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HomeMy WebLinkAbout99-043 Variance Doc. No. T 1 06536 File - Vol. 92 Page 148 Gert. 30706 OFFICE OF THE REGISTRAR OF TITLES SCOTT COUNTY, MNNESOTA Certified Filed on 08-27-1999 at 08:10 [J4AM [ ] PM Project #98-043 Charlotte Roehr Variance Pat Boeckman, Registrar of Titles 02 by c... J , Deputy Fee: $20.50 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Deputy City Clerk ofthe City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of RESOLUTION 99-12PC elly Meyer Deputy City Cle k P, Dated this ~ day of August, 1999. (City Seal) 1;ldeptworklblonkftmltruecopy.doc RESOLUTION 99-12PC A RESOLUTION APPROVING A 15.0 FOOT VARIANCE TO PERMIT A DRIVEWAY WIDTH OF 39.0 FEET INSTEAD OF THE MAXIMUM WIDTH AS MEASURED AT THE PROPERTY LINE OF 24.0 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Charlotte Roehr has applied for a variance from the Zoning Ordinance in order to permit the construction of a single family residence with attached garage on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office of the Register of Deeds for Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #99-043 and held hearings thereon on August 9, 1999. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. f: \dept\planning\99files\99var\99-043 \re9912pc.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 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. The lot is a peninsula and the access to the road must be raised to 907.9 elevation. A turn around must be provided at the end of the road, which is adjacent to the applicant's property. There is limited space to construct a turn around, as the road was platted in 1930. 6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of the property does not exist without the granting of the variance. 7. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 8. The contents of Planning Case 99-043 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for future driveway with turnaround as per Exhibit A; 1. A 15.0 foot variance to permit a driveway width of39.0 feet instead of the maximum 24.0 foot width as measured at the property line. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and, pursuant to Section 1108.415 of the City Code, the variance will be null and void if the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Adopted by the Board of Adjustment on August 9, 1999. f: \dept\planning\99files\99var\99-043\re9912pc.doc 2 ~ f: \dept\planning\99files\99var\99-043\re9912pc.doc ~ Anthony Stamson, Chair 3 ~:~i'/i?ir.:::~~',:~.:~~, '. . ...:'~<~t:/'..~:,.:;:.:,. ., ' . .'1.:.+*:',;1/ .!:.\\~;' ~1~iIlBIT A >:;,i?ij~:ir:?: . !. . . LL.J ~ ~O> -J~ ~ .... .. .. , . . . .. ... .. . W, 'd.~ >-u) 'O~ - ..J ~ ' ,.., 'r, <1'2 ~'" ~?'6 'i ~i '* ct'o Ofj --- 0> ct'. QcJ I I r- .- ~" "1<:) j' / OO'O~ / / / / .. (/; ... ar i ; \ ., .SJ o IT' \ . . .{ Doc. No. T 1 06535 File - Vol. 92 Page 148 eert. 30706 OFFICE OF THE REGISTRAR OF TITLES SCOTT COUNTY, MNNESOTA Certified Filed on 08-27-1999 at 08:10 [iJPM [ ] PM Pat BoeckrTBn, Registrar of TiUes 02 by r./, Deputy Fee: $20.50 Project #98-043 Charlotte Roehr Variance 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 the original true and correct copy of RESOLUTION 99-11PC Kelly Meyer Deputy City C erk .ll- Iii \ Dated this ~ day of August, 1999. (City Seal) I:\deptwork\blankfnnlcruecopy.doc RESOLUTION 99-11PC A RESOLUTION APPROVING A 26.0 FOOT VARIANCE TO PERMIT A SETBACK FROM ORDINARY HIGH WATER MARK OF 49.0 FEET INSTEAD OF THE REQUIRED SETBACK OF 75.00 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Charlotte Roehr has applied for variances from the Zoning Ordinance in order to permit the construction of a single family residence with attached garage on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office of the Register of Deeds for Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #99-043 and held hearings thereon on July 12, 1999. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. f:\dept\planning\99files\99var\99-043\re99 1 1 pc.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 , , 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. There is no legal building envelope for the lot. The lot is a peninsula and therefore, OHW setback averaging cannot be utilized. This results in a 75-foot OHW setback and no legal building envelope. 6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of the property does not exist without the granting of the variance. The applicant has designed a house meeting the previous 50 foot OHW setback. 7. The proposed house will be setback farther from the lake and at a higher elevation than the existing cabin as well as the adjacent structure. The proposed house will be above the regulatory flood protection elevation. 8. The proposed structure with the variance granted is within DNR recommendations. 9. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 10. The contents of Planning Case 99-043 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for future single family dwelling with attached garage as per Exhibit A' , 1. A 26.00 foot variance to permit setback from Ordinary High Water, OHW of 49.00 feet instead of the required 75.00 foot setback. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. The road access to the property must be at or above 907.9 elevation. A building permit will not be issued until a plan has been approved (public or private) to raise to road to be compliant with the required flood protection elevation road access of 907.9 f:\dept\planning\99files\99var\99-043\re99 1 1 pc. doc 2 .. '. 2. A revised survey must be submitted indicating the screened porch and second story deck meeting the 49.00-foot OHW setback. This must be submitted prior to the issuance of a building permit. 3. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and pursuant to Section 1108.415 of the City Code, the variance will be null and void if the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Adopted by the Board of Adjustment on July 12, 1999. h~S Ch' Ant ony tamson, 1m (]EST: Donald R. Rye, PI f:\dept\planning\99files\99var\99-043\re99 1 1 pc.doc 3 TOPOGRAPHIC SURVEY PREP ARED FOR: CHARLOTTE ROEHR 1'5322 QED OAKS ROAD S.E. PRIOR LAKE. MN. 55.372 VALLEY SURVEYING CO., P.A. 16670 FRANKLIN TRAIL SE. SUITE 230 PRIOR LAKE MN. 55372 PH. (612) 447-2570 FAX (612) 447-2571 _ N88'26' 4S"W 120.00 ~"f;;$41~t;; EXHIBIT A N ........ ........ ~ ~ 'v <>,<>' ,J)' ........ ........ ...... ........ ........ ........ ........ ...... 18~........ . . '.' ...... ...... ...... ...... .1' '\\ O~ 0 ;-.;: tV ~ <>,0 << 0" ...... ........ ........ ...... / !.... "'" ----... ~, , , , ~" ", PRIOR tl 902.0 LAkE: 1/8/99 GRAPHIC SCALE +0 I ( IN FEET ) inch = 20 (t. PROPERTY DESCRIPTION AS PROVIDED: Lot 29. RE:O OAKS on Prior Lake EXCEPT that part dl!scribed os follows: Commencing at the SOu lheast ..:orn<< ot solo Lot 29. tne some being lhe northeast coml!f 01 Lat26 of said plat; thence North 68 degrees 21 minutes ~2 seconds West (assumed beorinq) 01009 the southet1y lioe 01 said Lot 29. Q distance 01 103.89 feet. to the point of beginning at the land to be de,c:ribed; thence NOtth 62 degrees 09 minutes 42 Sl!lcoUljs West 157.47 lee. to the westerly line of said Lot 29; lhence South 32 \1eqrees 00 minutes 40 secoods West along s..Jid we,terly line 17.29 leet to the southerly line 01 $Oid Lot 29; thence South 68 deqrus 21 minutes 42 seconds East 159.66 feel. >JIang soid wutherly line to the point 01 beqinning. . Denotes Iron Monument Found o Denotes Iron Monument set and marked by License No. 10183 .' ..-':...... and Lol. Th~ty (JOl. Thirty-one (J1). Thirty-two (J2) and Th~ty-Ihree (JJ), REO OAKS on j:)rior Lake according to the plat thereof filed of record in the Office 01 the Regisllif' at Deeds fOf' 'SOld Scott County, Minnesota. ..... .:.{:>.I A i er 10183 January, 1999 end of Ex. Driveway Son. MH & P.P.'s ",. .... ASSENT OF APPLICANT The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolutions, and I am familiar with their contents and with the content ofthe exhibits. 2. I fully accept all of the terms and conditions of said Resolutions. 3. I understfuid Section 1108.400 ofthe Prior Lake Ordinance Code provides as follows: 1108.413 Revocation and Cancellation of a Variance. A Variance may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Variance has violated any of the conditions or requirements imposed as a condition to approval of the Variance, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.414 After One Year. No Construction Required. All Variances shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Variance and the holder of the Variance has failed to make substantial use of the premises according to the provisions contained in the Variance. 1108.415 After One Year. New Construction Required. All Variances shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Variance if a new structure or alteration or substantial repair of an existing building is required by the Variance and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails to make actual use of vacant land, or land and structures which were existing when the Variance was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Variance and no building permit has b~en obtained, the Variance shall be deemed revoked and canceled upon the occurrence of any of the following events: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. F:\DEPT\PLANNING\99FILES\99V AR\99-043\ASSENT.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 r . ~ .~ (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Variance. (3) The use described in the Variance becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Variance is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Variance was issued files a written statement in which that person states that the Variance has been abandoned. The statement shall describe the land involved or state the resolution number under which the Variance was granted. (6) The premises for which the Variance was issued are used by the person to whom the Variance was issued in a manner inconsistent with the provisions of such Variance. 4. I understand the granting by the City of these Resolutions is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolutions. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolutions. / J-Y - 91 DATE f/pt/Pirblt::i IGNATURE OF APPLICANT'- ~~ SIGNATURE R--"'" 15322 Red Oaks Road ADDRESS OF PROPERTY F:\DEPT\PLANNING\99FILES\99V AR\99-043\ASSENT.DOC 2 STAFF REPORTS AND MINUTES Council Meeting Minutes August 16. 1999 taxpayer. Also advised the Council that the legal services provided by Ms. Pace have been remarkable and that the City staff and City Council have had a very productive relationship that has allowed the City to operate at maximum effectiveness. Strongly recommended approval of the resolution. MADER: Asked if there will be any issues handled by Campbell Knutson from this point on? BOYLES and PACE confirmed that all files have been transferred. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ~ ANNOUNCEMENTS AND OTHER BUSINESS: . Charlotte Roehr Road Construction Issues 11""ri-1' MOTION BY MADER, SECOND BY WUELLNER TO DIRECT THE ISSUE BACK TO STAFF AND V\ CITY ATTORNEY FOR FURTHER NEGOTIATION AND RESOLUTION. KEDROWSKI: Questioned the City's options if staff and the party cannot come to some resolution. Concerned that the reason the issue has come before the Council is because staff and the party could not reach a resolution. BOYLES: Advised that the Council should exercise a great deal of caution on whether or not it wants to be in the position of negotiating contracts. However, the Council is the appealing body. It is a balancing act. MADER: Noted that the City Attorney has advised that there was a process for negotiating and that there would be further discussions. Believes it is inappropriate at this point for the Council to interfere in the staff process. SCHENCK: Asked if, in the circumstance that there is no agreement, whether the Council will see this issue again as an appeal, or as litigation? MADER: There is always the possibility of litigation. As a Council, we have some obligation after it's clear there is no resolution to give a party an opportunity to be heard. In this circumstance, it appeared the parties were on track to a resolution. PACE: There has not been a situation where the City hasn't been able to come to a resolution, and the matter has been brought to the City Council. As a matter of course, the City Manager and City Attorney would apprise the Council of a situation where there was a policy issue for the Council to decide. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Restroom Facilities for the Park Being Developed on the Busse Properly. MOTION BY MADER, SECOND BY KEDROWSKI, TO DIRECT STAFF TO INITIATE PLANS TO ADDRESS THE ADDITION OF RESTROOM FACILITIES AS PART OF THE PARK BEING DEVELOPED ON THE BUSSE PROPERTY. 081699.DOC 10 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A CONSIDER DRIVEWAY WIDTH VARIANCE FOR CHARLOTTE ROEHR, Case File #99-043 LOTS 29-33 RED OAKS JENNITOVAR,PLANNER JANE KANSIER, PLANNING COORDINATOR _X_ YES NO AUGUST 9, 1999 On July 12, 1999, the Planning Commission heard a variance request from Charlotte Roehr relating to OHW setback. A condition of approval included reducing the driveway width to no more then 24 feet, measured at the property line. The applicant requested this condition be removed due to the turn around needed at the end of the roadway. The Planning Commission concurred with the applicant and directed staff to take the necessary administrative steps to granting the approval. The driveway does require a separate variance, which has now been properly published. DISCUSSION: The proposed driveway is 39 feet wide at the property line (Exhibit A). Section 1107.205 of the City Code allows for a maximum driveway width of 24 feet at the property line. Therefore, a 15 foot variance is necessary. As a part of the redevelopment of the lot, the applicant will be raising the road accessing the lot. The wide driveway is necessary to accommodate a turn-around at the end of the road. Lots 29-33 Red Oaks were platted in 1930. The property is located within the R- 1 (Suburban Residential) and the SO (Shoreland Overlay) districts. The lot is riparian and portions of the lot are below the 1 OO-year flood elevation (908.9). A majority of Lot 32 and all of Lot 33 are located below the OHW. The lot is a peninsula with an adjacent structure on Lot 28. The lot is accessible by a previously dedicated public right-of-way. The applicant does not own the adjacent parcel. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The DNR comments on this request are attached. In essence, the DNR has no objection to variances requested, as the applicant has been working with city staff and the DNR to find an appropriate means to develop the site. VARIANCE HARDSHIP STANDARDS 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. The lot is a peninsula shaped lot, resulting in the need for a turn around at the end of the road. Considering this is the last lot on the road, a turn around is necessary. Given the limited amount of space to place the turn around, hardship exists for making the turn around part of the driveway, resulting in undue hardship with respect to the lot. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The lot is a riparian peninsula shaped lot. It is very unique when compared to other riparian lots. It is the last lot on the peninsula accessed by the roadway, thus requiring a turn around. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. In granting the variance, the right to develop one's property will be preserved and enjoyed by the applicant. 4. The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. The applicant will be improving the property and access. The access to the proposed house will meet the flood plain requirements as part of this project. The turn around will actual improve the safety of the area and not be detrimental. \\FS 1 \SYS\DEPT\PLANNING\99FI LES\99V AR\99-043\V ARRPT2.DOC Page 2 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. The granting of the variance will improve the character of the neighborhood and further improve the health and safety of the neighborhood. In addition, the access will be raised and a turn around provided. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of the variance is not contrary to the Comprehensive Plan. The intent of the driveway maximum is to allow for on street parking and separation of driveways in residential neighborhoods. The granting of this variance for a turn around at the end of a peninsula will not be contrary to the intent of the ordinance. 7. The granting of the Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. A hardship exists and is not merely a convenience to the applicant as there are unique circumstance regarding raising the road and the land available to construct a turn around. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. The hardship is caused by the peninsula shaped lot and the requirement for the applicant to raise the road and provide a turn around. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. The hardship is caused by the peninsula shaped lot and requirement to raise the road with limited land. The request is not based on economic conditions of any kind. RECOMMENDATION: Staff feels all of the variance hardship criteria have been met and recommends approval of the driveway width variance. \\FS 1 \SYS\DEPT\PLANNI NG\99FI LES\99V AR\99-043\V ARRPT2.DOC Page 3 ALTERNATIVES: 1. Approve the variances requested by the applicant, or approve any variances the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. In this case, the Planning Commission should direct staff to prepare a resolution with findings denying the variance requests. ACTION REQUIRED: Motion and second adopting Resolution 99-12PC approving a 15-foot variance to allow a driveway width of 39 feet, rather than the maximum allowed of 24 feet. \\FS 1 \SYS\DEPT\PLANNI NG\99FI LES\99V AR\99-043\V ARRPT2. DOC Page 4 RESOLUTION 99-12PC A RESOLUTION APPROVING A 15.0 FOOT VARIANCE TO PERMIT A DRIVEWAY WIDTH OF 39.0 FEET INSTEAD OF THE MAXIMUM WIDTH AS MEASURED AT THE PROPERTY LINE OF 24.0 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Charlotte Roehr has applied for a variance from the Zoning Ordinance in order to permit the construction of a single family residence with attached garage on property located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office of the Register of Deeds for Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #99-043 and held hearings thereon on August 9, 1999. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. f:\dept\planning\99fi1es\99var\99-043\re9912pc.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 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. The lot is a peninsula and the access to the road must be raised to 907.9 elevation. A turn around must be provided at the end of the road, which is adjacent to the applicant's property. There is limited space to construct a turn around, as the road was platted in 1930. 6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of the property does not exist without the granting of the variance. 7. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 8. The contents of Planning Case 99-043 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for future driveway with turnaround as per Exhibit A; 1. A 15.0 foot variance to permit a driveway width of39.0 feet instead of the maximum 24.0 foot width as measured at the property line. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and, pursuant to Section 1108.415 of the City Code, the variance will be null and void if the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Adopted by the Board of Adjustment on August 9, 1999. f: \dept\planning\99fiIes\99var\99-043\re9912pc.doc 2 ~ f: \dept\planning\99fiIes\99var\99-043 \re9912pc.doc ~ Anthony Stamson, Chair 3 , ~.;:~i~2;~:.'>,.' . . " . .,', .~~re~'~'/.. \~,.\.~:: '. ',:' ~ ""'irftIBIT A .,,~;~~~~t~, . I,," " . / . . / / / / / / / / / / /~ 1.'0' (cj /... u..J ~ ~O) -.J~ ~ -- ,.,' .. .. .. ,.. . . W. l-<J't <1_ j:.ul 'O~ - ..J ~ . ?" ~'2 ~ul ~ ~'5 ~'t, t "* CCo ON __ 0 CC~ QGf / I /~ rf >. ot~ / o~ / / / / (/; ~ ~ . 0\ \ ';. ':-t." .' t ~.~ " .... . ' . PLANNING COMMISSION MINUTES MONDAY JULY 12, 1999 1. Call to Order: The July 12, 1999, Planning Commission meeting was called to order by Chairman Stamson at 6:33 p.m. Those present were Commissioners Cramer, Stamsol.tkCriego and Vonhof, Planning Director Don Rye, Planner Jenni Tovar, Zoning AdmillistHit6itSteve Horsman, Assistant City Engineer Sue McDermott and Recording Se.9dlw-r Connie Car lson.;.;..;:.;;..;;;.;;;.;.:..::.:::.;:::;;.:;:::::~..;:~::~.i;:~:.~:::~/;;";;::\:::::ii::::i\::::. 2. RollCall: ../:::::::::::::.... ;:\:::::::'::::~~~~~:~:::::::i::::.::::~::~~:\::. . . . . . . . . . . . . . . . . . . . . .................... . . . . . . . . . . . . . . . . . . . . . ........... ........ ......... ..... ........ .... ....... .. .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... ..... ........... ...... .................. ................. Vonhof Kuykendall Criego Cramer Stamson Present .... .... Absent .;:.~.:.:.;.. Present .. ...... Present Absent .:::\~::!il!il!i!i:ii::~::~::~~:::.. 3. Approval of Minutes: .. .... ........ .... ................. ................. .................. ................. . . . . . . . . . . . . . . . . . . ................. .................. .................. .... ........... ..... ...................... ..... ........................ The Minutes from the June 28, 1999 Planni~::,cqwmlssi&a,::I'ting were approved as presented..:;::::::::::::::::::::::::::::::::::.:.:.:.:..\::;:;.:;:::"::::: . ...... ......... ...... ......... ...... ......... Commissioner StamsOl.}:::Fflved at ~~14 p.m. ~ 4. Public HeaHng~~i.:.::::~::::~::::.. ..::/} ):~i~:~::i:rrr::rrr:r::: ... ..... .. commis~~.:~7f:::Y8~::~:::eadt."!1=]0:~~.~.~earing statement and opened the public hearings. A.::)9~i'se File #~i~~III::,. Charj~JjtRoehr is requesting an ordinary high water set~"sk variance for th,::p,roperty located at 15322 Red Oaks Road. ........... ...... PlanneF:~iOOi Tovar pre~!,ied the Planning Report dated July 12, 1999 on file in the office of th~:.'~~i~~}aFctor. Staff felt all ofllii:::y.anance hardship criteria had been met and recommended approval of the OHW setbac.lf:variance with three conditions: 1. A building permit will not be issued until a plan (public or private) is approved to obtain road access at or above the minimum required of907.9 or a variance is granted by the City. 2. The survey must be amended to indicate the screened porch and second story deck meeting the 49-foot OHW setback. 3. The maximum driveway width cannot exceed 24 feet measured at the property line. DNR Area Hydrologist, Patrick Lynch, (letter dated July 1, 1999) was not opposed to the setback variance but recommended conditions of approval for consideration. 1:\99files\99plcomm\pcmin\mn071299.doc Comments from the public: Bryce Huemoeller, 16670 Franklin Trail, attorney for the applicant, spoke on the hardship conditions emphasizing the property is unique with 3 lakeshore setbacks where setback averaging cannot be used. From an undue hardship standpoint there is no building envelope without a variance. The cause ofthe hardship is the unique design of the plat dating back to the 1930's. Huemoeller felt the proposed use is reasonable ~4::E~nsistent with the neighborhood. It is conservative with respect to the impervious.J~9ffiiM)tThe new proposal will take the property out ofthe flood plain. The applicw1~:::9:riginally started the process with staff in 1998, but did not submit an application tp}IJ:iaft'::~h~ new zoning ordinance was adopted leaving the applicant subj ect to the chang:~:::9j ordirliiiji!~: The applicant intends to engage in a private agreement with the G!~:)y'i~b regard f((I~load ~;:::~ion and improvement. Huemoeller also addressed t:2;:JIiVeway and tumai6~1!::::::::~::)> ........ ...... .:(f::::" The public hearing was closed. ..:\:~:~:~::::.::::~::::!ii::::::::::. Comments from the Commissioners: V onhof: . ... .... .. ............ .... .................... .................. . . ................ : ~;~;::;:,:n":li~:~: ~~::;~~:,\~~~eria had heen met. ....... . . . . . . . . . . . . . . . . . .................. ................... .................... .................... ................. Stamson: ..:::(:!:i::::..:................. ..... · Hardship criteria h.ill:JJ.:~b6.en met.::::::$he properiY!::!i:}~nique with no legal building · ~~:e~~~;c::~~~,:i~~'1;~~:id;ly~m~rm9V~~ the existing structure which is below the flood elevations. ..::::~~:::?:ff:::::.. ............:.:::::::::::::::.. · The appl!9gt:h~:~one a B~lmendable job working within the intent of the ordiB~cK.......:.:.:.::::::::::~~t:!:::::::::::~::::::: ........... ..:. · ~HPport as presenn;,,;,:~::::\: ......... .':':':':':':':':':':':':':';'. ;ri~~6.qWith COJ~~sioners. · Tovar satl:!!~~le ro~9?was a dedicated public road. The driveway is private. The Private Us:(%piNoloHc Property Agreement would give the applicant the opportunity at their cost, t9::;~jrlprove the road to meet City ordinances and be out ofthe flood plain. . The road has. to be raised to 907.9. · Supportive of staffs recommendations and conditions. Cramer: · Question for staff: Any concern after the grade is raised? Is the adjoining cabin above the flood plain? Tovar explained the drainage swale along the property line. · If the road is improved, does the City look at the drainage? McDermott responded that they did review the drainage. 1 :\99files\99plcomm\pcmin\mn071299 .doc 2 · Needs turnaround in the driveway for safety. · Supported the variance request, but would like to see the third condition removed. Applicant Charlotte Roehr commented the hammerhead driveway is in the right-of-way. She stated she was volunteering to build a longer road for the City rather than a shorter road to use a turnaround. Roehr said she would compromise a 5 foot strip on her property for a driveway rather than encroaching on the lake or going belovy,;::1:1Mt2.94 level and a narrow driveway. ..:::::{j}}:::::::':':':':':::::::::::;::: ........................... MOTION BY VONHOF, SECOND BY CRAMER, TO ADOPl.::::BlS'(jnliJON 99- IIPC APPROVING A 26 FOOT VARIANCE TO PERMIT A SIltBACFt:::l11I:Q.M ORDINARY HIGH WATER MARK OF 49 FEET INSTE1I:::9g:]ll;HE REQUlBgD SETBACK OF 75 FEET WITH AN AMENDMENT TO)~;BNfOVE CONDITIO~:it,tB:{::{j> REGARDING THE DRIVEWAY REMAIN AT 24.::~:Ir:jr: ":\::::::::" .::.;.II::::::ji:}:' Vote taken indicated ayes by all. MOTION CARRfED~:::::::::::t:::::.. ..:(::!:::::jj:/\::::::::j::::. ........:..... ,,;.:.:.:.' ',' '.;.;.;.;.;.;.;.;.;.;.;.;.;.;.' MOTION BY VONHOF, SECOND BY ~RIEGO, TO DIRE.t~TAFF TO RESEARCH THE APPROPRIATE ACT:!t?tl::TP GRANT Ca.g:;FTE ROEHR A DRIVEWAY V ARIANCE. '::::::m:::,::::\\:::tt::::t::::::::::::.,..<:tt}}:. :::~::::::s~:~~T::~~ 40/ B. Case File #~8iQ~* BrianJlurkart is reqJ~sting the following variances: lot ~:::;e~o::l~;c;;s~~s~i~,"~,pil~~M~:::~!~f"Ee and driveway for the property ............... .. , ... ................ ....." ...................... .......... ......................... .......... PlannerJm.WFT6\%.{ifx~ented th~::~!WJhing Report dated July 12, 1999 a copy in the offic~:ptlhe City Phirtijiit ":{:})} ... .. ......................... ............... Stiff:t'-1t::}vith respect to tlj~ lot area variance and driveway access elevation variance, the variance::1.1r9ship criteri~::Jave been met and recommends approval with three conditions: 1. The ptDi:l4.w.bers a,p~::legal description are combined to create one lot prior to the issuance of a:::61~9i!l!~:::permit. 2. A revised survey compliant with all other ordinances be submitted prior"tp:::ithe issuance of a building permit. 3. Year round occupancy of the structure will be::permitted upon submittal of an emergency management plan to be approved by the Police Chief and Fire Chief. The hardship criteria with respect to driveway width and impervious surface have not been met. These variance should be denied and a revised survey submitted prior to approval of a building permit. 1:\99fi1es\99plcomm\pcmin\mn071299.doc 3 Minnesota Department of Natural Resources Metro Waters -1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 July 30, 1999 AUG - 3 1999 Ms. Jenni Tovar City of Prior Lake 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 RE: VARIANCE REQUEST FOR DRNEW A Y WIDTH, 15322 RED OAKS ROAD, PRIOR LAKE Dear Ms. Tovar: I have reviewed the zoning matter you forwarded to my attention and offer the following comments for consideration at the August 9, 1999 Planning Commission hearing: The DNR is not opposed to issuance of the driveway width variance. Any fill placed on the site below the Ordinary High Water Level of 904 feet will require a DNR permit. Thank you for the opportunity to review and comment on the subject zoning matters. If you have any questions, please call me at 651-772-7917. Sincerely, ~~~~ patriCkJ.Lyn~ - Area Hydrologist PJL/rag DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity '-' Printed on Recycled Paper Containing a ".., Minimum of 1 0% Post-Consumer Waste ,.......__~:~;.~.~.;..~;__~:;...~..._.-...'L'~',,"".~,~..".~.."-,.,,__,^',,_,,_'_'_'~:"'_,,".,..,.'" . .. . . . '~"."~...,,._...' . .__,_'_."" "''''"_~_''' "'-' ."~'_'U"'~_"'__";"':"":'~".-~'~-,._.. .".._ '--'-_"._'-~_'" ..... RESOLUTION 99-11PC A RESOLUTION APPROVING A 26.0 FOOT VARIANCE TO PERMIT A SETBACK FROM ORDINARY HIGH WATER MARK OF 49.0 FEET INSTEAD OF THE REQUIRED SETBACK OF 75.00 FEET. BE IT RESOL YED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Charlotte Roehr has applied for variances from the Zoning Ordinance in order to permit the construction of a single family residence with attached garage on property located in the R-I (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office of the Register of Deeds for Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #99-043 and held hearings thereon on July 12, 1999. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. f: \dept\planning\99fi1es\99var\99-043 \re99 1 1 pc. 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 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fIre, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. There is no legal building envelope for the lot. The lot is a peninsula and therefore, OHW setback averaging cannot be utilized. This results in a 75-foot OHW setback and no legal building envelope. 6. There is justifIable hardship caused by the peninsula shaped lot as reasonable use of the property does not exist without the granting of the variance. The applicant has designed a house meeting the previous 50 foot OHW setback. 7. The proposed house will be setback farther from the lake and at a higher elevation than the existing cabin as well as the adjacent structure. The proposed house will be above the regulatory flood protection elevation. 8. The proposed structure with the variance granted is within DNR recommendations. 9. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 10. The contents of Planning Case 99-043 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for future single family dwelling with attached garage as per Exhibit A- , 1. A 26.00 foot variance to permit setback from Ordinary High Water, OHW of 49.00 feet instead of the required 75.00 foot setback. The following are conditions which must be adhered to prior to the issuance of a building 'permit for the proposed structure: 1. The road access to the property must be at or above 907.9 elevation. A building permit will not be issued until a plan has been approved (public or private) to raise to road to be compliant with the required flood protection elevation road access of907.9 f:\dept\planning\99files\99var\99-043\re991I pc. doc 2 .., 2. A revised survey must be submitted indicating the screened porch and second story deck meeting the 49.00-foot OHW setback. This must be submitted prior to the issuance of a building permit. 3. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and pursuant to Section 1108.415 of the City Code, the variance will be null and void ifthe necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Adopted by the Board of Adjustment on July 12, 1999. Q}EST Donald R. Rye, PI Anthony Stamson, Chair f:\dept\planning\99files\99var\99-043\re99 1 1 pc. doc 3 .....1 "" PLANNING COMMISSION MINUTES MONDAY AUGUST 9, 1999 1. Call to Order: The August 9, 1999, Planning Commission meeting was called to order by Chairman Stamson at 6:30 p.m. Those present were Commissioners Kuykendall, Stamson and Vonhof, Planning Director Don Rye, Planning Coordinator Jane Kansier and Recording Secretary Connie Carlson. 2. Roll Call: V onhof Kuykendall Criego Gramer Stamson Present Present Absent Absent Present 3. Approval of Minutes: The Minutes from the July 26, 1999 Planning Commission meeting were approved as presented. Commissioner Stamson read the public hearing statement and opened the meeting to the first public hearing. 4. Public Hearings: '---7 A. Case File #99-043 Charlotte Roehr is requesting a driveway width variance for the construction of a single family dwelling on the property identified as 15322 Red Oaks Road. Planning Coordinator Jane Kansier presented the Planning Report dated August 9, 1999, on file in the office of the City Planner. On July 12, 1999, the Planning Commission heard a variance request from Charlotte Roehr relating to OHW setback. A condition of approval included reducing the driveway width to no more then 24 feet, measured at the property line. The applicant requested this condition be removed due to the turn around needed at the end of the roadway. The Planning Commission concurred with the applicant and directed staffto take the necessary administrative steps to granting the approval. The driveway does require a separate variance, which has now been properly published. The DNR had no objection to the variance requested, as the applicant has been working with the City Staff and the DNR to find an appropriate means to develop the site. 1:\99files\99plcomm\pcmin\mn080999.doc ,,~ Staff felt the variance hardship criteria had been met and recommended approval of the driveway width. Comments from the public: Bryce Huemoeller, attorney for the applicant, 16670 Franklin Trail, said the staff report states the facts and asked the Commissioners to approve the variance. The public hearing was closed. Comments from the Commissioners: V onhof: · Supported the variance at the previous meeting. The hardship criteria has been met. · The DNR letter indicated they were not opposed to the driveway width. Stamson: · Concurred with V oOOof. This is a unique lot with hardships. Kuykendall: · Added it was in the public's interest as well as the individual property owner to grant the variance. MOTION BY VONHOF, SECOND BY KUYKENDALL, TO APPROVE RESOLUTION 99-12PC APPROVING A 15 FOOT VARIANCE TO PERMIT A DRIVEWAY WIDTH OF 39 FEET INSTEAD OF THE MAXIMUM WIDTH AS MEASURED AT THE PROPERTY LINE OF 24 FEET. Vote taken signified ayes by all. MOTION CARRIED. B. Case File #99-050 Northview Development Corporation is requesting an amendment to the City of Prior Lake Year 2000 Comprehensive Plan for the property located at 4520 Tower Street. Planning Coordinator Jane Kansier presented the Planning Report dated August 9, 1999 on file in the office of the City Planner. Northview Development is requesting an amended to the 2010 Comprehensive Plan Land Use Map from the C-CC (Community Retail Shopping) designation to the R-HD (High Density Residential) designation on the property located at 4520 Tower Street. This site consists of2.92 acres of vacant land and is located on the south side of Tower Street, between Toronto Avenue and Duluth Avenue, south of the Priordale Mall and west of Pond's Edge Early Learning Schoo1. 1:\99fi1es\99plcomm\pcmin\mn080999.doc 2 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A CONSIDER SETBACK VARIANCE TO ORDINARY HIGH WATER MARK FOR CHARLOTTE ROEHR, Case File #99-043_ LOTS 29-33 RED OAKS JENNITOVAR,PLANNER JANE KANSIER, PLANNING COORDINATOR _X_ YES NO JULY 12, 1999 The Planning Department received a variance application for the construction of a single family dwelling with attached garage (Exhibit A Survey). The proposed structure is to be setback 49 feet from the Ordinary High Water mark (OHW of 904 el.) rather than the required 75-foot setback (Section 1104.302). The applicant is thus requesting a 26-foot variance. DISCUSSION: Lots 29-33 Red Oaks were platted in 1930. The property is located within the R- 1 (Suburban Residential) and the SD (Shoreland Overlay) districts. The lot is riparian and portions of the lot are below the 1 OO-year flood elevation (908.9). A majority of Lot 32 and all of Lot 33 are located below the OHW. The lot is a peninsula with an adjacent structure on Lot 28. Therefore, setback averaging from the OHW cannot be utilized. The lot is accessible by a previously dedicated public right-of-way. The lot area above the OHW is 16,230 square feet and the lot width at the front yard setback of 25 feet exceeds the minimum requirement of 50 feet. There is an existing house and cabin on the lot, which will be removed as a result of the proposed construction. The applicant does not own the adjacent parcel. Utilizing the 75-foot OHW setback and 10 foot side yard setback, there is no legal building envelope on the site. A house cannot be constructed on this site without a variance. The proposed structure is approximately 30 feet wide and 70 feet long (2100 square foot footprint) including the garage. The applicant 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER designed the house to meet the previous OHW setback of 50 feet. The requested 49 foot OHW setback includes a 1-foot encroachment of the overlapping beams of the log cabin construction. The attached floor plan shows 2 bedrooms and a hobby room in addition to common rooms such as kitchen and living area. A screened porch and second story deck are considered structures and must be indicated on the survey meeting the required setback. As a part of the development of this lot, the road access must be at 907.9 feet or higher. The City has met with Charlotte Roehr and the DNR to discuss her options regarding the required road elevation. She has three options as follows: 1. Request a variance to the minimum road access requirement of 907.9 elevation. 2. Raise the road a part of the project. This will require a "Private Use of Public Property" Agreement to be approved by the City Council. The agreement allows work to be done in the public right-of-way. The road would be elevated and hard surfaced. Curb and gutter would not be required as part of this agreement. 3. Request the City raise the road. This would require City Council approval and implementation of the Capital Improvement Program and assessments to the benefiting property owners. The City Council has the discretion to deny any such requests. The existing house is setback 33.2 feet from the OHW and is located below the regulatory flood protection elevation of 909.9 (approximately 906.8). Another smaller cabin is setback approximately 8 feet from the OHW. The proposed structure, setback 49 feet from the OHW, will be setback 15.8 feet farther than the existing cabin. The proposed impervious surface is 18.3%. The DNR comments on this request are attached. In essence, the DNR has no objection to OHW setback requested, as the applicant has been working with city staff and the DNR to find an appropriate means to develop the site. VARIANCE HARDSHIP STANDARDS 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. The lot is a peninsula shaped lot, resulting in the inability for setback averaging from the OHW to be utilized. Therefore, given the required 75-foot L:\99FILES\99V AR\99-043\V ARRPT.DOC Page 2 setback from the OHW on three sides, there is no legal building envelope without a variance. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The lot is a riparian peninsula shaped lot. It is very unique when compared to other riparian lots. A large portion of the lot is below the regulatory flood protection elevation with lakeshore on three sides of the lot. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. Without a variance, the existing non-conforming structure can remain and no new or additional structures can be erected. However, in granting the variance, the right to develop one's property will be preserved and enjoyed by the applicant. 4. The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. The applicant will be improving the property and constructing a year round house located further from the OHW than the existing cabin and located above the 100 year flood elevation. The access to the proposed house will meet the flood plain requirements as part of this project. The proposed house will be setback farther from the OHW than the adjacent cabin. 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. The granting of the variance will improve the character of the neighborhood and further improve the health and safety of the neighborhood. In addition, the access will be raised and the proposed house located above the regulatory flood protection elevation. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. L:\99FILES\99V AR\99-043\V ARRPT.DOC Page 3 The granting of the variance is not contrary to the Comprehensive Plan. The ordinance allows for setback averaging from the OHW. In this case, there is not a structure of both sides of the lot to utilized setback averaging. Given the setback of the adjacent structure, the granting of the OHW setback variance is not contrary to the intent of setback averaging. 7. The granting of the Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. Without the variance, a legal building envelope does not exist. A hardship exists and is not merely a convenience to the applicant. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. The applicant is requesting a house with a rea'sonable footprint. A two-car garage is being requested. The applicant has designed a house to meet the previous 50-foot OHW setback. The hardship is caused by the peninsula shaped lot and the 75' OHW setback and no the result of the applicant's actions. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. The hardship is caused by the peninsula shaped lot and the OHW setback of 75 feet and the inability to utilize setback averaging. There is not a legal building envelope of any kind without a variance, and the request is not based on economic conditions of any kind. RECOMMENDATION: Staff feels all of the variance hardship criteria have been met and recommends approval of the OHW setback variance with three conditions: 1. A building permit will not be issued until a plan (public or private) is approved to obtain road access at or above the minimum required of 907.9 or a variance is granted by the City. 2. The survey must be amended to indicate the screened porch and second story deck meeting the 49-foot OHW setback. 3. The maximum driveway width cannot exceed 24 feet measured at the property line. ALTERNATIVES: 1. Approve the variances requested by the applicant, or approve any variances the Planning Commission deems appropriate in the circumstances. L:\99FILES\99V AR\99-043\V ARRPT.DOC Page 4 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 denying the variance requests. ACTION REQUIRED: Motion and second adopting Resolution 99-11 PC approving a 26-foot variance to allow a 49-foot setback from the OHW, rather than the required 75-foot setback. L:\99FILES\99V AR\99-043\V ARRPT.DOC Page 5 RESOLUTION 99-11PC A RESOLUTION APPROVING A 26.0 FOOT VARIANCE TO PERMIT A SETBACK FROM ORDINARY HIGH WATER MARK OF 49.0 FEET INSTEAD OF THE REQUIRED SETBACK OF 75.00 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Charlotte Roehr has applied for variances from the Zoning Ordinance in order to permit the construction of a single family residence with attached garage on property located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office of the Register of Deeds for Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #99-043 and held hearings thereon on July 12, 1999. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. f:\dept\planning\99fi1es\99var\99-043\re9911 pc.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 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. There is no legal building envelope for the lot. The lot is a peninsula and therefore, OHW setback averaging cannot be utilized. This results in a 75-foot OHW setback and no legal building envelope. 6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of the property does not exist without the granting of the variance. The applicant has designed a house meeting the previous 50 foot OHW setback. 7. The proposed house will be setback farther from the lake and at a higher elevation than the existing cabin as well as the adjacent structure. The proposed house will be above the regulatory flood protection elevation. 8. The proposed structure with the variance granted is within DNR recommendations. 9. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 10. The contents of Planning Case 99-043 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for future single family dwelling with attached garage as per Exhibit A. , 1. A 26.00 foot variance to permit setback from Ordinary High Water, OHW of 49.00 feet instead ofthe required 75.00 foot setback. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. The road access to the property must be at or above 907.9 elevation. A building permit will not be issued until a plan has been approved (public or private) to raise to road to be compliant with the required flood protection elevation road access of907.9 f:\dept\planning\99files\99var\99-043\re99 1 1 pc. doc 2 2. A revised survey must be submitted indicating the screened porch and second story deck meeting the 49.00-foot OHW setback. This must be submitted prior to the issuance of a building permit. 3. The maximum allowed driveway width at the property line is 24 feet. 4. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and pursuant to Section 1108.415 of the City Code, the variance will be null and void ifthe necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Adopted by the Board of Adjustment on July 12, 1999. Anthony Stamson, Chair ATTEST: Donald R. Rye, Planning Director f:\dept\planning\99files\99var\99-043\re99 1 1 pc. doc 3 15322 Red Oaks Road ~ ..::) 1$i1E!llQcAAibrJ, - """"..... . / , 7 RLS. 'n~ f1rulT-~ : ~~ . /J;::) ~~ ., ---,..,~ 1'iJ.i~':":'j .~" ~~~ ~ ~. '1/ L ~7\ '., ,......", ./ . .: g ~ .', '.' R;!; ( D . ~, 17)"" . am: ~ ~,.". 'Ii. ~.L, ~ ;.~~ ~H', .' -. -~- __ro 1~~ li.:J~~({.'C';~ . . , . ",.~..~ ~- ~ ~ :tIJj(tr...~ " > ."i;lIiil.,,~ ~.~l . '.' ~/' \ _, ~.... ~1; . ~ .~: ~ ~ _ 0 'c.s '::- _.....- ,J . ~n '?' l ~ -:\ \..:... ~ "r ~ . ;~ ~ ~s. /-: I --.......... --t 'llUCl"Ci1 'lUaH I ~ ',.<D\' ,,oof ~ ' ....0 ":-\ ....... ~ v>" el' --( r-- ' /~Y' / dfl' ~, oo;~N . . K ~,~ =:l // / / GAlEWAYCENTER , ~~.' lSTAOON . - / ~~b'-, ~-ID I 4't'/ ~ c# ~Q ~ : . : I '- /t1C-=, I #t. A'fImf<"' ~ : i;r-"- . I ;;~ Lakefront Park ,pi , dfl' 1 1 I 1 ........--- 600 I o 600 Feet I TOPOGRAPHIC SURVEY PREPARED FOR: CHARLOTTE ROEHR 15.322 RED OAKS ROAD S.E. PRIOR LAKE, MN. 55372 VALLEY SURVEYING CO., P.A. 16670 FRANKLIN TRAIL SE. SUITE 230 PRIOR LAKE MN. 55372 PH. (612) 447-2570 FAX (612) 447-2571 . N88'26'45"W 120.00 ~:':~"'::";~~~';K@;:{~k0-:;'" EXHIBIT A ~ "t 'v 0,0, ,,~\ , , , '- 16~, , .. .. 1 t j r t ! ~ , , , '- '- '- '- / / / / / / / / / / / / / ." / :.....:. r...,..../ .:-;:....'/ '../ /' '- , .1' "\\ OQ- 0 0: !\i R2 0,0 << (7' / ( , ----.::>~, , " , " , , " " " " PRIOR cl.. 902.0 LAkr::- 1/8/99 l..:. GRAPHIC SCALE 20 40 I I ( IN FEET ) inch = 20 ft. PROPERTY DESCRIPTION AS PROVIDED: Lot 29, REO OAKS on Prior Loke EXCEPT that part d~scrjbed oS! followS!: Commencing at the southeast cornet ot sold Lot 29, the some bein9 the northeast corner of Lot 28 of soid plQt: thence North 68 degrees 21 minutes 42 seconds West (ossomed beorinQ) 010n9 the southerly lintl of said Lot 29. a distance at lJ.89 feet tl) the point of beginning of the land to be described; thence North 62 degrees 09 minules 42 seconds West 157.47 teet to the westerly line of said Lot 29; thence South 32 ae9rees 00 minutes 40 seconds West alon'iJ svid westerly line 17.29 feet to the sou~herly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to lhe point of beqinrling. . Denotes Iron Monument Found o Denotes Iron Monument set and marked by License No. 10183 and Lois Thirty (.30), thirty-one (31), thirty-two (32) and Thirty-three (33), RED OAKS on Prior Loke according 10 the plot thereof filed of record in the Office of the Reqist.ar at Deeds for sold Scott County, Minnesota. .::;5::::) A {' er 10183 January. 1999 end of Ex. Driveway San. MH & P.P.'s ------------------------------------------------------------------------------------- /:) . (; Il7 OL'\ (.9. 'r 0<0 . "- /, / / / 'V<9_ .'. . "f ~.# a <<.,.. ~<'1' f' .1' 11"\ fT\ o~ ~Ul CD=:j -z ZC') 10 " <::i " 'oJ ) " " / / / / / / / / / \D Q Ul I I I I I ." ")' " . e. .. . . " I I .14 . y" . "./ --~ ~.....- / P ~& (", ~.9 1--~ )' ~ ~.. ~ 00.. \S'o .o~ < 'Q V V / / / / / \ \ \ \ \ I \D-C Qc:: ~t.; I J I I I I I I ' I " - " --;:: 0 " . " " CJl . " " " " 1"'1 plJ ';0 CO -- ~O o::n IS..., . .... ....' ....... .......CITY.OFPRIOR.LAKE '. \JR~ f' ~S1it; ...----,... Impervious Sur(a~eCalcula tiODS .. .' ." . . ...... " . . ..... (To be Submitted with Building P~nnit Applicatiol~) .' . ", . F orAIrProperties Located in the Shoreland District . . .:'.' T~e Ma~l11Unl I~pervious StirfaceCoverage Permitted in Piop~rt;A(klres~\S~2.~{(E;,b ... O,.,ks ~op.n .'S,.E.. .... .... :I"U'" is G. ~.: LC ~~'. .' i . ..~ 14 ~l@i . . ~ ..... ~~;~::. ti~~~:7:?.~;. ....:.. ... .~;..~ ~~t..::.o.~ .:::;';;;';';';';.. ::~~;...... .. ... .. HOUSE... ..$~.ei' ~~'. ~. . . . ..,.~ "'f?\~V'-<- .A TT ACHED GARAGE '.' LENGTH WIDTH . SQ. FEET x' .x x " ". . ..... .' OETACHED BLDGS . .' , .' '. '. .' . . '(Garage/S~ed) . '. . . ". . l'O'!'ALPRINCIPLE. STRUC~URE.~.....;'.....u....... .' '13'ES G, '.: . .'. x . .' x '. .. - : ~~~\lE~REAS . . : .... (Driv~.~vay.pavedbi'not). (Sidewa~k/Park,ingArea.s) . TOTAL DETACHED DUILDINGS..~....;............... . . x x 'x,', . =. ", ',' ....... TOTAL PAVED AREAS.....~.........;...~u.........;........... '. . PA TIOSIPORCHES/DECKS...... 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P' .........-_ .-UPF:'E;,~ rLOo~ r:::IL~~ .. ~,~-~""~~ ~'1 .-.......... - ---,~ July 1, 1999 Minnesota Department of Natural Resources DNR Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 rr-W~~ @ ~ G~ ~rR',,\\\\ \\U \ It! ii \ \J\~ JUL - 6 1999 :;\~\. II \ L :;'\/ I II ' i', I I \ I J Ms. Jenni Tovar City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 RE: LAKE SETBACK VARIANCE REQUEST FOR 15322 RED OAKS ROAD, PRIOR LAKE Dear Ms. Tovar: I have reviewed the site plans submitted June 21, 1999 for the above-referenced variance request and have the following comments to offer: Wernet with the applicant and her architect in April to discuss the redevelopment of the subject parcel. Discussion at that time included the necessary setback variance and the access issue (related to compliance with floodplain regulations). Please extend my appreciation to her for her early coordination. The DNR is not opposed to the setback variance as requested, and recommend the following conditions of approval for consideration: · the existing cabin and house be removed from the site · the lowest floor elevation (including crawl space) be no lower than elevation 909.9' · no fill placed below the ordinary high water elevation of 904' without a DNR permit · to comply with the requirements of floodplain zoning, the access road be raised to an elevation no lower than 907.9' concurrent with construction of the new structure, and that the certificate of occupancy not be issued until the road is constructed to the city's satisfaction. I would also ask that the city closely examine the proposed platforms, the closest of which is 30 feet from the ordinary high water elevation. If these platforms meet the definition of structure, the setback variance should be measured from the closest point of the platform to the 904' contour. If there is opportunity to reduce the dimensions of the platform to meet the 49 feet the proposed home is at, that is recommended. At a minimum, effort should be made to keep the platforms out of the shore impact zone (37.5 feet). Thank you for the opportunity to review and comment on the variance request. Please contact me at (651) 772-7917 if you have any questions. Sincerely, ak~~ Patrick J. Lynch ill Area Hydrologist DNR Information: 651-296-6157 · 1-888-646-6367 · TrY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity '\ Printed on Recycled Paper Containing a '.., Minimum of 10% Post-Consumer Waste NOTICE OF HEARING TO CONSIDER THE FOLLOWING: AN ORDINARY HIGH WATER SETBACK V ARAINCE FROM PRIOR LAKE. THE MINIMUM REQUIRED SETBACK IS 75 FEET; FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-l (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 15322 RED OAKS ROAD. You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish Point Road), on: Monday, July 12, 1999, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 SUBJECT SITE: 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office of the Register of Deeds for Scott County, Minnesota. REQUEST: The applicant is intending to remove the existing dwelling and construct a single-family house with attached garage. The proposed house does not meet the setback from the Ordinary High Water of Prior Lake. 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 F :\DEPT\PLANN ING\99FILES\99V AR\99-043\99-043PN .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 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. Prepared this 23rd day of June, 1999. Jenni Tovar, Planner City of Prior Lake To be published in the Prior Lake American on June 26, 1999. MAILED JUNE 30,1999. L:\99FILES\99V AR\99-043\99-043PN .DOC 2 ORIGINAL PLAT ~/e- tJf CNni'll1l ~eA f ~~~ 5c&fj;M I ;~~; f"'~ '/iw'IcI /I: 14 ,~ ~.! III 1{2 ./'f ", ~/d~ tIfJd Lp!" ~ '" .~ C ~--._-'~-_...._-..:::-"-,,--.~--------~-.:....:...~-,-~~~=........;~~~~~:....",,,---,~-"'~=--~ i i . Planning Case File No. Property Identification No. City of Prior Lake USE APPLICATION TSP One, Inc. Charles L. Brown. AlA 21 Water Street Architect Excelsior, MN 55331 C\~, ,. 0 L\"':> = -a s -04 &-.-D '9- 0 phone (612) 474-3291 e, Minnesota 55372- 1714/ Phone (612) 447-4230, Fax (612) 447-4245 fax (612) 474-3928 I b"W~I=_: '"<<SOn< zohiD2l :::=::: :~~ P:~~ (attach additionW to (proposed zoning) ~ 4Jl.JALJ; ~ILV ~E; o Amendment to City Code, Compo Plan or City Ordinance Wt:f"R Z 'l'~ ~O G/JIaAbIE. o Subdivision of Land ~Atrk~ c;,~(,)~ o Administrative Subdivision --If-,.(~D\Jg ~~ (~~ o Conditional Use Pennit Variance o Other: Applicable Ordinance Section(s): ~. ~'" Applicant(s ): Address: Home Phone: c,~~(2Get&12- ~~~~~ ~ ~ ,~... L.&4e.e.W G~I), ", - · ,~C~ Work Phone: "I't - ~47. &:100 Property Owner(s) [If different from Applicants]: Address: Home Phone: Work Phone: Type of Ownership: Fee _ Contract for Deed Purchase Agreement------, Legal Description of Property (Attach a copy ifthere is not enough space on this sheet): ~ ~ ~ S( Ple'(. To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant c 'ons of the Prior Lake Ordinance and procedural guidelines, and understand that ap i tions will not be pro 9;s u d med complete by the Planning Director or assignee. fu -/(- 91 Date . I 11'- //~fC; Date " / TillS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date 6-'7-99; 3:29PM;TSP EXCELSIOR TSP One, Inc. 21 Water Street Excelsior, MN 55331 phone (612) 474-3291 fax (612) 474.3928 Archllecture Engineering Interior Design Offices in Minneapolis and Rochester, MN AFFILIATED OFFICES Minneapolis, MN Rochester. MN Denver, CO Marshalltown, IA Rapid City, SD Sioux Falls, SD Sheridan, WY An Equal Opportunity, Affirmative Action Employer ;1+612+474+3291 # ,/ FAX MEMORANDUM DATE: June 17, 1999 TO: City of Prior Lake (VIA FAX 612-447-4245) ATTN: Jenni Tovar, Planner RE: Variance for Charlotte Roehr Residence Prior Lake, Minnesota TSP ONE Proj.99704 REMARKS Dear Jenni, In accordance with your request from our telephone conversation this morning, I would like to clarify that Charlotte Roehr is requesting a Variance for a 49.0' setback from the OHWM rather than the required 75" setback for her planned residence on Prior Lake. From our conversation I understand that the Variance will be beard at the 6:30 PM July 12th Planning Commission meeting, to be held at the Prior Lake Fire Department located on Country Road 21. Please contact me with any comments you may have. SIGNED: TRANSMITTED BY: ( X ) FAX ( ) Mail COPIES TO: Charlotte Roehr (FAX 904-4236) PLANNING COMMISSION MINUTES MONDAY JULY 12, 1999 1. Call to Order: The July 12, 1999, Planning Commission meeting was called to order by Chairman Stamson at 6:33 p.m. Those present were Commissioners Cramer, Stamson, Criego and Vonhof, Planning Director Don Rye, Planner Jenni Tovar, Zoning Administrator Steve Horsman, Assistant City Engineer Sue McDermott and Recording Secretary Connie Carlson. 2. Roll Call: V onhof Kuykendall Criego Cramer Stamson Present Absent Present Present Absent 3. Approval of Minutes: The Minutes from the June 28, 1999 Planning Commission meeting were approved as presented. Commissioner Stamson arrived at 6:34 p.m. 4. Public Hearings: Commissioner V onhof read the public hearing statement and opened the public hearings. .-::s=; A. Case File #99-043 Charlotte Roehr is requesting an ordinary high water setback variance for the property located at 15322 Red Oaks Road. Planner Jenni Tovar presented the Planning Report dated July 12, 1999 on file in the office of the Planning Director. Staff felt all of the variance hardship criteria had been met and recommended approval of the OHW setback variance with three conditions: 1. A building permit will not be issued until a plan (public or private) is approved to obtain road access at or above the minimum required of907.9 or a variance is granted by the City. 2. The survey must be amended to indicate the screened porch and second story deck meeting the 49-foot OHW setback. 3. The maximum driveway width cannot exceed 24 feet measured at the property line. DNR Area Hydrologist, Patrick Lynch, (letter dated July 1, 1999) was not opposed to the setback variance but recommended conditions of approval for consideration. 1:\99fi1es\99plcomm\pcrnin\rnn071299.doc Comments from the public: Bryce Huemoeller, 16670 Franklin Trail, attorney for the applicant, spoke on the hardship conditions emphasizing the property is unique with 3 lakeshore setbacks where setback averaging cannot be used. From an undue hardship standpoint there is no building envelope without a variance. The cause of the hardship is the unique design of the plat dating back to the 1930's. Huemoeller felt the proposed use is reasonable and consistent with the neighborhood. It is conservative with respect to the impervious surface. The new proposal will take the property out of the flood plain. The applicant originally started the process with staff in 1998, but did not submit an application until after the new zoning ordinance was adopted leaving the applicant subject to the change of ordinances. The applicant intends to engage in a private agreement with the City with regard to the road elevation and improvement. Huemoeller also addressed the driveway and turnaround Issue. The public hearing was closed. Comments from the Commissioners: V onhof: · Reviewed the application and agreed the variance hardship criteria had been met. · Tovar commented on the 24 foot driveway condition. Stamson: · Hardship criteria had been met. The property is unique with no legal building envelope without a variance. · The proposal is a substantial improvement over the existing structure which is below the flood elevations. · The applicant has done a commendable job working within the intent ofthe ordinance. · Support as presented. Criego: · Concurred with Commissioners. · Tovar said the road was a dedicated public road. The driveway is private. The Private Use of Public Property Agreement would give the applicant the opportunity at their cost, to improve the road to meet City ordinances and be out ofthe flood plain. · The road has to be raised to 907.9. · Supportive of staffs recommendations and conditions. Cramer: · Question for staff: Any concern after the grade is raised? Is the adjoining cabin above the flood plain? Tovar explained the drainage swale along the property line. · If the road is improved, does the City look at the drainage? McDermott responded that they did review the drainage. I :\99fi1es\99plcornm\pcmin\mn071299.doc 2 · Needs turnaround in the driveway for safety. · Supported the variance request, but would like to see the third condition removed. Applicant Charlotte Roehr commented the hammerhead driveway is in the right-of-way. She stated she was volunteering to build a longer road for the City rather than a shorter road to use a turnaround. Roehr said she would compromise a 5 foot strip on her property for a driveway rather than encroaching on the lake or going below the 904 level and a narrow driveway. MOTION BY VONHOF, SECOND BY CRAMER, TO ADOPT RESOLUTION 99- IIPC APPROVING A 26 FOOT VARIANCE TO PERMIT A SETBACK FROM ORDINARY HIGH WATER MARK OF 49 FEET INSTEAD OF THE REQUIRED SETBACK OF 75 FEET WITH AN AMENDMENT TO REMOVE CONDITION #3 REGARDING THE DRIVEWAY REMAIN AT 24 FEET. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY VONHOF, SECOND BY CRIEGO, TO DIRECT STAFF TO RESEARCH THE APPROPRIATE ACTION TO GRANT CHARLOTTE ROEHR A DRIVEWAY VARIANCE. Vote taken signified ayes by all. MOTION CARRIED. Commissioner Stamson explained the appeal process. B. Case File #99-042 Brian Burkart is requesting the following variances: lot area; road access elevation; impervious surface and driveway for the property located at 15759 West Avenue. Planner Jenni Tovar presented the Planning Report dated July 12, 1999 a copy in the office of the City Planner. Staff felt with respect to the lot area variance and driveway access elevation variance, the variance hardship criteria have been met and recommends approval with three conditions: 1. The Pill numbers and legal description are combined to create one lot prior to the issuance of a building permit. 2. A revised survey compliant with all other ordinances be submitted prior to the issuance of a building permit. 3 . Year round occupancy of the structure will be permitted upon submittal of an emergency management plan to be approved by the Police Chief and Fire Chief. The hardship criteria with respect to driveway width and impervious surface have not been met. These variance should be denied and a revised survey submitted prior to approval of a building permit. 1:\99fi1es\99plcomm\pcmin\mn071299.doc 3 Correspondence L\TEMPLA TE\FILEINFO.DOC D rn<srno~rnil~ I 11999 :@ HUEMOELLER & BATES 16670 Franklin Trail Southeast Prior Lake, MN 55372 ( 612) 447-2131 Fax (612) 447-5628 To: From: Date: Subject: Connie Dawn W. December 6, 1999 Charlotte Roehr The enclosed original is for Jane Kansier to fIle. Thanks, Connie! qq A;Jt ~ '~r/l 1 ./ December 7, 1999 Huemoeller & Bates 16670 Franklin Trail, Suite 210 Prior Lake MN 55372 Attn: Ann RE: Charlotte Roehr - Case File #99-043 Dear Ann: Per our conversation, I am returning the Assent of Applicant form for Charlotte's signature on the "Signature of Owner" line. If you have any questions, call. Otherwise, I will wait to hear from you. Si,gerelY, ~ ~ Planning Secretary enc. f~07 LA12- 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER August 13, 1999 Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 RE: Recording of Approved Variance and Assent Form Dear Charlotte: The purpose of this letter is to advise you Resolution 99-11PC and Resolution 99-12 approving variances on property located at 15322 Red Oaks Road must be recorded. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variances will be null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (Assent Form). Enclosed are certified copies of the originals to be recorded at the Scott County Recorders office. Also included are copies for your records. The other copies are to be stamped as recorded by the Recorders Office and returned to the Planning Department as proof of recording. Additionally, the enclosed Assent Form must be signed by all property owners and returned to the Planning Department prior to issuance of any necessary permits. If you have any questions about this matter, please contact me at 447-4230. jvfP1 Ifer T~ anner CC: Charlie Brown, TSP One Inc, via fax (612) 474-3928 1:\99files\99var\99-043\recdlet.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER FROM (MON) 8. 9' 99 16: 09/ST. 16: 01/NO. 4260632087 P 22 ."' . ,11 MEMORANDUM Halleland Pillsbwy Center South, Suite 600 Lewis Nilan 220 South Sixth Street S. ki & Minneapolis, MN 55402-4501 IP ns Phone: 612.338.1838 Johnson Fax: 612.338.7858 TO: Frank Boyles FROM: Suesan Lea Pace DATE: August 9, 1999 RE: Charlotte Roehr-Agreement for Private Improvements to Public Property Our File No. 20245.001 I received your message on Friday, delivered through Don Rye, concerning a "disagreeable" message or conversation you had with Bryce ~uemoener. What you may not have known was that Jenni Tovar and I had spoken with Mr. Huemoeller on Thursday afternoon, around 3:00, about revisions he wanted made to the Roehr Agreement. The way we left it with Mr. Huemoeller was that he was going to do some checking on the insurance issue and then get back to me, in writing, with the other "proposed changes" he was requesting to the agreement that he describ~d during our conversation on Thursday. Please feel free to confirm this with Jenni. What you may not be aware of is that the City had already made several changes to the Roehr Agreement that Mr. Hucmoeller had previously requested. His "draft," submitted as an attachment to his August 5, 1999 letter, does not reflect the previous changes. There is one further piece of information that may have been helpful for you to have known. Mr. Huemoeller was not working using the City's standard "Pennit Agreement For Private Use of Public Property." He was working from a substantially revised version of the standard agreement that was prepared for Hillcrest Homes. I'm assuming that if you had known that Mr. Huemoeller was supposed to get back to me with the additional changes he was proposing, you would have waited for my response before writing to the Council. Here are my comments to the changes he has requested. With respect to: Paragraph 1. No further change to the standard agreement should be made. The City needs to look ~o someone regarding the maintenance issue. I have no objection if Ms. Roehr negotiates \ with her neighbors about sharing the cost. However, I do not think the City should be in the position to go after three property owners, as Ms. Roehr would suggest, in the event the road is not maintained. The agreement is between Ms. Roehr and the City and it is for the benefit of Ms. Roehr and not her neighbors. If Ms. Roehr does reach an agreement with her neighbors to share FROM (MON) 80 9099 16: 02/STo 16: 01/NOo 4260632087 P 2 Memo to Frank Boyles August 9, 1999 Page 2 the cost, that is a matter between private property owners and not one the City should properly become involved in. I direct you to a letter from Bryce Huemoeller to Greg Ilkka dated July 19, 1999 where Mr. HuemoeHer states: Several property owners have and will continue to use the improved road. They have historically jointly contributed to maintenance of the property. We think that a simple statement by Ms. Roehr that she will maintain the road as necessary for proper access to her home is adequate for the purpose of this agreement and fairly represents the historical arrangement in this neighborhood. If the property owners have "historically" shared maintenance costs, the language in the agreement should not be a problem. The language in the Roehr Agreement is already substantially revised from the language in the "standard" agreement. The language in the standard agreement regarding maintenance reads as follows: Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repairs or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's property. Parawaph 2. I believe the language proposed is appropriate. Paragraph 3. I am not aware that the insurance provision has been a problem in the past. The purpose of the insurance language is to assure the property owner has the where withal to cover the indemnity provision. I have spoken with my insurance agent. He does not believe such insurance coverage is readily available. Therefore, I concur in the revised language suggested by Mr. Huemoeller. Para~raph 4. No change should be made. Mr. Huemoel1er had previously requested that this paragraph be added. The language is in the standard agreement and inadvertently the language was not included when the agreement was prepared. I believe the standard language should remain. The provision pertains to claims the Owner is waiving against the City. I do not understand why Mr. Huemoeller feels it is important for the Owner to retain the right to bring claims against the City for "diminution in value, takings and contractual claims..... Para~aph ~. I agree with the revised language Mr. Huemoeller has suggested. I think the language should be included as a change to the standard agreement. It is my responsibility to provide you with recommendations that I believe are in the best interests ofthe City. The standard agreement that the City uses is subject to case specific modifications. We have made many of the changes requested by Mr. HuemoeIler and there is no DN: 65279 FROM (MON) 8. 9' 99 16: 02/ST, 16: 01/NO. 4260632087 P 3 Memo to Frank Boyles August 9. 1999 Page 3 effort here on my part or on the part of the staff to be rigid. I think it may be helpful for you and the Council to have all of the relevant documents. I am attaching the following: City's standard Permit Agreement For Private Use of Public Property; Standard agreement as modified for Hillcrest Homes and used as a template for the preparation of the agreement pertaining to Ms. Roehrs property; A revised draft of the Hillcrest Homes Agreement prepared by Mr. HuemoeIler and my handwritten comments; and A copy of Mr. HuemocIler's July 19, 1999 letter to Greg IIkka. You have already provided the Council with Mr. Huemoeller's August 5, 1999 letter and the agreement as he would like it revised. Attachment c: Don Rye Jenni Tovar ON: 65279 . . . . - =:.: ~-~'~~;~~~~~'-~~::::::::,::~~::,~~~~~.~~==_:_.~:~:~-~.~-,,,,,..-""...........~-.--. -~-. ..""'.._------~~ - ..,.. .._-;.~.~:~.:.:~~,_...".._~...~~.._,~...., _ .", __ .... ;a...... ..".". ... ., CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Date: To' "~ From: Connie Carlson .Y8~ r!JtW~ City of Prior Lake Phone: Fax phone: CC: ?J3f//rjK55 Phone: Fax phone: (612)447'-9810 (612)447-4245 REMARKS: o Urgent o For your review 0 Reply ASAP o Please comment ~A ioP'L~ rJW~~ !hUatz ~~ _/~*J' !Jff50 a &fit q & (b/llYv! ~~Pv- ;/t!I(}fH ~ Yfvtr 1tJt14 ~ tv r/uvr~ ~ eo /AI/Ila " PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY THIS AGREEMENT is made and entered into this _ day of 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (hereinafter referred to as "City"), and , (husband and wife; a partnership; a corporation) (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner ofa tract of land in Scott County, , located at , and legally described as follows: (LEGAL) (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of property, legally described as follows: (LEGAL) and; WHEREAS, a portion of the serving Owner's Property encroaches on a portion of the property abutting Owner's property, as described on Exhibit A attached hereto (the encroached portion of the property hereinafter referred to as the "Permit Property"); and -OR- WHEREAS, Owner wishes to use the Permit Property for ; and WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use ofthe property by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consistent with Owners use ofthe Permit Property, and therefore the City intends to retain all of its right, title, and interest in the Permit Property; L:\DEPTWORK\PUBAGREE.DOC 1 NOW, THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for purposes at Owner's sole expense and risk, and with full knowledge that the City may, upon notice as provided herein, require Owner's to be removed from the Permit Property at any future date, at Owner's sole expense. The Permit Property must be kept open to the public use at all items, and no fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Property: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the or otherwise modify the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion ofthe City. 3. Termination. In the event the City desires to use the Permit Property for a purpose which is inconsistent with use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice from the City requesting such compliance, the City through its City Manager may terminate this Permit Agreement by giving ninety (90) days written notice oftermination to Owner by certified mail at the following address: . Such notice may, at the City's option, require Owner to completely remove the from the Permit Property within said ninety (90) day notice period, including all debris. If this Permit Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a which is located on Owners Property, in accordance with all City Ordinances. If Owner fails to remove the as required by a proper notice of termination, the City may cause the removal to be done and the costs of such work shall be paid by Owner. If Owner fails to pay the City for such costs, the City may assess the costs against the Owner's Property. 4. Consent to Special Assessment. Owner hereby acknowledges and consents to the City's right to specially assess any costs incurred by the City for any repair or maintenance performed pursuant to Paragraph 2 ofthis Permit Agreement, or any costs incurred by the City to remove Owner's from the Permit Property pursuant to Paragraph 3 ofthis Permit Agreement. Owner waives any right to protest or appeal any special assessment levied pursuant to this Permit Agreement. L\DEPTWORK\PUBAGREE.DOC 2 5. Future Development. Owner understands and acknowledges that the City may utilize the Permit Property at some future date and in the sole discretion ofthe City. In the event the City undertakes such development, and if this Permit Agreement is not terminated by the City as provided above, Owner agrees to cooperate to the extent practicable to use its best efforts to accommodate City's use of the Permit Property for the purposes stated herein. However, Owner specifically acknowledges City has the absolute right to terminate this agreement or otherwise require Owner to discontinue Owner's use of the Permit Property, in which case Owner may be denied access to Owner's property. If such should occur, Owner will have no recourse against City, including actions for diminution in value or a taking without compensation. 6. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, attorneys, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the permit Property for purposes, including but not limited to the maintenance, repair or removal of Owner's , except liability caused solely by the negligence ofthe City. 7. Insurance. As long as this Permit Agreement is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than One Million Dollars ($1,000,000), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 6 above. Said policy shall name the City as an additional insured, and shall contain a clause which provides that the insurer will not cancel, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 8. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Permit Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 9. Condition of Property. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions ofthe Permit Property or the suitability of Permit Property for Owner's purposes. 10. Binding Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or aSSIgns. L:\DEPTWORK\PUBAGREE.DOC 3 11. Whole Agreement Modifications. This Permit Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Permit Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 12. Recordation. Owner shall cause this Permit Agreement to be recorded in the Office of the County Recorder at their cost and expense. IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the date first above written. CITY OF PRIOR LAKE OWNER(S) By: Lydia Andren, Mayor By: Frank Boyles, City Manager STATE OF MINNESOTA) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 199_, by Lydia Andren and Frank Boyles, The Mayor and City Manager, respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. Notary Public STATE OF MINNESOTA) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 199_, by and , the and , respectively of , on behalf of the (corporation/partnership). Notary Public L:\DEPTWORK\PUBAGREE.DOC 4 DATE: <xl to / g q , I To: 6.u~~ Uo... ~(~ @# (dd~ 3~-7~~ @# @# . NUMBER OF PAGES:. /5 FROM: ~A\.L r:an&iV- (including cover) FAX No.: 447 -4245 Notes From The Sender: ~Cvr\.- ~ ;s ~n k..'s fYlUnn fo ~ 0:Ju~ . / ~{,Q..'s, ~W--6 -to '~~.I 4- L\MK /1)i1;~ ~ ~ fff\. ~ ~~oo rN..~' W rvu...L1ml] i.p I IIZi"- ~ <ty 0 Mr rlJ.S . ~ fe-s -- - S~ PLEASE CALL 6t1u\..L! ~ AT 4c.f9--9Cfs/rIF You Do NOT RECEIVE ALL AGES. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 ..- AN EQUAL OPPORTUNITY EMPLOYER '> ::r~.tL-v " August 6, 1999 TO: FROM: The Mayor and City Council Frank Boyles SUBJECT: Charlotte Roehr Agreement for Private Improvements of Public Property Attached is a memo from Bryce Huemoeller expressing his concerns about language contained in our standard agreement for private improvement of public property. The Council will recall that we have used standardized language to eliminate special deals for different parties. Bryce wants to be heard by the Council on this subject at the August 16 meeting. This is an administrative matter and should be resolved with the staff before it reaches the council. We are going to want to do so in the next week. If we fail, and assuming the Planning Commission addresses,the matter at their August 9 meeting, I will recommend that the idea be pfaced oflthe agenda and that the Council determine whether the standard language or modified language is acceptable on August 16. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , RUG 05 '99 04:05PM HUEMOELLER & BRTES P.1/8 FAX TRANS~ISSION HUE MOELLER & HiES 16670 Franklin Tra I Prior Lake, MN 553 2 {612} 447-2131 Fax: (612) 447-562$ To: Frank Boyles Prior Lake City Manager 447-4245 Date: August 5, 1999 Fax#: Pages: lof8 From: Bryce D. HuemoeIler Subject: Roehr - Agreement for Private Improvement ofFtuhlic Property . CONFIDENTIALITY NOTICE.. 17le docu.ment(s) accompanying this}P comain con[tdenrial in/ormation which is legally privileged. Tht information is intemled onIj for the use of rhe iTllendtd recipient. lfyoll are TlOl Ihe jntended recipil!nr, y(Ju art hU'/!b.y notified rhat (l.TlY disclosure, cOpjing. disJriburiotl 01" the taking of any (.IClit;>n in reliance on rhe conltmls of the leltcopied infonnation ~cepl its direct delivery /0 fhe intended r<<ipient named above is .l'trictly prohibired. lfyoll have received rhi.sftu: in error, please notify us i/7l/7llfdialtly by reltpHone to arrungeJor return ofrhe original documellts to us. A memo to the City Council is attached tegard~ the proposed agreement needed for Charlotte's building permit. This agreement should be on the City Council's ~genda for August 16 (Charlotte cannot attend the September 7 meeting). I think the unresolved issues are matters of poliqy that can be evaluated by the City Council; however, I am told that the agreement will no,: be placed on the agenda until it is signed. I am asking thaI Ihis matter be placed on The August 16 agenda, so that the agreement can be finalized and Charlotte can get the permit withid the month. Enclosures cc: Suesan L. Pace, Esq. (338-7858) PL Planning Charlotte Roehr (904-4236) AUG 05 '99 04:05PM HUEMOELLER & BATES P.2/8 MEMORANDUM , HUEMOELLER & BATES 16670 Franklin Trail Southeast Prior Lake, MN 55372 (612) 447-213:1 Fax (612) 447-5628 To: Prior Lake City Council Bryce Huemoeller August 5, 1999 Charlotte L. Roehr - Agreement fot. Private Improvement of Public Property .r From: Date: Subject: This memorandum responds. to the August 4 edition of the proposed agreement for private improvement of public property that is needed for Charlotte Roehr to obtain a building permit for a new home at 15322 Red Oaks Road. We would ask that this memo be furnished to the City Council members along with the draft agreement. The agreement is acceptable to Charlotte, except with respect to the following proposed changes: I. The second sentence of Paragraph 3 appe.-s to make Charlotte primarily responsible for maintenance of the portion of the roa4 she is improving for her new home. Since that portion of the road also provides access to an existing house (Kist), a seasonal cabin (Flannagan) and several unimproved lots to the north of Charlotte, we think it is unfair to place the primary burden of maintenance on Charlotte. She is willing to pay the cost of raising the elevation of the road (to the benefit of herself and other adjacent owners) but she feels that the other owners should provide the maintenance needed for access to their own properties. Accordingly, she recommends that the second sentence of Paragraph 3 be changed to read: "The cost of such maintenance may be divided among the Owner and other property owners adjacent to the Road as they may from time to time determine." 1 P.3/8 AUG 05 '99 04:05PM HUEMOELLER & BATES 2. We would request that paragr.q>h 4 of the dfaft agreement be chaJJged to limit Charlotte's indemnity to assuring that the road improvements comply with the approved plans. The City has made a discretionary decision to not impro"e or maintain the road. The City has liability protection for ilS discretionary ~ ' therefore it has minimal or no exposure to claimS arising from the use and maintenldlCe of the road. To the extent that exposure does eltist, the construetion of the inrpro\>edlents to raise the ele\>ation of the road does not appear to change the historic liability ~osure that the City has always has since the Red Oaks area was annexed. Charlotte wo~ld request that the indemnity pro\lision in Parlljlfaph 4 be limited to the construetion of the Road ImprO\>ements within industry standards for typical residential use, in acCO~dance with 1I1e appro"ed plans. 3. Charlotte will maintain a general liability rosurance policy prtWiding co_age for damage to the property of others or injury to pers~ns as required by the first sentence of paragraph 5 of the draft lljlfeement. HowtWOf, I ha"" talked with underwriters at the State Fann Insurance regional office (her canier) and ba"e been told that she will not be able to procure contractual liability co"crage through Stale Farm. Contractual liability co-verage is not a'Vailable through State Fann as a standard or endorsed coverage to a standard residential poliCY. The residential underwriter with whorn I talked also conferred with the commercial lines department and.was told that, in the view of State Farm, Charlotte did not ba1TC a sufficient insurable interest in the public road (nor was there sufficient business type activity) to support an independent commercial liability policy with contractual co"erage. In essence, the State Fann representati"" with whom I talked said that the contractual liability co"erage contemplated by paragraph 5 of the draft lljlfeement is simply not a'Vailable on a residential b~is through a standard carrier, and that it would probably be necessll1Y to consult with a speciality carrier for the co"erage. I did infonnallY talk with three other insurance agents about the contractual liability co"crage and was ad\>ised (informally) that their coropanies would probably not issue such coverage in a residential context. Although I could do more research. it appe8I? that contractual liability insurance for the indemnity obligations in the clraftlljlfeernent,will be "cry hard to procure and probably expensi"e. If this requirement stays in till'; agreement, it will seriously affect the "alue and marketability of Charlotte's horne. Co~tly, we would ask that the paragraph be modified to read as followS: "So long as such co"erage can be rea5onabl! obrained by the Owner as part of a standBrd homeowner's insUrance policy willIDUt additional cost, the owner shall maintain general liability insurance co"erage upon the Road for any damage to the propeny of others or injurY to persons.' Such coverage shall be on an occurrence basis and, if reasonably available without additional cost, shall 2 . AUG 05 '99 04:06PM HUEMOELLER & BATES P.4/8 include contractual liability coverage with res.,ect to the indemnity obligation in Paragraph 4 above. The Owner shall on re~st provide the City with a certificate of insurance for such coverage. 4. In Paragraph 6 of the draft agreement, Charlotte is asked to waive possible claims against the City. We think the claims of concem to the City are that the City has abandoned the road and for damages if Charlotte is irijured while using the road. Consequently, we would request that Paragraph 6 be limited as follows: "The Owner acknowledges that the Road is a public street and knowingly waives any and aU claims against the City related to the Owner's use of the Road, including but not limited to claims of abandonhtent, except any claims which are the result of the sole negligence or willful misconduct of the City, its employees or agents." 5. It is the intention of the agreement that it apply to Charlotte, and any successor owner, only during the period of time that she or her .successors actually own the property at 15322 Red Oaks Road. To make this clear, Paragraph 9 should be modified to read: "This Agreement shall run with the land and ~ind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns; provided, however~ that the Owner and each successorf?wner of the Owner's property shall be fully discharged and relieved of liability under this Agreement upon ceasing to own any interest in the Owner's Property." Charlotte Roehr and 1 plan to attend the city council meeting to anSwer questions relating to the issues in this memo. BDH:dw cc: Suesan L. Pace, Esq. Charlotte L. Roehr Prior Lake Planning .' 3 -... -... --'....-., --- P.5/8 AGREEMENT FORPRlV ATE ~ROVEMENT OF PUBLIC PROPE,TY This Agreement is made this _ day of . ~ between the CITY OF PRIOR LAKE. Minnesota, a municipal corporation (the City), and CHARLOTTE L. ROEHR, a single person (the Owner). RECITALS A. The own~r is the fee owner ofpropc:rty locateq at 15322 Red Oaks Road, Prior Lake, Mirmesota (the Owner's property), legally descJti~ed as follows: . ' Lot 29, Red Oaks, Scott COWlty1 Minneso~ ~CEPT that part described as follows: Commencing at the southeast comer pf said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the so"therly line cfsaidLot 29, a distance of 13.89 feet to the point ofbeginnina of the land [0 be described; thence North 62 degrees 09 minutes 42 seconds West' 157,47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 f~, along said southerly line to the point of beginning. . AND Lots 30~ 31, 32 and 331 Red Oaks, Scott County, Minnesota. , B. The Owner's property abuts a 20 foot road de4i~ated to the public in the plat of Red Oaks (the R.oad). c. The Owtler desires to obtain a building permit to construct a new home on the Owner's property. Section 110,5.402(4) of the Prior ~ake Zoning Code (PLZO) requires that residents bave vehicular access at or above an el~ation of907.9 feet above mean sea level. Sime a portion of the Road adjacent to Lots 27 to 30, Red Oaks. is below the minimwn elevation for vehicular access specified in PLZO 1105.402(4), it will be necessaxy to raise the elevation of the :Road as a con~tion to the issuance of a building permit for the proposed new hotne on the Owner's prOperty. D. The Owner desires to privately improve the RPad to increase itS elevation as required by PLZO 1105.402(4) upon the terms and c0nditioDS cfthis Agreement. 1..:\OEJ>'rwCsuc.\Bl..1\NKfRM\Pl)BA.G~,DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714' / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQU^l OPPORTUNITY rMm..oYER UlS/U4~"'''' W"'1t ..,.-11,. ""AI Kl~4474~4!'i \,a:i'}: Uk" .l'.KIUlt ~ AUG 05 '99 04:07PM HUEMOELLER & BATES P.6/8 I4J 092 AGREEMENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. DEDICATED ROAD. The Owner a.c~owledges that the Road was dedicated to the publis; by the plat oiR.ed Oaks and .t remain open to the public for public use. No fence or other obstrUction may be plCUled on the Road without the prior written approval of the City, which may be given or withheld at its discretion. 2. IMPROVEMENT. The Owner may itpprove the Road (for typical residential use) to raise the elevation oftbe portion ac$acmt to Lots 27 to 30, Red Oaks, to at least 907.9 feet above mean sea le~el as necess~ to comply with PLZO 110S.402( 4) (the Road Improvements). The Owner shall submit the plans for the Road Improvements to the City for approval prior to comm~ing construction. Once approved, the OWner 5hal1 Dot modify or deviate fto~ the approved plans without the prior written approval of the City. All cost or expens~ to design and construct the Road Improvements pursuant to this Section 2 shall be paid, by the Owner, who shall indemnify~ defend and hold the City hannless from aU claims, liability and expense ~~~. ' . * 3. MAINTENANCE. The Owner shall pfonn, as and when necessmy, and pay the cost of such maintenance of the Road as may jJe reasonably necessary . for acc;ess to the Owner's property. The owner mu: at some $ ueot date divide the c;;ost of sUch maintenance among~e Own~_li~LP1.9!~~~ o*ers ~~ent to the Road as they may from time to time determme. . 4. INDEMNITY. The Owner shall indeqmify. defend and hold the City and its employees, contra.c:tors, agents, representatives m4 attorney harmless from claims. damage, loss, cost and expense. including attorneys' fees, whicb may be asserted agaiDst 'the City ;!~.Jt zult oftbe failure.~t~~.~a: to con$rU(.t the !toad I:vements within industry s~"'" ds for 'l-P~~~t!~, us,,!,,~~~ with ~e a~ved Dl~s and tE!!!D'=c~_~~g_~m. ~~..:f!ag,~ ~~~~!~~~J'O~~,.~ such a. condition as to PIev~.l.~~-!t..~t~f~...P~~~~!..~!J?E~.P.~.E!.!!!.~~.~~J.C?~~Perty of others. ~ . 5. INSURANCE. Owner shall maintain 11 genera11iabllity insuxance policy which provides coverage for any damage to the propl1Q:ty of others or inJury to persons. Such coverage shall be on an occmrenc;e basis and, s'ball include contractu.alliability coverage with respect to the indemnity obligation in Paragraph 4 above. Said policy shall contain a clause which provides the insurerwiU not ~e. non-re:new~ or materially change the policy without fint providing the City sixty (60) days prior written notice. The Owner shall provide the City with a Certificate of Insurance for such coverages which sJlecifically details the conditions in paragraphs 4 an4 6 of this Agreement. L:\DEPTWOJUC.\B~UBAGlUi2-'DOC 2 OlS/04"'" w..... 11\.1"11\01 p'AI 1'I'"44"/4?"":' . AUG 05 '99 04:08PM HUEMOELLER & BATES ~~~x ur rA~UA ~ P.7/8 'i!.I uu" '" 7. CONDITION OF ROAD. The Owner eQalowledges the City has made no warranties regarding the condition of the road or its slolitability for the Owner's pwposes. 8. TERMINATION. This Agreement s.h~ terminate at such time as the City undertakes maintenan(;C of the Road. - 9. BINDING EFFECT. This Agreement shall run with the land and bind and inore to the benefit of the parties hereto and their resp,ectivc heirs, successors and assignsA 10. ENTIRE AGREEMENT. This Agreapent contains aU the terms and conditions relating to the Road Improvements and reRlaces any oral agreeJI1ents or other negotiations between the parties. No modifications ophis Agreement shall be valid until they have been placed in writing and signed by all parti~s hereto. 11. RECORDING. The Owner shall caus~ this Agreement to be filed for record within 30 days of the issuance of the building pennit for the home to be constructed on the Owner's property. Evidence of filing sball be provided. to the City within 30 days thereafter. CITY OF "PRIOR LAKE OWNER By' Wesley Mader. Mayor Charlotte Roehr By Frank Boyles, City Manager STATE OF MINNESOTA) )ss COUNTY OF scon ) , The fo;reg-oing instrument was acknowledged before me ~s _ day of " 1999, by Wesley Mader and Frank Boyles, Mayor and City Mana~r. t'espectively~ of the City ofPriar Lake, ~nnesota, a municipal CC)rJ'01'8tion an its behalf. . NOTARY PUBLIC l.:\DEP'IWoRK\BLANJa:RM'l'UBAGJEl.DOC 3 08/04'AUG 0~'}99Q' 04:08PMHl.f'E'MOELtER & BATES "'UI. ur rau.Ul' ~ STA TS 0'1 MINNESOTA) )SS coTJNTY OF seen ) The foregoing instluIncot was ~knowledged before. this _ day of 1999, by Charlotte L. Roebr~ a single persoD. This insttummt was drafted by: Huemoeller &. Bates 16670 Franlclin Trail SE Prior Lake,:MN 55372 Reviewed by City Attomey: Suesan L. Pace Halleland Lewis Nilan sipkin;; & Johnson PiUsbUlY Center - Suite 600 220 South. Sixth Street Minneapolis MN 55402-4501 L:\PIiPTWORK\sT,.A'NlQi~CiJUiZ.DOC NOTAllY',UBUC " lIIC;IW."." P.8/8 4 RE COpy August 4, 1999 Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 RE: Agenda and Agenda Report Dear Charlotte: Attached is a Planning Commission Agenda and Staff Report for August 9, 1999. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. The meeting is located at the Fire Station on Fish Point Road. It is on the south side of C.R. 21, east of Hwy 13. If you have any questions, please contact me at 447-4230. Sincerely, _ A ()//I/J/1A;' ..d~ ~~ ~~~a'r Planner Cc: Charlie Brown, TSP One, Inc. via Fax (612) 474-3928 Enclosure f:\dept\planning\99files\99var\99-043\agendlet2.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FROM (TUE) 7. 27' 99 16: 19/5T. 16: 1S/NO. 4260632792 P 1 Halleland Lewis Nilan Sipkins at Johnson Pillsbwy Center South Suite 600 220 South Sixth Street Minneapolis, MN 55402-450 I Phone; 612.338.1838 Fax: 612.338.7858 TO: .::r P-t\rU. 'lOUtJ-r- FAX NUMBER: lo\L- 441- '4-245 PHONE NUMBER: b l1... .- 4'41- q <6 \.3 FROM: SWSaM-.la.A- ~ PHONE NUMBER: 612-338-1838 FAX NUMBER: 612-338-7858 DATE: -r 1'd-114" P /U-it H1U. PAGES:5 (including cover page) fll..E NO.: "'W.L' ~Ol 6~t.l COMMENTS: Sl2MY'i - Ca..11-1 ~ -{aLoe. ~~'tt. This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged. confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee: or agent for dclivc:rinl the: ffiQS&IC to the intended recipient, you are hereby notified that dissemination, distribution or copying of this communication is strictly prohibited. If you received this communication in error, please notify us immediately by collect telephone and return the original message to us at the above address via the u.s. Postal Service. Thank you. DATE: J -;;L 1-7~ To: ~ L.P4.CQ... @#3~ f)~7gs~ @# @# NUMBER OF PAGES:. 5 (including cover) FROM: ~ To~ . FAX No.: 447-4245 Notes From The Sender: ~~~- ~ IS Cf(}: 6J ~ a~ I3~Ju- ~ ,(.fcrnl')~ Iv I Y\- fW ~ j PLEASE CALL ~ AT LfCf) -9 ft3 IF You Do NOT RECEIVE ALL AGES. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 ...- AN EQUAL OPPORTUNITY EMPLOYER JUL 19 '99 03:33PM HUEMOELLER & BATES P.1/7 i I FAX TRANSMlISSION HUEMOELLER & BATES 16670 Franklin Trail [ Prior Lake, MN 55372:' (612) 447-2131 Fax: (612) 447-5628 To: Greg llkka City of Prior Lake 447-4263 Date: July 19, 1999 Fax #: Pages: 1of7 Subject: Bryce Huemoeller Charlotte Roehr - City of Prior Lake From: CONFIDENTlALlTY NOTICE: The dOClIITlentM accompanying thisfa;J; con~ in confl(/.ential i7!fonnmion which i.~ It/gaily privileged. The il!/ormalion is intended only for the use of the i7l.lBnded reei,. 'enl. lJ'you lIre /Jot the mwuled recipieru, you are hereby n(ltified thac any d;sc[osll.re, copying, di..rtriburioll (Jr the taking ofi.any tlG'lion in reliance on the conIents oflhe telecopied infonrIC1lion except iro). direct delivery 10 the ;nr,md,d recipitnr nal~erJ abolle is striC.'I~'V prohibited. lfyoI" /Ulve received this fax ill e"OT, please notify us immedklttily by telephon, to ammf' for TelJim ojJhe original docume7ll..\' 10 us. COMMENTS: , See July 19, 1999 letter and agreement followjng this cover sheet. ,j HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA 55372 JUt 2 0 1999 JAMES D. BATES BRYCE D. HUEMOELLER Telephone (612) 447-2131 Telecopier (612) 447-5628 July 19, 1999 Mr. Greg Ilkka, P. E. Director of Public Works City of Prior Lake 16200 Eagle Creek Ave. Prior Lake, MN 55372 VIA FACSIMILE AND U.S. MAIL RE: Charlotte L. Roehr Dear Mr. Ilkka: I am enclosing a proposed agreement for Ms. Roehr's improvement of the public road adjacent to her property in Red Oaks. The agreement generally follows the form used for the Hillcrest Homes subdivision. However, we have made several changes for the reasons set forth below: 1. The dedicated road is Ms. Roehr's only access to her property. It has been the only access to her property since 1930. We think that to now ask her to "request the City to authorize continued use... for driveway purposes" is unreasonable and suggests that the City could withdraw that right without payment to Ms. Roehr of reasonable compensation. Accordingly, that language was not incorporated into the proposed agreement. 2. Since we think that Ms. Roehr should have the right to use the adjacent road, since it is the only access to her property, we have written the agreement to authorize her to simply improve the road to comply with the minimum elevation requirements of Section 1105.402(4) of the Prior Lake Zoning Code. Since she will be improving a dedicated public road, we think it is reasonable for the City to approve the plans for the proposed improvements and to agree that the improvements be constructed strictly according to the approved plans. Ms. Roehr is willing to pay the cost of the improvements. 3. Several property owners have and will continue to use the improved road. They have historically jointly contributed to maintenance of the property. We think that ... Mr. Greg Ilkka July 19, 1999 Page 2 a simple statement by Ms. Roehr that she will maintain the road as necessary for proper access to her home is adequate for the purpose of this agreement and fairly represents the historical arrangement in this neighborhood. 4. We think that the indemnity should be limited to claims arising from Ms. Roehr's failure to construct the initial improvements in accordance with the improved plan. Otherwise, the construction of the improvements does not appear to change the historic liability exposure that the City has always had since this area was annexed. 5. I think that the insurance provisions in the Hillcrest Homes agreement are unfair in the context of the typical homeowner's policy. For that reason, we changed the agreement to state that Ms. Roehr would insure the road and provide the additional contractual liability coverage if such coverage is reasonably available and at no additional cost. Although an access easement is typically covered by a homeowner's policy as an appurtenant property interest, I am not sure that the same rule would apply to an adjacent public street. Accordingly, the language in the Hillcrest Home agreement may require a homeowner to obtain a completely separate policy that may be very difficult and expensive to obtain. I was also told that there will be a requirement that the road be blacktopped to a minimum width of 10 to 12 feet. Ms. Roehr's architect and contractor are concerned that because of the proximity of the road to the lake, the road will be more susceptible to movement and cracking than a typical city street. Accordingly, we have consulted with an engineer who recommends that the road be surfaced with crushed quarry stone rather than blacktop. Perhaps you could review this request, since we believe that it will create a quality road with substantially reduced cost for long term maintenance. Please call with any questions or to discuss the draft agreement. ~ Si~rs, ~~ HuemoelIer BDH:dw Enclosure cc: Charlotte L. Roehr AGREEMENT FOR PRIV A TE IMPROVEMENT OF PUBLIC PROPERTY Dye.- ftc cI us, rWf.&ed )::> ~ ~/~ c.e . This Agreement is made this _ day of , 1999, between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (the City), and CHARLOTTE L. ROEHR, a single person (the Owner). RECITALS A. The Owner is the fee owner of property located at 15322 Red Oaks Road, Prior Lake, Minnesota (the Owner's Property), legally described as follows: Lot 29, RED OAKS, Scott County, Minnesota, EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. AND Lots 30, 31, 32 and 33, RED OAKS, Scott County, Minnesota. B. The Owner's Property abuts a 20 foot road dedicated to the public in the plat of Red Oaks (the Road). Although the Road provides the sole legal access to Lots 26 to 37, Red Oaks, the Road has never been improved or maintained by the City because its width does not meet City standards. C. The Owner desires to obtain a building permit to construct a new home on the Owner's Property. Section 1105. 402(4) of the Prior Lake Zoning Code (PLZO) requires that residents have vehicular access at or above an elevation of 906.9 feet above mean sea level. Since a portion of the Road adjacent to Lots 27 to 30, Red Oaks, is below the minimum elevation for vehicular access specified in PLZO 1105.402(4), it will be necessary to raise the elevation of the Road as a condition to the issuance of a building permit for the proposed new home on the Owner's Property. 071999 1 D. The Owner desires to privately improve the Road to increase its elevation as required by PLZO 1105.402(4) upon the terms and conditions of this Agreement. AGREEMENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. DEDICATED ROAD. The Owner acknowledges that the Road was dedicated to the public by the plat of Red Oaks and must remain open to the public for public use. No fence or other obstruction may be placed on the Road without the prior written approval of the City, which may be given or withheld at its discretion. 2. IMPROVEMENT. The Owner may improve the Road (for typical residential use) to raise the elevation of the portion adjacent to Lots 27 to 30, Red Oaks, to at least 906.9 feet above mean sea level as necessary to comply with PLZO 1105.402(4) (the Road Improvements). The Owner shall submit the plans for the Road Improvements to the City for approval prior to commencing construction. Once approved, the Owner shall not modify or deviate from the approved plans without the prior written approval of the City. All cost or expense to design and construct the Road Improvements pursuant to this Section 2 shall be paid by the Owner, who shall indemnify, defend and hold the City harmless from all claims, liability and expense therefor. 3. MAINTENANCE. The Owner shall perform, as and when necessary, and pay the cost of such maintenance of the Road as may be reasonably necessary for access to the Owner's Property. The cost of such maintenance may be divided among the Owner and other property owners adjacent to the Road as they may from time to time determine. 4. INDEMNITY. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents and representatives harmless from claims, damage, loss, cost and expense, including attorneys' fees, which may be asserted against the City as a result of the failure of the Owner to construct the Road Improvements within industry standards for typical residential use, in accordance with the approved plans. 5. INSURANCE. So long as such coverage can be reasonably obtained by the Owner as part of a standard homeowner's insurance policy without additional cost, the Owner shall maintain general liability insurance coverage upon the Road for any 2 damage to the property of others or injury to persons. Such coverage shall be on an occurrence basis and, if reasonably available without additional cost, shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 4 above. The Owner shall on request provide the City with a certificate of insurance for such coverage. 6. CONDITION OF ROAD. The Owner acknowledges that the City has made no warranties regarding the condition of the road or its suitability for the Owner's purposes. 7. TERMINATION. This Agreement shall terminate at such time as the City undertakes maintenance of the Road. 8. BINDING EFFECT. This Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 9. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Road Improvements and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 10. RECORDING. The Owner shall cause this Agreement to be filed for record within 30 days of the issuance of the building permit for the home to be constructed on the Owner's Property. Evidence of fIling shall be provided to the City within 30 days thereafter. CITY OF PRIOR LAKE OWNER BY Its Mayor Charlotte L. Roehr BY Its City Manager 3 .. STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 1999, by WESLEY MADER and FRANK BOYLES, Mayor and City Manager, respectively, of the City of Prior Lake, Minnesota, a municipal corporation, on its behalf. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 1999, by CHARLOTTE L. ROEHR, a single person. Notary Public This instrument was drafted by: Huemoeller & Bates 16670 Franklin Trail Prior Lake, MN 55372 4 FILE COpy July 7, 1999 Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 RE: Agenda and Agenda Report Dear Charlotte: Attached is a Planning Commission Agenda and Staff Report for July 12, 1999. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. The meeting is located at the Fire Station on Fish Point Road. It is on the south side of C.R. 21, east of Hwy 13. If you have any questions, please contact me at 447-4230. Sincerely, .-1 ~-~~ nniTovar lanner Cc: Charlie Brown, TSP One, Inc. via Fax (612) 474-3928 Enclosure f:\dept\planning\99files\99var\99-043\agendlet.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minnesota Department of Natural Resources DNR Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 JUL - 6 1999 July 1, 1999 Ms. Jenni Tovar City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 L__""_- ~--' RE: LAKE SETBACK VARIANCE REQUEST FOR 15322 RED OAKS ROAD, PRIOR LAKE Dear Ms. Tovar: I have reviewed the site plans submitted June 21, 1999 for the above-referenced variance request and have the following comments to offer: Wernet with the applicant and her architect in April to discuss the redevelopment of the subject parcel. Discussion at that time included the necessary setback variance and the access issue (related to compliance with floodplain regulations). Please extend my appreciation to her for her early coordination. The DNR is not opposed to the setback variance as requested, and recommend the following conditions of approval for consideration: . the existing cabin and house be removed from the site . the lowest floor elevation (including crawl space) be no lower than elevation 909.9' no fill placed below the ordinary high water elevation of 904' without a DNR permit . to comply with the requirements of floodplain zoning, the access road be raised to an elevation no lower than 907.9' concurrent with construction of the new structure, and that the certificate of occupancy not be issued until the road is constructed to the city's satisfaction. I would also ask that the city closely examine the proposed platforms, the closest of which is 30 feet from the ordinary high water elevation. If these platforms meet the definition of structure, the setback variance should be measured from the closest point of the platform to the 904' contour. If there is opportunity to reduce the dimensions of the platform to meet the 49 feet the proposed home is at, that is recommended. At a minimum, effort should be made to keep the platforms out of the shore impact zone (37.5 feet). . Thank you for the opportunity to review and comment on the variance request. Please contact me at (651) 772-7917 if you have any questions. Sincerely, ~~~~ Patrick J. Lynch ill Area Hydrologist DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 . 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity " Printed on Recycled Paper Containing a ".., Minimum of 1 0% Post-Consumer Waste :....---''"':.............-~ \. 2J< S{::::::i~'~':~:i'> :.'. -'.' " ;;-'... .~>, ,......, ^;- '::.- t... " .... .,", "'~...~~;~:!'~...~~_._-~~:.:.;,~:~_...._~-.:~~-.A.:;"____~':'~~""'~__,",,~_~" FILE COpy June 17, 1999 Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 TSP One, Inc. Attn: Charlie Brown 21 Water Street Excelsior, MN 55331 RE: City of Prior Lake Review for Application Completeness for Variance Application Dear Charlotte and Charlie: On June 17, 1999, the City of Prior Lake Plamiing Department received an application from you requesting the following variance: ~ A 26-foot variance to permit a 49-foot setback from the Ordinary High Water Mark of Prior Lake rather than the minimum required setback of 75 feet. The Planning Department has determined that this application is complete and will begin formal review. While it is not a requirement of the application, the Planning Commission would like to have a copy of your floor plan. This will assist them in determining the reasonableness of your request. If it -is available, even in draft format, please submit to me by July 2, 1999. We will notify you of any pertinent issues, which may arise as a result of your internal review and preparation of our staff report. We have scheduled your request to be heard by the Planning Commission on July 12, 1999. The meeting begins at 6:30 p.m. and is located at the Fire Station on County Road 21 and Fish Point Road. You/you representative is expected to be in attendance. If you cannot make the meeting, please let me know. You will be receiving a copy of the public notice and a copy of the staff report with recommendation prior to the meeting. If you have questions please call me at (612) 447-9813. ~ \\fs1 \sys\dept\planning\99files\99var\99-043\complete.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER June 4, 1999 Ms. Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 Subj: ACCESS FOR PROPOSED NEW HOME Dear Ms. Roehr: Based on the issues related to construction of the access drive to your proposed new house, I am providing the following criteria which must be followed during the design and construction of this access: 1. Minimum roadway elevation of 907.9. 2. Minimum top width of 10 feet where space near the lake is limited. 12 feet is recommended where feasible. 3. 1- 1/2 to 1 (horizontal to vertical) maximum side slope with riprap. 3 to 1 side slope is desirable. If a 1- 1/2 to 1 side slope cannot be attained in the area near your property line due to the proximity of the lake, I would recommend you consider the use of a retaining wall. 4. Culvert(s) or other accomodations for drainage from adjacent lots. - 5. Raise existing manhole(s) to match roadway elevation. Existing manhole is buried under gravel drive. 6. A written statement from each adjacent property owner concurring with the work. 7. Execution of a "Private Use of Public Property" Agreement. As part of this agreement the City will require that you pave the entire length of your access from Red Oaks Road to your house. For your own benefit, I would highly recommend that the fill material used for the access be compacted in accordance with MnDOT specification 2105.3F. There are a number of testing firms that do work within the City who could perform this testing for you. We can provide a list of firms if you desire. Raising of the access drive will eliminate any issue with the driveway grade exceeding 10%. As I discussed with your Architect, Charlie Brown, he will prepare a drawing in plan view for this access drive. The important aspects of the plan will be to provide a contractor enough information to actually build the drive, and to tie the proposed work to an actual location on the ground. 162~~~~~~I;f1PR8FI...ake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORlUNITY EMPLOYER Ms. Charlotte Roehr June 4, 1999 Page -2- If you have any questions please call me at 447-9831 SA~~Y' ~~ Public Works Director/City Engineer CITY OF PRIOR LAKE cc:~IlGIiTovar Paul Baumgartner Charlie Brown, TSP One, Inc. (via FAX) Mahowald Builders, Inc. G:\LETTERS\GREG99\CROEHR.DOC -- .. _. . _.-=-:-::-;C; ... ... _ "./ . . FilE COpy April 21, 1999 Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 RE: Summary of April 16, 1999 Meeting Dear Charlotte, The purpose of this letter is to summarize our meeting of April 16, 1999. Attending this meeting were you, your architect Charles Brown, Building Plans Examiner Paul Baumgartner, Planner Jenni Tovar, Planning Director Dan Rye, City Engineer Greg Ilkka, DNR Area Hydrologist Pat Lynch, and myself. The purpose of this meeting was to discuss your proposal for a new house on property located at 15322 Red Oaks Road. The primary issues involved in building a new house on this site are the flood protection requirements and the minimum setbacks from the Ordinary High Water Elevation (904). We discussed the variances necessary. Specifically, without a variance to the 75 foot OHW setback, there is no legal building envelope. Based on this, staff's recommendation to the Planning Commission would be that a hardship does exist to grant a variance to the setback. Considering the proposed OHW setback of 50 feet would allow you reasonable use, we would not be opposed to this. Additionally, the DNR had stated they would not be opposed to the City granting such a variance. The other variance you are considering is to provide road access to the home below the required minimum elevation of 907.9. Based on the information we discussed, there appears to be no hardship as defmed by the City Code. Therefore we would not be able to recommend a variance to the minimum road access elevation. The DNR concurs with this position. However, considering a setback variance is required, you are welcome to ask the Planning Commission to consider a variance to the road. There will be no additional filing fee for the request. Your role as petitioner is to demonstrate that a hardship exists defined by the ordinance. City staff's role is to assist you through the process. The staff report on your request will explain your request and provide staff recommendation based upon the ordinance criteria. Such recommendations are based on literal enforcement of the ordinance and reasonable use of the property. The Planning Commission has the authority to grant variances. The Planning Commission may approve or deny all or a portion of the variances requested. You may appeal the Planning Commission's decision to the City Council who may affirm or overturn the decision. At the conclusion of our meeting it appeared that you intend to request variances. We have provided you with a variance application. As we discussed, you will need to provide a list of property owners within 350 feet. This list must include mailing labels and a map indicating the L:\99FILES\99CORRES\JENNI\ROEHR3.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .' -~...,_;-,~._,.."",..,_.,~" ;'-"__'.,-"_",,_,",,,-,.~ ,'.J";.-. "_"""~"~''''~' - . . ~,.-",-.IIo...~.-,-..,. ~'.~_. 4~. _,:-..,,_. .~.~...... ~. ~ .'. ._....._.~,';.._...-C_.'",,,.--.... _.,"",~ --..:._; '" '~..._..'. ."...'. ..', ... parcels included and must be generated from the Scott County Auditor's Office. A notice must be published in the Prior Lake American prior to the hearing. Therefore, the timing of your hearing is approximately 4 weeks from the date of submittal of a complete application. The Planning Commission meets on the second and fourth Mondays of the month. If a complete application is received by April 28, 1999, the hearing will be May 24, 1999. Alternatives to requesting a variance to the elevation of the road are as follows: 1. Raise the road as part of your construction project. This would require a "Private Use Of Public Property" Agreement to be approved by the City Council. Such an agreement would require you to raise the road to meet the ordinance criteria, including hard surface. Curb and gutter will not be required in this case. 2. Request the City raise the road. This can be done as a public improvement project. You can request the road be added to the City Capital Improvement Program and that the costs be assessed to the benefiting properties. This process will most likely take longer and the City Council mayor may not approve your request. You can contact Greg IIkka, City Engineer for more information on the public improvement project process. As part of the project raising the road, drainage of the adjacent properties must be addressed as well as obtaining any easements from adjacent property owners. Generally slopes cannot exceed 3: 1. Retaining walls will require engineering. Fill below the 904 elevation will require a DNR permit. The Fire Chief must also approve any plan for access of emergency vehicles. Your next step is to submit a complete variance application to the Planning Department. In the meantime, City staff would be glad to meet with you to discuss any other questions you may have. We will work expeditiously with you to assist in the variance process so the necessary building permits can be issued as soon as possible. If you have any questions, please call me. (~~'''i SOl) cc: Pat Lynch, DNR Don Rye, Planning Director Greg IIkka, City Engineer L:\99FILES\99CORRES\JENNI\ROEHR3.DOC FILE COpy April 16, 1999 Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 RE: Results of Meeting on April 13, 1999 Dear Charlotte, The purpose of this letter is to summarize our meeting of April 13, 1999. Attending this meeting were you, your architect, Charles Brown, Building Plan Examiner Paul Baumgartner, Building Official Bob Hutchins, Planner Jenni Tovar, Planning Coordinator Jane Kansier, City Engineer Greg Ilkka and myself. The purpose of this meeting was to discuss your proposal for a new house on the property located at 15322 Red Oaks Road. The primary issues involved in building a new house on this site are the flood protection requirements and the minimum setbacks from the Ordinary High Water Elevation (904). We discussed the fact that the City has been delegated the responsibility for implementing federal and state flood plain requirements. Accordingly, any new structure within the flood plain must be built so the lowest floor is elevated to the Flood Protection Elevation of909.9 feet. An elevation of908.9 feet must extend at least 15' beyond the structure, except where there is a property line. This elevation cannot be varied. The Flood Plain Management Ordinance (required by state law) also requires all new structures to have an access with an elevation no more than 2 feet below the flood protection elevation, or at least 907.9 feet. This will require that the portion of Red Oaks Road adjacent to your property be raised from its existing elevation of 904 feet. According to the ordinance, a variance to this provision may be granted by the Planning Commission. Since the Department of Natural Resources (DNR) can challenge any variance the City grants, we agreed it would be prudent to meet with Pat Lynch, Area Hydrologist for the Minnesota Department of Natural Resources, on Friday, April 16, 1999, at 11 :00 AM. We also discussed the implications of the new Zoning Ordinance which is effective on May 1, 1999. The new ordinance provides for a 75 foot setback from the Ordinary High Water Elevation while the existing ordinance requires 50 feet. Since the new requirement would all but eliminate your building envelope, a hardship exists for which the Planning 1:\99fi1es\99corres\jenni\roehr2.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Commission can consider a variance of some magnitude. From a staff perspective, we agree that some variance is appropriate. At this meeting, we also explained the variance process. A variance request requires a completed application form. Your application must be accompanied by a certificate of survey ofthe site signed by a registered land survey. This survey must include all proposed structures and their setbacks and the impervious surface on the site. Your application should also include all applicable variances you are requesting. For example, it might include the road elevation, setbacks, impervious surface, and so on. Your application must also include a map and a list identifying all of the property within 350' of the site, and the names and addresses of the property owners. This list and map can be obtained from the Scott County Auditor's office. Once you have submitted a complete application, we must publish notice of the hearing in the newspaper and mail notices to owners of property within 350' of the site. The Planning Commission will hold a public hearing on the application, and generally makes a decision on the same evening. The Planning Commission meets on the second and fourth Mondays of the month. You must submit your application at least 30 days prior to the meeting date. I hope this clarifies the issues that have been raised. I an my staff want to work with you to reach a reasonable and expeditious conclusion to these matters. If you have any questions, please call me. 1: \99files\99corres\jenni\roehr2.doc Page 2 DATE: 1-/ -/3~1/ To: rev t Lyr10h @# 7'1;)--7177 @# @# $ L} (including cover) ~ I{)V~ NUMBER OF PAGES: FROM: ,JtnW FAX No.: 447-4245 Notes From The Sender: fcJ - IYlfu ~(' ) I am FTc tN-dJ~~. 'OM will ~ scA1Jltck:. VarrUl"\L.e(7 [fh~ tk.. Y\~.v "Z()n-c (yd ["S/'/H). Our CU(\[ern rt~arclt"')0 tN.. rDCtd ;5 Ff/Jod Dre(. ((~.~(ttS yuc,(j Iv Pc. qo??, Sf~ must rOt~.K. roo.-d Or jd- c. r/af';f1~. Hclw dc1€S .+1-<.. Op(Z. W o.-boJt" OVCl,.hl\~ 0.. i10Yi"u/'1~ +0 oj(()..,) tN- roa.d Iv rem",,,, tlls oJ q D 3 _ c;o'-l (lJJW). C~II /IV- CL Hu--' ~ ~ .'~- ]:0, hDt- S'vVe.. v-b~rJt horclSh,'?JS in tiv~ {~s-e. Iht<-nJ0. Notice of Confidentiality The information transmitted with this facsimile is confidential and is intended only for the individual orentitydesignated above. If you have received this facsimile erroneously. please notify senderinimediately and destroy the transmission. ibRll~_ ew- PLEASE CALL ~ n/~ AT 4lf 7 ~ qi I ~ IF You Do NOT RECEIVE ALL AGES. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 5A-1-5 5A-1-5 { A} 3. Fill may be a permitted use; provided, that It Is part of a development project and Is accompanied by an approved building permit and/or grading and filling permit. Fill shall be protected from erosion by vegetative cover. mulching, rip rap or any other ac- ceptable method, apPJoved In advance by the City. All building permits for lands within the flood plain district shall be forwarded " to the Department of Natural Resources for review and approval \ according to the procedures outlined In Section 5A-1-9 of this Chapter. 4. Residence and other structures constructed on fill so that the { '0 basement floor or first floor, if there Is no basement, Is at or abo~ ?~ the rea~latory flood Drote~tlol'\ elevatlQlJ. The finished fill elevation ~, ( shall be no lower than one foot (1') below the regulatory flood ~. i protection elevation and shall extend at such elevation at least l:; fifteen feet (1S') beyond the limits of any structure or building fi erected thereon. Fill shall be compacted and the slopes shall be I: protected by rip rap or vegetative covering, approved In advance by the City ~, (B) Standards fot Permitted Uses: -...-.-. 1. The use shall have low flood damage potential. e, 2. The use shall be permissible In the underlying zoning district. 3. The use shall not adversely affect the regional flood elevation or cause a measurable increase In the stage of the 100-year or reg- Ional flood or cause a considerable Increase In flood damages In the reach or reaches affected. ~ 4. Residences that do not have vehicular access at or above an elevation not more than two feet (2') below the regulatory flood protection elevation shall not be permitted unless granted a variance by the Prior Lake Planning Commission. In granting a variance, the Prior Lake Planning Commission shall specify limitations on the period of use or occupancy of the residence. 5. Where existing streets, utilities and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the regulatory flood protection elevation may be permitted provided appropriate variances are granted by the Planning Commission and, provided, that the residence is floodproofed in accordance with the State Building Code. 491 i \ \ \ \ ~.".s- ~.~ .\ .'-...... '1'". ~<"' . .,. ./' -(<S-<:'>~d ~':"'...",,"-:.~.y . ~........'..:'. ~/ ,~ . . ~. ;q o ~)\ J'60 ~(U~l))( ':. }:>;..:'.;'i':~'___~""""~'~"'~~>;"~I^'_-"";~_"'_:d-""_~'~',;."';"\d'~_';4",'_...:!.>......~__<,___.~'"h""'...,...~,.,.,",.~~ ....,.,-'-. .'-' .. _..;.-,~.._~.'.......;"'~~...~_._. ,~..'..'... .',,,.',-'-'" FILE COpy April 2, 1999 Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 RE: Proposed New Dwelling Dear Charlotte, The purpose of this letter is to summarize our meeting and subsequent events of March 26, 1999. The meeting was at your request and was attended by you, your architect (Charles Brown), Building Plan Examiner Paul Baumgartner, and myself. We reviewed your survey and proposed new house. This review is preliminary and not based on any permit application and is subject to change especially considering a new zoning ordinance goes into effect on May 1, 1999. While the house meets the current 50.' OHW setback and appears to meet impervious surface requirements, the following issues remain to be resolved: . The driveway slope exceeds 20.%. Generally the maximum permitted slope is 10.%. However, the City Engineer can approve a steeper driveway under unique circumstance and with proper drainage. . While researching the ways in which you could reduce tlle slope and minimize the grading in the right-of-way, we discovered that the Flood Ordinance requires access to the proposed house be no less than 2 feet below the regulatory flood protection elevation of 90.9.9 feet. This means the road to the house can be no lower than 90.7.9 feet. There are several options for achieving this. 1) Raise the road as part of your construction project. This would require a "Private Use Of Public Property" Agreement approved by the City Council. Such an agreement would require you to raise the road to meet the ordinance criteria, including hard surface. Curb and gutter will not be required in this case. 2) Request the City raise the road. This can be done as a public improvement project. You can request the road be added to the City Capital Improvement Program and that the costs be assessed to the benefiting properties. This process will most likely take longer and the City Council mayor may not J:\99fib:.s\99~olJes\je.nni\roehr.doc. Page 1 16200 Eagle creeK Ave. :,.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,.......' -- ,.-,... .::".. ~:-' ..'. _~ _'--'..~~~~.~~............ -'"."...,:...;...........;c...u._.... ,. approve your request. You can contact Sue McDermott, Assistant City Engineer for more information on the public improvement project process. . As part of the project raising the road, drainage of the adjacent properties must be addressed as well as obtaining any easements from adjacent property owners. Generally slopes cannot exceed 3: 1. Retaining walls will require engineering. Fill below the 904 elevation will require a DNR permit. The Fire Chief must also approve any plan for access of emergency vehicles. . If you apply for and receive a building permit by May 1, 1999 the 50' OHW setback applies. The road issue must be resolved before we will issue a building permit. - . After May 1, 1999, a variance will be required as the OHW setback will be 75 feet. . We measure setbacks to the furthest protrusion of the structure. The logs overlapping at the comer of the structure must meet setbacks. The current ordinance allows for roof overhangs up to 2 feet to encroach into the setbacks. If the overlapping logs are part of the roof and encroach less than 2 feet, then they will be okay. I hope this clarifies the issues that have been raised. Attached is an outline of steps to be completed for your project to proceed. This process is going to take some time as City Council approval will be required. If the May 1, 1999, deadline is missed, you may wish to submit an application for any variances necessary along with your request for the road improvement options (Agreement or public project). This way, you can be assured the variances are approved prior to spending time and money on the road project. If you have any questions, please call me. Sincerely, ~ ~/$I!- U Jenni Tovar Planner c: Greg Illka, City Engineer Charlie Brown, TSP One Inc., 21 Water Street, Excelsior, MN 55331 1:\99files\99corres\jenni\roehr.doc Page 2 ~ . . . ..V,..;._,..:r_...........,\,..-..I.;..,........;.;.".~.....c.._.~."-~,~.:~~., ......".-"',......_~w.......,....._.~.~ .~........,~'" ,;:.t..,~~,.. _...'.,......._.~"~ ). - t PROJECT OUTLINE UNDER PRIVATE USE AGREEMENT Charlotte submits letter to City indicating direction to proceed ("Private Use Of Public Property" Agreement). PlanninglEngineering Department brings the request to the City Council. Charlotte submits plans for the road/driveway. Plans must be approved by City. A Grading Permit is applied for from the City. A DNR permit may also be required if filling below 904 elevation. After grading permit is approved, a building permit can be applied for. Charlotte begins construction on the road and house. A certificate of occupancy will not be given until the road/driveway project is completed. 1:\99files\99corres\jenni\roehr.doc Page 3 Miscellaneous L:\TEMPLA TE\FILEINFO.DOC . '" ~. D......J..~ ~ @ ~ 0 \Y7 r.g.. ~ I IU)! . "I I :',\1 ~ 141!m ! j ',]I.JL- J : ~ L_ Planning Case File No. Property Identification No. ~t\ ,. 0 "'\7:) City of Prior Lake a LAND USE APPLICATION S-04 d--D '9- 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 (pro'posedzonin~ ~U; ~ILV ~~ o Amendment to City Code, Compo Plan or City Ordinance WqM 2. 'i~ ~O G/JIIlA1:::12. o Subdivision of Land t'"ff Atr#'~ ~(",) cIIfJ o Administrative Subdivision ---It-.C~D\J9 ~ (~..!- o Conditional Use Permit Variance o Other: Applicable Ordinance Section(s): ~. ~~ Applicant(s): Address: Home Phone: c,~~12- ~~~~ ~ ~ ,!"ft.I1JIe. ~ t UA.I G~')". -. Work Phone: "1\. ~7. A100 Property Owner(s) [If different from Applicants]: Address: Home Phone: Work Phone: Type of Ownership: Fee _ Contract for Deed Purchase Agreement____ Legal Description of Property (Attach a copy if there is not enough space on this sheet): ~ ~ ~ St. ele'f. To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevan c 'ons of the Prior Lake Ordinance and procedural guidelines, and understand that ap i tions will not be pro;)ls u d med complete by the Planning Director or assignee. & - /(- 9 / Date 1t'-/I~f7 Date '. / TIDS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date /~ ~ ~"'~:lV"f-';'; .:'.~--'''':. _...-- -~-----~ RECEIPT # 34572 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (612) 447-4230, FAX (612) 447-4245 DATE: (o!Ji-/3:J ReceivedoL~O'1 &1~4 en the sum of ~: --;r,-, -",d: g ,.j;J);r-4.' -I- fLOlt 00 for the purpose of . LV <1 dollars I1wA~ n.,"t:l.~~ Jj/j If (I./r;../bik RndLr $ L c:Z{2- Invoice # NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A nRIVEW A Y WIDTH VARIANCE. THE MAXIMUM DRIVEWAY WIDTH ALLOWED AT THE PROPERTY LINE IS 24 FEET; FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-l (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 15322 RED OAKS ROAD. You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of c.R. 21 and Fish Point Road), on: Monday, August 9,1999, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 SUBJECT SITE: 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office of the Register of Deeds for Scott County, Minnesota. REQUEST: The applicant is intending to remove the existing dwelling and construct a single-family house with attached garage. The proposed driveway exceeds the maximum 24-foot width at the property line. 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 L:\99FILES\99V AR\99-043\99043PN2.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 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. Prepared this 21 st day of July, 1999. Jenni Tovar, Planner City of Prior Lake To be published in the Prior Lake American on July 24, 1999. L:\99FI LES\99V AR\99-043\99043PN2.DOC 2 /I \_ 16670 FRANKLIN TRAIL SE. SUITE 230 PRIOR LAKE MN. 55372 PH. (612) 447-2570 FAX (612) 447-2571 N88026' 45"W 120.00 ------ ) ------ ------ ------ --......... ------ 166- . J6 ------ ... ... . . .. . . . . . .. . ... ... ------ ------ ------ ------ ------ ------ ------ ------ . . . . . . . . . ------ ------ ------ ------ ------ :to / "'1:"~ I ,"'- ,::;,-/ "/ / . / ee, e. 1'-"', .,' " I; ~.. '.' ", .. ~:~ ""',.t.~/~. "'b ", G;,q)~. 1;S, , 0 ~ "'-,- \ ~I "'-'-...'-... -", "~ \~ '-..., '-'-,- ~ EX. 5 . ~ '-...''-,.90.9'-... ~ '-',RIM EL 90~~\ ~o1'E. 'IJ/>."I 'IJ\01'~;; !>9' OR\\IE: ~1'''I \..\~E. pROf'E." ;'~'~~; .' 7 PRIOR E:L. 902.0 LAkE 1/8/99 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) (luKk ~ilie City ~lor Lake, Minnesota, being duly om, says on the day 0 att . t of ersons to have an interest. the by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. ty of Scott, State of 1999, she served Subscribed and sworn to be this day of , 1999. NOTARY PUBLIC MAILAFFD.DOC PAGB " ~1,~;:""V_'-'-. NOTICE OF HEARING TO CONSIDER THE FOLLOWING: AN ORDINARY HIGH WATER SETBACK V ARAINCE FROM PRIOR LAKE. THE MINIMUM REQUIRED SETBACK IS 75 FEET; FOR THE CONSTRUCTION OF A FUTURE SINGLE FAMILY DWELLING ON PROPERTY LOCATED IN THE R-l (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 15322 RED OAKS ROAD. You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish Point Road), on: Monday, July 12, 1999, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Charlotte Roehr 15322 Red Oaks Road Prior Lake, MN 55372 SUBJECT SITE: 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office ofthe Register of Deeds for Scott County, Minnesota. REQUEST: The applicant is intending to remove the existing dwelling and construct a single-family house with attached garage. The proposed house does not meet the setback from the Ordinary High Water of Prior Lake. 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 F:\DEPT\PLANNING\99FILES\99V AR\99-043\99-043PN .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 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. Prepared this 23rd day of June, 1999. Jenni Tovar, Planner City of Prior Lake To be published in the Prior Lake American on June 26, 1999. MAILED JUNE 30,1999. L:\99FILES\99V AR\99-043\99-043PN .DOC 2 TOPOGRAPHIC SURVEY PREPARED FOR: CHARLOTTE ROEHR 15322 RED OAKS ROAD S.E. PRIOR LAKE. MN. 55372 VALLEY SURVEYING CO., P.A. 16670 FRANKLIN TRAIL SE. SUITE 230 PRIOR LAKE MN. 55372 PH. (612) 447-2570 FAX (612) 447-2571 . N88'26'4S"W 120.00 ~ ~ 'v 0,0, ....~\ ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... 16G" ....... ....... ....... ....... ....... ....... ....... . . '.' .1' Il..... "'1., O~-O 0: ['y' ~ 0,0 << 0" / /.... ....... ....... PROPERTY DESCRIPTION AS PROIJIOEO: Lot 29. REO OAKS on Prior Lake EXCEPT thot part dl!sc:ribed os follows: Commencing at the southeast .:Qtner of solg Lot 29, tho 3Qrne being tne northeast cornllr of LlJt 28 of soid plot: thence North 68 deqrelt9 21 minutes ~2 seconds West (assumed bearing) 01009 the southerly lin. of soid Lot 29. a distance 01 13.a9 feet to the point of beginning of the land to be describl!Jd; thence North 62 degrees 09 minutes 42 secondl West 157.47 feet 10 the west.rly line of said Lot 29; thence $Qulh J2 degrees 00 minutes 40 s~onds West olanq wid westerly line 17.29 feet to the southeny lln,. 01 sotd Lot 29; thence South 68 oeqrees 21 minutes 42 seconds East 1:59.66 te.t. along soid southeny line to the point of beqinninq. .., '--'.' ~, , " " ~"""" ", ", ,"" ~~ '-" ''', "'- EX. . MH ....',....~9.........,.......... ',....."1... EL. ~ '- ............~.......... ~'o ~~,~~ '~'" ............ --, , " ....3/0 " \ ""'>'~\ -~\' \ \, I h\ \, \ \ \', -'-90'_" . \ ' \ \. \ "--...-\- "',\ " \... <>, "', \. \ \ \ '...... \~\,'\ , \ \, \\\ \\\~\ \ \.\ \ \\~" \ \ '\ --909- '\ \,\, "'\"<"'''~ \ " --OJI ~_.. , " , , , , '"........- PRIOR tl.. 902 .0 1/8/~Akt . GRAPHIC SCALE 010 I I ( IN FEET ) inch = 20 fl, . Denotes Iron Monument Found o Denotes Iron Monument set and marked by license No, 10183 ,,' ..<.... and Lois Th~ly (JO). Thirty-one (Jl). Thirty-two (J2) and Thlrty-th(ee (JJ), RED OAKS on Prior Lake occordinq to the pJot thereot filed 0' record in the O,neil 0' the ~.9illt1l( at Oeeds tOt' sold Scott County, Minnesota. ..... .::i5::::) . . . . . . . . . . ..' ...". . .. . ........ ;: ",:>CITYOFPRIORLAKE .... '.; \JR<>f' "."at; ..--",". 1m pmlousSllrfaceCaI culatio us .. . ". . . . (To be Submitted with Buildirig Permit Applicatiol~) . . ..... ForA11.Properties LocatedirUheShorelandDistrict The MaxJ.mU111 Impervious Surface.Coverage Permitted in ." , " . ,..---:"'-----._.._--~-- -:--. ; re, ir;:;~ T-~~'" . , 'U' !;:;ll'-'-'.:..:'U"{ r. . , L::J~I.:...::::: ~---\ . .' . 'lj! . ~ I 4 1999 ~' J '. {. /1 .I . . PropertyAdclress.\lS322. . REbO,JLs ~O~ S.E." . . " . LotArea ~ 1o,cSOH Sq. Feet x 30% = :...;......... .'4:e\o9. .' ..... ***~****.**.********~************************~~*****************.******* . LENGTH . SQ. FEET HOUSE . '.~c..ei.. \\s~, . ~. . .......;. .~ . ....flc;'^-:.... '. ATTACHED GARAGE X' .x x = ". ,. ,. . T.OTAL PRIN CIPL~ STR UC1'URE.~~....;............... .... .lJ'~ Lp . ...... .'. ., DETACHEl;) BLPGS , . . . (Garage/Shed) . x . . . . .. . '. -. . . :." ." . .'. . . . . . .' . , . ' ,'. . . . '. , .. : .' . . , . ~~1YMVE~REAS... .. . : (Driv~~ay.pave~ .or not). (SidewalkfPark,ingAreas) ". . " .. . . '. TOTAL DET ACHEDBUILDINGS..~....;......."....... x '. X 'X;." = . = '. . ','., . . ;-,.\Y~6 '. .... ,;)'':'1 '~.' ... TOTAL P A'VEP AREAS~....~....~~..~'~~..;......'.........!....~.'~ ~;~r:~ . . . . . pA TIOS/PORCHES/DECKS.... . . . . ,--., ' .: . (Open Decks W' min: openirlg between . " boards,'-witha pervious surfa.cebelo~v" . arc'not considered tobeimpervious) , .' x x. '.:ill' . . . ~lt. = .'x' = ,'. .- -' ..'" . . ,'.' : :' '. .;TOr AL D~CI{S........~~.~.......'.~.~,"".~.'''~''''~.h''''...'~'''''''' . x " . ......x .,::"1, . OTHER_ I.. . " . \,. .' . ". ' ' TOTAL OTHER.,.'~..~.~..".~...~~.....~...~'......"..~"................ . ':" \:' TOTALIMPERVIOPSSURFACE . . I '~C\u,~(p..'I' 6~VE~~:' .............. .. .......... .1 \9<:>:' ..1. .Prepa;e~:.:.~y;.:.,..:p;.~~<.\<~.A~~~ .' . Date lo' ~ l t- '19 : . .' . ',' .' p..... . . \ . Cowpah; ~ ~)\~~ <5 \l R{ eo \r~r.o')~ Phone #~ 41- t. 210 . AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) of the City of Prior Lak Coun om, says on the ~ day of to h ve an interest in the by mailing to them a copy thereof, enclosed in an envelope, posta repaid, 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 , 1999. NOTARY PUBLIC MAILAFFD.OOC PAGa Properties within 350' of Lots 29-33 Red Oaks 200 I o 200 400 600 Feet I :..:- "'C Q) ::J ::J :f co cO <0 :::tl CD ~ <0 < Dl :;:!- <0 <0 I o ~ CIJ tiS ~ fij" - X 'fjj ~ ~ 0> W o CO <0 ~t~ ~ ~ i ~ ~ ~~~ ~~~ ~ ~ ~ ~~~~~~~! i ~~,~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ M\6 6 5 6 5 ~ ~ ~ ~ ~ ~ ,~~~ ~ c OJ C;H rR ~ ~ ~ ~ ~ (j) CIl =1 =1 =1 =1 =1 ~ ~ ~ ~ z ~ ~ (j) I 0 ~ 0 - - I I I I I ~ OJ m m m m m ~ ~ ~ ~ CIl ~ m ~ z 0 > > 0 0 moo mOm r r r r r ~ ~ m _ ~ ~ ~ ^ ^ r ~ ~ r ~ ~ Z ~ ~ ~ ~ ~ ffi ~ ~ ffi m ,8> ~ ~ ~ ~ ~ m m ~ m z ~ 0 0 0 0 0 > ~ ~ > ~ + ~~~~ffi~ ~~~~~m0~~~~~~~~~> I > 0 CIl m > m 0 Z Z 0 Z ~ ~ ~ ~ ~ ~ ~ Z ~8C1l Z cOOcOz ~~~~ ozg m j;! j;! ~ zzzz Z > I > > (j) m m m m ~ r 0 > r r r r oem Z m (j) ~~ ~ ~ 0- Ool ~ CO +- ;:::: ..... CO ~ ~ti. 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W W W W W W W W W W W N ~ ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~ ~ ~ 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ <.n ..... .j:. ..... ~ al ~ ~(X)~ ~ > ~ m ~ m C > C o Z 0 > > ^ ^ CIl CIl o ~ ;ij ~ C CIl C m CIl CIl m m ..... ..... ..... <.n <.n <.n W W W ~ ~ ~ ~ ~ ~ m m m C C C ~ ~ ~ ^ ^ ^ CIl CIl CIl ~ ~ ~ C C C CIl CIl CIl m m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ <.n <.n <.n <.n <.n <.n <.n <.n <.n <.n <.n <.n <.n ~~~~W~WW~~~~~ W Ol ..... ..... ffi ..... ~ ~ I\) I\) I\) I\) I\) ..... ~ <.n ~ ~ 0 <.n ~ ..... ~ ~ ~ ~ ~ ~ ~ OJ ~ ~ ~ ~ ~ m m m m m m m ~ m m m m m C C C C C C C m C C C C C ~~~~~~~~~~~~~ @@@@@@@~@@@@@ z ~ OJ ~ m m N ~ ~ o Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C C C C C C C ~ C C C C C CIl CIl CIl CIl CIl CIl CIl C CIl CIl CIl CIl CIl m m m m m m m CIl m m m m m m ~ C CIl m en I > C I\) )> .., ~ CO" :E w 01 q ;0 Q) a. 2" (JJ o - r o - (JJ l'.) CD I W W ;0 (1) a. o Q) ';J::' (JJ 75 Q) a. ~ /2 SEe. 35 ..... o~ fF ~ ~ I 4 1999 .-...... -..-.-.-- .~.__.- ._....--..-._-~---~_..... ._---_.,.....-..~_..._...._. T //5 R. 22 TIllS 19 l cnllP!UnaH Gl' a:;cng 17:!Y l~:: !~ Ti;, r:..'"T'i em Ofr!!::: lJr:~Tt::: T:"': t.!::A $I t::~ ~~;:::c (3 iJ ::~ ~::u ~::LY , n:r~.!::i::f alil1:J;a UJ t~ t I TV I; 1"1 BZ:;O:::;;;;Lf na uti I I~ES IWIUB CGlTaIIIiIl r:!]) ~-(_ -.S.:' ~S - q35 .oc;,B-O ~ Reed'I5JonC'JI7C *"~ 'V~ [A! I I LoT I OCT. I Ifl-~. t DEe. I FEB . I OCT I ...,Nt .,!UNE APflL WILLIAM J. SCHMOKEL ~=: I COUNTY SURVEYOR. NOV.I SCOT T COUNTY. MI",NESOT&. uP! t \ L_.. N 35 - 115 - 2_?_._.._. jtnnilbVui CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: CHARLOTTE ROEHR VARIANCE 99-043 An application for an OHW setback variance. The existing cabin will be removed. APPLICANT: Charlotte Roehr PROJECT ARCHITECT: Charlie Brown TSP One 21 Water Street Excelsior, MN 55331 (612) 474-3291 CONTACT PERSON: Charlie Brown! Charlotte Roehr SITE INFORMATION PID#: 25-042-019-0 LOCATION: 15322 Red Oaks Road EXISTING ZONING: R-1 Low Density Residential & SO Shoreland District COMPREHENSIVE PLAN: R-LMD Residential Low-Medium Density PROJECT REQUEST: Charlotte is requesting a variance to be 49 feet from the OHW rather than the required 75 feet. Charlotte will raise the road and a separate grading permit will be required at that time. ! DISTRIBUTE TO: 101 APPLICATION FOR: I X . Frank Boyles X Greg IIkka Administrative Land Division X Brett Woodson X Sue McDermott Comprehensive Plan Amend. X Ralph Teschner X Paul Baumgartner Conditional Use Permit X Paul Hokeness Home Occupation X Bob Hutchins Rezoning X Don Rye X Doug Hartman Site Plan X Jane Kansier X Dave Chromy Preliminary Plat X Jenni Tovar X Bill O'Rourke PUD X DNR - Pat Lynch X Minnegasco Final Plat County Hwy. Dept. X Watershed Dist. X Variance MNDOT X Telephone Co. Vacation SMDC X Electric Co. Other Met. Council Date Received 6/14/99 Date Distributed 6/17/9 Date Due 6/25/99 Complete Application 6/17/99 Date Distributed to 6/17/99 DRC Meeting 6/24/99 Date DRC Publication Date 6/26/99 Tentative PC Date 7/12/99 Tentative CC n/a Date 60 Day Review Date Review Extension L:\99FILES\99V AR\99-043\REFERRAL.DOC Page 1 ~ I have reviewed the attached proposed variance application for C tMttte Roehr (99- :1 II 043) for the following: I Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other JUN 3 0 1999 , i I j I! III iWJi Recommendation: -P-- Approval Comments: Denial Conditional Approval ~..!t3~ ?4J ,c:-f ~,;ve7r ~~fP&-)c(/ Please return any comments by June 25. 1999 Signed: Date: ~ ' 2 S-.-- 'ip , to Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 L:\99FILES\99V AR\99-043\REFERRAL.DOC Page 2 I have reviewed the attached proposed variance application for Charlotte Roehr (99- 043) for the following: Water City Code Grading Sewer Storm Water Signs v Zoning Flood Plain County Road Access Parks Natural Features legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: ,JUb-1 .<.['TVV\L l' ~crn.s : · lA) ~ i.c:., 4-N... ~.k... mJ..L'JJ\J. .l A J ~ aA" - cJ;;:, ..i.IV ~ 1) CJl.. YykJ.1(jl - ~J+k dA1JJf.u.n.lj LUJrdl). I l./-An/V\ ;:;1' n:i:.- ~ . 'f'~f J~./ 7 · () . tAll. ~ OV'LAA lM J /Tv0 ~ 10 f~CI. /"L ~ k , 'fJP n /Y\ d l11..PL ~ ff ...A1 tf J ; A .I d....., Signed: ~ Date: t(J ! d-6- .I q CJ Please return any comments by June 25. 1999 ,to Jenni Tovar, Planner City of Prior lake 16000 Eagle Creek Avenue SE Prior lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 L:\99FILES\99V AR\99-043\REFERRAL.DOC Page 2 I have reviewed the attached proposed variance application for Charlotte Roehr (99- 043) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: / Approval Denial Conditional Approval Comments: A '0 IV ~~~ Signed: ~ ~ Date: ~/ZCf/CJCj I I Please return any comments by June 25.1999 ,to Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 L:\99FILES\99V AR\99-043\REFERRAL.DOC Page 2 I have reviewed the attached proposed variance application for Charlotte Roehr (99- 043) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads! Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: L Approval Denial Conditional Approval Comments: 1 ~ (d) "';', (\ '.J-<''-<--'''' "J.J4: '""--Q.. Signed: Date: Please return any comments by June 25. 1999 ,to Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 L:\99FILES\99V AR\99-043\REFERRAL.DOC Page 2 ~ - ~ ~ <:) <J" 0" 11 <;) \ ~ 0... l' 'S ~ ~ ~ :-- ~ ~ . -- ~~" ~ o CJ .:I E-<r-i E-<o 00\ CJ~ OlE-< \,0 0.. 00 U1 0.. 00 H <:J< ClJ 0.. .--I 00 ClJ '1:1 r'l o 0.. ;:E: 00 .--I C\l nl 0.. tn 00 ClJ .:I r-i 0.. tIl 00 tIl ClJ H '1:1 ..c: '1:1 0 ~ 00 ClJ CJ e ....... nl E-< Z r'l o r-I o eCO aJr-i .j..l tIl >.0\ 000\ 0\ ><r-i nl....... E-<C\l r-i 00....... 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'-- '-- '-- '-- '-- '-- '-- ~ ~ V 0)0) f\ ~' ~ rve:> ~. 0)0 Q ~. '-- '. '. '-- ...~ .,p .~<)., cP ~ro ,,~<J' 00 ~o. '-- 16'::---.. 6.J6'-- . ., . . . . '. . '-- / / / / / / / / / / / / / '.' / :. -..: .....\-'.../ .:.,.....:/ .::/ // '-- '-- '-- '-- .' . . . '-- '-- !:) .,.<v <:5 C) !:)' . ^:5 .$J.~ ~f\; ~ / ( '-- '-- .... '.' PRIOR cL. 90" <.0 1/8/~Akt PROPERTY DESCRIPTION AS PROVIDED: , , , , so;> ',... ~ ',.~<).,/~ .-'_______so.~. ',.n"'6...C?J P.P. , .- Q"V v ~~~'" ", ,?foq}~. g; \ c, "'" \ ~J '-'-'-"<":~ EX. ~. M~' '-', 17s>" ~'- RIM E~~ U '........ ".......', 'i ....'...." ......., ,,', ~-""90 """~" '-,"", \ ',9 \. \ 717 , " \ \ ""'<, ~ \ ,~\ \ \\1\ I \ \ \ I \ \ " \ \ " '--9177-\ " \ ',,-- \ \ \ ~-908-\- ',,\ "- , \', '\ ", \. '\ \ " \ \ \ " \\\ \ " \ \ " '\ '\\ \ \' \ \ \ \ \ \ \ \ \ \ \ '\\, \ \\"--909- \, \\ '" ',''-, \ \ '........ '\ \ '"--91 --- , " \ , , , , '- '-. , , ~ GRAPHIC SCALE 40 o 20 40 ( IN FEET ) inch = 20 ft. Lot 29, RED OAKS on Prior Lake EXCEPT thot part described as follows: Commencing at the southeast corner of said Lot 29. the same being the northeast corner of lot 28 of said plot: thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said lot 29. a distance of 13.89 feet to the paint of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of soid Lot 29: thence South 32 degrees 00 minutes 40 seconds West aiong said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet. along said southerly line to the point of beginning. . o Denotes Iron Monument Found Denotes Iron Monument set and marked by License No. 10183 and Lots Thirty (30), Thirty-one (31). Thirty-two (32) and Thirty-three (33). 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