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Home My WebLink About99-076 Admin Plat - Denied ~ Ovi \ ~ R;rvJ~1 Sv~a, C- ( AILi~~hn6 . 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 '=' ?He I:) &./A/C'A./,N ,p c> r PIA /2 $' /? f x A4A)C) ." o Conditional Use Permit c tl)pe~ of fl'14-(!$lf}r J..6T':? IF f* txI Variance I W ~ ~ -- () I ( Applicable Ordinance Section(s): o Other: Applicant(s): RJ/J~ y ftJ/'X#J-Jl-t<J M - XJC.,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. r\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 TOVAE4 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 10ts 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 10t is conforming with alllots under one PID 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 PID 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 10ts 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 10ts 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 10t 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 PIan. 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 10t aspects such as 10t width or 10t 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:\dept\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 1 ars.f1 \.01: -\ Lakefront Park o I 500 1000 Feet "'OR lAl<E 2110 j>.OO'1I w :r , .... RLS. 13 ~ N -...Ill. ""'. .. .. . ...V.AflC~ I ...!* ..... ..... ..) CIT\r,oF l'RIORLAKE ........ .... !'[)\lli@FsD\VJii .. , . ." '...., . ',Impervious Surface Calculations .' i ;~"Ir '. 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Company ~ iJ.\ \ e1... 2$ \J R'l: ~ 'I \~.J CQ )iA Phone #---1.\ 41- Z <710 ....'. .. I". .'. , -4 " '-.1 " .\Jr:\'rC.-~\- . ~:...B . . . .. ~C7-' ;: -:--, . ',' .... CITYOFPRIQRLAKE r:,.~0:..I'(2\~;'D~\~;)~'\"i' . ..... .", ".\:__ ..-..1 _~- I, .. .' ..,. . Impervi~us Surf.ace 'Calculations' ; i:C:C - "': .'.... i! 1-\', . . (To b, Submiiled with B~i1ding Pennlt Appll'''lon) , .! ; { I . OCT . 51900. . '1\\ II . " For All.Prope~ties Located in,the'Shoreland District (SD i'\\\ \. .... . .\Ub' " The MaxlmutnI~pervious Surface Coverage Permitted in 30 a~bm., '*' . .....). . . . .... .... ..... ~~; ~:~.j;;t1.~ &J:~~.~..~... ... ... .s.~.~ ~~\~ :.0::. :.:~'~;~,~'~'~'~. ~ ~ ;.~~::.....:.... . , '. '. ,LENGTH' . WU)TH" SQ.,FEET '. HOUSE. ", \ , '., ' 'i.. -~r . '. " . ATTACHED GARAGE ..' x .x x . ',' . ,", ..... '. ':', t>ETACBEI! BLOCS . . ' , , , . '. '(Oanige/Slled) ". ~ , , ,'" " '. ,', " , , . , 'I'6rALPlUNCIPL~ STRUCTURE..uo..~...........;.. .. . '~.L1 S\.Lj. :. x' '.' 'x.'. . ..' . . .' . "., TOTALDET ACHED DlJILDINGS.......;"......;".... . .. 6~\~~~~O;')5 .~~4..s' . '. '. . . ";DRIVEW i\YiP AY?PAREAS. , ..(Drive,vay~paved..orhot)/... ..; :'(Slde~al0ParkiniAteas)' , , '., " , ,-, '!, '," ", ' '.. " -', .= '" 'x:." =" . I" " . " . ,': "::, , . ,.,,; .,.' ...', ,. '. ,. TOT ALPA VED AREAS"...~.;..~....:..............;.;........ ;;;,' .,': ,,';.'> " :4~t.L. . '" " . : ..'pA TIO'SIPORCHES/PEqKS"" .. . (Open ,?ecks,~"il\in; opeiliii,g between. '.. boards, wllhil pervloussu'rfa,ce below, ' at~ 110t consld7ted to. bohl1perVloli~)... '~f. . . . .: -,', , x..,. x.' ''X . , . , " OTH~R '<tC:l~~~4'.' . " ,'~~'"S. '., ':1'OT A.LDECKS. ....... .~.;....~...:......: :... ................~';..;..... . x' = . ',:. " :,.'.!.' .' ;' ::.' '. X' == " .~ ,;, .: j,/- , ';.',,', "It, , ' '.:" TOT At bTHER..~.j;;"...~~..;;.;~.j";;;."...~.~..."...,,........ . '. ' ..TO'l'ALIMPERVIOUS SURFA.CE L4SU';,ol ... i~~\\~i .. > [ \';I:U,.. pr~par~~lty ~ lJ~ \>12- :~ . .... . .. JJate \ b-l- "'\ cf .., ,Co~panY~()'\\~~.. 2S\l~~~ (Q,)H! PhO~e #-H~1- Z'710 \l,,~ ---'. .. . ~: i' _': . .. <I .' . tJF\r~\ ~"" ""'. . . CIT\rOF PRIOR LAKE : ..,...,. .~.:~:'~... .. .... . '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 .. ~~;?i::..~.. .\~~lf. L.... .......~;..~~~t..; J.O::. :.;;,;;~.;,;:;,;. ~;;:;~~.~~~.... , ' ,~ '. . ".LENGTH . WIDTH :SQ. ,FEET '. HOUSE ... '.' \; .' .,,:\ . '. ,.'A TT ACHED OARAGE . . ,'. . '. . ." . '", " .: ' 'x =' .. . . , .x x ""'," ' ". . .~ . ,. '. . . '. . . .. . T6tALPRINCIPt~, STRUCTURE..:....:.....uo;.......2.'1.4~, ';' PETACHEq BLOOS .' . " ." ,.-(Oarage/S~ed) i..., .' x ~"- , TOTAL DET ACHErrnUILDINGS..;....;......:......;. . . "6"~' ~. . - -f> ' '." '_, "',' '. .' .'. .,\. . . ~\ ~~....~ " .t~"S. , ,'DRIVEWAYIFAVEDAREAS,. . - . , . , . . (Dri~~~fay.p~~e~(jr not) '. .:(Sldewalk/Park}ng.Atcas) . '. x , .... X .= =". .... . - ", '",," " ."-. '. . '. ",- . '., \. "'.TOT AL PAVED AREAS.....~.;........~...;....-.......It.......... ....~fi9S~~jftni~~Ks x ....~.. . . " "" '" " ". ,- ....,;'. . '. .' '.' .: . ' . (Open Decks. \1\" inln; openillg bCIWeerl ' , . . boards,\vlthil :pervioussu'rf~cebeloW; , , '.:' ,'.arenot considered to. b~ hl1perVious) . x;~;- \l\~3 .... x .' "-.- 'X . . " " " , '.= . " " ",-' . '-' .. .. . '.' ; : . ','. : .;TOT AL" D ECl<S... ,.....i....... ,. '......-;..;....;....;.........:;........ . .', \So'4 '... . :-QTl-l:E~ ,'. . :'-.' .. .. X :..' X = . '::'1:.. ."';'" '" . ".:" .:; . ....t.1 " '.. " TOTAL OTHER...;.;..;..;......;;....~...;i.........;.................. . , . . . ", ..TOTA,.I/tMPERVIOIJS. SURFACE. ..... I.. <5 ~e,<t ~~El~~fs'*g.i . I p':epa;ed.I!y\j~~t:..-';.IP>A' /< .... .. ....' .... .. · Date . \ b . .., 1- q'J '.. . ...company.\J~\\~~..........~..~.~~'~~Q.)1i[...p~one #_~ 41-.Z '71Q I .\ \Ol.2.. I. ..::' . '\ , ': ." 'h>.... . '. . . :' .....'.:. CIT\r,'OF J?RIOR:LAKB . .... . . .' _ .. .... . ............... ...ImpefviotisSuffaceqalculations.... . '~!.,\ ,:. . . ,(To be Submitted with Building Pennit Application) . '" ". .d n~ r-~--"----: ". . . . .. . '. .'. : FO:Al1:,Prop.~.~i~sLocatediri.theShore.IandI?istri~t (8D),::(\"J 1. \gq().. . . . .,... The M~~l1lUl'Hl~pervlous Surface Coverage PennItted In 30per~entSC.. ....Prop.ertYAdclreS~\'5~~"I%~~~~l~~1<oA.~ .. (~~'::~~n ' , :, . ..". ..:.,'..:.:.,.l, . . '. >:. ',' . .'. . .-:. .. ....: .: . Lot Area, '. \~' \ S ~<s.' '. Sq. Feet x 30~ = :.............. L\ () \D~ .'s '.' . ,*******************~****************************************************. ...rf+r~e:l~. B .: HonSE. .t. . "~' . ,', .~, . - .' .' , , , . ",'ATTACHED GARAGE LENGTH . WIDTH .' SQ. ,FEET :, . ". ,x..' .X X." . " ,- ',.' :",' QETACHE,I? BLPCS , . , . ,.'(Garage/S~(ld) '. . , . - . . . . l'()rALPRINCIPL~,STR UCTURE.......;.....uo;..... .' "'2.'-\-41 :. x .' . x.. '. " . . '. . ", . . . . .. . . TOTAL DE! ACHItDDUILDINGS..;.................... . ...,~..:8.~~~\~~;.::.~q,:s ". ' DRIVE\\, A Y IPA VEn AREAS, , x . :. " (Driv'nvay~paVed"or not}/...... ,.($ldew~lklPar:~,friAteas) '. . === '..X' 'X:,' . ='" . . ... ... .., T(Yr AI,P A VED Aiu;;AS....,;........:::..;..~,;..:.. ........". ~ . c.~"t.~~:~~ . .' ....... J.. . . >:.. . PATIOSIPORCHES/DECKS . "X, .':f/i. . .' .X .-. ".~ "X'. . '= . .- ., . , . ,T orAL:' t> E CKS,., ,..... .;',;.. ,,;,', ~. ...:;..,... .-;.,..:, :....... ~.;........ . ',. , . ., .." '..:\<Q~2' : OTHER .'., X' x III . '.' . . ';:~' : 'j"': . ,"\ :;= '. . ','".. '. "i."" , .'. '. . . TOTAL OTI;IER..-;.;;.;.;...'.~........;..i;;.........;.................. TOTALIM.l>ERVIC)US SUIU?ACE . [ "\\~'? .......vNIlE~ . ...... ...... ~. . ..... . . .. ... . . I to3,':2 prepared'~~l.S)~~~l^" ....... . DatU b - \ - <t <t . Company \J jJ,~ e~ . ~ I.l R~ \5 CO;)tM: Phone #--':\ 41- Z. '710 1. .... . '-'. . ". :., .. .1....:-:-. .. ," " -!', , '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 Leg10n'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 ~ \.AI<E \~\ il pRiOR \.",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 1....111:1'1' CIIITIl"I' THAT 1J.ll. ADM. ".fIUIo.WA, !'RIP...1I10 fit MI 01'1 lIHOtlt MY DIIIICT IlM'lIlVIIIOH MOTIf"T lolM A 0u\.'1 "letHIID V.IftI__rvOIl ......~LAW.M I~~::-= 2 " '''- (14ft - - ._.__ "It t..... MO. lOin fiLl NO. 8809 81(.124/U .1 ~r~~::l :-__-..____. ,_ - I ",7~ r;:::. ~"::;' Q.::! 0 '~i . ':<' r-::,,\,, i . 1",,\1'::1 2 V Ie' li\' . :;: \ ' ) L::\ .:l 1.__,) l,' : I : )}r -"I'! I · !i 11(' !: I . \~~l ref - 8. i@~ &/t?f'f' ':~~'"," .. i._~ r" r'" N ~ ,~ ~ - :::r-- ~ f ~---2 ~ ~ ; 'L' b ~ r ~t I i ~ l-~ It.~ i"~ ~ ) ~~ f: ~ l ~ ~:\~ ~~~ ii' ~ ~ .~ ~ ~~ ~ ~ ~ t, i t ~~ Q" <<:I.. ~ I \-....... h.. ~'" ~ '" ~ .t! ~ ~ l: '", It "'i i\ >\ u~:>..:;, } h; "" I'! ~l~~~r- !fL 1 . t~~~ "..~ ~ ~~ ~ ... ~ t ~~~ ~~ ~ ~t :~ -t~ ~t~~~t r .~~~~:~~W~~~~~~~~~,~, t\~~ ~~~ ....S ~B"~ S~ ~ ~....~~\~ r .. ~ ~~~~ ~~~~~~~~~t~~~~~'--~~~. t.~~ ~~ ~i-'~ _y~'l I ~.~ '" ~elJ,. \ii ~ f ~ 'i} ::tc i\- "" ':<, ~ ~~ " .... ~ ...~, -.....'c.... ....v, ~ "~ ~ ..,< ~ (J) ~ I i,. ~ "" ~.f')' r' ~" ,." ~"', ~ ~ ~~ ~'"',,\ ~ r' ~"- ~~ ~'"t- t-- ~ ~ .... ~~,~ ~~%- .. ~ r f~~ ;.': ~ ~ .......~-S.~ ~ l "";;. ~ ~ .. -It. ~'-~ fl\ .......~ ~.$t~ ~ t ~;<~~.~, ~. 1>. ~.~ <'\ S\~:::. ~ .... ... ~ " ~ ... ,~~~ Il~-"'~ --r,\ J ~,~,ii'" ~~.. ~ .!n~~~,~"~"'-~ ~:t...:t...~~~~ ~~~ '-'IA l_ ~s. ,." \ ~~~ I . ~ ~"~~~~ ~5""~ t'" "-9,<" :s ~:::. & ~ ~ ~,t'4 r ~ ~t ,~", "i-~ \J ~i' a <a~~~ ~.~~ ~ t~t~ t::~~ ~t; ~~.?i ,L ~ , ~~ t -<. ;: ..... ,,~ .,.t~'" ~ tj; 0 :)'~ \.~ ,~~ ~ i:~ ~ ... ~ ~ ..... ~,...,~ I" ~ ~ ~ 1& -n ... ~! 1. ,~ :' "': ~~ I,~: x!! ~ ~1l ;'" :i....~"'~~ ~ ~.. t~f~ s ~ ~~olr ~t ~ ~ ~ ~ tf~ :,.~~ r,~ r Ft~ll,! ~t ~ ~~t~ If t . t.it-~ l~~f I~r . ~~'t~~ . ~ ""..., a ~-'i I i\- ......~ 'l- ~,,1Ili -.~".. ,,1"\ ~~ 'k'i ! -... ..~ ~,' ~;!~ ~.~~ /. I.~ ~~ t~ ~ ~~~t -i" 5f. ~~ t~~ L;\, r ~ t r.J'<r 41. ft~ f.", t l! ~! l~,; t !; n ll'~i .,!r r ~ 1ft R ,1 .t.., .. Q.. It L t- !: l._~ _ ~ ~~. ~ ,~, f li H J. ~ .. \: 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 ~~:~a~y~ame ~ 7 ~id~ From ~ Date ~c..c..~ ""0 Fax number _~/-?_-: ~-- t./- ~ '/.'5"' / /.? / ? ? _~~...a.~ ______'j H"'_ .Offlceiocation----'- -, , /"~0 ? ~ -'~"-"~~-'"'''''''--''' .... ......... ..j Phone number ! _~!__?: -~O -tp7tr(j _--.-J 'Offlce location "'"'.': U Urgent o Reply ASAP o Please comment 0 Please r@view o For your information Total pages. including cover. J-- COMMENTS yud,~h~~~,~-L?~~.~'~;~ 4a.r /10, ~~nL~./cdy, >.ioJUUHH'#~ ;/fI7U'1J'?~C-!!-:~ ~ (J-C/U2/' ,~~/{.,~ ;' O'~'H~'Z, .H.~~ C&~u!d. ,..ut:,1u- Ju<:-~<-dt/J~P ? ~'<fIUL.t --4?'H(;~YL<-nr ~Y'C~l... dt)H-j2~<.. ~J- .A;..r',7t-ru."".:~L,.',. dr~~{ ~~(,C';[r~k JI-~~. J . ....~~4i~,~ 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.UllIIC, 011 October 20, 11)1)') I convc.rsed on the Ielephonc with Valley Sur'\'c)' ill regards to the City of Prior Lakc denying Rixmans the variance 101 split on Lot 17 Brcez)' Point. They indicated the unllkelincss of the City being approached with any olher requests of this nature based 011 Ihe Imld lopography. The fact that Ihe 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 consideralion in evaluating this unusuullol. II1lIve also spokcnto Lindu Thcilb:1T who originally aquired Ih:lt split of 17 in 1<)'>2, She can 110t underslilnd Ihe Cites' reluctance 10 approve it at this time. She is aware that Lot 17 is a hardship for .Iohn Bossardt due to the fact thai he is traveling so much in his business, She also explained that if the Rixmans can receive approval there will be an improvcmcnt to the parking situation and only beller the quail I)' 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 .......- .----=:~~ DATE: 10 - ;X;'-7(J @# 4 LJO-(y ]03 @# @# To: 5LJZ a, hl'VL NUMBER OF PAGES: FROM:,- ~y,nM - 7 TovJtr~ . (including cover) FAX No.: 447-4245 Notes From The Sender: ~"S tN- info YI!1;Jt..Sfd. --rJrvvYC uJqe,. YJO JCI.-/ltvrJCf/J cryI ~~~[~i-s f(r,d-. PLEASE CALL ~~ ALL PAGES. AT ~~1-9%J5 LL 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 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, although 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\redaakcc.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 Y-J Jc) LeOn l'itV7Cj aaual.l. & UIIII8 M. Thll.III' P.01 I' ,. F.x(612)40~~697 Home PhUI\G (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 fetaining lot 17. We happened to mention it to Wa)'l1e and Mary Rixmann. OUf 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. '::;:'] 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'. staadards. 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 tbe 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 time. 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 lmow 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 afthe City afPriar ~ afScatt, State af Minnesota, being duly s ! m, says on the ~ day of , 1999, she s, erved ~attached1istaf~~T.atti~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. 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"'0 "'0 "'0 "'0 "'0 "'0 "'0 "'0 "'0 0 0 0 0 0 0 0 0 0 z z z z z z z z Z -t -t -t -t -t -t -t -t -t "'0 "'0 "'0 "'0 "'0 "'0 "'0 "'0 "'0 ~ ~ ~ ~ ~ ~ ~ ~ ~ r:., r:., r:., r:., r:., r:., r:., I r:., I\) 01 01 01 01 g: 01 g: g: 01 0 0 0 0 0 0 I\) I\) I\) I\) I\) I\) I\) I\) I\) Ol Ol Ol Ol Ol Ol Ol Ol Ol "'0 OJ OJ OJ OJ OJ OJ OJ OJ OJ :;0 :;0 :;0 :;0 :;0 :;0 :;0 :;0 :;0 :;0 "'0 m m m m m m m m m ~ m m m m m m m m m ~ N ~ N ~ ~ ~ ~ N -< -< -< "'0 "'0 "'0 "'0 "'0 "'0 "'0 "'0 "'0 (C) 0 0 0 Q 0 0 0 0 0 i\3 Z Z Z z Z Z Z Z Z (C) -t -t -t -t -t -t -t -t -t -- (C) (C) "'0 .... .... .... .... .... .... .... .... :;0 I\) "'" I\) I\) "'" I\) "'" Ol r- ~ 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,r. 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 ~ \..A~E \~~ w.~ \..-Al<E PRIOR PRIOR o I SCALE 29 IN 40 I FEET =' HO:J:~~;:!'._ \' ClAIlAO! '\ ~~~,~ .~: I 19 \~\ PRIOR LAKE , ..., ~ ... J EXlSTINO PROPERTY DESCRIPTIONS: PARCEL A: Lots 14 and U. together with thai pori of LoI 17. Iyln. westerly of lhe southerly extension of the westerly line of Lot 13, Breezy Point, according to the m:orded pllll thereof, SeotI County, Min_,*- Contalnins 13.680 sq. II. above elevation 904 ~ PARCBL B: s The northerly 10.00 feel of Lot 11. all ortots 12 and 13. BRIeZ)' Point, SCOIl County. Mlnneoola, logether with thaI part of LoI 17, of said pial lying OImrly or the southerly extension of the westerly line or said Lot 13. Contalnblgl',161sq. II. above elevation 904 PROPOSED PROPERTY DESCRIPTIONS: PARCEL A: Contaln/n. 15,276 sq, It, above elevation 904 PARCEL B: The northerly 10.00 fceI 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. J:=1_:.,.I..1.,.....___ LIe ...... NO. '0'13 Contaloins 13,'6' 811, 1\, above clevalion 904 FILE NO. 8909 BK,224/83 /Iii SEP 2 2 f999 '1-r 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 ~ \.. AI< E "~~ ~;r ~~ \..AI<E pRIOR PRIOR \' (lA..... ~ 1(.t,,~ .~: I ----'n."" ".~!{:~~~'~\~1 U V!Y \~\ o I ~CALE 29 IN 40 I FEET ~? HOUSE' ;;. ...I8.'S .." ;...~......- PRIOR LAKE , '\ \ ,J EXISTING PROPERTY DBSCRIPTIONS: PARCEL A: Lob 14 and U, tol!<ther willi tIIII pori of Lot 17. Iylnl westerly of tbe southerly exten,lon of the weoterly line of Lo, 13. Breezy Poln~ occording to the recorded pill lIIerenf, Scott County. Minnesota. ~ ContalninsI3.680 sq. II. lIbove .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 ..rterly or the southerly .......100 of the westerly line of said Lot 13. COIllairong 15,161 sq. ft. above .Ievation 904 PROPOSED PROPERTY bESCRlPTIONS: 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.lIbov. .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 ~ \.. AI< E t~~ ~ii~ h \..AI<E pRIOR PRIOR IN 40 I FEET 90" URV(V \~\ o I SCALE 29 L:J- ~~ ....~. . " PR, 0 R LAKE , ..., ~ ... J EXISTING PROPERTY DBSCRIPTIONS: PARCEL A: Lois 14 and U, tosether with tIIIl plIrt of Lot 17, Iyin. westerly of the southerly exlellllion of the westerly line of Lot 13, B.-y PoiD/, 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 orLots 12 and 13, Bl'tIeZY Point, ScoU County, Minneoola, together with that plIrt or Lot 17, of said plltlyins easterly or the southerly extension of 1he westerly line of said Lot 13. COIl,"inill8 U,I61 sq. II. abovoeleva1ion 904 PROPOSED PROPERTY DESCRIPTIONS: PARCEL A: 9 LoiS 14 IS and 17 Br P , P "' ereo, Contalnin. I S,276 sq. ft. above elevatiOll904 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 -rl LAWI A4'1 tTL=_A Jz.~t!::f: . -=:-"-_ OATE J.=:.t_=..~.2:~~,.__..__ 1.!CEtl8t NO. 10113 The oortherIy 10.00 II>eI of Lot I I, all of 1011 12 and 13, Bl'tIeZY Point, Scotl Counly, 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 10311 BREEZ'f"."P.OINT: ROAD .PAIOR. LAKE. 'MN'.: ~5312 Valley Surveying Co" P.A. 16670 FRANKLIN TRAIL s.E. SUITE NO. 230 PRIOR LAKE. MN. 55312 TELEPHONE (612) 4.q1-2570 ~ \..Al<E .~i L :~~ \..Al<E PRIOR pRiOR , \ t-:J I'J:J \\ \ 20 40 , SCAlE rUT ".\-=-j ~l tifvi1-- PRIOR LAKE EXlSTINO PROPE.RTY DESCRlMlONS: PARCEL II: Lnu 14 and D. WI!W, ..,Ih that port of Lot 17, 1,ln, ""l:,lmy of t~ tovth\!rly utenll,," of the ..e!It",y lin. of Lot 13, 8~ Point, I.l:'OOl'lfinl14 Il'le m:onIeo.l pI" tII.If()[.s.:onCounly.Mitl~ CoIIlAlnin.IJ.UO'1l\.&boYotlrvluon9().4 rMCEl.D 1M IW'l"Iherly 10.00 r"'l of 1m II, ,II of Lou 12 arid 13, Brnry Point, :!con Covnly. M'in_u... ,......,,," willi 1M! f"&I1 of lnl 17, of Mid pili l)'in, "!le"r ,rthe to\Ottw:Yly 'olorMionofthll"",,tnlyliMOfnidlCllU. Ccmt.inin81'.'61"t.n.ibo"'llr.-t.ti""~ PRorOSED pIl.Orf.R.TY bESCRJrrlOI'lS' PAACEL^: tilt) ,.. I.' OUld 11 Dr , i (O""llnln, U.J76oq. ft..t>ov,elrollli"f19Q.t PARCEL B' ~:lt:.[~~Y" ~~:r;..r':':f';:"~y~~::'r~~T,~::"t~'::' AI.~ ,,,., ,... " OUI.r ll((...tO l""O tvO'YIYO. UOoOt"l '''' l_'.>>'. '.U'} ", ......"0.. _1z'<"rc.dL;,.,e:f."1.-<<--r>.."..,.o",_,, ""'I -1=.1.:.7...... ...._ ...{""~ "'" '0'.1 Tilt lI{W'I~"ty 10,00 rflelorLot 1I,.Uorlo'IU aI'd I), DrfCTyPoinl, Sron Cwnly, "'lIln,,,,,,,. CO"!.Iininl \},~'" "I ft aOO\IlItl......,j"" 01). '11..[ "'0. ".,.,q " mts:;~:j~ EXISTING LOT LINES ADM. LOT SUBDIVISION PREPARED FOR: Mary' Rixmann .10311 BREEZY':P.OINT. ROAD .PRIOR .LAKE ,"MN',' ~5372 Valley Surveying Co,. PA. 16670 FRANKLIN TRAIL S.E. SUITE NO. 230 PRIOR LAKE. MN. 55372 TELEPHONE (fiI2) 447.2570 ~ \.A"E: pRIOR \.AI<E: pRiOR 1:)"\\ .~ " .......".,~ 29 ..0 I 'HT to, y u..~ '\ .~..:~ PRIOR LAKE "~\ \ ! ~/'\ ,-. :,1 " ;'\\-,iI'C oll";i, F.XlSTINO rROrERTY OESCR.l1"T10NS' PARCEL ^" loll " U>d IS. to,~,M. witll. t41 rou1 of I",. 17. lyi"l ...~,l"ly o( lke !lI>I'l~rl, e.I.t,,'ion of It.t "~fT1y Iill~ or Lol IJ, 8.t'a)' Point, UCIOfoMIlQ !.he n"C....d<ed pltl tlmKlf,:'i.conCOIlnty,Mit'lMSOt.. c."..'.Iin;".IJ.UOI4n."""..tlro<,IiIl"~ rAACl!l.D TJo,.o .....n""lf)' 10.00 r~ orl..a1II.11l oflou 12 GAd l'. D~'1' Poi.." ~~" Co.....ty. M,~1a. .","11... "';11I .lwIt r-rt of Lot 17, or..i4 pllllyi"l .!t~I'Y or the _lheYl, fllf"ll'lio"o(the"'eI~r)'li,..orui4lo1IJ. (:"al,.,ninlll'.16IJq.n.t.o'o,Ie>WQn904 PROPOSED PROPER. TY bESCRlP'rlONS PMCELk IMl H, UJndl7 Dr Pi f'IIL"'t"O C(lnu.inj".,,;"~. tI.lr--lrl@"nuon0()4 P^?,CELB , ""'f" ~(II""" to"" "~I .eo- ~or tullO. ..., '''!I'IHD''''''IO''VO<Ilt.''''''"U'''-'''IIYlt'C"'< .....0"".. ...... D\l~' \'~I"UO ~."O'_I'O' "'tOIl '''I ~, ~'" tr..} ~ "'_'.0'" ;;~~r;t;~f.~4~~~'~:~-~70~;-' Th ....nhtl'ly 10.00 rMo(l.oIll, all 0(/"1.12 a1>d 1),0''""1 ;>0"11, Sc.oll U1u.nfy, Mlnrt<ls(>~ COllWn,,,,U,.\fl''Iq ^ 1Ibcno.t1r""i"",9O<II 'II.! 1m ft90Q 11I11 214,eJ .; ~rs~~~:J~1 . v~ 7'. I~~ !~ ~ 'I........ ;: ~ 3 ,~ ;:, '1- , ;,,"'\ '" ~ ,~ I"'~ I::: l~'- .-- ~ I~ ~ I;: o - ~, ".~~ ./... oil: ,;., ,...,., i' ,~ ,. \;> -.... -~ .. "--- ~.~ ,<,t)- '<. ~\ c:.:-~ ~'v ~} '...- ~~- ~.. ~r !tt ~":) ~" ::.,~ :.\ ~ 6)'------ " - ~ \0. ".1 ~ : ~ ;" i': ~ S I:~ ~ t--~;:z. If fk! "1/ - ' '?e ~~ Je :\ ~;~~~,I ~ --I, II"' ! -..,t , : I ;'\:~ r t\~ 1 ~ . . '- - if f i !M " ~~ i s;:\~ ~ ~ ~~ ,. t \. 1 ~ ~:w ~. t~ ~ ., - j t ~ r t ~ ~ ~~ ~ " ~ ~~ R: i-.. 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