garage:
1. A 12.0 foot variance to permit a front yard setback of 13 feet instead of the required
25 foot setback.
2. A 12.5% lot coverage variance to permit lot coverage of 34.5% rather than the
maximum coverage allowed of 22%.
Adopted by the Board of Adjustment on April 13, 1998.
An~ChaIT
?
ATTEST:
Donald R. Rye, Planning Director
L:\98FILES\98V AR\98-039\RE9810PC.DOC
2
SURVEY PREPARED FOR:
DAVID BERENS
17645 JUNIPER PATH
SUITE NO 200
LAKEVI LLE, MN. 55044
Valley Surveying Co., I? A.
SUITE: 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 5537Z
TELEPHONE (6/2) 447- 2570
EXHIBIT A
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DESCRlPTION:
Lot 23. CATES ADD'N, Scott County, MiMesota. Excepting therefrom the
South 20.00 feet thereof. Also showing the location of the proposed garage.
NOTES: Benchmark Elevation 942.84 top nut hydrant @ the NE quadrant of
Duluth Avenue and Pleasant Street.
935.0 Denotes existing grade elevation
"
(935.8)Denotes proposed finished grade elevation
--- Denotes proposed direction of finished surface drainage
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Vote taken signified ayes by all. MOTION CARRIED.
5. Old Business:
A. Case #98-039 (Continued) David Berens requesting front yard and lot
coverage variances for the property located at 16345.Duluth Avenue.
Planner Jenni Tovar presented the staff report dated April 13, 1998 on file in the office of
the City Planner.
The Planning Commission originally heard this request on March 23, 1998. The item
was continued to allow the applicant time to revise the plan and variance requests. The
applicant is requesting the following variances:
· 12 Foot Front yard setback variance to allow front yard setback of 13 feet rather than
the required 25 foot setback.
· 6.5% Lot coverage variance to permit lot coverage of 28.5% rather that he maximum
coverage allowed of22%.
The Planning Commission also directed staff to prepare a resolution of denial relating to
the applicant's original request. Resolution #98-10PC was drafted.
The lot is a corner lot 40.0 feet by 130 feet. Section 5-4-1 of the City Code requires that
corner lots maintain the required front yard along each street of frontage. Therefore, the
required garage setback is 25 feet from the property line facing Duluth Avenue. The
requested variance is to allow a front yard setback of 13 feet rather than the minimum
required of 25 feet. The applicant is also requesting a variance to lot coverage for the
proposed garage. Section 5-4-1 of the City Code allows for a maximum coverage of 22%
(structures only) in the R-2 Urban Residential zoning district. The applicant is proposing
building coverage of 28.5%.
The survey indicates the revised layout of the garage and driveway. The applicant has
significantly reduced the size of the garage from 792 square feet to 484 square feet. The
garage now faces south, rather than west in the original proposal, allowing for a turn
around and eliminating the overhang of parked vehicles into the right of way.
Staff concluded the revised proposal meets the four hardship criteria.
Comments from the public:
No comments from the applicant.
I :\98fi1es\98plcomm\pcmin\mn041398.doc
5
Comments from the Commissioners:
Criego:
· The applicant has submitted the revised plans with our recommendations. The
hardships have been met.
Cramer, Vonhof and Stamson.
· Concurred.
MOTION BY CRIEGO, SECOND BY CRAMER TO ADOPT RESOLUTION 98-09PC
GRANTING A 12.0 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF
13.0 FEET INSTEAD OF THE REQUIRED 25 FEET AND A 6.5% LOT COVERAGE
VARIANCE TO PERMIT LOT COVERAGE OF 28.5% RATHER THAN THE
MAXIMUM COVERAGE ALLOWED OF 22% FOR THE CONSTRUCTION OF A
DETACHED GARAGE.
AND
ADOPT RESOLUTION 98-10PC DENYING A 12.0 FOOT VARIANCE TO PERMIT
A FRONT YARD SETBACK OF 13.0 FEET INSTEAD OF THE REQUIRED 25 FEET
AND A 12.5% LOT COVERAGE VARIANCE TO PERMIT LOT COVERAGE OF
34.5% RATHER THAN THE MAXIMUM COVERAGE ALLOWED OF 22% FOR
THE CONSTRUCTION OF A DETACHED GARAGE.
Vote taken signified ayes by all. MOTION CARRIED.
B. Cases #98-016 to 98-018 (Continued) Consider an Amendment to the
original Windsong on the Lake Planned Unit Development and a Preliminary Plat
to be known as Windsong on the Lake 3rd Addition.
Planning Coordinator Jane Kansier presented the staff report dated April 13, 1998 on file
in the office of the City Planner.
The Planning Commission held a public hearing on February 23, 1998, to consider this
request. The Planning Commission continued action on this item until March 9, 1998,
and suggested the applicant work with the homeowner's association on this request. At
the developer's request, this item was continued again until April 13, 1998.
A meeting with the developer and Windsong Homeowner's Association was held on
March 17, 1998. The only information the staffhas received about this meeting is a letter
from the developer, received on March 23, 1998. The developer has also submitted a
draft of the revised homeowner's association documents. The City Attorney's office is
reviewing these documents.
The proposal for this development has not changed significantly. Since this original
report was written, the developer provided a revised measurement for the lake frontage,
I:\98fi1es\98p1comm\pcmin\nm04 I 398.doc
6
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4B
CONSIDER A FRONT YARD SETBACK VARIANCE
FOR DAVID BERENS, Case File #98-039
16345 DULUTH AVENUE
JENNITOVAR,PLANNER
JANE KANSIER, PLANNING COORDINATOR
YES l NO
MARCH 23, 1998
INTRODUCTION:
The Planning Department received a variance application from David Berens
who is proposing to construct a three car detached garage. The lot is a corner
lot 40.0 feet by 130 feet. Section 5-4-1 of the City Code requires that corner lots
maintain the required front yard along each street of frontage. Therefore, the
required garage setback is 25 feet from the property line facing Duluth Avenue.
The requested variance is to allow a front yard setback of 13 feet rather than the
minimum required of 25 feet. The applicant will also need a variance to lot
coverage for the proposed garage. Section 5-4-1 of the City Code allows for a
maximum coverage of 22% (structures only). The applicant is proposing building
coverage of 33.7%.
DISCUSSION:
Lot 23, Cates Addition was platted in 1934. The property is located within the R-
2 (Urban Residential District) and is not within the shoreland district. Section 5-
4-1 allows for a maximum building coverage, including accessory structures, not
to exceed 22%. The house foot print is 40 feet by 24 feet (960 square feet) with
an 8 foot by 5 foot entry (40 square feet) resulting in combined building coverage
of 1,000 square feet or 19.2% coverage. The proposed garage is 36 feet by 22
feet (792 square feet), resulting in total lot coverage of 34.5%. The maximum
size allowed for a detached accessory structure is 832 square feet or the foot
print of the principal structure, whichever is greater.
The attached Exhibit A (survey) indicates the proposed layout of the lot. The
three stall garage is to be setback 13 feet from the property line facing Duluth
Avenue. This does not leave much room if any for the stacking of a vehicle
without blocking the right of way. The reconstruction project of Duluth Avenue
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
does not include a new sidewalk or trail along this portion of the right of way.
However, the applicant will have to work with the Engineering Department to
establish elevations and placement of the new curb and gutter.
Under the proposed zoning ordinance, as recommended for approval by the
Planning Commission, the maximum lot coverage of structures is 30%. This
would allow for 1,560 square feet of building footprint on the lot. Given the
existing house is approximately 1,000 square feet or 19.2% lot coverage, this
would allow for 560 square feet for garage space. A typical garage is 22 feet by
22 feet or 484 square feet. One could reduce the garage width to 20 feet and
still be functional. The proposed setback for this lot under the proposed
ordinance would be 25 feet front yard setback on Pleasant Street and 15 feet
from the sideyard facing Duluth Avenue.
The applicant can modify the plan to construct a garage that will meet the
requirements of the proposed ordinance. Such modification could include
reducing the size of the garage to 20 feet wide and 22 feet deep and make the
opening of the garage face south. This would increase the setback from Duluth
Avenue to be 15 feet (meeting the proposed ordinance) and allow space for a
turn-around so residents would not have to back onto Duluth Avenue. The
proposed coverage on the lot would then be reduced to 1,484 square feet or
28.5%.
Even if this proposal is modified as recommended above, a variance will be
required since the proposed ordinance has not been adopted. However,
modifying the proposal may reduce the negative impacts of this proposal and
justify the variance.
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enforced. The variance requests for setbacks and
lot coverage are direct result of the lot size and reasonable use of the
property. The Planning Commission has stated a garage is a reasonable
accessory use for a residential properties. There is a hardship with respect to
the property because the substandard lot area or dimensions cannot be
changed to meet the criteria of the ordinance.
2. Such unnecessary hardship results because of circumstances unique
to the property.
The unique circumstance is the lot area and dimensions rendering the lot
substandard. The lot is also a corner lot which requires a front yard setback
L:\98FI LES\98V AR\98-039\98-039PC.DOC
Page 2
on both street frontages. Considering the lot dimension is an existing
condition created in 1934 and cannot be altered to meet the ordinance
requirements, hardship does exist for lot width.
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.
The lot is considered to be substandard. The lot area is 5,200 square feet
and the lot width is only 40 feet. These are conditions which have been
existing since the property was platted. However, the hardship is a result of
the applicants proposed garage size. The lot coverage and setback variance
requests are the result of the applicant's actions as to size and location of the
proposed garage. The proposed garage can be reduced to significantly
reduce the lot coverage and can be moved to provide a turn-around without
obstruction the right-of-way. Options exist for reducing the variance request
to be more reasonable to meet the intent of the ordinance.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The intent of lot coverage is to provide open space and separation between
structures on lots. One intent of the front yard setback is to allow for
adequate stacking of cars in a driveway. Considering Duluth Avenue is
designated as a minor collector and the proposed driveway length is 13 feet
(on the lot only), a turn around on private property is important. The applicant
can meet the spirit and intent of the ordinance by reducing the variance
requests or providing a turn-around as suggested. Considering lots in the
area are of similar size and have existing structures upon them, the granting
of a variance would not be contrary to the public interest.
RECOMMENDATION:
Staff has concluded that as submitted, the proposal meets two of the four
hardship criteria. A variance request must meet all four of the criteria to be
granted. However, staff feels the site plan can be modified to meet all four of the
hardship criteria. . A continuation of the hearing until April 13, 1998 would give
the applicant 10 days to submit a revised plan for Planning Commission review.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances. In this
case, the Planning Commission should direct staff to prepare a resolution
with findings.
L:\98FI LES\98V AR\98-039\98-039PC.DOC
Page 3
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. In this case, the
Planning Commission should direct staff to prepare a resolution with findings.
ACTION REQUIRED:
If the Planning Commission feels the proposal can meet all of the hardship
criteria if revised, then a motion and second to table the variance request until
April 13, 1998 to allow the applicant time to revise the plan is appropriate. In this
case, the Planning Commission should also direct staff to prepare a resolution of
denial for the original request.
L:\98FILES\98V AR\98-039\98-039PC.DOC
Page 4
SURVEY PREPARED FOR:
DAVID BERENS
17645 JUNIPER PATH
SUITE NO 200
LAKEVILLE, MN. 55044
EXHIBIT A
Valley Surveying CO.t RA.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 - 2570
O SAN.M.H.
RIM 931.81
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Lot 23, CATES ADD'N, Scott County, Minnesota. Excepting therefrom the
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NOTES: Benchmark Elevation 942.84 top nut hydrant @ the NE quadrant of
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North line of the SOUlh 2O.oofl.
J
Soulh IIneof 101 23 /
935.0 Denotes existing grade elevation
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o
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40
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I hereby cerlify lhol lhi. survey wos prepared
by me or UIlder my dlrecl superviSion IJfId thol
, "1J>1 duly licensed land SeneyOr under Ihe
SURVEY PREPARED FOR:
DAVID BERENS
17645 JUNIPER PATH
SUITE NO 200
LAKEVILLE, MN. 55044
SUGGESTIONS TO REDUCE THE VARIANCE REQUEST
Valley Surveying Co., I? A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 - 2570
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Lot 23. CATES ADD'N, Scott County, Minnesota. Excepting therefrom the
South 20.00 feet thereof. Also showing the location of the proposed garage.
NOTES: Benclunark Elevation 942.84 top nut hydrant @ the NE quadrant of
Duluth Avenue and Pleasant Street.
935.0 Denotes existing grade elevation
..
-
(935.8)Denotes proposed finished grade elevation
Denotes proposed direction of finished surface drainage
Set the proposed garage slab at elevation 936.04
20
Property area = 5,200 square feet
40
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by me or under my dine' supervi';1Irt GIld 'ho'
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NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES:
A 12 FOOT VARIANCE TO PERMIT A 13 FOOT FRONT YARD SETBACK
INSTEAD OF THE REQUIRED 25 FEET FOR PROPOSED GARAGE
ON PROPERTY LOCATED IN THE R-2 (URBAN RESIDENTIAL) DISTRICT
IDENTIFIED AS 16345 DULUTH AVENUE.
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior
Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection ofC.R.
21 and Fish Point Road), on: Monday, March 23,1998, at 6:30 p.m. or as soon thereafter as
possible.
APPLICANTS:
Hogger Realty
David Berens
16345 Duluth Avenue
Prior Lake, MN 55372
PROPERTY
OWNERS:
Same
SUBJECT SITE:
16345 Duluth Avenue, legally described as Lot 23, Block 3, Cates
Addition except the south 20 feet thereof, Scott County, MN.
REQUEST:
The applicant is intending to construct a 36' by 22' detached garage on a
comer lot. The garage will be setback 5 feet from the interior east lot
line and 10 feet from the interior southern lot line. The lot is 40 feet
wide and 130 feet long (5,200 square 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.
L:\98FI LES\98V AR\98-039\98-039PN .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
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between
the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will
accept oral and/or written comments. Oral or written comments should relate to how the
proposed construction and requested variances are or are not consistent with the above-listed
criteria.
Prior Lake Planning Commission
Date Mailed: March 12, 1997
L:\98FILES\98V AR\98-039\98-039PN .DOC
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SURVEY PREPARED FOR:
DAVID BERENS
17645 JUNIPER PATH
SUITE NO 200
LAKEVI LLE, MN. 55044
Valley Surveying Co., P.A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447-2570
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DESCRIPTION:
10t 23, CATES ADD'N, Scott County, Minnesota. Excepting therefrom the
South 20.00 feet thereof. Also showing the location of the proposed garage.
NOTES: Benchmark Elevation 942.84 top nut hydrant @ the NE quadrant of
Duluth Avenue and Pleasant Street
935.0 Denotes existing grade elevation
~
(935.8)Denotes proposed finished grade elevation
- Denotes proposed direction of finished surface drainage
Set the proposed garage slab at elevation 936.04
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Property area = 5,200 square feet
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FILE No. 8646
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221
PAGE~
LOT WIDTH AT THE FRONT YARD SETBACK INSTEAD OF THE REQUIRED 50
FEET TO BUILD ON A SUBSTANDARD LOT.
Vote taken signified ayes by all. MOTION CARRIED.
B. Case File #98-039 David Berens is requesting a 12 foot variance to permit a
13 foot front yard setback instead of the required 25 feet for a proposed garage for
the property located at 16345 Duluth Avenue.
Planner J enni Tovar presented the staff report dated March 23, 1998, on file in the office
ofthe City Planner.
The Planning Department received a variance application from David Berens who is
proposing to construct a three car detached garage. The lot is a comer lot 40 feet by 130
feet. Section 5-4-1 of the City Code requires that comer lots maintain the required front
yard along each street of frontage. Therefore, the required garage setback is 25 feet from
the property line facing Duluth A venue. The requested variance is to allow a front yard
setback of 13 feet rather than the minimum required of 25 feet. The applicant will also
need a variance to lot coverage for the proposed garage. Section 5-4-1 of the City Code
allows for a maximum coverage of22% (structures only). The applicant is proposing
building coverage of33.7%.
Lot 23, Cates Addition was platted in 1934. The property is located within the R-2
(Urban Residential District) and is not within the Shoreland district. Section 5-4-1 allows
for a maximum building coverage, including accessory structures, not to exceed 22%.
The house foot print is 40 feet by 24 feet (960 square feet) with an 8 foot by 5 foot entry
(40 square feet) resulting in combined building coverage of 1,000 square feet or 19.2%
coverage. The proposed garage is 36 feet by 22 feet (792 square feet), resulting in total
lot coverage of 34.5%. The maximum size allowed for a detached accessory structure is
832 square feet or the foot print of the principal structure, whichever is greater.
The three stall garage is to be setback 13 feet from the property line facing Duluth
Avenue. This does not leave much room if any, for the stacking of a vehicle without
blocking the right of way. The reconstruction project of Duluth Avenue does not include
a new sidewalk or trail along this portion ofthe right of way. However, the applicant will
have to work with the Engineering Department to establish elevations and placement of
the new curb and gutter.
Under the proposed zoning ordinance, as recommended for approval by the Planning
Commission, the maximum lot coverage of structures is 30%. This would allow for
1,560 square feet of building footprint on the lot. Given the existing house is
approximately 1,000 square feet or 19.2% lot coverage, this would allow for 560 square
feet for garage space. A typical garage is 22 feet by 22 feet or 484 square feet. One
could reduce the garage width to 20 feet and still be functional. The proposed setback for
this lot under the proposed ordinance would be 25 feet front yard setback on Pleasant
Street and 15 feet from the side yard facing Duluth Avenue.
1:\98fi1es\98plcomm\pcmin\mn032398.doc
3
The applicant can modifY the plan to construct a garage that will meet the requirements of
the proposed ordinance. Such modification could include reducing the size of the garage
to 20 feet wide and 22 feet deep and make the opening of the garage face south. This
would increase the setback from Duluth Avenue to be 15 feet (meeting the proposed
ordinance) and allow space for a turn-around so residents would not have to back onto
Duluth Avenue. The proposed coverage on the lot would then be reduced to 1,484 square
feet or 28.5%.
Even if this proposal is modified as recommended, a variance will be required since the
proposed ordinance has not been adopted. However, modifYing the proposal may reduce
the negative impacts of this proposal and justifY the variance.
Staffhas concluded that as submitted, the proposal meets two of the four hardship
criteria. A variance request must meet all four ofthe criteria to be granted. However,
staff feels the site plan can be modified to meet all four of the hardship criteria. A
continuation of the hearing until April 13, 1998 would give the applicant 10 days to
submit a revised plan for Planning Commission review.
Cramer questioned a possible alley site next to the lot and sidewalks.
Comments from the public:
David Berens, stated he agreed with staffs proposal.
Criego questioned the three car versus two car garage. Berens said he was satisfied with
a two car garage and did not want to have to back out on to Duluth Avenue. He would
like to see a 22 x 22 foot garage if possible.
Comments by Commissioners:
Criego:
· Duluth Avenue is busy. Recommends entering the garage from the south rather than
the west.
· Land coverage - would like to keep to a minimum.
· Tovar explained the impervious surface restrictions.
· Stay under the 22% criteria.
Cramer:
· Concur with Criego.
· Same concerns.
V onhof:
· Support the right to have a garage structure.
· Current plan should be corrected. The street is too busy.
· Agreed with Commissioners on lot coverage. Stay with staffs recommendation.
1:\98files\98plcomm\pcmin\mn032398.doc
4
Kuykendall:
· Concurred.
· Tovar explained the ordinance requirements.
Stamson:
· Concurred with Commissioners.
MOTION BY KUYKENDALL, SECOND BY CRIEGO, TO CONTINUE THE
HEARING TO APRIL 13, 1998, AND DIRECT STAFF TO PREPARE A
RESOLUTION OF DENIAL WITH FINDINGS.
Vote taken signified ayes by all. MOTION CARRIED.
C. Case File #98-032 Consider repealing Ordinance #92-09 which deleted
mineral extraction as a conditional use in the A-I and C-I Zoning Districts.
Planning Coordinator Jane Kansier presented the staffreport dated March 23, 1998 on
file in the office of the City Planner.
The purpose of this public hearing is to consider repealing Ordinance #92-09, which
deleted mineral extraction as a conditional use in the A-I (Agricultural) and C-l
(Conservation) Zoning Districts. Repealing this ordinance will re-establish mineral
extraction as a conditional use in these districts.
In 1992, the City Council adopted Ordinance #92-09, which deleted mineral extraction
from the list of conditional uses in the A-I and C-l districts. This action was the
culmination of a process dating back to early 1991 when the City was party to a
Metropolitan Significance review of a proposed mining operation on the McKenna
property in Shakopee. The Council first enacted a moratorium on mineral extraction
while the issue was studied. The end result was the adoption of Ordinance #92-09. The
reasons for the enactment of this ordinance included:
· The activity is not currently taking place in Prior Lake
· Effective, fair, efficient regulations are not in place
· Qualified evaluators are not on City staff
· Mining and residential development are not compatible uses
When the Council adopted this ordinance, they did not amend Title 9, Chapter 6 of the
City Code which allows Excavating and Filling with a permit issued by the City
Engineer. The end result is these two provisions conflict with one another.
The conflict between the Zoning Ordinance and Section 9-6 ofthe City Code needs to be
resolved. The proposed zoning ordinance allows mining and extraction as a conditional
use, with several specific standards and conditions. However, that provision will most
likely not become effective until sometime this summer.
1:\98files\98plcomm\pcmin\mn032398.doc
5
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Planning Case File No. q&. 0 ?::ff
Property Identification No.
City of Prior Lake ., t::... 60 J '2...:-} ()
LAND USE APPLICATION 0( v - -0 ~ -
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612)447-4230, Fax (612)447-4245
Type of Application: Brief description of proposed project (attach additional
o Rezoning, from (present zonin!:) sheets/narrative if desired)
to (proposed zonin!:) 13' F c{ ~f(. fir Ga-vc<-r<-
o Amendment to City Code, Compo Plan or City Ordinance
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
Variance
o Other:
Applicable Ordinance Section(s):
APPlicant(S):~~t ~~\
Address: I ;s- +
Home Phone: %":~- 3{o L~
AVE;
Work Phone:
~~-S8qq
Work Phone:
2-?c-~B
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
DA TE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
lu-app2.doc
Date
------
3035
i,
i
DAVID BERENS REMAX RESULTS
11200 W, 78TH ST. rll. ..61Q lill II IT
EDEN PRAIRIE, MN 55344
; ~~~OF qif~p
; C>~ 4...L-P fIf
411_ fI~~M~~~55101
'" FasIUne-24-Hour Banking 612/244-4646
DATE
:$ /1-7Y
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DOLLARS ffI="::'
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FOR
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
RECEIPT# 32408
DATE: 5J I J} 'lg
,
--------
~ollars
$ )<;:0 OD
BUILDING PERMIT #
BUILDING PERMIT #
Building Permit Fee
Plan Check Fee
State Surcharge
Plmb Pmt pp#
Mech Pmt mc#
(Heating only - $65.00)
(Htg & Air - $100.00)
(Fireplace - $40.00)
(Air - $40.00)
Swr/Wtr Pmt sw #
Other
Total
1,200.00
700.00
1,500.00
Building Permit Fee
Plan Check Fee
State Surcharge
Park Support Fee
SAC
Plmb Pmt pp#
Mech Pmt mc#
Mech Pmt mc#
Swr/Wtr Pmt sw#
Pressure Reducer
Water Meter
Tree Preservation Deposit
Swr/Wtr Connection Fee
Water Tower Fee
Builder's Deposit
Other
Total
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
&wdllJtf!1n of the City of Prior Lake County. of Scott, Stale of
Minnesota, being duly sworn, says on the ~daY:=~998, she served
the atta ed r st of persons to have an interest in the -. I2a.t\8. V~
- by mailing to them a copy thereof,
enclosed in an en elope, 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 , 1998.
NOTARY PUBLIC
MAILAFFD.DOC
PAGB
NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES:
A 12 FOOT VARIANCE TO PERMIT A 13 FOOT FRONT YARD SETBACK
INSTEAD OF THE REQUIRED 25 FEET FOR PROPOSED GARAGE
ON PROPERTY LOCATED IN THE R-2 (URBAN RESIDENTIAL) DISTRICT
IDENTIFIED AS 16345 DULUTH AVENUE.
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior
Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection ofC.R.
21 and Fish Point Road), on: Monday, March 23,1998, at 6:30 p.m. or as soon thereafter as
possible.
APPLICANTS:
Hogger Realty
David Berens
16345 Duluth Avenue
Prior Lake, MN 55372
PROPERTY
OWNERS:
Same
SUBJECT SITE:
16345 Duluth Avenue, legally described as Lot 23, Block 3, Cates
Addition except the south 20 feet thereof, Scott County, MN.
REQUEST:
The applicant is intending to construct a 36' by 22' detached garage on a
comer lot. The garage will be setback 5 feet from the interior east lot
line and 10 feet from the interior southern lot line. The lot is 40 feet
wide and 130 feet long (5,200 square 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.
L:\98FILES\98V AR\98-039\98-039PN.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
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between
the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will
accept oral and/or written comments. Oral or written comments should relate to how the
proposed construction and requested variances are or are not consistent with the above-listed
criteria.
Prior Lake Planning Commission
Date Mailed: March 12, 1997
L:\98FILES\98V AR\98-039\98-039PN .DOC
2
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PROPERTY LOCATION
SURVEY PREPARED FOR:
DAVID BERENS
17645 JUNIPER PATH
SUITE NO 200
LAKEVILLE, MN. 55044
~
Valley Surveying CO" P. A.
sUIre 120-C I 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE I MINNESOTA 55372
TELEPHONE (612) 447-2570
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DESCRIPTION:
Lot 23, CATES ADD'N, Scott County, Minnesota. Excepting therefrom the
South 20.00 feet thereof. Also showing the location of the proposed garage.
NOTES: Benchmark Elevation 942.84 top nut hydrant@ the NE quadrant of
Duluth Avenue and Pleasant Street
935.0 Denotes existing grade elevation
~
(935. 8) Denotes proposed finished grade elevation
- Denotes proposed direction of finished surface drainage
Set the proposed garage slab at elevation 936.04
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Property area = 5,200 square feet
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FILE: No. 8646
800K~PAGE:~
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Robert Klehr
4527 Pleasant Street SE
Prior Lake, MN 55372
Jay & Chris Swiggum
4507 Pleasant Street
Prior Lake, MN 55372
Alois Grommesch
5364 160th Street E.
Prior Lake,MN 55372
Robert & Carla Niesen
16377 Duluth Ave SE
Prior Lake,MN 55372
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Hogger RealtY,Inc.
17654 Juniper Path#200
Lakeville, MN 55044
Church of St. Michael
16311 Duluth Ave
Prior Lake, MN 55372