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State of Minnesota )
)ss.
County of Scott )
I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby
certify'that the attached Resolution 99-137 is a true and correct copy of the original as
passed and adopted by the City Council of the City of Prior Lake at its December 20, 1999
meeting.
Date:
1/21i,o
, I
h:\certify.doc
RESOLUTION 99-137
1It-) o't~
N N E S RESOLUTION PROVIDING FOR THE VACATION OF RED OAKS ROAD
LOCATED ADJACENT TO LOTS 27-37 RED OAKS
MOTION BY: Kedrowski SECOND BY: Wuellner
WHEREAS, on November 1, 1999, the City Council adopted Resolution 99-120 initiating the
vacation of Red Oaks Road located on the following described property situated in
the City of Prior Lake, Minnesota to wit: that part of the 20 foot road adjacent to the
northeasterly, easterly and southeasterly lines of Lots 27 to 37, RED OAKS, Scott
County, Minnesota, lying northerly of the northeasterly extension of the southeasterly
line of said Lot 27 and southerly of the southeast line of said Lot 37; and
WHEREAS, notice of the hearing on said petition has been duly published and posted in
accordance with the applicable Minnesota Statutes; and
WHEREAS, on November 8, 1999, the Planning Commission reviewed the vacation request for
compliance with the Comprehensive Plan and with regards to public need and
recommend the City Council approve the requested vacation; and
WHEREAS, the City Council held a public hearing on said petition on Monday, December 6,
1999, at 7:30 p.m. in the Council Chambers at" the Prior Lake Fire Station #1 and
continued the hearing to December 20, 1999 to allow for 30 day statutory comment
from the DNR; and
WHEREAS, the City Council continued the public hearing on said petition on Monday, December
20, 1999, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and
WHEREAS, the City Council proceeded to hear all persons interested in said petition and persons
interested were afforded the opportunity to present their views and objections to the
granting of said petition; and .
WHEREAS, the City Council of Prior Lake has determined that the vacation of said roadway is
consistent with the Comprehensive Plan and is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to
Minnesota Statues 412.851, the following described portion of the roadway easement situated on the
above described property in the City of Prior Lake, Scott County, Minnesota is hereby vacated upon
satisfaction of the attached conditions:
Legal Description:
That part of the 20 foot road adjacent to the northeasterly, easterly and southeasterly lines of Lots 27
to 37, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of the
southeasterly line of said Lot 27 and southerly of the southeast line of said Lot 37.
1p200 EaQle lCreek Ave..9S.~, P..rior: Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
r:\council\teso utl\planres\ 19W~-D/.<10C Page 1
AN EQUAL OPPORTUNITY EMPLOYER
.'
BE IT FURTHER RESOLVED, the City Council finds that the vacation is not inconsistent with the
Comprehensive Plan; and
BE IT FURTHER RESOLVED, that subject to the satisfaction of the conditions set out below, the
Council finds the vacation is not inconsistent with the public interest:
1. Private Declaration of Driveway Easement be amended per Exhibit A (City Attorney's
recommended changes) to ensure emergency vehicle access, signed by the property owners and
other necessary parties, and recorded.
2. A drainage and utility easement be retained over the vacated right-of-way and proper
documentation recorded.
3. This resolution will only be recorded upon submittal of proof of recording of the private Declaration
of Driveway Easement and utility and drainage easements documents.
Passed and adopted this 20th day of December 1999.
YES NO
Mader X Mader
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner X Wuellner
r:\counci1\resoluti\planres\99\99-13 7 .doc
Page 2
DECLARATION OF DRIVEWAY EASEMENT
This agreement is made effective December 20, 1999, by ROBERT P. KIST and
SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E.
FINNEGAN, husband and wife, and CHARLOTTE L. ROEHR, a single person (the
Kists, Finnegans and Roehr being collectively referred to herein as the "Dec1arants").
RECITALS
A. The Kists are the owners of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 27, RED OAKS, Scott County, Minnesota, EXCEPT that part of said Lot
27 lying southwesterly of a line described as commencing at the most easterly
comer of said Lot 27; thence southwesterly along the southeasterly line of said
Lot 27 a distance of 77.90 feet to the point of beginning of the line to be
described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to
the right a distance of 249.5 feet to the northwesterly line of said Lot 27, and
said line there terminating.
AND
That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED
OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension
of the southeasterly line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
012100
1
B. The Finnegans are the owners of real property in Scott County, Minnesota,
legally described as follows, to-wit:
Lot 28, RED OAKS, Scott County, Minnesota.
AND
That part of Lot 29, RED OAKS, described as follows: Commencing at the
southeast comer of said Lot 29, the same being the northeast comer of Lot 28 of
said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed
bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the
point of beginning of the land to be described; thence North 62 degrees 09
minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence
South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet
to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42
seconds East 159.66 feet, along said southerly line to the point of beginning.
AND
That part of the 20 foot Road adjacent to the easterly line of Lot 28, RED
OAKS, Scott County, Minnesota, lying northerly of the southeasterly extension
of the southerly line of said Lot 28, and southerly of the southeasterly extension
of the northerly line of said Lot 28.
C. Roehr is the owner of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 29, RED OAKS, Scott County, Minnesota, EXCEPT that part described as
follows: Commencing at the southeast comer of said Lot 29, the same being the
northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42
seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
2
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
AND
Lots 30, 31, 32 and 33, RED OAKS, Scott County, Minnesota.
AND
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 29 to 33, RED OAKS, Scott County, Minnesota, lying southerly of the
southeasterly extension of the northerly line of said Lot 33, and northerly of the
southeasterly extension of the northerly line of that part of said Lot 29 described
as follows: Commencing at the southeast corner of said Lot 29, the same being
the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes
42 seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
NOW, THEREFORE, the Declarants hereby declare and establish a
nonexclusive perpetual easement for ingress, egress, driveway and utility purposes,
which shall be appurtenant and run with the title to each of the above described parcels
(which are referred to herein individually as a "Parcel" and collectively as the
"Parcels"), and subject to the covenants and charges herein, over, across and upon the
following portions thereof (the "Driveway Easement"), to-wit:
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 27 to 29, RED OAKS, Scott County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27, and southerly of
the southeasterly extension of the northerly line of that part of said Lot 29
3
described as follows: Commencing at the southeast comer of said Lot 29, the
same being the northeast comer of Lot 28 of said plat; thence North 68 degrees
21 minutes 42 seconds West (assumed bearing) along the southerly line of said
Lot 29, a distance of 13.89 feet to the point of beginning of the land to be
described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to
the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds
West along said westerly line 17.29 feet to the southerly line of said Lot 29;
thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said
southerly line to the point of beginning.
1. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The
owners of each of the Parcels shall perform, as and when such owners deem necessary,
and pay the cost of such improvements to and maintenance of the Driveway Easement
as may be reasonably necessary for access to the owners' Parcel.
(b) Restoration. If the Driveway Easement or any improvements thereto
are damaged or destroyed by any cause, any owner who has use for the Driveway
Easement may restore it.
(c) Other Rights. Nothing in this Declaration shall prejudice the common
law or statutory rights of any owner to recover from any other owner for negligent or
willful acts or omissions.
2. EMERGENCY ACCESS. A general easement is hereby granted to all
police, fire protection, ambulance and other similar emergency agencies and personnel
to enter upon and use the Driveway Easement in the proper performance of their duties.
3. LIMITATION. No owner of a Parcel shall cause or permit obstruction of or
interference with the rights in or use of the Driveway Easement by any other owner or
emergency vehicles and personnel.
4. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and
inure to the benefit of each owner of the Parcels, and their respective heirs, successors
and assigns, for a term of 20 years from the date it is flied for record. Thereafter, this
Declaration shall automatically renew for successive periods of 10 years.
(b) Amendment. This Declaration may be amended with the written
approval of all record owners of the Parcels. Any amendment shall be made in fileable
form and effective on the date filed for record of filing with the Scott County Registrar.
4
(c) Plural. The singular shall include the plural, and plural may be read
as singular, where appropriate, and unless the context otherwise requires.
(d) Gender. The masculine gender may be read as the feminine gender
or the neuter gender, where appropriate, and unless the context otherwise requires.
( e) Liability. The obligations of the owners of the respective Parcels
shall be joint and several, except where the context otherwise requires.
(t) Enforcement. Any owner may enforce, by a proceeding at law or in
equity, or both, any provision of this Declaration. The proceeding may seek to restrain
the violation and to recover the damages resulting therefrom, together with the costs of
the proceeding, including reasonable attorneys' fees.
(g) Captions. The captions herein are inserted only for convenience and
reference and do not limit the scope of this Declaration.
(h) Severability. Invalidation of any provision of this Declaration by any
Court shall not effect the remainder hereof, which shall continue in full force and
~
: . - --:::--
iBE~5~
S~JmCu r!~
SELMA KIST
\~D G C'
MICHAEL G. F~
\.~ ~
STATE OF MINNESOTA)
)ss.
COUNTY OF S{J,e TT )
This Declaration of Driveway Easement was acknowledged before me on this
1.j-1} day of klJrua 'y , "2-[JDD, by Robert P. Kist and Selma Kist, husband and wife.
{~Yl1. 1!):/klj'}/1{U4J
Notary Public i'
ANDREA M. BUS2MANN
NOTARY PUBUC - MINNESOTA
My Commission ExpIres 1-31-2005
5
"
STATE OF MINNESOTA)
)ss.
COUNTY OF 1<amS; )
.f- This Declaration of Driveway Easement was acknowledged before me on this
1 day of kbrl!.ci:f''-1 ,,1000 by Michael G. Finnegan and Ann E. Finnegan,
husband and wife. I j) I. ~~.. _ ~ 11
blJ. ,( (I)Z( Jdl Kwa
Notary Public
e CHRIS11NE RUED
IIO'fNIYIUUC-MINNESOTA
..,0... JII'DII"- 31. 2005
STATE OF MINNESOTA)
~ )ss.
COUNTY OF II, fJ.{lir')
. This Declaration of Driveway Easement was acknowledged before me on this
\ \P day of~b&Yt\J\,l6 )W)by ChaIlotte,~" Roehr, a single persm:"
No~t~
:1 JANE M. BAIRD ,.
: NOTARY PUBLlC.MINNESOTA
. MY COMMISSION EXPIRES 1-31.2005
.
This instrument was drafted by:
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
6
."
DIRECTIVE OF DEPUTY EXAMINER OF TITLES
In the Matter of the Request of Michael G. Finnegan and Ann
E. Finnegan, his wife, as joint tenants, for the Addition of a
Vacated Road to Certificate of Title No. 9183 Covering Land in
Scott County, Minnesota, described as follows:
Lot 28, RED OAKS, Scott County, Minnesota.
TO THE REGISTRAR OF TITLES OF SCOTT COUNTY, MINNESOTA:
1. On December 29, 1975, the Scott County Registrar of
Titles entered Certificate of Title No. 9183 to Michael G.
Finnegan and Ann E. Finnegan, his wife, as joint tenants, for land
originally registered September 19, 1929.
2. On December 20, 1999, the Prior Lake City Council
adopted Resolution 99-137 vacating the following portion of an
adjoining road that was dedicated to the public in the plat of Red
Oaks:
That part of the 20 foot Road adjacent to the northeasterly,
easterly and southeasterly lines of Lots 27 to 37, RED OAKS,
Scott County, Minnesota, lying northerly of the northeasterly
extension of the southeasterly line of said Lot 27, and
southerly of the southeast line of said Lot 37.
3. That as a condition of the vacation adopted as Resolution
99-137 the City of Prior Lake required that a public drainage and
utility easement be retained by the City over the vacated right of
way.
4. By reason of the vacation, the following portion of the
vacated road should be added to the legal description on
Certificate of Title 9183:
That part of the 20 foot Road adjacent to the easterly line
of Lot 28, RED OAKS, Scott County, Minnesota, lying northerly
of the southeasterly extension of the southly line of said
1
..... .'
Lot 28, and southerly of the southeasterly extension of the
most northerly line of said Lot 28.
5. By reason of the vacation, the following should be added
as a memorial on Certificate of Title 9183:
Subject to a public drainage and utility easement to the City
of Prior Lake over the vacated right of way as retained by
the City of Prior Lake in Resolution 99-137.
NOW, THEREFORE, upon the filing of this Directive and a
certified copy of Resolution 99-137, you are hereby directed to
show by memorial upon Certificate of Title 9183 the addition of
the portion of the vacated road described in Paragraph 4 and to
show by memorial upon Certificate of Title 9183 the drainage and
utility easement as described in Paragraph 5 above, and to place
the above described portion of the vacated road in the body of
future Certificates of Title along with the legal description on
the Certificate, and to delete this Directive from such future
Certificates of Title.
Dated this
4.qu.
I
day of
'/}-vl IJ
J' ttl~t./\...
, 2000.
() )' (,')
~/.",," (j
\ T\LQ.jL/ ~LW t1/lQl~V
Deputy Scott County Examiner of
Titles
2
DIRECTIVE OF DEPUTY EXAMINER OF TITLES
In the Matter of the Request of Robert P. Kist and Selma
Kist, husband and wife, as joint tenants, for the Addition of a
Vacated Road to Certificate of Title No. 6457 Covering- Land in
Scott County, Minnesota, described as follows:
Lot twenty-seven (27) in Red Oaks on Prior Lake, according to
the plat thereof on file and of record in the Office of the
Register of Deeds in and for said county and state, EXCEPT
that part of said Lot 27 lying southwesterly of a line
described as commencing at the most easterly corner of said
Lot 27; thence southwesterly along the southeasterly line of
said Lot 27 a distance of 77.90 feet to the point of
beginning of the line to be described; thence northwesterly
deflecting 71 degrees 16 minutes 31 seconds to the right a
distance of 249.5 feet to the northwesterly line of said Lot
27, and said line there terminating.
TO THE REGISTRAR OF TITLES OF SCOTT COUNTY, MINNESOTA:
1. On January 11, 1972, the Scott County Registrar of Titles
entered Certificate of Title No. 6457 to Robert P. Kist and Selma
Kist, husband and wife, as joint tenants, for land originally
registered September 19, 1929.
2. On December 20, 1999, the Prior Lake City Council
adopted Resolution 99-137 vacating the following portion of an
adjoining road that was dedicated to the public in the plat of Red
Oaks:
That part of the 20 foot Road adjacent to the northeasterly,
easterly and southeasterly lines of Lots 27 to 37, RED OAKS,
Scott County, Minnesota, lying northerly of the northeasterly
extension of the southeasterly line of said Lot 27, and
southerly of the southeast line of said Lot 37.
3. That as a condition of the vacation adopted as Resolution
99-137 the City of Prior Lake required that a public drainage and
utility easement be retained by the City over the vacated right of
way.
1
4. By reason of the vacation, the following portion of the
vacated road should be added to the legal description on
Certificate of Title 6457:
That part of the 20 foot Road adjacent to the northeasterly
line of Lot 27, RED OAKS, Scott County, Minnesota, lying
northerly of the northeasterly extension of the southeasterly
line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
5. By reason of the vacation, the following should be added
as a memorial on Certificate of Title 6457:
Subject to a public drainage and utility easement to the City
of Prior Lake over the vacated right of way as retained by
the City of Prior Lake in Resolution 99-137.
NOW, THEREFORE, upon the filing of this Directive and a
certified copy of Resolution 99-137, you are hereby directed to
show by memorial upon Certificate of Title 6457 the addition of
the portion of the vacated road described in Paragraph 4 and to
show by memorial upon Certificate of Title 6457 the drainage and
utility easement as described in Paragraph 5 above, and to place
the above described portion of the vacated road in the body of
future Certificates of Title along with the legal description on
the Certificate, and to delete this Directive from such future
Certificates of Title.
, ,/411
Dated this / L,
I
day of
"fltt'\ c,ll
, 2000.
~JlJf~( fL~~~
Deputy Scott County Examiner of
Titles
2
DIRECTIVE OF DEPUTY EXAMINER OF TITLES
In the Matter of the Request of Charlotte L. Roehr for the
Addition of a Vacated Road to Certificate of Title No. 30706
Covering Land in Scott County, Minnesota, described as follows:
Lot 29, RED OAKS on Prior Lake EXCEPT that part described as
follows: Commencing at the southeast corner of said Lot 29,
the same being the northeast corner of Lot 28 of said plat;
thence North 68 degrees 21 minutes 42 seconds West (assumed
bearing) along the southerly line of said Lot 29, a distance
of 13.89 feet to the point of beginning of the land to be
described; thence North 62 degrees 09 minutes 42 seconds West
157.47 feet to the westerly line of said Lot 29; thence South
32 degrees 00 minutes 40 seconds West along said westerly
line 17.29 feet to the southerly line of said Lot 29; thence
South 68 degrees 21 minutes 42 seconds East 159.66 feet,
along said southerly line to the point of beginning.
AND
Lots Thirty (30), Thirty-one (31), Thirty-two (32) and
Thirty-three (33), RED OAKS on Prior Lake according to the
plat thereof filed of record in the Office of the Register of
Deeds for said Scott County, Minnesota.
TO THE REGISTRAR OF TITLES OF SCOTT COUNTY, MINNESOTA:
1. On October 2, 1997, the Scott County Registrar of Titles
entered Certificate of Title No. 30706 to Charlotte L. Roehr for
land originally registered September 19, 1929.
2. On December 20, 1999, the Prior Lake City Council
adopted Resolution 99-137 vacating the following portion of an
adjoining road that was dedicated to the public in the plat of Red
Oaks:
That part of the 20 foot Road adjacent to the northeasterly,
easterly and southeasterly lines of Lots 27 to 37, RED OAKS,
Scott County, Minnesota, lying northerly of the northeasterly
extension of the southeasterly line of said Lot 27, and
southerly of the southeast line of said Lot 37.
3. That as a condition of the vacation adopted as Resolution
99-137 the City of Prior Lake required that a public drainage and
1
utility easement be retained by the City over the vacated right of
way.
4. By reason of the vacation, the following portion of the
vacated road should be added to the legal description on
Certificate of Title 30706:
That part of the 20 foot Road adjacent to the northeasterly
and easterly lines of Lots 29 to 33, RED OAKS, Scott County,
Minnesota, lying southerly of the southeasterly extension of
the northerly line of said Lot 33, and northerly of the
southeasterly extension of the northerly line of that part of
said Lot 29 described as follows: Commencing at the
southeast corner of said Lot 29, the same being the northeast
corner of Lot 28 of said plat; thence North 68 degrees 21
minutes 42 seconds West (assumed bearing) along the southerly
line of said Lot 29, a distance of 13.89 feet to the point of
beginning of the land to be described; thence North 62
degrees 09 minutes 42 seconds West 157.47 feet to the
westerly line of said Lot 29; thence South 32 degrees 00
minutes 40 seconds West along said westerly line 17.29 feet
to the southerly line of said Lot 29; thence South 68 degrees
21 minutes 42 seconds East 159.66 feet, along said southerly
line to the point of beginning.
5. By reason of the vacation, the following should be added
as a memorial on Certificate of Title 30706:
Subject to a public drainage and utility easement to the City
of Prior Lake over the vacated right of way as retained by
the City of Prior Lake in Resolution 99-137.
NOW, THEREFORE, upon the filing of this Directive and a
certified copy of Resolution 99-137 I you are hereby directed to
show by memorial upon Certificate of Title 30706 the addition of
the portion of the vacated road described in Paragraph 4 and to
show by memorial upon Certificate of Title 30706 the drainage and
utility easement as described in Paragraph 5 above, and to place
the above described portion of the vacated road in the body of
future Certificates of Title along with the legal description on
2
the Certificate, and to delete this Directive from such future
Certificates of Title.
Da ted thi s ! L/ (jv....
da y 0 f
'~lttl ci\.
, 2000.
() y
~t) l~l4.~~~
Deputy Scott County Examiner of
Titles
3
...
FilE COpy
State of Minnesota )
)ss.
County of Scott )
I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby
certify that the attached summary of Resolution 99-120 is a true and correct copy of the
original as passed and adopted by the City Council of the City of Prior Lake at its November 1 ,
1999 meeting.
Date: /1 h)9
I
Kelly Meyer
Deputy City Clerk
h:\certify.doc
RESOLUTION 99-120
RESOLUTION INITIATING THE VACATION OF A PORTION OF THE RED OAKS ROAD RIGHT-
OF-WAY ADJACENT TO LOTS 27-37, RED OAKS
BY:
Wuellner
SECOND BY:
Petersen
WHEREAS, Red Oaks Road adjacent to Lots 27-37, Red Oaks, is dedicated as a public road;
and
WHEREAS, this section of Red Oaks Road is not improved to City standards, and
WHEREAS, the adjacent property owners wish to make some improvements to this road; and
WHEREAS, in order to determine whether the vacation of this easement is or is not in the public
interest, the City Council has initiated the vacation process by motion.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant
to Minnesota Statues 412.851, the process for the vacation of a portion of the Red Oaks Road
right-of-way adjacent to Lots 27-37, Red Oaks, is hereby initiated.
Passed and adopted this 1 st day of November, 1999.
YES NO
MADER X MADER
KEDROWSKI X KEDROWSKI
PETERSEN X PETERSEN
SCHENCK X SCHENCK
WUELLNER X WUELLNER
{Seal}
{6~~~ggr~le};rJff~~~?-g:E~~~~{~fr Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / ~~~e(~12) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
STAFF REPORTS
AND
MINUTES
SCHENCK: Asked to remove Item (I) (Consider Approval of Resolution 99-136 Rescinding City Council
Resolution 99-131, Rejecting All Bids Submitted Pursuant to the September 11, 1999 RFP, and
Authorizing Re-Bid of the Tanker Truck.
BOYLES: Briefly reviewed the consent agenda items.
MOTION BY PETERSEN, SECOND BY WUELLNER TO APPROVE THE CONSENT AGENDA ITEMS
(A) THROUGH (H) AS PROPOSED.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
Consider Approval of Resolution 99-136 Rescinding Resolution 99-131, Rejecting All Bids
Submitted Pursuant to the September 11, 1999 RFP, and Authorizing Re-Bid of the Tanker
Truck.
SCHENCK: Asked if the City has any legal liabilities with rescinding its award of the bid.
PACE: Indicated that the City has not executed a contract, and there is no case law on point. Advised
that in light of the new facts, the City can rescind the award and authorize re-bid of the truck.
MOTION BY PETERSEN, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 99-136
RESCINDING RESOLUTION 99-131, REJECTING ALL BIDS SUBMITTED PURSUANT TO THE RFP,
AND AUTHORIZING RE-BID OF THE TANKER TRUCK.
VOTE: Ayes by Mader, Kedrowski, Petersen, Nay by Schenck and Wuellner, the motion carried.
PRESENTATIONS:
Presentation of Plaques Acknowledging Service to the City of Prior Lake for Retiring Board and
Commission Members, Councilmembers Tom Kedrowski, Councilmember Dave Wuellner, and
Police Officer Dennis Left.
Mayor MADER and City Manager BOYLES presented awards to out-going LAC members Doug Larson
and Tom Kearney, PAC members Bob Rykken and Tom Reddinger, Planning Commissioner Dick
Kuykendall, Council member Kedrowski, Councilmember Wuellner, and Police Officer Dennis Leff.
~
PUBLIC HEARINGS:
Continuation of the Public Hearing to Consider Approval of Resolution 99-137 Approving the
Vacation of a Portion of Red Oaks Road.
Mayor MADER opened the public hearing.
Bryce HUEMOELLER (counsel for Charlotte Roehr): Noted that Ms. Roehr supports the staff
recommendation to vacate the right-of way. There is one issue .nvolving the legal standard that applies
to the vacation under MN Statutes 412.e"'1 where no vacation shall be made unless it appears in the
public interest to do so. The DNR refers to the wrong statute and quotes the wrong standard which
relates to vacation of plats by the district court. Therefore, the only question before the Council is
whether the vacation is in the interest of the public in order to meet the statute. Advised that Ms. Roehr
finds the conditions to the vacation acceptable, but that the resolution should offer enough flexibility to
authorize City staff to release the resolution so that it can be filed concurrently with the easement.
City Council
Minutes 2
,
I z -2.D---~4 :
MOTION BY WUELLNER, SECOND BY PETERSEN, TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE RESOLUTION 99-137
APPROVING THE VACATION OF A PORTION OF RED OAKS ROAD. .
PACE: Agreed with Attorney Huemoeller's comments on the legal standard applicable.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of Resolution 99-138 Vacating a Portion of the Drainage and Utility
Easement located on Lots 1 and 2, Block 1, Enivid First Addition.
Mayor MADER declared the public hearing open.
BOYLES: Explained that the purpose of the proposed vacation of the utility and drainage easements is
to allow the lots to be consolidated so that new postal facility can be built without the constraints of the
easements. The Planning Commission recommended approval of the vacation contingent upon
submittal of the development plan and combination of the lots. The staff believes the vacation should
be denied because the vacation is premature as a specific development plan has not been submitted,
and therefore it cannot be determined whether the vacation is in the public interest. Advised that the
Council has three options - approving the vacation, direct staff to prepare a resolution denying the
vacation, or defer the item and provide staff with specific direction.
DAVID KIRKMAN (counsel for Neil BOderman, landowner); Commented that the closing on the purchase
agreement with the post office is scheduled within the next sixty days, and a condition of that purchase
agreement is that the easements be vacated so that the post office knows it will be able to build across
the lot lines. Believes that the concerns raised by staff can be addressed by conditioning the vacation
on submission and approval of the development plan and approval of the lot combination. Also noted
that the portion of the ring road affecting this property is complete.
RAy LEMLlE (owner of Hollywood Bar & Grill): Noted his support for the post office facility at this site.
.GALE OZMUTH (Prior Lake Postmaster): Commented that any action the Council could take to push the
process along would be greatly appreciated because the current facilities are inadequate.
MADER: Asked staff to clarify Mr. Kirkman's comments regarding the ring road being complete in this
area, and if the road is constructed does it mean that it is the final alignment of the ring road.
RYE: Explained that that section of Tower Street was complete eight or nine years ago, which is the
segment from Duluth over to Toronto. The street, as constructed is the obvious alignment for the ring
road. The most recent discussions regarding the ring road concerned the missing links between
Franklin Trail and Toronto, and Duluth over to Panama.
MADER: Commented that the resolution submitted approves the vacation upon submission of a
development plan, and not necessarily approval of the development plan.
KIRKMAN: Noted that this is an unusual circumstance that in some respects puts the cart before the
horse, but advised that his understanding was that final vacation would be conditional upon approval of
development plans. City Council
Minutes
lulO'~l
3
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
DECEMBER 20, 1999
7A
JENNITOVAR,PLANNER
DON RYE, PLANNING DIRECTOR
CONTINUATION OF THE PUBLIC HEARING TO CONSIDER
APPROVAL RESOLUTION 99-XX APPROVING THE
VACATION OF A PORTION OF RED OAKS ROAD
History: Charlotte Roehr owns the property located at 15322 Red
Oaks Road. She is proposing to demolish the existing dwelling and
construct a new home. In July 1999, she received variances to the
OHW setback and driveway width (Resolution 99-11PC and 99-
12PC). A condition of the variance is that the road be elevated as
required by City Ordinance Section 1105.402. This section requires
uses permitted within designated flood areas to have road access at or
above an elevation of not more than 2 feet below the regulatory flood
protection elevation. Therefore, the minimum road access for
structures on Prior Lake is 907.9. Since Red Oaks Road is public,
there are three options for a private property owner to construct such
improvements. These options include entering into a "Private Use of
Public Property" Agreement, petitioning the City for a public
improvement project, or requesting the City vacate the road.
Upon request of Charlotte Roehr, the City Council initiated the
vacation of a portion of the road on November 1, 1999. The City
Council felt this could be an amicable solution for the City and
Charlotte Roehr.
As required by State Statute 462.356 Subd. 2, the Planning
Commission reviewed this request to make a recommendation to the
City Council regarding the disposal or acquisition of public lands as it
relates to the compliance with the Comprehensive Plan. On November
8, 1999 the Planning Commission recommended the City Council
vacate the right-of-way as requested.
Upon proper notification, State Statute 412.851 allows the Council to
vacate easement or right-of.way by resolution. The statute also states
1:\92file$\9~ac\99-069\99069cc3.doc Page 1
162UU Eagle Creek Ave. S.t., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
that "no such vacation shall be made unless it appears to be in the
public interest to do so".
Current Circumstances: The plat of Red Oaks identifies a 20-foot
wide public street adjacent to Lots 27 through 37. The City has sewer
and water lines within the dedicated roadway requiring a drainage and
utility easement. NSP has also asked the City to retain a utility
easement.
The Issues: The City Council must make two determinations. Does
the vacation of the existing roadway comply with the Comprehensive
Plan and is there a public need or anticipated future need for the
dedicated property?
The Comprehensive Plan has identified Red Oaks Road as a local
street. One policy of the Comprehensive Plan is to conduct
development in a manner that is sensitive to the impact upon natural
features and to environmental constraints including floodplain areas.
By vacating the portion of the roadway requested, the access can be
elevated and constructed in a manner to minimize environmental
impacts. The proposed access (private drive) will be narrower than a
public roadway meeting required public design standards.
Another policy of the Comprehensive Plan is to effectively and
uniformly regulate the development of structures and other land uses
in or near flood plain and drainage areas. The proposed vacation will
allow for the access to be elevated, per floodplain regulations, and
ultimately improve the situation, as access to the property and
structures will be at a higher elevation than currently exists.
There is no public need for the portion ofthe roadway being vacated.
A private driveway easement allowing access ofthe adjacent property
owners has been drafted and affected property owners are in
agreement. The City Attorney has reviewed the easement and
recommended a number of changes. These changes have been referred
to the petitioner's attorney and a response was received on November
30, 1999. The revised document has been forwarded to the City
Attorney for final approval. The City does not currently maintain the
road as it is unimproved and there is no proper turnaround at the end.
Both the City and NSP have utilities within the platted roadway, so a
drainage and utility easement must be retained over the property.
Emergency vehicles will maintain access through changes made to the
private Declaration of Driveway Easement per City Attorney
(attached).
Statute 164.07 Subd. 2 requires the City notify the DNR commissioner
via certified mail at least 30 days in advance to allow comment on any
1: \99files\99vac\99-069\99069cc3 .doc
Page 2
proposed vacation of public way adjacent to a DNR designated body
of water. While a notice ofthe hearing was sent on November 5,
1999, and the City received comments from Pat Lynch, Area DNR
Hydrologist on November 12, 1999, the DNR objected to the
December 6th vacation hearing due to inadequate notice time. On
November 18, 1999, a certified notice was mailed to the DNR
Commissioner. On December 6, 1999, the City Council continued the
public hearing to December 20, 1999, in order to comply with State
statutes.
Attached are additional DNR comments. Also attached is a letter from
the Minnesota Attorney General's office supporting the DNR position.
The DNR is opposed to the vacation due to the limited amount of
public lakeshore on Prior Lake. The DNR is concerned about limiting
public access to the lake. As the Council is aware, the Lake Advisory
Committee study of Lake Accesses was completed a few years ago to
assure that public access continues to exist. Second, this road right-of-
way has not been used for access purposes to the best of our
knowledge. On issues such as this, the DNR position is advisory, not
mandatory.
Charlotte Roehr has also applied for a building permit for this site. On
December 9, 1999, a letter of outstanding permit issues was sent to
Ms. Roehr's architect. The staff has been working with the architect to
ensure the building and grading permits can be issued upon approval
of this vacation. Staff is awaiting approval of a DNR permit to allow
fill below the 904 elevation prior to issuing the ExcavatingIFilling
Permit.
Conclusion: The vacation of this right-of-way is not inconsistent with
the intent of the Comprehensive Plan. The question of public need is
satisfied by retaining utility/drainage easements. The Planning
Commission recommends approval of the vacation of the roadway
subject to the following three conditions:
1. Private Declaration of Driveway Easement be amended per Exhibit
A (City Attorney's recommended changes) to ensure emergency
vehicle access, signed by the property owners and other necessary
parties, and recorded.
2. A drainage and utility easement be retained over the vacated right-
of-way and proper documentation recorded.
3. This resolution will only be recorded upon submittal of proof of
recording of the private Declaration of Driveway Easement and
utility and drainage easements documents.
ALTERNATIVES:
The City Council has three alternatives:
1: \99files\99vac\99-069\99069cc3 .doc
Page 3
RECOMMENDED
MOTION:
REVIEWED BY:
1:\99fi1es\99vac\99-069\99069cc3.doc
1. Adopt Resolution 99-XX approving the vacation as requested and
subject to the listed conditions.
2. Deny the vacation. In this case, the Council should direct staff to
prepare a resolution denying the vacation.
3. Continue the public hearing and provide staffwith specific
direction.
Staff recommends Alternative #1. A motion and second to adopt
Resolution 99-XX approving the vacation of a portion of the 20 foot
platted roadway in Red Oaks subject to the listed conditions.
1
Page 4
RESOLUTION 99-XXX
JrllV So~ ~
NE RESOLUTION PROVIDING FOR THE VACATION OF RED OAKS ROAD
LOCATED ADJACENT TO LOTS 27-37 RED OAKS
BY:
SECOND BY:
WHEREAS, on November 1, 1999, the City Council adopted Resolution 99-120 initiating the
vacation of Red Oaks Road located on the following described property situated in
the City of Prior Lake, Minnesota to wit: that part of the 20 foot road adjacent to the
northeasterly, easterly and southeasterly lines of Lots 27 to 37, RED OAKS, Scott
County, Minnesota, lying northerly of the northeasterly extension of the southeasterly
line of said Lot 27 and southerly of the southeast line of said Lot 37; and
WHEREAS, notice of the hearing on said petition has been duly published and posted in
accordance with the applicable Minnesota Statutes; and
WHEREAS, on November 8, 1999, the Planning Commission reviewed the vacation request for
compliance with the Comprehensive Plan and with regards to public need and
recommend the City Council approve the requested vacation; and
WHEREAS, the City Council held a public hearing on said petition on Monday, December 6,
1999, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1 and
continued the hearing to December 20, 1999 to allow for 30 day statutory comment
from the DNR; and
WHEREAS, the City Council continued the public hearing on said petition on Monday, December
20, 1999, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and
WHEREAS, the City Council proceeded to hear all persons interested in said petition and persons
interested were afforded the opportunity to present their views and objections to the
granting of said petition; and
WHEREAS, the City Council of Prior Lake has determined that the vacation of said roadway is
consistent with the Comprehensive Plan and is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to
Minnesota Statues 412.851, the following described portion of the roadway easement situated on the
above described property in the City of Prior Lake, Scott County, Minnesota is hereby vacated upon
satisfaction of the attached conditions:
Legal Description:
That part of the 20 foot road adjacent to the northeasterly, easterly and southeasterly lines of Lots 27
to 37, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of the
southeasterly line of said Lot 27 and southerly of the southeast line of said Lot 37.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
1:\99fi1es\99vac\99-069\rs99xx2c.doc Page 1
AN EQUAL OPPORTUNITY EMPLOYER
BE IT FURTHER RESOLVED, the City Council finds that the vacation is not inconsistent with the
Comprehensive Plan; and
BE IT FURTHER RESOLVED, that subject to the satisfaction of the conditions set out below, the
Council finds the vacation is not inconsistent with the public interest:
1. Private Declaration of Driveway Easement be amended per Exhibit A (City Attorney's
recommended changes) to ensure emergency vehicle access, signed by the property owners and
other necessary parties, and recorded.
2. A drainage and utility easement be retained over the vacated right-of-way and proper
documentation recorded.
3. This resolution will only be recorded upon submittal of proof of recording of the private Declaration
of Driveway Easement and utility and drainage easements documents.
Passed and adopted this 20th day of December 1999.
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
YES
NO
Frank Boyles, City Manager
1: \99files\99vac\99-069\rs99xx2c.doc
Page 2
OFFICE OF THE ATTORNEY GENERAL
STATE OF MINNESOTA
SUITE 900
MIKE HATCH
ATTORNEY GENERAL
REET
ST. PAUL, MN 55101-2127
TELEPHONE: (651) 297-1075
December 10,1999
Ms. Jenni Tovar, Planner
City of Prior Lake
16200 Eagle Creek Avenue S .E.
Prior Lake, MN 55372
Re: Proposed Vacation of Red Oaks Road
Dear Ms. Tovar:
The purpose of this letter is to support the objection of the Department of Natural
Resources to the proposed vacation of Red Oaks Road by providing the legal backdrop regarding
the issue. Minnesota law prohibits the vacation of property dedicated for public use unless the
persons requesting the vacation prove that the property is useless both now and in the future for
the purpose for which it was laid out. It is an extremely high standard which is rarely satisfied.
The standard is justifiably high because if the property is vacated the public will lose forever
another public water access site. It is important to preserve lake access for the public because
development occurring on lakes impairs, and often eliminates, access and enjoyment of lakes by
those members of the public who cannot afford or do not own lakeshore property.
The standard for vacating property dedicated to public use is extremely high. Land that is
dedicated to the public should not be vacated unless it appears that the property "is useless for the
purpose for which it was laid out." Minn. Stat. S 505.14 (1998). Property dedicated to the public
for its use is rarely vacated because it must be shown that the property is both currently useless
for the purpose for which it was laid out and also that it lacks any potential future uses as well. It
does not matter that the property is not currently used or that it may be difficult to develop for its
dedicated purpose. It is also not a balancing test as to what is in the public's best interest.
Rather, the focus is on the public's right to use the property and whether the property is useless
for its dedicated purpose. Three key Minnesota Supreme Court cases set forth the rule.
In Schaller v. Town of Florence, 193 Minn. 604, 259 N.W. 529 (1935), the plaintiff
sought to vacate property located on Lake Pepin. The Court warned that careful consideration
needs to be accorded such vacations and that it is the public interests and not private interests
which govern those actions:
Whether this very desirably located area, solemnly dedicated to public use, should
be restored to private ownership and thus, perhaps for all time to come, lost to the
Facsimile: (651) 297-4139. TTY: (651) 296-1410. Toll Free Lines: (800) 657-3787 (Voice), (800) 366-4812 (TTY). www.ag.state.mn.us
An Equal Opportunity Employer Who Values Diversity 0 Printed on 50% recycled paper (15% post consumer content)
(~~E)
Ms. Jenni Tovar, Planner
December 10,1999
Page 2
public and made an appendage to private enterprise for individual profit or
enjoyment, or both, is a matter that should receive our most careful consideration.
The present trend of public opinion is directed toward restoring to the public
access to our lakes, our parks, and our forests for recreational and other proper
uses.
193 Minn. at 614, 259 N.W. at 534-35 (emphasis added, citation omitted).
Likewise, in the case of In Re Petition of Krebs, 213 Minn. 344, 6 N.W.2d 803 (1942),
the petitioner sought to vacate a street leading to Lake Bemidji. The petitioner claimed that the
street proposed to be vacated was not used by the public and was not kept in repair. The Court
rejected those assertions stating that mere non-use is not sufficient grounds for vacation and
future potential use must be considered:
Before it can be vacated, it must appear that the street is useless for that purpose.
The evidence shows only that the street is not now used. This is not sufficient. It
does not show that the street may not be used in the future . .. Moreover, we
must not forget that the public includes persons other than those in the immediate
vicinity. The general public has a true concern in the recreational facilities offered
by the lakes which nature has so freely given us in this state. Their generous
sharing by all will make for a healthier and happier people. The many not
fortunate enough to be able to acquire the advantages of ownership of lake shore
properties should not be deprived of these benefits.
213 Minn. at 347,6 N.W.2d at 804-5 (emphasis added).
In Krebs the petitioner also contended that the street should be vacated because the public
could get to the lake more conveniently by other routes. The Court firmly rejected that
contention refusing to give any weight to the existence of other means of access: "[T]he question
for consideration here is whether [the] street is useless, not whether some other street is more
useful. The burden of making such a showing has not been met by petitioners." 213 Minn. at
348,6 N.W.2d at 805 (emphasis added).
Finally, in the case of In Re Application of Baldwin, 218 Minn. 11, 15 N.W.2d 184
(1944), the petitioners attempted to vacate an unconstructed dedicated street providing access to
Lake Minnetonka relying on the alleged non-use of the street and the fact that there were other
means of access. The Court disagreed emphasizing the rights of the public and directing that the
statutory term "useless" should not be given any restricted meaning:
, ' .
Ms. Jenni Tovar, Planner
December 10,1999
Page 3
Apparently lost in the shuffle were the rights of the public in the lake itself, for
neither party seems to have given much consideration to the value of the Lake
Street, located as it is on the shores of St. Albans Bay, in providing lake frontage
and shore line for the use of the public for recreational purposes . .. The contest
here is not a mere bout between private individuals with members of the public
acting in the role of spectators. The public has a real and substantial interest in
the outcome. .. Keeping in mind the value to the public of free access to and use
of the lake shore, we at a loss to know how any part of Lake Street has become
useless with in the meaning of that term as commonly defined. The word 'useless'
which appears in . .. ~ 505.14 . . . should not be given any restricted meaning.
Courts should ascribe to it the well-accepted connotation: 'not serving or not
capable of serving any valuable purpose; being of no use; having or being of no
use; unserviceable; producing no good end; answering no desired purpose. '
218 Minn. at 15-18, 15 N.W.2d at 186-87 (emphasis added, citations omitted). As the Court
warned: "[A]ny decree of vacation must be supported by clear proof that the street has in fact
become 'useless' to the public in the full and unrestricted meaning of that term." 218 Minn. at
19, 15 N.W.2d at 188.
In this case, DNR asserts that the facts demonstrate that the property can be used, both
now and in the future, by the public in numerous ways throughout the year. As a matter of law, it
does not matter that the property may have been used little, if at all, by the public. This is
especially true in those cases where the public is not even aware that it had the right to use the
property. It also does not matter that the property is undeveloped. Finally, it does not matter if
there are other public access sites on the lake or that if vacated the property may return to the tax
rolls. The essential and only issue is whether the property is useless both currently and in the
future using the unrestricted definition of "useless" ascribed to it by the Court in Baldwin:
not serving or not capable of serving any valuable purpose; being of no use;
having or being of no use; unserviceable; producing no good end; answering no
desired purpose.
. . ,
Ms. Jenni Tovar, Planner
December 10,1999
Page 4
If the facts show that the property is useable in its current state for its dedicated purpose or that it
has potential future uses, it cannot be deemed useless and cannot be vacated. To do otherwise
would clearly be unwarranted, contrary to well-established law and detrimental to the public's
recreational needs by taking away another public water access site forever.
Very truly yours,
~C~R~~
Assistant Attorney General
(651) 296-0697
cc: Scott J. Kelling
Bill Johnson
Kathleen Wallace
Pat Lynch
AG:334235, v. 1
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Decembei 9. 1999
Charlie Brown
TSP One Inc.
21 Water Street
Excelsior, MN 55331
RE: Charlotte Roehr 15322 Red Oaks Road Permits
Dear Charlie,
This letter is written in response to your inquiry of the status of Charlotte's permits.
Demolition Permit: No permit has been applied for as of yet. Enclosed is a Demolition Permit application.
Any fees associated with this permit can be combined with the Building Permit.
Building Permit:
1. Assent Form for Resolution 99-11PC and 99-12PC needs to be signed with Charlotte's signature as the
property owner.
2. ExcavatingIFilling Permit must be approved by the Engineering Department.
3. Assuming the vacation is approved by the City Council, a revised impervious surface worksheet will
be required as Charlotte's lot area and impervious surface will be increasing.
4. Survey must indicate proposed "lowest" floor rather than basement elevation.
5. Low spot on Lot 28, needs a culvert under the driveway.
6. Erosion control plan.
7. Approval from DNR to fill below 904 elevation.
8. Driveway to be hard surfaced.
ExcavatinglFilling Permit: See attached letter from Engineering Department.
If you have any questions regarding these items, please do not hesitate to call me. It is our intention to have
your permits pre-approved to the vacation of Red Oaks Road by the City Council on December 20, 1999.
We will not issue your excavation/filling permit until written approval is received from the DNR.
Thank you for your attention to these issues.
rt4sure;;~~ ~jvtJCuJ
i Tovar
lanner
Cc: Sue McDermott, Assistant City Engineer
Paul Baumgartner, Building Plans Examiner
Don Rye, Planning Director
Frank Boyles, City Manager
L:\99FILES\99CORRES\JENNI\15322permitstatus.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Charles Brown
TSP ONE, INC.
21 Water Street
Excelsior, MN 55331
SUBJECT:
APPLICATION FOR EXCA V ATING/FILLING PERMIT
15322 RED OAKS ROAD
Dear Mr. Brown:
The Engineering and Planning Departments have reviewed the subject permit application for
construction of a driveway at the subject property and have the following comments:
1 co:1.. .c____ _.......1.._ :_~..~11_,l ~~ :_,l:_~.._,l __ ..1._ _....__1._,1 ~.._._.. ~_,1 :_~___.._,ll... ,-.:....
.1. ~Ju. J.~11"t;i lu.u~n. U~ Ul.;:)LQ.l1,",U Q.;:t UIUJ.",au..,Y VU Ulw aLLa'-'U"'u. "~1 Y"'] auu lU.;:)f-"J"'U;;U u~ '-1...1'
staff prior to any land disturbing activity. Call Walter Ehresmann in the Engineering
Department at 447-9837 to arrange the inspection.
2. A culvert will be needed to drain the low spot at the northeast comer of Lot 28 on
the west side of the proposed driveway.
3. There appears to be grading on the adjacent two properties. A letter of permission
from the adjacent property owners is needed.
4. A permit is required from the DNR for any activity below the 904 elevation. The
excavating and filling permit will not be issued until DNR approval is obtained.
5. The driveway entrance as shown on the plan does not appear to be consistent with
the location of the existing curb cut. If the driveway is located outside of the
existing platted roadway, an additional easement will be required from the property
owner to locate the driveway on private property.
6. The entire driveway needs to be hard surfaced per the Zoning Ordinance. It must be
paved with asphalt or concrete and indicated on the plan.
If you have ariy questions, please call me at 447-9832.
Sincerely,
~w ~~--rt
Sue McDermott, P.E.
Assistant City Engineer
City of Prior Lake
cc: Jenni Tovar, Planner
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
G:\LETIERSlSUE99\GPROEHR.DOC AN EQUAL OPPORTUNITY EMPLOYER
NOV 30 '99 10: 16AM HUEMOELLER & BATES
P.V7
FAX TRANSMISSION
BUEMOELLER & BATES
16670 franklin Trail
Prior L.lke, MN 55372
(612) 447-2131
Fax: (612) 447-5628
To: Jenni Tovar - City of Prior Lake Date:
Fax #: 447-4245 Pages:
From; Bryce Huemoeller
Subject: Red Oaks Vacation
November 30, 1999
lof?
CONFJDENT/ALlTY NOTICE; The documenr(s) acco7flpa"ying rhis fax. c(.I1ftain confld,nrial information 'N/zich is legally
privileged. The mj'onnafion is inrended only jQr rhe US~ oftA, iTllended ncipieflf. lfyou arB not the intended recipient, you
are hllreby norifitd rh~t any disdo.\.ure, copyillg, distriburion 0' the taki1lg of any action in reliance on the colllenlS of the
teleeopilld info7mlJli01lIl;rcept its direct delivery to the intended ,tlcipiefl' named above is strictly I'tOhibiled. If yol/. have
received lhis faz in error, please norify liS im1l'l~diat,J.'f by telephont to arrange for relum of rile original documents 10 us.
COMMENTS:
I have revised the proposed Driveway Easement in response to Sues an Pace's
comments:
1. A new Paragraph 2 has been added for the use of the easement by emergency
personnel.
2. Paragraph 3 (formerly 2) has been revised to prevent interference with
emergency vehicles and persolUlel.
3. The fIrst page has been reformatted so that the document can be flIed as a
standard document.
cc: Suesan Lea Pace, Esq. (via fax 338-7858)
cc (via mail): Charlotte L. Roehr
Michael and Ann Finnegan
Robert and Selma Kist
NOV 30 '99 10:16AM HUEMOELLER & BATES
P.2/7
DECLARATION OF DRIVEWAY EASEMENT
This agreement is made effective , 1999, by ROBERT P. KIST
and SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E.
FINNEGAN, husband and wife, and CHARLOTTE L. ROEHR, a single person (the
Kists, Finnegans and Roehr being collectively referred to herein as the "Declarants").
RECITALS
A. The Kists are the owners of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 27, RED OAKS, Scott County, Minnesota, EXCEPT that part of said Lot
27 lying southwesterly of a line described as commencing at the most easterly
comer of said Lot 27; thence southwesterly along the southeasterly line:: of said
Lot 27 a distance of 77.90 feet to the point of begirming of the line to be
described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to
the right a distance of 249.5 feet to the northwesterly line of said Lot 27, and
said line there terminating.
AND
That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED
OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension
of the southeasterly line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
113099
I
NOV 30 '99 10:17RM HUEMOELLER & BRTES
P.3/7
B. The Finnegans are the owners of real property in Scott County, Minnesota,
legally described as follows, to-wit:
Lot 28, RED OAKS, Scott County, Minnesota.
AND
That part of Lot 29, RED OAKS, described as follows: Commencing at the
southeast corner of said Lot 29, the same being the northeast corner of Lot 28 of
said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed
bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the
point of beginning of the land to be described; thence North 62 degrees 09
minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence
South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet
to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42
seconds East 159.66 feet, along said southerly line to the point of beginning.
AND
That part of the 20 foot Road adjacent to the easterly line of Lots 28 and 29,
RED OAKS, Scott County ~ Minnesota~ lying northerly of the southeasterly
extension of me southerly line of said Lot 28, and southerly of the southeasterly
extension of the northerly line of that part of said Lot 29 described as follows:
Commencing at the southeast corner of said Lot 29, the same being the northeast
comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds
West (assumed bearing) along the southerly line of said Lot 29, a distAnce of
13.89 feet to the point of beginning of the land to be described; thence North 62
degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot
29; thence South 32 degrees 00 minutes 40 seconds West along said westerly
line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21
minutes 42 seconds East 159.66 feet, along said southerly line to the point of
beginning.
C. Roehr is the owner of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 29, RED OAKS, Scott County, MinnesotA, EXCEPT that part described as
follows: Commencing at the southeast comer of said Lot 29, the same being the
northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42
2
NOV 30 '99 10: 17AM HUEMOELLER & BATES
P.4/7
seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
AND
Lots 30, 31, 32 and 33, RED OAKS, Scott COUnty, Minnesota.
AND
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 29 to 33, RED OAKS, Scott County, Minnesota, lying southerly of the
southeasterly extension of the northerly line of said Lot 33, and northerly of the
southeasterly extension of the northerly line of that part of said Lot 29 described
as follows: Commencing at the southeast comer of said Lot 29, the same being
the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes
42 seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to rhe southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
NOW, THEREFORE, the Declaranrs hereby declare and establish a
nonexclusive perpetual easement for ingress, egress, driveway and utility purposes,
which shall be appurtenant and run with the title to each of the above described parcels
(which are referred to herein individually as a "Parcel" and collectively as the
"Parcels"), and subject to the covenants and charges herein, over, across and upon the
following portions thereof (the "Driveway Easement"), to-wit:
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 27 to 29, RED OAKS, Scott County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27, and southerly of
the southeasterly extension of the northerly line of that pan of said Lot 29
3
NOV 30 '99 10: 18AM HUEMOELLER & BATES
P.5/7
described as follows: Commencing at the southeast comer of said Lot 29, the
same being the northeast corner of Lot 28 of said plat; thence N ortb 68 degrees
21 minutes 42 seconds West (assumed bearing) along the southerly line of said
Lot 29, a distance of 13.89 feet to the point of beginning of the land to be
described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to
the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds
West along said westerly line 17.29 feet to the southerly line of said Lot 29;
thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said
southerly line to the point of beginning.
I. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The
owners of each of the Parcels shall perform, as and when such owners c1eem necessary,
and pay the cost of such improvements to and maintenance of the Driveway Easement
as may be reasonably necessary for access to the owners' Parcel.
(b) Restoration. If the Driveway Easement or any improvements thereto
are damaged or destroyed by any cause, any owner who has use for the Driveway
Easement may restore it.
(c) Other Rights. Nothing in this Declaration shall prejudice the common
law or statutory rights of any owner to recover from any other owner for negligent or
willful acts or omissions.
2. EMERGENCY ACCESS. A general easement is hereby granted to all
police, ftre protection, ambulance and other similar emergency agencies and personnel
to enter upon and use the Driveway Easement in the proper performance of their duties.
3. LIMIT A TION. No owner of a Parcel shall cause or permit obstruction of or
interference with the rights in or use of the Driveway Easement by any other owner or
emergency vehicles and personnel.
4. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and
inure to the benefit of each owner of the Parcels, and their respective heirs, successors
and assigns, for a tenn of 20 years from the date it is rlled for record. Thereafter, this
Declaration shan automatically renew for successive periods of 10 years.
(b) Amendment. This Declaration may be amended with the written
approval of all record owners of the Parcels. Any amendment shall be made in flleable
form and effective on the date filed for record of filing with the Scott County Registrar.
4
NOV 30 '99 10: 18AM HUEMOELLER & BATES
P.6/7
(c) Plural. The singular shall include the plural, and plural may be read
as singular, where appropriate, and unless the context otherwise requires.
(d) Gender. The masculine gender may be read as the feminine gender
.,... or the neuter gender, where appropriate, and unless the context otherwise requires.
(e) Liability. The obligations of the owners of the respective Parcels
shall be joint and several, except where the context otherwise requires.
(f) Enforcement. Any owner may enforce~ by a proceeding at law or in
equity, or both, any provision of this Declaration. The proceeding may seek to restrain
the violation and to recover the damages resulting therefrom, together with the costs of
the proceeding, including reasonable attorneys I fees.
(g) Captions, The captions herein are inserted only for convenience and
reference and do not limit the scope of this Declaration.
(h) Severability. Invalidation of any provision of this Declaration by any
Court shall not effect the remainder hereof, which shall continue in full force and
effect.
ROBERT P. KIST
MICHAEL G. FINNEGAN
SELMA KIST
ANN E. FINNEGAN
CHARLOTTE L. ROEHR
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this
_ day of , 1999, by Robert P. Kist and Selma Kist, husband and wife.
Notary Public
5
NOV 30 '99 10: 18AM HUEMOELLER & BATES
P.7/7
STATE OF MINNESOTA)
)85.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this
- day of , 1999, by Michael G. Finnegan and ADD E. Finnegan, husband
and wife.
NOTary Public
STATE OF MINNESOTA)
)S5.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this
- day of , 1999, by Charlotte L. Roehr, a single person.
Notary Public
This instrument was drafted by:
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
6
FROM
(WED) 11. 10' 99 15: 56/ST. 15: 54/NU. "<LOUD;>"'''''''' .
EXHIBIT A
I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain .. ss
~ .......... "r -r
Parks Natural Features ( Legal Issues I
Assessment Electric ......
Policy
Septic System Gas BuildinQ Code
Erosion Control Other
Recommendation:
Approval
Denial
L Conditional Approval
COm~ ~".
~~i€~$~~g
~~~L~~d;~~~~.~
Signed:
~ ~ PIJ.U-.
Date:
1rt.bu. q J Jerq <1
Please return any comments by Fridav. November 19,1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake. MN 55372
Phone: (612) 447-9813
Fax: (612) 447-4245
f:\dept\planning\99fi1es\99vac\99-Q69\referral,doc
Page 2
FROM
(WED) 11. 10' 99 15; 58/ST. 1:>; :>"lJNU. <<LOUD;;>"''''''''' .
DECLARATION OF DRlVEWA Y EASEMENT
This agreement is made effective October.-..-, 1999, by ROBERT P. KIST and
SELMA KIST. husband and wife, MICHAEL G. FINNEGAN and ANN E.
FINNEGAN, husband and wife, and CHARLOnE L. ROEHR, a single person (the
Kist5, Finnegans and Roehr being collectively referred to herein as the "Declarants,").
RECITALS
A. The Kisr.s are the owners of real property in Scott County, Minnesota,. legally
described as follows, to-wit:
Lot 27, RED OAKS, Scott County, Minnesota, EXCEPT that part of said Lot
27 lying southwesterly of a line described as commencing at the most easterly
comer of said Lot 27; thence southwesterly along the southeasterly line of said
Lot 27 a distance of 77.90 feet to the point of beginning of the line to be
described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to
the right a distance of 249.5 feet to the northwesterly line of sa.i~ Lot 27, and
said line there terminating:
AND
That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED
OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension
of the southeasterly line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
B. The Finnegans are the owners of real propeny in Scott County, Minnesota,
legally described as follows, to-wit:
Lot 28, RED OAKS, Scan Coumy. Minnesota.
AND
That part of the 20 foot Road adjacent to the easterly line of Lot 28, RED
OAKS, Scott County, Minnesota, lying nonherly of the southeasterly extension
of the southerly line of said Lot 28, and southerly of the southeasterly extension
of the northerly line of said Lot 28.
1
FROM
(WED) 11. 10' 99 15: 59/ST. 15: 54/NU. qLOUO.::sL,,*"L r 0
C. Roehr is the owner of real property in Scott County, Minnesota, legally '-
described as follows. to-wit:
Lot 29. RED OAKS. Scott County, Minnesota, EXCEPT that part described as
follows: Commencing at the southeast corner of said Lot 29, the same being the
northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42
seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of'said Lot 29; thenceSoum 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of begmnm.g.
AND
Lors 30,31.32 and 33. RED OAKS, Scott County, Minnesota.
AND
That -part of the 20 foot Road adjacent to the northeasterly and easterly lines of
.\ Lots 29 to 33, RED OAKS, Scan County, Minnesota, lying northerly of the
j~ ) southeasterly extension of the southerly line of said Lot 29 and southerly of the
~. ZtI southeasterly extension of the northerly line of said Lot 33.
~.~ .;
f'. l'i' NOW THEREFORE the Declarants hereby declare and establish a
._v-~. v>' nonexclusiv perpetual easement or ingress, egress, driveway and utili purposes,
" " tT w' ch shall be app en~ run wuh e U e to each of the above described parcels
f'lJ. (which are referred to herein individually as a "Parcel" and collectively as the
f..JI "Parcels"), and subject to the covenants and charges herein, over, across and upon the
following portions thereof (the "Driveway Easement"), to-wit:
That pan of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 27 and 28, RED OAKS, Scan County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27 and southerly of
the southeasterly extension of the northerly line of said Lot 28.
1. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The
owners of each of the Parcels shall perform, as and when such owners deem necessary,
2
FROM
(WED) 11.10' 99 15:59/ST. 15:54/NO. 42bUb::;;'U.ltL r ';J
and pay the cost of such improvements to and maintenance of the Driveway Easement
as may be_reasonably necessary for access to the owners' Parcel.
1
}.JI f\ .
(b) Restoration. If the Driveway Easement or any improvements thereto
are damaged or destroyed by any cause, any owner who has use for the Driveway
Easement may restore it. .' U~ buJ- 1J:>f
( ) Oth R' h N tho . . D' . . A~th . ~ ~~
c er 19 ts. 0 mg ill this eclaratlon shall preJu lc~o~on ~MC{~
law or statutory righrs of any owner to recover from any other owner r negligent or
willful acts or omissions. lJALy. U'L w..4d.e.' ~ h....... #.4- .
~~~~fD /..U.A--"..:l1LL ~~en+-
2. LIMITATION, No owner of a Parcel shall cause or permit obstruction of & -:, ~~
interference with the rights in or use of the Driveway Easement by any other owner. . "" ~
3. eM€e~'1 v&tna€'S: -i'" 1'l.IJA1Hfi..f< (UH'''IJ'~ j.1...J 4QFl1uL'll111:l\. f1M1~
4. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and "'" ~
inure to the benefit of each owner of the Parcels, and their respective heirs, successors'1r 4:&L
and assigns, for a term of 20 years from the date it is filed for record. Thereafter, this
Declaration shall automauca1ly renew for successive periods of 10 year.s 0
I
(b) Amendment. This Declaration may be amended with the ~~
approval of all record owners of the Parcels. Any amendment shall be made ~
form and effective on the date filed for record of fUing with the Scott County Registrar.
(c) Plural. The singular shall include the plural, and plural may be read
as singular, where appropriate, and unless the context otherwise requires.
(d) Gender. The masculine gender may be read as the feminine gender
or the neuter gender, where appropriate. and unless the context otherwise requires.
(e) Liability. The obligations of the owners of the respective Parcels
shall be joint and several, except where the context otherwise requires.
(f) Enforcement. Any owner may enforce, by a proceeding at law or in
equity. or both. any provision of this Declaration. The proceeding may seek to reso-ain
the violation and to recover the damages resulting therefrom, together with the cosrs of
the proceeding, including reasonable attorneys' fees.
(g) Captions. The captions herein are insened only for convenience and
reference and do not limit the scope of this Declaration.
3
FROM
lVY.t..lJJl1. IV ':1':1 lO:UU/Ol. 17;:;JLf/J~\..I. '"'TLUVU;;lL~;3L
(h) Severability. Invalidation of any provision of this Declaration by any
Coun shall not effect the remainder hereof, which shall continue in full force and
effect.
MICHAEL G. FINNEGAN,
ROBERT P. KIST
ANN E. FINNEGAN
SELMA KIST
CHARLOTTEL.ROEHR
STATE OF MINNESOTA)
)S5.
COUNTY OF )
."j;-
This Declaration of Driveway, Easement was acknowledged before me on this -
day of , 1999, by Robert P. Kist and Selma Kist, husband and wife.
Notary Public
ST ATE OF MINNESOTA)
)55.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this -
day of , 1999, by Michael G. Finnegan and Ann E. Finnegan, husband and
wife.
Notary Public
4
-
FROM
(WED) 11. 10' 99 If>:OO/;:j1. l:>::><jjJ~U. ..",uuu",,"'''',,''' . ..
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this -
day of . 1999, by Charlotte L. Roehr, a single person.
Notary Public
This instrument was dr:1fted by:
HUEMOELLER & BATES
16670 Franklin Trail
prior Lake, MN 55372
5
rtiUM
lVV.t.lJ} 11. lU '::1':;1 lO:UU/i::i.l. l?::::;l'"t/J"U. Lt"..!:UUU.;JL""1'::rL J: J.L
LEGAL DESCRIPTION FOR VACATED ROAD
That part of the 20 foot Road adjacent to the northeasterly, easterly and
southeasterly lines of Lots 27 to 37, RED OAKS, Scott County, Minnesota,
lying northerly of the northeasterly extension of the southeasterly line of sai~ Lot
27 aDd southerly of the southeast line of said Lot 37.
If
DEPARTMENT OF
NATURAL RESOURCES
November 22, 1999
1200 Warner Road
Saint Paul Minnesota 55106
Phone 651.772.7937
Facsimile 651.772.7977
Ms. Jenni Tovar, Planner
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
Subject: Petition to Vacate a Portion of Red Oaks Road Right of Way - Public Hearing Notice
Dear Ms. Tovar:
On November 22, 1999, the Department of Natural Resources received a letter from the City of Prior
Lake and a Notice of Public Hearing to Consider the Vacation of a Portion of Red Oaks Road both dated
November 18, 1999. The public hearing is scheduled for December 6, 1999 at Prior Lake Fire Station #1.
Minnesota Statutes 164.07, Subd. 2, requires "...petitioners shall serve notice of the order by certified
mail upon the commissioner of natural resources at least 30 days before such meeting if the road to be
vacated terminates at or abuts upon any public water..."
The Department of Natural Resources will not agree to accept the hearing without the 30 days
notice required by statute. Please serve the DNR notice of the petition according to statute should
another hearing be scheduled.
Please feel free to contact me if you have any questions.
Sincerely,
..7,/ c-? /~
S ott J. Kelling (/ / /
Area Trails and Waterways Superv)SOr
c: Bill Johnson, Metro Region Trails and Waterways Supervisor
Joan 8chhorst, Office of the Minnesota Attorney General
Kathleen Wallace, Metro Regional Administrator
Pat Lynch, DNR Area Hydrologist
Itlprlarv__wpd
If
East Metro Area Trails and Waterwa s
Sa'
DEPARTMENT OF
NATURAL RESOURCES
Phone 651.772,7937
Facsimile 651.772.7977
December 2, 1999
Ms. Jenni Tovar, Planner
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
Subject: Petition to Vacate a Portion of Red Oaks Road Right of Way - Public Hearing Notice
Dear Ms. Tovar:
I have reviewed the information concerning the above application for vacation. Our department has
looked into this matter carefully, and has decided to oppose this vacation.
Generally, the Department of Natural Resources opposes all such vacations of public right of way
adjacent to public waters for a number of reasons:
. It is impossible to project what potential public uses and value public shoreline could have in the
long-term. Once vacated, it is lost to the public forever.
. The state owns the lake bed. Therefore, public access to public water should be retained
whenever and wherever possible.
. The street is currently owned by the public. It should not be given away to private interests.
. The public can potentially use shoreline like that at Red Oaks Road for a variety of purposes
including shore fishing, canoe access, winter access, swimming, picnic areas, sightseeing and
others. These opportunities should not be given away.
The Red Oaks Road Easement has additional outstanding features. Vacating the site would be a
very significant loss:
. The amount of shoreline proposed to be vacated is substantial, thereby increasing its long-term
potential for public use.
. The proposed vacation is located in an area with increasing population. This opportunity for
Minnesotans to access their lake should be preserved.
. Prior Lake is currently under-served in terms of public access. This site offers an additional
long-term opportunity for the public to access a public lake.
We recognize that immediate utility of this public shoreline is limited, and that its current best use is as an
access road to private property, but recommend that the city retain ownership in the long-term interest of
the public. It is a disservice to state and local residents to give away valuable public property to
accommodate a single individual. The city should continue to explore options for accommodating the
needs of the affected private interests, but retain ownership.
This road vacation proposal should be denied.
Thank you for the opportunity to comment on this proposal. If you have further questions, please contact
me.
Sincerely, /.
~?#2-
Ar~= ~ra~:l~: Waterways . pervisor
c: Bill Johnson, Metro Region Trails and Waterways Supervisor
Joan Eichhorst, Office of the Minnesota Attorney General
Kathleen Wallace, Metro Regional Administrator
Pat Lynch, DNR Area Hydrologist
1t\prlalY-*_II_.wpd
RESOLUTION 99-120
RESOLUTION INITIATING THE VACATION OF A PORTION OF THE RED OAKS ROAD RIGHT-
OF-WAY ADJACENT TO LOTS 27-37, RED OAKS
BY:
Wuellner
SECOND BY:
Petersen
WHEREAS, Red Oaks Road adjacent to Lots 27-37, Red Oaks, is dedicated as a public road;
and
WHEREAS, this section of Red Oaks Road is not improved to City standards, and
WHEREAS, the adjacent property owners wish to make some improvements to this road; and
WHEREAS, in order to determine whether the vacation of this easement is or is not in the public
interest, the City Council has initiated the vacation process by motion.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant
to Minnesota Statues 412.851, the process for the vacation of a portion of the Red Oaks Road
right-of-way adjacent to Lots 27-37, Red Oaks, is hereby initiated.
Passed and adopted this 1 st day of November, 1999.
YES NO
MADER X MADER
KEDROWSKI X KEDROWSKI
PETERSEN X PETERSEN
SCHENCK X SCHENCK
WUELLNER X WUELLNER
{Seal}
1t'200~i[gfgle~~Jff~t~?~:k~~~?{~fr Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / ~~~e(~12) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Planning Commission Minutes
November 8, 1999
Cramer:
. Agreed with the Commissioners' views. Vacate the entire portion.
Tovar said this action will go before the City Council on December 6, 1999. The process
of vacating the entire roadway by the residents could take 3 to 6 months. It could be a
costly project for the City.
Anderson said the entire street was surveyed in 1994 by Valley Survey. It would only
have to be updated.
Rye said the City needs a survey of what needs to be vacated. It is a private roadway.
MOTION BY CRAMER, SECOND BY STAMSON, TO DENY THE VACATION
REQUEST AS PRESENTED.
Vote taken signified ayes by all. MOTION CARRIED.
MOTION BY CRAMER, SECOND BY STAMSON, TO RECOMMEND CITY
COUNCIL RESEARCH THE RIGHT-OF-WAY FOR VACATION.
Vote taken signified ayes by all. MOTION CARRIED.
~
?
B. Case File 99-069 Charlotte Roehr is requesting the vacation of a portion of
Red Oaks Road adjacent to Lots 27-37, Red Oaks.
Planning Director Don Rye presented the Planning Report dated November 8, 1999, on
file in the office of the Plan Director.
City Ordinance Section 1105.402 requires road access for uses permitted within
designated flood areas to have road access at or above an elevation of not more than 2
feet below the regulatory flood protection elevation. Therefore, the minimum road access
for structures on Prior Lake is 907.9. Charlotte Roehr has received an OHW setback and
driveway width variances. A condition of the variance was the road be elevated as
required by City Ordinance. Considering the road is public, there are options for a
private property owner to construct such improvements. Such options include entering
into a "Private Use of Public Property" Agreement, petitioning the City for a public
improvement proj ect, or requesting the City vacate the road.
The intent of the Comprehensive Plan will be met as well as satisfying the public need for
the utility/drainage easements. The Planning staff recommended approval of the vacation
of the roadway subject to the granting of a drainage and utility easement over the
roadway being vacated.
f:\dept\planning\99files\99p1comm\pcmin\mnII0899.doc II
Planning Commission Minutes
November 8, 1999
Comments from the public:
Bryce Huemoeller, representing Charlotte Roehr, said they were present to support the
request. Huemoeller explained this is an unusual plat, the road does not meet City
standards and has never been maintained by the City. They tried to do an agreement to
approve public property but felt that type of agreement was not appropriate for this use.
There are no other public interests that need to be considered. This affects 2 properties.
The utilities are not effected by the vacation. It solves an unusual and complicated
problem for the City by approving the vacation.
Comments from the Commissioners:
Stamson:
. Concurred with staff and their conditions.
. If the applicant has to maintain it, she should own it.
Cramer:
. Concurred with staffs recommendation. This is a very amicable solution.
V onhof:
. Agreed.
. Noticed the Declaration of Driveway Easement has not been signed by the property
owners.
. Huemoeller said the neighbors will sign after the approved vacation.
. A signed copy should be included in this vacation. There should be a legal
instrument.
MOTION BY VONHOF, SECOND BY STAMSON, TO APPROVE THE REQUEST.
Vote taken indicated ayes by all. MOTION CARRIED.
7. Announcements and Correspondence:
A. Proposals for Planning Commission Bylaw changes.
There were no concerns for changes.
8. Adjournment:
The meeting adjourned at 9:52 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
1:\99fi1es\99plcomm\pcmin\mnI10899.doc
12
',TOPOGRAPHIC SURVEY PREPARED FOR:
, CHtRlom ROEHR
'~15.322 RED OAKS ROAD S.E.
PRIOR LAKE. MN. 55.372
~j'f;{;!I$.
EXHIBIT A ~'N
VALLEY SURVEYlNG CO., P.A.
16670 FRANKUN TRAIL SE. SUITE 230
PRIOR LAKE MN. 55.372
PH. (612) 4-47-2570
FAX (612) 447-2571
. N88"26' JSW
120,00
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29: thence South ,32 \Jeqrees 00 m"'lltes. ~o 3ecOClOS 'N~t Jjonq wid ...~:"er1y
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RESOLUTION 99-11PC
A RESOLUTION APPROVING A 26.0 FOOT V ARIAi~CE TO PERMIT A
SETBACK FROM ORDINARY HIGH WATER MARK OF 49.0 FEET INSTEAD
OF THE REQUIRED SETBACK OF 75.00 FEET.
BE IT RESOL YED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Charlotte Roehr has applied for variances from the Zoning Ordinance in order to
permit the construction of a single family residence with attached garage on property
located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake
EXCEPT that part described as follows: Commencing at the southeast corner
of said Lot 29, the same being the northeast corner of Lot 28 of said plat;
thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along
the southerly line of said Lot 29, a distance of 13.89 feet to the point of
beginning of the land to be described; thence North 62 degrees 09 minutes 42
seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32
degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the
southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds
East 159.66 feet, along said southerly line to the point of beginning. And Lots
Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks
on Prior Lake according to the plat thereof files of record in the Office of the
Register of Deeds for Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #99-043 and held hearings thereon on July 12, 1999.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
f:\dept\planning\99files\99var\99-043\re99 1 1 pc. doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
/
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4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. There is no legal building envelope for the lot. The lot is a peninsula and therefore,
OHW setback averaging cannot be utilized. This results in a 75-foot OHW setback
and no legal building envelope.
6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of
the property does not exist without the granting of the variance. The applicant has
designed a house meeting the previous 50 foot OHW setback.
7. The proposed house will be setback farther from the lake and at a higher elevation
than the existing cabin as well as the adj acent structure. The proposed house will be
above the regulatory flood protection elevation.
8. The proposed structure with the variance granted is within DNR recommendations.
9. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is necessary to alleviate demonstrable hardship.
10. The contents of Planning Case 99-043 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance for future single family dwelling with attached garage as per Exhibit
A
,
1. A 26.00 foot variance to permit setback from Ordinary High Water, OHW of 49.00
feet instead of the required 75.00 foot setback.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The road access to the property must be at or above 907.9 elevation. A building
permit will not be issued until a plan has been approved (public or private) to raise to
road to be compliant with the required flood protection elevation road access of 907.9
f:\dept\planning\99files\99var\99-043\re9911 pc.doc
2
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2. A revised survey must be submitted indicating the screened porch and second story
deck meeting the 49.00-foot OHW setback. This must be submitted prior to the
issuance of a building permit.
3. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. An Assent Form mustbe signed and pursuant to Secti~n
1108.415 of the City Code, the variance will be null and void if the necessary permits
are not obtained for the proposed structure within one year after adoption of this
resolution.
Adopted by the Board of Adjustment on July 12, 1999.
~ili~
UST
Donald R. Rye, PI
f:\dept\planning\99files\99var\99-043\re99 1 1 pc. doc
3
VALLEY SURVEYlNG CO., P.A.
16670 FRANKUN TRAIL SE. SUITE 230
PRIOR LAKE MN. 55372
PH. (612) 4-47-2570
FAX (612) 447-2571
. N88"26' 45"W
120.00
EXHIBIT A
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I; TOPOGRAPHI\= SURVEY PREPARED FOR:
CHARLOTTE ROEHR
15322 RED OAKS ROAD S.L
PRIOR LAKE. NlN. 55.372
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?qOP~RTY O~SCRIPnoN .S pqOVlOEO:
Lot :9. .'?EO OAteS. on P1'iot '...,ak.. ~C~T t.hcJt Qcrt d...scribed 113 Icl.ow~:
Comm.enc:mq 0' the SQutneQ.$l ,,;otn'ltt .")1 'cUd J..ot 29. ~e 30fn~ ~dlnq tn. (\ottneQSl
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minut.. 4'2 'Kana (as, 159.66 te8t. ~onq 30tQ .5wthefly line to Ih. )Joint '31
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and
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OAKS on Prior LaM. occordinq to the ~IQt tn.eol filed 01 record in tn. vlnc.
0' In_ RaqiSI8t 01 Oeedl lot" ~ Scott C.ounty. MNtftes,gCQ.
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RESOLUTION 99-12PC
A RESOLUTION APPROVING A 15.0 FOOT V ARlANCE TO PERMIT A
DRIVEWAY WIDTH OF 39.0 FEET INSTEAD OF THE MAXIMUM WIDTH AS
MEASURED AT THE PROPERTY LINE OF 24.0 FEET.
BE IT RESOL YED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Charlotte Roehr has applied for a variance from the Zoning Ordinance in order to
permit the construction of a single family residence with attached garage on property
located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake
EXCEPT that part described as follows: Commencing at the southeast corner
of said Lot 29, the same being the northeast corner of Lot 28 of said plat;
thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along
the southerly line of said Lot 29, a distance of 13.89 feet to the point of
beginning of the land to be described; thence North 62 degrees 09 minutes 42
seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32
degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the
southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds
East 159.66 feet, along said southerly line to the point of beginning. And Lots
Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks
on Prior Lake according to the plat thereof files of record in the Office of the
Register of Deeds for Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for a variance as contained in
Case #99-043 and held hearings thereon on August 9, 1999.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
f: \dept\planning\99fi1es\99var\99-043 \re9912pc.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. '
4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The lot is a peninsula and the access to the road must be raised to 907.9 elevation. A
turn around must be provided at the end of the road, which is adjacent to the
applicant's property. There is limited space to construct a turn around, as the road
was platted in 1930.
6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of
the property does not exist without the granting of the variance.
7. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is necessary to alleviate demonstrable hardship.
8. The contents of Planning Case 99-043 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance for future driveway with turnaround as per Exhibit A;
1. A 15.0 foot variance to permit a driveway width of 39.0 feet instead of the maximum
24.0 foot width as measured at the property line.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. An Assent Form must be signed and, pursuant to Section
1108.415 of the City Code, the variance will be null and void if the necessary permits
are not obtained for the ,proposed structure within one year after adoption of this
resolution.
Adopted by the Board of Adjustment on August 9, 1999.
f:\dept\planning\99files\99var\99-043 \re9912pc.doc
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f: \dept\planning\99fi1es\99var\99-043 \re9912pc.doc
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Anthony Stamson, Chair
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I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning ../ Flood Plain County. Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other '5t...ll I , -=6:c.....-:-
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Recommendation:
Approval
Denial
Conditional Approval
Comments: -r J ~ ~
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Please return any comments by Fridav. November 19. 1999, to . \\ I r?, ~. '..' '.\
@@rnQ0~!\'i,\
J,enniTovar, Planner . ~ ~ \1'U\\\
City of Prior Lake ' t) . 1999 1\ i\
16000 Eagle Creek Avenue SE \1 J MO'I I 2. \I \ \ I
Prior Lake, MN 55372 \\J\ L- ~~
Phone: (612) 447-9813 I
Fax: (612) 447-4245
Signed:
Date:
_ll/ 'f J 19
I t
f:\dept\planning\99files\99vac\99-069\referral.doc
Page 2
Properties adjacent to requested vacation
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400
800
1200 Feet
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Regular City Council Meeting Minutes
December 6, 1999
Presentation of $15,000 to Prior Lake Volunteer Fire Department by the Mdewakanton Sioux
Community for Dress Uniforms - (Tribal Vice Chair Glenn Crooks and Tribal Administrator Bill
Rudnicki)
Tribal Vice Chair Glenn CROOKS presented Fire Chief Bruce SAMES with a check for $15,000 from the
Mdewakanton Sioux Community to be used for dress uniforms for the Fire Department.
BOYLES: Made a special note that the Mdewakanton Sioux community's contribution is especially
appreciated because the Fire Department had hoped to purchase dress uniforms but the funds were
not available in the 2000 budget.
?
PUBLIC HEARINGS:
Consider Approval of the Vacation of a PortIon of Red Oaks Road.
Mayor MADER declared the public hearing open.
TOVAR: Gave a summary of the vacation request as well as the Planning Commission
recommendation, and advised the Council that action must be deferred to the December 20th meeting
because the DNR is objecting to the notification process as required by state statute.
KEDROWSKI: Clarified that the DNR did not receive certified notice of the public hearing regarding the
vacation request in accordance with state statute, so the meeting must be continued to December 20th
to allow the 30-day certified notification.
TOVAR: Advised that the DNR is waiting for input from the Attorney General's office and is not willing to
waive the vacation request.
KEDROWSKI: Asked if by continuing the hearing, the Council is meeting the intent of the notification
statute.
PACE: Answered that since the DNR has no objection to the process, it is appropriate to proceed in this
direction.
Bryce HUEMOELLER (counsel for Charlotte Roehr): Advised that Ms. Roehr's building permit for 15322
Red Oaks Road will be unfairly upheld with any delay which will cost Ms. Roehr additional
inconvenience as well as money. Asked that if the Council delays action on the vacation, City staff be
directed to issue the building and other appropriate permits in this case so that Ms. Roehr can start
construction immediately. Noted that issuance of the final occupancy certificate can be conditioned
upon the completion of the vacation or, in the event the vacation cannot be completed, enter into a
private use of public property agreement. Such action would mitigate the impacts on Ms. Roehr.
Believes that the benefits to the public of the vacation far outweigh the DNR's possible objection based
upon decrease in the amount of public lakeshore.
MOTION BY WUELLNER, SECOND BY KEDROWSKI, TO CONTINUE THE PUBLIC HEARING TO
DECEMBER 20, 1999.
Mayor MADER offered a friendly amendment that the motion be amended to add that the public hearing
was to be continued in order to comply with public notice statutes. Councilmembers WUELLNER and
KEDROWSKI accepted the friendly amendment.
2
Regular City Council Meeting Minutes
December 6, 1999
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
KEDROWSKI: Asked if Mr. Huemoeller's request was a Council issue, or an administrative function.
BOYLES: Advised that this is an administrative matter, and staff is concerned that once the permit is
issued, it cannot be withdrawn. Suggested getting the DNR approval by the next Council meeting, and
then immediately issuing the permits if in order.
WUELLNER: Asked what the worst possible case would be if the staff issued the permit now. In either
case, either public improvement of the road or vacation, the proper access to the property gets there.
MCDERMOTT: The cost will be a factor, and there is a DNR permit that is required either way for Ms.
Roehr to fill and build her driveway or the road, and that permit has not been approved.
RYE: The road would have to be located in either instance. One of the difficulties is that the setback
variance for the structure conditioned issuance of the building permit upon approval of a plan for the
driveway. If the DNR doesn't issue the approval to fill below 904', it will be difficult to approve the plan,
whether it's public or private.
BOYLES: Advised that it is realistic, or at least possible that the DNR may not approve the vacation.
Staff provided notification in excess of 30 days and the DNR chose to object on a procedural issue,
which mayor may not be an indication of their intent to withhold approval.
MADER: Understands that the DNR will not approve the vacation because it eliminates a public access
to the lake, and that the DNR position is advisory rather than statutory.
PACE: There are two issues - soliciting comments and issuing the permit. Inherent in the DNR's
comment is that they would not then approve the permit. If they don't approve the permit, the City
cannot issue the building permit. It becomes very circular. Reminded the Council that this was not a
buildable lot without the variances, or it only allowed a very small building. This process, although
protracted, was to accommodate Ms. Roehr.
MADER: Concerned that if a building permit is issued, the City becomes accountable for the completion
of the project. It seems that the City Manager's recommendation is the most prudent.
SCHENCK: Asked what happens if the Council takes no action on the permit.
RYE: If the right-of-way is not vacated, then the action goes back to a private use of public property
agreement which was previously rejected by the applicant.
HUEMOELLER: Added that the plan for improvements proposed for the road are the same as previously
approved by the Engineering staff in either circumstance. The DNR permit has been applied for and
Pat Lynch has voiced no objections. There are two separate issues: (1) the permit for the improvement
of the road; and (2) the vacation issue. The point is that whether this is a private improvement of a
public road, or an improvement of a vacated road, the plan is essentially the same. Asked the Council
to consider action which would alleviate a significant hardship for the applicant. Because of the unusual
circumstances of this case, there is little precedent set by the requested action that would put the City
at risk.
3
Regular City Council Meeting Minutes
December 6, 1999
MADER: Empathized with the applicant's situation, but noted that it is unreasonable to ask the Council
to consider an application that has not been applied for through the proper channels. Agreed that this
is an administrative decision.
SCHENCK: Asked staff if the DNR objects to the vacation, could they also reject the private
improvement of the public road? Is there a separate DNR approval process if the parties agree to a
private use of public property agreement.
RYE: It is not unreasonable to assume that the DNR would object to the improvement because the
DNR permit process is not simply divisional waters sign-off. The permits must be approved by other
divisions. Potentially, the trails and waterways division could object to that particular permit as a result
of the any vacation to which they also objected. Then question then becomes how the DNR balances
that objection in granting or not granting that permit. There would be no additional approval process if
the parties could agree on a private use of public road agreement.
Mayor MADER clarified that upon no further motion, the administration of the building permit would be
left to the discretion of staff.
Consider Approval of Resolution 99-132 Denying the Vacation of a Portion of Eagle Creek
Avenue.
Mayor MADER declared the public hearing open.
TOVAR: Gave a brief overview of the request in connection with the staff report, and advised the
Council of Planning Commission recommendation.
MADER: Clarified that this is a public right-of-way, and asked if there is some indication that there is a
record of the turnback prior to 1984? Supported the resolution with the direction that staff explore
vacating the additional right-of-way, rather than pursue which may be misleading.
TOVAR: Noted that the City Engineer at that time indicates that the road was turned back to the City
together with several others in 1984. Staff has not located any City Council resolution accepting such a
turnback. Currently, she is following up with the County in order to locate the information.
SCHENCK: Is this a request for an attached or detached garage. Asked what the process to bring the
other affected properties into compliance.
TOVAR: There is no plan at this time from Mr. Anderson. The vacation would either eliminate or reduce
the encroachment for the remaining affected properties. The issue with Mr. Anderson's neighbors is
the costs associated with surveying. So, Mr. Anderson has applied separate from his neighbors. There
have been no objections through the public hearing process by the neighbors. This process initiates
the vacation through which notices will be required to all the affected property owners.
KEDROWSKI: The assumption is that if the Council initiates the action, the City will incur the costs of the
survey.
RYE: That is correct, but it wasn't the staff's intent to go out and start surveying.
MADER: Stated that his understanding was that this action would direct staff to determine if the
vacation is possible, to what extent and at what cost.
4
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
DECEMBER 6, 1999
7A
JENNITOVAR,PLANNER
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF THE VACATION OF A PORTION
OF RED OAKS ROAD (PUBLIC HEARING)
History: Charlotte Roehr owns the property located at 15322 Red
Oaks Road. She is proposing to demolish the existing dwelling and
construct a new home. In July 1999, she received variances to the
OHW setback and driveway width (Resolution 99-11PC and 99-
12PC). A condition of the variance is that the road be elevated as
required by City Ordinance Section 1105.402. This section requires
road access for uses permitted within designated flood areas to have
road access at or above an elevation of not more than 2 feet below the
regulatory flood protection elevation. Therefore, the. minimum road
access for structures on Prior Lake is 907.9. Since the road is public,
there are three options for a private property owner to construct such
improvements. These options include entering into a "Private Use of
Public Property" Agreement, petitioning the City for a public
improvement project, or requesting the City vacate the road.
Upon request of Charlotte Roehr, the City Council initiated the
vacation of a portion of the road on November 1, 1999. The City
Council felt this could be an amicable solution for the City and
Charlotte Roehr.
As required by State Statute 462.356 Subd.2, the Planning
Commission reviewed this request to make a recommendation to the
City Council regarding the disposal or acquisition of public lands as it
relates to the compliance with the Comprehensive Plan. On November
8, 1999 the Planning Commission recommended the City Council
vacate the right-of-way as requested.
Upon proper notification, State Statute 412.851 allows the Council to
vacate easement or right-of-way by resolution. The statute also states
that "no such vacation shall be made unless it appears to be in the
public interest to do so".
162b~9g1g~~~~~~~~~~S~~~'Pi-?g~Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fa!r6H) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Current Circumstances: The plat of Red Oaks identifies a 20-foot
wide public street adjacent to Lots 27 through 37. The City has sewer
and water lines within the dedicated roadway requiring a drainage and
utility easement. NSP has also asked the City to retain a utility
easement.
The Issues: The City Council must make two determinations. Does
the vacation of the existing roadway comply with the Comprehensive
Plan and is there a public need or anticipated future need for the
dedicated property?
The Comprehensive Plan has identified Red Oaks Road as a local
street. One policy of the Comprehensive Plan is to conduct
development in a manner that is sensitive to the impact upon natural
features and to environmental constraints including floodplain areas.
By vacating the portion of the roadway requested, the access can be
elevated and constructed in a manner to minimize environmental
impacts. The proposed access (private drive) will be narrower than a
public roadway meeting required public design standards.
Another policy of the Comprehensive Plan is to effectively and
uniformly regulate the development of structures and other land uses
in or near flood plain and drainage areas. The proposed vacation will
allow for the access to be elevated, per floodplain regulations, and
ultimately improve the situation, as access to the property and
structures will be at a higher elevation than currently exists.
There is no public need for the portion of the roadway being vacated.
A private driveway easement allowing access of the adjacent property
owners has been drafted and affected property owners are in
agreement. The City Attorney has reviewed the easement and
recommended a number of changes. These changes have been referred
to the petitioner's attorney and a response was received on November
30, 1999. The revised document has been forwarded to the City
Attorney for final approval addressing her concerns. The City does not
currently maintain the road as there is no proper turnaround at the end
and the road is unimproved. The City has sewer and water lines within
the platted roadway, and a drainage and utility easement must be
retained over the property. Emergency vehicles will maintain access
through changes made to the private Declaration of Driveway
Easement per City Attorney (attached).
Statute 164.07 Subd. 2 requires the City notify the DNR commissioner
at least 30 days, via certified mail, in advance to comment on any
proposed vacation of public way adjacent to a DNR designated body
of water. While a notice of the hearing was sent on November 5,
I: \99fiIes\99vac\99-069\99069cc2.doc
Page 2
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
1999, and the City received comments from Pat Lynch, Area DNR
Hydrologist on November 12, 1999, the DNR is objecting to the
vacation due to inadequate notice time. Attached is a letter from the
DNR objecting to the vacation. On November 18, 1999 a certified
notice was mailed. Considering the DNR's objections and compliance
with State Statute, the public hearing must be continued to December
20, 1999. On November 30, 1999, the grading permit for the access
drive was submitted. The review time for these permits is typically
one to two weeks, therefore continuation of the proposed vacation will
not cause the delay of the issuance of any permits. Furthermore,
requested changes to the building permit application were submitted
. on November 30, 1999 with additional items remaining outstanding.
Conclusion: The intent of the Comprehensive Plan will be met as well
as satisfying the public need for the utility/drainage easements. The
Planning Commission recommend approval of the vacation of the
roadway subject to: 1. The granting of a drainage and utility easement
over the roadway being vacated. 2. The driveway easement be signed
by the affect property owners of Lots 27 through 37 Red Oaks. 3. The
signed driveway easement be recorded. However, due to the statutory
requirement on notifying the DNR Commissioner, the public hearing
must be continued to December 20, 1999.
ri\
.,
..
In order to comply with the statutory requirements, the City Council
has one alternative:
1. Continue the public hearing to December 20, 1999.
Staff recommends Alternative # 1. A motion and second to continue
the public hearing until December 20, 1999.
I :\99files\99vac\99-069\99069cc2.doc
Page 3
NOV 30 '99 10: 16AM HUEMOELLER & BATES
P.l/7
FAX TRANSMISSION
BUEMOELLER & BATES
16670 franklin Trail
Prior Lake, MN 55372
(612) 447-2131
Fax: (612) 447-5628
To: Jenni Tovar - City of Prior Lake Date:
Fax #: 447-4245 Pages;
From: Bryce Huemoeller
Subject: Red Oaks Vacation
November 30, 1999
10f7
CONF/DENTIAL/TY NOTICE; The documt/nl(s) accompanying rhis fa:r. cOlltain collftdellcial information which is legally
privileged. The infonllmion is int'l1Ided only fo,.che US~ a/the in/ended recipietrl. lfyou are not the int/lnded recipient. you
Orlt h.reby noeified chut any disclo.vurt!, copying, distribution or Ihe tQ/c;"g of any a,.tion in reliance 011 rhe COfllenlS of the
tellCop;ed informociolll!;&cept Us direct delivery to the intmdlld recipient named abo\ltt is strictly I'mhibited. If you have
received chis jaz in 1J'7O,., please noeify lIS imlfl~diattlJy by telepholle to arrange for recum oj'lhe original dOCU1Mnts to us.
COlMMENTS:
I have revised the proposed Driveway Easement in response to Sues an Pace's
comments:
1. A new Paragraph 2 has been added for the use of the easement by emergency
personnel.
2. Paragraph 3 (formerly 2) has been revised to prevent interference with
emergency vehicles and personnel.
3. The fIrst page has been reformatted so that the document can be fIled as a
standard document.
cc: Sues an Lea Pace, Esq. (via fax 338-7858)
cc (via mail): Charlotte L. Roehr
Michael and Ann Finnegan
Robert and Selma Kist
NOV 30 '99 10: 16AM HUEMOELLER & BATES
P.2/7
DECLARATION OF DRIVEWAY EASEMENT
This agreement is made effective , 1999, by ROBERT P. KIST
and SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E.
FINNEGAN, husband and wife, and CHARLOTTE L ROEHR, a single person (the
Kists, Finnegans and Roehr being collectively referred to herein as the "Declarants").
RECITALS
A. The Kists are the owners of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 27, RED OAKS, Scott County, Mixmesota, EXCEPT that part of said Lot
27 lying southwesterly of a line described as commencing at the most easterly
comer of said Lot 27; thence southwesterly along the southeasterly line of said
Lot 27 a distance of 77.90 feet to the point of beginning of the line to be
described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to
the right a distance of 249.5 feet to the northwesterly line of said Lot 27, and
said line there terminating.
AND
That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED
OAKS, Scott COUDty, Minnesota, lying northerly of the northeasterly extension
of the southeasterly line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
113099
1
NOV 30 '99 10:17AM HUEMOELLER & BATES
P.3/7
B. The Finnegans are the owners of real property in Scon County, Minnesota,
legally described as follows, to-wit:
Lot 28, RED OAKS, Scott County, Minnesota.
AND
That part of Lot 29, RED OAKS, described as follows: Commencing at the
southeast comer of said Lot 29, the same being The nortl1east comer of Lot 28 of
said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed
bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the
point of beginning of the land to be described; thence North 62 degrees 09
minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence
South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet
to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42
seconds East 159.66 feet, along said southerly line to the point ofbeg1nning.
AND
That part of the 20 foot Road adjacent to the easterly line of Lots 28 and 29,
RED OAKS, Scott County ~ Minnesota~ lying northerly of the southeasterly
extension of the southerly line of said Lot 28, and southerly of the southeasterly
extension of the northerly line of that part of said Lot 29 described as tallows:
Commencing at the southeast comer of said Lot 29, the same being the northeast
comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds
West (assumed bearing) along the southerly line of said Lot 29, a distance of
13.89 feet to the point of beginning of the land to be described; thence North 62
degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot
29; thence South 32 degrees 00 minutes 40 seconds West along said westerly
line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21
minutes 42 seconds East 159.66 feet, along said southerly line to the point of
beginning.
C. Roehr is the owner of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 29, RED OAKS, Scott County, Minnesota, EXCEPT that part described as
follows: Commencing at the southeast comer of said Lot 29, the same being the
northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42
2
NOV 30 '99 10: 17AM HUEMOELLER & BATES
P.4/7
seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginniDg of the land to be described;
Thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29~ thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
AND
Lots 30, 31t 32 and 33, RED OAKS, Scott County, Minnesota.
AND
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 29 to 33, RED OAKS, Scott County, Minnesota, lying southerly of the
southeasterly extension of the northerly line of said Lot 33, and northerly of the
southeasterly extension of the northerly line of that part of said Lot 29 described
as follows: Commencing at the southeast comer of said Lot 29, the same being
the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minUleS
42 seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
NOW, THEREFORE, the DeclarantS hereby declare and establish a
nonexclusive perpetual easement for ingress, egress, driveway and utility purposes,
which shall be appurtenant and run with the title to each of the above described parcels
(which are referred to herein individually as a "Parcel" and collectively as the
"Parcels"), and subject to the covenants and charges herein, over, across and upon the
following portions thereof (the "Driveway Easement"), to-wit:
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 27 to 29, RED OAKS, Scott County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27, and southerly of
the southeasterly extension of the northerly line of that part of said Lot 29
3
NOV 30 '99 10:18AM HUEMOELLER & BATES
P.5/7
described as follows: Commencing at the southeast comer of said Lot 29, the
same being the northeast corner of Lot 28 of said plat; thence North 68 degrees
21 minutes 42 seconds West (assumed bearing) along the sourherly line of said
Lot 29, a distance of 13.89 feet to the point of beginning of the land to be
described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to
the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds
West along said westerly line 17.29 feet to the southerly line of said Lot 29;
thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said
southerly line to the point of beginning.
1. IMPROVEMENTS, MAINTENANCE AND RESTORA nON. (a) The
owners of each of the Parcels shall perform. as and when such owners deem necessary,
and pay the cost of such improvements to and maintenance of the Driveway Easement
as may be reasonably necessary for access to the owners' Parcel.
(b) Restoration. If the Driveway Easement or any improvements thereto
are damaged or destroyed by any cause, any owner who has use for the Driveway
Easement may restore it.
(c) Other Rights. Nothing in this Declaration shall prejudice the common
law or statutory rights of any owner to recover from any other owner for negligent or
willful acts or omissions.
2. EMERGENCY ACCESS. A general easement is hereby granted to all
police. fire protection, ambulance and other similar emergency agencies and personnel
to enter upon and use the Driveway Easement in the proper performance of their duties.
3. LIMIT AnON. No owner of a Parcel shall cause or permit obstruction of or
interference with the rights in or use of the Driveway Easement by any other owner or
emergency vehicles and personnel.
4. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and
inure to the benefit of each owner of the Parcels, and their respective heirs, successors
and assigns, for a term of 20 years from the date it is filed for record. Thereafter, this
Declaration shan automatically renew for successive periods of 10 years.
(b) Amendment. This Declaration may be amended with the written
approval of all record owners of the Parcels. Any amendment shall be made in fIleable
form and effective on the date filed for record of filing with the Scott County Registrar.
4
NOV 30 '99 10: 18AM HUEMOELLER & BATES
P.6/7
(c) Plural. The singular shall include thc plural, and plural may bc rcad
as singular, where appropriate, and unless the context otherwise requires.
(d) Gendcr. The masculine gender may be read as the feminine gender
.,.. or the neuter gender, where appropriate, and unless the context otherwise requires.
(e) Liability. The obligations of the owners of the respective Parcels
shall be joint and several, except where the context otherwise requires.
(f) Enforcement. Any owner may enforce, by a proceeding at law or in
equity, or both, any provision of this Declaration. The proceeding may seek to restrain
the violation and to recover the damages resulting therefrom, together with the costs of
the proceeding, including reasonable attorneys' fees.
(g) Captions. The captions herein are inserted only for convenience and
reference and do not limit the scope of this Declaration.
(h) Severability. Invalidation of any provision of this Declaration by any
Coun shall not effect the remainder hereof, which shall continue in full force and
effect.
ROBERT P. KIST
MICHAEL G. FINNEGAN
SELMA KIST
ANN E. FINNEGAN
CHARLOTIE L. ROEHR
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this
_ day of , 1999, by Robert P. Kist and Selma Kist, husband and wife.
Notary Public
5
NOV 30 '99 10:18AM HUEMOELLER & BATES
P.7/7
STATE OF MINNESOTA)
)85.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this
- day of , 1999, by Michael G. Finnegan and Ann E. Finnegan, husband
and wife.
Notary Public
STATE OF MINNESOTA)
)55.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this
- day of , 1999, by Charlone L. Roehr, a single person.
Notary Public
This instrument was drafted by:
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
6
FROM
(WED) 11. 10' 99 15:S6/ST. lS:54/NO. 4260o;1L<j,~" r :l
EXHIBIT A
I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
'.
Water City Code GradinQ
Sewer Storm Water Signs
Zoning Flood Plain A ss
/" ,
Parks Natural Features ( Legal Issues "
Assessment Electric -- ~
Policy
Septic System Gas BuildinQ Code
Erosion Control Other
Recommendation:
Approval
Denial
L Conditional Approval
comm)"ts: I D _ lJ _ tl il
U J.1u., ~t.i.1'J.4~ ~ ~ ~ ~
Vf~j~~~1:!;~~~ ~~
d~Lm~~;~~~~~ ~
Signed:
~f-u- p~
Date:
1tz..bu. q J } er'1. 9
Please return any comments by Fridav. November 19. 1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9813
Fax: (612) 447-4245
f:\dept\planning\99files\99vac\99.Q69\referral.doc
Page 2
FROM
~
(WED) 11. 10' 99 15: 58/ST. 15: 54/NO. 4260632492 l" 'f
DECLARATION OF DRIVEWA Y EASEMENT
This agreement is made effective October.-...-, 1999, by ROBERT P. KIST and
SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E.
FINNEGAN, husband and wife, and CHARLOm L. ROEHR, a single person (the
Kisrs, Finnegans and Roehr being collectively referred to herein as the "Declarancs,").
RECITALS
A. The Kisrs are the owners of real property in Scott County, Minnesota" legally
described as follows, to-wit:
Lot 27, RED OAKS, Scott County, Minnesota, EXCEPT that pan of said Lot
27 lying southwesterly of a line described as commencing at the most easterly
corner of said Lot 27; thence southwesterly along the southeasterly line of said
Lot 27 a distance of 77.90 feet to the point of beginning of the line to be
described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to
the right a distance of 249.5 feet to the northwesterly line of sai~ Lot 27, and
said line there terminating:
AND
That pan of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED
OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension
of the southeasterly line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
B. The Finnegans are the owners of real propeny in Scott County, Minnesota,
legally described as follows, to-wit:
Lot 28, RED OAKS, Scan County, Minnesota.
AND
That part of the 20 foot Road adjacent to the easterly line of Lot 28, RED
OAKS, Scott County, Minnesota, lying northerly of the southeasterly extension
of the southerly line of said Lot 28, and southerly of the somheasterly extension
of the northerly line of said Lot 28.
1
FROM
(WED) 11. 10' 99 15: 59/ST. 15: 54/NO. 4260632492 P ~
C. Roehr is the owner of real property in Scott Coumy, Minnesota, legally "-
described as follows. to-wit:
Lot 29. RED OAKS. Scott County, Minnesota, EXCEPT that part described as
follows: Commencing at the southeast corner of said Lot 29, the same being the
northeast corner of Lot 28 of said plat; thence Norm 68 degrees 21 minutes 42
seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of'said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
AND
Lots 30, 31.32 and 33. RED OAKS. Scott County, Minnesota.
AND
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
'\Lots 29 to 33, RED OAKS, Scott County, Minnesota, lying northerly of the
..j'" ) southeasterly extenSion of the southerly line of said Lot 29 and southerly of the
~" Z~ southeasterly extension of the northerly line of said Lot 33.
1..~ .;
'f, ;>,~ NOW THEREFORE the Declarants hereby declare and establish a
,_"'~_..Y' nonexclusiv perpetual easement or ingress, egress. driveway and utili purposes,
" ~ tY- w ch shall be app run wlIh cue to each of the above described parcels
1'.(;. (which arc referred to herein individually as a "Parcel" and collectively as the
~..Jf "Parcels"). and subject to the covenants and charges herein, over, across and upon the
following portions thereof (the "Driveway Easement"). to-wit:
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 27 and 28, RED OAKS, Scon County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27 and southerly of
the southeasterly extension of the northerly line of said Lot 28.
1. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The
owners of each of the Parcels shall perform, as and when such owners deem necessary,
2
FROM
(WED) 11.10' 99 15:59/ST. 15: 54/NO. 4260632492 p 9
and pay the cost of such improvements to and maintenance of the Driveway EasemeBt
as may bc_ reasonably necessary for access to the owners I Parcel..
1
}.J1 f\ .
(b) Restoration. If the Driveway Easement or any improvements thereto
are damaged or destroyed by any cause, any owner who has use for the Driveway
Easement may restore it. ~- W (X)t-
.. U~~~
(c) Other Rights. Nothing in tl1is Declaration sball prejn .c~o=nl0.~~
law or statutory rights of any owner to recover from any other owner r negligent or
willful acts or' omissions" ~ uv. I . C:J.e." ~ h.~ +wJ-
~ ~~ ~f-.NL.UA--I.~ ~en+-
2. LIMIT A nON. No owner of a Parcel sball cause or permit Obstrn~ ~ /).~
interference with the rights in or use of the Driveway Easement by any other owner. ~ r::!-
3. ~ec,ex.~ \f&tnCLCS: ..f.t ~ n-,,~J-"^9"f< ILQ""/J'~ Y1. --1 fQ~l1ul'~ ~. .f1,u1'~
4. GENERAL PROVISIONS. (a) Duration. This Declaration.shall bind and IIYi ~
inure to the benefit of each owner of the Parcels, and their respective heirs, successors.'1: 4:L'-
and assigns, for a term of 20 years from the date it is filed for record. Thereafter, this
Declaration shall automatlcally renew for successive periods of 10 year.s.
,
(b) Amendment. This Declaration may be amended with the ~~
approval of all record owners of the Parcels. Any amendmenl shall be made ~
form and effective on the date tiled for record of f11ing with the Scott County Registrar.
(c) Plural. The singular shall include the plural, and plural may be read
as singular, where appropriate, and unless the context otherwise requires.
(d) Gender. The masculine gender may be read as the feminine gender
or the neuter gender, where appropriate, and unless the context otherwise requires.
(e) Liability. The obligations of the owners of the respective Parcels
shall be joint and several, except where the context otherwise requires.
(f) Enforcement. Any owner may enforce, by a proceeding at law or in
equity, or both. any provision of this Declaration. The proceeding may seek to restrain
the violation and to recover the damages resulting therefrom. together with the costs of
the proceeding, including reasonable attorneys' fees.
(g) Captions" The captions herein are inserted only for convenience and
reference and do not limit the scope of this Declaration.
3
FROM
(VV!::J.Jll1. IU ':J':J lO:UU/"'L l:)---(:)"t/l'U. "tLOVO::>L"'''''< , 'v
.i/!',O"
(h) Severability., Invalidation of any provision of this Declaration by any
Coun shall Dot effect the remainder hereof, which shall continue in full force and
effect.
MICHAEL G. FINNEGAN;
ROBERT P. KIST
ANN E. FINNEGAN
SELMA KIST
CHARLOTTEL.ROEHR
STATE OF MINNESOTA)
)ss.
COUNTY OF )
-'i;-
This Declaration of Driveway Easement was acknowledged before me on this
day of , 1999, by Raben P. Kist and Selma Kist, husband and wife. -
Notary Public
ST ATE OF MlNNESOT A)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this -
day of , 1999, by Michael G. Fino~gan and Ann E. Finnegan, husband and
wife.
N ot3ry Public
4
-
(WED) 11. '10' 99 16:0U/::;1. l:;,::;'<i/NU. q."OVOj"""'''
r "
FROM
STATE OF MINNESOTA)
)ss.
COUNTY OF J
This Declaration of Driveway Easement was acknowledged before me on this_
day of . 1999 I by Charlotte L. Roehr, a single person.
NotaI)' Public
This insaument was dr:rlted by:
HUEMOELLER & BATES
16670 Franklin Trail
prior Lake. MN 55372
5
, .
'.
LEGAL DESCRIPTION FOR VACATED ROAD
That part of the 20 foot Road adjacent to the nonheasterly, easterly and
southeasterly lines of Lots 27 to 37, RED OAKS, Scott County, Minnesota,
lying northerly of the northeasterly extension of the southeasterly line of sai~ Lot
27 and southerly of the southeast line of said Lot 37.
rf
DEPARTIIENT OF
NATURAL RESOURCES
November 22, 1999
1200 Warner Road
Saint Paul Minnesota 55106
Phone 651. 772. 7937
Facsimile 651.772.7977
Ms. Jenni Tovar, Planner
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
Subject: Petition to Vacate a Portion of Red Oaks Road Right of Way - Public Hearing Notice
Dear Ms. Tovar:
On November 22, 1999, the Department of Natural Resources received a letter from the City of Prior
Lake and a Notice of Public Hearing to Consider the Vacation of a Portion of Red Oaks Road both dated
November 18, 1999. The public hearing is scheduled for December 6, 1999 at Prior Lake Fire Station #1.
Minnesota Statutes 164.07, Subd. 2, requires "...petitioners shall serve notice of the order by certified
mail upon the commissioner of natural resources at least 30 days before such meeting if the road to be
vacated terminates at or abuts upon any public water..."
The Department of Natural Resources will not agree to accept the hearing without the 30 days
notice required by statute. Please serve the DNR notice of the petition according to statute should
another hearing be scheduled.
Please feel free to contact me if you have any questions.
Sincerely,
..w c-? /L
S ott 1. Kelling"/" ---;
Area Trails and Waterways Superv~r
c: Bill Johnson, Metro Region Trails and Waterways Supervisor
Joan 8chhorst, Office of the Minnesota Attorney General
Kathleen Wallace, Metro Regional Administrator
Pat Lynch, DNR Area Hydrologist
It~_wpd
RESOLUTION 99-120
RESOLUTION INITIATING THE VACATION OF A PORTION OF THE RED OAKS ROAD RIGHT-
OF-WAY ADJACENT TO LOTS 27-37, RED OAKS
BY:
Wuellner
SECOND BY:
Petersen
WHEREAS, Red Oaks Road adjacent to Lots 27-37, Red Oaks, is dedicated as a public road;
and
WHEREAS, this section of Red Oaks Road is not improved to City standards, and
WHEREAS, the adjacent property owners wish to make some improvements to this road; and
WHEREAS, in order to determine whether the vacation of this easement is or is not in the public
interest, the City Council has initiated the vacation process by motion.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant
to Minnesota Statues 412.851, the process for the vacation of a portion of the Red Oaks Road
right-of-way adjacent to Lots 27-37, Red Oaks, is hereby initiated.
Passed and adopted this 1st day of November, 1999.
YES NO
MADER X MADER
KEDROWSKI X KEDROWSKI
PETERSEN X PETERSEN
SCHENCK X SCHENCK
WUELLNER X WUELLNER
{Seal}
l~'2'(fflrfrgrgle};pJr~t'E?~E~~~~l~~r Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / ~~~e(512) 447-4245
AN EQUAL OPPORTUNITY ElI-lPLOYER
Planning Commission Minutes
November 8. 1999
Cramer:
. Agreed with the Commissioners' views. Vacate the entire portion.
Tovar said this action will go before the City Council on December 6, 1999. The process
of vacating the entire roadway by the residents could take 3 to 6 months. It could be a
costly project for the City.
Anderson said the entire street was surveyed in 1994 by Valley Survey. It would only
have to be updated.
Rye said the City needs a survey of what needs to be vacated. It is a private roadway.
MOTION BY CRAMER, SECOND BY STAMSON, TO DENY THE VACATION
REQUEST AS PRESENTED.
Vote taken signified ayes by all. MOTION CARRIED.
MOTION BY CRAMER, SECOND BY STAMSON, TO RECOMMEND CITY
COUNCIL RESEARCH THE RIGHT-OF-WAY FOR VACATION.
Vote taken signified ayes by all. MOTION CARRIED.
~
;7
B. Case File 99-069 Charlotte Roehr is requesting the vacation of a portion of
Red Oaks Road adjacent to Lots 27-37, Red Oaks.
Planning Director Don Rye presented the Planning Report dated November 8, 1999, on
file in the office of the Plan Director.
City Ordinance Section 1105.402 requires road access for uses permitted within
designated flood areas to have road access at or above an elevation of not more than 2
feet below the regulatory flood protection elevation. Therefore, the minimum road access
for structures on Prior Lake is 907.9. Charlotte Roehr has received an OHW setback and
driveway width variances. A condition of the variance was the road be elevated as
required by City Ordinance. Considering the road is public, there are options for a
private property owner to construct such improvements. Such options include entering
into a "Private Use of Public Property" Agreement, petitioning the City for a public
improvement project, or requesting the City vacate the road.
The intent of the Comprehensive Plan will be met as well as satisfying the public need for
the utility/drainage easements. The Planning staff recommended approval ofthe vacation
of the roadway subj ect to the granting of a drainage and utility easement over the
roadway being vacated.
f:\dept\planning\99fi1es\99plcomm\pcrnin\mn 11 0899.doc II
Planning Commission Minutes
November 8, 1999
Comments from the public:
Bryce Huemoeller, representing Charlotte Roehr, said they were present to support the
request. Huemoeller explained this is an unusual plat, the road does not meet City
standards and has never been maintained by the City. They tried to do an agreement to
approve public property but felt that type of agreement was not appropriate for this use.
There are no other public interests that need to be considered. This affects 2 properties.
The utilities are not effected by the vacation. It solves an unusual and complicated
problem for the City by approving the vacation.
Comments from the Commissioners:
Stamson:
. Concurred with staff and their conditions.
. If the applicant has to maintain it, she should own it.
Cramer:
. Concurred with staffs recommendation. This is a very amicable solution.
V onhof:
. Agreed.
. Noticed the Declaration of Driveway Easement has not been signed by the property
owners.
. Huemoeller said the neighbors will sign after the approved vacation.
. A signed copy should be included in this vacation. There should be a legal
instrument.
MOTION BY VONHOF, SECOND BY STAMSON, TO APPROVE THE REQUEST.
Vote taken indicated ayes by all. MOTION CARRIED.
7. Announcements and Correspondence:
A. Proposals for Planning Commission Bylaw changes.
There were no concerns for changes.
8. Adjournment:
The meeting adjourned at 9:52 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
1:\99fi1es\99plcomm\pcmin\mnII0899.doc ,
12
, TOPOGRAPHiC SURVEY PREPARED FOR:
CHe.RLOTTE ROEHR
~15J22 RE:D OAKS ROAD S.E.
PRIOR LAKE. MN. 55372
VAUEY SURVEYING CO., P.A.
16670 FRANKUN TRAIL SEe SUITE 230
PRIOR LAKE MN. 55372
PH. (612) 4-47-2570
FAX (612) 447-2571
. N8a'2S' 4.s"W
120.00
EXHIBIT A
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o Denotes !ron Monument set and
morked oy !_icsnse No. 1018.3
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Q' {ft_ Rtql:sl" 0' 0....,. (or 'SOld Sc;oct C.outu.y. ~ifMesoccr.
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i hereby c:srtily,that this topoqrapnic
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direct . pef'lision ond that I am 0 duly
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Minnesota License numoer 1018.3
Doted tllis 15th day 01 January, 1999
Revised 5-3-99 io od~st S. end 0; E". Drive.way
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RESOLUTION 99-11PC
A RESOLUTION APPROVING A 26.0 FOOT VARIANCE TO PERJ.vrrT A
SETBACK FROM ORDINARY mGH WATER I\'IARK OF 49.0 FEET INSTEAD
OF THE REQUIRED SETBACK OF 75.00 FEET.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Charlotte Roehr has applied for variances from the Zoning Ordinance in order to
permit the construction of a single family residence with attached garage on property
located in the R-.1 (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake
EXCEPT that part described as follows: Commencing at the southeast comer
of said Lot 29, the same being the northeast comer of Lot 28 of said plat;
thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along
the southerly line of said Lot 29, a distance of 13.89 feet to the point of
beginning of the land to be described; thence North 62 degrees 09 minutes 42
seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32
degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the
southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds
East 159.66 feet, along said southerly line to the point of beginning. And Lots
Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks
on Prior Lake according to the plat thereof files of record in the Office of the
Register of Deeds for Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #99-043 and held hearings thereon on July 12, 1999.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
f:\dept\planning\99files\99var\99-043\re99 I I pc. doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
/
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4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. There is no legal building envelope for the lot. The lot is a peninsula and therefore,
OHW setback averaging cannot be utilized. This results in a 75-foot OHW setback
and no legal building envelope.
6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of
the property does not exist without the granting of the variance. The applicant has
designed a house meeting the previous 50 foot OHW setback.
7. The proposed house will be setback farther from the lake and at a higher elevation
than the existing cabin as well as the adjacent structure. The proposed house will be
above the regulatory flood protection elevation.
8. The proposed structure with the variance granted is within DNR recommendations.
9. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is necessary to alleviate demonstrable hardship.
10. The contents of Planning Case 99-043 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance for future single family dwelling with attached garage as per Exhibit
A
,
1. A 26.00 foot variance to permit setback from Ordinary High Water, OHW of 49.00
feet instead of the required 75.00 foot setback.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The road access to the property must be at or above 907.9 elevation. A building
permit will not be issued until a pJan has been approved (public or private) to raise to
road to be compliant with the required flood protection elevation road access of 907.9
f:\dept\planning\99fiIes\99var\99-043\re99 I I pc. doc
2
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2. A revised survey must be submitted indicating the screened porch and second story
deck meeting the 49.00-foot OHW setback. This must be submitted prior to the
issuance of a building permit.
3. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. An .!\ssent Form mustbe signed and pursuant to Secti9n
1108.415 of the City Code, the variance will be null and void if the necessary permits
are not obtained for the proposed structure within one year after adoption. of this '
resolution.
Adopted by the Board of Adjustment on July 12, 1999.
Anth~S Ch .
ony tamson, arr
~ST:
"'--l) 0
Donald R. Rye, PI
f:\dept\planning\99fiIes\99var\99-043\re991I pc. doc
3
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TOPOGRAPHIC SURVEY PREPARED FOR:
CH~RLOTTE ROEHR
15,322 RED OAKS ROAD S.~
PRIOR LAKE. MN. 55,372
VALLEY SURVEYING CO., P.A.
16670 FRANK UN TRAIL SE. SUITE 230
PRIOR LAKE !.IN. 55,372
PH. (612) 447-2570
FAX (612) 447-2571
. N88"26' 4-5-W
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\01..,.... OS nmuta. .1.2 saeon... 'Nest :57. t>7 1... :0 01.. ....Sletfy I"., oi scUd Lot
29: t.ft4nC. Soutn .12 Jeqt"ces 00 minu!a -+0 'SKcnca:a WesC .>>onq WId "'~I.,j.,
Ian.. 17.2! tMC to tfl4 JouU'"y IIn. 01 ~oid Lot 29: lnetlc. Sou'" .sa 0".":1 11
minut.. "'2. 'Kana ('OSl 1~.d6 t..e. >JIORq SOlO SW"'.'Y line to In. ~oinc oJI
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RESOLUTION 99-12PC
A RESOLUTION APPROV1l~G A 15.0 FOOT V A.RIANCE TO PERJ."llT A
DRIVEWAY WIDTH OF 39.0 FEET INSTEAD OF THE M.A.XIMUlVI WIDTH AS
.MEASURED AT THE PROPERTY LINE OF 24.0 FEET.
BE IT RESOLVED BY the Board of Adjustment of the City ofPnor Lake, Minnesota;
FINDINGS
1. Charlotte Roehr has applied for a variance from the Zoning Ordinance in order to
pernrit the construction of a single family residence with attached garage on property
located in the R-1 (Suburban Residential) District and the SD (Shore land Overlay)
District at the following location, to wit;
15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake
EXCEPT that part described as follows: Commencing at the southeast corner
of said Lot 29, the same being the northeast corner of Lot 28 of said plat;
thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along
the southerly line of said Lot 29, a distance of 13.89 feet to the point of
beginning of the land to be described; thence North 62 degrees 09 minutes 42
seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32
degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the
southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds
East 159.66 feet, along said southerly line to the point of beginning. And Lots
Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks
on Prior Lake according to the plat thereof files of record in the Office of the
Register of Deeds for Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for a variance as contained in
Case #99-043 and held hearings thereon on August 9, 1999.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
f:\dept\planning\99fiIes\99var\99-043\re9912pc.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
/
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4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The lot is a peninsula and the access to the road must be raised to 907.9 elevation. A
turn around must be provided at the end of the road, which is adjacent to the
applicant's property. There is limited space to construct a turn around, as the-road
was platted in 1930.
6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of
the property does not exist without the granting of the variance.
7. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is necessary to alleviate demonstrable hardship.
8. The contents of Planning Case 99-043 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance for future driveway with turnaround as per Exhibit A;
1. A 15.0 foot variance to permit a driveway width of 39.0 feet instead of the ma"'{imum
24.0 foot width as measured at the property line.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. An Assent Form must be signed and, pursuant to Section
1108.415 of the City Code, the variance will be null and void if the necessary permits
are not obtained for the proposed structure within one year after adoption of this
resolution.
Adopted by the Board of Adjustment on August 9, 1999.
f:\dept\planning\99files\99var\99-043\re9912pc.doc
2
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Donald R. Rye, PI
f: \dept\planning\99files\99var\99-043\re991 2pc.doc
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Anthony Stamson, Chair
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I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning / Flood Plain County Road Access
! Parks i Natural Features Legal Issues i
Assessment Electric Roadsl Access
Policy
Septic System Gas Building Code
Erosion Control Other '5l...b...l f_ , .=b,-: ---
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Recommendation:
Approval
Denial
Conditional Approval
Comments: ,-- J ~ ~
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Please return any comments by Fridav. November 19. 1999, to ,r:=> ~ \
@ lli Q\:J Lt !:\
J~nni To~ar, Planner ,Ir\l~ @~ --Ii \ \i
City of Prior Lake ,\ U) . i\ \ Ii
16,000 Eagle Creek Avenue SE \h \~ NO" \ 2 1009 II 0 J
Prior Lake, MN 55372 \ I'l, JV
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Phone: (612) 447-9813 I
Fax: (612) 447-4245
Signed:
Date:
_ll / '1 J 19
I J-
f:\dept\planning\99fiJes\99vac\99-069\referral.doc
Page 2
Properties adjacent to requested vacation
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L/"/ Planning Commission Minutes )
November 8. 1999
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Cramer:
. Agreed with the Commissioners' views. Vacate the entire portion.
Tovar said this action will go before the City Council on December 6, 1999. The process
of vacating the entire roadway by the residents could take 3 to 6 months. It could be a
costly project for the City.
Anderson said the entire street was surveyed in 1994 by Valley Survey. It would only
have to be updated.
Rye said the City needs a survey of what needs to be vacated. It is a private roadway.
MOTION BY CRAMER, SECOND BY STAMSON, TO DENY THE VACATION
REQUEST AS PRESENTED.
Vote taken signified ayes by all. MOTION CARRIED.
MOTION BY CRAMER, SECOND BY STAMSON, TO RECOMMEND CITY
COUNCIL RESEARCH THE RIGHT-OF- WAY FOR VACATION.
Vote taken signified ayes by all. MOTION CARRIED.
~
B. Case File 99-069 Charlotte Roehr is requesting the vacation of a portion of
Red Oaks Road adjacent to Lots 27-37, Red Oaks.
Planning Director Don Rye presented the Planning Report dated November 8, 1999, on
file in the office of the Plan Director.
City Ordinance Section 1105.402 requires road access for uses permitted within
designated flood areas to have road access at or above an elevation of not more than 2
feet below the regulatory flood protection elevation. Therefore, the minimum road access
for structures on Prior Lake is 907.9. Charlotte Roehr has received an OHW setback and
driveway width variances. A condition of the variance was the road be elevated as
required by City Ordinance. Considering the road is public, there are options for a
private property owner to construct such improvements. Such options include entering
into a "Private Use of Public Property" Agreement, petitioning the City for a public
improvement project, or requesting the City vacate the road.
The intent of the Comprehensive Plan will be met as well as satisfying the public need for
the utility/drainage easements. The Planning staff recommended approval of the vacation
of the roadway subject to the granting of a drainage and utility easement over the
roadway being vacated.
1:\99files\99plcomm\p<:rnin\mn 11 0899.doc
10
Planning Commission Minutes
November 8. J 999
Comments from the public:
Bryce Huemoeller, representing Charlotte Roehr, said they were present to support the
request. Huemoeller explained this is an unusual plat, the road does not meet City
standards and has never been maintained by the City. They tried to do an agreement to
approve public property but felt that type of agreement was not appropriate for this use.
There are no other public interests that need to be considered. This affects 2 properties.
The utilities are not effected by the vacation. It solves an unusual and complicated
problem for the City by approving the vacation.
Comments from the Commissioners:
Stamson:
· Concurred with staff and their conditions.
· If the applicant has to maintain it, she should own it.
Cramer:
· Concurred with staffs recommendation. This is a very amicable solution.
V onhof:
. Agreed.
· Noticed the Declaration of Driveway Easement has not been signed by the property
owners.
· Huemoeller said the neighbors will sign after the approved vacation.
· A signed copy should be included in this vacation. There should be a legal
instrument.
MOTION BY VONHOF, SECOND BY STAMSON, TO APPROVE THE REQUEST.
Vote taken indicated ayes by all. MOTION CARRIED.
7. Announcements and Correspondence:
A. Proposals for Planning Commission Bylaw changes.
There were no concerns for changes.
8. Adjournment:
The meeting adjourned at 9:52 p.m.
~
Recording Secretary
Donald Rye
Director of Planning
1:\99fi1es\99plcomm\pcmin\mnlI0899.doc
11
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
6B
REVIEW REQUEST TO VACATE A PORTION OF
RED OAKS ROAD
JENNITOVAR,PLANNER
_YES X NO-N/A
NOVEMBER 8, 1999
AGENDA ITEM:
SUBJECT:
INTRODUCTION
City Ordinance Section 1105.402 requires road access for uses permitted within
designated flood areas to have road access at or above an elevation of not more
than 2 feet below the regulatory flood protection elevation. Therefore, the
minimum road access for structures on Prior Lake is 907.9. Charlotte Roehr has
received an OHW setback and driveway width variances (Resolution 99-11 PC
and 99-12PC). A condition of the variance was that the road be elevated as
required by City Ordinance. Considering the road is public, there are options for
a private property owner to construct such improvements. Such options include
entering into a "Private Use of Public Property" Agreement, petitioning the city for
a public improvement project, or requesting the City vacate the road.
Upon request of Charlotte Roehr, the City Council initiated the vacation of a
portion of the road. The City Council felt this could be an amicable solution for
the City and Charlotte Roehr.
As required by State Statute 462.356 Subd.2, the Planning Commission is
required to make a recommendation to the City Council regarding the disposal or
acquisition of public lands as it relates to the compliance with the
Comprehensive Plan.
Upon proper notification, State Statute 412.851 allows the Council to vacate
easement or right-of-way by resolution. The statute also states that "no such
vacation shall be made unless it appears to be in the public interest to do so".
DISCUSSION
,
The Planning Commission must make two determinations. Does the vacation of
the existing roadway comply with the Comprehensive Plan and is there a public
need or anticipated future need for the dedicated property?
J:\99fi1e;.\99vllC\99"069\99069:11c.doc 1
16200 Eagle Lreek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Comprehensive Plan Review
The Comprehensive Plan has identified Red Oaks Road as a local street. One
policy of the Comprehensive Plan is to conduct development in a manner that is
sensitive to the impact upon natural features and to environmental constraints
including floodplain areas. By vacating the portion of the roadway requested, the
access can be elevated and constructed in a manner to minimize environmental
impacts. The proposed access (private drive) will be narrower than a public
roadway meeting required public design standards.
Another policy of the Comprehensive Plan is to effectively and uniformly regulate
the development of structures and other land uses in or near flood plain and
drainage areas. The proposed vacation will allow for the access to be elevated,
per floodplain regulations, and ultimately improve the situation, as access to the
property and structures will be at a higher elevation than currently exists.
Public Need
There is no public need for the portion of the roadway being vacated. A private
driveway easement allowing access of the adjacent property owners has been
drafted and affected property owners are in agreement. The City does not
currently maintain the road as there is no proper turnaround at the end and the
road is unimproved. The City has sewer and water lines within the platted
roadway, and a drainage and utility easement must be retained over the
property.
RECOMMENDATION
The intent of the Comprehensive Plan will be met as well as satisfying the public
need for the utility/drainage easements. The Planning staff therefore
recommends approval of the vacation of the roadway subject to the granting of a
drainage and utility easement over the roadway being vacated.
AL TERNA liVES:
1. Recommend the City Council approve the proposed vacation of the
roadway as presented or with changes recommended by the Commission.
2. Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
3. Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal
with specific regulations of the Zoning and Subdivision Ordinances and/or
specific policies of the Comprehensive Plan.
I: \99fi1es\99vac\99-069\99069pc.doc
2
RECOMMENDATION:
Alternative #1.
ACTION REQUIRED:
Motion and second to recommend the City Council approve the vacation of a
portion Red Oaks with the condition a drainage and utility easement be granted
to the city over the portion being vacated (entire roadway area).
1:\99files\99vac\99-069\99069pc.doc
3
TOPOGRAPHic SURVEY PREP AREO FOR:
CH.e..RLOm ROEHR
~.1:S.322 RED OAKS ROAD S.E..
PRIOR LAKE. MN. 55.372
VALLEY SURVEYlNG CO., P.A.
16670 FRANKUN TRAIL SE. SUITE 230
PRIOR LAKE NlN. 55.372
PH. (612) +47-2570
FAX (612) 447-2571
. N88"26' J,S'"W
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i hereby csrtify that this topographic
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MinFlesata License numoer 1018.3
Doted this 15th dey 01 January, 1999
Revised 5- 3-99 To adiJst S. end 01S:". Drive.way
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RESOLUTION 99-11PC
A RESOLUTION APPROVING A 26.0 FOOT VARIANCE TO PERlYIIT A
SETBACK FROM ORDINARY HIGH WATER MARK OF 49.0 FEET INSTEAD
OF THE REQUIRED SETBACK OF 75.00 FEET.
BE IT RESOL YED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Charlotte Roehr has applied for variances from the Zoning Ordinance in order to
permit the construction of a single family residence with attached garage on property
located in the R~l (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake
EXCEPT that part described as follows: Commencing at the southeast corner
of said Lot 29, the same being the northeast corner of Lot 28 of said plat;
thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along
the southerly line of said Lot 29, a distance ,of 13.89 feet to the point of
beginning of the land to be described; thence North 62 degrees 09 minutes 42
seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32
degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the
southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds
East 159.66 feet, along said southerly line to the point of beginning. And Lots
Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks
on Prior Lake according to the plat thereof files of record in the Office of the
Register of Deeds for Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #99-043 and held hearings thereon on July 12, 1999.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
f:\dept\planning\99files\99var\99-043\re991Ipc.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. There is no legal building envelope for the lot. The lot is a peninsula and therefore,
OHW setback averaging cannot be utilized. This results in a 75-foot OHW setback
and no legal building envelope.
6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of
the property does not exist without the granting of the variance. The applicant has
designed a house meeting the previous 50 foot OHW setback.
7. The proposed house will be setback farther from the lake and at a higher elevation
than the existing cabin as well as the adj acent structure. The proposed house will be
above the regulatory flood protection elevation.
8. The proposed structure with the variance granted is within DNR recommendations.
9. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is necessary to alleviq.te demonstrable hardship.
10. The contents of Planning Case 99-043 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon t~e Findings set forth above, the Board of Adjustment hereby approves the
following variance for future single family dwelling with attached garage as per Exhibit
A
,
1. A 26.00 foot variance to permit setback from Ordinary High Water, omv of 49.00
feet instead of the required 75.00 foot setback.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The road access to the property must be at or above 907.9 elevation. A building
pennit will not be issued until a plan has been approved (public or private) to raise to
road to be compliant with the required flood protection elevation road access of 907.9
f:\dept\planning\99files\99var\99-043\re99 1 1 pc. doc
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2. A revised survey must be submitted indicating the screened porch. and second story
deck meeting the 49.00-foot OHW setback. This must be submitted prior to the
issuance of a building permit.
3. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. An Assent Form must be signed and pursuant to Secti~m
1108.415 of the City Code, the variance will be null and void if the necessary permits
are not obtained for the proposed structure within one year after adoption of this '
resolution.
Adopted by the Board of Adjustment on July 12, 1999.
~S Ch'
Anthony tams on, arr
~TTEST
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Donald R. Rye, PI
f:\dept\planning\99files\99var\99-043\re99 1 1 pc,doc
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TOPOGRAPHIC SURVEY PREP ARED FOR:
CHt-.RlOTTE ROEHR
15.322 RED OAKS ROAD S.E..
PRIOR LAKE. MN. 55372
VAllEY SURVEYlNG CO., P.A.
16670 FRANKUN mAlL SE. SUITE 230
PRIOR LAKE MN. 55.372
PH. (612) 4-47-2570
FAX (612) 447-2571
. N88"2S' J,s-w
120.00
EXHIBIT A
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1.1,39 Ie". !\J U,. :}cunt .Ji 1)eqN1nMlq 01 In" lonu ~o 0. ~~ea: ~"tf1caNOf'tn d2
u..,..... as minutes ~'2 SoIICOIhI.2 'Nest 1.57. +7 i...c :0 tn. ....,stetl., lin. Qi sczKi Lot
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IIn. 17.29 f..( :0 lI'e 'OYlh....y tin.. ':)~ 1aid Lee 29: lh.enc.. 'iou,ft -sa ~eqr..a 11
minut.. ~, 'Kon<lS E:Q5t 1~.d6 I..... .;fone; 'aMi' ScNChtilV line to In. \Join( ~~
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G.RAPHIC SCALE
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inch = 20 (L
. Denotes !ron Monum~n t Fauna
0 Denotes 1ron Monument 3et and
mar1<ed ~y License No. 10183
LeI> Thiny (JOI. rn....,..on. .(Jl ~ rn..ty-'_ (J21 and Thlrty-w.. (JJ1. REO
OAKS on ?rkJr LaX. Qcccrcinq to tn. 'lot. thefeoi Iii.. 01 recc..d i" ~n. ulrica
ot tn. ibqistM '31 O.eo. 101" 'Said Scott C.:)unty. M6nnaaCQ.
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i hereby certify that this topagrachic
survey was prepared oy me ar unaer my
~'(ect < pervt:Slon and that I am a duly
Lice e Land Surveyor under the lows
01 ' Slate (Jot nn /' a
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MinF1esota '.icense numoer 1018,3
Oated this 15th day al January, 1999
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RESOLUTION 99-12PC
A RESOL UTION APPROVING A 15.0 FOOT VARIAL'fCE TO PERJ."IIT A
DRIVEWAY WIDTH OF 39.0 FEET INSTEAD OF THE MAXIMUl\'1 WIDTH AS
lVlEASURED AT THE PROPERTY LINE OF 24.0 FEET.
BE IT RESOL YED BY the Board of Adjustment of the City ofPnor Lake, Minnesota;
FINDINGS
1. Charlotte Roehr has applied for a variance from the Zoning Ordinance in order to
permit the construction of a single family residence with attached garage on property
located in the R-1 (Suburban Residential) District and the SD (Shore1and Overlay)
District at the following location, to wit;
15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake
EXCEPT that part described as follows: Commencing at the southeast corner
of said Lot 29, the same being the northeast corner of Lot 28 of said itat;
thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along
the southerly line of said Lot 29, a distance of 13.89 feet to the point of
beginning of the land to be described; thence North 62 degrees 09 minutes 42
seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32
degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the
southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds
East 159.66 feet, along said southerly line to the point of beginning. And Lots
Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks
on Prior Lake according to the plat thereof files of record in the Office of the
Register of Deeds for Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for a variance as contained in
Case #99-043 and held hearings thereon on August 9, 1999.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
f:\dept\pJanning\99files\99var\99-043\re9912pc.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 44i4230 / Fax (612) 447-4245
AN F'nr IAI nppnRll JNI1Y FMPI nYFR
4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The lot is a peninsula and the access to the road must be raised to 907.9 elevation. A
turn around must be provided at the end of the road, which is adjacent to the
applicant's property. There is limited space to construct a turn around, as the road
was platted in 1930.
6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of
the property does not exist without the granting of the variance.
7. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is necessary to alleviate demonstrable hardship.
8. The contents of Planning Case 99-043 are hereby entered into and.made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance for future driveway with turnaround as per Exhibit A;
1. A 15.0 foot variance to permit a driveway width of 39.0 feet instead ofthe ma"timum
24.0 foot width as measured at the property line.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. An Assent Form must be signed and, pursuant to Section
1108.415 of the City Code, the variance will be null and void ifthe necessary permits
are not obtained for the proposed structure within one year after adoption of this
resolution.
Adopted by the Board of Adjustment on August 9, 1999.
f:\dept\planning\99files\99var\99-D43\re9912pc.doc
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Anthony Stamson, Chair
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HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
POST OFFICE BOX 67
PRIOR LAKE. MINNESOTA SS372
JAMES D. BATES
BRYCE D. HUEMOELLER
Telephone (612) 447-2131
Telecopier (61 2) 447-5628
October 19, 1999
Donald Rye
Prior Lake Planning Director
16200 Eagle Creek A venue
Prior La...lce, MN 55372
VIA FACSIMILE and U.S. MAIL
Re: Charlotte Roehr
Dear Mr. Rye:
This letter confirms that Charlotte Roehr and her neighbors, the Kists and the
Finnegans, have agreed on the form of an easement for access to their respective
properties and would now request that the City of Prior Lake initiate the necessary
proceedings to vacate the portion of the public road established in the plat of Red Oaks
that is adjacent to Lots 27 to 37.
A draft copy of the Declaration of Driveway Easement that will provide access
to the Kist, Finnegan and Roehr properties is attached for your information.
I am also enclosing a proposed legal description for the vacated road that you
may want to use in the vacation proceeding.
Call me witl1 a...'1y questions or with additional information that may be needed. I
would appreciate being provided copies of the staff report and notices.
~..
Bryce D. Huen:~
BDH:jd
Enclosure
cc: Charlotte L. Roehr
Robert and Selma Kist
Michael and Ann Finnegan
~ rn@rnO\'!7ill JR'~ II
i\\ I OCT 20 I!m II di
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DECLARATION OF DRIVEWAY EASEMENT
This agreement is made effective October _, 1999, by ROBERT P. KIST and
SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E.
HNNEGAN, husband and wife, and CHARLOTTE 1. ROEHR, a single person (the
Kists, Finnegans and Roehr being collectively referred to herein as the "Declarantslf).
RECITALS
A. The Kists are the owners of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 27, RED OAKS, Scott County, Minnesota, EXCEPT that part of said Lot
27 lying southwesterly of a line described as commencing at the most easterly
comer of said Lot 27; thence southwesterly along the southeasterly line of said
Lot 27 a distance of 77.90 feet to the point of beginning of the line to be
described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to
the right a distance of 249.5 feet to the northwesterly line of said Lot 27, and
said line there terminating.
AND
That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED
OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension
of the southeasterly line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
B. The Finnegans are the owners of real property in Scott County, Minnesota,
legally described as follows, to-wit:
Lot 28, RED OAKS, Scott County, Minnesota.
AND
That part of the 20 foot Road adjacent to the easterly line of Lot 28, RED
OAKS, Scott County, Minnesota, lying northerly of the southeasterly extension
of the southerly line of said Lot 28, and southerly of the southeasterly extension
of the northerly line of said Lot 28.
1
C. Roehr is the owner of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 29, RED OAKS, Scott County, Minnesota, EXCEPT that part described as
follows: Commencing at the southeast corner of said Lot 29, the same being the
northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42
seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning."
AND
Lots 30, 31, 32 and 33, RED OAKS, Scott County, Minnesota~
AND
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 29 to 33, RED OAKS, Scott County, Minnesota, lying northerly of the
southeasterly extension of the southerly line of said Lot 29 and southerly of the
southeasterly extension of the northerly line of said Lot 33.
NOW, THEREFORE, the Declarants hereby declare and establish a
nonexclusive perpetual easement for ingress, egress, driveway and utility purposes,
which shall be appurtenant and run with the title to each of the above described parcels
(which are referred to herein individually as a "Parcel" and collectively as the
"Parcels"), and subject to the covenants and charges herein, over, across and upon the
following portions thereof (the "Driveway Easement"), to-wit:
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 27 and 28, RED OAKS, Scott County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27 and southerly of
the southeasterly extension of the northerly line of said Lot 28.
1. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The
owners of each of the Parcels shall perform, as and when such owners deem necessary,
2
and pay the cost of such improvements to and maintenance of the Driveway Easement
as may be reasonably necessary for access to the owners' Parcel.
(b) Restoration. If the Driveway Easement or any improvements thereto
are damaged or destroyed by any cause, any owner who has use for the Driveway
Easement may restore it.
(c) Other Rights. Nothing in this Declaration shall prejudice the common
law or statutory rights of any owner to recover from any other owner for negligent or
willful acts or omissions.
2. LIMITATION. No owner of a Parcel shall cause or permit obstruction of or
interference with the rights in or use of the Driveway Easement by any other owner.
3. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and
inure to the benefit of each owner of the Parcels, and their respective heirs, successors
and assigns, for a term of 20 years from the date it is filed for record. Thereafter, this
Declaration shall automatically renew for successive periods of 10 years.
(b) Amendment. This Declaration may be amended with the written
approval of all record owners of the Parcels. Any amendment shall be made in fileable
form and effective on the date filed for record of filing with the Scott County Registrar.
(c) Plural. The singular shall include the plural, and plural may be read
as singular, where appropriate, and unless the context otherwise requires.
(d) Gender. The masculine gender may be read as the feminine gender
or the neuter gender, where appropriate, and unless the context otherwise requires.
(e) Liability. The obligations of the owners of the respective Parcels
shall be joint and several, except where the context otherwise requires.
(t) Enforcement. Any owner may enforce, by a proceeding at law or in
equity, or both, any provision of this Declaration. The proceeding may seek to restrain
the violation and to recover the damages resulting therefrom, together with the costs of
the proceeding, including reasonable attorneys' fees.
(g) Captions. The captions herein are inserted only for convenience and
reference and do not limit the scope of this Declaration.
3
(h) Severability. Invalidation of any provision of this Declaration by any
Court shall not effect the remainder hereof, which shall continue in full force and
effect.
ROBERT P. KIST
MICHAEL G. FINNEGAN
SELMA KIST
ANN E. FINNEGAN
CHARLOTTE L. ROEHR
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this _
day of , 1999, by Robert P. Kist and Selma Kist, husband and wife.
Notary Public '
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this _
day of , 1999, by Michael G. Finnegan and Ann E. Finnegan, husband and
wife.
Notary Public
4
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this _
day of , 1999, by Charlotte L. Roehr, a single person.
Notary Public
This instrument was drafted by:
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
5
LEGAL DESCRIPTION FOR V ACA TED ROAD
That part of the 20 foot Road adjacent to the northeasterly, easterly and
southeasterly lines of Lots 27 to 37, RED OAKS, Scott County, Minnesota,
lying northerly of the northeasterly extension of the southeasterly line of said Lot
27 and southerly of the southeast line of said Lot 37.
PORTION OF
"ED~~O~1(9~JlOAD TO "B\E'~ \J~oAt:g~".
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(/' City Council Meeting Minute'S"'"",,
November 1, 1999 )
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MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ISSUE AND TO
DIRECT STAFF TO SCHEDULE A PLANNING COMMISSION AND CITY COUNCIL WORK SESSION
IN ORDER TO MAKE A RECOMMENDATION ON THIS ISSUE AND POSSIBLE ORDINANCE
AMENDMENTS PRIOR TO THE JAN. 13, 2000 DEADLINE.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried.
Consider Approval of Resolution 99-XX Approving the Conditional Use Permit for a
Communication Tower located within the Candy Cove Right-of-Way.
MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ISSUE AND TO
DIRECT STAFF TO SCHEDULE A PLANNING COMMISSION AND CITY COUNCIL WORK SESSION
IN ORDER TO MAKE A RECOMMENDATION ON THIS ISSUE PRIOR TO THE JAN. 13, 2000
DEADLINE.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried.
Cf4 -~f4J .
7 con&;t Approw/"~. '9-120 Initiating the Vacation of a. Portion of Red Oaks Road
- Acljltcent to Lots 27-37, Red Oaks.
BOYLES: Reviewed the agenda item in connection with the staff report, the options available to resolve
the issue, and the recommendation by staff.
MADER: Asked if vacating the roadway eliminates City access for fire and police access.
KANSIER: Noted that the City and remaining property owners must received easements for access from
Ms. Roehr before the vacation would be initiated.
PACE: The easement agreements that would be acquired prior to initiating the vacation would have to
provide access easements for the City emergency vehicles and the remaining properties. The draft
easements before you are shown as a good faith intent by the property owners to proceed in this
fashion.
MOTION BY WUELLNER, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX INITIATING
THE VACATION OF A PORTION OF RED OAKS ROAD ADJACENT TO LOTS 27-37, RED OAKS.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of Ordinance 99-XX Amending City Code Section 105.300 Relating to the
Salaries of the Mayor and City Councilmembers.
BOYLES: Reviewed the agenda item in connection with the staff report, and noted that even with the
increase, the salaries would remain below the average across the metro area.
MOTION BY MADER, SECOND BY PETERSEN TO APPROVE ORDINANCE 99-XX AMENDING
CITY CODE SECTION 1 05.300 RELATING TO THE SALARIES OF THE MAYOR AND CITY
COUNCILMEMBERS.
7
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 1, 1999
9C
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 99-XX
INITIATING THE VACATION OF A PORTION OF RED
OAKS ROAD ADJACENT TO LOTS 27-37, RED OAKS
History: Charlotte Roehr owns property located at 15322 Red Oaks
Road. In July, 1999, Ms. Roehr received a variance to allow the
construction of a new dwelling on this site not meeting the minimum
setbacks, and allowing a driveway width greater than 24 feet. Since
this property is located in the Flood Plain, the existing road must be
elevated to provide flood free access.
Current Circumstances: Red Oaks Road is dedicated as a public
road, although it is currently not improved to City standards. The
question of how to deal with this situation was presented to the
Council by Ms. Roehr's attorney at a forum earlier this year. The City
Council directed staff to work with the property owner to find some
sort of solution.
There were basically three options available. The property owner
could have petitioned the City to upgrade the road as a public
improvement project. This would have required a petition from the
owner, and the costs would have been assessed back to the adjacent
property owners. The property owner could have also requested
Council approval of a "Private Use of Public Property" agreement.
The owner was concerned about the liability and indemnification
issues involved in this agreement. Finally, the applicant could have
requested the vacation of the road. However, there are other properties
adjacent to Red Oaks Road at this location that must be guaranteed
access.
The staff agreed that if all three property owners adjacent to Red Oaks
Road were to sign access easement agreements, we would look
favorably on the vacation ofthis portion of road right-of-way. The
staff also agreed to ask the City Council to initiate this vacation in
order to save the applicant the cost of the application fee.
1:\99file~\99.xac\99-069\920fi9c,",-doc Page 1
162UU Eagle CreeK Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
, ,
"
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
The attached letter from Bryce Huemoeller, attorney for Ms. Roehr,
notes that all three property owners have agreed on the form for the
access easement. The letter requests the Council initiate this process.
The Issues: Minnesota Statutes 412.851 allows the Council to initiate
by motion the vacation of any easements or right-of-way. A motion to
initiate the vacation will refer this matter to the Planning Commission
and allow the staff to schedule a public hearing at the City Council. In
addition, this action will eliminate the need for the property owners to
file a petition and pay the application fee.
Conclusion: The staff recommends the City Council initiate the
vacation of this easement. Any issues will be identified during the
reVIew process.
The City Council has three alternatives:
1. Adopt Resolution 99- XX initiating the vacation of a portion of the
Red Oaks Road right-of-way adjacent to Lots 27-37, Red Oaks.
2. Deny Resolution 99-XX.
3. Defer this item and provide staffwith specific direction.
Staff recommends Alternative #1. A motion and second as part of the
consent agenda to approve Resolution 99-XX initiating the vacation of
a portion of the Red Oaks Road right-of-way adjacent to Lots 27-37,
Red Oaks.
anager
1:\99files\99vac\99-069\99069cc.doc
Page 2
RESOLUTION 99-)0(
RESOLUTION INITIATING THE VACATION OF A PORTION OF THE RED OAKS ROAD RIGHT-
OF-WAY ADJACENT TO LOTS 27-37, RED OAKS
BY: SECOND BY:
WHEREAS, Red Oaks Road adjacent to Lots 27-37, Red Oaks, is dedicated as a public road;
and
WHEREAS, this section of Red Oaks Road is not improved to City standards, and
WHEREAS, the adjacent property owners wish to make some improvements to this road; and
WHEREAS, in order to determine whether the vacation of this easement is or is not in the public
interest, the City Council has initiated the vacation process by motion.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant
to Minnesota Statues 412.851, the process tor the vacation ot a portion ot the Red Oaks Road
right-ot-way adjacent to Lots 27-37, Red Oaks, is hereby initiated.
Passed and adopted this 1st day of November, 1999.
MADER MADER
KEDROWSKI KEDROWSKI
PETERSEN PETERSEN
SCHENCK SCHENCK
WUELLNER WUELLNER
YES
NO
Frank Boyles, City Manager
City of Prior Lake
{Seal}
116~o~e~~~y:c~i~2~9){~:,x~~~~oPrior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / ~~~ l612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
JAMES D. BATES
B YCE D. HUEMOELLER
Telephone (612) 447-2131
Telecopier (612) 447-5628
October 1 9, 1999
onald Rye
P ior Lake Planning Director
1 200 Eagle Creek A venue
P iar L~ke, MN 55372
VIA FACSIMILE and U.S. MAIL
Re: Charlotte Roehr
D ar Mr. Rye:
This letter confirms that Charlotte Roehr and her neighbors, the Kists and the
Finnegans, have agreed on the form of an easeme1tt for access to their respective
p perties and would now request that the City of Prior Lake initiate the necessary
pr ceedings to vacate the portion of the public road established in the plat of Red Oaks
th t is adjacent to Lots 27 to 37.
A draft copy of the Declaration of Driveway Easement that will provide access
to the Kist, Finnegan and Roehr properties is attached for your information.
I am also enclosing a proposed legal description for the vacated road that you
m y want to use in the vacation proceeding.
Call me with any questions or with additional information that may be needed. I
w uld appreciate being provided copies of the staff report and notices.
~
Bryce D. Huem~
B H:jd
En losure
cc: Charlotte L. Roehr
Robert and Selma Kist
Michael and Ann Finnegan
D rn@rn. OIW@'~'I
locr2019OO I
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DECLARATION OF DRIVEWAY EASEMENT
This agreement is made effective October _, 1999, by ROBERT P. KIST and
SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E.
FINNEGAN, husband and wife, and CHARLOTTE 1. ROEHR, a single person (the
Kists, Finnegans and Roehr being collectively referred to herein as the "Declarants").
RECITALS
A. The Kists are the owners of real property in Scott County, Minnesota,Jegally
described as follows, to-wit:
Lot 27, RED OAKS, Scott County, Minnesota, EXCEPT that part of said Lot
27 lying southwesterly of a line described as commencing at the most easterly
comer of said Lot 27; thence southwesterly along the southeasterly line of said
Lot 27 a distance of 77.90 feet to the point of beginning of the line to be
described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to
the right a distance of 249.5 feet to the northwesterly line of said Lot 27, and
said line there terminating.
AND
That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED
OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension
of the southeasterly line of said Lot 27, and southerly of the southeasterly
extension of the most northerly line of said Lot 27.
B. The Finnegans are the owners of real property in Scott County, Minnesota,
legally described as follows, to-wit:
Lot 28, RED OAKS, Scott County, Minnesota.
AND
That part of the 20 foot Road adjacent to the easterly line of Lot 28, RED
OAKS, Scott County, Minnesota, lying northerly of the southeasterly extension
of the southerly line of said Lot 28, and southerly of the southeasterly extension
of the northerly line of said Lot 28.
1
, . l ..
C. Roehr is the owner of real property in Scott County, Minnesota, legally
described as follows, to-wit:
Lot 29, RED OAKS, Scott County, Minnesota, EXCEPT that part described as
follows: Commencing at the southeast corner of said Lot 29, the same being the
northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42
seconds West (assumed bearing) along the southerly line of said Lot 29, a
distance of 13.89 feet to the point of beginning of the land to be described;
thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly
line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West-along
said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68
degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the
point of beginning.
AND
Lots 30, 31, 32 and 33, RED OAKS, Scott County, Minnesota.
AND
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 29 to 33, RED OAKS, Scott County, Minnesota, lying northerly of the
southeasterly extension of the southerly line of said Lot 29 and southerly of the
southeasterly extension of the northerly line of said Lot 33.
NOW, THEREFORE, the Declarants hereby declare and establish a
nonexclusive perpetual easement for ingress, egress, driveway and utility purposes,
which shall be appurtenant and run with the title to each of the above described parcels
(which are referred to herein individually as a "Parcel" and collectively as the
"Parcels"), and subject to the covenants and charges herein, over, across and upon the
following portions thereof (the "Driveway Easement"), to-wit:
That part of the 20 foot Road adjacent to the northeasterly and easterly lines of
Lots 27 and 28, RED OAKS, Scott County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27 and southerly of
the southeasterly extension of the northerly line of said Lot 28.
1. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The
owners of each of the Parcels shall perform, as and when such owners deem necessary,
2
. ,
I.. .1.,
and pay the cost of such improvements to and maintenance of the Driveway Easement
as may be reasonably necessary for access to the owners' Parcel.
(b) Restoration. If the Driveway Easement or any improvements thereto
are damaged or destroyed by any cause, any owner who has use for the Driveway
Easement may restore it.
(c) Other Rights. Nothing in this Declaration shall prejudice the common
law or statutory rights of any owner to recover from any other owner for negligent or
willful acts or omissions.
2. LIMITATION. No owner of a Parcel shall cause or permit obstruction of or
interference with the rights in or use of the Driveway Easement by any other owner.
3. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and
inure to the benefit of each owner of the Parcels, and their respective heirs, successors
and assigns, for a term of 20 years from the date it is filed for record. Thereafter, this
Declaration shall automatically renew for successive periods of 10 years.
(b) Amendment. This Declaration may be amended with the written
approval of all record owners of the Parcels. Any amendment shall be made in fIleable
form and effective on the date filed for record of filing with the Scott County Registrar.
(c) Plural. The singular shall include the plural, and plural may be read
as singular, where appropriate, and unless the context otherwise requires.
(d) Gender. The masculine gender may be read as the feminine gender
or the neuter gender, where appropriate, and unless the context otherwise requires.
(e) Liability. The obligations of the owners of the respective Parcels
shall be joint and several, except where the context otherwise requires.
(t) Enforcement. Any owner may enforce, by a proceeding at law or in
equity, or both, any provision of this Declaration. The proceeding may seek to restrain
the violation and to recover the damages resulting therefrom, together with the costs of
. the proceeding, including reasonable attorneys I fees.
(g) Captions. The captions herein are inserted only for convenience and
reference and do not limit the scope of this Declaration.
3
. .
(h) Severability. Invalidation of any provision of this Declaration by any
Court shall not effect the remainder hereof, which shall continue in full force and
effect.
ROBERT P. KIST
MICHAEL G. FINNEGAN
SELMA KIST
ANN E. FINNEGAN
CHARLOTTE L. ROEHR
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this _
day of , 1999, by Robert P. Kist and Selma Kist, husband and wife.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this _
day of , 1999, by Michael G. Finnegan and Ann E. Finnegan, husband and
wife.
Notary Public
4
'" ~ ' lit
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This Declaration of Driveway Easement was acknowledged before me on this _
day of , 1999, by Charlotte L. Roehr, a single person.
Notary Public
This instrument was drafted by:
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
5
, ".
.
LEGAL DESCRIPTION FOR VACATED ROAD
That part of the 20 foot Road adjacent to the northeasterly, easterly and
southeasterly lines of Lots 27 to 37, RED OAKS, Scott County, Minnesota,
lying northerly of the northeasterly. extension of the southeasterly line of said Lot
27 and southerly of the southeast line of said Lot 37.
(1/ -o&.,
Correspondence
L:\TEMPLA TE\FILEINFO.DOC
~
March 6, 2000
Bryce Huemoeller
Huemoeller & Bates
16670 Franklin Trail
Prior Lake, MN 55372
RE: Red Oaks Road Vacation
Dear Bryce:
Enclosed please find a true copy of Resolution 99-137 vacating a portion of Red Oaks
Road. A condition of the vacation is that the City maintain a drainage and utility
easement over the vacated portion of the road as legally described in the resolution.
According to the City Attorney, the city possesses the easement as a condition of
vacating and therefore, no additional documentation (deeds or transfer of title) is required
for the easement. The City does have a copy of the Private Declaration of Driveway
Easement which allows for access of adjacent property owners and specifies what part of
the vacated roadway belongs to which adjacent property owners.
Both documents need to be recorded in order to execute the vacation. Please provide the
City with proof of recording of both documents. Building or grading permits cannot be
issued until such proof of recording has been submitted. Should the county require
additional documentation, please provide a copy to the Planning Department for our files.
I can be reached at (612) 447-9813 if you have any questions.
Sincerely, . j
/"j
(_/f~~ r~
if'nni Tovar
Planner
Enclosure:
True Copy Resolution 99-137
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
~AR 02 '00 11:56AM HUEMOELLER & BATES
P.1/9
FAX TRANSMISSION
HUEMOELLER & BATES
16670 Franklin Tr~i1
Prior Lake, MN 55372
(612) 447-2131
Fax: (812) 447-5628
To: Ienni Tovar - City of Prior Lake Date: March 2, 2000
Fax #: 447-4245 Pages: lof~
From: Bryce Huemoeller
Subject: Red Oaks Vacation
CONFIDENTlALl'rf NOTICE: The dCJC&I'",nr(s) accompanyi1lg this fax cOlltain tJo7ljideFltiDl i1!fr;lrmarion which is legally
privileged. The iriformtllion is ",tended only for th, use CJfthe intended recipient. .(fyou are /lor the intended recipient, you
are hereby notified lhol 'Illy disclosure, copying, distributioll or lhe lalt.i", of Clny act;r;ln in reli4l1ce 011 the contents of the
telecol'ied informarion except it.~ direct delivery 10 rhe illlent/ed recipient named above is srricrly prohibited. I/you halle
received this/fa in errOT, please nOTifY us immediarely by telephone 10 a"ange/or return o/the original documents to us.
COMMENTS:
Enclosed for your information please .find a copy of the fully executed
Declaration of Driveway Easement and the Assent of Applicant.
,0
CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372
Date:
2ND
~'
Number of
To:
7F1~
SCD-\t' Ll~
IWP-...
From:
Connie Carlson
City of Prior Lake
Phone, ~ _ ~
Fax phone: ~, /'7J-7C,I:j
CC:
Phone: (612) 447-9810
Fax phone: (612)447-4245
REMARKS:
o Urgent
o For your review 0 Reply ASAP
o Please comment
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December 16,1999
Charlotte Roehr
15322 Red Oaks Road
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Dear Ms. Roehr:
Attached is a City Council Agenda and Agenda Report for the December 20, 1999,
meeting. If you have any questions, please contact me at 447-4230.
SincerelO. ~A',^,; A ,
~nSier. AI~r''''''--
Planning Coordinator
Enclosure
16200 E~~~I~}~~~9\,,ge?~~~~W8fLake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f2~aJ7-4245
AN EQUAL OPPORTUNITY EMPLOYER
PRIOR LAKE-SPRING LAKE WATERSHE
PROJECT REVIEW
December 9, 1999
Applicant:
Permit Application No. 99-21
Agent:
Charlotte Roehr
15322 Red Oaks Road
Prior Lake, MN 55372
(612) 440-6909
Charles L. Brown
TSP1, Inc.
21 Water Street
Excelsior, MN 55331
(612) 474-3291
Recommendation: No permit required.
Location:
Purpose:
Exhibits:
Findings:
Although a permit is not required, erosion and sediment control Best Management
Practices are to be incorporated and maintained. Items are not proposed in the
project scope that should be considered include:
. Filter fabric under a riprap proposed to armor east access road embankment.
. Silt fence downstream of graded areas along project corridor.
15322 Red Oaks Road, Prior Lake
Application for construction of a 150:!: foot access drive to future home.
1. Permit application dated December 6, 1999, received December 7, 1999.
2. Local-State-Federal Water Resource Project Notification/Application Form
prepared by Charles Brown dated November 15, 1999, received November
17,1999.
3. Topographic survey prepared by Valley Surveying Company, PA, last
revised June 3,1999, received November 17,1999.
4. Driveway concept plan prepared by Charles Brown undated, received
November 17,1999.
5. PLSLWD Permit File 99-05.
1. Proposed project entails construction of a 12-foot wide access drive riparian
to Prior Lake within an existing 20-foot wide public roadway easement.
Existing earthen drive within the public roadway easement serves three
single-family residential lots.
2. Proposed project entails 50 cubic yards of lakebed fill below the OHW
elevation of Prior Lake (904). This fill is regulated by the Minnesota
Department of Natural Resources.
, ..
Proposed project also entails an unquantified amount of floodplain fill to raise
the access driveway elevation to 907.9 feet above mean sea level per Prior
Lake Ordinance 1105.402. Since the City of Prior Lake has adopted this
ordinance which prescribes allowable floodplain encroachment, the project is
exempt from the District's Rule D - Floodplain Alteration.
3. Proposed project does not impact wetlands.
4. Proposed project does not change overall existing drainage patterns and
provides adequate surface water drainage from adjacent lots via a 12-inch
CMP underneath proposed drive.
5. The project will not adversely impact the water quality of Prior Lake as long
as erosion and sediment control Best Management Practices are
incorporated and maintained.
6. The project disturbs less than 1 acre and is therefore exempt from District
Rule C - Stormwater Management Plan.
7. PLSLWD Permit 99-05 was issued for the Red Oaks Addition immediately
east of the site. This project entailed similar lakebed and floodplain fill
required to meet Prior Lake Ordinance 1105.402. The project required a
permit since subdivision activities were also proposed.
Board Action:
DATE: l~/ I C/qq
J
To: ~./Y\ t IW- Bet @ # .3,~ ~ -9155<;(
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NUMBER OF PAGES:
'1-
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(including cover)
FROM: ~ 1"Qt;>\L +? f\.~vJ
FAX No.: 447-4245
Notes From The Sender:
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PLEASE CALL ~ ~
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IF You Do NOT RECEIVE
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
December 3, 1999
Charlotte Roehr
15322 Red Oaks Road
Prior Lake MN 55372
RE: Agenda and Agenda Report
Attached is a City Council Agenda and Staff Report for the December 6, 1999 City
Council meeting. You or your representatives are expected to attend the meeting. You
will be given the opportunity to speak regarding your proposal and the staff report. The
meeting begins at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point
Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting,
please call me so your item can be deferred to the next City Council meeting. If you
have any questions. please contact me at 447-4230.
Sincerely,
~~J6lJW
GJ,-ni Tovar I ~
City Planner
Enclosure
I:\deptwork\blankfrm\meetltr.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
SENT BY: DNR METRO;
12- 6-99 3:15PM; 6127727573 ->
6124474245;
#1/2
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~ East Metro Area Trails an" Waterways
DEPAA1IIINl' OF
NATWL 1IlIOUIll2S
1200 Warner Roael
Saint Paul. Minnesota SS106
Phone 651. 77'2. 7937
Facsimile 6S1. 77'2. 7977
December 2, 1999
Ms. Jenni Tovar, Planner
City of 'Prior Lake
16200 Eagle Creek Avenue S.B.
Prior Lake, Minnesota S S 372
Subject: Petitioa to V.cate a Portion orRed Oaks Road Right of WilY - Public Hearing Notice
Dear Ms. Tovar:
I havc reviewed the: information .;onccmi1'l8 the above application for vacation. Our department hos
looked into this matter c8l'cfully, and has decided to oppose this vacation.
Generally, the Department ofNaturaJ Resources opposes all such vacations of public right of way
adjacent ta public waters far a 'l'lumber of reasons:
. It is impossible to project what potential public uses and value public shoreline could have in the
long-tenn. Once vacated, it is lost to the public forever.
. The state owns the Jake bed. Therefore, public ac:cess to public water should he retained
whencver and wherever possible.
. The street is currently owned by the public. It should not be given away to private interests.
. The public can potentially use shoreline like that at Red Oaks Road for a variety of pwposes
including shore fishing, canoe access., winter access. swimming, picnic areas, sightseeing and
others. These opportunities should not be given away.
Tbe Red Oaks Road Euemcat haa additional olltltandiag features. Va~atiDg tbe site ....ould be a
very sigoificll.t los.:
. The amount of shoreline proposed to be vacated is substantial, thereby increasing its long-term
potential for public use.
. The proposed vacation is located in an area with increasing population. This opportunity for
Minnesotans to access their lake should be preserved.
. Prior Lake is currently under-served in terms of public access. This $ite offers an additional
long-term opportunity for the public to access a public lake.
We recognize that immediate utility of this public shoreline is limited. and that its current best use is as an
access road to private property. but recommend that the: eil)' retain ownership in the long.tenn interest of
SENT BY: DNR METROj
12- 6-99 3:15PMj 6127727573 ->
6124474245j
#2/2
~
the public:. It is a disservice to state and loeal residents to give away valuable public property to
accommodate a single individual. The city should continue to explore optioD.S fur ~commodating the
needs of the affected private interests, but retain ownership.
This road vacatioD proposal should b. denied.
Thank you. for the opportunity to comment on this proposal, lfyou have further questions, please contact
me.
Sincerely,~ /
A /"
--,? .) "
. 0 ~ <:-/" "A-7"/ ~2
' ort J. K.ellih'~
Area Trails at'ld Waterways S pervisor
c: Bill Johnson, Metro RelioD Trails and Waterways Supervisor
JOlll1 Eichhorst, omce of the Mi.nneiOta Attomey Oc:nera1
Kathlten Wallace, MellO Regional Administrator
Pat Lynch. DNR Area Hydrologil'
I't~..---,,-...... .w.....
CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372
Date:
/ (). ,- j-LJ c;
IS-
Number of pages including cover sheet:
To: A A
. UP MfA/{ ), tt~-e~
/-
From:
Connie Carlson
City of Prior Lake
Phone:
Fax phone: '-- 33 [(~ 7 ff' 51f
cc:
Phone:
Fax phone:
(612) 447-9810
(612)447-4245
REMARKS~
D Urgent
D For your review D Reply ASAP
D Please comment
I~ 'SUuicvYJ -
~. wouUe ~ ~ ~i ~(r2-
~ ON ~fJ~h&,
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&Mrke
NOV 30 '99 10: 16AM HUEMOELLER & BATES
P.1/7
FAX TRANSMISSION
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
(612) 447-2131
Fax: (612) 447-5628
To:
Jenni Tovar - City of Prior Lake
447-4245
Date:
November 30, 1999
10f7
Fax#:
Pages;
From: Bryce Huemoeller
Subject: Red Oaks Vacation
CONFlDENIIAL/TY NOTlCE.- The dOCMIt!1Jr(s) accompanying this fax. contain collfldellI;121 tnjoT7/1D.tion which is legDlly
privileged. The infonnarion is iflr~ndlld only for che US~ of thl imended recipieflI. !!you are not the ;1Jle1llied recipient, you
(./rl/ IuIreby norified Ih(ll any disclo.tl(.re, copying, distribution aT the taking of lJny action in reliance on the COlllilnIs of the
telecopied infof'mQliotllf;&cept its direct delivery to the inftmdllfi Ttlcipienl named abo\lflt is smetly pl"fJhibiled. Ifyo/J. have
received chis faz in uror. please norify liS i1TDnediately by telephone to arr"nge faT TeCUm oj' ,he original docunJ611tS co us.
COM:MENTS:
I have revised the proposed Driveway Easement in 'response to Suesan Pace's
comments:
1. A new Paragraph 2 has been added for the use of the easement by emergency
personnel.
2. Paragraph 3 (formerly 2) has been revised to prevent interference with
emergency vehicles and personnel.
3. The fIrst page has been reformatted so that the document can be fIled as a
standard.. document.
cc: Suesan Lea Pace, Esq. (via fax 338-7858)
cc (via mail): Charlotte L. Roehr
Michael and Ann Finnegan
Robert and Selma Kist
DATE:
} I -,3 () -7/
~~D~
To::Ye,tf- rdlil'r@# ~Sr)77)-7'i77
@#
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NUMBER OF PAGES:
FROM: JQA1/l.<<
\j (including cover)
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FAX No.:
447-4245
Notes From The Sender:
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'thisfacsirilile iSCO[1fidentialand i p. ....... .
eid above. If you have received this facsimil
. . r immediately and destroy the transrT1issi()n~.'.
PLEASE CALL ~Avv~
ALL PAGES.
AT q<i71tC3
IF You Do NOT RECEIVE
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
August 6, 1999
TO:
FROM:
The Mayor and City Council
Frank Boyles
SUBJECT:
Charlotte Roehr Agreement for Private Improvements of Public Property
Attached is a memo from Bryce Huemoeller expressing his concerns about language
contained in our standard agreement for private improvement of public property. The Council
will recall that we have used standardized language to eliminate special deals for different
parties.
Bryce wants to be heard by the Council on this subject at the August 16 meeting. This is an
administrative matter and should be resolved with the staff before it reaches the council.
We are going to want to do so in the next week. If we fail, and assuming the Planning
Commission addresses the matter at their August 9 meeting, I will recommend that the idea be
placed on the agenda and that the Council determine whether the standard language or
modified language is acceptable on August 16.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AUG 05 '99 04:05PM HUEMOELLER & BATES
p.i/a
FAX TRANS~SSION
HUEMOELLER & B~ES
16670 Franklin Tra I
Prior Lake, MN 553 2
{612} 447-2131
Fax: (612) 447 ~56"
Fax#:
Frank Boyles
Prior Lake City Manager
447-4245
Date:
August 5, 1999
To:
Pages:
lofg
From: Bryce D. Huemoeller
Subject: Roehr - Agreement for Private Improvement of:Aublic Property
,
CONFlDENTlALrrY NOTICE: The dcJClI.t1t1!11t(s) accompcmying t/lis fp.% comain confllienlial information whie!a is legally
privileged. The information is intem1ed only for the use of rhe hllendfd rtcipient. /fyoll are Tlolrhe interuJed recipienr,
you art hereby notified rhol airy disclosure, copying. distribulion 0" the taking of any aCzi(Jn in relicmce on the conleT11s of
thll relecopied infonnalion ~cepl us direct delivery 10 the intendlld rtICipient 1IQmed above is strictly prohibited. JfycJII.
lIave received rhisft;lZ iTl error, please notify us immedialllly by relepllone to arruTlgefor return of the original documl!lIts
to us.
. A memo to the City Council is attached regardiIt the proposed agreement needed for
Charlotte's building permit~
This agreement should be on the City Council's ~genda for August 16 (Charlotte cannot
attend the September 7 meeting).
I think the unresolved issues are matters of poliqythat can be evaluated by the City
Council; however, I am told that the agree~ent will n,*- be placed on the agenda until it is
signed.
I am asking thaI Ibis maner be placed on The August 16 agenda, so that the agreement
can be fmalized and Charlotte can geL the permit witb.i1i the month.
Enclosures
cc: Suesan L. Pace, Esq. (338-7858)
PL Planning
Charlotte Roehr (904-4236)
AUG 05 '99 04:05PM HUEMOELLER & BATES
P.2/8
MEMORANDUM
HUEMOELLER & BATES
16670 Franklin Trail Southeast
Prior Lake, MN 5~3 72
(612) 447-2131
Fax (612) 447-5628
To:
Prior Lake City Council
Bryce Huemoeller
August 5, 1999
Charlotte 1. Roehr - Agreement fo~ Private Improvement of Public
Property
From:
Date;
Subject:
This memorandurn.responds to the August 4 edition of the proposed agreement for
private improvement of public property that is needed for Charlotte Roehr to obtain a
building permit for a new home at 15322 Red Oaks Road. We would ask that this memo
be furnished to the City Council members along with the draft agreement.
,
The agreement is acceptable to Charlotte, except with respect to the following
proposed changes:
1. The second sentence of Paragraph 3 appe~s to make Charlotte primarily
responsible for maintenance of the portion of the ro~d she is improving for her new home.
Since that portion of the road also provides access to an existing house (Kist), a seasonal
cabin (Flannagan) and several unimproved lots to the north of Charlotte, we think it is
unfair to place the primary burden of maintenance oh Charlotte. She is willing to pay the
cost of raising the elevation of the road (to the benefit of herself and other adjacent
owners) but she feels that the other owners should provide the maintenance needed for
access to their own properties. Accordingly, she recommends that the second sentence of
Paragraph 3 be changed to read:
"The cost of such maintenance may be divided aIIlong the Owner and other
property owners adjacent to the Road as they may from time to time determine."
I
AUG 05 '99 04:05PM HUEMOELLER & BATES
P.3/8
2. We would request that Paragraph 4 of the dfaft agreement be changed to limit
Charlotte's indemnity to assuring that the road improvements comply with the approved
plans. The City has made a discretionary decision to not improve or maintain the road.
The City has liability protection for its discretionary ~cts , therefore it has minimal or no
exposure to claims arising from the use and maintenance of the road. To the extent that
exposure does exist, the construction of the improvements to raise the elevation of the
road does not appear to change the historic liability e~osure that the City has always has
since the Red Oaks area was annexed. Charlotte woU;ld request that the indemnity
provision in Paragraph 4 be limited to the construction of the Road Improvements within
industry standards for typical residential use, in acco~dance with the approved plans.
3. Charlotte will maintain a genera1liability msurance policy providing coverage
for damage to the property of others or injury to pers~ns as required by the first sentence
of Paragraph 5 of the draft agreement. However, I have talked with underwriters at the
State Farm Insurance regional office (her carrier) and have been told that she will not be
able to procure contractual liability coverage througb State Fann. Contractual liability
coverage is not available through State Fann as a standard or endorsed coverage t6 a
standard residential policy. The residential Wlderwriter with whom I talked also
conferred with the commercial lines department and.was told that, in the view of State
Farm, Charlotte did not have a sufficient insurable interest in the public road (nor was
there sufficient business type activity) to support an independent commercial liability
policy with contractual coverage. In essence, the State F31m representative with whom I
talked said that the contractual liability coverage contemplated by Paragraph 5 of the draft
agreement is simply not available on a residential b~is through a standard carrier, and
that it would probably be necessary to consult with a. specjaIity carrier for the coverage. I
did informally talk with three other insurance agents about the contractual liability
coverage and was advised (informally) that their companies would probably not issue
such coverage in a residential context
Although I could do more research, it appeaI'$ that contractual liability insurance
for the indemnity obligations in the draft agreement\vill be Vel}' hard to procure and
probably expensive. If this requirement stays in the' agreement, it will seriously affect the
value and marketability of Charlotte's home. Consequently, we would ask that the
.
paragraph be modified to read as follows:
"So long as such coverage can be reasonab1i' obtained by the Owner as part of a
standard homeowner's insurance policy without additional cost, the Owner shall
maintain general liability insurance coverage upon the Road for any damage to
the property of others or injury to persons.' Such coverage shall be on an
occurrence basis and, if reasonably available without additional cost, shall
2
AUG 05 '99 04:06PM HUEMOELLER & BATES
P.4/8
include contractual liability coverage with res.,ect ta the indemnity obligation in
Paragraph 4 above. The Owner shall on re~st provide the City with a
certificate of jnsurance far such coverage.
4. In Paragraph 6 of the draft agreement, Charlotte is asked to waive possible
claims against the City. We think the claims of concern to the City are that the City has
abandoned the road and for damages if Charlotte is irijured while using the road. -
Consequently, we would request that Paragraph 6 be limited as follows:
"The Owner acknowledges that the Road is a public street and knowingly waives
any and all claims against the City related to the Owner's use of the Road,
including but not limited to claims of abandonh1en~ except any claims which are
the result of the sole negligence or willful misconduct of the City, its employees or
agents." .~.
5. It is the intention of the agreement that it apply to Charlotte, and any successor
owner, only during the period of time that she or her.successors actually own the property
at 15322 Red Oaks Road. To make this clear, Paragraph 9 should be modified to read:
"This Agreement shall run with the land and ~ind and inure to the benefit of the
parties hereto and their respective heirs, successors and assigns; provided,
however, that the Owner and each successor 9wner of the Owner's property shall
be fully discharged and relieved of liability under this Agreement upon ceasing to
own any interest in the Owner's Property,"
Charlotte Roehr and I plan to attend the city council meeting to answer questions
relating to the issues in this memo.
BDH:dw
cc: Suesan 1. Pace, Esq.
Charlotte 1. Roehr
Prior Lake Planning
.'
3
.*
,
CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372
Date:
~~3
Number of pages including cover sheet:
To:
~/
,5fo~
From:
Connie Carlson
City of Prior Lake
Phone:
Fax phone:
Phone:
Fax phone:
(612) 447-9810
(612)447-4245
cc:
REMARKS~
D Urgent
D For your review D Reply ASAP D Please comment
1& ~ Uuu; U7tt:L ~1/L-
~~-
~.e-(Ju'L~~- ~
~~~/~~
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FILE C-fJPY-
November 18, 1999
Patrick lynch, Area Hydrologist
Minnesota Department of Natural Resources
Division of Waters
1200 Warner Road
St. Paul, MN 55106
RE: Petition to Vacate a Portion of Red Oaks Road Right-Of-Way
Dear Pat:
The City of Prior lake is petitioning to vacate the dedicated right-of-way of Red Oaks
Road adjacent to lots 27-37. The vacation is a result of the request form Charlotte
Roehr. Drainage and utility easements will be granted to the City. The attached map
identifies the location of this vacation and proposed easement.
The Prior lake City Council will hold a public hearing on this petition on December 6,
1999, sometime after 7:30 PM in the Council Chambers at Fire Station #1,16776 Fish
Point Road SE, Prior lake, MN.
Although we notified you of this matter by referral on November 5, 1999, Minnesota
Statutes 9412.851 requires that the commission of the DNR receive official notice of the
public hearing. This letter serves as an official notice. On November 12, 1999, the
Planning Department received your comments of no opposition to the request.
Thank you for your attention to this matter. If you have any questions, please contact
me at 447-4230.
. cerely, < J
l,{ ctC1lJ
nni Tovar
lanner
Enclosure
\\fs 1 \sys\dept\planning\99files\99vac\99-069\dnmote.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
16670 FRANKLIN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
I! O\Y11! ~
. t 1 t999 ~I
I
HUEMOELLER & BATES
ATTORNEYS AT LAW
L
JAMES D. BATES
BRYCE D. HUEMOELLER
November 16, 1999
Telephone (612) 447-2131
Telecopier (612) 447-5628
City of Prior Lake
Planning Department
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Re: Water Resource Project Notification/Application Form
Charlotte L. Roehr, 15322 Red Oaks Road, Prior Lake, MN
Dear Sir or Madam:
Enclosed for your information please find a copy of the Water Resource Project
Notification/Application Form with regard to the above matter.
Sincerely yours,
#. /{1.d dM ,,/ //u /tti--
UCJ-'(U IV. y:vu-vr~-
Bryce D. Huemoeller
BDH:ab
Enclosure
,
~-' .-
NA-I/ltJ2/1-11I LOCAL - STATE. FEDERAL WATER RESOURCE PROJECT NOTIFICATION I APPUCATION FORM
Use this form to notify/apply to the u.s. Army Corps of Engineers. the Minnesota Department of Natural Resources. and your Local Government Unit of a proposed
water/wetland project or work which may fall within their Jurisdiction. These agencies should advise you of their jurisdiction or permit requirements within 45 days.
Some LGU's may also require submission of their own application fonns. Fill out this fonn completely and mail a copy. with plans. maps, etc. to each of the agencies
listed on the reverse of the form. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK.
AGENCY USE ONLY: LGU NUMBER:
NUMBER:
MDNR NUMBER:
CORPS
I. Applicant's Name (last, First. M.I.) Authorized Agent. if any Area Code. T~hone
Roehr, Charlotte L. Charles L. Brown, Architect p14 474- 291
Address (SIreet, RFD, Box Number. City, Stale, Zip Code)
15322 Red Oaks Road, Prior Lake, MN 55372
II. Location of proposed project (attach drawina showing how to get to site) See Exhibit C
COUNTY QUARTER SECTION(s) SECTIONS(s) No. TOWNSHIP(s) No. RANGE(s) No. Let, \~d ~'k~1on
Scott
FIRE No., BOX No., OR PROJECT ADDRESS NAME OF WATERBODY AFFECTED and NUMBER (IF KNOWN)
15322 Red Oaks Road, Prior Lake--- Prior Lake
III. ESTIMATED PROJECT COST: S 11,650 LENGTH OF SHORE AFFECTED (in feel): 100
IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards): 50 (NOTE: You may substitute din1en&bns)
V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): ~ACCESSPATH o BRIDGE o CUlVERT o DAM
DJ CONSTRUCT o DRAIN o EXCAVATE o DOCK ~ RIPRAP o SAND8l..ANKET
~FILL o REMOVE D~
I1lILAKE gg SHORELINE o WATERWAY o WETLAND
--
OTHER (DESCRIBE):______._____________________________.__..____________..______
WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLEDIDRAINED:
VI. P~O"'ECT P~RPOSE .(why Is ~ ~l\Ct needed-what benefits will It ~~?2: R d 0 k Road to 907.9 feet above
alse eevatlon 0 lveway access to e a s
mean sea level per Prior Lake Ordinance 1105.402.
VII. AL TERNA TIVES (describe any other sites or methods that could be used to achieve the ~e of your troject whUe avoiding or minimizifIJ wetlandlwater
Impacts: Attach additional sheets ifneeded). None - 20 foot J;>ublic road has een sole means 0 access to
house at 15322 Red Oaks Road since 1930; lncrease in road elevation is necessary to
compl1 with new DNR approved flood plain ordinance; publicri~hts are being vacated
to al ow minimum improvements/impacts as private driveway rat er than to public
road standards.
VIII. DATes: Proposed start of activity: Proposed completion:
December 1999 May 2000
IX. ADJOINING PROPERTY OWNERS (Attach list if more than two)
Name . 153t~~~d Oaks Road, PrioPtake, MN 55372 State ZIp
Robert and Selma K1St,
Michael and Ann Finnegan, 1080 Ohio Street, West St. Paul, MN 55118-1226
x. PERMITS haw been received (enter an ID or already applied for (enter an 6) from: .__ DNR .______ ARMY CORPS OF ENGINEERS____ COUNTY
City of Prior Lake
I hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permits or other detennlnatloms
concerning this project that I must obtain. I understand that proceeding with work before all required authorizations are obtained may subject me to
Federal, State, andlorlo~1 administrative. c;ivil a~ criminal pen~es.
/~\tv~~,;.f 7[ln{i'., /!'
___.._____.~-:~~-~~-'.?/'":"-\:::.~-..-~!::--...u-y J_y.__.:..~__._._._..__._____.________
Signature of Person Proposing Prqect or Agent
Charles L. Brown, Architect
~~Y~~1?_~..!__~_~_19~~_..
DATE:
INSTRUCTIONS-PLEASE READ CAREFULLY
A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. Please check the appropriate
spaces below to show elJel)lWhere you are sending this fam. Remember to keep a copy for your records.
-L LOCAL GOVERNMENT UNIT (LGU): city, county, or watershed ma"ment ~n~.
Specify the LGU to which you are sending the fam: G 1. ty 0 r1.0 r a e
The IocaJ SOIL AND WATER CONSERVATION DISTRICT (SWCD) for the project.
Specify the county SWCD:
x
WATERSHED DISTRICT (if one exists for the ~ject area).
Specify the Watershed District: Prior Lake-Spring Lake Watershed District
x
X
MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MDNR) regional office
U.S. ARMY CORPS OF ENGINEERS (ACOE). Send the ACOE copy to:
Department of the Army, Caps of Engineers, St. Paul District,
ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638
Note: The above agencies may provide a copy of your completed fam to the Minnesota PoUutlon Control Agency (MPCA). MPCA water
quality rules may apply to your proposed project.
ATTENTION {FROM USDA): Any activity Including drainage, dredging, filling, leveling or other manipulations, Including
maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check
with your local USDA office to request and complete Form AD';'1026 prior to Initiating activity.
IMPORT ANT: Sane agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form. If you wish
this form to constitute an application to the Caps and/or MDNR for any necessary permits for your project please carefully read the following
informatioo and sign where indicated.
XXIXXIXXXIIIXXXI:XXI::IIXXXXIXXXI:XXXXXXXXXXII:XXI:XXIIXIIXXXX::
Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information
contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further
certify that I possess the authority to undertake the proposed activities or I am acetlrig as the ~ulY ar~Zed agent of the applicant
Charlotte L. Roehr 11/15/99 I U ( ( St '" ':-'
( ~ I ~g "'J i\.;Uv ~
Signature of Applicant Date Signature of Agent Date
Note: The application must be signed by the person who desires to undertake the proposed activity (applicant) or It may be
signed by a duly authorized agent if the information requested beloW is provided.
Agent's Namejllld title:
Charles L. Brown, TSP One, Inc.
Agenfsadd~: 21 Water Street, Excelsior, MN 55331
Agent's telephone: ~) 474-3291
18 U.S.C.Seclicn 1001 provides the!: WhOCMl'. in any manner within the jurisdiction of any depa1ment or agency of The United Stales kncwingly and
wiDfu11y falsifies. conceals. or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same 10 contain any false, fictJlious. or fraudulent statement or entry. shall be fined
not more than $10.000 or imprisooed not mOlll than five years, or both.
SEE ATTACHMENT ABOUT MDNR PERMIT FEES
-ADDENDUM-
Notice to Applicants far DNR Pennlt to.Change The COU....,
Current or Cross SectIon of Public Waten or Public Waters Wetlands
The Department of Natura' Resources (DNR) and the Pollution Control Agency (PCA) are working together to avoid duplica-
tion in state agency permit review of proposed activities affecting public waters or public waters wetlands in Minnesota. The attached
form was prepared by the DNR and the PCA to minimize your work in contacting state agencies for project approval.
Please complete this form by placing an 'X" in the appropriate box or boxes. If your project does not involve any of the
actions listed on this form. place an 'X "'n the box after item 9.
If your project will involve any of the actions listed for boxes 1 through 8, a copy of your DNR public waters work permit application
will be forwarded to the PCA for their review. If a separate PCA permit or approval is required. you will be so notlned by the PCA.
Place an 'X "In the appropriate box(es):
a 1. The project will Involve the deposition of asphalt. concrete. cut vegetation or other solid waste as nil material.
a 2. The project will involve excavation of materials from public waters or public waters wellands through the use of any device
which removes Materials by pumping or suction action (i.e. hydraulic dredging).
a 3. The project Will involve excavation of more than 1.000 cubic yards of material from the beds of the following waters:
a lake Pepin of the Mississippi River (RIver Miles 763 to 787 USCE charts).
D Pool #2 in the Mississippi River from Lock & Dam #1 (the Ford Dam) to Lock & Dam #2 (Hastings-River Miles 725 to 814
USCE charts).
a Minnesota River from Savage to Its mouth at the Mississippi River (Mile 844 USCE River chart).
D Duluth Superior Harbor and the St. Louis Bay area of the St. Louis River extending to Spirit lake.
D The Fairmont chain offakes including Budd, Siseton, Hall and Amber Lakes in Martin County.
D Albert Lea Lake, Freeborn County.
D Warroad River Upper Harbor Area extending from the mouth of the Warroad River to CSAH No. 11.
[J Red River of the North from Wahpeton to the Canadian Border.
a 4. The project will Involve excavation and/or fill in public waters or public waters wetlands for construction of utility lines carrying
any materials except treated water in a liquid or semi-solid state. including but not limited to petroleum or petroleum products.
chemicals, sewage or cool slurries. .
D 5. The project will involve construction of docks, piers or wharves which will involve new fuel handling facilities.
D 6. The project will involve new construction. reconstruction or repair of structures for generation of hydroelectric power.
D 7. The prqject will involve constrUctIon of new ancillary facllllles for sanitary sewers, boat pumpouts. on-site waste.
D 8. The project will involve the on-site disposal by burning of vegetation to be removed during project construction.
IX 9. The project will not involve any of \he above.
Applicant Name (type or print)
Charlotte L. Roehr
Applicant Address
15322 Red Oaks Road, Prior Lake, MN 55372
'"
AppIlC~jgnatur~
(~- l 1h
, __~i'
tAJ\~
For additional information and assistance.
contact the appropriate Regional Office of DNR
Waters in SI. Paul.
.....on 1 2115 81rchmom8uach Road N.E.
8emld)l. MN 56601
(218) 755-3973
Iegfon 2 1201 East Highway 2
Grand Rapids. MN 55744
(218) 327-4416
....... 3 1601 Minnesota Drive
Brainerd. MN 56401
(218) 828-2605
....... 4 Box 756. HIghway S
New Ulm, MN 56073
(507) 359-6053
....... 5 2300 SIlver Creek Rd. N.E.
Rochester. MN 55906
(507) 285-7430
....... 6 1200 Warner Road
51. Paul. MN 55106
(651) 772-7910
CenfnII 500 lafayetto Road
Offtce 51. Paul. MN 55156-4032
(651) 296-4800
This information is available in an alternative format upon request.
01999 State of Minnesota, Department of Natura' ..........
4
,VA.-IIl65U1
11".<111III1
DEPARTMENT OF NATURAL RESOURCES WATER PERMlT APPLICATION FEES
Use this sheet to determine your permit application fee if the project wDl be in DNR pubUc waten or public waten wetlands.
Fees must be paid with a check or monev order payable to the "Department ofNatl.lral Resources".
Cash cannot be accepted
Fee fur the appropriation of water ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 575.00
(Annual water use report processing fee is based on volume appropriated)
Fee for the construction or repair of a dam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $75.00
(Under Minnesota's Dam Safety Rules. M.R. 6115.0300-6115.0520)
Fee for the placement of rip rap shore protection ................................................ $75.00
(or place fill to recover shoreland lost to erosion)
Fee fur all other projects
......................................................................................... IO........................
See Below.
Minimum Fee: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A) $75.00
Project Cost: $11,650 x 1% = ...... . . .. .. .. .. .. .. . ... . . .. . . .. .. . ... .. B) $ 116.50
Length of ShoreUne Affected:
100 f' 75 fo' -
. eet x cents per ot - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(For channel excavation projects, the shoreline affected is the difrerence
in length between the existing channel and the new channeL)
C) $~ 00
Volume of Material Filled or Excavated: Fill below 904' MSL
50 cubic yards x 75 cents per cubic yard = .......................
(For channel excavation projects. the volume is only
the material filled or excavated in public waters or public waters wetlands.)
D) $-22.:.50
Maximum Fee:
.................................................oo..... .
E) $500.00
"'DETERMINE YOUR FEE A...~ FOLLOWS:
· IfB, C, and Dare all less than $75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tbe fee is $75.
· lCB. CorD is more than $75 but less tban $500.
the fee is the lamest amount ofB. C. or D.
TOTAL FEE $116.50
· IfB, C, or 0 is more than $500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the fee is $500.
· Ifyoll represent a Township applying for a road,
bridge, or culvert project, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. the maximum fee is $100.
- NOTICE -
If a DNR permit is required tor the work proposed, your application will not be processed unless the appropriate tee is
S1.Ibmitted. Applications sent with no fee or an inadequate fee will be considered withdrawn after 30 days and no further
action will be taken. The pennit application fee for work partially or wholly completed prior to this pennit application is
double the nonnal fee; if a field inspection is also required. the application fee will be double plus the actual cost of the field
inspection (not less than $100).
ALL FEES ARE NONREFUNDABLE
.~AY PREP ARCO FORe
.;~OEHR
,.t~S ROAD S.E.
".;ce., MN. SSJ72
I'
VALLEY SURVEYING CO.. P.A.
16670 FRANKUN lRAlL SE. SUITE 230
PRIOR I.AI<E MN. 55372
PH. (612) 447-2570
FAX (812) ~7-2:i71
" N88'2S'4$'"W
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anG I.. fhow Son. 10/11 01< P.P:&
----------------~-------------------------------
:r ,I'~'
15322 Red Oaks Road
Q
I' Site .Laf.ltioo,
-...
.-0'
*'
lakefront Park
,fA"
,.
i (
600
~
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600 Feet
---,
EXH1B~T,_~
Roehr Residence
Egress Estimate
ij
"j.
Div. #
Description
Quantity U.nit Unit Cost
X-Tend
--......
2QQI Slt.work
20)(24 xS" Overcut Garag ~ Apron
Class 5 Fill under Garage Apron
2" Asphalt Drive Course on Gar. Apron
3' Ave. Fill under new Egress lane
Place Compact Fill under Egress ume
S" Class 5Sub Base under Egress lane
4' Fill under 10x20 Turnout
Place Compact FiJI unde,. Turnout
8" Class 5 Sub Base under Turn out
Raise MH 2 Feet in EJevdlon
. Rip Rap Slope retention '! 00' (12")
Dumped, loose, no basket, no grout
Fill for sodded areas
Place Fill under sod minimum compact
Sod areas
30' 12" CMP Culvert
Flared Ends
Erosion Control at culvert ends
12 cy
12 cy
53 sy
173 cy
173 cy
39 cy
30 cy
30 cy
5 cy
1 Is
40 Ton
220cy
. 220 cy
450 sy
30 If
2 aa
1 Is
Totat Cost
General Conditions
Profit. and Overhead
Tax
, Project Total
S 1~,634.66
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June 4, 1999
Ms. Charlotte Roehr
15322 Red Oaks Road
Prior Lake, MN55372
Subj: ACCESS FOR PROPOSED NEW HOME
Dear Ms. Roehr:
Based on the issues related to construction of the access drive to your proposed new house, I am
providing the following criteria which must be followed during the design and construction of
this access:
1. Minimum roadway elevation of 907.9.
2. Minimum top width of 10 feet where space near the lake is limited. 12 feet is recommended
where feasible.
3. 1-112 to 1 (horizontal to vertical) maximum side slope with riprap. 3 to 1 side slope is
desirable. If a 1-1/2 to 1 side slope cannot be attained in the area near your property line due
to the proximity of the lake, I would recommend you consider the use of a retaining wall.
4. Culvert(s) or other accomodations for drainage from adjacent lots.
5. Raise existing manhole( s) to match roadway elevation. Existing manhole is buried under
gravel drive.
6. A written statement from each adjacent property owner concurring with the work.
7. Execution of a "Private Use of Public Property" Agreement. As part of this agreement the City
will require that you pave the. entire length of your access from Red Oaks Road to your house.
F or your own benefit, I would highly recommend that the fill material used for the access be
compacted in accordance with MnDOT specification 2105.3F. There are a number of testing
firms that do work within the City who could perform this testing for you. We can provide a list
of firms if you desire.
Raising of the access drive will eliminate any issue with the driveway grade exceeding 10%.
As I discussed with your Architect, Charlie Brown, he will prepare a drawing in plan view for
this access drive. The important aspects of the plan will be to provide a contractor enough
information to actually build the drive, and to tie the proposed work to an actual location on the
ground.
162~~l-@~~~~~~IpR9PLake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER Ei- X....p~19 fCR IT",;r' ".
I d ii fl 11__ }:u h ,.. -----~_
Ms. Charlotte Roehr
June 4, 1999
Page -2-
Jfyou have any questions please call me at 447-9831
:l!Y' ~
Greg/1;a, P .E. .
Public Works Director/City Engineer
CITY OF PRIOR LAKE
cc: Jenni Tovar
Paul Baumgartner
Charlie Brown, TSP One, Inc. (via FAX)
Mahowald Builders, Inc.
G:\LETTERS\GREG99\CROEHR.DOC
F--~_
-
~
..
G"
, . "\
November 9, 1999
Bryce Huemoeller
Huemoeller & Bates
16670 Franklin Trail
Prior Lake, MN 55372
via fax (612) 447-5628
RE: Response to November 2, 1999 Requests regarding Charlotte Roehr's Permit
Dear Bryce:
The City has no problem issuing a demolition permit at this time. Proper application can be made
through the building department. Review time is typically two-three business days.
The Excavation/Filling permit can be issued upon submittal of a complete application and plan
indicating existing and proposed grades. The concept plan must be signed by a surveyor or
engineer as required. There are several questions with respect to the concept plan, which can be
addressed upon our review of a completed permit application. Preliminary comments include: a
full size plan to be submitted, as the information received is not legible. It appears there is
proposed filling below the 904 elevation, which may require a DNR permit. The entire driveway,
including the shared drive, must be paved as per City Ordinance. The permit cannot be issued
until the roadway is vacated. Review time, once a complete application is received, is
approximately one week.
The building permit cannot be issued until the grading permit is approved; It was made very clear
upon approval of the variances for this site that abuilding permit would not be issued until the
situation with the road access is resolved.
As stated in my letter of October 29, 1999, the city will work with you to expedite the process as
much as possible. We are currently reviewing the building permit such that it will be available for
issuance upon approval of the road vacation on December 6, 1999. We are awaiting submittal of
an Excavation/Filling Permit and a demolitiOn permit. Please submit the necessary permit
applications as soon as possible. This will ensure adequate review time for our staff while
allowing you to receive your permits as soon as City Council action is taken on the proposed
vacation. If you have any questions, please call me at 447-9813.
~.cereIY' _ . ~
nn~
lanner
CC: Sue McDermott, Assistant City Engineer
Don Rye, Planning Director
Charlotte Roehr, 15322 Red Oaks Road, Prior Lake
...J:\9Qfilea\99vac.\99-069\bryceltO.do,c .
16200 t.agfe Lre~1< Ave. ::i.t.., Ynor Lake, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
~.
AN EQUAL OPPORTUNITY EMPLOYER
F'\,p~ J~1
-.],1,;=.'
{J ., ,\ f<I ~'
~""'"
II IT
i,have received the following original certificate of title:
-*~5f1i. 818
~"" """ NO.. "". '''''''''''' ...w..,d "" ,,,. ... " '"""",,, "" v,_ , """ "
and tht. 23Jr.d day 06 Sept:embeJr. 7929 Volume 7 page 743
~~at 75322 Red Oalu. Road
8d~ r SC'.o:U:
Iffi.IE <Iilll ~"ll~llHA\.WlI<ID~
} .9Y ~ if '" ~ du C""-'Wk l. "...
tk tk CUy r PtUoJr. Lall.e
.%za. r M.i.nnu ou
3bzte 0/ 1buleJIJttZ
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lZdHl&I7U11Mr~ rtfJl'tfftlm: toUltI: ~y~
r~tk tkfe1J~~ tbtnk' Wdtluaktl tk tk ~~ r$,,~ v~o/" ~17~ to~'
Lo:t 29, REV OAKS on PtUolI. Lall.e EXCEPT tha:t pa.II.:t du<!lli.bed /U 60UolC14: Comeneing a:t the. AoutheA6:t C'.0tr.neJr.
06 AtUd Lo:t 29, the ..lame bung .the notr.:theaA:t C'.oltneJr. 06 Lo:t 2B 06 Aa.i.d p.t.a.t; the.nee. NoJr..th 68 degll.eu
27 minutu 42 AeC'.oncU Wu:t (aAAumed belVLingJ dong .the. AOuthe.tr1.y Une. 06 AtUd Lo:t 29. a du.:tanC'.e 06 73.89
6ee.:t :to the po.i.n:t 06 beghllung 06 the land :to be du<!lli.bed; thenC'.e. Notr.:th 62 degll.t.U09 minutu 42
Ae.C'.oncU Wu:t 157.47 6ee.:t:to .the We..!:te.tr1.y Une 06 AtUd Lo:t 29; :tehnC'.e. South 32 degll.eu Oil rn.i.nu:tu 40
AeC'.oncU Wu:t al.ong Aa.i.cl We..!:te.tr1.y Une 77.29 6ee.:t :to the AOuthe.tr1.y Une 06 ..laid .Lo:t 29; thenC'.e Sou;th 68
degll.eu 21 llIinu-tu 42 AeC'.oncU Ea.6:t 159.66 6ee.:t, dong ..laid ..Iou;the.tr1.y Une :to ~.J'o.i.n:t 06 beghtn.i.ng.
AN/)
(:j:;, '
LoU T7Wr:ty 130), TlWr.:ty-one 131', TlWt.ty-:two 1321 and "f1iiNty-=tJt;.U'T3'3J; :kAKS on PItioJr. i.ili
aC'.C'.ollrLi.ng ,:to the pla:t thelle06 6.iled 06 Jr.eC'.oJr.d -in the 066.i.C'.e 0.6 ~e : Reg..i...l,:ttil.06 VeecU 60Jr. ..laid SC'.o:U:
Coun:(;y, M.i.nnUOU. .. 1" ..... /') ///
Dated: November 7. 1997 BY (Jt;ri#tit~r~L/
"1' .
'~';.
",.
Y~to.tk~ de& adtkttl'W'tlZdM ~ tk A'ttlWnizl ~l&'~ I7reW1r.tal~A!"~d~to & ";e1J~ ~
tJr ~rtUlC8f d&'~~.tZf p.wY tk 1tllt{f fYO$" 8'~JD$';%mPA! 24 ~.' J, .
1. f~ ~ 171' ~ 1ViJ'1f ~tk kif ~ i~A! 0/& ~5?~ udd tkdttztttmf rtiitdtakC/UtMt
. ~l!'to~~/mIni- :itl'Q
2.. redrp taur.pllMfdHHZOtt.r :.~VJ:J<<.o/t.. '.'.~"~. 'k/t(Jtkklat&tMe~&~raai'
;. /l':Me :;;r(~/t(Jt=t;jrU.f,. ,),~'~~I7~A!o/&~tffd&r&~e;
S. ~n . tJn#/r~ovlCIJ?ltdtt&~/l tZf &I rz&UJd tj~.
If. .2t- ~ 6\ ~;terdl7A! tk~<W'tPA! ~~tJI'C/J~"'~rllZ & tJUllMrr&~raai'
7. ~ I7tdf~ medutt&i Je,z ~ HIM ~ IlZ'ift ~.fecW/M SI4.DI to SI4.17.
,2ktde-:tUi( ChoJr..lq:U:e ~. ~oehll . r&~~ tpJ'j=rJ tJl'tJ~
oW d~W~Rx.~tZIld'~M~~ ez:a;tt
In Witness Whereof f~klUlt'tJd~~=~#=/&dealr~~
tiit ~ObeJr.' 1997
PAT BOECKMAN REGISTRAR OF TITU-S
f
~~Ftk 8d~o/$"tt~Ytakr~l7ttz.
~.
FILE COpy
November 9,1999
Bryce Huemoeller
Huemoeller & Bates
16670 Franklin Trail
Prior Lake, MN 55372
via fax (612) 447-5628
RE: Response to November 2, 1999 Requests regarding Charlotte Roehr's Permit
Dear Bryce:
The City has no problem issuing a demolition permit at this time. Proper application can be made
through the building department. Review time is typically two-three business days.
The Excavation/Filling permit can be issued upon submittal of a complete application and plan
indicating existing and proposed grades. The concept plan must be signed by a surveyor or
engineer as required. There are several questions with respect to the concept plan, which can be
addressed upon our review of a completed permit application. Preliminary comments include: a
full size plan to be submitted, as the information received is not legible. It appears there is
proposed filling below the 904 elevation, which may require a DNR permit. The entire driveway,
including the shared drive, must be paved as per City Ordinance. The permit cannot be issued
until the roadway is vacated. Review time, once a complete application is received, is
approximately one week.
The building permit cannot be issued until the grading permit is approved. It was made very clear
upon approval of the variances for this site that a building permit would not be issued until the
situation with the road access is resolved.
As stated in my letter of October 29, 1999, the city will work with you to expedite the process as
much as possible. We are currently reviewing the building permit such that it will be available for
issuance upon approval of the road vacation on December 6, 1999. We are awaiting submittal of
an Excavation/Filling Permit and a demolition permit. Please submit the necessary permit
applications as soon as possible. This will ensure adequate review time for our staff while
allowing you to receive your permits as soon as City Council action is taken on the proposed
vacation. If you have any questions, please call me at 447-9813.
~
CC: Sue McDermott, Assistant City Engineer
Don Rye, Planning Director
Charlotte Roehr, 15322 Red Oaks Road, Prior Lake
....J:\99file$\99vaQ99-069\bryc:eltO.do.c .
16200 tagfe \.....reeK Ave. ~.t.., Ynor Lake, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
November 8,1999
Bryce Huemoeller
Huemoeller & Bates
16670 Franklin Trail
Prior Lake, MN 55372
RE: Response to November 2, 1999 Requests Charlotte Roehr Permits
Dear Bryce:
The City has no problem issuing a demolition permit at this time. Proper application can be made through
the building department. Review time is typically two-three business days.
The Excavation/Filling permit can be issued upon submittal of a complete application and plan indicating
existing and proposed grades. The concept plan must be signed by a surveyor or engineer as required.
There are several questions with respect to the concept plan, which can be addressed upon our review of a
completed permit application. Preliminary comments are: Full size plan to be submitted. The information
received is not legible. It appears there is proposed filling below the 904 elevation. Permission from the
DNR must be received prior to the City issuing a permit. What materials are proposed below 904? The
entire driveway must be paved as per City Ordinance. The permit cannot be issued until the roadway is
vacated. Review time, once a completed application is received, is approximately one week.
The building permit cannot be issued until the grading permit is approved. It was made very clear upon
approval of the variances for this site that a building permit would not be issued until the situation with the
road access is resolved.
As stated in my letter of October 29, 1999, the city will work with you to expedite the process as much as
possible. We are currently reviewing the building permit such that it will be available for issuance upon
approval of the road vacation on December 6, 1999. We are awaiting submittal of an Excavation/Filling
Permit and a demolition permit. Please submit the necessary permit applications as soon as possible. This
will ensure adequate review time for our staff while allowing you to receive your permits as soon as City
Council action is taken on the proposed vacation. If you have any questions, please call me at 447-9813.
Sincerely,
Jennifer Tovar
Planner
CC: Sue McDermott, Assistant City Engineer
Don Rye, Planning Director
Charlotte Roehr, 15322 Red Oaks Road, Prior Lake
\\fs 1\sys\dept\plannin.9\99files\99vac\99-069\bryceltr2.doc
16200 Eagle Creek Ave. ~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
November 4, 1999
Charlotte Roehr
15322 Red Oaks Road
Prior Lake MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the November 8, 1999
Planning Commission meeting. You or your representatives are expected to attend the
meeting. You will be given the opportunity to speak regarding your proposal and the
staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at
16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot
attend the meeting, please call me so your item can be deferred to the next Planning
Commission meeting. If you have any questions, please contact me at 447-4230.
Sincerely,
\tJ7~ jQ'J[lA
~niTovar ~
Planner
Enclosure
I:\deptwork\blankfrm\meetltr.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
NOV 01 '99 04:33PM HUEMOELLER & BATES
P.1/5
FAX TRANSMISSION
HUEMOELLER & BATES
16670 Franklin Trail
Prior L;;tke, MN 55372
(612) 447-2131
Fax: (812) 447-5628
To: Jennifer Tovar Date: November 1, ] 999
City of Prior Lake
Fax#: 447-4245 Pages: lof5
From: Bryce D. Huemoeller
Subject: Charlotte Roehr
CONFIDENTIALITY NOTICE; The document(s) occompanying rhisftD; contain cOIifvJmr;al i'iformtllitm which L~ leglllly
privileged. nit! iq/or/1lQtion is mte."ded only for the use (~r lhe intended recipient. JfJlou are not Ihe i,ZleJllltd recipient,
,Vou are hereb.'!' n()lified that any dist"osure, copying, dislribldioll or the taking ofcmy Q(;tion in reliant., I)n lhe conre.-nts oj
I/le leleC:"pieJ ifvormalion ~cept il,\' JiTeer deliwry C() Ihtl intended recipit!fIl named abol.e is .flriCl~V pruhibiUd. Ifyoll
hr.we rl!ct!ived lhis filA i/l err()l', please nOlify us immediatl!(y b.'ll/!'eph(me to arrange lor relllm of tilt! origina' QOt"&lmelIl.t
co us.
COMMENTS:
Please see attached.
BDH:dw
Enclosure
Sen.~h ~~&~ - ~1J.~~~r -HVA~K~1Er~ ~P~&T -
Pat'... ~/;f 1
TEXT
M.S.A. 9412.851
.MINNE~tOT A ST AJ_UTES ANNpT A TED
.c11!~S. ORG~Ii!ZA TION
~HAPTJ;.8 412. SIWTORY J;:ITIES
~GENJ;RAL AND ~ISCELLA~.EOU~
Copr. @West Group 1998. All rights reserved,
Current through End of 1998 1st Sp. Sess.
~j 2.851. \(~cation of stree~
The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its
own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds,
public way. or part thereof to be, vacated. When there has been no petition, the resolution may be adopted
only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears
in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The
council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed
vacation at least ten days before the hearing.
TEXT
The notice must contain, at minimum. a copy of the petition or proposed resolution as well as the time. place,
and date of the hearing. In addition, if the street. alley, publiC grounds, public way, or any part thereof
terminates at or abuts upon any public water, no vacation shall be made unless written notice of the petition
or proposed resolution is served by certified mail upon the commissioner of natural resources at least 30 days
before the hearing on the matter. The notice to the commissioner of natural resources is for notification
purposes only and does not create a right of intervention by the commissioner. After a resolution of vacation
is adopted. the clerk shall prepare a notice of completion of the proceedings which shall contain the name of
the city, an identification of the vacation, a statement of the time of completion thereof and a description of
the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter
the same in the transfer records and note upon the instrument, over official signature, the words "entered in
the transfer record," The notice shall then be filed with the county recorder. Any failure to file the notice shall
not invalidate any such vacation proceedings.
CREDIT
CREDIT(S)
file:/ /C:\Program Files\ West Group\ Westmate\dhtm1s.htm
10/29/99
FILE COpy
..
November 1, 1999
.;
Bryce Huemoeller
Huemoeller & Bates
16670 Franklin Trail
Prior Lake, MN 55372
RE: Statutory Requirements for Vacation of Red Oaks Road
Dear Bryce:
This letter serves as a follow-up to our conversation on Friday, October 29, 1999, regarding the
procedures for vacating Red Oaks Road. Enclosed is a copy of Statute 462.356 requiring the
"planning agency" (planning Commission) to provide the "governing body" (City Council) with
a written report regarding the proposed disposal of publicly owned property. Therefore, the
request will be brought to the Planning Commission for a recommendation.
Statute 412.851 requires the city to notify the DNR 30 days prior the hearing. The city has no
authority to alter the statutory requirement. We will be sending the DNR a notice of the request,
as soon as the vacation is initiated by the City Council.
The timetable for the vacation is as follows:
November 1, 1999- City Council initiates the vacation
November 8, 1999- Planning Commission reviews the matter
December 6, 1999- City Council makes fma1 decision
December 7, 1999-Resolution is recorded and pennits issued
Charlotte has submitted a building permit application. Weare currently reviewing the materials
such that any issues can be resolved prior to December 7, 1999. Please note that a separate
Excavating/Filling permit is required. These are preliminary dates and are subject to change.
However, it is our intention to have this item considered by the City Council as soon as possible.
Should the vacation not be initiated or is denied by the City Council, alternatives to raise the
road will have to be considered if the project is to proceed. If you have any questions, please
contact Jane Kansier or myself at 447-4230.
~;;;' , Jovau
lfer~
anner
CC: Jane Kansier, Planning Coordinator
Don Rye, Planning Director
Charlotte Roehr, 15322 Red Oaks Road, Prior La1ce
\\fs 1 \sys\dept\planning\99files\99vac\99-069\bryceltr.doc
16200 Eagle Creek Ave. ~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.....
filE COpy
October 29, 1999
Charlotte Roehr
15322 Red Oaks Road
Prior Lake, MN 55372
RE: Issuance of Building Permit for Proposed New Single Family Dwelling
Dear Charlotte:
The purpose of this letter is to advise you of the status of issuance of a building permit for
your proposed new dwelling. Resolution 99-11PC, granting a variance for OHW setback,
is specific to the proposed Exhibit A and was approved with three conditions.
Condition #1 states a building permit will not be issued until a plan has been
approved (public or private) to raise the road to be compliant with the required
flood protection elevation road access of 907.9.
You must submit a plan to raise the road. The required process for this is to apply
for an ExcavationlFilling Permit. Enclosed is a the permit application. Part of
this permit requires submitting a survey indicating existing and proposed grades.
Slopes cannot exceed 3: 1 and all disturbed areas must be restored. Additional
requirements are outlined on the application form. The City will waive the $50.00
application fee. Any work below the 904 elevation will require DNR approval.
The City cannot issue the grading permit until the vacation of Red Oaks Road is
approved. On November 1, 1999 the City Council will consider initiating the
vacation of Red Oaks Road. Assuming the Council wants to initiate the vacation,
the item will then be brought to the Planning Commission on November 8, 1999
and final action on the vacation will be by the City Council on December 6, 1999.
In order to expedite the process, we will review your grading plan and work out
any issues with you ahead of time. Assuming the City Council approves the
vacation of the public roadway, your grading permit will be issued to you upon
recording of the resolution vacating the roadway. This could happen as early as
December 7, 1999.
f:\dept\Qlanning\99files\99vac\99-069\permitltr.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Condition #2 states a revised survey must be submitted indicating the screened
porch and second story deck meeting the 49-foot OHW setback.
The survey must be revised prior to the issuance of a building permit. The survey
should be the most recent, indicating the driveway width of 39.0 feet, with the
addition of the screened porch and 2nd story deck. The survey submitt~d with your
building permit is dated June 3, 1999 and does not reflect this requirement. . ~
Condition #3 requires recording of the resolution and providing a singed Assent
Form.
Proof of recording has been submitted. However, the Assent Form, mailed to you
on August 13, 1999, has yet to be signed and returned to the Planning
Department. If you would like another copy of the Assent Form, please let me
know.
~'..:
There may be other issues related specifically to the building permit application sa.""~- ...??~:..;;;...
structural details or site grading. We will let you/your architect know what those issues
are, if any, as we proceed to review your building permit application. It is our intent to
have any building permit issues addressed prior to December 6, 1999 . Your permit
would then be ready to be issued on December 7, 1999 after the vacation is approved,
including, recording the resolution, and the Excavating/Filling Permit issued.
Please note if the vacation is not approved by the City Council, the Excavating/Filling
Permit for the road will not be issued nor will your building permit be issued. A Private
Use of Public Property or public improvement project would be alternatives to the
vacation. If you have any questions about the conditions in the resolution or review
process, please contact me at 447-9813. If you have questions regarding the
excavating/filling permit please contact Sue McDermott, Assistant City Engineer at 447-
9832.
~
CC: Charlie Brown, TSP One Inc, via fax (612) 474-3928
Bryce Huemoeller, Huemoeller & Bates, via fax (612) 447-5628
Don Rye, Planning Director
Sue McDermott, Assistant City Engineer
Paul Baumgartner, Plans Examiner
f:\dept\planning\99files\~9vac\99-069\permitltr.doc
~.
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
JAMES D. BATES
BRYCE D. HUEMOELLER
Telephone (612) 447-2131
Telecopier (612) 447 -S628
October 19, 1999
Donald Rye
Prior Lake Planning Director
16200 Eagle Creek A venue
Prior Lake, MN 55372
VIA FACSIMILE and U. S. MAIL
Re: Charlotte Roehr
Dear Mr. Rye:
This letter confirms that Charlotte Roehr and her neighbors, the Kists and the
Finnegans, have agreed on the form of an easement for access to their respective
properties and would now request that the City of Prior Lake initiate the necessary
proceedings to vacate the portion of the public road established in the plat of Red Oaks
that is adjacent to Lots 27 to 37.
A draft copy of the Declaration of Driveway Easement that will provide access
to the Kist, Finnegan and Roehr properties is attached for your information.
I am also enclosing a proposed legal description for the vacated road that you
may want to use in the vacation proceeding.
Call me with any questions or with additional information tllat may be needed. I
would appreciate being provided copies of the staff report and notices.
~~e:eIY your. s,
\~~~J'O
Bryce D. Huemo~
BDH:jd
Enclosure
cc: Charlotte L. Roehr
Robert and Selma Kist
Michael and Ann Finnegan
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NOV 02 '99 03:19PM HUEMOELLER & BATES
P.1/7
.
FAX TRANSMISSIQN.,
: \ \ i n'='-> <
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---,
HUEMOELL]f.R & BATES
16670 Franklin Trail
Prior Lake, MN 55372
(612) 447:.2131
Fax: (612) 447.5628
1999
II:
'I j I
~i
To: Jennifer Tovar Date: November 2, 1999
City of Prior Lake
Fax#: 447-4245 Pages: 10f7
From: Bryce D. Huemoeller
Subject: Charlotte Roehr
CONF1DENTJAL/T'Y NOTICE: 17le documentM (,/,t:Cf)/nptlflyihg this fax conlain cOI!/ititf7l/;ul jrzj(mllu1i(J11 which i., legaJ/y
pr;vilt!ged. Tile i~r()rmalir)n i.v inUndfld only for thd 11M ofrhe i"'ellded rec:ipilfnl. {{.YOU are not the intended recipierll, .ym~
are hereby lIocifled thai Qn:~ disclosure, ,'opyin8, di.dribu.lion or tllllakillR of any ac,i'Jf! ill reliance 1m IIle conUnt., of till!
tefflt:opied ;n!ormari'Jf! aCo'lIp' il.\' dired delivl!r;\' to tht! ;"t~ndt!d redpilml ''''mild Qbotll! i.' strict(y proldbiled. lfyOlJ, /zave
received 11,;.\' fu:t in luror, pleQse 1l{)(ify us ;",medi"ce/y b.y celepllOne to arrange! for relu.m of '/Ie priginal dOCW7Il!nI.' 10 W'o
COMMENTS:
Please see attached.
BDH:dw
EncJosure
...
,
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
NO" 3 I~
JAMES D. BATES
BRYCE D. HUEMOELLER
Telephone (612) 447-2131
Telecopier (612) 447 -S62B
November 2, 1999
Jennifer Tovar
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
VIA FACSIMILE and
U.S. MAIL
Re: Charlotte Roehr Building Permit
Dear Jenny:
Thank you for providing me with your October 29 letter to Charlotte.
I have the Assent of Applicant in my file and will have Charlotte sign the form
promptly so that it can be returned to the City.
The timetable for issuing a building permit for Charlotte's new home is
important, since her contractor would like to start construction in November before
significant freezing occurs.
As I understand it, Charlotte needs 3 permits:
1. A demolition permit to remove the existing structures.
2. A building permit for her new home.
3. An excavation/filling permit for the access improvements.
In normal circumstances, I could understand the unwillingness to issue the
excavation/filling permit for the improvements to the road before the vacation has been
approved by the City Council. However, in this instance I think the permit could be
issued now based on the driveway concept plan prepared by Charlie Brown, the project
architect. A reduced copy of the drawing is attached to this letter. I think that the
excavation/filling permit can be issued now for several reasons:
"
..
Jennifer Tovar
Page 2
November 2, 1999
1. The concept plan is an adequate description of the proposed improvements
for purposes of the permit.
2. Charlotte is proposing to do the same improvements, whether the road is
vacated or allowed to remain public.
3. After the improvements are complete, Charlotte's surveyor can certify that
the access is no lower than the 907.9 elevation.
The concept plan for the road is based on the attached June 4 letter from Greg
Ilkka to Charlotte stating the criteria for construction of the road improvements. In
June, it was still presumed that the road would remain public. A survey is not
required, rather Charlotte is directed to prepare a drawing for the access drive. In light
of Greg's letter, we think that the concept plan should be accepted as adequate for the
road improvements.
I also request that Planning take a second look at the timetable for issuing the
building permit. Condition No. 1 in Resolution 99-11PC should not prevent issuance
of a building permit to Charlotte now for several reasons:
1. The elevation of the access to Charlotte's property was not an issue in the
variance proceeding. The only issue considered by the Planning Commission was the
setback from the OHW of Prior Lake. Since the access concern was extraneous to the
proceeding, it should not bind City Staff.
2. Resolution 99-11PC relates only to "the issuance of a building permit for the
proposed structure". It should not apply to a permit for demolition of the existing
structures or to a temporary permit for the footings/foundation of the home. There is at
least one other instance that I am aware of in the City where a preliminary
footing/foundation permit was issued prior to the actual building permit. It is my
recollection that the second phase of the Eagle Creek Villas property at Franklin Trail
and County Road 44 was handled that way. So an option would be to issue a
demolition permit and footing/foundation permit so that construction can be started
before the ground freezes.
~
Jennifer Tovar
Page 3
November 2, 1999
3. The concept plan attached to this letter can be approved on the basis that it
complies with the criteria in the June 4 letter from the City Engineer.
A final question relates to the surface for the road access from the existing
blacktop to Charlotte's property. We have noted that Point Beautiful, which has a
private access similar to this situation, is gravel. For several reasons (including advice
from Charlotte's engineer that in this location gravel will be more durable than
blacktop, as well as cost), Charlotte would request that the access be surfaced with
gravel rather than blacktop. Her driveway will, of course, be blacktop.
Weare requesting that the City issue a demolition permit for removal of the
existing structures, an excavation/filling permit for the access road, and a temporary
permit for the house footings and foundation at this time. If the City Council does not
vacate the road, the City can require that Charlotte sign the Agreement to Improvement
Public Property before she gets the building permit for her structure. If the vacation is
approved, the building permit for her home can be issued with a condition that she
provide verification of access elevations before she gets her occupancy certificate.
Call me with any questions. Hopefully, the City can move forward with the
permits that Charlotte needs to start construction of the home around mid-November.
We would appreciate hearing from you yet this week, since the contractor is hoping to
finalize his construction schedule and feels that the project needs to start around
November 15.
rCereIY yours,
B~~
BDH:dw
Enclosure
cc: Charlotte L. Roehr
NOV 02 '99 03:20PM HUEMOELLER & BRTES
P.5/7
June 4, 1999
Ms. Charlotte Roehr
15322 Red Oaks Road
Prior Lake, MNOS5372
Subj: ACCESS FOR PROPOSED NEW HOME
Dear Ms. Roehr:
Based on the issues related to construction of the access drive to your proposed neW' house, I am
providing the following criteria which must be followed during the design and construction of
this access:
1. Minimum roadway elevation of 907.9.
2. Minimum top width of 10 feet where space near the lake is limited. 12 feet is recommended
where feasible.
3. 1-112 to 1 (horizontal to vertical) maximum side slope with riprap. 3 to 1 side slope is
desirable. If a 1.112 to 1 side slope cannot be attained in the area near your property line due
to the proximity of the lake, I would recommend you consider the use of a retaining wall.
4. Culvert(s) or other accomodations for drainage from adjacent lots.
5. Raise existing manhole(s) to match roadway elevation. Existing manhole is buried under
gravel drive.
6. A written statement from each adja.cent property owner conc.urring with the work.
7. Execution of a "Priv~te Use of Public Property" Agreement. As part of this agreement the City
will require that you pave the entire length of your access from Red Oaks Road to your house.
F or your own benefit, I would highly recommend that the fill material used for the access be
compacted in accordance with MnDOT specification 2105.3F. There are a number of testing
firms that do work within the City who could perform this testing for you. We can provide a list
of fums if you desire.
Raising of the access drive vvill eliminate any issue with the driveway grade exceeding 10%.
AS I discussed with your Architect, Charlie Brown, he will prepare a drawing in plan view for
this access drive. The important aspects of the plan will be to provide a contractor enough
infonnation to actually build the drive, and to tie the proposed work to an actual location on the
ground-
16200~~~~C;::I3~~IpReFLake. Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNIlY EHPLOYER
NOV 02 '99 03:20PM HUEMOELLER & BATES
P.6/7
Ms. Charlotte Roehr
June 4, 1999
Page -2-
If you have any questions please call me at 447-9831
SUZ~lY,
~~.
Public Works Director/City Engineer
CITY OF PRIOR LAKE
cc: Je:tmi Tovar
Paul Baumgartner
Charlie Brown. TSP One, Inc. (via FAX)
Mahowald Builders. Inc.
G:\LETTERS\GREG99\CROEHR.DOC
NOV 1'212 '99 1'213: 21'21PM HUEMOELLER & BATE - _- - .=1:1 ....:. ~ ....... P. 7/7
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99---0&(
MEMORANDUM
September 23, 1999
To: Frank Boyles f'\. ()
From: Don Rye \JJ1C..
Subject: Charlott~ Roehr
I spoke to Bryce Huemoeller today about the status of Charlotte's project and the road
issue. He indicated that he had drafted an easement agreement for consideration by the
three parties involved with the road vacation and expected a reply within the next few
days. He indicated that the three parties seemed to be in agreement with the easement and
as soon as he had received comments favorable to the idea, he would notify us so we can
commence the vacation process
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
,:'
August 26, 1999
Bryce Huemoeller
Humoeller and Bates
16670 Franklin Trail #210
Prior Lake, MN 55372
fax (447-5628)
RE: Charlotte Roehr Vacation
Dear Bryce,
This letter serves as a follow-up to a discussion you had with Don Rye on August 17,
1999, regarding the potential vacation of the portion of Red Oaks Road that is currently
unimproved and serving Charlotte Roehr's property. It is our understanding that you are
interested in pursuing the vacation to eliminate the need for a "Private Use of Public
Property" Agreement.
Upon submittal of a letter from Charlotte agreeing to the vacation and a letter from the
adjacent property owners, stating ifthe roadway is vacated, the proper easements will be
granted for perpetual road access, the city staff will ask the City Council to consider
initiating the vacation process. Ifwe receive the letters by September 7, 1999, we can
schedule the item for the September 20, 1999 City Council meeting. Should the City
Council initiate the vacation and direct staff to proceed, we will make the necessary
publications and schedule the item for the next available Planning Commission and City
Council meetings. Let me know if you have any questions about this matter.
Cc: Suesan Pace, City Attorney
Don Rye, Planning Director
Charlotte Roehr, 15322 Red Oaks Road
\\FS 1 \SYS\DEP1\PLANNING\99FILES\99V AC\99-069\Ltrofintent.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
June 4, 1999
Ms. Charlotte Roehr
15322 Red Oaks Road
Prior Lake, MN 55372
Subj: ACCESS FOR PROPOSED NEW HOME
Dear Ms. Roehr:
Based on the issues related to construction of the access drive to your proposed new house, I am
providing the following criteria which must be followed during the design and construction of
this accesS:
1. Minimum roadway elevation of 907.9.
2. Minimum top width of 10 feet where space near the lake is limited. 12 feet is recommended
where feasible.
3. 1-1/2 to 1 (horizontal to vertical) maximum side slope with riprap. 3 to 1 side slope is
desirable. If a 1-1/2 to 1 side slope cannot be attained in the area near your property line due
to the proximity of the lake, I would recommend you consider the use of a retaining wall.
4. Culvert(s) or other accomodations for drainage from adjacent lots.
5. Raise existing manhole( s) to match roadway elevation. Existing manhole is buried under
gravel drive.
6. A written statement from each adjacent property owner concurring with the work.
7. Execution of a "Private Use of Public Property" Agreement. As part of this agreement the City
will require that you pave the entire length of your access from Red Oaks Road to your house.
For your own benefit, I would highly recommend that the fill material used for the access be
compacted in accordance with MnDOT specification 2105.3F. There are a number of testing
firms that do work within the City who could perform this testing for you. We can provide a list
of firms if you desire.
Raising of the access drive will eliminate any issue with the driveway grade exceeding 10%.
As I discussed with your Architect, Charlie Brown, he will prepare a drawing in plan view for
this access drive. The important aspects of the plan will be to provide a contractor enough
information to actually build the drive, and to tie the proposed work to an actual location on the
ground.
16200~~~~~~~~JibHePLake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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L:\TEMPLA TE\FILEINFO.DOC
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
Subscribed and sworn to be this
___ day of , 1999.
NOTARY PUBLIC
"
MAILAFFD.DOC
PAGB
NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF A
PORTION OF RED OAKS ROAD LOCATED ADJACENT
TO LOTS 27 TO 37, RED OAKS
You are hereby notified that the Prior Lake City Council will hold a public hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday, December
6,1999, at 7:30 p.m. or as soon thereafter as possible. The purpose ofthe hearing is to
consider vacating a portion of Red Oaks Road adjacent to Lots 27-37 in the Red Oaks
subdivision legally described as follows:
Legal Description:
That part of the 20 foot road adjacent to the northeasterly, easterly and southeasterly lines
of Lots 27 to 37, RED OAKS, Scott County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27 and southerly of the
southeast line of said Lot 37.
If you wish to be heard in reference to this matter, you should attend the hearing. Oral
and written comments will be considered by the City Council. If you have questions
regarding this matter, contact the Planning Department at 447-4230.
Prepared this 3rd day of November, 1999 by:
Jenni Tovar, Planner
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN NOVEMBER 6, 1999,
NOVEMBER 13, 1999 AND NOVEMBER 20, 1999.
1: \99fi1es\99vllC\99-069\99069pn.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF A
PORTION OF RED OAKS ROAD LOCATED ADJACENT
TO LOTS 27 TO 37, RED OAKS
You are hereby notified that the Prior Lake City Council will hold a public hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday, December
6,1999, at 7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to
consider vacating a portion of Red Oaks Road adjacent to Lots 27-37 in the Red Oaks
subdivision legally described as follows:
Legal Description:
That part of the 20 foot road adjacent to the northeasterly, easterly and southeasterly lines
of Lots 27 to 37, RED OAKS, Scott County, Minnesota, lying northerly of the
northeasterly extension of the southeasterly line of said Lot 27 and southerly of the
southeast line of said Lot 37.
If you wish to be heard in reference to this matter, you should attend the hearing. Oral
and written comments will be considered by the City Council. If you have questions
regarding this matter, contact the Planning Department at 447-4230.
Prepared this 3rd day of November, 1999 by:
Jenni Tovar, Planner
City of Prior Lake
PUBLISHED IN THE PRIOR LAKE AMERICAN NOVEMBER 6, 1999,
NOVEMBER 13, 1999 AND NOVEMBER 20, 1999.
Date Mailed: November 18, 1999.
1: \99files \99vac \99-069\99069pn.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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card to you.
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102595-97-8-0179 Domestic Return Receipt
~ta Statutes 1999,505.14
/
Minnesota Statutes 1999, Table of Chapters
Table of contents for Chapter 505
505.14 Vacat:Lon.
? {~k J LaxdJ "Cd:tA -Y SuJ v'^1 s
Upon the application of the owner of land included in any
plat, and upon proof that all taxes assessed against such land
have been paid, and the notice hereinafter provided for given,
the district court may vacate or alter all, or any part, of such
plat, and adJudge the title to all streets, alleys, and public
grounds to be in the persons entitled thereto; but streets or
alleys connecting separate plats or lying between blocks or lots
or providing access for the public to any public water, shall
not be vacated between such lots, blocks, or plats as are not
also vacated, unless it a ears that the street or alley or art
thereof sought 0 e vacated 1S useless for e u ose or
wn1c 1t was a1 out~ If any part of a street, alley, or
pUblic ground proposed for vacation terminates at or abuts upon
any public water, the petitioner shall serve notice of the
petition by certified mail upon the commissioner of natural
resources at least 30 days before the term at which it shall be
heard. The notice under this subdivision is for notification
purposes only and does not create a right of intervention by the
commissioner of natural resources. The petitioner shall cause
two weeks published and posted notice of such application to be
given, the last publication to be at least ten days before the
term at which it shall be heard; and the petitioner shall also
serve personally, or cause to be served personally, notice of
such application, at least ten days before the term at which the
application shall be heard, upon the mayor of the city, the
president of the statutory city, or the chair of the town board
of the town where such land is situated. The court shall hear
all persons owning or occupying land that would be affected by
the proposed vacation, and if, in the judgment of the court, the
same would be damaged, the court may determine the amount of
such damage and direct its payment by the applicant before the
vacation or alteration shall take effect. A certified copy of
the order of the court shall be filed with the county auditor,
and recorded by the county recorder. The district court shall
not vacate or alter any street, alley, or public ground
dedicated to the public use in or by any such plat in any city
or town organized under a charter or special law which provides
a method of procedure for the vacation of streets and public
grounds by the municipal authorities of such city or town.
HIST: (8244) RL s 3369; 1909 c 503 s 1; 1917 c 38 s 1; 1973 c
123 art 5 s 7; 1976 c 181 s 2; 1986 c 444; 1989 c 183 s 7
Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/505/14.html
Page 1 of 1
~
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on iJ~
12/20/99
,Minnesota Statutes 1999,412.851
Minnesota Statutes 1999, Table of Chapters
Table of contents for Chapter 412
Sk.+~.toy-~ G.-+ies
412.851 Vacation of streets.
The council may by resolution vacate any street, alley,
public grounds, public way, or any part thereof, on its own
motion or on petition of a majority of the owners of land
abutting on the street, alley, public grounds, public way, or
part thereof to be vacated. When there has been no petition,
the resolution may be adopted only by a vote of four-fifths of
all members of the council. No such vacation shall be made
unless it appears in the interest of the public to do so after a
hearing preceded by two weeks' published and posted notice. The
council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at
least ten days before the hearing. The notice must contain, at
minimum, a copy of the petition or proposed resolution as well
as the time, place, and date of the hearing. In addition, if
the street, alley, public grounds, public way, or any part
thereof terminates at or abuts upon any public water, no
vacation shall be made unless written notice of the petition or
proposed resolution is served by certified mail upon the
commissioner of natural resources at least 30 days before the
hearing on the matter. The notice to the commissioner of
natural resources is for not~ ~ on an oes not
c ea ~ ht of intervention b th ~ssioner. After a
resolution of vacation is adopted, the clerk shall prepare a
notice of completion of the proceedings which shall contain the
name of the city, an identification of the vacation, a statement
of the time of completion thereof and a description of the real
estate and lands affected thereby. The notice shall be
presented to the county auditor who shall enter the same in the
transfer records and note upon the instrument, over official
signature, the words "entered in the transfer record." The
notice shall then be filed with the county recorder. Any
failure to file the notice shall not invalidate any such
vacation proceedings.
HIST: 1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967
c 289 s 15; 1969 c 9 s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c
494 s 11; 1976 c 181 s 2; 1986 c 444; 1989 c 183 s 4; 1990 c 433
s 2
Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/412/851.html
Page 1 of 1
12/20/99
.
,
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: RED OAKS ROAD VACATION
An application for the vacation of a portion of the Red Oaks
Road right-ot-way adjacent to platted Lots 27 to 37, Red Oaks.
The vacation will allow tor the construction of a private drive
with easements for neighboring properties.
APPLICANT: City of Prior Lake
PROJECT ENGINEERS:
CONTACT PERSON:
SITE INFORMATION
PID#:
LOCATION: 20 foot platted public roadway described as Lots 27 to 37, Red
Oaks
EXISTING ZONING: R-1SD
COMPREHENSIVE PLAN: R-UMD
PROJECT REQUEST: Review application to vacate right-of-way.
DISTRIBUTE TO: 01 APPLICATION FOR: I
X Frank Boyles Administrative Land Division
'X ~~~4\ 'PC"CL- X Sue McDermott Comprehensive Plan Amend.
X Ralph Teschner Jeff Evens Conditional Use Permit
X Paul Hokeness X Lani Leichty Home Occupation
X Bob Hutchins Verlyn Raaen Rezoning
X Don Rye X Doug Hartman Site Plan
X Jane Kansier X Fire Chief Preliminary Plat
);.t X Bill O'Rourke PUD
X DNR - Pat Lynch X Minnegasco Final Plat
County Hwy. Dept. X Watershed Dist. Variance
MNDOT X Telephone Co. X Vacation
SMDC X Electric Co.
X Triax Cable Met. Council
Date Received 11/1/99 Date Distributed 11/5/99 Date Due 11/19/99
Complete Application 11/1/99 Date Distributed to 11/5/99 ORC Meeting 11/18/99
Date DRC
Publication Date 11/6/99 Tentative PC Date 11/8/99 Tentative CC 12/6/99
11/13/99 Date
11/20/99
60 Day Review Date Review Extension
f:\dept\planning\99files\99vac\99-069\referral.doc
Page 1
MIl
Northern States Power Company
414 Nicollet Mall
Minneapolis, Minnesota 55401-1993
Telephone (612) 330-5500
rr~f~(?@Q~r(~-I.\:'\'~~'\!.
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November 17, 1999
Jenni Tovar
Plannef
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Re: Red Oaks Road Vacation
Dear Ms. Tovar:
Enclosed is Northern States Power Company's response to the above referenced
vacation of a portion of Red Oaks Road in Prior Lake.
Please provide me with a copy of the Final Resolution for my files.
Sincerely,
, .~~
~1,ft._U c/..:.
Diane Ablan
Land Services
Real Estate Representative
612 330-2943
" '.
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I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric X Roads/Access
Policy
Septic System Gas BlJilding.Code
Erosion Control Other
Recommendation:
Approval
Denial
X Conditional Approval
cm1MENTS:
Please be advised that Northern States Power Company needs
to retain an easement over the entire vacation area.
Signed:
Real
L7uU~~
Diane Ablan
Estate Representative
Date:
November 17, 1999
Please return any comments by Friday. November 19. 1999, to
Jenni Tovar. Planner
City af Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9813
Fax: (1312) 447-4245
f:\de!)t\pianning\99files\99vac\9g..069\reierral.dQc
Page .2
11/17/99 WED 15:50 FAX 330 6590
NSP DEL SYS CONST
IaI 001
.. .
.
~
Facsimile Cover Sheet
Northern States Power Company
To: Jenni Tovar
Company: City of Prior Lake
Phone: 612447..9813
Fax: 612447..4245
From: Diane Ablan
Address: Land Services
NSP 414 Nicollet Mall
Minneapolis, MN 55401
Phone: (612) 330-2943
Fax: (612) 330-6590
Date: November17,1999
Number of pages
including this 3
cover sheet:
Comments: Re: Red Oaks Road Vacation
11/17/99 WED 15:50 FAX 330 6590
NSP DEL SYS CONST
I4J 002
NIP
November 17,1999
JenniTovar
Planner
City of Prior lake
16000 Eagle Creek Avenue SE
Prior lake, MN 55372
Re: Red Oaks Road Vacation
Dear Ms. Tovar:
Northern States Power Company
414 Nicollet Mall
Minneapolis, Minnesota 55401.1993
Telephone (812) 330-5500
Enclosed is Northern States Power Company's response to the above referenced
vacation of a portion of Red Oaks Road in Prior Lake. .
Please provide me with a copy of the Final Resolution for my files.
Sincerely,
- {}~
~
land Services
Real Estate Representative
612 330-2943
11/17/99 WED 15:50 FAX 330 6590
NSP DEL SYS CONST
. 'T. r "~" i.o: lA' . ... .&....r...
IaJ 003
I have revfe'Med the attached propcsed request (Red o.ks Read Vacation) for the
fcl/ewing:
Water , City Cede Grading
Sewer Storm Water Signs
Zoning Aced Plain County Road Access
Parks Natural Features lec:laJ Issues
Ass~ment Electric X Road$JAecess
Policy
Septic;: System Gas BuiJdinQ. Code
Ercslon Control Other '.
. - .
Recgmmendatic;m:
Appravaf
Denial
X Conditicnal Appro~1
COMMENTS~
Please be advised that Northern states Power Company needs
to~r.etain an easement over the entire vacation area.
, Signed:
Rea-'
~~
D1ane Ablan
Es1;a te Rep!es'enta ti ve
Da te :
November 17, 1999
Please retum any t:Dmments by Fridav. November '9" 1999. to
Jennl Tovar, Planner
City of Prier Lake.
16000 Eagle Creek A\lenue SE
Prier Lake, MN 55372
Phcne: (612) 447-9813
Fax: - (812) 4474246
f.~t\piannlng\9Sfj~:5\9Svac:\99-089\rsfgmill.dec
Page 2
.' "".
~
I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control -)( Other ~~Lc
Recommendation: X Approval
Denial
Conditional Approval
Comments:
I\\D .pRQlOLEN\S. f\~ L!)~e:, AS HbmfO~t\)f~c;. ll~~E'ltS.Tf\Mb
l}.\\LfT\e~ J\}e..'C..~ Rl\bt\'\. T~ ~o TO R.E.1>LA-c.E. OR.. ~?t:.R~~,f\kT\L\T\l:..~ ~
(tott.rice
TELEPHONE COMPANY
"Serving Minnesota for over 50 years."
4690 Colorado Street S.E.
Prior Lake, Minnesota 55372
TeIeph<x1e: (612) 447-3758
Direct Dial: (612) 226-7004
Mobile: (612) 919-5887
Fax: (612) 226-3758
Don Barlage
asp Engineering & Design
Signed:
'\)~~~~,e
. Date:
\ \ -<1 -~q
Please return any comments by Fridav. November 19.1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9813
Fax: ': (612) 447-4245
f:\dept\planning\99files\99vac\99-069\referral.doc
Page 2
I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas "')<.. Building Code
Erosion Control Other
Recommendation: ~ Approval
Comments:
Denial
Conditional Approval
Signed:
~."'"
C;'.~ ,-'
,- ./
~~re
/ /--/P-- 9~ '
/
Please return any comments by Fridav. November 19.1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9813
Fax: (612) 447-4245
i. ..... - !r2 (r3. rs 0 \Vl r's fr\" \
r~ Ll:_~; ~~ L~~ ~~1.-_1 i 'I' "
j \1\"---- :"1.'
: II , , i
'./ i NO\', .21999 d I
IV '; \
f:\dept\planning\99files\99vac\99-069\referral.doc
Page 2
.
I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning ./ Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other '5l.... . I. , ~~..........
-.J
Recommendation:
Approval
Denial
Conditional Approval
Comments: ~ I ~ ~
~)N\.. "'- s.JCc)~ \ ~ f \
-Jk~~ ~~A . ~.~~+ Pppa~ t"
IN ~o0
/
~~ ~ ~~~~u~ ~ ~frCS
/;w tI -it:- .:sit ~', u ~ f c...n:~ eW~Ch, ?
.
~~~~
~ L,(~
Please return any comments by Fridav. November 19.1999, to . ..... r-;-;::::',
Jennl Tovar, Planner I\m~Jl}ILJL i. \
City of Pnor Lake;) ;'( \ 9S .' \ \ i \
16000 Eagle Creek Avenue SE \(',.\ 1 NOV , 2 \',0)\
Prior Lake, MN 55372 :,\\; _.---- iV'\
Phone: (612) 447-9813 ., . ...c--." --J
Fax: (612) 447-4245 L..----
Date:
-1l / '1/ ,~
I t
Signed:
f:\dept\planning\99files\99vac\99-069\referral.doc
Page 2
,
I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
~ Water City Code X Grading
)C Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric y Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation:
Denial
X Conditional Approval
Signed:
~UcV~.
Date:
\\ /c;fiq
(
Please return any comments by Friday. November 19.1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9813
Fax: (612) 447-4245
f:\dept\planning\99files\99vac\99-069\referral.doc
Page 2
FROM
(WED) 11. 10' 99 15: 56/ST. 15: 54/NO. 4260632492 P :3 .
EXHIBIT A
I have reviewed the attached proposed request (Red Oaks Road Vacation) for the
following:
".
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain "- S5
"'......,
Parks Natural Features ( Legal Issues '\
Assessment Electric ""'--- .../
Policy
Septic System Gas BuildinQ Code .
Erosion Control Other
Recommendation:
Approval
Denial
L Conditional Approval
comm)nts: . . . .. .. I. D _ J1.. . ,I .' .' if
U. ~&tvA.U1'~~~~~
vfli:1~~~~~.~~
~~~~d~1~l~:~~ ~
Signed:
~.~ P/KL-
Date:
1Qru. 4/111.9
;.0:/<
Pleasereturnanycomments by Fridav. November 19.1999, to
JenniTovar. Planner
City of Prior Lake
16000 Eagle . Creek Avenue SE
Prior Lake. MN 55372
Phone: (612) 447-9813
Fax: (612) 447-4245
f:\depl\planning\99f1las\99V'ac\99.Q69\referral.doc
Page 2
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TOPOGRAPHIC SURVEY PREP ARED ,OR:
CH.e-RLOTTE ROEHR
'~15.322 RED OAKS ROAD S.E.
PRIOR LAKE. MN. 55372
VALLEY SURVEYlNG CO., P.A.
16670 FRANKUN TRAIL SE. SUITE 230
PRIOR LAKE MN. 55372
PH. (612) 4-47-2570
FAX (612) 447-2571
EXHIBIT ~"~
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; hereoy certify that this topoqroonic
survey NOS prelloreo oy me or unoer my
;::irec:fipel"l1Slon <Jna that I em a duly
Uce,9'57~ Land Surveyor unoer the lOws
o:t State !Jo1 tt7f7ta
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Minnesota License numoer 10183
Ooteo this 15th aay of January, 1999
;'levised 5-j-99 To od;.,st S. :nd 01 E;<. Orivewoy
PORTION OF
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CH.A..R~OTTE ROEHR
-15322 RED OAKS ROAD S.L
PRIOR LAKE:. MN. 55372
VALLEY SURVEYING CO., P.A.
16670 FRANKUN TRAIL SE. SUITE 230
PRIOR LAKE MN. 55372
PH. (612) 4-47-2570
FAX (612) 447-2571
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