HomeMy WebLinkAbout99-059 Rezone
ADDITIONAL
MA TERIAL/PLANS
AVAILABLE IN
LARGE SCALE.
SEE THE
PLANNING
DEPARTMENT FOR
ASSISTANCE AT
(952) 447-9810.
YEAR: /'19Q /-t )-V--~/
Scott County Property Card
Page 1 of 1
Scott County Property Card
Owner Information
Owner: KUCKHAHN,JONATHAN R
Address: 4280 CHESTNUT LN NE
City/State/Zip: PRIOR LAKE, MN 55372
Parcel Address
Address: 3153 154 ST NW
City/State/Zip: PRIOR LAKE MN 55372
Property Information
Parcel ID
Number:
Deeded Acres:
GIS Acres:
Plat:
Lot:
Block:
259340250
1.5
1.28953
Legal
Description:
Sect-34 Twp-115 Range-022 1.50 AC P/O E
16A OF NW1/4 SW1/4 COM 1074.5' S OF NW
COR OF E 16A OF NW1/4 SW1/4, E 140', S
52-55 E 322.3' TO S LINE NW1/4SW1/4, W
TO W LINE E 16A, N TOPOB.
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This drawing is neither a legally recorded map nor a survey and is not intend!
to be used as one. This drawing is a compilation of records, information, anc
data located In various city, county, and state offices, and other sources
affecting the area shown. Scott County is not responsible for and inaccuracie
herein contained. If discrepancies are found, pleasec.QJJ.M!.!:t the Scott Count>
Survevors Office.
http://gis.co.scott.mn. usl common! asp/printParcelSummary.asp ?thePin=259340250
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CITY OF PRIOR LAKE
ORDINANCE NO. 99-16
AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND
THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE
The City Council of the City of Prior Lake does hereby ordain:
The Prior Lake Zoning map, referred to in Prior Lake City Code Section 1101.700 is
hereby amended to change the zoning classification of the following legally described
property from A (Agricultural) to R-1 (Low Density Residential).
LEGAL DESCRIPTION:
A tract of land in the East 16 acres of the Northwest Quarter of the
Southwest Quarter of Section 34, Township 115, Range 22, Scott
County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 889.3 feet South of
the Northwest corner thereof; thence continuing South along said West
line a distance of 185.2 feet; thence East and at right angles a distance of
140.0 feet; thence Northwesterly at an angle of 520 55' from said last line
to the point on the West line being the point of beginning. Excepting
therefrom the West 1 rod thereof.
And
A tract of land in the East 16 acres of the Northwest Quarter of the
Southwest Quarter of Section 34, Township 115, Range 22, Scott
County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South of
the Northwest corner thereof; thence East at right angles a distance of
140.0 feet; thence deflecting Southeasterly at an angle of 52055' a
distance of 322.3 fee.t more or less to the South line of said East 16 acres
of the Northwest Quarter of the Southwest Quarter; thence West along
said South line to the said West line; thence North to the point of
beginning. Excepting therefrom the West 1 rod thereof.
And
r:\cQun~l\ordinapc\99\29=-l6.doc r~g~ ]
16200 Eagle ueek Ave. ::;.t., l-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~lq47-4245
AN EQUAL OPPORTUNITY EMPtDYER
,:
#
A tract ofland in the East 16 acres of the Southwest Quarter ofthe Southwest Quarter of
Section 34, Town~p 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5.feet South of the Northwest
comer thereof; thence East at right angles a distance of 140 feet; thence deflecting
Southeasterly at an angle of 52055' a distance of322.3 feet more or less to the South line
ofthe Northwest Quarter of the Southwest Quarter, said point being the actual point of
beginning; thence deflecting Southwesterly at an angle of74026'20" a distance of 61.1
feet; thence deflecting more Southwesterly at an angle of 25032'40" a distance of34.75
feet to the northerly boundary of a road; thence Northwesterly along said Northerly
boundary a distance of 157.5 feet to the South line of said Northwest Quarter of the --
Southwest Quarter; thence East along said South line to the actual point of beginning.
Excepting therefrom any portion which may fall within Tract A, Registered Land Survey
No. 37.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 18th day of October, 1999.
IA)hf'"7 u,. t1/lJp-
Mayor
published in the Prior Lake American on the 23rd day of October, 1999.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior'Lake, MN 55372
I :\99files\99rezone\99-059\ord 9xx.doc
Page 2
Council Meeting Minutes
October 18. 1999
cfIrD5~ ..
CofJ8ider Approva' of Ordlnance 318 Approving a Zone Change to the R.1 DlstrlclM!
~LcJfJafed In S<<:tIOn.3i4, Townelllp 114, Rtnge 22.
MOTION BY SCHENCK, SECOND BY WUELLNER TO ADOPT ORDINANCE 99-16
APPROVING A ZONE CHANGE TO THE R-1 DISTRICT ON PROPERTY LOCATED IN
SECTION 34, TOWNSHIP 114, RANGE 22.
KEDROWSKI: Asked if it is appropriate given that this change was requested by the applicant, to
consider this item even though the applicant is not present, and considering that the property is
proposed for R-1 and R-2 was requested.
PACE: The item can be considered, unless the applicant has requested deferral. The applicant is
aware that the City needs to rezone property consistent with the Comprehensive Plan. Noted that
the precedent should be considered in deferring action on requests when the applicant or
petitioner is not present.
KANSIER: Clarified that Mr. Huemoeller was given notice and the staff report, and is well aware of
the staff recommendation.
MADER: Noted approval needs a 4/5th vote.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of Resolution 99.115 Authorizing Safe and Sober Communities Grant
Funding for the period of 10/1/99 through 9/30/00.
BOYLES: Advised that the program is operated cooperatively with the City of Savage, and asked
for authorization to continue participation and receipt of additional grant funding.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-115
AUTHORIZING SAFE AND SOBER COMMUNITIES GRANT FUNDING FOR THE PERIOD OF
10/1/99 THROUGH 9/30/00.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
OTHER BUSINESS: NONE.
A motion to adjourn was made, seconded and accepted. The meeting adjourned at 10pm.
Recording Secretary
City Manager
10
101B99.DOC
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
OCTOBER 18,1999
9B
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF ORDINANCE 99-XX APPROVING
A ZONE CHANGE TO THE R-l DISTRICT ON PROPERTY
LOCATED IN SECTION 34, TOWNSHIP 114, RANGE 22
History: Eagle Creek Villas has filed an application for a Zone
Change for the vacant property located south of CSAH 82, at the
southwest comer of the Glynwater development and at the northeast
comer of Arctic Lake. The request is to rezone the property from the
A (Agricultural) District to the R-2 (Low to Medium Density
Residential) District.
The Planning Commission considered this proposal at a public hearing
on September 13, 1999. Since the applicant was not present at that
meeting, the Planning Commission continued the hearing. On
September 27, 1999, the Planning Commission heard from the
applicant's representative, Bryce Huemoeller. Mr. Huemoeller
addressed questions from the Planning Commission concerning access
to the property and future use ofthe property.
Plannin~ Commission Recommendation: The Planning
Commission voted to recommend approval of rezoning this property to
the R-l District on the basis that the R-l district is consistent with the
Comprehensive Plan designation, and with the permitted use of the
property. A copy ofthe minutes ofthe Planning Commission
meetings of September 13, 1999, and September 27, 1999, are attached
to this report.
Current Circumstances: Based on the survey submitted by the
applicant, the total site consists of95,109 square feet. However,
approximately 21,120 square feet of this area is a road easement, and
about 2,400 square feet is below the ordinary high water elevation.
The actual lot area is more likely 71,589 square feet.
This site has a varied topography, with elevations ranging from
approximately 906' MSL to 935' MSL, and generally drains from the
b\99lile~\99J:ezoI1e\99-059\9...9059CC.doc Page 1
162 0 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
northeast to the southwest towards Arctic Lake. There are also a large
number of trees on this site. Any development on the site is subject to
the Tree Preservation requirements of the Zoning Ordinance. Finally,
this site is adjacent to Arctic Lake. We have no information about
specific wetlands on this site; however, the site is subject to the
provisions of the State Wetland Conservation Act, and a specific
wetland delineation plan is required with a development plan..
Based on the survey submitted by the applicant, access to the site is
available from CSAH 82. There are no utilities available to serve this
site at this time. Utilities could possibly be extended from CSAH 82.
Directly north and east of this site is the Glynwater townhouse
development and dedicated parkland, zoned R-2 and Shoreland
District. To the west of this site is vacant crop land and pasture zoned
Agricultural and Shoreland District. To the south is Arctic Lake and
large single family lots also zoned Agricultural and Shoreland District.
This property is designated for Low to Medium Density Residential
uses on the 2010 Comprehensive Plan Land Use Map. The property is
outside of the current MUSA boundary. Ifthe 2020 Comprehensive
Plan is approved as proposed, this property could potentially be
included within the MUSA under the floating MUSA concept.
This property is also adjacent to Arctic Lake, a Natural Environment
Lake. The minimum lot area, lot width and setback requirements for a
riparian lot in the Shoreland District of a Natural Environment Lake
are as follows:
The property is also subject to the bluff setback requirements;
however, we do not have enough information to determine ifthere is a
bluff on the site.
The Issues: The R-2 district is consistent with the Comprehensive
Land Use Plan designation of Low to Medium Density Residential
uses. This district permits a variety of housing styles, including single
family homes, duplexes and townhouses with up to 4 units per
building.
The Shoreland District regulations also apply to this property. The
minimum lot area, lot width and setback requirements are listed in the
above table. While the property meets the minimum lot area for a
duplex, it does not meet the minimum lot width at the front building
line and at the Ordinary High Water Elevation. In addition, the
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Page 2
FISCAL IMPACT:
ALTERNATIVES:
required 200' setback from the Ordinary High Water Elevation will
almost eliminate a buildable area for a duplex. In effect, this parcel
cannot be subdivided, and will allow the construction of one single
family dwelling.
Section 1108.600 of the Zoning Ordinance identifies the following
policies for amendments to the Official Zoning Map:
. The area, as presently zoned, is inconsistent with the policies and
goals of the Comprehensive Plan, or the land was originally zoned
erroneously due to a technical or administrative error, or
. The area for which rezoning is requested has changed or is
changing to such a degree that it is in the public interest to rezone
so as to encourage redevelopment of the area, or
. The permitted uses allowed within the proposed Use District will
be appropriate on the subject property and compatible with
adjacent properties and the neighborhood.
In this case, the adjacent property is currently being developed with an
R-2 townhouse development. The proposed R-2 district is also
consistent with the Comprehensive Plan Land Use Map designation of
Low to Medium Density Residential. The uses permitted in the R-2
district are also consistent with the adjacent property. However, it
must be noted that the minimum lot area, width and setback
requirements of the Shoreland District will apply to this parcel, and the
only permitted use based on these minimums is a single family
dwelling.
Conclusion: Although the proposed R-2 district is consistent with the
Comprehensive Plan, the actual use permitted on this property, due to
the Shoreland District requirements, is a single family home.
Therefore, the R-l district is a more appropriate reflection of the
potential use of the site. The Planning Commission and the staff
recommend approval of the R-l district.
Budfet Impact: There is no direct budget impact involved in this
request. Approval of this request may facilitate the development of
this property, and increase the City tax base.
The City Council has three alternatives:
1. Adopt Ordinance 99-XX approving the Zone Change to the R-l
district.
2. Continue the review for specific information or reasons per City
Council discussion.
3. Find the zone change inconsistent with the purpose and intent ofthe
Comprehensive Plan and the Zoning Ordinance and deny the
request.
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Page 3
RECOMMENDED
MOTION:
REVIEWED BY:
The staff recommends Alternative #1.
A motion and second to adopt Ordinance 99- XX rezoning this
property to the R-l (Low Density Residential) district is required.
This action requires approval by 2/3 of the City Council.
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Page 4
CITY OF PRIOR LAKE
ORDINANCE NO. 99-XX
AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY
CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE
The City Council ofthe City of Prior Lake does hereby ordain:
The Prior Lake Zoning map, referred to in Prior Lake City Code Section 1101.700 is
hereby amended to change the zoning classification of the following legally described
property from A (Agricultural) to R-1 (Low Density Residential).
LEGAL DESCRIPTION:
A tract ofland in the East 16 acres ofthe Northwest Quarter ofthe Southwest Quarter of
Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 889.3 feet South of the Northwest
comer thereof; thence continuing South along said West line a distance of 185.2 feet;
thence East and at right angles a distance of 140.0 feet; thence Northwesterly at an angle
of 520 55' from said last line to the point on the West line being the point of beginning.
Excepting therefrom the West 1 rod thereof.
And
A tract ofland in the East 16 acres ofthe Northwest Quarter ofthe Southwest Quarter of
Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point onthe West line thereof, distant 1074.5 feet South ofthe Northwest
comer thereof; thence East at right angles a distance of 140.0 feet; thence deflecting
Southeasterly at an angle of52055' a distance of322.3 feet more or less to the South line
of said East 16 acres of the Northwest Quarter of the Southwest Quarter; thence West
along said South line to the said West line; thence North to the point of beginning.
Excepting therefrom the West 1 rod thereof.
And
..J:\99fi1c;l\\99n;:zope\99-Q5IDord2xx.doS; Page 1
16200 cagle creeK Ave. ~.c., Prior Lake, Minnesota 55372-1714/ Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
A tract ofland in the East 16 acres ofthe Southwest Quarter ofthe Southwest Quarter of
Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest
comer thereof; thence East at right angles a distance of 140 feet; thence deflecting
Southeasterly at an angle of52055' a distance of 322.3 feet more or less to the South line
of the Northwest Quarter ofthe Southwest Quarter, said point being the actual point of
beginning; thence deflecting Southwesterly at an angle of 74026' 20" a distance of 61.1
feet; thence deflecting more Southwesterly at an angle of25032'40" a distance of34.75
feet to the northerly boundary of a road; thence Northwesterly along said Northerly
boundary a distance of 157.5 feet to the South line of said Northwest Quarter ofthe
Southwest Quarter; thence East along said South line to the actual point of beginning.
Excepting therefrom any portion which may fall within Tract A, Registered Land Survey
No. 37.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council ofthe City of Prior Lake this 18th day of October, 1999.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 23rd day of October, 1999.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1 :\99files\99rezone\99-059\ord9xx.doc
Page 2
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Planning Commission Minutes
September 13, 1999
This item will go before the City Council on October 4, 1999.
C. Case #99-059 Eagle Creek Villas, LLC, is requesting a proposed zone change
from A (Agriculture) to R-2 (Low to Medium Residential) for the property located in
the SW1/4 of Section 34, Township 114, Range 22 (former Melbourne Larson
property).
Planning Coordinator Jane Kansier presented the Planning Report dated September 13,
1999, on file in the office ofthe City Planner.
Eagle Creek Villas has filed an application for a Zone Change for the property located
south of CSAH 82, at the southwest comer of the Glynwater development and at the
northeast comer of Arctic Lake. The request is to rezone the property from the A
(Agricultural) District to the R-2 (Low to medium Density Residential) District.
The Shoreland District regulations also apply to this property. While the property meets
the minimum lot area for a duplex, it does not meet the minimum lot width at the front
building line and at the Ordinary High Water Elevation. The required 200' setback from
the Ordinary High Water Elevation will almost eliminate a buildable area for a duplex.
This parcel cannot be subdivided, and will allow the construction of one single family
dwelling. The adjacent property is currently being developed with an R-2 townhouse
development. The uses permitted in the R-2 district are also consistent with the adjacent
property. Minimum lot area, width and setback requirements ofthe Shoreland District
will apply to this parcel, and the only permitted use based on these minimums is a single
family dwelling.
Staff recommended approval ofthe Zone Change of the property to the R-1 (Low Density
Residential) District.
Rye explained tax forfeiture properties and procedures.
Comments from the public:
The developer was not present to address any questions or concerns.
Richard Lindman, 15880 Arctic Circle, expressed concern for the raised level of Arctic
Lake. Any development along the lake would result in runoff and a higher water level.
Comments from the Commissioners:
Stamson:
· Concurred with staff to change the zone to Rl. It is next to a larger tract of single
family homes. The designation fits better.
I :\99fi1es\99plcomm\pcmin\mn091399.doc
6
Planning Commission Minutes
September 13, 1999
Cramer:
. There is questionable access and lake level concern.
. Deny rezoning request at this time. Cannot support anything at this time. The
applicant is not present.
V onhof:
. Concurred with Cramer, there is no need to rezone at this time.
Kuykendall:
. Concurred with staff to rezone to Rl.
. Does not want to deny because there are still issues that need to be addressed by the
developer.
. Either table or continue.
MOTION BY KUYKENDALL, SECOND BY STAMSON, TO CONTINUE THE
HEARING TO SEPTEMBER 27, 1999.
Vote taken indicated ayes by all. MOTION CARRIED.
D. Case #99-062 William B. Lind is requesting a variance to locate an accessory
structure between the front building wall and the front lot line for the property at 6082
150th Street SEe
Planning Coordinator Jane Kansier presented the Planning Report dated September 13,
1999.
William Lind has applied for a variance application for the replacement of an existing
detached garage and concrete pad for recreational vehicle parking. The property is a
Riparian lot in the Shoreland District. The DNR had no objections to the request.
Staff determined all hardship criteria had not been met. There are other legal alternatives
and recommended denying the variance request.
Comments from the public:
William Lind, 6082 150th Street, did not disagree there was adequate space on the lot for
an additional garage. Mr. Lind presented pictures of the existing structures and explained
his proposal. His concern is the elevations from the house to the existing garage and the
runoff problems he has experienced. Adding an addition to the garage or home would
create additional problems. Lind said both he and his wife were in sales and it was
important to keep their cars in good working condition. They have 3 cars and a 2 car
garage. His proposed garage will have an appealing design.
John Guzman, 1700126 St., Blaine, Western Construction, the builder for this project,
explained his concern with rebuilding and repairs to the existing garage. Guzman felt
1:\99files\99plcornm\pcmin\mn091399 .doc
7
Planning Commission Minutes
September 27, 1999
B. Case #99-059 Eagle Creek Villas, LLC, is requesting a proposed zone change
from A (Agriculture) to R-2 (Low to Medium Residential) for the property located
in the SWl/4 of Section 34, township 114, Range 22 (former Melbourne Larson
property).
Planning Coordinator Jane Kansier presented the Planning Report dated S.:!~~i~.~r 27,
1999. ..::::fJ::::..............:.:.:::::..
The Planning Commission held a public hearing to consider this~p.plfcitt9!::pn
September 13, 1999. The Commission continued the hearing siriqj:::~he appl~i!n~ was not
present. The Planning Report, dated September 13, 1999, e~R~mP~::~p.e details::qi:~he
~~~~~~ti~~~~~:::nended approval of the Zone Ch~~j:::!~rt(~:~::::(tow DensitY::::::::::::::::IIIII::::::ifr:::?:'
,.::::::::::.' ":::ft::::.. .:@1::::"
.........
:~:::: ::=::~;:::~pertyisn~~~
Attorney Bryce Huemoeller representing "~::iil~!AAP~s, respondett::~a:::questions raised at
the last meeting. Access to the site would W,~:diie8FI:::m~nmo/ ~o:ia 82 through an
easement that actually has some title probleiij~..wmeh dfffb,i:::W&i-ked out. The applicants
could also talk to the adjacen.1J1:f9PSJ.1:y ownerij,f,:::::J\:ccess fo()iHlities would be the same
with easements along the )Yl.lsf1ifi~::i::through t,'f Glynwater Addition or working with
the adjacent property oW#~k The G.9.lhprehensiVI):~.lW1 also allows for R2. A duplex (up
and down) would be.:::l.~.ible. Th9:::,~plicants c~:::~l~o apply for an amendment to the
Comprehensive Plair:arl4:::D.P.:..atl?,:~Wt::{9f::::tM/f.4USA. This area is undergoing massive
changes and developmen:M~::IH\l6mo'emW:rblNlfudamentally the R2 district request is
contemp~:~J:j:::i8::::~i~::::~:;:~pren~~:~::::::~:.n'
Kansi~di&plained thg:~t\lflcks all4::~Uilding pad for single family and multi-family units.
SheJltaied this propertY:::aBbs not tfibet the setback, frontage or width for a duplex in the
R2:::a~it.tic.t. ::::::::::::::::
"::::~rt~~1~t::;.. .~~t~~~~~:.
":::::::;=;:;=::::::;:;" ,.;:;:;:;:f
comme~ti:ii'I:~::::~~::f~'fumissioners:
Criego: ":::::::::::::::::::rr::"
. Felt the surrounding area is R2. Kansier explained the surrounding zoning.
. Discussed the possibilities and conditions ofRl and R2 districts.
. Agreed with staff the appropriate zoning would be Rl.
Stamson:
. Agreed Rl is the appropriate zone.
. Zoning something that creates the implication that, in order to build in that district a
number of variances would be required is inappropriate.
1:\99files\99plcomm\pcmin\nm092799.doc
5
~
\
Planning Commission Minutes
September 27,1999
V onhof:
· Concurred with Commissioners and staffthe zoning should be Rl.
MOTION BY CRIEGO, SECOND BY VONHOF, TO RECOMMEND APPROVAL OF
THE ZONE CHANGE FROM THE A (AGRICULTURE) DISTRICT TO THE R-l
(LOW DENSITY) DISTRICT.
.................
..................
Vote taken indicated ayes by all. MOTION CARRIED. ..:(:~~:~~}f:::::::.:.:.:.:.::::;:;:::}:
..::;:;:;:;=;=:'
:~iS ite:.:~l::_:::::~: :e::::::::tl~: ~~.:.~ of
34,628 sq. feet rather than the minimum lot area of 2 ac.t~i':lcr:p~rmit an exlsibigJot:.
of record to be a buildable lot. ..:::::::~::::::::::::..:::::r?::.. .:::::~:::::::::):::.. '::::::1:1:::ii:::::}:::::"
Zoning Administrator Steve Horsman presented thcrpl'~iW:g l\~~:::pn file in the office
of the City Planner. "::\:::::~::i:'::::~::il!I::;::::::::.. '.:.'
On September 13, 1999, the Planning Co~~~ion held a pubi'i~::~~g for a variance
request to allow the construction of a singl!:::fll~Y::9.}Yelling on a'::tit::that does not meet
the required minimum lot area in the R-S (Jkrraf:S~!IM~~!9.P.: ~~~fdential Use District).
The Planning Commission continued the agegpajtcfu to':'tfi,,:::~Mitember 27th meeting.
Comments from the p~ .~, '
..::;:;:;:;::., :;:::::;:;:: ":;:;:;:;::.;...;.::;:;:;:.
Applicant Mark Lie.~fU"f~.. explain~::his backgroJ~fIn researching the lot and acquiring a
building permit, whi6h::ft,i::!2nf.wmm::M1~:~:~n~:::gjtY he could. It was not until after he
purchased t~:..::~::~:::::~::..was'lij~'I~:~'i\;aHmiaf'for sewer and water were required.
Rob Ost4i_r:45:nt~l~on Stree~i.:::~w.,q~:he likes the neighborhood the way it is. He was
unde~:::li!f'1mpression:l:(:il$S not a flintable lot 5 or 6 years ago. Is the two acre minimum
r~1$Mlli~t~or the remainiiitlllritus S:econd Addition?
Kansieii':ltl!flined the va4,'ed road and the existing lots in the addition. She also pointed
out if sewef:::iKI water .pijihe into the area the situation could change. Prior to May 1,
1999, the ar~i:11~:::.zgptd Rl which only required a 12,000 square foot lot.
Amy Menke, 4~;~::i:}~~ckson Trail, said she was frustrated because they were told in 1986
and 1990 by the City the lot was not buildable. Menke said they had the option to buy
the lot but did not thinking it was unbuildable.
Comments from the Commissioners:
V onhof:
. It is unusual situation. Different information has gone out in the past.
. Have to go with what is before us today and the current ordinance in effect.
1:\99files\99plcornm\pcmin\nm092799.doc
6
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
5B
CONSIDER A ZONE CHANGE REQUEST BY EAGLE
CREEK VILLAS FOR PROPERTY LOCATED IN
SECTION 34, TOWNSHIP 114, RANGE 22 (Case File
#99-059)
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
--
SEPTEMBER 27, 1999
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Commission held a public hearing to consider this application on
September 13, 1999. The Commission continued the hearing since the applicant was not
at the hearing. The attached Planning Report, dated September 13, 1999, explains the
details of this request. The applicant has been notified of the Planning Commission's
request thathe be present to answer questions pertaining to this application.
ALTERNATIVES:
1. Recommend approval of the Zone Change as requested.
2. Recommend approval of the Zone Change of this property to the R -1 (Low Density
Residential) District.
3. Recommend denial of the request.
4. Other specific action as directed by the Planning Commission
RECOMMENDATION:
The Planning staff recommends Alternative #2.
ACTION REOUIRED:
A motion and second to recommend approval of the Zone Change from the A
(Agricultural) district to the R-1 (Low Density Residential) district.
EXHIBITS:
1. Minutes of September 13, 1999, Planning Commission Meeting
2. Planning Report dated September 13, 1999
3. Draft Ordinance
1:\99fi1es\99rezone\99-059\99059pc2.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
Planning Commission Minutes
September 13, 1999
This item will go. befQre the City CQuncil Qn OctQber 4, 1999.
C. Case #99-059 Eagle Creek Villas, LLC, is requesting a proposed zone change
from A (Agriculture) to R-2 (Low to Medium Residential) for the property located in
the SW1/4 of Section 34, Township 114, Range 22 (former Melbourne Larson
property).
.................
...................
....................
....................
.....................................
....... .....
....... ...
...... ..
Planning CQQrdinatQr Jane Kansier presented the Planning RepQrt dat.~:::I~tember 13,
1999, Qn file in the Qffice Qfthe City Planner.:~~!:::!::!:I~llj~:!~:~?:....::::::~~~!::::::j:1.:I..!ljj!:::!}~::::..
Eagle Creek Villas has filed an applicatiQn fQr a ZQne Chan&;!~{,9r.Jlf properiY~::~~~ted
SQuth QfCSAH 82, at the sQuthwest CQrner Qfthe Glynwa.:tt=t:lteVe16pment and aNtlt~~:::::::::::/?:.
nQrtheast CQrner Qf Arctic Lake. The request is to. rezop~!lhe prgperty frQm the A "::~:::::!::J??:"
(Agricultural) District to. the R-2 (LQW to. medium .~~.~R' Resia,Ii~~I) District. <~~r::"
The ShQreland District regulatiQns also. apply to. th~:; P;~'.{!~:;::~~ite property meets
the minimum IQt area fQr a duplex, it dQes nQt meet the mimHi....IQt width at the frQnt
building line and at the Ordinary High W:~~~J;JevatiQn. The i~qik@~k700' setback frQm
the Ordinary High Water ElevatiQn will a]18it~~!Umwate a buildaql'~::area fQr a duplex.
This parcel cannQt be subdivided, and wilf'*-Y.Qw.:lh~::'B.ittH.~ti9.n4jf Qne single family
dwelling. The adjacent prQperty is current1Y~~~Fil}j.Jteve13p.::;iith an R-2 tQwnhQuse
develQpment. The uses pel1ll.iJMwrw..the R-2 am~rct are al~%Qnsistent with the adjacent
prQperty. Minimum IQt aIJ!~~:Avidtij!!i'Pd setbac~:~t~quirements Qfthe ShQreland District
~i~;~~:~i:~~ P:;~~~I::;:~d the Q.~~'::permitted:)!~~~~~sed Qn these minimums is a single
Sta~freC~mme?d~~:::::p;:;~':~gf~!~!:~2~1~!:!@II::Ofthe prQperty to. the R-1 (LQW Density
:;?~~mdProcedm~.
G:dmntents from the u6lic:
. "::::~~r~~rr~::.. P .///
..::::~~~~~~~~t~~:~::;;.. /!~!~!~(
The devd8~~~::i~:~ ::~!~!~,ffsent to. address any questiQns Qr CQncerns.
Richard Lindniam~!:!J~5880 Arctic Circle, expressed CQncern fQr the raised level Qf Arctic
Lake. Any deve.I6pment alQng the lake WQuld result in runQff and a higher water level.
Comments from the Commissioners:
Stamson:
· CQncurred with stafftQ change the ZQne to. Rl. It is next to. a larger tract Qf single
family hQmes. The designatiQn fits better.
1:\99fi1es\99p1comm\pcmin\nm091399.doc
6
Planning Commission Minutes
September 13, 1999
Cramer:
· There is questionable access and lake level concern.
· Deny rezoning request at this time. Cannot support anything at this time. The
applicant is not present.
V onhof:
· Concurred with Cramer, there is no need to rezone at this time.
.................
...................
....................
.........................................
......... .......
.............. ........
...... '.
~U~::c=d with staff to rezone to RI. A",
· ~e~~:;~r~ant to deny because there are still issues that.::~~ii~:,:Jllre addii~~_:::::~ the
. Either table or continue. ..:{:::::::::::::?::::::.:...nn..:.::::: ":::::::::::::::::::::::::::::w::}::'
,.;:::::::::::., ':::;:;:;::::" ..::::::::::"
MOTION BY KUYKENDALL, SECOND BY ST;J.I2;N, Td'::lgf.'ITINUE THE"::"
HEARING TO SEPTEMBER 27, 1999. '.:.' ..::,:t::j:::j:j::\::::.. ../,{?:::::::::::::::::t:}:.
Vote taken indicated ayes by all. MOTION CARRIED. ..::t:,}}:,,::......:::=:;:.
..::r~:~~~:~:~:~:~j~:rt::::::::.;.. .................
D. Case #99-062 William B. Lind is':i,t,giijjjJ(f..&rf!:::y~riance !9{ilJ~ate an accessory
structure between the front building wall d<<!! theltiJn~::ltt:li!1f;lor the property at 6082
150th Street SE. \:::::\.::::::i:::::?::::" ...::::::::::::::::?/:::..
..::;::::rri~i~?i~i~i~ijijijij~)t::::
i~,:ing coordinator.::~;;/Kanslef::I,sented tii'ili':l,i;~ng Report dated September 13,
,':':':':':':':':', ,':':':':': :.:.:.:.:.:.'
..::::f~~t~jj~~~tt:::.. ..::::::::.' ../t::::..
William Lind has appli~&:jf:qr..l!"y.m.~NmR!!!~ti'~n for the replacement of an existing
detached garage and conciet~::p~.d for recreaHonal vehicle parking. The property is a
RiPari::::~0:~:'I:::ll::_~i:~;:~~dl)~":t~;:::::i:f.he DNR had no objections to the request.
Staff:4etermined all hMilijbip crit~t'f:had not been met. There are other legal alternatives
~::~'i~ended denYl'!i!~he vanance request.
Commeiqi..&~m the ~:0"nc:
":::::::::::::::::::;;" ..::;:::;::;:.'
William Lind}:~~~t.tt:56th Street, did not disagree there was adequate space on the lot for
an additional gamgK Mr. Lind presented pictures of the existing structures and explained
his proposal. H'iK concern is the elevations from the house to the existing garage and the
runoff problems he has experienced. Adding an addition to the garage or home would
create additional problems. Lind said both he and his wife were in sales and it was
important to keep their cars in good working condition. They have 3 cars and a 2 car
garage. His proposed garage will be appealing designed.
John Guzman, 1700 126 St., Blaine, Western Construction, the builder for this project,
explained his concern with rebuilding and repairs to the existing garage. Guzman felt
1:\99files\99plcomm\pcmin\mn091399.doc
7
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
4C
CONSIDER A ZONE CHANGE REQUEST BY EAGLE
CREEK VILLAS FOR PROPERTY LOCATED IN
SECTION 34, TOWNSHIP 114, RANGE 22 (Case File
#99-059)
JANE KANSIER, PLANNING COORDINATOR
_X_ YES _NO-N/A
SEPTEMBER 13, 1999
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
Eagle Creek Villas has filed an application for a Zone Change for the property located
south of CSAH 82, at the southwest comer of the Glynwater development and at the
northeast comer of Arctic Lake. The request is to rezone the property from the A
(Agricultural) District to the R-2 (Low to medium Density Residential) District.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: Based on the survey submitted by the applicant, the total site consists
of 95,109 square feet. However, approximately 21,120 square feet of this area is a road
easement, and about 2,400 square feet is below the ordinary high water elevation. The
actual lot area is more likely 71,589 square feet.
Topo~raphy: This site has a varied topography, with elevations ranging from
approximately 906' MSL to 935' MSL. The site generally drains from the northeast to
the southwest towards Arctic Lake. We do not have enough information to determine
whether there is a bluff on this site.
V e~etation: This site is vacant with a large number of trees. Any development on the
site is subject to the Tree Preservation requirements of the Zoning Ordinance. A specific
tree inventory will be required once a specific development plan, such as a preliminary
plat, is submitted.
Wetlands: This site is adjacent to Arctic Lake. We have no information about specific
wetlands on this site. The site is subject to the provisions of the State Wetland
Conservation Act, and a specific wetland delineation plan is required with a development
plan..
Access: Based on the survey submitted by the applicant, access to the site is available
from CSAH 82.
.l:\99fileA\99rc;zope\99-Q52}99~~c.doc Page 1
16200 cagle creeK Ave. ~.c., PrIor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Utilities: There are no utilities available to serve this site at this time. Utilities could
possibly be extended from CSAH 82.
Adjacent Land Use and Zonin~: Directly north and east of this site is the Glynwater
townhouse development and dedicated parkland, zoned R-2 and Shoreland District. To
the west of this site is vacant crop land and pasture zoned Agricultural and Shoreland
District. To the south is Arctic Lake and large single family lots also zoned Agricultural
and Shore land District.
Comprehensive Plan Desi~nation: This property is designated for Low to Medium
Density Residential uses on the 2010 Comprehensive Plan Land Use Map. The property
is outside of the current MUSA boundary. If the 2020 Comprehensive Plan is approved
as proposed, this property could potentially be included within the MUSA under the
floating MUSA concept.
Shoreland Zonin~ Requirements: This property is also adjacent to Arctic Lake, a
Natural Environment Lake. The minimum lot area, lot width and setback requirements
for a riparian lot in the Shoreland District of a Natural Environment Lake are as follows:
The property is also subject to the bluff setback requirements; however, we do not have
enough information to determine ifthere is a bluff on the site.
ANALYSIS:
The R-2 district is consistent with the Comprehensive Land Use Plan designation of Low
to Medium Density Residential uses. This district permits a variety of housing styles,
including single family homes, duplexes and townhouses with up to 4 units per building.
The Shoreland District regulations also apply to this property. The minimum lot area, lot
width and setback requirements are listed in the above table. While the property meets
the minimum lot area for a duplex, it does not meet the minimum lot width at the front
building line and at the Ordinary High Water Elevation. In addition, the required 200'
setback from the Ordinary High Water Elevation will almost eliminate a buildable area
for a duplex. In effect, this parcel cannot be subdivided, and will allow the construction
of one single family dwelling.
Section 1108.600 of the Zoning Ordinance identifies the following policies for
amendments to the Official Zoning Map:
I: \99files\99rezone\99-059\99059pc.doc
Page 2
· The area, as presently zoned, is inconsistent with the policies and goals of the
Comprehensive Plan, or the land was originally zoned erroneously due to a technical
or administrative error, or
· The area for which rezoning is requested has changed or is changing to such a
degree that it is in the public interest to rezone so as to encourage redevelopment of
the area, or
· The permitted uses allowed within the proposed Use District will be appropriate on
the subject property and compatible with adjacent properties and the neighborhood.
In this case, the adjacent property is currently being developed with an R-2 townhouse
development. The proposed R-2 district is also consistent with the Comprehensive Plan
Land Use Map designation of Low to Medium Density Residential. The uses permitted
in the R-2 district are also consistent with the adjacent property. However, it must be
noted that the minimum lot area, width and setback requirements of the Shore land
District will apply to this parcel, and the only permitted use based on these minimums is
a single family dwelling.
The Planning Commission may also wish to consider rezoning this property to the R-I
(Low Density Residential) district. The R-I district is also consistent with the
Comprehensive Plan Land Use Map designation of Low to Medium Density Residential.
The R-I District is also more consistent with the use that will actually be permitted on
this parcel in light of the Shoreland District restrictions.
In any event, sewer and water services will not be extended to serve this site until the
Comprehensive Plan is amended to include this area within the MUSA, either through a
MUSA boundary extension or through the floating MUSA.
ALTERNATIVES:
I. Recommend approval of the Zone Change as requested.
2. Recommend approval of the Zone Change of this property to the R-I (Low Density
Residential) District.
3. Recommend denial ofthe request.
4. Other specific action as directed by the Planning Commission
RECOMMENDATION:
The Planning staff recommends Alternative #2.
ACTION REOUIRED:
A motion and second to recommend approval of the Zone Change from the A
(Agricultural) district to the R-I (Low Density Residential) district.
1: \99files\99rezone\99-059\99059pc.doc
Page 3
CITY OF PRIOR LAKE
ORDINANCE NO. 99-XX
AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY
CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE
The City Council ofthe City of Prior Lake does hereby ordain:
The Prior Lake Zoning map, referred to in Prior Lake City Code Section 1101.700 is
hereby amended to change the zoning classification of the following legally described
property from A (Agricultural) to R-1 (Low Density Residential).
LEGAL DESCRIPTION:
A tract ofland in the East 16 acres ofthe Northwest Quarter of the Southwest Quarter of
Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 889.3 feet South ofthe Northwest
comer thereof; thence continuing South along said West line a distance of 185.2 feet;
thence East and at right angles a distance of 140.0 feet; thence Northwesterly at an angle
of 52055' from said last line to the point on the West line being the point of beginning.
Excepting therefrom the West 1 rod thereof.
And
A tract ofland in the East 16 acres ofthe Northwest Quarter ofthe Southwest Quarter of
Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest
comer thereof; thence East at right angles a distance of 140.0 feet; thence deflecting
Southeasterly at an angle of 52055' a distance of 322.3 feet more or less to the South line
of said East 16 acres of the Northwest Quarter of the Southwest Quarter; thence West
along said South line to the said West line; thence North to the point of beginning.
Excepting therefrom the West 1 rod thereof.
And
A tract ofland in the East 16 acres ofthe Southwest Quarter ofthe Southwest Quarter of
Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
1: \99files\99rezone\99-059\ord9xx.doc
Page 1
Beginning at a point on the West line thereof, distant 1074.5 feet South ofthe Northwest
comer thereof; thence East at right angles a distance of 140 feet; thence deflecting
Southeasterly at an angle of 52055' a distance of 322.3 feet more or less to the South line
of the Northwest Quarter of the Southwest Quarter, said point being the actual point of
beginning; thence deflecting Southwesterly at an angle of 74026'20" a distance of61.1
feet; thence deflecting more Southwesterly at an angle of25032'40" a distance of34.75
feet to the northerly boundary of a road; thence Northwesterly along said Northerly
boundary a distance of 157.5 feet to the South line of said Northwest Quarter of the
Southwest Quarter; thence Eastalong said South line to the actual point of beginning.
Excepting therefrom any portion which may fall within Tract A, Registered Land Survey
No. 37.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
, 1999.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of
,1999.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
I: \99files\99rezone\99-059\ord9xx.doc
Page 2
.. _'" .:...-; .<-J. .
PLANNING COMMISSION
ClTYCOUNCIL
APPROVED'"
. APPROVED
CONDmONS:
. ~Jt'e ofPlednina Dimltor ~.Peti..
~doc
"--t:
j<;..,<i)
a,__,
,,,;~_:i.:~~:.!:i..~
"",
A tract of land in the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section 34,
Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 889.3 feet South of the Northwest comer thereof;
thence continuing South along said West line a distance of 185.2 feet; thence East and at right angles a
distance of 140.0 feet; thence Northwesterly at an angle of 52055' from said last line to the point on the
West line being the point of beginning. Excepting therefrom the West 1 rod thereof.
A tract of land in the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section 34,
Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest comer thereof;
thence East at right angles a distance of 140.0 feet; thence deflecting Southeasterly at an angle of 52055'
a distance of 322.3 feet more or less to the South line of said East 16 acres of the Northwest Quarter of
the Southwest Quarter; thence West along said South line to the said West line; thence North to the point
of beginning. Excepting therefrom the West 1 rod thereof.
A tract of land in the East 16 acres of the Southwest Quarter of the Southwest Quarter of Section 34,
Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest comer thereof;
thence East at right angles a distance of 140 feet; thence deflecting Southeasterly at an angle of 52055' a
distance of 322.3 feet more or less to the South line of the Northwest Quarter of the Southwest Quarter,
said point being the actual point of beginning; thence deflecting Southwesterly at an angle of 74026'20"
a distance of 61.1 feet; thence deflecting more Southwesterly at an angle of 25032'40" a distance of 34.75
feet to the northerly boundary of a road; thence Northwesterly along said Northerly boundary a distance
of 157.5 feet to the South line of said Northwest Quarter of the Southwest Quarter; thence East along said
South line to the actual point of beginning. Excepting therefrom any portion which may fall within Tract
A, Registered Land Survey No. 37.
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, FAX (612) 447-4245
RECEIPT # 36103
DATE: 8/ qB/9-Cj
Received of <~ Ctuh (J~) LLL
the sum of #ViR L 'fto IYJtt.u <:1... iJ f/'6 + tYf /Of)
for the purpose of
~ ~ Uft~? l2.fJf.J1i~dr~
dollars
$ c i5t>~
Invoice #
~~......
FILE COpy
October 20, 1999
Eagle Creek Villas
ATTENTION: JOHN MESENBRINK
7765 East 175th Street
Prior Lake, MN 55372
RE: Ordinance #99-16
Dear Mr. Mesenbrink:
Enclosed for your files is a copy of Ordinance #99-16, approved by the City Council in
October 18, 1999. This ordinance rezones the former Melbourne Larson property to the
R-1 District.
If you have any questions, please contact me at 447-4230.
Sincerely, ~ .
~a'I)~
U7~:n~' Kansier, AICP
Planning Coordinator
Enclosure
c: Bryce Huoemeller
..l:\99tiles..\llgre<;on~\99-051l\Q(dletPoc
16200 cagle CreeK Ave. .::i.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
filE COpy
October 13, 1999
Eagle Creek Villas
ATTENTION: JOHN MESENBRINK
7765 East 175th Street
Prior Lake, MN 55372
RE: City Council Agenda and Report
Dear Mr. Mesenbrink:
Enclosed is a copy of the staff report relating to your zone change application. I have
also enclosed a copy of the agenda for the October 18, 1999, City Council meeting.
If you have any questions, please contact me at 447-4230.
Sincerely J .
~.~~~
Planning Coordinator
Enclosure
c: Bryce Huoemeller
16200 E}fgr~e~PeW{n,,;t~-?~~~?~fl~fr Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Anne Boyd Bartz
Business Practice Coordinator
Direct Dial: (612) 204-4108
Internet Address: abarz@hlnsj.com
Halleland
Lewis Nilan
Sipkins &
Johnson
I@/It @ ~ Ow [t~l~
1/ r\! SEP 2 9 1999 i./!,
';i; 1 , Ii
./; J 1,! : ! lit
Ii (LIt!:);}
[~~~--"",.,,~-,-_j L/
;\ ttornl'Ys at L1W 11'.;\.
Pillshury Cl'utl'r South, Suitl' h"
220 South Sixth Strl'l't
Nlilllll'.lpolis, M N SS4' 2-450 I
Pholll': 612..13H.1 H3H
Fax: 612.3.3H.7H5H
September 28, 1999
Kohlrusch Abstract Company
128 West Third Avenue
Shakopee,~ 55379
Attention: Title Examiners
Re: Your File No.: ST5239
Our File No.: 20245-0001
Dear Sir or Madam:
Weare in receipt of a copy of your commitment for title insurance in the file above-
referenced. Weare advised that this commitment indicates that the property described
does not have an easement for access to County Highway 82. We represent the City of
Prior Lake and it is the finding of the planning department that the property does in fact
have an easement for access to County Highway 82. The subject easement coexists with
a specific use easement conveyed to the City of Prior Lake by the State of Minnesota.
Please see a copy ofthe Conveyance of Forfeited Lands, Document Number 90685 filed
in Volume 55 at page 284 on October 21, 1997 in the office of the Scott County Registrar
of Titles. You will note that this property was granted for the specific purpose of a park
trail access; however, the City of Prior Lake is in the process of constructing a new park
trail access easement (see copy of Concept Draft attached hereto and made a part hereof).
It is therefore possible for the City of Prior Lake to deed the park trail access back to the
State of Minnesota, and it is also conceivable that your insureds could then purchase the
West 1 rod of the East 16 acres ofthe Northwest v.. of the Southwest v.. of Section 34,
Township 115, Range 22 from the State of Minnesota.
The subject property is adjacent to Arctic Lake, a Natural Environment Lake. The
minimum lot area and lot width for sewered riparian lots on a Natural Environment Lake
are as follows:
DN: 68625
.
Kohlrusch Abstract Company
September 28, 1999
Page 2
Type
Single
Duplex
Triplex
Quad
Area (square feet)
40,000
70,000
100,000
130,000
Width (feet)
125
225
325
425
The property purchased by your insureds is approximately 62,000 square feet in area:
The lot area therefore precludes anything other than a single family dwelling. The
easement has the l6.5-foot wide access easement to CSAH #82. The city planners have
found that this easement is "more than adequate to provide [ a] driveway for a single
family home."
Would you please review the information enclosed and contact me to discuss this matter
further. The result we are looking for is that you would insure access to the
Messenbrink/Gensmer property via the subject easement. Thank you for your good help
in this matter.
Sincerely,
~~~
Anne Boyd Bartz
ABB/k
Enclosures
c: Frank Boyles
Jane Kansier
Suesan Lea Pace, Esq.
ON: 68625
September 22, 1999
Dear Applicant:
Enclosed is a copy of the Agenda for the Monday, September 27, 1999, Planning
Commission meeting as well as a copy of the Planning Report. You are expected to
attend this meeting. If you have any questions or cannot attend the meeting, please call
the Planning Department at 447-9810.
Sincerely,
~~
Connie Carlson ~
Planning Secretary
enc.
L:\DEPTWORK\BLANKFRM\MEETL TR.DOC
1.6200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FILE COpy
September 9, 1999
Eagle Creek Villas
ATTENTION: JOHN MESENBRINK
7765 East 175th Street
Prior Lake, MN 55372
RE: Planning Commission Agenda and Report
Dear Mr. Mesenbrink:
Enclosed is a copy of the staff report relating to your zone change application. I have
also enclosed a copy of the agenda for the September 20, 1999, Planning Commission
meeting.
If you have any questions, please contact me at 447-4230.
Sincerely,
{2.~
~Kansier, AICP
~~~~n~~ Coordinator
Enclosure
j;\99~les\e9rezpne\99-05ll.la.grpt.D-oC
16200 cagle CreeK Ave. :::'.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
fILE Fii. ~y
L.~.;( .
August 11, 1999
Eagle Creek Villas
ATTENTION: JOHN MESENBRINK
7765 East 175th Street
Prior Lake, MN 55372
RE: City of Prior Lake Review for Application Completeness for the Zone
Change Application for the Property Located in Section 34, Township 115,
Range 22
Dear Mr. Mesenbrink:
On August 5, 1999, the City of Prior Lake Development Review Committee
(DRC) received an application for a rezoning for the property located in the
Southwest Quarter of Section 34, Township 115, Range 22, also known as the
Melbourne Larson property. According to the Scott County Recorder's Office,
you are not the current owner of record of this parcel. In order to be considered
'valid, the application must be signed by the property owner of record. You
stated that you recently purchased this parcel. In that case, you must submit a
copy of the recorded deed along with the application.
We will not process this application until either it is signed by the owner of record
or you have submitted a copy of the recorded deed for the property. The deed
must include the stamp and official documentation of the Scott County Recorder.
Thank you for your prompt attention to this matter. If you have any questions,
please contact me at 447-4230.
Sincerely, ~ __ ^., A' I
~ (1. 1'fY~
()ane A. Kansier, AICP
Planning Coordinator
c: DRC Members
1 ..J.:\99files\99rezQne\99.05.9\iQ.CQmpl do~
6200 cagle ~reeKf'l.Ve, ::'.t.., I-'nor CaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
fiLE COPl
August 18, 1999
Eagle Creek Villas
ATTENTION: JOHN MESENBRINK
7765 East 175th Street
Prior Lake, MN 55372
RE: City of Prior Lake Review for. Application Completeness for the Zone Change
Application for the Property Located in Section 34, Township 115, Range 22
Dear Mr. Mesenbrink:
On August 12, 1999, we received a copy of a deed for the property located in the
Southwest Quarter of Section 34, Township 115, Range 22, also known as the
Melbourne Larson property, from Kohlrusch Scott/Carver Abstract Company. In my
letter of August 11, 1999, I requested a copy of the recorded deed, including the stamp
and official documentation of the Scott County Recorder. The deed we received did not
include that information. However, I have since talked to the Scott County Recorder,
who verified that this deed was recorded on August 11, 1999. -
This letter serves as your official notification that the applications are now complete.
The DRC will now begin formal review of the Comprehensive Plan Amendment. At this
time, you are tentatively scheduled for the September 13, 1999, Planning Commission
meeting. I will notify you of any changes to that date.
The City review process can be substantially less than 120 days, and we intend to move
this matter through the process in a timely manner which provides a complete,
professional review. Occasionally, however, due to meeting schedules, it is sometimes
necessary to extend the 60 day review period. This letter also serves as your official
notice that the City is extending the 60 day deadline for an additional 60 days from
October 18, 1999 to December 18, 1999.
If you have any questions, please contact me at 447-4230.
Sincerely, ~ .
Q.~
~. Kensier, AICP
Planning Coordinator
c: DRC Members
..l:\9Qfiles\99re<;one\99-OSS\QOda\d.et. doc
16200 cagle CreeK Ave. ~.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
772 P01
SEP 07 '99 15:20
Halleland Lewis Nilan Sipkins & Jobnson P.A.
Suite 600 . 220 South Sixth. Street. Minneapolis, MN 55402
Telephone. 612/338~1838 Facsimile. 612/338-7858
F~CSIMI1.Jt COVER SHEET
TO:
Jane Kansier
COMPANY:
City of Prior Lake
FAX NUMBER:
612.447.4245
PHONE NUMBER~
612.447.9813
FROM:
Sucsan Lea Pace
PHONE NUMBER:
612.593-2902
FAX NUMBER:
612.338.7858
DATE:
September 7, 1999
PAGES:
_ (including cover page)
CLIENTIMA TTER:
20245.0001
COM:MENTS:
Per your request.
This message is intended only for the \lSe of the individual or entity to which it is addressed and may
contain infQnnation that is privileged, confidential and exempt from disclosure under applicable law. If the
reader of tbi$ message is not the intended recipient or the employee or agent for delivering the message to
the intended recipient, you are hereby notified that dissemination, distnbution or copying of this
conununication is strictly prohibited. If you received this c:ommw:aication in etTer, please notify us
immediately by collect telephone and return the original message to us at the above address via tho U.S.
Postal Service. Thank you.
ON: 6494$
772 P02
SEP 07 '99 15:21
Halleland
Lewis Nilan
Sipkins &
Johnson
Attllrm:ys at Law I P.A.
Pillshury Ct:J1ter South. Suite 600
220 Suuth Sixth Strc(:t
Minnenf!olis, MN 55402-4S11'l
Phone; t.l ~..BH. Ul31l
hi,,: 6\2..HH.7HSl!
Suesan Let PaCll
Direct Dial: (6 12) 573~2902
E-M~II Address: JDaCe@lhlnsJ.com
August 12, 1999
Mr. Bryce D. Huemoeller
16670 Franklin Avenue
Prior Lake, MN 55372
RE: Melbour1Je Larson PrQperty
Our File No.: 20245-001
Dear Mr. Huemoeller:
There has been extensive correspondence and comnumication 'between you and the City
concerning the extension of sewer and water and streets to a parcel of land referred to as the
Melbourne Larson property. Frank Boyles and Don Rye have requested that I respond to you.
Apparently, your client, Mr. Larry Gensmer, has an interest in purchasing the Melbourne Larson
property. Before purohasing the property however, Mr. Gensmer is seeking assurances from the
City that it will require Mr. Wensmann, the developer of the Glynwater subdivision, to extend
sewer and water and street connections through the Glynwater plat in order to serve the
Melbourne Larson property. There is access to the Melbourne Larson property from County
Highway 82.
~
The facts as I understand them are as follows:
1. In December, 1997, Wensmann Homes filed an application for a Schematic Planned Unit
Development for property he owns (referred to herein as uGlynwater") in the vicinity of
the Melbourne Larson property. Owners of property within 350 feet of the site were
notified of the pending public hearing. The owner of record of the Melbourne Larson
property, Mr. Steve Larson, received notice of the hearing. Jane Kansier spoke with Mr.
Larson by telephone on December 3. 1997 to discuss the potential development of the
Wensmann property. Mr. Larson did not state any need to provide fOf access to his
property. In fact, he was more concerned that the access easement to County Highway
82 remain undisturbed.
2. The Council denied Wensmann's request for a PUD in January, 1998. The developer
then filed an application for a rezoning, a Conditional Use Permit and a preliminary plat
(Glynwater). As required by its ordinances, the City notified owners of property within
ON: 6485\
772 P03
SEP 07 '99 15:21
Bryce D. Huemoeller
August 12. 1999
Page 2
500 feet of the site about the pending public hearing on February 23, 1998. Mr. Larson
was again listed as the owner ofrecord of the Melbourne Larson parcel.
3. Due to a notification error, the City renotified owners of property within 500 feet of the
site of a new public hearing to consider the preliminary plat and Conditional Use Permit
for the Glynwater subdivision on June 22. 1998. Mr. Larson was still listed as the owner
of record. The City Council approved the preliminary plat on July 6, 1998, with the
adoption of Resolution 98.81.
4. On July 20, 1998, the City Council considered the final plat and development contract for
Glynwater 1 n Addition. Final plats do not require a public bearing, so no notices were
sent. The City Council adopted Resolution 98-87. approving the final plat and
development contract, on July 20. 1998. The final plat documents were filed with the
Scott County Recorder's Office on July 27. 1998.
5. The first correspondence the City received about Mr. Gensmer's interest in the
Melbourne Larson property was in a letter written by you to Paul Hokeness dated August
20, 1998. The City did not learn about Mr. Gensmer's interest in the Melbourne Larson
property until.at:tGr the final plat. Conditional Use Penuit and development agreement
had been approved and filed. Furthermore, the City spoke with Mr. Larson about the
Glynwater project l;u~(ore MI. Wensmann had applied for anything.
6. In December, 1998, Jane Kansier had another conversation with Mr. Steve Larson about
the Melbourne Larson property. Mr. Larson infonned Ms. Kansier that he still owrled
this property.
7. The Melbourne Larson property is currently zoned A (Agriculture). The property is
approximately 62,000 square feet and adjacent to a natural environment lake. Because of
minimum lot and width size, the Melbourne Larson property cannot be subdivi4~. The
size of the parcel precludes anything other than single family development. See Jane
Kansier's letter to you dated December 3. 1998.
8. Access to the Melbourne Larson property is over a 16.5 foot easement, approximately
910 feet long, from County Highway 82. The easement is "more than adequate to
provide driveway access for a single family borne." Kansier letters to you dated
September 2. 1998 and December 3, 1998.
9. The City acquired title (through a Conveyance of Forfeited Lands, dated October 8, 1997
and recorded in Scott County as Document No. 90685, Pae-e 284. C~. 17097) to the land
that is subject to the access easement, a copy of which is attached for your convenience.
10. The land conveyed to the City is "[s]ubject to a one rod easement for road way pwposes"
from County Highway 82 to the Melbourne Larson property.
772 PI2I4
SEP 1217 '99 15:21
Bryce D. Huemoeller
August 12. 1999
Page 3
11. It is your client's ''position that his proposed use ofthe 16.5 foot strip to the Larson
properties will preclude the proposed concurrent use of the strip for a trail connecting city
park land," Huemoeller letter to Hokeness dated August 20, 1998. I am assuming that
the "proposed usc" you refer to is for access from County Highway 82 and thc extension
of sewer and water, if and when the Melbourne Larson property is within the MUSA
boundary. It is not apparent to me why you believe the uses are inconsistent.
12. In a letter dated October 7, 1998, you write to City Manager Frank Boyles that "it has
occurred to us [presumably referring to you and Mr. Gensmer] that. . .Chapter 6 ofthe
Prior Lake Subdivision ordinance. requires streets and utilities to be extended to the
boundary of the Larson property as part of the Glynwater subdivision." You go on to
"request [sic] that the City not give preliminary or final subdivision approval to the
Glynwater project unless and until the project is redesigned to extend public streets and
utilities to the boundaries of the Melbourne Larson property in compliance with Chapter
6 of the Prior Lake Subdivision Ordinancc." The letter goes on further to state that if the
City does not comply you will either:
(I) (bring] a District Court action to invalidate the subdivision.. . or.
(2) [bring] an action against the City (or the cost of extending public streets
and utilities to the Larson property. . .
13. As of August 5, 1999, Scott COWlty continues to list Mr. Larson as the owner of record.
Discussion
I am not persuaded by your analysis that Chapter 6 of the Prior Lake Subdivision Ordinance
requires that Mr. Wensmann extend a street and utilities thtO\lgh the Glynwater plat to the
Melbourne Larson property. Minnesota Statute Section 645.17(1) and (2) sets out certain
"presumptions" to aid in the interpretation of statutes [ordinances}.
Section 645.17(1) provides that:
The legislature [City Council] does not intend a result that is absurd, impossible
of execution, or unreasonable~
Section 645.17(2) provides that:
The legislature [City Council] intends the entire statute [ordinance] to be effective
and certain.
I have been guided by these two statutes in my analysis of Chapter 6 of the City Code. I refer
again to the following statement in your October 7, 1998 letter to Frank Boyles:
nit occurred to us that in light of the verv ~ecifi~ l~e:ua&e and requirements in
Chapter 6 of the Prior Lake Subdivision Ordinance, streets and utilities should be
772 P135
SEP 137 '99 15:21
Bryce D. Huemoeller
August 12. 1999
Page 4
extended to the boundary of the Larson property as part ofthe development of the
Glynwater subdivision." Rmphtlsis added.
Your letter does not reference the yery specific J81\&ua.ie to which you refer. I have identified
three arguably relevant provisions in Chapter 6; specifically Sections 6-6-2(A) and (1) and
Section 6-4-3(G).
The relevant language in Section 6-6-2(A) is:
"streets shall connect with existing or dedicated streets .and adjoining subdivisions
m: provide for future connections to adjoining unsubdivided tracts or shall be a
rea8on"bl~ prqjecti<:Jn of streets to the nearest subdivision. n
Section 6-6-2(A) does not apply to the Glynwater subdivision or to the Melbourne Larson
property for the reasons set out below:
1. The Glynwater subdivision connects with an existing street - County Highway
82.
2. Glynwater is adjacent to an adjoining WlSubdivided tract. However, there is no
Tea&onable way to proiect at this time how streets will be developed.
3. Section 6-6-2 also requires that streets shall _. .provide for future connections to
adjoining unsubdivided tracts. The Melbourne Larson property is adjacent to City
park land not the Olynwater subdivision. A copy of the Glynwater plat is
attached.
Section 6-6-2(1) does not apply to the Olynwater plat or to the Melbourne Larson property.
Section 6-6-2(1) provides that:
BQ,1'dship to A4ioinin& Prop~ owners ^ voided: The street arrangements shall
not be such as to cause hardship to owners of adjoining property in plattini their
own land and providing access to it. F.mpha..;:is added.
The Melbourne Larson property cannot be platted; therefore, this provision does not
apply.
Section 6-4-3(0) provides:
Any parcel proposed for platting shall recognize the orderly and lo~ical extension of
streets and utilities into adjacent parcels. Emphasis added.
The Glynwater subdivision does not abut the Melbourne Larson property, it abuts City park land.
Even if a street was extended through the Glynwater plat to the abutting property (City property),
there is no way to determine what would be an orderly and logical extension of the streets. The
772 P06
SEP 07 '99 15:22
Bryce D. Huemoeller
August 12, 1999
Page 5
City has no idea how, when or if the Dakota property will be developed. Therefore, the City
cannot predict the "orderly and logical extension of streets..:'
The final plat and develope~ agreement for Glynwater was approved by the City Council on
July 27. 1998; a little over one month before you contacted the City about Mr. Gensmer's
interest in the Melbourne Larson property. Before Wensmann filed a subdivision application,
Ms. Kansier contacted Mr. Steve Larson regarding development of the site and regarding access
issues relating to the Melbourne Larson property. Mr. Larson did not express any access
concerns.
The Melbourne Larson property is accessible from County Highway 82. It would be inequitable
and illogical to have required Mr. Wensmann to extend a street and utilities through the
Glynwater subdivision.
ConcllJ.~ion
The history of your correspondence with the City on this matter makes it abundantly clear that
Mr. Gensmer is looking for someone, other than himself. to pay to develop the Melbourne
Larson property. If Mr. Gensmer becomes the owner of the property, he will have an easement
over City land to access the property and provide utilities to the property from County Highway
82.
Sincerely,
~ 't.L~ PtU-rL
Suesan Lea Pace
SLP/ab
cc: Frank Boyles
Don Rye
08/12/99 14:24 KOHLRUSCH RBST ~ 6124474245
NO. 608 [;101
KOHLRUSCil
SCOTT/CARVER ABSTRACT CO., INC.
12S.West 3rd Avenue
P.O. Box 355
Shakopee, Minnesota 55379
Do~~
4-$36<8 '='
~ 8jl\jCJl
RBPRESENllNG:
IiiiI Commonwealth
a Land Title Insuram:e Company
FAX TRANSMITTAL
TO: (1~ K~
mw7r&i ~
DATE: ~-p
FROM: Linda Lovley
FAX NO:
2jL(7 - Lf;;-'1S'
RE:
f~ eud~, LL-C _
CdJ~r~~~
u>t~
tlLIs--loSd
TOTAL NUMBER OF PAGES INCLUDING COVER LETTER: 5'
08/12/99
14:25
KOHLRUSCH RBST ~ 6124474245
NO. 608
~03
,
4538& (0
WARRANTY DEED Individual(') to
STATE DEED TAX DUE HEREON: $ -.!!!..:..50
Date: June 8. 1999
FOR VALUABLE CONSIDER.ATION, DaryJ LaJ:son. a single person; Florence Larson, a single person: Steve C. Larson and
Susan C. G. Larson. husband and wife; Lany Larson and Ann Gustafson-Larson. busband and wife, Orantor(s). hereby CODVcy(S)
and warrant(s) to Brinkland Compan~ LLC. a limited liability company under the Jaws of the State of Minnesota, Grantee(s), real
property in Scott County. Minnesota. described as follows:
See attached legal description.
"The Seller ctlniftes lhalrhe Seller does nor know of any wells on rhtl described fetd property. .
(if more space ;8 needed, continue an back)
together wiLh all hereditaments and appurteOlUlCU belonging thereto, subject to the following exceptions: Subject to easements,
restrictions, reservations of record, if any.
~-~
. '.~~. C-.
Steven C. Larson
)j.~
~
~
Ann Gustafson-Lar
~
~" <""....Lf'
Flol'llnee Larson
~~.
08/12/99
14:26
KOHLRUSCH ABST ~ 6124474245
NO. 608
[;104
1ft) -0 rq
A tract of land in the East 16 acres of the Northwest Ql,lattc( of the Southwest Quaner of Section 34,
Township 115. Range 22. Scott County, Minnesota, described as rollows:
Beginning at a poillt on the West line: thereof, distant 889.3 feet South of the Northwest corner thereOf;
thence: continuing South along said West line a disumce of 185.2 feet; tbeDCCl E83t and at right angles a
distance of 140.0 feet; thence Northwesterly at an angle of srss' from said last line to the point on the
West line being the point of beginning. Excepting therefrom the West 1 rod thereof.
A tract of land in the East 16 acres of the Nonhwest Quarter of the Southwest Quarter of Section 34,
Township 115, Range 22, Scott County, Minnesota, described as follOWS:
.Beginning at a point an the We$t line thereof, distant 1074.S feet South of the Northwest comer thereof:
thence East at right angles a distance of 140.0 {eet: thence deflecting Southeasterly at an angle of 52055'
a distance of 322.3 feet more or less to tbe South line of said Eas[ 16 acres of the Northwest Quartet of
the Southwest Quarter; thence West along said South line to the said West line; thence North [0 the point
of beginning. Ex.eepling l.herefrolD the West 1 rod thereof.
A uact of land in the East 16 acn::s of the SOllthwest Quarter of dle Southwest Quarter of Section 34,
Township 115. Range 22, Soott County, Minnesota, described lIB follows:
Beginning at a point on the Wes[ line then::of, distant 1014.5 feet South of the Northwest comer thereof;
thence East at righ[ angles a distance of 140 fect; thence deflecting Soutbeasterly at an angle of 52"55' a
distance of 322.3 feet more or less to the South line of the Northwest Quarter of the Southwest Quarter.
said point being the actual point of beginning; thence deflecting Southwesterly at an angle of 74 "26'20.
a distance of 61.1 feet; lhence deflecting more Southwesterly 81 an angle of 25032' 40. a distance of 34. 7S
feet to the northerly boundary of a road; thence North'tilesLtrly along said Northerly boundary a distance
of 151.5 feet to the South line of said Northwest Quarter of the Southwest Quarter: thence East along said
South line to the actual paint of beginning. EJ(cepling therefrom any ponion which may fall within Tract
A. Registered Land SUIVey No. 37.
08/12/99
.
14:26
KOHLRUSCH ABST ~ 6124474245
NO. 608
[;105
STATE OF UJ~
COUNTY OF So.,J.... } 5S.
#.
The ro~ltoinl instrument was acknowledged before nu: Ibis I,;) day of JtJ61/i1&.~!il98. by Daryl Larson,
a single pc:t'Son, OI1lDtor(s),
~:i..J-~
SIGr-rAnlB.B Of l"l.lSON TAItJNc;l ACKI\lOwt. GJllo41!NT
to,,""'. ~'1fIf"'fS q-3o-.,.o~1
STATE OF COJ \foyn',u
COUNTY OF or-a..ngfJ
The fongoing insUUlDllllt was acknDw1edSed bllfllll'e me this ~ day of~UV\bt.f. 1998. by Flo~ncc Lmon. a
n. GranLo
} IS.
I....................................
ci@SHANNONM.COGSWElll
R III COMM. "1135881 =
8 NOlMY PlJIII.JC . CAl.IFOINA 8
2 . OI14lfGE COIMlY 2
! ~ c:.mm. EllpIms AprI2l'. llKlI "
-~,............*....*................=
STATE OF fflin..(JJLJataJ
COUNTY Of mille. La<!.5 } 88.
The foregoing instrument was acknowledged before me lhiel.!::.. day elll:\urJ'm..b.vt..-1998, by Lexry lAnCIII and
Ann Gustafson-Lars . husbllnd d wife:, Granlor(s),
l8 -~..]
,
STATE OF W \ ~~(.(..:...
COUNTY OF ~ 0.. '^ 0 } lit.
The foresoins inetJ\lment was al:knowledlled before me this I t 'foe day Of~, 1998, by St,y, C. Larson and
SUllan C. G. Larson, hIlS d and wife, GranU)r(5).
Tu S1.8~menlS ror tile real propetE)' deecribl::d jll
Ihis insllument should be SIInl to (Include name and addreSjl of GrllUtcc):
BRINKLAND COMPANY. LLC
7765 175TH ST E
FRIOR LAKE MN 55372
'I'blIlDstrlllDllld IIlrllned b,:
KqhllllSch Scalt/Cal'\lcr Abaltac( Cn.. hit.
128 Weal 3rd Avcnue. Shalr.opM, Mill 55319
ACKNOWLEDGEMENT
War ra.t1~ txe:q
STATE OF CAUFORNIA
COUNTY OF OY11.v'fjV )
naJly
On . \ q be IS IlrIClWft to me (ar "roYM to me DI'I II- ."
lIpPB8Nd . . Wi ~ 1D be me wlftln iflstn,ment Ilnd acllnClWlldl8CI ""
of ..tia'~1J evidenall) to be the perlOl1M, ~.I nam.M~DrizBd ClID~(., and ~t by "'" har I .. -Js~
me INIE ~ she I II)C1 eacuted the ...In "'" ~... the 1oI'.,Dd ueclOd 1he lnstnlrnIInt.
an the iMrrument lit_ per_(~ or the entity upon "hBll' of whld'l peramY'f '
WITNESS my hand and ofI1cIlII a.aI.
-f!]:~fJj2
(Sui)
&....--.--.--........................
o@SHANNONM.COGSWEll:
It e: COMM. #1135861 ~
! I'fIIlMY I'lI8llC . tAl.lf'OIVfUI s
~ 0IWmf ctlUNJY .
I ..... ~ CamIIl. u~inIt AJlIiIl7, :.wI .
~............~..............~.~.=
1218/12/99
14:25
KOHLRUSCH RBST ~ 6124474245
NO. 61218
[;11212
L/S3B8:r-
QUIT CLAIM: DEED Corporation or Pannership to COlponltion or PalUlcrship
STATE DEED TAX DUE HEREON: $ 1.65
Dale: June 8th, 1999/
FOR. VALUABLE CONSIDERATION, 8rinkland Company, LLC, a limited liability company under the laws of the Shile of
Minnesota, Grantor, hereby convey(s) and quit claim(s) to Eagle Creek Villas, LLC, a limited liability company under me laws
of me Stale of Minnesota, Grantee, real propeny in SCOTT COUIll)'. Minnesota, described as follows:
A lr1.Ct of land in II1e "Ea51 16 acres af Ihe NOrtJlWC$1 Quarter af the South,.,C51 QUllrti:r af SKlion 34, Township 115. Range 22. Scgu COllnty,
MiMe&Ol.lI, dQICribed as fallows:
Begin.nins al a paint on lhe West line thereof. distant 889.3 feci SoUlh of dIe ~D~~l comer !hereaf; lhen~ cl:mQnllinll SOllth alon, Hid West Une
a dislance af 18:;.2 feet; thence Bllst and It righl angles a distance of 140.0 fUI; dllm~ NanhwcslCny al an anlls of 52"SS' from said IUllilU: w the
paint on the Wasl line: b1einl,t die paint of bcgi/1ning. E.i.ceplil1g therefrom Ihe Wesl 1 rod tJ\ereof.
A tract of land in the East 16 ac:rvs of !he NortJ\west Quane, of die Southwest QUIru:r of Scction 34. Township 11', bnat 22. Scott CO\ln~.
Minnesolll, dC5Cribed as follows:
Beginning at a poim on !be Wesllillll dlen:ot, dii~nl 1074.5 feel South of the Northwest comer thcn:Qf; Ihence East 301 right mile. a djslanc:e of 140.0
feci; tneJICC deflec:ti.Qg Southeastc:dy al Ul angle of srss' a di5rAnce af 322.3 filiI man: Or leas to the SouIIl line of 5aid East 16 ac:res of rhe NolthweSI
QuaNT of tJ\e Soulhwest Quanz:r; l/)ence West Ilonllsaid South line 10 thlll said WeSt line; !he~ North to 1I1l: point ofbeginaing. S~copling rha,.fram
die West 1 rod thereof.
A t\'llel of land In the Basi 16 acres of dill Sol,lthwclil Quaner of the SouthweSt Quatter of Section 3', Township llS. Range 22. $colt County,
MinnesOlJ, deseribled as foUows:
Beglnnillg III a poinl On lbe Weslline thereof. dislant 10745 feet SOlldt of me Nol1hwest c:om::r d'tcn:(lf; thcJU:C East at right anrlC5 . disWlce of 140
fall; dlence deRecting SouthellSlc{1y al an angle of S2-SS' . disllU\C;ll of 321.3 feet Jna~ Qr le$$ 10 d\e South line of the Nonhwesl Quarter of UIe
Southwut Qua"..". said poinlllcing lhe acroal point of beginnins: thence deOec:tIng Southwe:smrly at an angle of 74 -26'20. . distance of 61.1 feet;
thence deflecting lI'IOre Southwc$terly at an angle ons. 31'40. . distance of 34.75 fccuo duo northerly boundary of a tuasl; dtcnee Nortbwmetty IliQng
said Northel1y bOllmlll)' . diala~ of 157.5 feel to me South linc of ,.id Nonhwest Qlial'l8r of the SouthweSI Quarter: thenc:e But 1110111 said South
line ro the lI.ell1al point of bagiMins. E&CepliGg therefrom any pOflilln which may fall witbin Tract A, Rellisll:l1ld Lllnd Survey No. 37.
.THE TOTAL CONSIDERATION FOR THE TRANSFER HEREIN IS LESS THAN $500.00. H
711e Slliler certifies that the Seller does not know of any wells on the described real property. .
(if more space is needed, continue on back)
erediwnents and appurtenances belonging thereto.
S ATE OF MINNESOTA }
COUNTY OF SCOTT 55.
The foregoing inslnunenl was acknowledged before me this 8tb day of June, 1999. by John Mesenbrink. Chief Manager,
of BrinkJand Company, LLC. a limited liability company under me laws of the State of Minnesota, on behalf of the company.
Grantor.
4[l~ LINDA C. LOVlEY
r.~>.~IFVrl NOlAflV PUBLIC. MINNESOT^
. ..' ::' ./. . :" ~1,' (:l1mmission Eltpire::; 1.3] .00
'.. '. -,-.. ''''",I.-''-''-~
ENT
TlllI SfatemeoL'l fat \he real property descriDed iJllhis in$U\lmc:nl should be sent 10 (lnel\lcle namll and address of OranJe:c):
Brinkland Company U.C
7765 17Sth S~t 6ut
Prior LaD. MN 55372
FROM MESENBRINK CONSTRUCTION
PHONE NO.
6124475036
Rug. 05 1999 01:57PM P1
Eagle Creek Villas LLC
7765 1751h Street East, Prior Lake, MN 55372
Phone (~1~) 447.5058 Fax (612) 447-5036
Fax
To: Planning Department Aftn: Connie
Fax: 4474245
Phone:
From: Matt Hanish
Pages: 4 including cover
Date: August 5, 1999
Re:
. Comments:
FROM : MESENBRINK CONSTRUCTION
PHONE NO.
6124475036
Aug. 05 1999 01:58PM P2
WARRANTY DEED Individual(s) to
STATE DEED TAX DUE HEREON: $ ~50
D~e: June 8. 1999
FOR VALUABLE CONSIDERATION, Daryl Larson, a single person; Florence Larson, a single person; Steve C. Larson anc,i
SUsan C. G. Larson, husband and wife; Larry Larson and AIUl Gustafson-I...arson, husband and wife, Grantor(s), hereby convey(s)
and warrant(s) to Brinkland Company. LLC, a limited liability company under the laws of the State of Minnesota, Grantee(s), real
property in Scott County, Minne~ota, described as follows:
See attached legal description.
"The Seller certifies that the Seller does not know of any wells on the described real property. "
(if more space is needed, continue on back)
together with aU hereditaments and appu.rtenances belonging thereto, subject to the following e,"ceptions: Subject to easements,
restrictions, reservations of record, if any.
7i~
.DUyl~~C-~;
Steven C. Larson
)j.~
FROM
MESENBRINK CONSTRUCTION
PHONE NO.
612447512136
Aug. 1215 1999 12I1:58PM P3
STATE OF W'IJ\()jJ~
...--.. " ~: . ". ".. ....-...-----
COUNTY OF __~.!!':!.::::._._...._.__
+/,
The foregoing instrument was acknowledged before me Ihis ~ day ur
II 5ingle pcn<)n, (JranLnr(~).
} 55.
J.)6H~.J 998, by Daryl Larson,
-IJ..n.;lJ.-1L; J.. :.f ~f'-
SIONATUR6 O~ PllRSON TAKlNtJ ACK.NOWLI>DUJjMHNT
tomrn. ~""fl""$ q.3o-~ool
STATS OF c.oJ \foY'nia
COUNTY OF Or-o...n~t:J } 5S.
The foregoing jn8U'\lmCJI~ was IIOlrnowlcdged before me L1lis 5-tf.. day of~~ 1998, by Plonw:e LllCson. a
son, Granto
:...................................1
~ SHANNON M. COGSWELL ·
R COMM. #1135861 2
~ NOTARY I'UBUC . CAIi'OANIA $
.. OIWlIOE COUNlY a
: t.!yC<lmm.ExpkllsA!Jr1272OO1 .
.I,....................................:
STATE OF ffJ'I1(jI.LJotoJ
COUNTY OF ((/lIIe- Lac..s } ss.
Tbe fOn:1ioing instrument was aclcnowleclged before IDe this / sr day ~1998. by Lacl}' Larson.nd
AM Gustafson-Lac ,husband d wife, Grantor(s).
8
JDOI RAE IWIJOLPtt
tmM'tFIIU:WfI3UTA
IttCD'nlltilll"" .lln.11. 2CJJO
"""
~
STATEOFW\S~~~
COUNTY OF ~ 0.. '^ o' } ss.
, -te
The foregoil\g instrument WII~ lIckm/wledSed before me this l..!.- day Of~, 1998, by Stove C. Lan;(ln and
Susan C. G. LarHon, hus nd and wife, Oranmr(s).
~
SIGNATURE 0
Tax Statements for the: relll prQpcn)' described in
this instrument should be sent to (Include name and address of Grantee):
B1UNKLAND COMPANY. LLC
7765 175TH ST E
PRIOR LAKE MN 55372
lbilllDlltrumcnt d~lIncd by:
KQblnllCb $coIl/Carver Ab5lr\l"t en., Inc.
I". WeM 31'd Avenue, Sbalropcc, MI'l SSF9
ACKNOWLEDGEMENT
W().1" rQ..('l~ (X.e~
STATE OF CAUFORNIA )
COUNTY OF om ~eJ \ ...-lIy
On . . \ q 0 me . Ia\GWn to me (ot plOwd \Q me on dW bulS
lIPPlared' . sub$I.lribe 10 tie the wilhll\ inetrumenl and scl/nDWl8dgtId ro
at ,.tisf~ evidern:e) to be the peracmM. ~~ ":,:C I auUlori1Jld c:4pacilY~, Bnd that j,y ,...J her J ... sIgn..nn(A
me that ~ she I I1)f.Y elleeuted \till s~ 11'1 fli4. I ~alt 01 whid'l 1I1e pe~~ acltlld, elC~ me lnSl,.."ent.
otI the In,trumelll the per:son(~. or the ~ upon
WITNESS my hand IlIlCi official seal.
,.
~~riR-
(Seal)
............~........................
~ @SHANNONM.COGSWEll:
R. COMM. .11358G1 ~
s .. ~ NOTARV P\I8UC . CAl,FOItNIA S
2 O!IAIlGE COUNTY 2
;__ r,ly Cmnll'l. ~ IIpI!I ~7. :?001 .
~..............o.~.........~.~?.=
FROM : MESENBRINK CONSTRUCTION
PHONE NO.
6124475036
Aug. 05 1999 01:59PM P4
..:
A tract of land in the East 16 acres of the: Northwest Quarter of the Southwest Quarter of Section 34.
Township 115. Range 22, Scott County. Minnesota, described. as follows:
Beginning at a point on the WeSt line thereof, distant 889.3 feel South of the Northwest corner thereof;
thence continuing Soutb along said West line a distance of 185.2 feet; thence East and at right angles a
distance of 140.0 feet; thence N'orthWe5terly at an angle of SrS5' from said last line [0 the point on the
West line being the point of begirming. Exe:epting therefrom the West 1 rod thereof.
A tract of land in the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section 34,
Township 115, Range 22, Scott County, Minnesota, described as followS:
Beginning at a point on the West line thereof, distant 1074.5 feet South of lhe Northwest comer thereof;
thence East at right angles a distance of 140.0 feet: thence deflecting SO\ltheasterly at an angle of 52055'
a distance of 322.3 feet more or leslllo the South line of said East 16 acres of lhe Northwest Quarter of
the Southwest QUarter; thence West along said South line to the said West line: thence North to the point
of beginning. Excepting ther.efrom the West 1 rod thereof.
A trOlCt of land in the East 16 acres of the Southwest Quarter of the Southwest Quarter of Section 34,
Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074_5 feet South of the Northwest comer thereof;
thence East at right angles a distance of 140 feet; thence: deflecting Southellsterly at an angle of 52'"5S' a
distance of 322.3 feet ttlOre or less La the South line of the Northwest Quarter of the Southwest Quarter,
said point being the actual point of beginning: thence deflecting Southwesterly at an angle of 74D26'20.
a distance of 61.1 feet; thence deflecting more Southwesterly at an angle of 1-5032'40" a distance of 34.75
feet to the northerly boundary of a road; thenee NorthWeSterly along said Northerly boundary a distance
of 157.5 feet to the South line of said Northwest Quarter of the Southwest Quarter; thence East along said
South line to the actual point of begbming. Excepting therefrl)m any portion which may fall within Tract
A. Registered Land Survey No. 37.
~
AFFIDAVIT OF SERVICE BY MAIL
COUN1Y OF SCOTT )
)ss
STATE OF MINNESOTA)
the City ogrior Lake County of Scott, State of
Minnesota, being duly om, says on the L day of 1999, she ~rytJe~
the attached lis fpersons W_h~y~ an inter in the - :oIL V~-
ff'It:.UU,. by mailing to th a copy thereof,
enclosed in e elope, ostage prepaid, 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
PAGB
CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED ZONE
CHANGE REQUEST FOR PROPERTY LOCATED IN THE SW 1/4 OF
SECTION 34, TOWNSHIP 114, RANGE 22 (FORMER MELBOURNE LARSON
PROPERTY)
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road, SE, on Monday, September 13, 1999 at 6:30
p.m., or as soon thereafter as possible.
The purpose of the public hearing is to consider a proposal to rezone the property located about
1/4 mile south of CSAH 82, directly west of the Glynwater development and northeast of Arctic
Lake from the A-I (Agricultural) District to the R-2 (Low to Medium Density Residential)
District. The property is legally described as follows:
Legal Description:
A tract ofland in the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section
34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 889.3 feet South of the Northwest comer
thereof; thence continuing South along said West line a distance of 185.2 feet; thence East and at
right angles a distance of 140.0 feet; thence Northwesterly at an angle of 520 55' from said last
line to the point on the West line being the point of beginning. Excepting therefrom the West 1
rod thereof.
And
A tract of land in the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section
34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest comer
thereof; thence East at right angles a distance of 140.0 feet; thence deflecting Southeasterly at an
angle of 52055' a distance of322.3 feet more or less to the South line of said East 16 acres ofthe
Northwest Quarter of the Southwest Quarter; thence West along said South line to the said West
line; thence North to the point of beginning. Excepting therefrom the West 1 rod thereof.
And
A tract of land in the East 16 acres of the Southwest Quarter of the Southwest Quarter of Section
34, Township 115, Range 22, Scott County, Minnesota, described as follows:
J:\99file$\99re:z,.one\99-059\29059ttm doc Page 1
16200 cagle LreeK Ave. S.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest corner
thereof; thence East at right angles a distance of 140 feet; thence deflecting Southeasterly at an
angle of 52055' a distance of 322.3 feet more or less to the South line ofthe Northwest Quarter
of the Southwest Quarter, said point being the actual point of beginning; thence deflecting
Southwesterly at an angle of 74026'20" a distance of61.1 feet; thence deflecting more
Southwesterly at an angle of25032'40" a distance of34.75 feet to the northerly boundary ofa
road; thence Northwesterly along said Northerly boundary a distance of 157.5 feet to the South
line of said Northwest Quarter of the Southwest Quarter; thence East along said South line to the
actual point of beginning. Excepting therefrom any portion which may fall within Tract A,
Registered Land Survey No. 37.
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
Prepared this 25th day of August, 1999 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
MAILED TO OWNERS OF PROPERTY WITHIN 350 FEET ON SEPTEMBER 1, 1999
1:\99files\99rezone\99-059\99059mn.doc
Page 2
CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED ZONE
CHANGE REQUEST FOR PROPERTY LOCATED IN THE SW 1/4 OF
SECTION 34, TOWNSHIP 114, RANGE 22 (FORMER MELBOURNE LARSON
PROPERTY)
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road, SE, on Monday, September 13, 1999 at 6:30
p.m., or as soon thereafter as possible.
The purpose of the public hearing is to consider a proposal to rezone the property located about
1/4 mile south of CSAH 82, directly west of the Glynwater development and northeast of Arctic
Lake from the A-I (Agricultural) District to the R-2 (Low to Medium Density Residential)
District. The property is legally described as follows:
Legal Description:
A tract of land in the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section
34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 889.3 feet South of the Northwest comer
thereof; thence continuing South along said West line a distance of 185.2 feet; thence East and at
right angles a distance of 140.0 feet; thence Northwesterly at an angle of 52055' from said last
line to the point on the West line being the point of beginning. Excepting therefrom the West 1
rod thereof.
And
A tract of land in the East 16 acres of the Northwest Quarter of the Southwest Quarter of Section
34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South ofthe Northwest comer
thereof; thence East at right angles a distance of 140.0 feet; thence deflecting Southeasterly at an
angle of 52055' a distance of 322.3 feet more or less to the South line of said East 16 acres of the
Northwest Quarter of the Southwest Quarter; thence West along said South line to the said West
line; thence North to the point of beginning. Excepting therefrom the West 1 rod thereof.
And
A tract of land in the East 16 acres of the Southwest Quarter of the Southwest Quarter of Section
34, Township 115, Range 22, Scott County, Minnesota, described as follows:
.J:\99files\99,rez.one\9.9-D59\99059pn.doc Page 1
16200 cagre creeK Ave. S.t.-., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest comer
thereof; thence East at right angles a distance of 140 feet; thence deflecting Southeasterly at an
angle of 52055' a distance of 322.3 feet more or less to the South line of the Northwest Quarter
of the Southwest Quarter, said point being the actual point of beginning; thence deflecting
Southwesterly at an angle of 74026 '20" a distance of 61.1 feet; thence deflecting more
Southwesterly at an angle of 25032' 40" a distance of 34.75 feet to the northerly boundary of a
road; thence Northwesterly along said Northerly boundary a distance of 157.5 feet to the South
line of said Northwest Quarter of the Southwest Quarter; thence East along said South line to the
actual point of beginning. Excepting therefrom any portion which may fall within Tract A,
Registered Land Survey No. 37.
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
Prepared this 25th day of August, 1999 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON SATURDAY, AUGUST 28,
1999.
1:\99files\99rezone\99-059\99059pn.doc
Page 2
3----
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KOHLRUSCH
SCOTT/CARVER ABSTRACT CO., INC.
128 West 3rd Avenue
P.O. Box 355
Shakopee, Minnesota 55379
REPRESENTING:
frill Commonwealth
~ Land Title Insurance Company
!~9jit:\~:~fMI3~l~@'l:::::::::::::::::
.........................
..................... .
..................
:m::!!:!::f.1~i:fl~:JJXMim~~~
........ ...........
........... .........
...................... ...
...........................
...........................
...........................
. . . . . . . . . . . . . . . . . . . . . . . . . . .
According to the records of the BRC Tax System in the Office of the County Treasurer, Scott
County, Minnesota, the following is a list of primary tax payers of property lying within 350
feet of the following described property:
PARCEL 1:
A tract of land in the East 16 acres of the Northwest Quarter of the Southwest Quarter
of Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 889.3 feet South of the Northwest
comer thereof; thtmce continuing South along said West line a distance of 185.2 feet;
thence East and at right angles a distance of 140.0 feet; thence Northwesterly at an angle
of 52055' from said last line to the point on the West line being the point of beginning.
Excepting therefrom the West 1 rod thereof.
PARCEL 2:
A tract of land in the East 16 acres of the Northwest Quarter of the Southwest Quarter
of Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest
comer thereof; thence East at right angles a distance of 140.0 feet; thence deflecting
Southeasterly at an angle of 52055' a distance of 322.3 feet more or less to the South line
of said East 16 acres of the Northwest Quarter of the Southwest Quarter; thence West
along said South line to the said West line; thence North to the point of beginning.
Excepting therefrom the West 1 rod thereof.
PARCEL 3:
A tract of land in the East 16 acres of the Southwest Quarter of the Southwest Quarter
of Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest
comer thereof; thence East at right angles a distance of 140 feet; thence deflecting
Southeasterly at an angle of 52055' a distance of 322.3 feet more or less to the South line
of the Northwest Quarter of the Southwest Quarter, said point being the actual point of
beginning; thence deflecting Southwesterly at an angle of 74026'20" a distance of 61.1
feet; thence deflecting more Southwesterly at an angle of 25032'40" a distance of 34.75
feet to the northerly boundary of a road; thence Northwesterly along said Northerly
boundary a distance of 157.5 feet to the South line of said Northwest Quarter of the
Southwest Quarter; thence East along said South line to the actual point of beginning.
Excepting therefrom any portion which may fall within Tract A, Registered Land Survey
No. 37.
Page 1
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN 55372
William Creighton
15820 Artie Cir. NW
Prior Lake, MN 55372
Shakopee Mdewakanton Sioux
2330 Sioux Trl. NW
Prior Lake, MN 55372
Wensmann Realty
1895 Plaza Dr. #200
Eagan, MN 55122
Richard P. Lindman
15880 Artie Cir. NW
Prior Lake, MN 55372
Steve C. Larson
7301 Friendship Ln.
Middleton, WI 53562
DATED:
August 4, 1999 at 8:00 a.m.
KOHLRUSCH SCOTT/CARVER ABSTRACT CO., INC.
File No. S4504
NOTE:
This search was prepared with due diligence and every effort was made to ensure the accuracy of this
search, however, Kohlrusch Scott/Carver Abstract Co., Inc. accepts no liability for errors and/or
omissions herein.
Page 2
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CITY OF PRIOR LAKE
ORe PROJECT REVIEW CHECKLIST
PROJECT NAME: EAGLE CREEK VILLAS REZONING
An application for a rezoning for property located in the SW 1/4
of Section 34, Township 114, Range 22 (former Melbourne
Larson orooertv) from the A district to the R-2 district.
APPLICANT: Eagle Creek Villas
7765 175th Street
Prior Lake, MN 55372
CONTACT PERSON: John Mesenbrink
447-5058
SITE INFORMATION
PID#: 25-934-025-0 3/S:S /57-1 ~c 51-.
25-934-026-0
LOCATION: This property is located south of CSAH 82, at the southwest
corner of the Glynwater development and at the northeast
corner of Arctic Lake.
EXISTING ZONING: A (Agricultural)
COMPREHENSIVE PLAN: R-UMD (Low to Medium Density Residential)
This orooertv is currentlv outside of the MUSA.
PROPOSED ZONING: R-2 (Low to Medium Density Residential
PROJECT REQUEST: Review and comment on proposal.
DISTRIBUTE TO: . APPLICATION FOR:
X Frank Bovles X Grea IIkka Administrative Land Division
X BretWoodson X Sue McDermott Comorehensive Plan Amend.
X Raloh Teschner Jeff Evens Conditional Use Permit
X Paul Hokeness Lani Leichty Home Occuoation
X Bob Hutchins Verlyn Raaen X Rezonina
X Don Rve Doua Hartman Site Plan
X Jane Kansier X Fire Chief Preliminarv Plat
~ ._, . .:rovar X Bill O'Rourke PUD
M DNR. Pat Lvnch Minneaasco Final Plat
X County Hwv. Deot. Watershed Dist. Variance
MNDOT Teleohone Co. Vacation
X SMDC Electric Co.
Triax Cable Met. Council
Date Received 8/4/99 Date Distributed 8/24/99 Date Due 9/2/99
Complete Application 8/12/99 Date Distributed to 8/24/99 DRC Meeting 9/2/99
Date DRC
Publication Date 8/28/99 Tentative PC Date 9/13/99 Tentative CC 10/4/99
Date
60 Dav Review Date 10/18/99 Review Extension 12/18/99
1:\99files\99rezone\99-059\referral.doc
Page 1
I have reviewed the attached proposed request (Eagle Creek Villas Zone Change) for
the following:
.,/ Water City Code Gradino
./ Sewer Storm Water Sions
Zonino Flood Plain County Road Access
Parks Natural Features Leoallssues
Assessment Electric V' Roads/Access
Policy
Seotic System Gas Buildino Code
Erosion Control Other
Recommendation: _ Approval
Denial
_ Conditional Approval
Comments: .
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Signed:
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Date:
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Please return any comments by Thursdav. September 2. 1999, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\99files\99rezone\99-059\referral.doc
Page 2
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I have reviewed the attached proposed request (Eagle Creek Villas Zone Change) for
the following:
Water City Code Gradinq
Sewer Storm Water Siqns
\ Zoning V Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads! Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation:
v
_ Approval
Denial
_ Conditional Approval
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Signed:
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Date:
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Please return any comments by Thursdav. SeDtember 2.1999, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\99files\99rezone\99-059\referral.doc
Page 2
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