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HomeMy WebLinkAbout99-045 Admin Plat < . Project #99-049 Jeffery Daas 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 99-15PC Kelly Meyer Deputy City C erk Dated this I & day of August, 1999. (City Seal) 1:ldeptworklblankfrmltruecopy.doc RESOLUTION 99-15PC A RESOLUTION APPROVING A 35 FOOT VARIANCE TO PERMIT AN ENCROACHMENT INTO THE BLUFF OF 10 FEET RATHER THAN THE REQUIRED SETBACK MINIMUM OF 25 FEET FROM THE TOP OF BLUFF. BE IT RESOL YED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. Jeffrey and Jacqueline Daas have applied for a variance from the Zoning Ordinance in order to permit the construction of a deck on property located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Fish Point Road, legally described as Lot 2, Block 1, Maves Second Lake Addition, Scott County, MN; 2. The Board of Adjustment has reviewed the application for variance as contained in Case #99-049 and held hearings thereon on July 26, 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. 4. Because of conditions on the subject property and on the surrounding property, 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 applicant can construct a deck over the existing porch without a variance. Considering the applicant is not utilizing the entire porch area, the size of the deck is similar to what is otherwise allowed, but of different shape, mitigating any impact on the bluff. f: \dept\planning\99files\99var\99-049\re9915pc.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 6. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 7. The contents of Planning Case 99-049 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 deck (as shown in attached Exhibit A); 1. A 35-foot variance to permit an encroachment into the bluff of 10 feet rather than be setback the minimum required 25 feet from the top of bluff. Adopted by the Board of Adjustment on August 9, 1999. Anfu!1! ~ST: ~~ Donald R. Rye, PI f: \dept\planning\99files\99var\99-049\re9915pc.doc 2 If h<<-<..- Size. C,I^I /.'; otJ hLL OJ OJ I --- I o ~ o >- -~ .i7 a:: m (I) ~ ~ :-0 }:!.2 < tt CJ LaJ G: J F= e *..,...-,,"".-..-_.."-:. EXHIBIT A rf) ~ ~ ... o 'b ~ 0 .... 0 i t< tl : ."$/ o 0 ; Cj.... .... .t::: ~ .~ ,!? l.i.. ~ rl : _/ ", . --- - 'F~' / / / / / / / / / 1-- -- / / / L - --- -- -- -- -- ~------1 /.,.( / 0,0 V> c f'.Jl \J^- 0""'-<. . ..... ;1 .' W" ~h e~ lUtr co ~ ~.~ ........ .... ~'-.L ...;.... .:;:.. G:~ ~Q V7 '00' ~l _.:::r - - II ~ lJl cJe:; e~ l!JG: C:fl~ I ~~ WiJ.) C:l.ct <t.<t bl- ..J.9 ASSENT OF APPLICANT File #99-049 As Approved by Resolution #99-73 The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, 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 Resolution. 3. I understand Section 1108.400 of the 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 Reauired. 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 been 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. L:\99FILES\99ADPLA T\99-048\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 ~ . ~ ..... (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 ofthis Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. 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 Resolution. IcJ/;1 !tY1 .~ DATE 15322 Fish Point Road ADDRESS OF PROPERTY /(;7 /~ / ere; DATE , , /1 ~....I liL kl /ct/}v. (/ /,"/j~/i N'c'/t( SIGNATURE,oF OWNERS I d:... ~ SIGNA~ ~WNERS 15314 Fish Point Road ADDRESS OF PROPERTY L:\99FILES\99ADPLA l\99-048\ASSENT.DOC 2 RESOLUTION 99-73 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE VARIANCES AND THE ADMINISTRATIVE SUBDIVISION FOR 15322 AND 15314 FISH POINT ROAD MOTION BY: Schenck SECOND BY: Wuellner WHEREAS the Prior lake City Council considered an application for variances and for administrative subdivision approval for the lot line adjustment of lot 2. Block 1, Maves Second lake Addition and lot 1. Block 1, Maves Second lake Addition except the westerly 25.00 feet thereof. on August 16, 1999; and WHEREAS: The Prior lake Planning Commission considered an application for variances related to the administrative subdivision on July 26. 1999 and recommended the City Council approve the variances; and WHEREAS: notice of the said administrative subdivision and variances has been duly posted in accordance with the applicable Prior lake Ordinances; and WHEREAS: the City Council has reviewed the administrative subdivision and variances according to the applicable provisions of the Prior lake Zoning and Subdivision Ordinances and found said administrative subdivision and variances to be consistent with the provisions of said ordinances. FINDINGS 1. Jeffrey and Jacqueline Daas and Timothy and Kathryn Mannion have applied for a variances from the Zoning Ordinance in order to permit the lot line adjustment between properties on property located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Fish Point Road. legally described as lot 2, Block 1, Maves Second lake Addition, Scott County, MN; and 15314 Fish Point Road, legally described as lot 1, Blod<,1. Maves Second lake Addition, Scott County, MN. except the westerly 25.00 feet thereof. 2. The City Council has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. i6~mPf!1~f~~~~l}$~~\%?~~ilf1~roE.ake, Minnesota 55372-1714 / Ph. (612) 447-4230 f~~ ~612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. 3. Because of conditions on the subject property and on the surrounding property, the proposed variances will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 4. The granting of the variances are necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances will not serve merely as a convenience to the applicants, and are necessary to alleviate demonstrable hardship. 5. The contents of Planning Case 99-049 and 99-048 are hereby entered into and made a part of the public record and the record of decision for this case. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves: 1. An administrative subdivision for the lot line adjustment for lot 2, Block 1, Maves Second lake Addition and lot 1, Block 1, Maves Second lake Addition except the westerly 25.00 feet thereof with the following condition: >- All pertinent documents must be filed with the Scott County Auditor's Office within sixty (60) days of the date of this approval. Copies of the recorded documents must then be submitted to the City as evidence that the administrative land division has been filed. A building permit for the proposed deck will not be issued until proof of recording is submitted to the Planning Department. 2. The following variances related to the administrative subdivision on the property at 15322 Fish Point Road (lot 2, Block 1, Maves Second lake Addition): >- A 5,538 square foot lot area variance to permit lot area of 9,462 square feet rather than the minimum required 15,000 square feet. >- A 6.0-foot variance to permit a side yard setback of 4.0 feet rather than the minimum required setback of 10 feet. 3. The following variances related to the administrative subdivision on the property at 15314 Fish Point Road (lot 1, Block 1, Maves Second lake Addition except the westerly 25.00 feet thereof): : >- A 3,521 square foot lot area variance to permit lot area of 11,479 square feet rather than the minimum required 15,000 square feet. >- A 3.25-foot lot width variance to permit lot width of 86.75 feet at the front yard setback, rather than the minimum required 90 feet. . >- A 10% impervious surface variance to allow impervious surface of 40% rather than the maximum allowed of 30%. r:\counci1\resoluti\planres\99\99-73.doc Page 2 Passed and adopted this 16th day of August, 1999. YES NO Mader X Mader Kedrowski X Kedrowski Petersen X Petersen Schenck X Schenck Wuellner X Wuellner {Seal} r:\counci1\resoluti\planres\99\99-73.doc Page 3 Council Meeting Minutes Auaust16.1999 BOYLES: Briefly reviewed the items on the consent agenda. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE CONSENT AGENDA. VOTE: Ayes by Mader, Kedrowski (except as to Item H), Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM CONSENT AGENDA: NONE. PRESENTATIONS: NONE. cHi Cf\'v PUBLIC HEARINGS. Consider Approval of Resolution 99-73 Approving an Administrative Subdivision for Jeffrey and Jacqueline Daas and Timothy and Kathryn Mannion of Property Located at 15322 Fish Point Road and 15314 Fish Point Road. TOVAR: Briefly reviewed the agenda item in connection with the staff report and advised the Council of the action requested and the Planning Commission recommendation. MADER: Commented that in this circumstance a property survey revealed an encroachment that the neighbors have tried to cooperatively resolve the matter. It appears the variances are reasonable as well. Supports the action. Mayor MADER asked for any input from the audience. DAAS: Advised that he had read and understood the staff report and respectfully requested Council approval. MOTION BY SCHENCK, SECOND BY WUELLNER, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY WUELLNER, TO APPROVE RESOLUTION 99-73 APPROVING AN ADMINISTRATIVE SUBDIVISION FOR JEFFREY AND JACQUELINE DAAS AND TIMOTHY AND KATHRYN MANNION OF PROPERTY LOCATED AT 15322 FISH POINT ROAD AND 15314 FISH POINT ROAD. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. OLD BUSINESS: Consider Approval of Resolution 99-74 Approving Assignment of Cable Television Franchise Rights from Triax Midwest Associates, Inc. to Mediacom LLC. BOYLES: Reviewed the history of the action taken by the Council to this point, as well as the attorney and staff recommendations, and conditions of the Resolution as revised and distributed this evening. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-74 ASSIGNING CABLE TELEVISION FRANCHISE RIGHTS FROM TRIAX MIDWEST ASSOCIATES, INC. TO MEDIACOM LLC. KEDROWSKI: Supports the motion and believes the action is long overdue. Stated that the City must continue to hold Mediacom to upgrading the caliber of the cable system in Prior Lake. 081699.DOC 2 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT AUGUST 16, 1999 7A JENNI TOVAR, PLANNER DON RYE, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION 99-XX APPROVING AN ADMINISTRATIVE SUBDIVISION FOR JEFFREY AND JACQUELINE DAAS AND TIMOTHY AND KATHRYN MANNION ON PROPERTY LOCATED AT 15322 FISH POINT ROAD AND 15314 FISH POINT ROAD History: The Planning Department received a variance application as part of an administrative su.bdivision. The purpose ofthe Administrative Subdivision is to change an existing lot line to obtain clear title on property at 15322 Fish Point Road where an existing structure is located on the common lot line. The house was constructed in 1958. The room addition encroaching on the lot line of the property at 15314 Fish Point Road was constructed some time after the original house, in the 1970's. In order for the City to approve the administrative subdivision, lot area, lot width, impervious surface and side yard setback variances are necessary. Each ofthe lots involved has an existing structure, and all of the variances requested are a result of existing conditions on the lots. The variances requested for the property at 15322 Fish Point Road are: 1. A 5,538 square foot lot area variance to permit lot area of 9,462 square feet rather than the minimum required 15,000 square feet. 2. A 6.0-foot variance to permit a side yard setback of 4.0 feet rather than the minimum required setback of 10 feet. 3. A 35-foot bluff setback variance to permit an encroachment of 10 feet into the bluff, rather then providing the minimum required 25- foot top of bluff setback. Note: this variance is not a result of the 1:\99files\99adplat\99-048\99-048cc.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 administrative subdivision and was approved August 9, 1999 by the Planning Commission. The variances requested at 15314 Fish Point Road are: 1. A 3,521 square foot lot area variance to permit lot area of 11,479 square feet rather than the minimum required 15,000 square feet. 2. A 3.25-foot lot width variance to permit lot width of 86.75 feet at the front yard setback, rather than the minimum required 90 feet. 3. A 10% impervious surface variance to allow impervious surface of 40% rather than the maximum allowed of 30%. Administrative land divisions are approved administratively ifthere are no variances or if there is no written appeal received within 10 days of notification. Notices of the administrative lot division were mailed on July 22, 1999 to property owners adjacent to this site. No written appeals have been received. However, there are variances related to the request; therefore approval by the City Council is required. The City Council has the option of referring such matters to the Planning Commission for a recommendation. Because a bluff setback variance not directly related to the administrative subdivision was also requested, the Planning Commission heard this request on July 26, 1999. The Planning Commission directed staff to prepare a resolution granting the bluff setback variance for adoption on August 9, 1999. As a matter of convenience, the Planning Commission also heard the variance requests related to the administrative subdivision application. The Planning Commission recommended the City Council approve all of the variances related to the administrative subdivision. Current Circumstances: Maves Second Addition was platted in 1955. The property is located within the R-l (Suburban Residential) and the SD (Shoreland Overlay) districts. The lots are riparian and there is a bluff on the site. There are existing structures on both of the lots. The lots are in separate ownership. The Issues: The following are criteria which must be used when considering variance requests: 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 I: \99files\99adplat\99-048\99-048cc.doc Page 2 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 lots were platted in 1955, prior to the adoption of the City's Zoning Ordinance. The lots are existing and the variances to lot area, lot width, and impervious surface cannot be corrected to be conforming on both lots simultaneously. The variance to side yard setback involves an agreeable land sale to correct the encroaching building. These are exceptional conditions to the granting the variance. The variance to the bluff is not a hardship as the applicant can have a deck, of smaller size, 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 and structures in question are peculiar to the property. The encroaching structure is not typical of lots within the City. The bluff on the lot is specific to the property and is found on other lots within the city, but not all lots and not all-riparian lots. 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 lot line adjustment, for clear title, cannot proceed and the encroachment remains. The variance to bluff setback is not necessary to preserve the rights of the property owner, as a deck of smaller size can be constructed on the lot without a variance. 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. Considering the structures are existing the variances requested will not impair the factors listed above. The applicant will be improving the conditions on the property. 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. 1:\99fi1es\99adplat\99-048\99-048cc.doc Page 3 The granting of the variances will not impact the character of the neighborhood as the structures and lots are existing. 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 variances is not contrary to the Comprehensive Plan. The variances related to the administrative subdivision are not contrary to the intent of the ordinance and the lots and structures are existing. The variance to the bluff setback is contrary to the intent of the ordinance, as a legal non-conforming structure will be expanded and extended. 7. The granting ofthe 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, the lot adjustment cannot occur and consequently the title situation cannot be remedied. There exists a demonstrable hardship with respect to the administrative subdivision variances. The variance to the bluff setback serves merely as 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 structures were existing on the lot prior to the adoption of the City's Zoning Ordinance. The variances related to the administrative subdivision are not a result of actions ofthe property owners and hardship is a result ofthe provisions of the ordinance. The variance to the bluff setback is a direct result of the property owner installing a patio door in a location not conducive to a deck meeting the setback requirements. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. There are no financial considerations as a result of this request. The hardship is caused by conditions on the property and not economics. The DNR has no objections to the request. Conclusion: The Planning Commission recommends approval of the variances. Staff also recommends approval of the Administrative Subdivision subject to the following: I: \99fi1es\99adplat\99-048\99-048cc.doc Page 4 FISCAL IMP ACT: AL TERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 1. All pertinent documents must be filed with the Scott County Auditor's Office within sixty (60) days of the date of this approval. Proof of recording must be submitted to the Planning Department prior to issuance of a building permit for the proposed deck. There is no fiscal impact as a result of this proposal. The City Council has the following alternatives: 1. Adopt Resolution 99-XX approving the requested variances and the Administrative Land Division. The attached resolution includes findings of fact related to the variances. 2. Deny Resolution 99-XX. In this case, the Council should direct the staff to prepare a resolution denying this proposal for review and approval as part of the Consent Agenda at the next Council meeting. 3. Defer this item and provide staff with specific direction. Motion and second to adopt Resolution 99-XX approving the administrative subdivision with variances. 1:\99files\99adplat\99-048\99-048cc.doc Page 5 RESOLUTION 99-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE VARIANCES AND THE ADMINISTRATIVE SUBDIVISION FOR 15322 AND 15314 FISH POINT ROAD MOTION BY: SECOND BY: WHEREAS the Prior Lake City Council considered an application for variances and for administrative subdivision approval for the lot line adjustment of Lot 2, Block 1, Maves Second Lake Addition and Lot 1, Block 1, Maves Second Lake Addition except the westerly 25.00 feet thereof, on August 16, 1999; and WHEREAS: The Prior Lake Planning Commission considered an application for variances related to the administrative subdivision on July 26, 1999 and recommended the City Council approve the variances; and WHEREAS: notice of the said administrative subdivision and variances has been duly posted in accordance with the applicable Prior Lake Ordinances; and WHEREAS: the City Council has reviewed the administrative subdivision and variances according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said administrative subdivision and variances to be consistent with the provisions of said ordinances. FINDINGS 1. Jeffrey and Jacqueline Daas and Timothy and Kathryn Mannion have applied for a variances from the Zoning Ordinance in order to permit the lot line adjustment between properties on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Fish Point Road, legally described as Lot 2, Block 1, Maves Second Lake Addition, Scott County, MN; and 15314 Fish Point Road, legally described as Lot 1, Bloc 1, Maves Second Lake Addition, Scott County, MN, except the westerly 25.00 feet thereof. 2. The City Council has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in -.l:\99fIles\99adplat\9~04B\rs99x)\cc.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 the surrounding area and the effect of the proposed variances on the Comprehensive Plan. 3. Because of conditions on the subject property and on the surrounding property, the proposed variances will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 4. The granting of the variances are necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances will not serve merely as a convenience to the applicants, and are necessary to alleviate demonstrable hardship. 5. The contents of Planning Case 99-049 and 99-048 are hereby entered into and made a part of the public record and the record of decision for this case. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves: 1. An administrative subdivision for the lot line adjustment for Lot 2, Block 1, Maves Second Lake Addition and Lot 1, Block 1, Maves Second Lake Addition except the westerly 25.00 feet thereof with the following condition: ~ All pertinent documents must be filed with the Scott County Auditor's Office within sixty (60) days of the date of this approval. Copies ofthe recorded documents must then be submitted to the City as evidence that the administrative land division has been filed. A building permit for the proposed deck will not be issued until proof of recording is submitted to the Planning Department. 2. The following variances related to the administrative subdivision on the property at 15322 Fish Point Road (Lot 2, Block 1, Maves Second Lake Addition): ~ A 5,538 square foot lot area variance to permit lot area of 9,462 square feet rather than the minimum required 15,000 square feet. ~ A 6.0-foot variance to permit a side yard setback of 4.0 feet rather than the minimum required setback of 10 feet. 3. The following variances related to the administrative subdivision on the property at 15314 Fish Point Road (Lot 1, Block 1, Maves Second Lake Addition except the westerly 25.00 feet thereof): : ~ A 3,521 square foot lot area variance to permit lot area of 11,479 square feet rather than the minimum required 15,000 square feet. ~ A 3.25-foot lot width variance to permit lot width of 86.75 feet at the front yard setback, rather than the minimum required 90 feet. I: \99fi1es\99adplat\99-048\rs99xxcc.doc Page 2 ~ A 10% impervious surface variance to allow impervious surface of 40% rather than the maximum allowed of 30%. Passed and adopted this 16th day of August, 1999. YES NO Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner {Seal} City Manager City of Prior Lake . I: \99files\99adplat\99-048\rs99xxcc.doc Page 3 . \ . \ ' \ c B~~ ~ I I ~::.- I ~ ~ ~" I~_, '\ ES\ ~ " Y. I ( " I T, ' ') j MAN 15322 and 15314 Fish Point Road ......... " I LY./ ,,1 "..1 __ - ,l> /"l ~~ 0;\ ---I~'.p~" ,.; - :?-~ J ~ ..:.... 7 . . . I ", :,. L'R"'" ca.' AT' , 'I' I '''~ ,6' . 5 ~ )0'- _ -12 ., M 15 III f1 II i:> " ~'I ,.- .....-:~-ClR ' 0 .' "'," . ~X""" ." 0'. SI-I 4 '7 ,- II 11 12 13 M 15 III -_ 11 It_ 12 ., M 1:11: ~ 3 I 11 MAVES TRL _ ~ - " 2 . .', ~.. . , ., '.J' T Q6J( 1pGE.. - . 7.'\ " \" 3 . , ~"- 2 ~ . -. '. ~;~-: w~~ ~ vO >--:- 2N) - ~'\". .~-:- '\ '~kJ' 'T>~: '~/~~ ~ ~~. ' l--;- ';;"'.....)- ClAYTPl'ljs' ~~ '/. r ~ "!~ . 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OIJ hLG- OJ OJ I --- I o ..q- o )- -~ e7 a: m (I) 15 ~ -.0 ~.g 4( It o L&J G: J F= e EXHIBIT A / / " - - / / " ^ // V V ""( "'- "'- " - '<.9~ .9~" " rf) ~ ~ .... o ~ ii 0 .... 0 i Q: (J oS ;:/ .... ...... o 0 ~ r ~ .1..... ~ ~- (J ...... ,!;! Li. ~ r I. __ .- _.' . ~ ...... 'f~J / / / / / / / / / 1---_ / / / L -- --- -- --- --- -----..----1 titt ~~ '0 G" ~r _.::::r - - 1/ \J" lJl c.Jc} I2~ wti C!2~ d:<it gj\ll <t~ bl- ..J-S J t ----~ .- ......... ""'..." .&..;..('1J.~_._.._-----_._--- l{fl 002 i: .....~ CITY OF PRIOR LAKE .' Impervious Surface Calculations (To be Submitted with Building Permit Application) F or All Properties Located in the Shore land District (SD). The 1vfaximum Impervious Surface Coverage Permitted in 30 Percent. Property Address I.)]' 2"2.. {:: \ ~ f+- ~ I NT J21) A-D Lot Area C), 0 (, 5' Sq. Feet x 30% = .............. ~l 07, S ************************************************************************ LENGTH WIDTH x x x = SQ. FEET () lb HOUSE = ATI'ACHED GARAGE = TOTAL PRINCIPLE STRUCTURE...................... J) ) h DETACHED BLDGS (Garage/Shed) --.. 4s8 x x DRIVEWAYIPAVED AREAS (Driveway-paved or not) (Sidewalk/Parking Areas) x x x = TOTAL P A YED AREAS._........._............._......... 9 ) ""J PA TIOS/PORCHES/DECKS (Open Decks '1.~ min. opening betWeen boards. with a pervious sumcc below. arc noc considered to be impervious) x X = = x = TOTAL DECKS..._......___._.._..._.._.. , ~ ~ OTHER x x = = TOTAL OTEER......_...____...._......__.... TOTAL IlVIPERVIOUS SURFACE I 24Bl I 22/),5 Date "29 ::rUN ) 93t Phone # gG)) 3] S' ( . ~OVER Prepared By Q;>>i-t (f2,.,~r ) Company gQNI1JI 6.N 6JfJGfQ)!\J~ ,"/ /' ,'/#' .ff c, CITY OF PRlOR LAKE Impervious Surface Calculations (To be Submitted with Building Pennit Application) For All Properties Located in the Shore land District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address IS3i:i. +=")~~ PDJNT 12.0AD (~E5IDl= 'Dtl'Pr$) Lot Area )L Yl'7 (A-BDVf 904) Sq. Feet x )0% = .............. "]443 ,/ **********************************************""******""""*""*""""****""**""**"""" LENGTH WIDTH SQ. FEET =v HOUSE $ 'G:1H21rtb- x x x = ATI ACHED GARAGE =v TOTAL PRlNCIPLE STRUCTURE.........._.._.... C 3 b ) ""' DETACHED BLDGS (Garage/Shed) x x TOTAL DETACHED BUILDINGS..._......_......- 0 "\ ~ ) 1 -+- )"4-'1 x = _ 7'+2 DQ ,\}f;l,cJ,4y . = ) 36! C.O>>L. !A!:~Ij~;' t 9Jr/"lo DRIVEW A YIP }~,.VED AREAS x . _(Driveway-paved ;:rnot) .' (Sidewalk/Parking Areas) ;...........M.-'. X = ''';''.'1.: TOTAL P A YED AREAS.._.........__...................... '2.. r 04 P A TIOS/PORCHESIDECKS x x. = (Open Decks \1," min. opening between boards. with a. pervious surface below. are not considered to be impervious) :::: x = TOTAL DECKS..._......--.--.--....-...-.-.. 120 x X = OTHER = TOT.AL OTHER..-..-........-......-.....--...-----.... TOTAL IMPERVIOUS SURFACE UNDER(QVEK) Prepared By ~r; ~~_. _if Date Company 8 RJ+N OT Sri ~I N GGf2J Nt 1 Phone # ~!) )? VGY I )J?- I 4-:)~ I 1) 41,< \ '( -::sv ~ \ ~'1q. /,)? C)C)) "$35'6 :< '" ..~ . Planning Case File No. 1'7 - 6 Lf9... Rn/ 1AA. _ Property Identification No. ~L City of Prior Lake '1'1-0Yez .- liAR. LAND USE APPLICATION 16200 Eagle Creek Avenue S.E./ Prior Lake; Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: Brief description of proposed project (attach additional o Rezoning, from (present zoning) sheets/narrative if desired) to (proposed zoning) see attached o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land l2iAdministrative Subdivision o Conditional Use Permit ~ Variance Applicable Ordinance Section(s): o Other: Applicant(s): Address: Home Phone: Jeffrey S. Daas and JacqJ.le1ine M. Daas 15322 Fish Point Road 440-1955 Work Phone: 995-8372 Property Owner(s) [If different from Applicants]: Address: Home Phone: Type of Ownership: Work Phone: Fee ~ Contract for Deed _ Purchase Agreement Legal Description of Property (Attach a copy if there is not enough space on this sheet): see attached 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 sections of the Prior Lake Ordinance and procedural guidelines, and understand that applications will not be processed until deem complete by the Planning Director or assignee. 7/2 (111 Date -, !2-(91 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 Attachment to Application of Jeffrey and Jaqueline Daas for Variance and Administrative Subdivision 1. Brief description of proposed proiect. Jeffrey and Jaqueline Daas, owners of 15322 Fish Point Road seek to resolve a boundary problem and related matters that have arisen with their neighbors Timothy and Kathryn Mannion, owners of 15314 Fish Point Road. Additionally, the Daases are seeking a variance to build a deck. The boundary problem arose when it was discovered that a fence owned and maintained by the Daases and a retaining wall at the shoreline of Prior Lake encroach onto the Mannions property. In order to resolve the matter short of litigation, it has been agreed that the Mannions will convey to the Daases a portion of the Mannion property consisting of some 437 square feet. This conveyance will establish a new common boundary between the two properties. The Mannions will also convey to the Daases an easement for maintaining the Daases fence and to keep and maintain the retaining wall. The boundary line adjustment requires an administrative subdivision. A variance is required due to setback requirements on both lots. A survey showing the proposed new boundary and containing other relevant information required by the City of Prior Lake is on file with the City. 2. Legal Descriptions. 1. Existing Legal Descriptions: Daas: Lot 2, Bock 1, MAVES SECOND LAKE ADDITION, Scott County, Minnesota. Mannions: Lot 1, Block 1, MAVES SECOND LAKE ADDITION, Scott County, Minnesota, except the westerly 25.00 feet thereof. 2. Proposed Legal descriptions: Daas: Lot 2, Block 1, MAVES SECOND LAKE ADDITION, Scott County, Minnesota. ALSO, that part of Lot 1, Block 1, MAYES SECOND LAKE ADDITION, Scott County, Minnesota, described as follows: Beginning at the northeast comer of said Lot 1, Block 1; Thence S16027'40"W (the easterly line of said Lot 1, Block 1, has an assumed bearing ofS90032'- 3 "W) a distance of 43.34 feet, thence S 12056'46"W a distance of28.30 feet; thence S00039'18"W a distance of 44.77 feet to the southeast comer of said Lot 1, Block 1, and there terminating. Page 1 of 2 Mannions: Lot 1, Block 1, MAVES SECOND LAKE ADDITION, Scott County, Minnesota, except the westerly 25.00 feet thereof. ALSO, excepting that part of Lot 1, Block 1, MAVES SECOND LAKE ADDITION, Scott County, Minnesota, descn"bed as follows: Beginning at the northeast comer of said Lot 1, Block 1; Thence S16027'40"W (the easterly line of said Lot 1, Block 1, has an assumed bearing ofS90032'-3''W) a distance of 43.34 feet; thence S12056'46"W a distance of28.30 feet; thence south Ooo39'18"W a distance of 44.77 feet to the southeast comer of said Lot 1, Block 1, and there terminating. 3. Hardship. The boundary line adjustment merely seeks to conform the common boundary between the two parcels to that which was thought to exist for many years. If the subdivision request is not granted, the parties will be deprived of the natural and longstanding boundary which has been mutually observed by the Daases and the Mannions. Further, if the agreement between the two parties cannot be implemented they may have to resort to litigation requesting a court ordered boundary determination, and damages. Page 2 of 2 I . '. Consent to Application for Administrative Subdivision and Variance n. I 3 1999 We, the undersigned owners of 15314 Fish Point Road, in Prior Lake, Minnesota, hereby state that we have read and understood the Application for Administrative Subdivision and Variance, including the attachments thereto, filed by our neighbors Jeffrey and Jaqueline Daas, owners of 15322 Fish Point Road. We understand that the effect of granting the Application will be to approve the adjustment of our common boundary line as shown in the survey of Brandt Engineering which has been filed with the City. Granting the Application will also allow us to implement the agreement that we have entered into with the Daases concerning the boundary line, easements for fence and retaining wall maintenance, and the payment of certain sums of money. We hereby we join and consent to said Application, and request that said Application be granted. ot,~4~:J Timothy 1. 'on ~JeJ{)~;; t A. M on /j!q / tf Ll dated: . I dated: 1 /5/91 Commissioner V onhof read the procedures for the public hearing. =-~ A. 7 Case File #99-049 Jeffrey and Jacqueline Daas are requesting the following variances for the property located at 15322 Fish Point Road: Lot area, side yard setback, lot width, bluff setback and impervious surface. Planner Jenni Tovar presented the Planning Report dated July 26, 1999 on office of the City Planner. The Planning Department received a variance application as part subdivision to change an existing lot line to obtain clear title on Point Road where an existing structure is located on the co constructed in 1958. The room addition encroaching th Fish Point Road) was constructed some time after the 1970's. In order for the City to approve the adminj."" area, lot width, impervious surface and side yard setbac lots involved has existing structures upon them, and all bu requested is a result of existing condition n the lots. Staff felt all of the variance hardship crite . and r ended approval of the lot area, lot width, impervious surface, ~ s ,. variances as part of an administrative subdivision. St. ~commen~urenial of variance to bluff setback because the proposed dec . eet the h1.Wship criteria. Th~fiblic hearing was Comm t~~, ~~\ _,Ji' '0):;c:r;~t;:,tH 01, explained their deck proposal. The . ons to the proposal. They are trying to improve the ed at 6:45 p.m. Kuykendall: · The admini ve changes seem reasonable and acceptable. · The bluff issue is being addressed. There is no further encroachment. · Not unreasonable at this point. Criego: · Agreed with Kuykendall. This could be a basis for safety with the sliding glass doors. · The structure is not going any closer to the 904 OHW than the original structure. · The administrative subdivision is fine. f:\dept\planning\99files\99plcomm\pcmin\mn072699.doc 2 . . Cramer: · Concur with administrative changes. · Can support the bluff setback from a safety perspective. There is no more encroachment. But having a hard time determining the hardship for a variance. V onhof: · Concur with Commissioners. The hardship criteria has been met. · The existing structure has no further encroachment. · The door exists are for safety. Open Discussion: Kuykendall felt the applicant mitigated any negative im space over the porch. Vote taken signified ayes by all. MOTIO MOTION BY CRIEGO, SEC PREPARE A RESOLUTI ENCROACHMENT "THE REQUIRED SETB ALL, DIRECT STAFF TO OOT VARIANCE TO PERMIT AN RATHER THAN THE OM THE TOP OF BLUFF. TheA before City Council on August 16, 1999. .ance to the blu'back will go before the Planning Commission for their final August 9, 1 B. Ca :;l~s #92~7, 038 and 039 Wensmann Realty is requesting a zone chang'''' . ional use permit and preliminary plat for the project to be known lynwater 2nd Addition located at west of Fremont Avenue and the soutll side of County Road 82. Planner Jenni Tovar presented the Planning Report dated July 26, 1999, on file in the office of the City Planner. Wensmann Realty has applied for a Zone Change, a Conditional Use Permit and a Preliminary Plat for the property located on the south side of CSAH 82, just west of Fremont Avenue, south of the entrance to The Wilds, and directly west of Glynwater 1st f:\dept\planning\99fi1es\99plcomm\pcmin\mn072699.doc 3 ....,. .- ,~. ...."...",. ..,......--.'. , '_,'",- .,.._',...' ~......,..","_,__.""........,.... ~.."":;'-i.',, c...;., ',,' ...,. I i i f l l . r October 12, 1999 Jeff Daas 15322 Fish Point Road Prior Lake, MN 55372 RE: Assent Forms Dear Jeff, Enclosed is a correct Assent Form for Resolution 99-73. The address of the Mannion's has been corrected along with the resolution number. The Assent Form for Resolution 99-15PC (for the deck) is correct as originally sent to you. Let me know if you have any questions. l~erelY, . t ~y /!IlIt1A 'J~ -Tovar Planner j~ Enclosure 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -- August 19, 1999 Jeff and Jackie Daas 15322 Fish Point Road Prior Lake, MN 55372 RE: Administrative Land Subdivision (File #99-048) Dear Jeff and Jackie: This letter is to inform you that your application to adjust the lot line between you and the property owners at 15314 Fish Point Road has been approved. In order to implement this administrative land division, all pertinent documents must be filed with the Scott County Auditor's Office within sixty (60) days of the date of this approval letter. Scott County requires all deeds creating new parcels or altering legal descriptions be approved by the City before they will be accepted for recording. Please submit the original deeds to this office and we will issue the necessary approvals. Copies of the recorded documents must then be submitted to the City as evidence that the administrative land division has been filed. In addition, because variances are involved, the resolution must be recorded. Enclosed is a copy for recording along with a copy for your records. The resolution is to be recorded at the Scott County Recorder's Office. A building permit for the deck will not be issued until proof of recording has been submitted to the Planning Department. Also required is an Assent Form to be signed by you and the Mannion's and returned to the Planning Department. This does not need to be recorded and is your acknowledgement of the conditions of the variance. As you have requested, I have enclosed a copy of the resolution nullifying the previously required Bluff Indemnification Agreement. If you have questions regarding this matter, contact me at 447-9813. 11~: . jn'W} Wrtovar Planner Cc: Timothy and Kathryn Mannion, 15314 Fish Point Road, Prior Lake, MN 55372 Enclosures f:\dept\Q1anning\99files\99aqplat\99-048\99-048al.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER filE COPl August 16, 1999 Jeff and Jackie Daas 15322 Fish Point Road Prior Lake, MN 55372 RE: Recording of Approved Variance and Assent Form Dear Jeff and Jackie: The purpose of thisletter is to advise you Resolution 99-15PC approving a variance on property located at 15322 Fish Point Road must be recorded. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance 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 is a certified copy of the original to be recorded at the Scott County Recorder's Office. Also included is a copy for your records. The other copy is to be stamped as recorded by the Recorder's 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 aboutthis matter, please contact me at 447-4230. Sincerely, JfVWl f:\dept\Qlanning\99files\99var\99-049\recdlet.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HOESCHLER & BEISEL LLP ATTORNEYS Bradley N. Beisel (612) 305-1446 Fax (612) 305-1419 bbeisel@ao1.com 1400 AT&T Tower 901 Marquette Avenue Minneapolis, MN 55402-2859 October 8, 1999 City of Prior Lake Attn: Ms. Jeni Tovar 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372-1714 RE: Property at 15322 and 15314 Fish Point Road Prior Lake, Minnesota Our File No.: 6438-98CW Dear Ms. Tovar: Enclosed as we discussed is the original Quitclaim Deed from Mannions to Daas. Please endorse it give it back to the messenger so that it can be recorded. Thank you. BNB/lh enclosure cc: Mr. and Mrs. Daas .N.. QUIT CLAIM DEED IndividuaI(s) to IndividuaI(s) No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: October 7 , 1999 Form No. 27-M Miller-Davis Lewd Forms Minnesota Unifonn Conveyancing BlankS (1978) (reserved for recording data) FOR VALUABLE CONSIDERATION, Timothy J. Mannion and Kathryn A. Mannion, husband and wife, Grantors, hereby convey and quitclaim to Jeffrey S. Daas and Jacqueline M. Daas, as joint tenants Grantees, real property in Scott County, Minnesota, described as follows: That part of Lot 1, Block 1, MAVES SECOND LAKE ADDITION, Scott County, Minnesota, lying easterly ofa line described as follows: Beginning at the northeast corner of said Lot 1, Block 1; Thence SI6027'40"W (the easterly line of said Lot 1, Block 1, has an assumed bearing of S09032'03"W) a distance of 43.34 feet, thence S12056'46"W a distance of28.30 feet; thence S 00039'18''W a distance of 44.77 feet to a point on the easterly line of said Lot 1, Block 1 which is 5 feet northerly of the southeast corner thereof and there terminating. together with all hereditaments and appurtenances belonging thereto. The Grantors hereby certifies that they knows of no wells on the above described property. -- ( l/le Cc.?? Sloler~rt~,., -(br !h,S clet>oI /r lerr fA~.v. Jt ~ "t'l qjOO.OO Affix Deed Tax Stamp Here STATE OF MINNESOTA }$' ~~ }j~,~ Timothy J. ~n 0- C.... , ..' If Cfjif.x~~ a . lh~ Ka hryn A. Mannion COUNTY OF ~c...a\\ The foregoing instrument was acknowledged before me this 1'""'day of, CJOOW- 19 22, by Timothy J. Mannion and Kathryn A. Mannion, hnsband and wife, G,"ntors~ . NOTARiAl. STAMP OR SEAL (OR 011lER Tm>E OR RANK) e JAMES D. BATES NOrARY PU8lJC.MINNesorA DAKC1&' COUNTY My Comm. Exp. .Ian 31. 2000 nIlS INSIRUMENT WAS DRAFrED BY (NMffi AND ADDRESS) Bradley N. Besie1 SCHOLLE,. BEISEL & Metcalf, LTD. 1400 AT&T Tower 901 Marquette Ave. Minneapolis, MN 55402 SIGNA'l1JRE OF PERSON TAKING ACKNOWLEOGMENf Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): cA~~~i~]JY~ah{t'm~~lSl~~ -QLi? 15322 FIsh Pomt Road SE ThlSi~atf6n ~nlplies with the provisions of Section 6-1-3 of the City Code of Prior Lake Minnesota, and is hereby approved by the CIty oi Prior lake BY:~~~ Date: IO-Jl-7'1 ity of Prior Lake Planning Department ..":..- '.. P.02 Oct-07-99 08:41A AGREEMENT ESTABLISHING EASEM.ENTS This Agreement is entered into by and between Jeffrey S. Daas and Jacqueline M. Daas, husband and wiLe (hereinafter "Dews's"), and Timothy J. Mannion and Kathryn A Mannion. husband and wife (hereinafter "MwUlluns") on the dale set lorth below. WHEREAS, Daas's are the owners of real properlY located in Scott County, Minnesota upon which is located a house and related improvements, commonly known as 15322 Fish Point Road, and legally described as: Lot 2, Block 1, MAYES SECOND LAKE ADDITION, Scott County, Minnesota. ALSO, That part of Lot 1, Block 1 ~ MAVES SECOND LAKE ADDITION, Scott County, Minnesota. lying easterly of a line described as follows: Beginning at the northeast comer of said Lot 1, 13lock 1; thence S16"27'40"W (the easterly line ufsaid Lot 1, Block I, has anassurned bearing ofS09032'03"W) a distance of43.34 feet. thence S120S6'46"W a distance of28.30 feet; thence S Oou39'18"W a distance of 44.77 feet to a point on the easterly line of said Lot 1, Block 1 which is 5 feet northerly of the southeast corner thereof and there terminating. (Hereinafter .'Daas Parcer~) and, WHEREAS, Mannion... are owners of real property located in Scott County. Minnesota upon which is locat.ed a house and related irllprovemcnts, cOIIllTlOnly knoWl1 as 15314 Fish Poinl Road. and legally described as: Lot 1, Block 1 , MAVES SECOND LAKE ADDITION, Scott CounlY, Minnesota, except the westerly 25.00 feet thereof 1 ,'.. P.03 Oct-07-99 OB:41A AI $0, excepting That part of Lot 1. Block 1. MAVES SECOND LAKE ADD1110N, Scott County, Minnesota, lying easterly of a line described as fi)llows: Beginning at the northeast corner of said Lot I, Block 1; thenctl SI6"27'40"W (the easterly line of said Lot 1, Block I, has an assumed bearing ofS09032'03"W) a distance of 43.34 feet" thence SI2"56'46"W a distance of28.30 feet; thence S OOo39'18"W a distance of44.771cet to a point on the easterly line of said Lot 1, Block 1 which is 5 fect northerly of the southeast corner thereof and there terminating. (Hereinafter the "Mannion Parcel") and; WHEREAS, the Daas Parcel and the Mannion Parcel share a corrnnon boundary which is the most westerly boundary of the Daas Parcel and the and the most easterly boundary of the Mannion PID"cel~ and, WHEREAS, a wooden fence owned by the Oaasls lies along a portion of said common bo undary; and, WHEREAS, a wooden retaining wall owned by the Daas's encroaches onto the Mannion Parcel: and, WHEREAS, the parties hereto dcsire to create casements over portions of the Mannion Parcel in Il1vor of the Daas Parcel, lor the purpose of allowing Dails's to repair and maintain the wooden fence, and for the purpose of maintaining the wooden retaining wall in its present location,. all as hereinafter set' forth, NOW THEREFORE, in exchange for the promises and covenants set fbrth herein. and for other good and valuable consideration, the mutual receipt and sufficiency ~lr which is hereby acknowledged by both parties. it is hereby agreed by the parties herelO as fuUows: .Fence Maintenance and Repair Easement l. Mannions hereby grant and convey to Daas's an easement over and aeross thal.portion of the Mannion Parcel which lies 5 feet westerly of a line described as follows: Beginning at the northeast comer of said Lot 1, Block 1; thence S16"27'40"W (the easterly line of said Loll, Block 1, has an assumed bearing of S09"32'03 "W) a distance of 43.34 feet; thence S12"56'46"W a distance of 10.66 feet and there terminating. (hereinafter ..the Fence Easem~nt Parcel"). 2 ,._:~ P.04 'Oct-07-99 08: 41A 2. Daas's may enter onlO the Fence Easement Parcel for the purposes ofm..1.intaining, repairing a.nd replacing the wooden fence presently located along the common lxnmdary line. 3. Daa..<.;'s agree that they willrcstore any damage or disturbance to the Mannion Parcel created by the use of this easement to the reasonable satisfaction ofMannion.s. 4. This Fence Maintenance and Repair Easement is perpetual. Retaining Wall Easement. 5. MannioIlS hereby grant and convey to Daat;;'s an easement over and acroSS that portion of the MannionParce1 which lies 5 feet westerly ora line described as follows: Commencing at the northeast corner of said Loll, Block 1; thence S16027'40"W (the easterly line of said Lot 1. Block 1, has an w;sumed bearing ofS09"32'03"W) a distance of 43.34 feet~ thence S 12 "'56t46"W a distance of28.30 feet; thence south' 00" 39'lS"W a distance of 19.77 feet to the point of beginning of the line to be described; thence south S OOo39'18"W a distance of 25.00 feet to a point on the easterly line or said Lot 1, Block 1 which is 5 feet northerly ofLhe southeast corner thereof and there terminating. "the Retaining Wall Easement Parcel"). 6. Daa..;:'s may maintain their retaining wall in the Retaining Wall Easement Parcel during the term of this Retaining Wall Easement. 7. Thic; Retaining Wall.EasemaIt shall terminate al such time as the retaining wall is sub.o;tantially destToyed or rebuilt, or five years from lhe date hereof, whichever shall first uccur. 8. The burdens and benefits of both the Retaining Wall Easement Fence Maintena.nce and Repair Easemenl shall ron with the land, and the terms and conditions therein shall be binding un the successors and assigns of both parties herein.. IN WITNESS WHEREOF, the parties hereto have set their hand~on the dates set forth below. dated: \ \;J -1-: \ l\ da.ted: 10/ ~ , - dated: /~jt/tjtJ dated:, \0-"1- '\~ 3 .+ .' ., Oct-07-99 OB:41A P.05 ACKNOWLEDGMENTS STA TE OF MlNNESOT A) ) ss. COUNTY OF '::(..~~ ) The foregoing Agr=Dent Establishing Easements was ""knowledged before me this ~ 4- day of ~~_, 1999, by Jefficy S. Daas and Jacque~ Notary Public STATE OF MTNNESOTA) ) 55. COUNTY OF SLc::i\\ ) e JAMESD. BATES · NOrARY PUBLIC JIlINNESOrA · DAKOfA COUNTY . My Comm. &p.... 31. 2000 The foregoing Agreement Establishing Easemenls was acknowledged before me this 1 ~ day OfO~~l > 1999. by Timothy J. Mannion and Kathryn A. Mannion. husband and wife ~~ Notary Public Drafted by: Bradley N. Beisel HOESCHLER & BEISEL, LLP 1400 AT&T Tower 901 Marquette Ave So. Mioneapolis. MN 55402 e JAMES D. BATES NOrARY PUBLIC M1NNI8O'l' DAKOfA COUNIY My Comm. &p.'" 31. 2000 4 ( .. CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: JEFF AND JACKIE DAAS 99-048 An application for an administrative subdivision with variances. The lot line will be adjusted to remove an encroaching structure on the common lot line. APPLICANT: Jeff and Jacqueline Daas Timothy and Kathryn Mannion PROJECT ARCHITECT: CONTACT PERSON: Jeff Daas SITE INFORMATION PID#: 25-048-001-0 & 25-048-003-0 LOCATION: 15322 & 15314 Fish Point Road EXISTING ZONING: R-1 Low Density Residential & SD Shoreland.District COMPREHENSIVE PLAN: R-LMD Residential Low-Medium Density PROJECT REQUEST: Administrative Subdivision to adjust lot line to correct the encroachment of an existing structure. Variances required are lot area, lot width, side yard setback, impervious surface and top of bluff for proposed deck. I DISTRIBUTE TO: 101 APPLICATION FOR: I X Frank Boyles X Greg IIkka X 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 7/2/99 Date Distributed 7/22/99 Date Due 8/2/99 Complete Application Date Distributed to 7/22/99 DRC Meeting N/a Date DRC Publication Date 7/10/99 Tentative PC Date 7/26/99 Tentative CC 8/16/99 Date 60 Day Review Date Review Extension L:\99FILES\99ADPLA T\99-048\REFERRAL.doc Page 1 , have reviewed the attached proposed administrative subdivision application for Jeff Daas (99-048) 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 Buildina Code Erosion Control )l' Other 'TE.L~ ~,t\'J.~ti:)~::/::::L;~~10:":i:,~.~~ry1en:~~~i~n: . ~ Approval Comments: Denial Conditional Approval . "'," . . .".. ", . .~. t"\O "...~ 'bLe.~~ " . . . .,. , , ".. ... '/2 tt · . scC) ..... .i:~.rl:ce. .... .' .'T:~.~E'PHPN'E:..~COM'PANY" .. . .f. ", ," "Serving MiMIIsot4jor oVllr 50 years. .. 4690 Cda'a<b SUeet S.E. Prior l..S<e. Mimesda 55372 TeIephaJe: (e1~ 447.375/3 DII'IICl DIal: (812) 226-7064 Mobile: (612) 91 9-5887 Fax: (612) 22.&3758 Don Barlage OSP Engineering & Design Signed: ~~~ .Date: J-'L.b-.Cf'l Please. return any comments' by Auaust 2. 1999 ,to JennJ 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\99ADPLAn9~48\REFERRAL.doc Page 2 ~ I have reviewed the attached proposed administrative subdivision application for Jeff Daas (99-048) 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: -X- Approval Denial Conditional Approval Comments: Signed: t-~~L Date: 7/2.3 \ '9 ~ Please return any comments by August 2. 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\99ADPLA T\99-048\REFERRAL.doc Page 2 I have reviewed the attached proposed administrative subdivision application for Jeff Daas (99-048) for the following: V"" Water City Code V' Grading V Sewer ./ Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy v' Septic System Gas Building Code .......... Erosion Control Other Recommendation: V" Approval Denial Conditional Approval Signed: j/~=lf:~17 OaW: ./ . " ,_ n If ~ M~~tJ Please return any comments by AUQust 2. 1999 ,to ~/t1 1(50/9 )> 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\99ADPLA n99-048\REFERRAL.doc Page 2 l '" I have reviewed the attached proposed administrative subdivision application for Jeff Daas (99-048) 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 'K Gas Building Code Erosion Control Other Recommendation: -y::. Approval Comments: Denial Conditional Approval Signed: Jj::.: ILE-r- Date: 7 - ~- 9)' Please return any comments by August 2. 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\99ADPLA T\99-048\REFERRAL.doc Page 2 NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION July 22, 1999 The Prior Lake Planning Department has received an application from Jeffrey and Jacqueline Daas and Timothy and Kathryn Mannion to consider an Administrative Land Division for the property at 15322 Fish Point Road, legally described as Lot 2, Block 1, Maves Second Lake Addition, Scott County, MN and 15314 Fish Point Road, legally described as Lot 1, Block 1, Maves Second Lake Addition, Scott County, MN. The proposal is to adjust the common lot line to eliminate an existing structure being located on the common lot line. Variances are being requested, and separate variance notices have previously been mailed. The Planning Commission will consider variances on July 26, 1999. Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the City Manager or representative to authorize subdivision approval without a public hearing under the following circumstances: 1. The division of the parcel will not result in more than three parcels. 2. The property to be subdivided is a lot of record in the office of the County Recorder of Scott County. 3. The resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. 4. The division will not cause any structure to be in violation of setbacks. 5. Any easements which may be required by the City must be granted. 6. The owners of the land contiguous to the parcel must be notified in writing, and no written obiection received within ten davs followinJ! notification. 7. Any written objection shall constitute an appeal. Such an objection shall be forwarded to the City Council who shall hear the objection and decide the matter. Please accept this as official notification of this proposed Administrative Plat. Written comments or objections regarding this matter should be submitted to the Planning Department by August 2, 1999. Because variances are a part of the request, the City Council will consider this request with variances on August 16, 1999. For more information, contact the Planning Department at 447-4230. Prepared this 22nd day of July, 1999, by: Jenni Tovar, Planner City of Prior Lake Planning Department \\fs 1 \sys\dept\planning\99files\99adplat\99-048\99-048pn.doc 16200 Eagle CreeK Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ""';";'-.......:0,0;( '-. . . ~ . - .' - .:..~~ . , ."',.' ~",~,'..;':""'...,....~,~"';;~~.;'.,..(';'..,,,.~~...-":""__.,,, ,~,.-,._.__......:.-._,.,.....,,.;",,,,,-,,,,,>,...........-...~.,",.--.,,,., ~''''-.-''--.'. -~ -.-,...- . I l NOTICE OF HEARING TO CONSIDER THE FOLLOWING: LOT AREA VARIANCES. THE MINIMUM REQUIRED LOT AREA IS 15,000 SQUARE FEET; AND SIDE YARD SETBACK VARIANCE. THE MINIMUM REQURIED IS 15 FEET COMBINED SIDEYARD SETBACK WITH MINIMUM SETBACK OF 5 FEET FOR SUBSTANDARD LOT; AND LOT WIDTH VARIANCE. THE MINIMUM REQUIRED IS 90 FEET AT THE FRONT YARD SETBACK; AND BLUFF SETBACK VARIANCE. MINIMUM SETBACK IS 25 FEET OR WHERE THE SLOPE BECOMES LESS THAN 18%; AND IMPERVIOUS SURFACE VARIANCE. MAXIMUM ALLOWED IS 30%; AS PART OF AN ADMINISTRATIVE SUBDMSION TO CORRECT A STRUCTURE LOCATED OVER AN EXISTING LOT LINE AND ALLOW THE CONSTRUCTION OF A FUTURE DECK ON PROPERTY LOCATED IN THE R-l (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 15322 AND 15314 FISH POINT 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 26, 1999, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Jeffery and Jacqueline Daas 15322 Fish Point Road Prior Lake, MN 55372 Timothy and Kathryn Mannion 15314 Fish Point Road Prior Lake, MN 55372 SUBJECT SITE: 15322 Fish Point Road, legally described as Lot 2, Block 1, Maves Second Lake Addition, Scott County, MN; and 15314 Fish Point Road, legally described as Lot 1, Block 1, Maves Second Lake Addition, Scott County, MN. L:\99FILES\99V AR\99-049\99-049PN.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 ". .. - ,.' -' " ~ ,. ... . ._",.,_.."",~...",_~.................,;;..~~.~.,~"".'_.,~_::';~'__""" _.,..,~,,,,~",,..~,_,....~.'_~~,;.,;;,~c.;_',~''':''''';''~;:,,__.,. '. :.:...,_'._,.........._.........,,~~,..._~._----_._------_.._- REQUEST: The applicant is intending to adjust the common lot line between the two lots to eliminate an existing non-conforming structure located over the lot line. The variances are necessary as part of the administrative subdivision required. The applicant is also requesting to construct a deck at 15322 Fish Point Road within the required bluff setback. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the above-listed criteria. Prepared this 7th day of July, 1999. Jenni Tovar, Planner City of Prior Lake To be published in the Prior Lake American on July 10, 1999. L:\99FILES\99V AR\99-049\99-049PN .DOC 2 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF scan ) )ss STATE OF MINNESOTA) ~ttr? of the City of Prior ~SCOtl, State of Minnesota, being duly swom, says on the ~ day of \999. she served the ~s. t 'lftJ!!J!!' to bave an interest in the .. t> 6lJ..ILL.. , by maIling to them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of , 1999. NOTARY PUBLIC MAILAFFD.DOC PAGB r--- I --- --- --- --- --- r-r --- 21 Q --- --- ~ 7 :J=>~ rJ / i'O;v Vl ~m - / :p / ~ro ----j ~m ~ / f::)ro .J \T"'l ~ " 9\ - - .c~ ::>\ .J_ cotl ....p 0..... 6'~ I r- , , ~~ ---1 9<.>< '4{. S<. eO~ 'S"<~.(9,J 0 <S"i",. tJ;, 'Y Ot) CJJ / / / / "- ---r6' ,,6'.>. . "- "- "- ^^ ^ // V "- // "- / / / !({) ~ Q;' ::!J! ~ ~ -8 "'0 :, o ? /~. ; () ::0 !J o - o !/ Q. 0 ..... ~ ~ '17:/ fVO y/ f, , 7215 'Jihj a ::I Co. :!J rTI ~ ~-~ J:J~ ,.. '!fI ~ ~ ! :u ~ -< o ~ o I ~ I to lO ~. ". . ':"-'_~-' :~~.._",-,..,____v~~_.,. ....-.r:.~._".. .~..,..,.....- .-. . ......_._...._ '-.._'C__'~"_:_ "-'-"'_~ James & Elizabeth Watkins 5775 Wayzata Blvd, #700 St. Louis Park, MN 55416 Mattie 1. Meagher 15306 Fish Point Road SE Prior Lake, MN 55372 Je ey S. & JacqU-~ 5322 Fish Point Road SE J 'or Lake, MN 55372 / Peep Raid 15354 Fish Point Road SE Prior Lake, MN 55372 Glen M. & Lisa A Sass 15220 Forest Circle S. Prior Lake, MN 55372 :'~"<tDa.niel 1. & Lynae lHershey 15325 Fish Point Road SE Prior Lake, MN 55372 Robert E. & Loretta Malz 15235 Blue Darn Circle SE Prior Lake, MN 55372 James D. & Verna E. Erickson 15270 Fairlawn Shores Trail S. Prior Lake, MN 55372 Stephen & Michelle Delarosby 5595 Forest Court Prior Lake MN 55372 Marvin & Dorothy Gilbert 15255 Forest Court Prior Lake MN 55372 blJp- .P" rP' ,P' ."J' oJ' ..- .,- ....., ....., ....., ....., ....., ..... ..... Marlis M. Bluedorn 15290 Fish Point Road SE Prior Lake, MN 55372 _. ~-~.-~~'--"---::-;.,-;- ---I /,r /' 'Kathryn'A. Mannion 15314 Fish Point Road S Prior Lake, MN 55372 Arno tukk 501 North Oak Street, # 7 Chaska, MN 55318-2029) --~----,/ Craig E. Miner P.O. Box 366 Prior Lake, MN 55372-0366 Gwen A. Halvorson 15315 Fish Point Road SE Prior Lake, MN 55372 Steven 1\1.. '-~~ MelL.'"lda M. BroOi'rt . J 5234 Forest Circle SE Prior Lake, MNN 55372 Christine R. Harris 15229 Blue Darn Circle SE Prior Lake, MN 55372 Craig Vogt 15200 Forest Circle Prior Lake MN 55372 Daniel & Erin Edwards 5615 Forest Court Prior Lake MN 55372 James & Janet Boucher 15335 Fish Point Road Prior Lake MN 55372 ::, ~ :::i ::1 ~ ::, :, ~ ':"l ':"l James P. & Zigrida Krake 15300 Fish Point Road SE Prior Lake, MN 55372 Mattie . Meagher 15306 Fish Point Road SE Prior Lake, MN 55372 Timothy R. & Suzanne M. Malecha 15346 Fish Point Road SE Prior Lake, MN 55372 Erwin J. & Barbara R. Utech 15370 Fish Point Road SE Prior Lake, MN 55372 Paul D . Wick 15315 Fish Point Road SE Prior Lake, MN 55372 Michael J. & Pem Hmmes 15243 Blue Dorn Orrde :::::: Prior Lake, MN 55372 Charles W. & Frances A. Morgan 15230 Fairlawn Shore Trail Prior Lake, MN 55372 James & Kimberly Craig 5653 Forest Court Prior Lake MN 55372 Alan & Marilyn Gierke 15242 Bluedorn Circle Prior Lake MN 55372 Lester & Linda Conrad 15347 Fish Point Road Prior Lake MN 55372 ~ "';"'J -;-J :,42 . C SEC. 36 ~ //5 R, 22 5- Q3i.,- c4/-c' ;-', J.- _/ : I :;J ~- .., IP ROAD ?,~-~lJ ".. I 'I ,lP" , ~ 6/~1 ,\ (. ' " \ '-'- "11 IrlllS , "Uill.llla~ c Cr "'I::~ IJ J!;': .CiI:.J Itl~II:.'; h.. 0; l;~::'I:;;11j JJ C.: .. E:;i;.i:.:J.'l U......;;ii :': 1 Y IJ 1;", 1(;;.:;,~.~l.4 uevu.:ILl ltD. t .' IAYNE a HARRIET'S IS~,.tAOO'N J N TITUS ',1 ADO .1 '0 " 14 Ie 17 " :-:::::::---==- WILLI..II J SCHIIOICEL COUNTY SUflVEYON SCOIT COUIIIITY. .,.....rso'.. ... ..... ....t ... 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