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HomeMy WebLinkAboutAugust 13, 2001 REGULAR PLANNING COMMISSION AGENDA MONDAY, AUGUST 13,2001 Fire Station - City Council Chambers 6:30 p.m. 1. .. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Public Hearings: A. Case Files #01,-039 and #01-040 (Continued) Consider an application for a preliminary plat to be known as McCormick Acres and to consider vaqances to the minimum lot area for three of the proposed lots for the property located on the south side of 170th Street, North of Highway 13 and east of Pheasant Meadows. B. Case File #01-058 Consider an Amendment to Sections 1101.1000 (D~finition of Elderly Housing), 1106A.200 (Definition of Congregate Care), 1108.5b6 and 1108.704 (The number of votes required to adopt an ordinance), 1112.200 (The definition ofan Official Map) 1101.503 (1,6 & 7) (Allowable encroachments into a side yard) 1104.308(2) (allowable encroachments into the lake setback) 1107.1801(1) (The Lighting Standards) and 1107.2106(5) (Certification of Compliance with the Tree Preservation requirements) of the Zoning Ordinance. 5. Old Business: 6. New Business: A. Case File #01-057 Larry Nickelson is requesting the vacation of a portion of the Ridgemont Avenue right-of-way adjacent to the property located at 15543 Ridgemont Avenue. 7. Announcements and Correspondence: 8. Adjournment: L:IOI fileslOI plancommlO I pcagendaIAG081301.00C 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES MONDAY, JULY 23, 2001 1. Call to Order: Chairman Vonhofcalled the July 23, 2001, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and Vonhof, Planning Coordinator Jane Kansier, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Stamson Vonhof Present Present Present Present Present 3. Approval of Minutes: The Minutes from the July 9, 2001, Planning Commission meeting were approved as presented. i Commissioner V onhof read the Public Hearing Statement and opened the meeting. 4. Public Hearings: , . . . A. Case File #01-017 - (continued) Mark Crouse is requesting v~riances for impervious surface and the ordinary high water mark for the construction of a deck on the property located at 15507 Calmut Avenue. Zoning Administrator Steve Horsman presented the Planning Report dated July 23,2001, on file in the office of the Planning Department. On July 3, 2001, the Planning Department received a request from the applicant to continue the public hearing for the impervious surface variance request from the scheduled date of July 9, to July 23,2001. The applicant submitted the postponement request due to the lack of time needed to provide the additional information. Since the time of the report, new information has come to light with the ~pplicant acquiring partial railroad right-of-way, which could be used as area for the impervious surface calculations. ' The staff still recommended the Planning Commission deny the applicant's suggested proposal of 45% impervious surface area as the applicant did not meet the hardship L:\O I files\O I plancomm\O I pcminutes\MN07230 I.doc 1 Planning Commission Minutes July 23, 2001 criteria, and require the property to meet an impervious surface area the Planning Commission deems appropriate under the circumstances. Stamson: Questioned staff on doing research on the earlier variance stating specifically that the impervious surface could not exceed 30%. What would happen if the Commission granted a larger variance? Horsman and Kansier explained they were different issues. The previous variances were for building and front yard setbacks. Comments from the public: Applicant Mark Crouse, 15507 Calmut Avenue NE, explained he met with Ron Swanson from Valley Survey, developer Dean Morlock of the original Windsong Association and realtor Bud Waund regarding this matter. With the new information ofthe additional land, new calculations will have to be done. An attorney or title company will have to confirm title to the property. Crouse is going to do more research on the ownership of the property . V onhof stated the Commission would like to continue the matter until all facts were presented. Crouse went on to explain the Windsong development js willing to consider selling the property directly across the street from his property, 'Vhich would help with his . impervious surface issue. - V onhof pointed out neighboring properties have had &imilar impervious surface issues. Criego felt the percentage of acquired property would ~till be above the impervious surface regulation. It would still be a serious problem. Horsman stated a title opinion and a revised survey would clarify the ownership of the property. Stamson questioned ifthe additional property would include the street as impervious surface. Kansier said the City has not had any or many situations like this. V onhof said the neighboring property did not include the street in the calculations. Because this property was a vacated railroad right-of-way, there were other problems. Criego questioned if the impervious surface was added to the home after the variances were granted and without a permit. Crouse said they were. He added the driveway in 1996 or 1997, which went over the 30%. The lakeside slab was added afterward. Crouse also stated he was not aware a permit was needed. T~e contractor said he did not need any permits. Crouse said he filed an appeal on the deck decision. Lemke questioned Crouse on how much time he would need to continue the matter. Crouse said he would check with his mortgage company to get a legal opinion. Lemke L:\O I files\O I plancomm\OI pcminutes\MN07230 I.doc 2 Planning Commission Minutes July 23. 2001 questioned the timeline in obtaining the property from Windsong. Crouse said he would push for that. Kansier pointed out Windsong is a Planned Unit Development and transferring property will cause a number of other issues. In terms of this particular site without the additional property, the next planning commission meeting is August 13,2001. V onhof suggested moving it to the August 27, 2001, meeting. Kansier stated staff would need the applicant's information by August 17. Comments from the Commissioners: Lemke: . No comments until the next meeting. Criego: . Concerned the reque~t for impervious surface is 57.5%. This matter has gone on for several months. Each time it is reviewed there is new information. With the new information did not see it getting down to 30%. . Have no problem delaying to the next meeting. Somehow the applicant needs to know what to look for. Time and money is being added to'the effort. . There needs to be more direction. Realizes there is no solid data. Stamson: . Concurred with the Commission regarding the delay. There needs to be some direction. . Pessimistic the applicant will meet the requirements. . Staff detailed how to get meet the requirements, given the !lew information. It looks possible he could get to the 30% impervious surface. . Applicant should research his options. Atwood: . Agreed. But it is hard to pick a target number without knowing what the new figures will be. . Continue for more information. V onhof: . Agreed with Stamsoh, there are no accurate figures. A new survey will have to be done and the facts spelled out. . Regarding lakeshore areas and riparian lots - felt very strongly in retaining a 30% impervious surface. . There is a possibility of a solution. Continue to August 27, 2001. Criego: . 30% impervious surface is the goal. L:\O I files\Ol plancomm\O I pcminutes\MN07230 I.doc 3 Planning Commission Minutes July 23. 2001 · If in fact, the railroad right-of-way does belong to the applicant~ does the street get calculated or not? Does the Planning Department feel comfortable in saying the area is a public right-of-way? There should be clear direction. MOTION BY LEMKE, SECOND BY STAMSON, TO CONTINUE THE MATTER TO THE AUGUST 27, 2001, MEETING. Vote taken indicated ayes by all. MOTION CARRIED. 5. Old Business: None 6. New Business: A. Case File #01-055 Eagle Creek Development is requesting a vacation to a drainage and utility easement located over the former Holly Court right-of-way located on Lot 2, Block 1, Creekside Estates. Planning Coordinator Jane Kansier presented the Plaiming Report dated July 23,2001 on file in the office of the Planning Department. ' Eagle Creek Development has filed an application to~vacate the drainage and utility easement located over the former Holly Court right-:<Jf-way located on Lot 2, Block 1, Creekside Estates. The applicant is in the process or-developing this site with a 24-unit senior apartment building. Upon review ofthe building permit plans, a deck not shown on the approved site plan will encroach into the existing easement. There is no need for the retention ofthe entire ease~knt. A standard 10' wide drainage and utility easement will be retained along the perimeter lot lines. The Planning staff recommended approval ofthis request subject to the condition the applicant deed the necessary 10' wide drainage and utility easement along the perimeter of the lot line to the City prior to the recording of the resolution vacating this easement. Criego questioned the need for the property owner to. vacate. Kansier explained the deck encroachment. Comments from the Commissioners: Criego: . No problem with the request. Stamson: ; · Staff spelled out the situation. Supported the request. Atwood, Lemke and V onhof: . Agreed L:\O I files\O I plancomm\O I pcminutes\MN07230 I.doc 4 Planning Commission Minutes July 23, 2001 MOTION BY ATWOOD, SECOND BY CRIEGO, TO RECOMMEND CITY COUNCIL APPROVE THE PROPOSED VACATION OF EASEMENTS WITH STAFF'S CONDITION. Vote taken indicated ayes by all. MOTION CARRIED. This matter will go before the City Council on August 6, 2001. B. Case File #01-038 Charles Boissiere is requesting a vacation of 30 feet of the Ashland Road (Eau Claire Trail) right-of-way adjacent to the east side of Lot 4, Grainwood. (4120 Eau Claire Trail) . Planning Coordinator Jane Kansier presented the Planning Report dated July 23, 2001 on file in the office of the Planning Department. Charles Boissiere has filed an application to vacate 30' of the dedicated right-of-way for A;shland Trail (Eau Claire Trail) adjacent to the east side of Lot 4, Grainwood Heights. There is an existing home on the property at 4120 Eau Claire Trail. The applicant is p~oposing an addition to the east side of the house. Withoufthe vacation of the right-of- w,ay, the proposed addition will not meet the minimum required setback. ~ There is no need for the retention ofthe entire right-of-way." The Planning staff recommended approval of this request. Gomrnents from the Commissioners: . . Starns on : . Staff spelled out there is no real need from the City's standpoint for this property. The State spells out it has to be in the public's interest to do so. The public interest served his is that allows a higher development of that property. .. Go ahead and vacate. Atwood: . Agreed with Stamson there is no public need. Lemke: . Agreed, the right-of-way is excessive. Proceed to vacate. Criego: . No problem V onhof: . Concurred. L:\O I files\O I plancomm\O I pcminutes\MN07230 I.doc 5 Planning Commission Minutes July 23.2001 MOTION BY LEMKE, SECOND BY CRIEGO, TO RECOMMEND CITY COUNCIL APPROVE THE PROPOSED VACATION OF RIGHT -OF- WAY. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on August 6, 2001. C. Case Files #01-062 & 01-063 Merlyn Olson Development is requesting review of a concept plan for a townhouse development to be known as Eaglewood East consisting of 5 acres to be developed with 35 units, common open space and private streets to authorize the acceptance of an application for a Preliminary Planned Unit Development of less than 10 acres. This property is iocated south of County Road 21, north of Colorado Street, east of West Avenue and west of Duluth Avenue. Planning Coordinator Jane Kansier presented the Planning Report dated July 23,2001 on file in the office of the Planning Department. Medyn Olson Development is requesting an exception to the 10-acre minimum area requirement for a Planned Unit Development (PUD). 1'he applicant is proposing to develop a 5-acre site located on the south side of CSAH 21, north of Colorado Street, west of Duluth Avenue and east of West Avenue. Access to this site is presently from Racine Street, a private street. The staff felt the applicant would not be able to assemble 10 contiguous acres for a PUD development at this location. The site, however, could .still be developed with townhouses under the Conditional Use Permit process. . The need for a PUD is triggered by the use of a private street within this development. ' Staff recommended approval of the applicant's request for an exception to the minimum 10-acre requirement for a PUD, and requested authorization to staff to accept an application for a Preliminary PUD Plan for a site with less than 10 acres. Approval of this exception does not guarantee approval ofthe PUD plan. Criego: · Does the private street go on to Duluth Avenue? Kansier responded it would. · Does the road border on the property line? Is that within standards? Kansier said it has not been reviewed that closely. A road can be placed on the property line. There were no comments from the applicants or the public. Comments from the Commissioners: Atwood: · In favor of letting the applicant proceed forward. Lemke: · Agreed to proceed with the 10 acre exception requirement. L:\O I files\O I plancomm\O I pcminutes\MN07230 I.doc 6 Planning Commission Minutes July 23.2001 Criego: . Question to applicant: Could you explain what type of housing is being proposed? . Merlyn Olson, president of the company, said they are planning 4-plexes. There will be two story units in the middle with single walkout on the ends. The market will be for families, singles, a wide range, with a $160,000 to 195,000 price range. The square footage will be 11,000 to 17,000 finished area. There is a plan for an open area for park and a playground by Outlot C. . Questioned the plans for the steep hill. Olson explained the proposal. . No problems - continue the process. Stamson: . Go ahead with PUD process. V onhof: . Concurred. The property is bound by 3 public streets. . Allow for the excepJion. MOTION BY CRIEGO, SECOND BY STAMSON, TO AUTHORIZE STAFF TP ACCEPT A PUD APPLICATION FOR THE PRELIMINARY PUD PLAN. , Vote taken indicated a1es by all. MOTION CARRIED. D. Downtown Zoning discussion. Planning Coordinator JfU1e Kansier gave a brief overview of the joint City Council/Planning Commission workshop with the revised draft downtown design · ordinance. Auggie Wong and Suzanne Rhees, the City's consultants, were present for questions. Auggie Wong, landscape architect, distributed a handout and went on to present the streetscape for the downtown area. Criego felt Dakota Street and Main Avenue were the main focal point of the downtown area. There was a brief discussion on the center of downtown and slowing traffic on Eagle Creek Avenue. Kansier pointed out the City was mainly working with Main Avenue because the City owns significant property. Utilities and improvements will be updated in the near future. The streetscape will expand to the rest of the downtown. V onhof questioned the, width of the sidewalks and maintaining the street width. VI ong responded and gave examples of slowing traffic. L:\O I files\O I plancomm\O I pcminutes\MN07230 I.doc 7 Planning Commission Minutes July 23. 2001 Suzanne Rhees said the draft includes comments from the meetings and workshops. This ordinance can be used as a guide. Rhees recapped the facades of the buildings in the Design Standards. The next step is to refine the draft. Eventually, there will be a public hearing. Criego suggested having another joint workshop with the City Council. 7. Announcements and Correspondence: None 8. Adjournment: The meeting adjourned at 7:58 p.m. Jane Kansier Planning Coordinator Connie Carlson Recording Secretary ~ . :: . . L:\O I files\O I plancomm\O I pcminutes\MN07230 I.doc 8 .' PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: 4A CONTINUATION OF PUBLIC HEARING TO CONSIDER VARIANCES TO THE MINIMUM LOT AREA IN THE R-l DISTRICT. AND TO CONSIDER APPROVAL OF A PRELIMINA,RY PLAT TO BE KNOWN AS MCCORMICK ACRES JANE KANSIER, PLANNING COORDINATOR _X_ YES _NO-N/A AUGUST 13,,2001 INTRODUCTION: The Patrick L. McCormick Trust has; filed an application for a preliminary plat for the 1.85 acre site located on the south side of CSAH 12 (170th Street), west of CSAH 13 and east of Pheasant Meadows. The pr~iminary plat, to be known as McCormick Acres, consists of 1.85 acres to be subdivided into 5 lots for singe family residences. There are two existing single family dwellings on this site. The application also includes a request for variances to the minimum lot area for 3 of the proposed lots. ; t The Planning Commission initially" considered this request on July 9, 2001. The Commission tabled action on the request until August 13, 2001, in order to allow staff and the developer to assemble additional information. On August 8, 2001, the applicant requested the Planning Commission further continue the hearing until the next regular Planning Commission meeting on August 27, 2001 (see attached). The applicant is hoping to provide additional information at that time. RECOMMENDATION: The staff recommends the item be contiimed to August 27, 2001. ACTION REQIDRED: A motion and second continuing this item until the next regular Planning Commission meeting on August 27, 200 I is required. 1:\01files\01subdivisions\prelim plat\mccormick acres\pc report2.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 -' AUG. 8.21211211 1:53PM CITY OF WASECA NO.~ r- .. -~, . t~J;,~~~~~~~~~tU-"~ ~~~~~..:!lgo~~~~_~~.a~ From: Krls BL!sse Sent: Wednesday, Augl.lst 08,2001 10:06 AM To: ~kansier@cityofpriorlake.com' subject: request to table action on McCormick Acres I am requesting the planning commission table any action on the preliminary plat of McCormick acres. I respectfully request this item be placed on the next regular planning commission meeting in order to allow additional time for preparation. Thank you for your consideration. Kris M. Bl.Isse :---- -- PttOno' Phone' Fall ft ';1.- t/lf7"'f~ PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: 4B PUBLIC HEARING TO CONSIDER VARIOUS AMENDMENTS TO THE ZONING ORDINANCE JANE KANSIER, PLANNING COORDINATOR X YES NO AUGUST 13, 2001 INTRODUCTION: The purpose of this public hearing is to consider various, misce'IIaneous amendmehts to the Zoning Ordinance. The need for these amendments is the result of s+veral factors. These factors include, among other things, changes to the State'statutes, the need to clarify language in the existing ordinance, the need to update references in the existing ordinance and the need to change the ordinance to reflect existing policy. DiSCusSioN: Changes in State Statute: The staff has identified language in the current Zoning Ordinance that is inconsistent with Minnesota State statutes. Some of these inconsistencies are the result of very recent changes to the statutes. These changes include the following: · The definition of elderly housing (1101.1000) · The definition of congregate care (1106A.200) · The number of City Council votes required to adopt an amendment to the Zoning Map and the Zoning Ordinance (1108.506 and 1108.704) · The definition of an official map (1112.200) Sections 1-5 in the attached draft ordinance identify the revisions to the existing ordinance. None of the revisions are substantial; that is, they do not change the intent of the original ordinance. The major change is in the number of votes required to adopt an amendment to the Zoning Ordinance and to the Zoning Map. The State legislature recently changed the requirement from a 2/3 majority of all the members of the City Council to a simple majority vote. The exception 1:\01 files\01 ordamend\zoning\misc amends\pc report2.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER to this rule is when the change is from a residential to a commercial or industrial district. These types of amendments will still require a 2/3 majority. Interpretations: Since the Zoning Ordinance was adopted in 1999, the staff has made a number of interpretations on the application and intent of the ordinance. In a few cases, the staff feels it is necessary to clarify the ordinance language to reflect these interpretations. These include: . Language to include basement egress windows as an allowable encroachment into the side yards (1101.503 (1)) . Language to include platform decks as allowable yard encroachments (1101.503 (6 & 7) and 1104.308 (2)) These changes are identified in Sections 6-9 of the attached ordinance. The amendment does not change the way in which the ordinance has been administered. It merely clarifies the intent by adding specific language about egress windows and platform decks. Updates: The Zoning Ordinance also references technical documents, which may be updated on a regular basis. In order to ensure the reference is current, the language should be changed to eliminate the specific edition number, and reference the current edition. This amendment applies to the following: t . The Illuminating Engineering Society (IES) Handbook (1107.1801 (1)) : , . . This change is identified in Section 10 of the draft ordinance. New Provisions: After several discussions, the City Council has directed staff to relax the certification requirements for replacement trees. This relaxation is intended to be a more "customer-friendly" approach, especially for single-family homeowners. .The amendment affects the following provision: . Tree Preservation Requirements, Certification of compliance with an approved I~ndscaping plan (1107.2106 (5)). Section 11 of the draft ordinance addresses this change. The language still requires the developer to certify that the tree preservation plans have been met; however, it removes the requirement that the certification be made by a registered land surveyor, civil engineer, landscape architect, horticulturist or forester. This change will mainly affect builders and homeowners. On larger projects, such as new subdivisions, we expect the staff will determine compliance through inspections. On individual lots, compliance will be determined by certification by the homeowner or builder. 1:\01files\01ordamend\zoning\misc amends\pc rep0rt2.doc Page 2 RECOMMENDATION: Section 1108.600 of the Zoning Ordinance states specific findings that must be met to change the ordinance. These are: 1. There is a public need for the amendment. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. 3. The adoption, of the amendment is consistent with State and/or F~deral requirements'. . Staff feels there.is a public need for these amendments for several reasons. First of all, the~mendments are necessary to comply with State statutes. Second, the amendments will clarify the intent of the ordinance as it i~ currently administered. Finally, the amendment eliminating the need for certifi9ation of compliance with tree preservation plans will be more "customer frienqly" and eliminate additioral expense to the taxpayers. ALTERNATIVES: 1. Recommend the Council approve the amendments as proposed, or with changes specified by the Planning Commission. . ~ .. . . 2. Recommend the Council deny the proposed amendment. 3. Table or continue discussion of the item for specific purpose. RECOMMENDATION: The staff recommends Alternative #1 . ACTION REQUIRED: A motion and second recommending approval of the proposed amendment as recommended by staff and indicated in the attached draft ordinance. REPORT ATTACHMENTS: ; 1. Draft Ordinance Amendment 1:\01 files\01 ordamend\zoning\misc amends\pc report2,doc Page 3 CITY OF PRIOR LAKE ORDINANCE NO. 00- XX AN ORDINANCE AMENDING SECTIONS 1101.1000, 1106A.200, 1108.506, 1108.704,1112.200,1101.503 (1, 6 & 7), 1104.308 (2), 1107.1801 (2) AND 1107.2106 . (5) OF THE PRIOR LAKE CITY COD~ The City Council of the City of Prior Lake does hereby ordain that: 1. Syction 1101.1000 of the Prior Lake City Code is hereby amended as follows: Eltterly Housing. Multiple family dwellings where a minimum of 60% of the units are occupied by single persons at least 60 years of age or by 00uples with ORe or both being at l.east 60 years of age. A development intended and operated for occupancy by at least one person 55 years of af!e or older per unit, provided that: (alAt least 80 percent of the units are occupied by at least one person 55 years of af!e or older per unit; and (b) There is publication 0(, and adherence to, policies and procedures that : i demonstrate an intent by the owner or manaf!er to provid(! housinf! for persons 55 , - years of af!e or older. 2. Section 1106A.200 of the Prior Lake City Code is hereby amended as follows: Senior Care Facilities. A residential facility meetinf! the definition of elderly housinf! in Section 1101. 100where at least gO% of the residents are 55 years of age or older. Services available to residents cover a broad range of activities from social opportunities to medical care. The term includes assisted living and congregate care. It does not include nursing homes licensed by the State of Minnesota. 3. Section 1108.506 of the Prior Lake City Code is hereby amended as follows: Adoption. Amendments to this Ordinance or to the Official Zoning Map require an affirmative yote of 2/3rds a ma;ority vote of all the members of the City Council. The adoption or amendment of any part of the Zoninf! Ordinance that chanf!es all or part of the existinf! classification of a Zoninf! Use District from residential to either commercial or industrial requires a 2/3rds ma;Qrity vote of all of the members of the City Council. 1:\01 files\O 1 ordamend\zoning\misc amends\draftord.doc PAGE I 4. Section 1108.704 of the Prior Lake City Code is hereby amended as follows: Adoption. The City Council shall act upon the proposed rezoning within 60 days after the Council has received the Planning Commission recommendation. A majority 2/3rds vote of all members of the Council shall be required to adopt any amendments to the Zoning Ordinance. The adoption or amendment of any part of the Zoninf( Ordinance that chanf(es all or part of the existinf( classification of a Zoninf( Use District from residential to either commercial or industrial requires a 2/3rds majority vote of all of the members of the City Council. The City Council may alter the amendment proposed, but if the alteration results in a modification of the Zoning Map filed at the time of the first publication of notice of the hearing, it shall not be made until 10 days after notice has been given by registered mail to the owner of the property to be zoned that an amendment is being considered and may be adopted which is different from that shown on the original Zoning Map filed in support of the requested zoning change. 5. Section 1112.200 of the Prior Lake City Code is hereby amended as follows: OFFICIAL MAP DEFINED. "Official Map," as used in this article, means a map adopted in accordance with this article and with Minnesota Statutes Subd. 462.359 sho'.ving which may show existing streets, and proposed future streets, roads, and hif(hwavs and the area needed for widening of existing streets of the city. An official map may also show the location of existing and future public land and facilities within the city. An official map my cover the entire city or any portion of the city. i ~ 6. Section 1101.503 (1) of the Prior Lake City Code is hereby amended as follows: (1) Eaves, and-gutters and basement ef(ress windows, provided they do not extend more than 2 feet into a yard; and provided such encroachment is no closer than 5 feet from any lot line. 7. Section 1101.503 (6) is hereby amended as follows: (6) The following shall not be encroachments on front yard requirements: a. Awnings and door hoods which extend 5 feet or less into the required front yard. b. A vestibule which extends 5 feet or less into the required front yard under the following conditions: ~ The vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code. ~ The vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of subsection 1107.2200. ~ The vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height, and is screened from view. 1:\01 files\O 1 ordamend\zoning\misc amends\draftord.doc PAGE 2 d. Platform decks, meetinJ( the definition in Section 1101.1000. 8. Section 1101.503 (7) is hereby amended as follows: (7) The following shall not be encroachments on side and rear yard requirements: (a) Heating, ventilating and air conditioning equipment in side yards abutting a street and rear yards, but is an encroachment in interior side yards. None of that equipment shall extend more than 6 feet from the principal structure. (b) Platform decks, meetinJ( the definition in Section 1101.1000. 9. Section 1104.308 (2) is hereby amended as follows: (2) Setback Requirements For Residential Structures: On shoreland lots that have 2 adjacent lots with existing principal structures on both such adjacent lots, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the ordinary high-water mark or 50 feet; whichever is greater, provided all other provisions of the Shoreland Overlay r?istrict are complied with. In cases where only one of the two lots adjacent ~o an undeveloped shoreland lot has an existing principal structure, the average setback of the adjacent structure and the next structure within 150 feetinay be utilized. Setback averaging may not be utilized when an undeveloped shoreland lot is adjacent to two other undeveloped shoreland 101s. In no instance shall a principal structure be located in a shore impact zone or a bluff impact zone. The following shall not be considered encroachments into the lakeshore or bluff setback: a. Yard lights and nameplate signs for one and two family dwellings in the R- 1, R-2 and R-3 districts. b. Floodlights or other sources of light illuminating authorized illuminated signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the regulations of subsection 1107.1800. c. Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of 5 feet from any lot line. d. The following shall not be encroachments on front yard requirements: ~ Awnings and door hoods which extend 5 feet or. less into the required front yard. ~ A vestibule which extends 5 feet or less into the required front yard under the following conditions: (1) the vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code; (2) the vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of subsection 1107.2200; and (3) the I :\0 I files\O I ordamend\zoning\misc amends\draftord.doc PAGE 3 vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. ~ Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height and is screened from view. ~ Platform decks, meetinl[ the definition in Section 1101.1000. e. The following recreational equipment shall not be encroachments on the lakeshore or bluff setback requirements: boats, boat trailers, general purpose trailers, fish houses, utility trailers, jet skis, snowmobiles and other lake-oriented items. f. The following shall not be encroachments on side and rear yard requirements: ~ Heating, ventilating and air conditioning equipment in side yards abutting a street and rear yards, but is an encroachment in interior side yards. None of that equipment shall extend more than 6 feet from the principal structure. ~ Platform decks, meetinl[ the definition in Section 1101.1000. 10. Section 1107.1801 (2) of the City of Prior Lake Zoning Ordinance is hereby amended as follows: (2) Upon completion of any lighting project, measurement of lighting levels of properties within the project must be shown to be within Illuminating Engineering Society (IES) standards as specified in the most recent version of the IES Handbook 5th Edition and shall comply with the provisions of this Ordinance. Mitigating measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used. 11. Section 1107.2106 (5) of the City of Prior Lake Zoning Ordinance is hereby amended as follows: (5) Certification of Compliance with Approved Landscape Plan. No earlier than 1 year after acceptance of the tree preservation plan nor later than 1 year after . completion of the work contemplated by the plan, the Developer shall certify to the City that the plan has been complied with. This certification shall be made by a Minnesota registered land suryeyor, ciyil engineer, landscape architect, horticulturist or f{)rester. This ordinance shall become effective from and after its passage and publication. t . , . . Passed by the City Council of the City of Prior Lake this _ day of ,2000. 1:\01 files\O 1 ordamend\zoning\misc amends\draftord.doc PAGE 4 ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 I :\0 I files\O I ordamend\zoning\misc amends\draftord.doc , 1999. PAGE 5 . f t . . . I ,- PLANNING REPORT PRESENTER: PUBLIC HEARING: DATE: 6A REVIEW REQUEST TO VACATE A PORTION OF THE ROAD RIGHT-OF-WAY FOR RIDGEMONT AVENUE ADJACENT TO 15543 RIDGEMONT AVENUE JANE KANSIER, PLANNING COORDINATOR YES X NO-N/A AUGUST 13, 2001 AGENDA ITEM: . . SUBJECT: INTRODUCTION ;: The right-ot-way tor Ridgemont Avenue at this location was originally dedicated . tin 1920 with the plat ot Condon's Wood Dale. In 1974, the City installed utilities - and reconstructed Ridgemont Avenue at this location. At that time, the roadway surface was realigned to the west ot this property. This left a boulevard ot . . approximately 28' between the curb and the property line. ~ ; . . ; In 1999, Larry and Joyce Nickelson requested the vacation ot 18' ot the excess right-ot-way adjacent to their property at 15543 Ridgemont Avenue. The existing lot is about 50,000 square teet in size. Mr. and Mrs. Nickelson indicated they wanted to subdivide this area into 3 lots. According to the letter submitted by the petitioners at that time, they believed vacation of this right-ot-way "may avoid tuture problems tor the city and new property owners it the easements are . moved to reflect the true placement ot the utilities and the lot lines end at the street, as they do in all residential districts." The area originally proposed to be vacated was also required to meet the minimum lot area requirements tor two ot the proposed lots. In reviewing the original application, the staff brought up the question ot ownership ot the right-ot-way. As noted above, the right-ot-way was dedicated as part ot Condon's Wood Dale in 1920. Minnesota statutes and case law have determined ownership ot vacated right-ot-way reverts to the adjacent property owner only it that property was included in the plaUn which the right-ot-way was dedicated. Since the Nickelson property was not included in Condon's Wood Dale, the ownership ot the vacated right-ot-way would not revert to the adjacent property owners, but to the underlying tee titleholders ot the original plat, or their heirs. The Nickelsons' would have to obtain title to this property from those 1:\01 files\O 1 vacations\O 1-057\0 1 057pc.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER <, individuals. The petition was subsequently withdrawn so the question of ownership could be resolved. The Nickelsons' worked with their attorney to file a Title Registration that would give them title to this right-of-way. The City Attorney reviewed the registration and advised staff that the City should not allow the Registration Proceeding to move forward by default. The Nickelsons' cannot acquire title to public property, in this case the right-of-way, by adverse possession. The attorneys have agreed that vacation ot the right-ot-way is the proper procedure. On July 2, 2001, the City Council initiated the vacation of this right-of-way. The staff was subsequently informed by the attorney for the Nickelsons that the legal description ot the property to be vacated had changed. The new legal description includes a larger area, and would essentially vacate the right-ot-way trom the back ot the existing curb to the Nickelson property line. As required by State Statute 462.356 Subd.2,; the Planning Commission is required to make a recommendation to the City Council regarding the disposal or acquisition of public lands as it relates tb the compliance with the ~ Comprehensive Plan. t Upon proper notification, State Statute 412.851" allows the Council to vacate easement or right-ot-way by resolution. The statute also states "no such vacation shall be made unless it appears to be in the public interest to do so". . 10 , . DISCUSSION The Planning Commission must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan and is there a public need or anticipated tuture need tor the dedicated property? Comprehensive Plan Review: The Comprehensive Plan notes the need for adequate right-ot-way to maintain City streets. The 2002-2006 Capital Improvement Program has identified the reconstruction of Ridgemont Avenue to a 7 -ton road at this location. The Engineering Department has not indicated a ~ need for this right-of-way as part ot that reconstruction project. The Engineering staff has, however, noted that the existing sanitary sewer and water utilities may encroach into the area to be vacated. In addition, by vacating the entire boulevard, there is no room for snow storage on the street. Public Need: In addition to the concerns ot the 'Engineering Department noted above, the staff has also received comments from the small utilities, including telephone, gas and electric (see attached). All ot these agencies have noted there are existing services within the right-ot-way to be vacated. Reducing the area to be vacated to the original area proposed may eliminate some of these 1 :\0 1 files\O 1 vacations\O 1-057\0 1 057pc,doc 2 , ' concerns. However, there is still an existing telephone cable located within the area to be vacated. In addition, the Engineering Department has also suggested the need for a 10' drainage and utility easement along the westerly boundary of the area to be vacated. This 10' easement, a standard easement around the boundary of any lot, should be retained in the event this right-of-way is vacated. RECOMMENDATION There is excess right-of-way at this location. However, the revised legal description includes area necessary to maintain the utilities and the existing streets. The Planning staff therefore recommends denial of the vgcation as currently proposed. The staff would recommend approval of the vacation of 18' of right-of-way adjacent to this property as originally described, subject to the condition that the property owner quit claim a 10' wide easement for drainage and utilities along the westerly boundary of the property. ALTERNATIVES: 1. Recommend the City Council approve the proposed vacation as pr~sented. 2. Recommend the City Council approve the modified vacation. ; ~ 3. Continue the discussion to a date and time certain to allow 'the staff to provide additional information specifically requested by the Planning Commission. 4. Based upon expressed findings of fact, recommend the City Coun4il deny part or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. RECOMMENDATION: The staff recommends alternative #2. ACTION REQUIRED: A motion and second vacation the 18' wide strip of right-of-way included in the original petition, subject to the condition that the property owner quit claim a 10' wide easement for drainage and utility purposes along the westerly boundary of the property. 1:\01 files\O 1 vacations\O 1-057\0 1 057pc.doc 3 < . October.24, 1999 City of Prior Lake Planning Department 4629 Dakota St. SE Prior Lake, MN 55372 r;=.. r::l r;:::::. r= ~, -, :";.::: .-'" 1 1'''\ ,"- ~ LS 0 'VI ,." I.'. !~ ~ 1J~ L5 = \:..J L:= !! .~~: \1'1 I. : : :! ...'/ I ; I ': " ., I rT 2 r :! I' ; Ii :\ \ I 0... · 0 1999 ; i I IU\i/ L0 RE: Request for vacation of property along Ridgemont Avenue Dear Sirs: Enclosed you will find 2 surveys of the property involved. Survey #1 shows our prqperty in 1972, with the location of Ridgemont Ave. at that time. Our title 'reflects these boundaries. Survey '#2 shows the placement of Ridgemont Avenue after the completion of sewer, water and street projects. in later 1970's.. The street was relocated several feet to the west, leaving a "no man's land" between our legal description and the street. (See colored area in Survey #2.) A brief discussion with a member of the engineering department indicated city records were inaccurate regarding this change and he would support clarification. We are anticipating a subdivision of this property and believe it may . '"avoid future problems for the city and new property owners if the easements are moved to reflect the true placement of the utilities and the lot lines end at the street, as they do in all residential areas. A description of the property requested for vacation is attached. The legal description of our adjacent property is Tract At RLS #83. We are the only abutting property owners. Respectfully, ---. <. A->--=>/;~7)" /'/ -- "~i. 'vch .A. {.;.. _ v ~ Vi( ... / ",/,04/ , ""." A ev- . ~-1/("';-7' .>-.... .<~---, , ,jX " .;/ Larr1 Nickelson Joyce Nickelson '----ocr":28-1999 15: 06 I j I; . ,'110 I Lu Q I L&.J c, I Q: 8 6. I "7 I I 01 W',., I~ t:: I~ O~ J~ r.u -J: I I'~ ' It:C\I' .,., .. 0 ~ Iq:~o ", (; 00 lOll ~ t:.~C\I I... q:) , _ Q I.. , Cl I. w, I ... ~ I~ ~51 ~ '04:: :>_. 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"t..-.-..~ ~ o .)~ \:~ I have reviewed the attache~ proposed request (Ridgemont Avenue Vacation) for the following: )C. Water City Code Grading j. Sewer ~ Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric X. Roads/Access Policy Septic System Gas Building Code Erosion Control . Other Recommendation: Approval -.X.- Denial Conditional Approval Comments: S..",.nt&-t s,.~ 4 ~A1&.tt'l41~ l'JAol fAll-.tM .11"h"G rtlE.. EAslMlWr PlloP~~O '-0 at IJ~A~. :It ~ Fe~ ""14~to/.. <LIsa ~ sHow ,-..U! ~""S1'IA1~ &.mc..tn~ IIJ 710IlS AnlA. IlAl~ WE AJ~I!O ro KSIP "AI I'''$~ ~"'Ie" LtJC~" ~ ~~ "'" sE4V"~ -r...EsC! ","c.cn.s_ 'Bo,,", fueL",- tl Ptz.I.VA'1"C -::~:. M~:aoP;~~~ :~ftO~; tlAa:l) .tJ~;:~ ~= . ~{{~~ne: I$S",e D~ ~,.J.t;w Sl"MlAtoE:. > Signed: '- ~tv\c ~-t\- Date '~Ol Please return any comments by Monday, July 30, 2001, to Jane Kansier, ORC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 1:\01 files\01 vacations\01-057\referral.doc Page 2 _._. ,__... ____ '_ - _._. . - ~ _0. _ _ _ ..,-'-...... ..-'.'-'- ~8el;ant \,\\ EnergyTM Minnegasco .~ ~nr~r'--~ . ~- -.~-l LJ \ ...0-.--- - ..=,---- . 1 ,(\ A80. ,:~ ;:: \ ~ Ii; I ; ~'1\l tUn ~____ _.--- -- 1[:./ 700 West Linden Avenue P.O. Box 1165 Minneapolis. Minnesota 55440-1165 July 26, 2001 Jane Kansier DRC Coordinator 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 RE: Street Vacation of Ridgemont Avenue Dear Ms. Tovar: With reference to the proposed street vacation mentioned above, Reliant Energy Minnegas~o does have an existing natural gas main in that portion of Ridgemont A venue proposed to be vacated. Since this gas main is an important part of the distribution system for this area we must object to this proposed vacation _unless suitable easement rights are reserved to Reliant Energy Minnegasco, pursuant to MnSta 160.29 & MnRule 7819.3200. Please reserve an easement to Reliant Energy Minnegasco, created by and within the document establishing the street vacation and filed with the Scott County Recorders office, over the following area of the proposed street vacation: The north 35.00 feet of that part of Ridgemont Avenue proposed to be vacated. We may consider removing our objection should the petitioner wish to reimburse Reliant Energy Minnegasco the cost of :relocating the existing gas main. To discuss this and any ether cptio:ls that ma'! be gvai!able please haVf~ the petitioner contact Rick Pilon, Senior Administration Engine~r, at 612-321-5426. Thank you for the advance notice and please send me a copy of the final action on . this proposal. Respectfully, RELlA.NT ENERG~INNEGASCO jtt; t~ tx'y,---- Steven Von Bargen' Right-of-Way Administrator pc: R. J. Pilon, Reliant Energy Minnegasco Tom Birkholm, Reliant Energy Minnegasco OF 'L I have reviewed the attached proposed request (Ridgemont Avenue Vacation) for the following: Water City Code Grading Sewer Storm Water SiQns ZoninQ Flood Plain CountY Road Access Parks Natural Features . Legal Issues Assessment Electric Roads/Access Policy , Septic System ,Gas Building Code Erosion Control X Other in.E.... R~qDlT.lmeRdatio".;,' - ~ Approv.al. ,. ~ Denial Comments: X Conditional Approval .. INTEC::JRl\ TElEc...blY\ Cl1t\."E.f\)TL.'f \-\\'\5. AIV EXISTJNt. C.A~lE ALaNt, ~(1)E=oeMOI\JT AV€ I'N. T"E. ~AS~l"t\E~1 A~E.A- 5f10WN TO 1.E. ""'c..,..~t). \f-)E, UO\1\.b PltEJ~:E.R; A JO'l.Xnl\'TY '-Oi...l.\nD~ 8.e.c.. B..E to::D.lJ..\1LltlS. ~E ~U.lb RElt\C.RT~ OL1R.. ("ABLE I NT!) Tfo\l's C.ARR\ ~D~ A.T NO CJ~"'It~.€ TO 'TH'~ illlS1iHnE ~-' 'I ?Jtegra TELECOM " Don Bar1age a.s.p. Engineering & Design 4690 Colorado StreetS.E. Prior l.aJ<c. MN 553n Mobile: (612) 919-5887 .. Fax: (952) 226-3756 ClOO.lleIIagllCinlagralelecom.com \WIW.integralelecoll1,com Direct Dial: (952)226-7064 ~~- Signed: Date: 7-Z7-0 \ Please return any comments by Monday, July 30. 2001, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fa,,:: (612) 447-4245 1:\01 files\O 1 vacatians\O 1-057\referral.doc Page 2 ...., J ':n'-'.~;-:'! ~":...lr.-:-::r' I..J_7'____ OC.'Cq7'77CJ: ~c:~n T8D7!L7/~~ ~ _I ~ N ~ .J t ~ &J.. .~ ...... () oil!. .: .. "'t'" N ~ ..'L a = '~ c " U. III II: !- Z ... ". :c ~ c . Q' ~ ;j~-a <~ii: ..J. ~ ~ ~allll '0 '(1) -z: at:. - C>-'~ t; . I. t.. '" ' .U . .. ,r;~' 1,'" .= u-:- .'. ::. .... . '!~ ... . ~. 1-- J: ~-!. t :!' -~. o .. .. . : _ . Ii. w ':,J:.~~ .<l -.3, ,.J :; :f- = . ... . c ~ iI '.~ 'G' ." '2' '3 .. '\1'1 ..J ..:J_f'-l rt:' ~ . s:~ 1i . ... .. I : I .,..... - '.. .1. *,.' . .. . .:. - ..." - 1] ..... - 00 c i" -=-"""""' ~ d III (I ----- 43. ~ cl ',. vZ.Q<; , '...1-SL~~= . ".1. ~ J .EJ \J -::1"1 .1,(1 'll ~ ~ :.:r Si r-- :LCJ mOQrvo? ",'t'%I__ , ~ Ii- ~I- r ~ .; . . w v.i ...i :> < I- ;z .Q [: .ll " a ~ .. .. I" I '-'2.C,"2- ll"9 ~ r ~~~~ I I ~ ~.,:, .... I .- jJ ~!;l llJ r-- ;t :a ~ 1,!f1r".":!~~ 1 '-P'J':::",~! ~ 'T 0: III!- -0 ~z # IIlI i a. ! ~ ~u ':I: ~ c u oil :Ii II: ~ ~ U2 !!!al 2 :z al ~'i 20 e Z I e<<II~. .LAIlWall1ll ......oCllMln r:!r:: ,'C'n~77r-:c c!I .c j ~ a ~ ..J .J. .tl ~. <l "'- It- ~ a: r! ~ ~ Llol al:: ;) ...... < ~ s: ...J ~ c r- ., n Tfl(:l7 1.1 7 .I" (:I 08Y01/01 WED 10:29 FAX 330 6590 NSP DEL SYS CONST raJ 001 tJ Xcel Energy NORTHERN STATES POWER Facsimile Cover Sheet To: Jane Kansier Company: City of Prior Lake Phone: 952.447.9812 Fax: 952.447.4245 From: Kathy Blomquist Address: 414 Nicollet Mall - GO-7 Minneapolis, MN 55401 Phone: 612/330-5604 Fax: 612/330-6590 Date: 01 AUG2001 Number of pages including this cover sheet: 4 Comments: Ms. Kansier, Please see attached conditions to approval of the Nickelson-RidgemontAvenue vacation. Should the property owner consent to at- easement (as an alternative to reservation in the resolution of Xcel . rights), we will need to locate and survey the underground line to prepare a precise legal description of the easement strip. This may take 2-3 weeks. Please call with questions or comments. ORIGINAL BY MAIL TODAY. Thank you, \If'' NSP DEL SYS caNST iii 003 ~e.9~1/01 WED 10: 30 FAX 330 6590 --2!F ~.. i ~ I I I I \ I: ! .. ., ~ ., ~: ! . i 1 i I have reviewed the attached proposed request (Ridgemont Avenue Vacation) for the following: . Water City Code Grading Sewer Storm Water Signs . Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy - Septic System Gas Building Code Erosion Control Other , Recommendation: ~ Approval Denial . k Conditional Approval . Comments: ..,~ X;C~AS u~oEID.oUNut'RlrAAgj I;:t;gIBPTIDt-JEAC,ILlTlE:.:l l.1XA'tEO ~~ TIlE ~OI2:nt SlOt;;; Cl~ -rHE: Yl<'Ll~r'l, . FOR.. Wltl~ . :=l:Ac:,~)...\T ~ I"::> i' MlJ8T' 6~ ~'JJEt:lliE:" \IN:~T1!>~-S~LLrnO~ _ ... _ A~\\ll::) ~L-WIL-l- G~I'r~I: .~~ _~~[)l-:~D O~ F'W-ClJIION BY __~ ClW ~ _F Al-l ~11<r.C- D~A =~ I TO c:,1Ut\J""1 y.D:.L .. ~0 ~ ..: _ _ _&nN WE" A~\lE ~L6~D ~rrJ:ES Signed: ~~ Date: 87-31-d . ~.A. 5LO~Vt S Please return any comments by Mondav. Julv 3D, 2001, to Jane Kansier, ORC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (\12) 447-9812 Fax: (6~) 447-4245 C\ S '),.. Page 2 1:\01 files\O 1 vacations\01 .057\referral.doc ~004 NSP DEL SYS CONST 08/01/01 WED 10:30 FAX 330 6590 , ~ t"\J o 1/') 37C T61 35 \ \. 00 (Y') o 0 L/") L/") o L/") -' o \.0 o U1 / / JS- c: OC C lO . ::;) u co co co .. \ \ \ \ . 10 C. Petttl ~.. t!.D . F LtG"? \ . \ \ \ ~ . I I , I __ I --- I ~ 7 25C T6D 40 ~ ~S~.' CONDO" ,- ,-- I - \ / \ t .~ 25C T06 o N L/") L/") , ~ - fJ. flt:A D F PitJf'~dJ .L. V4<.M7fJ/IJ C7r i&CJJ 1>J' 1/0 AL ......--~ - .- 15543 _ 40 ~UTLEDGE ST S.E ,; ....... ,;,r'; 10C T72 I -- "- ....... "-~ 15563 , ...... ~ o \.D o LJ1. I ! 'l o ~ o ~. Lf) .', \ ' \. -'- -' -- ._~... ,....... 0'\ 0'\ ~ 1 5585 .\