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HomeMy WebLinkAboutCAP Ltr 1-12-00 Cummiskey Law Office 247 East Main Waterville, Minnesota 56096 507-362-4242 612-758-5383 507-362-4279 Fax David R. Cummiskey January 12,2000 Jennifer Tovar 16200 Eagle Creek Ave S.E. Savage, MN 55372 RE: 5380 Bounty Street 164992 Five Hawks Ave Our File: 1007.002 Jennifer Enclosed is the $20.00 fee for issuing the zoning letters. Please call with any questions. w~ David Cummiskey :W~ @ [~O\\L: 11\\ I FEB' 5 LUX) U\11 J~~ Cummiskey Law Office 247 East Main Waterville, Minnesota 56096 507-362-4242 612-758-5383 507-362-4279 Fax ',~~ V ~ ?J'Oj ~ 'if .~~~ David R. Cummiskey January 12, 2000 Jennifer Tovar 16200 Eagle Creek Ave S.E. Savage, MN 55372 RE: 5380 Bounty Street 164992 Five Hawks Ave Our File: 1007.002 Jennifer The Scott-Carver-Dakota CAP Agency is refinancing the properties they own at 5383 Bounty Street and 163992 Five Hawks Avenue both in Prior Lake. Financing is being provided by Minnesota Housing Finance Agency. As a requirement Minnesota Housing Financing Agency requires a zoning letter. Enclosed are copies you provided in 1997. Please update the letters and send them to my office. Please call with any questions. 12t/J/, !& Thank YOu,~/ Irrj)l~ ~ ~ OW ~ ~I 1~~I.u-IM .,.",..~.#.... -" "'..." ,.,.< "".,'~' . ~",.-.. ._"",~,.."'-4t;'...,_,,.....~.._,., ,':.~...., February 11,2000 Cummiskey Law Office Attn: David Cummiskey 247 East Main Waterville, MN 56096 RE: 16492 Five Hawks Avenue, Prior Lake, MN Ladies and Gentlemen: The undersigned hereby certifies with respect to the property legally described in Exhibit "A" attached hereto ("premises") as follows: 1. The zoning district affecting the Premises is R-3 SO Medium Density ResidentiaV Shoreland Overlay District. 2. The Premises and its present and intended use as half of a two-family family dwelling is permitted and the proposed building as indicated in Building Permit 87-173 is permitted and complies with applicable zoning, building and city codes. 3. There are no variances, conditional use permits or special use permits required for the continued use of the Premises as half of a two-family dwelling. There may be variances, conditional use permits or special permits required for any future intended use other than a two-family dwelling or for building improvements or additions to the Premises. 4. The Premises comply with the subdivision ordinances affecting it and can be conveyed without the filing of a plat or replat of the Premises. 5. All appropriate and required city permits licenses and approvals have been provided for the present use as half of a two-family dwelling of the Premises. 6. Parking requirements are two (2) off-street parking spaces per dwelling unit. The approved building permit indicates one stall for this half of the two-family dwelling. Therefore, parking is not in compliance with this requirement. Driveways are not counted as off-street parking areas. 7. The setbacks are as follows: 25' front yard (or average of structures within 150'), 10' side yards, 25' rear yard. The proposed building setbacks as indicated in Building Permit 87-173 meet setback requirements. However, there is no as-built survey to verify if the building was constructed in the exact location as proposed. 8. The Premises is not located in a flood zone. JtfWv1 .~ \\FS 1 \SYS\DEPT\PLANNING\00FILES\00CORRES\JENNI\16492 Five Hawks.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ."'(.'. ,.~,,: .....j /' :>'-' . '.J)"'-; . .". ./ . . /. . ." .' '.' X:.- -: '.' /"/ ' ',. '~ .. ,', . . ',J:.:;:.: ,: . C N 20 27'46'W - -- 90.00-- - -- o -..... ---- ._--~ ...,. ---- ---- " - - .. .....;.....J.-- .? Gjp/';', ,,/\ ,,?A ,-... ,Do \ \-- \ ..) \ \ ~ ~\ \ ~ \' / ,A .... 1: ~ \ ;. \ \. '\ \\ \ ~ \ \ ~ \ \~ . '" .~...l~_:..: ~ \ ' .. ~ ',' \- " . . \ ' \ ~6~ ~~\ ~.. ~ 'A'.... \ .- ...- \ . \'2. ._ .... -, \ \~ "';'''''-', \ .'Z.~..:.- ~ " \\ -~/- \ . ........ -z.C.... ...- . ...- "'- ,- 21 CO: 0:>- om O~ .:....~#-. -0) 0.1 =. ~. . .~ "1 - ". -..' ./ .. . ; ., 0- " '\ ....... - - ~ ....- /' . ~ ". .;', -:: ;....- . .. ,:,"', ....... . :~r. '.' ,'";," j "'-:..r~;..,..-,.' '; /' " ,- .,' t ,- ,. ....... :'-~' : ~~'.':.~~~:.>-... [;:...,.:. ""'':'-'- --- v - \ \ \ \ \ \ ---~ _\6.~- " - - . - - \ ,,/ \ \ I I s .' ~ .... ~ ZI'" ]C. ~ .,..... 0% ;Gl '" 0." \ . i \ \ o ~ o .0 ... z ~ \ CP \ IN. ~.J( - - \ . -oc.n . CP-:-r.r-.v ~ ? \ ~ to' . a) '_ l~r' \ ---b _IG,::I _- ....--- ~ i \ \ \ 1\ . , \ . \ \,(' \ \ -..-.... ... ...;..- -- ---- - - -- --. ......-:-:-. ..: ~ ". -: - .. -----'-" '<t.: ~. -~_. ~" - - ...- .... -, ---- .~. !!:! '. . . s ...... .. . ,(n:.-" ~.!.:.: ~' .: . -- -- -- ---- ..........----- -- .......- ...- ~ :~ -~ , '" _.1 . '" .-.--.:.-.:-...~ ,- -,/ :::.:.-.J/ '.J .,. . :'.. -. ./> . . .".; ".. .'~ . .' " . - - .'~, , . - . .. . <....,-/-... ;; CHICAGO TITLE INSURANcE COMPANY OWNERS SCHEDULE A ile No. Policy No. Date of Policy Amount of POlicy 92-3632 2~-OO6S-60-001776 October 10, 1992 AT 7:00 A.M. $65,375.1.0 , Name of Insured: The Secretary of Housing and Urban Development The estate or interest in the land Which is COVered by this Policy is: Fee Simple Title to the estate or interest in the land is vested in the Insured. The land herein described is encumbered by the following mortgage or t=ust deed, and aSSignments: and the mortgages or trust deeds, if any, shown in schedule B hereOf. The land referred to in this POlicy is described as follows: That part of Lot 1, Block 3, Lakeside Estates, Scott County, Minnesota lying Northerly of the fOllowing described line: Beginning at a point on the Westerly line of said Lot 1, distant 61.43 feet Southerly of the Northwest corner; thence Northeasterly to a Point on the Easterly line of said Lot 1, distant 37.86 feet SoUtherly of the Northeast corner and there ~erminating, all according to the plat thereof on file and of record in :he Office of the County Recorder, Scott County, Minnesota .bstract property (No abstract of title was prOVided or found) NFO&~TIONAL NOTE: COmmonly known as 16492 Five Hawks Avenue Southeast, rior Lake, MN 55372. -- ./ This Policy valid only if SchedUle B is attached ~ :~ December 15, 1997 Minnesota Housing Finance Agency Suite 300 400 Sibley Street St. Paul, MN 55101-1998 CAP Agency Scott-Carver- Dakota ATTN: Judson Kenyon 1257 Marschall Road Shakopee,MN 55379 RE: 164992 Five Hawks Avenue, Prior Lake, MN Ladies and Gentlemen: The undersigned hereby certifies with respect to the property legally described in Exhibit "A" attached hereto ("premises") as follows: 1. The zoning code affecting the Premises is R-2 SD Urban Residential Shoreland District. 2. The Premises and its present and intended use as an apartment complex with related facilities does not comply with the applicable zoning codes, city ordinances and building, environmental and energy codes, ordinance and regulations. Apartment complexes are not permitted in the R-2 zoning district. However, the current use as a two-family dwelling is permitted and the proposed building as indicated in Building Permit 83-173 is permitted and complies with applicable zoning, building and city codes. 3. There are no variances, conditional use permits or special use permits required for the construction of the improvements on the Premises or its uses. 4. The Premises mayor may not comply with the subdivision ordinances affecting it and con be conveyed without the filing of a plat or replat of the Premises. The City does not have a record of a legal lot split to sell the units separately. In past years, the lot split could have been approved by the County without City approval. L:\97FILES\97CORRES\JENNI\ 16492FIV .DOC 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER r ~ 5. All appropriate and required city permits, and licenses have been provided for the present use as a two-family dwelling of the Premises. There is not a Certificate of Occupancy on file. The file is closed and considered accepted by the City. The listed use as an apartment complex with related facilities is not permitted in the R-2 zoning district. If an apartment complex is the intended use, the City does not approve. 6. Parking requirements are 2 off street parking spaces per dwelling unit. The approved building permit indicates compliance with this requirement for two dwelling units. 7. The setbacks are as follows: 25' front yard 10' side yards 25' rear yard. The proposed building setbacks as indicated in Building Permit 83-173 meet setback requirements. However, there is no as-built survey on file for this property to verify compliance. 8. The Premises is not located in a flood zone. Additional Comments: There is not an as-built survey on file for this property. The listed proposed and intended use of the property as an apartment complex is not permitted in the R-2 zoning district. This structure was approved and built as a two family dwelling which is permitted in the R-2 Zoning District. f'/J1LhU ;ho^--" ifer~ ;of: L:\97FILES\97CORRESVENNI\ 16492FIV .DOC - ----.=.-"-- " ... ') CHICAGO TITLE INSURANcE COMPANY OWNERS SCHEDULE A ile No. Policy No. Date of Policy Amount of Policy 92 -3 632 24-0065-60-001776 October 10, 1992 AT 7:00 A.M. $65,375.10 I- Name of Insured: The Secretary of Housing and Urban Development The estate or interest in the land which is Covered by this Policy is: Fee Simple The land herein described is encumbered by the following mortgage or trust deed, and assignments: Title to the estate or interest in the land is vested in the Insured. and the mortgages or trust deeds, if any, shown in schedule B hereof. The land referred to in this Policy is described as follows: That part of Lot 1, BLock 3, Lakeside Estates, Scott County, Minnesota lying Northerly of the following described line: Beginning at a point on the Westerly line of said Lot 1, distant 61.43 feet Southerly of the Northwest corner; thence Northeasterly to a point on the Easterly line of said Lot 1, distant 37.86 feet Southerly of the Northeast corner and there terminating, all according to the plat thereof on file and of record in the Office of the County Recorder, Scott County, Minnesota ~bstract property (No abstract of title was provided or found) rNFORMATIONAL NOTE: COmmonly known as 16492 Five Hawks Avenue Southeast, ?rior Lake, MN 55372. - ./ This POlicy valid only if Schedule B is attached ~ ".:' ....."\ .....~ \,...... ,Dr \ \~ \ ..) \ ........ ~ - ,Dr 1 ~ \ \ \ 1 ~ \ \ . \ \ \~. \.~.-\ \~.\ ........ \. ~\ ~ ~... \ . Dr\'~~~ \ ~- , \'2. ......._ ...... " \ \~ /;.. ...... 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