HomeMy WebLinkAbout99-076 Admin Plat - Denied
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C;:;;' . . . f'! . Planning Case File No. q 0-Dilp
1&3 .- /P 70 '7 - II.f241c-1ur c~.:;f. Property Identification No.
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E./ Prior Lake, Minnesota 55372-1714/ Phone (612)
Type of Application: Brief description of pr
o Rezoning, from . (present zonin~) sheets/narrative if desir d)
to (prqposed zoninfl:) C 1.5 (!..
o Amendment to City Code, Compo Plan or City Ordinance J?/!J(lLtrt..S II""" Hg''.. 7U 15 P.t< lY't!15~ t..-
O Subdivision of Land LvbUL-P I'ur 60tH ..P#;eeo-,s ~>>AB<.
ri1 Administrative Subdivision 11 5- t1 '1- Ot '=' 7He I:) &.7A/C'A./,N ,p c> r PIA /2 $' /? f X A4A)C)
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o Conditional Use Permit c tl)'pe~ of fl'14-(!$lf}r J..6T':? IF f*
txI Variance I W ~ ~ -- () 1"1 Applicable Ordinance Section(s):
o Other:
Applicant(s): RJ/J~ y ftJ/'X#J-Jl-t<J M - X\..d. It tR S -0 :J U - c)c) '} - (J
Address: /5"~L/ 8~ee~/~r ~
Home Phone: cPr).- 2-2.~. 2.~ 76 Work Phone: CP/2... 3~b' ;:752.'/
Y'VLd' B
<< S -0 ~(r(X)7-
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
app ications wi! ~ processed uutil d..med .omple" by lb. Plauuiog Di....tor or asslgu'q If!? ~ 9
Date
Date
r/ttP/9?
THIS SPAC TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
lu-app2.doc
Date
,.
RESOLUTION 99-108
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL DENYING THE VARIANCES AND THE
ADMINISTRATIVE SUBDIVISION FOR 15311 AND 15329 BREEZY POINT ROAD
MOTION BY: Kedrowski
SECOND BY: Schenck
WHEREAS the Prior Lake City Council considered an application for variances and for
administrative subdivision approval to combine Lot 17, Breezy Point with Lots 14 and
15 Breezy Point, on October 18, 1999; and
WHEREAS: notice of the said administrative subdivision and variances has been duly posted in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS: the City Council has reviewed the administrative subdivision and variances according
to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said administrative subdivision and variances to be consistent with the
provisions of said ordinances.
FINDINGS
1. Mary Rixmann and John Bossardt have applied for a variances from the Zoning Ordinance in
order to permit the combination of Lot 17 with Lots 14 and 15 Breezy Point on property located in
the R-1 (Suburban Residential) District and the SO (Shoreland Overlay) District at the following
location, to wit;
15311 Breezy Point Road, legally described as Lot 14 and 15, together with that par
of Lot 17, lying westerly of the southerly extension of the westerly line of Lot 13,
Breezy Point, according to the recorded plat thereof, Scott County, Minnesota; and
15329 Breezy Point Road, legally described as the northerly 10.00 feet of Lot 11, all
of Lots 12 and 13, Breezy Point, Scott County, Minnesota, together with that part of
Lot 17, of said plat lying easterly of the southerly extension of the westerly line of said
Lot 13.
2. The City Council has considered the effect of the proposed variances upon the health, safety, and
welfare of the community, the existing and anticipated traffic conditions, light and air, danger of
fire, risk to the public safety, the effect on property values in the surrounding area and the effect
of the proposed variances on the Comprehensive Plan.
3. The denial of the variances and the administrative subdivision will not deny reasonable use of the
properties. There are existing structures on both existing lots. Lot 17 is unbuildable due to
elevations and shape, and reasonable use will be maintained as it currently exists.
f"\co.l,Ulci1\r~soluti\t>lapres\99'199.J 08.doc Paqe L
162UU Eagle Creel< Ave. ~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
---------------
~ ~
4. The granting of the variances is contrary to the Comprehensive Plan. The Comprehensive Plan
states "Neighborhoods and other land uses should be planned and developed in accordance with
the Comprehensive Land Use Plan. Development proposals shall be thoroughly reviewed and
evaluated to determine consistency with City plans and policies." The variances related to the
administrative subdivision are contrary to the intent of the ordinance.
5. One intent of the Zoning Ordinance is to achieve compliance of non-conformities with all
ordinances over time. The granting of the variances will create additional non-conformities and is
not within the intent of the ordinance.
6. The granting of the variances are not necessary for the preservation and enjoxment of a
substantial property right of the applicant. The variances not serve merely as a con-venience to
the applicants, and are necessary to alleviate demonstrable hardship.
7. The contents of Planning Case 99-076 and 99-077 are hereby entered into and made a part of
the public record and the record of decision for this case.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that it hereby denies:
1. An administrative subdivision for the combination of Lot 17 with Lots 14 and 15, Breezy Point.
1. The following variances related to the administrative subdivision on the property at 15311 Breezy
Point Road:
>- A 7.2% impervious surface variance to permit impervious surface coverage of 37.2%, rather
than the maximum allowed of 30%.
1. The following variances related to the administrative subdivision on the property at 15329 Breezy
Point Road:
>- A 1-,435 square foot lot area variance to permit lot area of 13,565 square feet rather than the
minimum required 15,000 square feet.
>- A 0.5% impervious surface variance to allow impervious surface of 30.5% rather than the
maximum allowed of 30%.
Passed and adopted this 18th day of October, 1999.
YES NO
Mader Mader X
Kedrowski X Kedrowski
Petersen Petersen X
Schenck X Schenck
Wuellner X Wuellner
{Seal}
r:\counciI\resoluti\plames\99\99-108.doc
Page 2
Council Meeting Minutes
October 18. 1999
the community volunteer time involved, and election sponsorship. Noted the Savage-Prior Lake
School district is the only school in southern Minnesota currently implementing the program.
SCHENCK: Asked about the curriculum after the election.
PANETTI: There are some research materials available and a civics class curriculum, but no other
activity sponsored by the program other than preparing for the next year.
BOYLES: Noted that there is action scheduled to endorse the Kids Voting Minnesota program
under Old Business.
PUBLIC HEARINGS:
Public Hearing to Consider Approval of Resolution 99-108 Denying an Administrative
Subdivision and Variances for Mary Rixmann and John Bossardt on Property Located at
15311 and 15329 Breezy Point Road.
MADER: Noted the procedure for the item, and declared the public hearing open.
TOVAR: Discussed the detailed proposal by Mary Rixmann and John Bossardt, including the
current conditions, hardship criteria, and the planning commission and staff recommendations in
connection with the staff report. Also indicated the variances necessary, and entered into the
pUblic record the Thielbar letter.
MADER: Asked for clarification of the land at issue, and the proposed combination by the applicant.
Commented that in combining a portion of Lot 17 with either property, both properties would still be
nonconforming with respect to impervious surface. Believes the staff is technically correct in its
recommendation, but believes it would be unreasonable to deny the variance. Asked if it is
common sense to enforce a literal interpretation of the ordinance in this circumstance given that
the property would be reverting back to its original designation prior to 1992 and as long as it is
convenient for the two property owners, and doesn't change the impervious surface or buildable
status.
TOVAR: The ordinance is clear in its intent not to create additional nonconformities. There is no
hardship that would deny reasonable use of the property.
SCHENCK: Noted that he was uncomfortable reversing the action of the Council in 1992, and
shuffling variances at will.
TOVAR: Clarified that the variances requested would make the properties legal nonconforming lots
by definition of the current ordinance. Also noted that nothing would be developable by the transfer
of the land. Both lots are occupied by single family homes.
MARK SIMPSON (atty. for Mary Rixmann, 15311 Breezy Point Road): Indicated Ms. Rixmann would
retain the combined Lot 17 should the lot combination be approved. Also stated that approval of
the lot combination would not result in any additional building. Disagreed with the staff report which
indicates new nonconformities will be created by the lot combination. Both properties are
nonconforming as to impervious surface and lot size, and both would remain nonconforming if the
combination should take place. The property would remain unchanged. The hardship is that Mr.
101899.DOC
2
Council Meeting Minutes
October 18. 1999
Bossardt bought the property with no intent in owning or maintaining the part of Lot 17 that he
owns.
SUSAN DETLEFFSON (realtor): Added that the intention from the beginning was for Mr. Bossardt to
reduce the amount of maintenance responsibilities along the lakeshore. The Rixmann's desire to
maintain this portion of Lot 17 as they do their own.
ROXANNE DOEBEL (15365 Breezy Point Road: Asked if additional docks could be installed if the lot
is combined. Concerned about additional parking on Breezy Point Road.
TOVAR: Answered that the number of docks is not limited, but mooring craft is limited to five
mooring craft per dwelling. The mooring craft could be located in front of either property.
MADER: Asked if the lots are combined, does it increase the number of mooring craft.
TOVAR: There is frontage for both lots. It would not increase the number of mooring craft.
.ED DOE BEL (15365 Breezy Point Road): Also concerned about landscaping and parking of boats
along Breezy Point Road.
MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
WUELLNER: Concerned that Council action will "undo" previous Council action and set a precedent
for similar situations. Noted that the staff report states that the variances are contrary to the intent
of the ordinance.
SCHENCK: Asked Mr. Simpson if there is a private dispute with respect to part of this property, and
would Council action affect this matter.
SIMPSON: Advised that there is nothing filed of record at this point, but there is a disagreement with
the Rixmann's neighbor as to the property line along the other side of the portion of Lot 17
currently owned by the Rixmanns.
TOVAR: Noted that the neighbor on the other side of Lot 17 does not dispute the lot combination,
but rather the legal description of the property line abutting his property relating to property that
has been added above the 904 OHW. Council action may change the size of the properties we are
addressing tonight.
SCHENCK: The Thielbar letter indicated the combination could reduce congestion and provide an
answer to future parking.
DETLEFFSON: Added that the indication is that if Rixmann's took over the property, they would be
limited to a certain number of boats, and the Bossardt's would not be able to have more parking
and more people at the dock. The intention was that Rixmanns could provide the necessary
maintenance and Bossardt's didn't want to.
SIMPSON: It was the Rixmann's understanding that no additional docks or pavement for parking
would be added.
101899.DOC
3
Council Meeting Minutes
October 18. 1999
SCHENCK: Concerned that intent changes with the landowner.
PETERSEN: Noted that if the current owner doesn't want to take care of it, it doesn't make a lot of
sense to make him maintain it.
KEDROWSKI: Pointed out that there is one conforming lot, and one nonconforming lot, and that
circumstance will not change. Does not see hardship or a significant reason to set aside the
ordinance other than one person wants to sell, and one person wants to buy.
MADER: Commented that ordinances are in place to manage development. Does not see the
practical purpose in imposing the ordinance now if there is no damage and no negative impact. In
favor of granting the administrative subdivision because it does not violate the integrity of our
ordinances.
KEDROWSKI: Asked the rationale for supporting the administrative subdivision because the Council
would need to define criteria in order to support its action with respective to future requests.
MADER: There is no damage to the public, and there is an indication by the property owners that a
hardship is present.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 99-108
DENYING AN ADMINISTRATIVE SUBDIVISION AND VARIANCES FOR MARY RIXMANN AND
JOHN BOSSARDT ON PROPERTY LOCATED AT 15311 AND 15329 BREEZY POINT ROAD.
SCHENCK: Asked if the private disagreement should be a consideration in voting on this action.
.fACE: No.
WUELLNER: Reiterated that actions by previous Council's should not be reversed based upon
intent of the current property owners when the previous action was done for a specific purpose.
PETERSEN: Noted that the amount of impervious surface remains unchanged. Does not support the
motion.
WUELLNER: Clarified that the action impacts future requests and sets a precedent.
VOTE: Ayes by Kedrowski, Wuellner, and Schenck, Nay by Mader and Petersen, the motion
carried.
Public Hearing to Consider Approval of Resolution 99-XX Upholding the Decision of the
Planning Commission to Deny a Variance to Locate an Accessol}' Garage Building Between
the Front Building Wall and the Front Lot Line Instead of the Required Side Yard and Rear
Yard.
BOYLES: Noted that a revised staff agenda had been distributed. The only revision was that the
first two lines of the second page were incomplete. Also noted that the applicant's counsel had
provided a summary of their position which has become part of the public record.
101899.DOC
4
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
OCTOBER 18,1999
7A
JENNI TOVAR, PLANNER
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION 99-XX DENYING AN ADMINISTRATIVE
SUBDIVISION AND VARIANCES FOR MARY RIXMANN
AND JOHN BOSSARDT ON PROPERTY LOCATED AT 15311
BREEZY POINT ROAD AND 15329 BREEZY POINT ROAD
History: On January 21, 1992, the City Council approved an
administrative land division to split Lot 17, Breezy Point and combine
each portion with the lot across the road. Variances to lot area were
given for Tracts A and B. Attached is the staff report and minutes
pertaining to that request. On September 22, 1999, the Planning
Department received an application from current and different property
owners to re-combine all of Lot 17 into one lot and combine it with
Lots 14 and 15 (15311 Breezy Point Road).
Current Circumstances: John Bossardt purchased 15329 Breezy Point
Road in the summer of 1999. During this time, it was brought to
Rixmann's attention that the Bossardt's did not want to retain their
portion of Lot 17 as part of their purchase. Rixmann's and Bossardt's
then reached an agreement on selling the property. It is the intent of
the Rixmann's to obtain the remainder of Lot 17 to prohibit the
placement of docks and mooring crafts from another property owner.
In order for the City to approve the administrative subdivision, lot area
and impervious surface variances are necessary. Each of the lots
involved has an existing structure, and all of the variances requested
are a result of existing conditions on the lots.
The variances requested for the property at 15311 Breezy Point Road
are:
1. A 7.2% impervious surface variance to permit an impervious
surface coverage of37.2%, rather than the maximum permitted of
30%.
\ \fs 1 \sys\dept\planning\99files\99adplat\99-076\99-076cc.doc
Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The variances requested at 15329 Breezy Point Road are:
1. A 1,435 square foot lot area variance to permit lot area of 13,565
square feet rather than the minimum required 15,000 square feet.
2. A 0.5% impervious surface variance to allow impervious surface of
30.5% rather than the maximum allowed of 30%.
Administrative land divisions are approved administratively if there
are no variances or if there is no written appeal received within 10
days of notification. Notices ofthe administrative lot division were
mailed on September 29, 1999 to property owners adjacent to this site.
No written appeals have been received. Notices of the variance public
hearing were mailed to property owners within 350 feet on October 7,
1999. Because there are variances related to the request, approval by
the City Council is required. The City Council has the option of
referring such matters to the Planning Commission for a
recommendation.
Breezy Point was platted in 1923. The property is located within the
R-l (Suburban Residential) and the SD (Shoreland Overlay) districts.
The lots are riparian and there is not a bluff on the site. There are
existing structures on both ofthe lots. The lots are in separate
ownership.
Lot 17 has been enlarged since the property was platted. A letter was
received on October 8, 1999 from an adjacent property owner relating
to the size of Lot 17 as shown on the survey. There is currently a
private dispute over the ownership of this additional property. This
dispute is being resolved in the courts. The position of the City is that
the legal descriptions submitted are consistent with the survey. The
City recognizes Lot 17 has been enlarged since original platting, but it
is not our jurisdiction to approve/assign legal descriptions or
ownership. This is a private property dispute.
Current lot area for 15329 Breezy Point Road is 15,161 square feet
with 30.0% impervious surface. The lot is conforming with all lots
under one Pill number. The current lot area for 15311 Breezy Point
Road is 13,680 square feet with 38.4% impervious surface. The lot is
legal non-conforming. The portion of Lot 17 has a separate Pill
number.
According to the DNR, the proposal will not affect the number of
docks/mooring crafts permitted on the site. The allowable number is 5
mooring crafts per property regardless of frontage. Exceptions to the
\ \fs 1 \sys\dept\planning\99files\99adplat\99-076\99-076cc.doc
Page 2
"
provision would be under a PUD where the number of crafts/docks is
determined by lake frontage.
The Issues: The following are the criteria which must be used when
considering variance requests:
1. Where by reason of narrowness, shallowness, or shape of a lot,
or where by reason of exceptional topographical or water
conditions or other extraordinary and exceptional conditions of
such lot, the strict application of the terms of this Ordinance
would result in peculiar and practical difficulties or exceptional or
undue hardship upon the owner of such lot in developing or using
such lot in a manner customary and legally permissible within the
Use District in which said lot is located.
Considering Lot 17 is existing and is currently split, each portion is
combined with the lots across the road respectively and cannot be built
upon. Therefore, there is no hardship in denying the variances, as the
lots are unbuildable and there is no denial of reasonable use.
2. Conditions applying to the structure or land in question are
peculiar to the property or immediately adjoining property, and
do not apply, generally, to other land or structures in the Use
District in which the land is located.
The lots in question are peculiar to the property. It is a unique
situation to have lots or portions of lots in common ownership
separated by a platted roadway.
3. The granting of the proposed Variance is necessary for the
preservation and enjoyment of a substantial property right of the
owner.
The variances to lot area and impervious surface are not necessary to
preserve the rights ofthe property owner. Currently, the existing non-
conforming lot area and impervious surface is "grand-fathered". The
property owners can maintain what they have. Denial of the variances
will not reduce the preservation or enjoyment of a substantial property
right as the owners currently share Lot 17
4. The granting of the proposed Variance will not impair an
adequate supply of light and air to the adjacent property,
unreasonably increase the congestion in the public streets, increase
the danger of fire, or endanger the public safety.
Considering the structures are existing the variances requested will not
impair the factors listed above.
\ \fs 1 \sys\dept\planning\99fi1es\99adplat\99-076\99-076cc.doc
Page 3
5. The granting of the Variance will not unreasonably impact on
the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding
area, or in any other way impair the health safety, and comfort of
the area.
The granting of the variances will not impact the character ofthe
neighborhood as the structures and lots are existing. No new structure
can be built upon Lot 17.
6. The granting of the proposed Variance will not be contrary to
the intent of this Ordinance and the Comprehensive Plan.
The granting of the variances is contrary to the Comprehensive Plan.
The Comprehensive Plan states ''Neighborhoods and other land uses
should be planned and developed in accordance with the
Comprehensive Land Use Plan. Development proposals shall be
thoroughly reviewed and evaluated to determine consistency with City
plans and policies." The variances related to the administrative
subdivision are contrary to the intent of the ordinance. Currently,
15329 Breezy Point Road is conforming with respect to lot area and
impervious surface. 15311 Breezy Point Road is currently non-
conforming with respect to lot area and impervious surface. The
granting of the variance would create non-conformities, which is
contrary to the intent of the ordinance. The intent of the ordinance is
to obtain compliance while preserving property owner's rights in
grandfathering certain lot aspects such as lot width or lot area.
7. The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a
demonstrable undue hardship or difficulty.
The variances serves merely as a convenience to the applicant.
8. The hardship results from the application of the provisions of
this Ordinance to the affected property and does not result from
actions of the owners of the property.
The variances related to the administrative subdivision are not a result
of actions ofthe property owners and hardship is a result of the
provisions ofthe ordinance. There is no possible means to get
complete lot area and impervious surface under 30% on both of the
lots simultaneously.
9. Increased development or construction costs or economic
hardship alone shall not be grounds for granting a Variance.
\\fs 1 \sys\dept\planning\99fi1es\99adplat\99-076\99-076cc.doc
Page 4
FISCAL IMP ACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
There are no financial considerations as a result of this request. The
hardship is caused by conditions on the property and not economics.
Conclusion: Staff recommends denial of the Administrative
Subdivision and requested variance. There is no hardship with respect
to the ordinance. Denial of the variance will deny reasonable use of
the property, as Lot 17 is and will always be unbuildable.
There is no fiscal impact as a result of this proposal.
The City Council has the following alternatives:
1. Adopt Resolution 99-XX denying the requested variances and the
Administrative Land Division. The attached resolution includes
findings of fact related to the variances.
2. Approve the request. In this case, the Council should direct the
staff to prepare a resolution approving this proposal for review and
approval as part of the Consent Agenda at the next Council
meeting.
3. Defer this item and provide staff with specific direction.
Alternative #1. Motion and second to adopt Resolution 99-XX denying
the administrative subdivision with variances.
\ \fs 1 \sys\dept\planning\99fi1es\99adplat\99-076\99-076cc.doc
Page 5
RESOLUTION 99-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL DENYING THE VARIANCES AND THE
ADMINISTRATIVE SUBDIVISION FOR 15311 AND 15329 BREEZY POINT ROAD
MOTION BY:
SECOND BY:
WHEREAS the Prior Lake City Council considered an application for variances and for
administrative subdivision approval to combine Lot 17, Breezy Point with Lots 14 and
15 Breezy Point, on October 18, 1999; and
WHEREAS: notice of the said administrative subdivision and variances has been duly posted in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS: the City Council has reviewed the administrative subdivision and variances according
to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said administrative subdivision and variances to be consistent with the
provisions of said ordinances.
FINDINGS
1. Mary Rixmann and John Bossardt have applied for a variances from the Zoning Ordinance in
order to permit the combination of Lot 17 with Lots 14 and 15 Breezy Point on property located in
the R-1 (Suburban Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
15311 Breezy Point Road, legally described as Lot 14 and 15, together with that par
of Lot 17, lying westerly of the southerly extension of the westerly line of Lot 13,
Breezy Point, according to the recorded plat thereof, Scott County, Minnesota; and
15329 Breezy Point Road, legally described as the northerly 10.00 feet of Lot 11, all
of Lots 12 and 13, Breezy Point, Scott County, Minnesota, together with that part of
Lot 17, of said plat lying easterly of the southerly extension of the westerly line of said
Lot 13.
2. The City Council has considered the effect of the proposed variances upon the health, safety, and
welfare of the community, the existing and anticipated traffic conditions, light and air, danger of
fire, risk to the public safety, the effect on property values in the surrounding area and the effect
of the proposed variances on the Comprehensive Plan.
3. The denial of the variances and the administrative subdivision will not deny reasonable use of the
properties. There are existing structures on both existing lots. Lot 17 is unbuildable due to
elevations and shape, and reasonable use will be maintained as it currently exists.
f:\dej>t\planning\99files\99adplat\99-076\rs99xxcc.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
4. The granting of the variances is contrary to the Comprehensive Plan. The Comprehensive Plan
states "Neighborhoods and other land uses should be planned and developed in accordance with
the Comprehensive Land Use Plan. Development proposals shall be thoroughly reviewed and
evaluated to determine consistency with City plans and policies." The variances related to the
administrative subdivision are contrary to the intent of the ordinance.
5. One intent of the Zoning Ordinance is to achieve compliance of non-conformities with all
ordinances over time. The granting of the variances will create additional non-conformities and is
not within the intent of the ordinance.
6. The granting of the variances are not necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances not serve merely as a convenience to
the applicants, and are necessary to alleviate demonstrable hardship.
7. The contents of Planning Case 99-076 and 99-077 are hereby entered into and made a part of
the public record and the record of decision for this case.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that it hereby denies:
1. An administrative subdivision for the combination of Lot 17 with Lots 14 and 15, Breezy Point.
1. The following variances related to the administrative subdivision on the property at 15311 Breezy
Point Road:
~ A 7.2% impervious surface variance to permit impervious surface coverage of 37.2%, rather
than the maximum allowed of 30%.
1. The following variances related to the administrative subdivision on the property at 15329 Breezy
Point Road:
~ A 1,435 square foot lot area variance to permit lot area of 13,565 square feet rather than the
minimum required 15,000 square feet.
~ A 0.5% impervious surface variance to allow impervious surface of 30.5% rather than the
maximum allowed of 30%.
f: \dept\planning\99files\99adplat\99-07 6\rs99xxcc.doc
Page 2
Passed and adopted this 18th day of October, 1999.
YES
NO
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
{Seal}
City Manager
City of Prior Lake
f: \dept\planning\99fi1es\99adplat\99-07 6\rs99xxcc.doc
Page 3
15311 and 15329 Breezy Point Road
Site Location
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, . ." '...., ' '.Impervious Surface Calculations .' i ;~"Ir '. ""999" "
. (To be Submitted with Building Permit Application) , ~' ; .OCT 5 '"
. ,'" For All Properties Located in. the Shoreland District (8 I . I.
The' Maximum Imp'ervious Surface Coverage Permitted in 3 percent,
. PropertyAddress~';~ \ \ .... .... ~r~1... R 1.~-\-1\~~&. (q~I~\'\~\1.~1
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. " For All-Prope~ties Located in.the'Shoreland District (SD i'\\\ j' .... . .\Ub'
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pr~par~~lty ~ l.;)~ ~ :~ . ',., '.'tlate \ b-l- "'\ cf ,.,
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.. .... . 'iUlP~r"joiisStirfa~eCaJclilatiollS .. OCT 5 100'3 "
. '.' (To b~Submltted with Building Permit Application) . '.
. . . .... . For All Properties Located in. the Shoreland District (SD). . .
. . .. . ... Th~ M~X)~ula l~pervious SurfaceCQverage Permittedin 30 Percent..
....PropertyAddress \<S"?:>\\~~~1~1X:\<nc> (Q.' (~k9~~~O
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';' PETACHEq BLOOS .'
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TOTAL DET ACHErrnUILDINGS..;"..;......:"....;.
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"6"~' ~.
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,:. . . . (To be Submitted with Building Pennit Application) . '" ". .d n~ r-~'-"----: ". . .
. .. . '. .'. : FO:Al1:,Prop.~.l~ti~sLocatediri.theShore.IandI?istri~t (8D),::(\"J 1. \gq()..
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....Prop.ertYAdclreS~\'5~~"I%~~~~l~~1<oA.~ .. (~~'::~~n .
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....~..:8.~~~\~~;.::.~q,:s ".
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TOTALIM.l>ERVIC)US SUIU?ACE . [ "\\~'?
.......vNIlE~ . ...... ...... ~. . ..... . . '. '.. . . I to3.':2
prepared'~~l.S)~~~l^" ....... . DatU b - \ - <t <t .
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1. .... .
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'to
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
HERITAGE
1891
COMMUNITY
1991
CUYJ'5CJ-JV
20JI
7
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER ADMINISTRATIVE PLAT AND
APPLICATION FOR HAROLD GUSTAFSON
JANUARY 21, 1992
VARIANCE
The Planning Department has received an
application from Harold Gustafson to divide
his property holdings into two tracts as
indicated on the attached survey. Mr.
Gustafson is the owner of Part of Lot 11, Lots
12 through 15 and Lot 17, Breezy Point.
Proposed Tract A would consist of Lots 14 and
15 and the westerly part of Lot 17, Breezy
Point. This tract contains 10,873 square feet
of lot area above the 904 contour- and requires
approval of a 4,127 square foot minimum lot
area variance. Proposed Tract B would consist
of the North 10' feet of Lot 11, Lots 12, 13
and the easterly part of Lot 17, Breezy Point.
This tract contains 14,960 square feet of lot
area above the 904 contour and requires
approval of a 40 square foot minimum lot area
variance. The pur~ose of this hearing is to
consider the adminlstrative land division and
variance applications outlined above. See
attached application forms and survey for
further reference.
The subject site consists of five lots of
record which, theoretically, are eligible for
building permits. However, the site is
located on a peninsula, surrounded by Prior
Lake. The Lots were originally subdivided in
1923 and are severely substandard by current
zoning regulations. Each lot is approximately
100 feet deep and 50 feet wide. The required
lakeshore setback is 75' feet measured from
the 904 contour. Maximum lot coverage is 30%
percent. The subject site is low and must be
filled and carefully developed in order to
construct homes that \ comply with the
Floodplain Ordinance. Staff has advised the
applicant that a realistic development concept
for the property would be two lots. The
Floodplain Ordinance requires that the lowest
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
DISCUSSION:
building elevation be at 909 and that fill
surrounding the structure be at elevation 908
for a distance of 15' bevond the structure.
The Floodplain requlrements preclude
development of each individual lot. In
addition, the 75' setback requirement leaves
no building envelope on either tract.
Therefore, staff suggested that the properties
be combined to create two buildable tracts.
The attached submittal is consistent with the
staff recommendation to the applica~t.
There is one cabin and an existing garage on
the subject site. Mr. Gusta~son has been
approached from a buyer interested in
purchasing proposed Tract B. The site was the
subject of a recent variance application that
was discussed by the Planning Commission on
December 19, 1991. Douglas Thielbar was
granted a 44' lakeshore variance to construct
a single family home on Lot 12 subject to four
conditions: 1. The applicant grant the City
an easement for utility purposes over Lot 17,
as required by the City Engineer; 2. The
variance approval be subject to an approved
administrative land division; 3. The existing
cabin and garage be removed; 4. The applicant
submit a planting plan, acceptable to staff,
indicating where removed trees will be
replaced on the site. The Thielbar's are
interested in purchasing Tract B, once the
administrative land division is approved. The
Planning Commission reviewed the variance
application for the home prior to the
administrative land division application only
because the lot proposed to be split is Lot
17, which is not a buildable Lot.
The administrative subdivision and variance
notices were mailed to residents, utility
companies and the DNR. No comments were
received from the public on this issue. The
site has been 100% assessed for all utility
improvements. $357.12 dollars are certified
against 1992 property taxes and a $576.00
dollar balance remains. All assessments will
be retained against pro # 25-026-007-0.
The Engineering De~artment indicated that
sewer and water servlce stubs exist in the
Breezy Point road right-of-way to serve each
proposed tract. The owners, at the time of
building permit application will need to show
proposed lot drainage and grade each tract
COMPREHENSIVE
PLAN IMPACT:
ALTERNATIVES:
RECOMMENDATION:
accordingly, prior to issuance of occupancy
permits. There are sewer and water lines
located within Lot 17, Breezy Point for which
the City does not have easements. Therefore,
one condition of approval of the
administrative subdivision should be that the
applicant grant the City an easement to
maintain and repair the utilities over Lot 17.
City staff will prepare the necessary easement
descriptions for the property owner to sign.
The DNR submitted a letter to staff dated
December 31, 1991 stating their objection to
the division of the Gustafson property. The
basis of the objection is that each new tract
will be smaller than the required 15,000
square feet and that each will require setback
variances from the 904 contour.
The proposed tracts, although smaller than
15,000 square feet are substantially larger in
area than the rest of the developed lots
within the subdivision. It is unfortunate
that the underlying plat is inconsistent with
current zoning standards however,' each lot is
of record. Although the proposed division is
not the optimal solution, it is, in staff's
opinion reasonable, considering development
patterns in the neighborhood and the
assessment policy of the City. A setback
variance would be needed for any structure
whether or not the administrative plat is
approved.
The Comprehensive Plan indicates low density
residential use for the site which is
consistent with the proposed subdivision.
1.
Approve the administrative plat and
variance applications as submitted.
Table this item for further research.
Deny the application for specific
reasons.
2 .
3.
The recommendation from staff is to approve
the administrative lot split and variances as
proposed subject to the condition that the
owner file an easement over Lot 17 for utility
purposes. The rational for granting the
variances is that the hardship is created by
the Ordinance which was adopted after the lots
were subdivided. The combination of
substandard lots of record to create larger
building parcels observes the spirit of the
Ordinance and is reasonable. The resulting
ACTION REQUIRED:
tracts will be substantially
existing developed lots
subdivision. The subdivision
would not be detrimental to the
safety or general welfare.
A motion to approve the administrative plat
and variance is in order.
larger than
within the
and variance
public health,
Minutes of the Prior Lake City Council
January 21, 1992
*
The next order of business was: Consider Administrative Plat and
Variance Application for Harold Gustafson. Assistant City
Planner Garross presented an overhead map of the area and
discussed Mr. Gustafson's request. Discussion occurred on the
splitting of the lots and the DNR's Shoreland Management
Ordinance rulings in relation to City ordinances. No members of
the audience spoke on this application.
MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE
ADMINISTRATIVE PLAT DIVISION AND VARIANCES AS SUBMITTED SUBJECT
TO THE UTILITY EASEMENT ON LOT 17 BEING OBTAINED.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott
and White, the motion passed unanimously.
The next order of business was: Finalize Council Workshop Plans.
City Manager Unmacht reviewed the proposed Workshop Agenda and
discussion occurred on details of the agenda. Staff was directed
to finalize plans.
Topics discussed under Other Business is as follows:
Citr Manager Unmacht reminded Council of the American
Leg1on's Recognition dinner for the Police on January 22.
City Manager Unmacht discussed the pending sale of Star
Cablevision to D. D. Cable Partners, Inc. and the actions of
staff to process a cable franchise transfer.
It was announced that a meeting to discuss snowmobile traffic
in Prior Lake would be held at City Hall on January 27.
Dennis Leff will conduct the meeting.
Councilmember White complimented staff for their 4th quarter
budget report approved by Council under the consent agenda.
A short recess was called.
The meeting reconvened at 9:00 p.m. for a closed session. The
purpose of the closed session was to discuss Union negotiations
with the Police Department. Present at the meeting were: Mayor
Andren, Councilmembers Fitzgerald, Kedrowski, Scott and White,
City Manager Unmacht, Assistant City Manager SChmudlach, City
Attorney Kessel and Recording Secretary Birch.
Discussion occurred.
The next Council meeting will be Monday, February 3, 1992 at 7:30
p.m.
There being no further business, the meeting adjourned at 10:00
p.m. by general consent of the Council.
V1 J. Unmac t
~~~ag~
Dee B1rch
Recording Secretary
3
...
PROPOSED LOT LINES"
ADM. LOT SUBDIVISION
PREPARED FOR:
Mon" Rixmann
;16slf'I!liSEZV 'OPDIN1r.._D
'PBIGR. tAn ,:MN:.;:5lIS72
Valley Surveying Co., P. A.
16670 FRANKUN TRAIL S.E.
SUITE NO. 230
PRIOR LAKE, MN. 66S72
TELEPHONE (612) 447-2670
~
LAl<E
~~
PRIOR
\..Al<!
PRIOR
o 29 40
. r
~CAI.E IN I'tET
" -\
. I
---
PRIOR
LAKE
IOOSTINQ Pl\OPERTY DBSCIUPTJONS:
PARCEL A:
Lets 14 and U. IopdJIr with that pin of Lot 17, Iyfn, wmerI,. or the IOUIherIy
otansionofthtWOSlertyllMofLoc 13.8reezyPelnl,~'fotblreconledpllf
thlNOl', SooaCounty, Mi-.
ConIaiam. 13,610 14 ft. Ibow etm.lion 904
PARCBL B:
The IlOr1hcifty 10.00 ,. oI'Lot II, all of'Lob 12llnd 13, Brwezy Ponrt. 300?I ComIty,
~1DFtberwf1hlhltputofL-..11.ofllldplatl)'fnaeurertyof1he1llUthcwly
......oflhe~liMof..wLotI1
ca.iui6li-H.I6I .q.1l1bOw ~ 904
PROPOSBD PROPERTYhEscR.IPnONS:
PARCEL A:
Lots 1., 17
_.
; ~~
9
ConrmI., ",276 tq. It. *'" eIeftdOft 904
PARCELB:
™ DOrdMrIy 10,00 I'oeI or Loc II, III of 1otlI12 UId 13, e..., PotaM. Scott Ceumy,
M'_
I KlItIII'l' ClItT.". nM.' 'f)fll ADM. lOT IUID. Wilt
"'1.."..tD fltM. Oil UHOIl'I art Glllltt RPI""11IOft
M<IG mAT ,..,. II DULY I.It'HItD UHOftMVrvOl'l
-. ;;:;1i2W-'-'
2. ". ."-
"Tt - - __._ l.lt I.... NO. 'Ol'~
C9mIInl.. 13)6'.... IlIbooYeehft1lon904
'"11.. t NO. eg09 8M.. 224'"
f/
~r~;::]
\<
EXISTING LOT LINES
ADM. LOT SUBDIVISION
PREPARED FOR:
MarY: Rixmonn
IB.I1'Il/IE~"P.oINT'~D
'PIiIICR .lAKr. 'IIIN'.<:BS372
Volley Surveying Co., P. A.
16670 FRANKLIN TRAIL S.E.
SUITE' NO. 230
PRIOR LAKE. MN. SS372
TELE~PNE (612) 447.2570
~
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pRiOR
1-",1<1
PRiOR
o 29 40
I I
SCAU': IN FUT
t' \
,1
~
PRIOR
LAKE
EXlSTrNO PROPERTY DIlSCR.IP'J'JON:
PARCEL A:
Lob 141nd U,1opthIc wilh thai pin of Lot 17.IJinI wesle:rIYofthe 1DU1her!y
exleuJon 01 the M81erry !hIt or Lot 13, Breezy PoIat, ICCOIdUlI 10 IhlI reconW pht
-....""""'.-
."
\,1
Contanriftll3.6I01q.1l ab.weelevlt:lOll9IM
PARCELS:
The II(If1her1y 10.00 lbeI of Lot 11,1lI! of'LotII2 _ U. 8roAy hbn. SCOII Coamy.
Ml..... kllftherwilh1bltpll1 orLoc 1',oIaa1dpl111yiJ11 eHCerIyof'thelOUChclrly
ftteIIlIonoflhe........."1lno oIlIhI Lot 13.
CoakIniJIt".161Jq.fl.~eltvldon904
PROPOSBD PROPERTY bEsctuPrfOHS:
9
/'
/
PARCELA:
loiS 1.15...
.
CGnlIinIII, 13,276... ft.1blm eInatIellI904
PARClLB:
TIle ftOfttleIty 10.00" 01 Lot II, all oC_12 and 13, 8nmy Point, Stott Cowl1y,
Ml_
Ccmt.lnlnt 13.'" Ill- ft. above etn.dIM 90t
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November 8, 1999
Suzanne Detlefsen
16197 Main Avenue
Prior Lake, MN 55372
RE: City Council Decision of Request for Administrative Plat and Variances
Dear Suzanne:
This letter serves as a follow-up to a letter received on October 29, 1999 regarding the City
Council's decision to deny your request. City staff has no authority to reconsider City Council
action. There is no means to administratively appeal the decision. An alternative is to re-apply
for another Administrative Plat and Variances. In this case, another public hearing would be
held. Staff s recommendation would remain unchanged considering the previous
recommendation of the Planning Commission and action of the City Council.
Please call me if you have any questions. I canbe reached at 447-9813.
cerely, < J~
L:\99FILES\99ADPLA 1\99-076\CCACTIONltr2.doc
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: SUZANNE DETLEFSEN
6124406703
10/29/99 3:30PM Job 700
Page 1/2
FAX COVER SHEET
Suzanne Detlefsen
1 (j 19 i' Mam Avenue
Prior Lak.e. Mn 55.172
USA
612-440-6700
612-440-6703
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Sent by: SUZANNE DETLEFSEN
6124406703
10/29/99 3:31PM
Job 700
Page 2/2
Rhonda Kelley
16197 Main Ave. SE
Prior Lake, MN 55372
Phone 612-440-6700
Fax 612-440-6703
October 2'), 1l)'J')
SUI.:UlllC Dellcfscl1
16197 Main Ave.
Prior L"ke, Mn.55172
Rl::: LOT 17 BREEZY POINT
[)car SU.f.31l1IC,
011 October 20, 11)1)') I convc.rsed on the telephonc with Valley Sun.c)' ill regards to the City of Prior Lakc denying
Rixmans the variance lot split on Lot 17 Brcez)' Point. They indicated the unllkelincss of the City being
approached with any other requests of this nature based 011 the Imld topography. The fact that the propert). is
across the road makes it unusual from any other bay on Prior Lake and the change in the water shed lllso should be
a consideration in evaluating this unusuullol.
II1lIve also spokcnto Lindu Thcilb:1T who originally aquired th:lt split of 17 in 19'>2 She can 110t underslilnd the
Cites' reluctance to approve it at this time. She is aware that Lot 17 is a hardship for .Iohn Bossardt due 10 Ihe fact
that he is traveling so much in his business. She also explained thaI if the Rixmans can receive approval there will
be an improvcmcnt to the parking situation and only beller the quallt)' of the neighbors enjoyment.
Thank you,
RM. hon~a, &
- tMIt jJ,/ / /' .
," - - .
." _'_'~"''- ''-':'''~'4 ;~''':'',.,'i....-'..i ."..,::,~-~,,~''''....'......., w.", ~~, ,',_~'~" :, ,',;"'h ,~~___: ..,;C,!:, <.., ,,:_'__<, .,. '....' """ -,"
October 20, 1999
Mary Rixmann
15311 Breezy Point Road
Prior Lake, MN 55372
John Bossardt
15329 Breezy Point Road
Prior Lake, MN 55372
RE: City Council Decision of Request for Administrative Plat and Variances
Dear Applicants:
Enclosed is a copy of Resolution 99-108 adopted by the City Council on October 18, 1999. The
resolution denies your request. Under our ordinance there is no means to appeal a decision of the
City Council. Considering a decision has been made and cannot be appealed, the case file is
closed. Please call me if you have any questions. I can be reached at 447-9813.
F:\DEPT\PLANNING\99FILES\99 ADPLA 1\99-07 6\CCACTIONltr.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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10 - ;X;'-7(J
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
8D
JANE KANSIER, PLANNING COORDINATOR;
CONSIDER APPROVAL OF RESOLUTION 98-XX
APPROVING THE PRELIMINARY PLAT FOR "RED
OAKS SECOND ADDITION"
JANUARY 5, 1998
DATE:
INTRODUCTION:
The purpose of this agenda item is to consider approval of
Resolution #98-XX approving the preliminary plat for Red
Oaks Second Addition. This site is located along the west
side of Breezy Point Road, about 1/4 mile north of
Rutledge Street, and directly south of Prior Lake.
The preliminary plat consists of 2.42 acres to be
subdivided into 3 lots for single family dwellings. One of
the lots, Lot 2, is the site of an existing dwelling, so the
proposed plat would allow two new dwelling units on this
property. The gross density of 1.24 units per acre is
consistent with the maximum density of 3.5 units per acre
permitted in the R-1 district.
The minimum lot area for this site is 15,000 square feet
with 90' of frontage at the front building line and 75' of
frontage at the Ordinary High Water Elevation. Lots 2 and
3 meet these requirements. Lot 1 did not meet the
minimum frontage requirements; however, the plat has
since been revised to meet this criteria.
BACKGROUND:
A preliminary plat for this site was originally proposed in
1992. That proposal included three lots accessed via a
private cul-de-sac off of Breezy Point Road. The City
Council denied this plat in on May 4, 1992, primarily due to
the number of variances required. At the time, the
applicant was requesting variances to the lakeshore
setback, lot width, the width of a road and the requirement
that the road be dedicated as a public street. Several of
the variances were due to the fact that the DNR had
determined the pond area to be a part of the lake bed.
In 1993, the applicant resubmitted his proposal. Once
1:\97files\97subdiv\preplat\redoaks2\redoakcc.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
/
again, numerous variances were required. The City
Council originally approved the preliminary plat, subject to
the condition that the applicant obtain the necessary
variances and that the DNR make a determination as to
whether the pond area is a part of the lake bed. The
Council subsequently adopted Resolution 94-09 on
February 7, 1994, denying the preliminary plat. Once
again, the issue was due to the determination that the
pond area was a part of the lake bed, and thus created the
need for several variances.
This proposal is different from the previous proposals in
several respects. First of all, the proposal does not
include a private road. The plat provides frontage for all
three lots on Breezy Point Road, a/though lots 2 and 3 do
share a driveway. Secondly, all of the lots meet the
minimum lot area requirements. Finally, there are no
setback variances. The DNR has determined the pond is
not a part of the lake bed for regulatory purposes.
Therefore, the lakeshore setbacks do not apply. In
addition, in 1997, the Council reduced the required
lakeshore setback from 75' to 50' from the OHW elevation.
This also eliminated the need for several variances.
DISCUSSION:
The Planning Commission held a public hearing to review
this preliminary plat on December 8, 1997. Attached to
this report is a copy of the Planning staff report and
minutes of the Planning Commission meeting.
Planninq Commission Recommendation: The Planning
Commission recommended approval of this preliminary
plat, subject to the following conditions:
1. Lot 1 should be eliminated, or the preliminary plat
redesigned to meet all Zoning and Subdivision
Ordinance requirements.
2. A revised landscaping plan showing the changes
outlined in this report must be submitted. If Lot 1 is
eliminated, the landscaping plan will meet the
requirements.
3. The issues outlined in the memos' from the
Engineering staff, dated November 14, 1997, and
November 18, 1997, must be addressed in the final
plat.
Staff Recommendation: The staff also recommended
approval of this request subject to the same conditions.
ISSUES:
The outstanding issue in this preliminary plat was the lot
1:\97files\97subdiv\preplat\redoaks2\redoakcc.doc
Page 2
/
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
width at the front building line for Lot 1. The original
proposal did not have the proper lot width above the
Ordinary High Water Elevation. The plat has since been
revised to meet this requirement. Another issue was that
of the setback from the wetland on the site for the building
envelope on Lot 1. Once again, the plat and the grading
plan have been revised to create a building envelope
which meets the necessary setbacks. The landscaping
plan has also been revised to meet the necessary
requirements.
The final issue has to do with the changes required by the
Engineering Department. These are relatively minor
changes which can be dealt with in the final construction
plans.
1. Adopt Resolution #98-XX, approving the preliminary
plat of Red Oaks Second Addition subject to the listed
conditions, with the finding that the preliminary plat is
consistent with the intent and purpose of the
Comprehensive Plan and the Zoning and Subdivision
Ordinances.
2. Defer consideration of this item for specific reasons.
3. Find the preliminary plat inconsistent with the purpose
and intent of the Zoning and Subdivision Ordinances
and/or the Comprehensive Plan and deny the request.
The plat itself appears to be adequate and appropriate for
the development of the site with public sanitary sewer and
water extended to the site and on that basis, staff
recommends Alternative #1.
Motion and second to adopt Resolution 98-XX
approving the relinjinary plat subject to the listed
conditions. fl
(I...) L
t ~t
Boyles, City Manager
1:\97files\97subdiv\preplat\redoaks2\redoakcc.doc
Page 3
RESOLUTION 98-08
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
PRELIMINARY PLAT OF "RED OAKS SECOND ADDITION" SUBJECT TO THE
CONDITIONS OUTLINED HEREIN.
MOTION BY: KEDROWSKI SECOND BY: SCHENCK
WHEREAS: the Prior Lake Planning Commission conducted a public hearing on December.
8, 1997, to consider an application from Michael Benedict for the preliminary
plat of Red Oaks Second Addition; and
WHEREAS: notice of the public hearing on said preliminary plat has been duly published
and posted in accordance with the applicable Minnesota Statutes and Prior
Lake Ordinances; and
WHEREAS: all persons interested in this issue were afforded the opportunity to present their
views and objections related to the preliminary plat of Red Oaks Second
Addition for the record at the Planning Commission hearing; and
WHEREAS: the Planning Commission and City Council have reviewed the preliminary plat
according to the applicable provisions of the Prior Lake Zoning and
Subdivision Ordinances and found said preliminary plat to be consistent with
the provisions of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for preliminary plat
approval of Red Oaks Second Addition on January 5, 1998; and
WHEREAS: the City Council finds the preliminary plat of Red Oaks Second Addition to be
consistent with the 2010 Comprehensive Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the preliminary plat of Red
Oaks Second Addition subject to the following conditions:
1. Lot 1 should be eliminated, or the preliminary plat redesigned to meet all Zoniltg altd
Subdivisiolt Ordiltance requirements.
2. A revised landscaping plan showing the changes outlined in this report must be submitted.
If Lot 1 is eliminated, the landscaping plan will meet the requirements.
r:\GoupciI\r~olUli\plq{1r.es\rs9~08c,c.doc Page L
16200 Eagle creek Ave. ::'.t.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~r447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. The issues outlined in the memos from the Engineering staff, dated November 14, 1997,
and November 18, 1997, must be addressed in the final plat.
Passed and adopted this 5th day of January, 1998.
YES NO
Mader X Mader
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Vacant Vacant
{Seal}
r:\council\resoluti\planres\rs9808cc.doc
Page 2
of the Prior Lake City Council
January 21, 1992
The next order of business was: Consider Administrative Plat and
Variance Application for Harold Gustafson. Assistant city
Planner Garross presented an overhead map of the area and
discussed Mr. Gustafson's request. Discussion occurred on the
splitting of the lots and the DNR's Shoreland Management
Ordinance rulings in relation to City ordinances. No members of
the audience spoke on this application.
.*
MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE
ADMINISTRATIVE PLAT DIVISION AND VARIANCES AS SUBMITTED SUBJECT
TO THE UTILITY EASEMENT ON LOT 17 BEING OBTAINED.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott
and White, the motion passed unanimously.
The next order of business was: Finalize Council Workshop Plans.
City Manager Unmacht reviewed the proposed Workshop Agenda and
discussion occurred on details of the agenda. Staff was directed
to finalize plans.
Topics discussed under Other Business is as follows:
City Manager Unmacht reminded Council of the American
Legion's Recognition dinner for the Police on January 22.
City Manager Unmacht discussed the pending sale of Star
Cablevision to D. D. Cable Partners, Inc. and the actions of
staff to process a cable franchise transfer.
It was announced that a meeting to discuss snowmobile traffic
in Prior Lake would be held at City Hall on January 27.
Dennis Leff will conduct the meeting.
Councilmember White complimented staff for their 4th quarter
budget report approved by Council under the consent agenda.
A short recess was called.
The mee.t,ing reconvened at 9: 00 p. m. for a closed session. The
purpose of the closed session was to discuss Union negotiations
with the Police Department. Present at the meeting were: Mayor
Andren, Councilmembers Fitzgerald, Kedrowski, Scott and White,
City Manager Unmacht, Assistant City Manager SChmudlach, City
Attorney Kessel and Recording Secretary Birch.
Discussion occurred.
The next Council meeting will be Monday, February 3, 1992 at 7:30
p.m.
There being no further business, the meeting adjourned at 10:00
p.m. by general consent of the counCil~~
Vl J. unm~
~Qjn_ag~
Dee Blrch
Recording Secretary
1
OCT-16-99 03: 39 AM YJ Jc) LeOn l'itV7Cj
aaual.l. & UIIII8 M. Thll.III'
P.01
I'
,.
F.x(612)40~~697
Home Phllllg (612) 402.0697
P.O. Box Inti
Prior Like, MN 5:1372
October IS, 1999
Prior Lake City Council Members and City Officials
16776 Fish Point Rd
Prior Lake, MN 55372
RE: Administrative Plat and Variance Hearing for Rixmann and Bossardt
To all concerned:
Douglas and Linda Thielbar-former Owners ofPtoperty 15329 Breezy Pt. Rd. PriOl" Lake would like to offer their
opinion on the VarianQe Hearing for Rixmann and Bossardt.
We have owned the property since 1991, and sold this year to John Bossardt on AuiUst 13th 1999.
We received 8 call from Suzanne Detlefsen on Thursday October 14th regarding the Variance issue. In the past
Doug and 1 have had a couple conversations with the city staff over the best way to utilize lot 17 of Breezy Point.
As alllakeshore owners know, parking on these narrow private streets can be interesting to sa)' the least.
When John Bossardt made it know to us that he was not interested in retaining lot 17. We happened to mention it
to Wa)'l1e and Mary Rixmann. Our discussions s~csd to alwa)'S lead US back to the parking and best utilization of
lot 17. Wayne and Mary had ~pressed interest in purchasing that lot. but because ofa time factor. we could not
accommodate John Bossardts' request of not including it with the purchase of the home.
.::;:'J After reading the City council agenda report dated October 18, 1999, several items of concern ~ could ~ Ilddrxl
. to improve the quality of the neighborhood.
I.) Rixrnanns' intent to prohibit dock placement is a concern, but is not the only benefit.
2.) Issues to ~nsider are:
A. All rhe lots in the neighbor hood are Grand-Fathored in, because of size. 153Z9 Breezy Point Ref
(J. Bossardts' property) is the only one that is conformlnl to toclay'. staadard..
B. Granting this variance would in deed decrease the eonle.tion and provide an answer to a future parklDI
situation. with future homeowner to Prior Lake. Currently the homeowners ofthe adjacent property are not
interested nor in a position to purchue the property to enhance there use of the lake.
C. Granting th i. variance with the intent of a Comprebenlive Plan use would however turn
15329 BrCl;ZY Point into Ii non conforming lot, &ame as the rest of the neigJ1borhood-bul give a solution
to a future problem.
D. We feel there is a Hardship issue. Mr. Bossardt is not interested DOl" in any position with his time to care for
Lot 17. It would be a bettermeat to the aelghborbood in the .re.. or: MalDte.ance, Homeownenbip,
and future Nellbborboocl of Breezy Pt. Rd.
page 1 of2
OCT-16-99 03:39 AM
P.02
,.
page2 of2
Conclusion:
We feel that Rixmanns' and Mr. Bossardt havc the best interest of the city and Neighborhood in mind.
That issues of intend go fUrther thlUl a dock issue.
There is trul)' a hardship for Mr. Bossardt to oontinue to maintain Lot 17.
Mr. and Mrs. Rixnlann have the intercst and the means to truly upgTade the lot for future use 10 future residence of
Prior Lake.
We arc in favor of the variance and would have pursed it ourselves, if we would hav." had more timo.
Thank you.
2n;!.da~ I ~
October 13, 1999
Mary Rixmann
15311 Breezy Point Road
Prior Lake, MN 55372
John Bossardt
15329 Breezy Point Road
Prior Lake, MN 55372
RE: Administrative Plat and Variance Hearing
Dear Applicants:
Enclosed is a copy of the staff report for the October 18, 1999 City Council meeting. The
meeting begins at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road.
You or your representatives are expected to be there. If you are not there, the item may be
continued. Please let me know if you cannot attend so other arrangements can be made. If you
have any questions about the staff report or staff's recommendation, do not hesitate to call me at
447-9813.
Sincerely,
fit/ ~ ~
'---J .i:rovar
P anner
Cc: Suzanne Detlefsen, 440-6703 (fax)
F:\DEP1\PLANNING\99FILES\99ADPLA 1'\99-07 6\Agendaltr.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
September 29, 1999
Mary Rixmann
15311 Breezy Point Road
Prior Lake, MN 55372
John Bossardt
15329 Breezy Point Road
Prior Lake, MN 55372
RE: Administrative Plat and Variance Applications
Dear Applicants:
On September 22, 1999, the Planning Department received an application for an: Administrative
Subdivision with variances to Lot Area. The following information is necessary to process your
application:
1. Impervious surface of the existing lots and the proposed lots. Lot area and impervious
surface of the portion of Lot 17 to be conveyed.
As a matter of conveninece to you, we have tentatively scheduled your item to be heard by the
City Council on October 18, 1999. However, if the requested information is not received by
October 6th, 1999, your item will be continued into November.
Thank you for your prompt attention to this matter. If you have any questions, please contact me
at 447-4230.
,j fJOO1
Cc: Suzanne Detlefsen, via fax (612) 440-6703
F:\DEP1\PLAi'JNING\99FILES\99 ADPLA 1\99-07 6\INCOMPL T.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: Breezy Point Administrative Plat
An application for an Administrative subdivision to combine a
portion of Lot 17, with the rest of Lot 17, making it one lot
again, and to combine this Lot 17 with Lots 14 and 15. A
variance to lot area and impervious surface will be needed.
APPLICANT: Mary Rixmann and John Bossardt
CONTACT PERSON: Suzanne Detlefsen 440-6700
SITE INFORMATION
PIO#: 25-026-009-0 and 25-026-007-0
LOCATION: 15311 and 15329 Breezy Point Road
EXISTING ZONING: R-1 SD
DISTRIBUTE TO: I APPLICATION FOR: I
X Frank Boyles X Administrative Land Division
X Bret Woodson X Sue McDermott Comprehensive Plan Amend.
X Ralph Teschner Jeff Evens Conditional Use Permit
X Paul Hokeness Lani Leichty Home Occupation
X Bob Hutchins Verlyn Raaen Rezoning
X Don Rye X Doug Hartman Site Plan
X Jane Kansier Fire Chief Preliminary Plat
X Jenni Tovar Bill O'Rourke PUD
X DNR - Pat Lynch Minnegasco Final Plat
County Hwy. Dept. X Watershed Dist. X Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co.
Triax Cable Met. Council
Date Received 9-22-99 Date Distributed 9/29/99 Date Due 1 0/8/99
Complete Application Not Yet Date Distributed to 9/29/99 DRC Meeting 1 0/7/99
Date DRC
Publication Date 10/2/99 Tentative PC Date N/a Tentative CC 10/18/99
Date
60 Day Review Date Review Extension
f:\dept\planning\99files\99var\99-077\referral.doc
Page 1
I have reviewed the attached proposed request Breezy Point Administrative Subdivision
CASE FILES #99-076 and #99-077 for the following:
./ Water City Code Grading
./ Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads! Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation:
Approval
Denial
Conditional Approval
Comments:
/JQ
L<5~S
Signed:
~1vt;:D~'
Date:
ID /5' ICjq
I f
Please return any comments by October 8, 1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
f:\dept\planning\99files\99var\99-077\referral.doc
Page 2
~
''''-,...
I have reviewed the attached proposed request Breezy Point Administrative Subdivision
CASE FILES #99-076 and #99-077 for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation: / Approval
Denial
Conditional Approval
Comments:
Signed:
I'~~
Date:
413al~~i
Please return any comments by October 8, 1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
f:\dept\planning\99files\99var\99-077\referral.doc
Page 2
c
NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION
September 29, 1999
The Prior Lake Planning Department has received an application from Mary Rixmann and John
Bossardt to consider an Administrative Land Division for the property at:
15311 Breezy Point Road legally described as: the northerly 10.00 feet of Lot 11, all of Lots 12
and 13, Breezy Point Scott, County, MN, together with that part of Lot 17, of said plat lying
easterly of the southerly extension of the westerly line of said Lot 13; and
15329 Breezy Point Road legally described as: Lots 14 and 15, together with that part of Lot 17,
lying westerly of the southerly extension of the westerly line of Lot 13, Breezy Point, according.
to the recorded plat thereof, Scott County, MN
The proposal is to undivide Lot 17 creating one parcel and combine it with Lots 14 and 15,
Breezy Point. Variances are being requested. A variance to lot area is required and possibly a
variance to impervious surface will be necessary.
Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the City Manager or representative
to authorize subdivision approval without a public hearing under the following circumstances:
1. The division of the parcel will not result in more than three parcels.
2. The property to be subdivided is a lot of record in the office of the County Recorder of Scott
County.
3. The resulting parcels generally conform to the shape and area of existing or anticipated land
subdivisions in the surrounding areas.
4. The division will not cause any structure to be in violation of setbacks.
5. Any easements which may be required by the City must be granted.
6. The owners of the land contiguous to the parcel must be notified in writing, and no written
obiection received within ten davs followinf! notification.
7. Any written objection shall constitute an appeal. Such an objection shall be forwarded to
the City Council who shall hear the objection and decide the matter.
Please accept this as official notification of this proposed Administrative Plat. Written comments
or objections regarding this matter should be submitted to the Planning Department by October
8, 1999. Because variances are a part of the request, the City Council will consider this request
with variances on October 18, 1999. For more information, contact the Planning Department at
447-4230.
Prepared this 29th day of September, 1999, by:
Jenni Tovar, Planner
City of Prior Lake Planning Department
f: \dept\planning\99files\99adplat\99-076\99-07 6pn.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
- Cetvt of the City of Prior ~ of Scott, State of
Minnesota, being duly s ! ro, says on the ~ day of , 1999, she s. erved
~attached1istOf~~1atti~tthe .. . &,
.w.~ , II , by maIling to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last mown address of the parties.
o
Subscribed and sworn to be this
day of , 1999.
NOTARY PUBLIC
MAILAFFD.DOC
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Properties adjacent to 15322
and 15329 Breezy Poi nt Road
? 200 ~ Feet ~
PUBLIC HEARING
TO CONSIDER APPROVAL OF RESOLUTION 99-){)( DENYING
AN ADMINISTRATIVE SUBDIVISION AND VARIANCES FOR
MARY RIXMANN AND JOHN BOSSARDT ON PROPERTY LOCATED
AT 15311 AND 15329 BREEZY POINT ROAD.
***
October 18, 1999
~
PROPOSED LOT LINES.c'
ADM. LOT SUBDIVISION
PREPARED FOR:
MarY.~' Rixrnonn
;l15!Jf'Q.REEZ"f ';"P,.OIN1ii:R~P
JPIltIOR. LAKE ,:MN~.,:55372
Volley Surveying Co., P. A.
16670 FRANKLIN TRAIL S.E.
SUITE NO. 230
PR lOR LAKE, MN. 55372
TELE~HONE (612) 447-2570
~
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\~~
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\..Al<E
PRIOR
PRIOR
o
I
SCALE
29
IN
40
I
FEET
='
HO:J:~~;:!'._
\' ClAIlAO! '\
~~~.~
.~: I
19
\~\
PRIOR
LAKE
, ...,
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EXlSTINO PROPERTY DESCRIPTIONS:
PARCEL A:
Lots 14 and U. together with that pori of LoI 17. Iylnl westerly of lhe southerly
extension of the westerly line of Lot 13, Breezy Point, according to the m:orded pllll
thereof, SeotI County, MiD_*
Contalnins 13.680 sq. II. above elevation 904
~
PARCBL B:
s
The northerly 10.00 fent of Lot 11. all ortots 12 and 13. BRIeZ)' Point, SCOIl County.
Mlnneoola, logether with thaI part of LoI 17, of said pial lying OIsterly or the southerly
extension of the westerly line DC said Lot 13.
Contalnblgl',161sq. II. above elevation 904
PROPOSED PROPERTY DESCRIPTIONS:
PARCEL A:
Contaln/nl 15,276 sq. ft. above elevation 904
PARCEL B:
The northerly 10.00 fent of Lot II, all of lolt 12 and 13, Breezy Poinl, Scoll County,
MilUHlsoII.
I HIR!8V ce:ftTfFY THAT tHIS ADM. LOT 'UDD. w.,
PIt[PA"EO trf MI 0" UNOtA MY OJ"!CT Sl..PE"VIIIOH
AND 1l1AT 'AM A DULY LICINIIO \,ANO tUNVrVOR
UHO!" TH! LAWa ~~TZ o. """,nor.
-.Lz.~L:. ..."'.c:I!~-'~_
~T. -1:=1_:...1..1........__ LIt ...... NO. '0'13
Contaloins 13,'6' 811. ft. above elevalion 904
FILE NO. 8909 BK.224/83
/Iii
SEP 2 2 f999
'lor
EXISTING LOT LINES
ADM. LOT SUBDIVISION
PREPARED FOR:
MarY.:' Rixmann
Jl5al:f'sAEEZ'V ':P.OINli,.RQA.P
. ;PlitlGR. LAKE . ~MN!.,:55372
Valley Surveying Co., P.A.
16670 FRANKLIN TRAIL S.E.
SUITE NO. 230
PRIOR LAKE. MN. 55372
TELE('>HPNE (612) 447-2570
~
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~~
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pRIOR
PRIOR
\' (lA..... ~
1(.t,.~
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U V!Y
\~\
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29
IN
40
I
FEET
~?
HOUSE' ;;.
...I8.'S .."
;...~......-
PRIOR
LAKE
I '\
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EXISTING PROPERTY DBSCRIPTIONS:
PARCEL A:
Lob 14 and U, tol!<ther willi tIIIt pori of Lot 17, Iylnl westerly of tbe southerly
exten,lon of lIIe weoterly line of Lot 13, Breezy Poln~ occording to the recorded pill
lIIerenf, Scott County, Minnesota.
~
ContalninsI3.680 sq. II. obove .Ievation 904
PARCBLB:
9
The northerly 10.00 f'eet of Lot II, all ofLob 12 and 13, Breezy Point, ScoU Cotmty,
MiMellO'" 1000000er willi thaI port of LoI 17, of said plat Iylnl ..sterly of lIIe southerly
.......Ion of the westerly line of said Lot 13.
COIllairong 15,161 sq. ft. above .Ievation 904
PROPOSED PROPERTY bSSCRIPTIONS:
PARCEL A:
Lo\! 14 I' and 17 Dr P .
p 01 .reo.
Conlllnlnl 15,276 sq. ft. ebove elOVlt/on 904
PARCEL D:
t HIAUY C!RTlF'Y THAT tH18 ADM. lor sueo. WAS
PR[P""ED FIt MI 0" UNDER MY O'RICT SUPlRVISIOfrt
AND TtfAT I AM A au\..Y ,"-'CCN'ID \.AHDtutfVrVD"
UND!R TN! LAWS ~~TAr 01" f4fNN!!MA
J.'~~""'" . .~_
DATE J=:..1_=."'t1._~,_.__ l.lt E'UJI "NO. 10"13
Tho northerly 10.00 f'eet of Lot II, all of 101* 12 and 13, Dreezy Point. Scott County,
MlnnelOta.
Contaln;ns 13,~6~ sq. ft. obov. .Iovalion 9Q4
FILE NO. 8909 91<.224/83
,.</
D ffi@ffiOW[giD
SEP 2 2 1999 U)
~
ADM. LOT SUBDIVISION
PREPARED FOR:
Mary: Rixmann
:15~d 'E!;REEZY ',P.OINl';RQAD
;PRIOR, LAKIt ,:MN~.,:!55372
Valley Surveying Co.s P. A .
16670 FRANKLIN TRAIL S.E.
SUITE NO. 230
PRIOR LAKE, MN. 55372
TELEPHONE (612) 447-2570
~
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t~~
~ii~
h
\..AI<E
pRIOR
PRIOR
IN
40
I
FEET
90"
URV(V
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29
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.'
PR, 0 R
LAKE
, ...,
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EXISTING PROPERTY DBSCRIPTIONS:
PARCEL A:
Lois 14 and U, tosether with tIIIl plIrt of Lot 17, Iyin. westerly of lhe southerly
exlelllliOll of the westerly line of Lot 13, B.-y Point, occordlna to tho recorded plll
thereof, Scotl COUIlly, Mi-.
/
Containins 13,680 sq. II. above elevation 904
PARCEL B:
The nonberly 10.00 feet of Lot II, all of Lois 12 and 13, Breezy Point, ScoU County,
Minneoola, togethet with thai plIrt of Lot 17, of said plallyins eaoterly of the southerly
extension of 1he westerly line of said Lot 13.
COIllainill8 U,I61 sq. II. abovoeleva1ion 904
PROPOSED PROPERTY DESCRIPTIONS:
PARCEL A:
9
LoiS 14 IS and 17 Br P .
P al ereo.
Containin. I S,276 sq. ft. above elevation 904
PARCEL 8:
I HI"IIIV Cl'ftTIFY THAT THIS AOM. l.OT sueD. WAS
pftfPA"rD r!f( ME OR UNDER MY DI"ltT IUPf:RVII'OJrt
AND THAT' AM A DULY LICfNIIO I.ANO IUlWrvo"
UNOIR -JHI LAWa A4'1 tTL=_A
Jz.~t!::f: . -=:-"-_
OATE J.=:.t_=..~.2:~~,.__..__ 1.!CEtl8t NO. 10113
The oortherIy 10.00 filet of Lot I I, all of 1011 12 and 13, Breezy Poinl, Scotl County,
Mi_.
Contaioinsl3,'6S sq. ft. above elevatiOll904
FILE NO. 8909 8K.224/63
~i'i
r r ~~,~~-~.\--r~;-~/~~~. "~,;~~"r;'~-~-~:"~;"-;:':.::'- ..--:,~._---
!i iiJ LS G Ls Li \0!/ 15' iJ~\
I~~!~~-~ 8>> J~
PROPOSED LOT LINES.
ADM. LOT SUBOIVISION
PREPARED FOR:
Mary' Rixmann
'0311 BREEZY':P.OINT: ROAQ
.PAIOR. LAKE. 'MN'.:'~5312
Valley Surveying Co., P.A.
16670 FRANKLIN TRAIL s.E.
SUITE NO. 230
PRIOR LAKE. MN. 55372
TELEPHONE (612J 4041- 2570
~
I.Al<E
PRIOR
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pRiOR
, \ t-:J I'J:J \\
20 40
,
SCAlE 'En
".:~j
iill "I(
vfvi1--
PRIOR
LAKE
EXlSTINO PROPERTY DESCRlMlONS:
PARCEL II:
lnu ,I. and D. tol~thn .o1h !hat P'" of Lot 17, Irln, ""l:,lm1 of 11\41 ttlVthI!r'y
ulenll"" or lhe ..e!ltf1'lyliu of Lot 13, 8~ Point. ICOOl'lfinl14 Il'le m:onIeo.l pI"
tlIrll'ol'. Scon County, Mitl.-otL
ConlAlflin.U.UO ~ l\. aboY. clrvluon 91)4
rMCEl.O
1M ftf'l"Iherly 10.00 r"'l of 1m II, ,II of Lou 12 and 13, B~ Point, 3",," Covnly.
Mi,v_Il..'......,h" wil.h'''''tf''&l1o(u,1 17..ruidplulyi",.."e.lyofllwtollttw:Yly
1.\orMiOllo(thlI~\.nlyli...ornidl...I).
Ccmtlininal'.161 Jq.l\.ibo""'r.-W""904
PRormil:D PROrf.RTY bESCRJPTIOI'lS'
PAACEL^:
1."11 ,.. I.'""d 11 Dr , i
COl'llolnln,";7lSoq. ft..bov.eIC"01lIi....9l).t
'AIl.CELB'
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_1z'<'n..u;...ep.,.1.-<<-<>.""".o.,._..
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Tilt ncwt/I"ty 10.00 rfle! or lolli, .n or tll'l U aI'd 13, Dr~ Poinl, Seon ColInI)',
""nn,,,,,,,.
CO"l.Iinin.Il,~I\'''1 ^~,tIC"01l,;....QorJ'
'11..[ "'0. fll)')O
"
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EXISTING LOT LINES
ADM. LOT SUBDIVISION
PREPARED FOR;
Mary' Rixmonn
.10311 BREEZY':P.OINT. ROAD
.PRIOR .lAKE ,"MN": ~5372
Volley Surveying Co., PA.
16610 FRANKLIN TRAIL S.E.
SUITE NO. 230
PRIOR LAKE. MN. 55372
TELEPHONE 1(12) 447.2570
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pRIOR
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F.XlSTIN<I fROrfR.TY OESCAl1"T10"'S'
P~CE1.^'
loll ,. U>d U. Iolt.he-. willl. t41 rou1 of I",. 17. lyi"l "",'"11 o( lke _.lhc:rly
e'l.fn';on of 1M "'~fTly hili of Lol IJ, B,t'a)' Point, u,"",,1M1 to !he n"C....&.t pltl
tlmKlf, ~on COIInt)', MinnaQt..
c",'.Iin;",U,U0I4n.v--..lr-llillll9004
rAACI!I.D:
Thool\nn""rfy 10.00 r~ ofLo1II..U olLots 12 lAd l'. D~'1' Poi..., !!Ic:ol1 Co.....ty.
M,~1a. 1","11..,. .,.;lIIlhll r-rt of LoI 17, of ..i4 pllllyi"l .n~I'Y of the _lheYl)'
tllrll'lio"o(IhlI"'eI~r)'li,..orui4u"IJ
(:'e.>,.,ninlll'.16IJq.n..t.o'I,Ie>WQn9G4
PROPOSED PROPER. TY bESCRlP'rlONS
rMCELk
It>ll H, UJnd 17 Or Pi
r"IL"'t"O
Conu.in;Il,U.l76oq.tlal>o\oarln1luon0()4
P^iI.CELB
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Mln"'S(>~
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