HomeMy WebLinkAbout00-001 Variance
MEMORANDUM
DATE:
TO:
FROM:
CC:
SBJCT:
4/5/02
Paul Baumgartner
Steve Horsman
Jane Kansier
Irrevocable Letter of Credit #1291 for BP #00-310
The LOC in the amount of $12,815.00 is due to expire on May 9,2002.
The proiect is incomplete, with the parking area needing the final lift of
asphalt, and striping for the parking stalls.
The Planning Department shall require the applicant to extend this LOC for
a period of 6 months to 1 year, depending on the schedule for completing the
required work (see attached copy of LOC).
Planning Case File No. 00 - 00 {
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
D Rezoning, from (present zonin~) sheets/narrative if desired)
to (proposed zonin~) Acid..; t.-7c ....~,} W ~ "'~Mri~e
D Amendment to City Code, Compo Plan or City Ordinance
D Subdivision of Land
D Administrative Subdivision
D Conditional Use Permit
Variance
D Other:
Applicable Ordinance Section(s): 110 2 _ f 40b
Property Owner(s) [If different from Applicants]:
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Applicant(s):
Address:
Home Phone:
Address: 70
Home Phone:
Type of Ownership:
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rio\. Io./J..<;>o Work Phone: 4'YO-fJ~~O
Fee L Contract for Deed _ Purchase Agreement
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
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To the best of my knowledge the information provided in thic ..nnH""H^,~ --.. _...L__ - _",_-'_0 .
. . . PROPOSED LEGAL OESGflIPnOH P.\RCn. B
addItIon, I have read the releN'ant sections of th t SS"OE .nOlllON Scott Count" t.llnnesota
.. . Lot " Blodt 2. WAIERFROtI PA ",.... ,.
apphc ons wrll not be processed u tIl deemed c exc.pl ~ot port 01 solei Lol , d.scrlbed 01 foIIO'...:
B. Innln at Ihe soulheasl comer 01 LDl 2. Block 2, of soid pkl'; thence NorUl 00
~rees ~O mlnules <\AI Becond. Ea.' pial beorItlg olong the east Iln. 01 1014 Lot 2, 0
dl.'once 01 228.00 feel to Ih. northeollt CGmer of \llQld Loc 2: lIIenc. Soulh 69
degreee 49 minutes 16 llconds (Ollt along \h. easterly exlensl'3l1 cf the north Iln. of
Id lot 2 a drstance of 100.52 t.et: Ulence South 00 degrulI 10 mrnutes 44-
:conds ~s\ Q dlslance of 228.00 feet to the iltenlecUon wltil the BOUth line or
lolel Lot " thence North &9 devee. 49 minvl" '6 second. WC$\ along \h. sold
south line. 0 dlalonce of 100.52 feel 10 1t1. point of beginning.
Plu.~
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THIS SPACE 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
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CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, FAX (612) 447-4245
RECEIPT # 36152
DATE:
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Receipt Cler~ for the City of Prior Lake
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29582
KEY-LAND HOMES
PH. 612-440-9400
17021 FISH POINT RD.
PRIOR LAKE. MN 55372
75-905/919
BRANCH 1
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UJT Prior lake, MN 55372 (612) 447-2101
FOR
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RESOLUTION 00-16
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION
OF THE PLANNING COMMISSION TO APPROVE A 55 FOOT VARIANCE TO PERMIT THE
CONSTRUCTION OF AN ADDITION TO AN EXISTING BUILDING IN THE C-5 DISTRICT
TO BE LOCATED 20 FEET FROM A RESIDENTIAL DISTRICT
RATHER THAN THE REQUIRED 75 FEET
MOTION BY: PETERSEN
SECOND BY: GUNDLACH
WHEREAS,
on February 22, 2000, and on March 6, 2000, the Prior Lake City Council considered
an appeal by D.R. Horton Custom Homes, Deerfield Development, LLC and John and
Mary Mesenbrink of the Planning Commission's approval of a request for a variance by
Keyland Homes to locate an addition to the existing building at 17021 Fish Point Road
SE 20' from the side lot line adjacent to a Residential District rather than the required
75' for the property legally described as follows:
Lot 2, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota
together with that part of Lot 1, said Block 2, described as follows:
Beginning at the southeast corner of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the east line of said Lot 2, a
distance of 228.00 feet to the northeast corner of said Lot 2; thence South 89 degrees
49 minutes 16 seconds East along the easterly extension of the north line of said Lot 2,
a distance of 100.52 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 228.00 feet to the intersection with the south line of said Lot 1; thence
North 89 degrees 49 minutes 16 seconds West along the said south line, a distance of
100.52 feet to the point of beginning.
WHEREAS,
the City Council finds that the requested variance meets the standards for granting
variances set forth in Section 1108.400 of the City Code, and that the appellant has not
set forth adequate reasons for overturning the decision of the Planning Commission;
and
WHEREAS,
the City Council has determined that the Planning Commission's decision approving
the requested variances should be upheld.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1. Kevin G. Horkey has applied for a variance from the Zoning Ordinance in order to permit the
construction of an addition to an existing warehouse/shop building in the C-5 (Business Park) District
located at 17021 Fish Point Road SE and legally described as follows:
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
r:\counci1\resoluti\p lanres\2000\OO-16.doc
Page 1
i
.
Lot 2, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota
together with that part of Lot 1, said Block 2, described as follows:
Beginning at the southeast corner of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the east line of said Lot 2, a
distance of 228.00 feet to the northeast corner of said Lot 2; thence South 89 degrees
49 minutes 16 seconds East along the easterly extension of the north line of said Lot 2,
a distance of 100.52 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 228.00 feet to the intersection with the south line of said Lot 1; thence North
89 degrees 49 minutes 16 seconds West along the said south line, a distance of 100.52
feet to the point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in Case File #00-
002 and held hearings thereon on January 24, 2000.
3. The Board of Adjustment concluded the variance met the hardship criteria and approved the request.
4. D.R. Horton Custom Homes, Deerfield Development, LLC, and John and Mary Mesenbrink filed an
appeal to the decision of the Board of Adjustment in accordance with Section 1109.400 of the City
Code on January 27,2000.
5. The City Council has considered the effect of the proposed variance upon the health, safety, and
welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire,
risk to the public safety, the effect on property values in the surrounding area and the effect of the
proposed variance on the Comprehensive Plan.
6. Because of conditions on the subject property and on the surrounding property, it is possible to use
the subject property in such a way that the proposed variance will not result in the impairment of an
adequate supply of light and air to adjacent properties, unreasonably increase congestion in the
public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or
impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance
and Comprehensive Plan.
7. The location of the existing building on the lot limits the location of any addition to this building. An
addition meeting all required setbacks would nearly preclude any parking and loading areas for the
building.
8. The City of Prior Lake Economic Development Authority entered into an agreement with the
applicant for the purchase of the property with the express purpose of constructing an addition to the
existing building. The Development Agreement states the development of this site is consistent with
the goals and objectives of the Tax Increment Financing District.
9. There is justifiable hardship caused by the location of the existing building on the lot Reasonable
use of the property does not exist without the granting of the variance to permit the addition to be
located consistent with the setback of the existing building.
10. The granting of the Variance will not serve merely as a convenience to the applicant, and is
necessary to alleviate demonstrable hardship.
11. The contents of Planning Case File #00-001 are hereby entered into and made a part of the puiJlic
record and the record of decision for this case.
r:\counci1\resoluti\planres\2000\OO-16.doc
Page 2
. .
. I
.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby approves the following variance for the
proposed structure as shown in Exhibit A:
1. A 20' setback from the south property line rather than the required 75' setback..
The following are conditions which must be adhered to prior to the issuance of a building permit for the
proposed structure:
1. The resolution must be recorded and proof of recording submitted to the Planning Department within
60 days of the date of approval. An Assent Form must be signed and, pursuant to Section 1108.400
of the City Code, the variance will be null and void if the necessary permits are not obtained for the
proposed structure within one year after adoption of this resolution.
Passed and adopted this 6th day of March, 2000.
YES NO
Mader X Mader
Ericson X Ericson
Gundlach X Gundlach
Petersen X Petersen
Schenck X Schenck
{Seal}
r:\council\resol uti\planres\2000\OO-16.doc
Page 3
ASSENT OF APPLICANT
File #00-001 & 00-008
As Approved by Resolution #00-016
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am familiar with
their contents and with the content of the exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows:
1108.413 Revocation and Cancellation of a Variance. A Variance may be
revoked and canceled if the Zoning Administrator determines that the
holder of an existing Variance has violated any of the conditions or
requirements imposed as a condition to approval of the Variance, or has
violated any other applicable laws, ordinances, or enforceable
regulation.
1108.414 After One Year, No Construction Required. All Variances shall be
revoked and canceled if 1 year has elapsed from the date of the adoption
of the resolution granting the Variance and the holder of the Variance
has failed to make substantial use of the premises according to the
provisions contained in the Variance.
1108.415 After One Year, New Construction Required. All Variances shall be
revoked and canceled after 1 year has elapsed from the date of the
adoption of the resolution granting the Variance if a new structure or
alteration or substantial repair of an existing building is required by the
Variance and the holder has failed to complete the work, unless a valid
building permit authorizing such work has been issued and work is
progressing in an orderly way.
1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails
to make actual use of vacant land, or land and structures which were
existing when the Variance was issued and no new structure, alteration
or substantial repair to existing buildings was required; or if a new
structure was required by the Variance and no building permit has been
obtained, the Variance shall be deemed revoked and canceled upon the
occurrence of any of the following events:
L:\OOFILES\OOV AR\OO-OO 1 \ASSENT .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
(1) A change in the Use District for such lands is made by amendment to
the Zoning Ordinance by the City Council.
(2) Eminent domain proceedings have been initiated to take all or any
part of the premises described in the Variance.
(3) The use described in the Variance becomes an illegal activity under
the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Variance is forfeited to
the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued files a written
statement in which that person states that the Variance has been
abandoned. The statement shall describe the land involved or state
the resolution number under which the Variance was granted.
(6) The premises for which the Variance was issued are used by the
person to whom the Variance was issued in a manner inconsistent
with the provisions of such Variance.
4. I understand the granting by the City ofthis Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of said
Resolution. I understand and agree upon notice of non-compliance with any term or
condition, I shall immediately cease conducting activities pursuant to the notice or
will take all actions necessary to accomplish full compliance with said notice and
conditions of the Resolution.
....
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DATE
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17021 Fish Point Road SE
ADDRESS OF PROPERTY
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L:\OOFILES\OOV AR\OO-OOl \ASSENT.DOC
2
PLANNING COMMISSION MINUTES
MONDAY, JANUARY 24, 2000
1. Call to Order:
The January 24, 2000, Planning Commission meeting was called to order by Chairman
Cramer at 6:30 p.m. Those present were Commissioners Cramer, Criego, Stamson and
Vonhof, Planning Coordinator Jane Kansier, Zoning Administrator Steve Horsman and
Recording Secretary Connie Carlson.
2. Roll Call:
Vonhof
Criego
Cramer
Stamson
Present
Present
Present
Present
3. Approval of Minutes:
The Minutes from the January 10, 2000, Planning Commission meeting were approved as
presented.
4. Public Hearings:
A. Case File #00-001 Keith Horkey of Keyland Homes is requesting a variance to
the required side yard setback adjacent to a residential district in the C-5
(Business Park) District for the construction of an addition to an existing
building on the property located at 17021 Fish Point Road SEa
Planning Coordinator Jane Kansier presented the Planning Report dated January 24,
2000, on file in the office of the Planning Department.
The Planning Department received an application for a variance to allow the construction
of an addition to the existing Keyland Homes building on the properly located at 17021
Fish Point Road. They are requesting a 55' variance to permit a structure to be setback
20' from the side yard adjacent to a Residential District rather than the required 75 feet.
Staff felt the proposed request appeared to meet the hardship criteria in that the greater
setback is a result of the annexation and rezoning ofthe adjacent property, and the
location of the existing building limits the options for the placement of an addition. The
staff therefore recommended approval of this request.
Comments from the public:
L:\OOFILES\OOPLCOMM\OOPCMIN\MNO 12400.DOC 1
Planning Commission Minutes
January 24, 2000
Kevin Horkey, Keyland Homes, explained the company needs additional storage would
like to expand and this is the only way to do it.
The public hearing was closed.
Comments from the Commissioners:
Stamson:
. The City marketed and sold the property with this in mind.
. Staff pointed out the variance meets all the criteria.
. Supported the request.
V onhof:
. Agreed with Stamson on the variance hardship standards.
. The annexation caused the hardship.
. Supported the requested.
Criego:
. Hardships have been met.
. Agreed with staffs recommendation.
Cramer:
. Questioned landscaping on the back of the building. Kansier said they were building
a buffer yard and the proposal meets all the city ordinance requirements.
. Lighting requirements will be met.
. The hardship criteria have been met.
MOTION BY VONHOF, SECOND BY STAMSON, APPROVING RESOLUTION 00-
002PC GRANTING A 55 FOOT VARIANCE TO PERMIT THE CONSTRUCTION OF
AN ADDITION TO AN EXISTING BUILDING IN THE C-5 DISTRICT TO BE
LOCATED 20 FEET FROM A RESIDENTIAL DISTRICT RATHER THAN THE
REQUIRED 75 FEET.
Vote taken indicated ayes by all. MOTION CARRIED.
5. Old Business:
A. Case File #99-100 Hillcrest Homes Variance - Resolution
Zoning Administrator Steve Horsman presented the Planning Report dated January 24,
2000 on file in the office of the Planning Department.
On January 10, 2000, the Planning Commission held a public hearing regarding the
requested variances on this property. After reviewing the proposal with respect to the
1:\OOfiles\OOplcomm\OOpcmin\mnO 12400.doc
2
STAFF REPORTS
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4A
CONSIDER A VARIANCE TO THE REQUIRED SIDE
YARD SETBACK ADJACENT TO A RESIDENTIAL
DISTRICT FOR THE CONSTRUCTION OF AN
ADDITION TO THE EXISTING KEYLAND HOMES
BUILDING IN THE C-5 DISTRICT, Case File #00-001)
17021 FISH POINT ROAD SE
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
JANUARY 24, 2000
The Planning Department received an application for a variance to allow the
construction of an addition to the existing Keyland Homes building on the
properly located at 17021 Fish Point Road. The existing building is setback 20'
from the south property line, where it is adjacent to a Residential Zoning District.
The proposed addition to the building will also have a 20' setback. The following
variance is therefore requested:
1. A 55' variance to permit a structure to be setback 20' from the side yard
adjacent to a Residential District rather than the required 75 feet (City
Code Section 1102.1406).
DISCUSSION:
The property located at 17021 Fish Point Road SE was originally platted as Lot
2, Block 2, Waterfront Passage Addition in 1993. In 1998, the applicant
purchased an additional 1/2 acre of land from the City Economic Development
Authority and added it to their existing lot in order to construct an addition to the
existing building, as shown on Exhibit A.
The existing building was constructed in 1993 and met all required setbacks at
that time. The property directly to the south was annexed in July, 1997. Late in
1997, the Comprehensive Plan was amended to include this property in the
MUSA and designating it for Low to Medium Density Residential uses. In 1999,
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
the property was rezoned to the R-2 district. Once rezoned, the 75' setback
requirement from a Residential District became effective.
The building envelope on the subject site meeting all setback requirements,
shown on Exhibit 8, is approximately 165' long by 135' wide. The building
envelope is primarily located on the north half of the lot.
The proposed addition is 150' long by 100' wide. It consists of a shop and
warehouse space. The loading docks and parking are located on the north side
of the building. The proposed addition is located 20' from the south property line
and 45' from the rear, or east property line. The setback from the south property
line is consistent with the setback of the existing building.
VARIANCE HARDSHIP STANDARDS
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.
While the lot itself is not exceptionally narrow, the location of the existing
building on the lot limits the placement of an addition to the building. If the
addition were to meet all required setbacks, the options for the placement of
parking and loading docks are very limited. This location would nearly
eliminate the use of the building for warehouse purposes.
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 existing building complied with the required setbacks at the time it was
constructed. The subsequent annexation and rezoning of the adjacent
property created the additional setback requirement.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
The property owner purchased the property from the City for the express
purpose of building an addition to the property. This addition cannot be built
without granting of the variance.
L:\OOFILES\OOV AR\OO-001\OO-001 pc. DOC
Page 2
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.
The addition conforms to the location of the existing building, and will not
impair the supply of light and air to the adjacent property. The addition will
not significantly impact the public streets or endanger public safety.
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 addition setback conforms to the setback of the existing building on this
site. The required landscape bufferyard located along the south property line
will provide screening between this site and the adjacent residential district.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
The granting of this variance is not contrary to the intent of the
Comprehensive Plan. When the applicant purchased this property, he
entered into a development agreement with the City. That agreement notes
the further development of this site by expanding the existing building is
consistent with the development objectives set forth for the tax increment
financing district.
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 location of the existing building limits the options for the location of any
addition to that building. The granting of this variance is necessary to
alleviate a demonstrable hardship.
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 annexation and rezoning of the adjacent property created the need for
the larger setback than originally required on this site.
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
L:\OOFILES\OOV AR\00-001 \00-001 pc. DOC
Page 3
This variance is not based on economic hardship.
RECOMMENDATION:
The proposed request appears to meet the hardship criteria in that the greater
setback is a result of the annexation and rezoning of the adjacent property, and
the location of the existing building limits the options for the placement of an
addition. The staff therefore recommends approval of this request.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria. In this case, the
Planning Commission should direct staff to prepare a resolution with findings
denying the variance requests.
ACTION REQUIRED:
Motion and second adopting Resolution 00-002PC approving a 55' variance to
permit a structure to be setback 20' from the side yard adjacent to a Residential
District rather than the required 75 feet variance to allow an addition to the
existing building as shown on Exhibit A.
L:\OOFILES\OOV AR\00-001 \00-001 PC.DOC
Page 4
RESOLUTION 00-002 PC
A RESOLUTION APPROVING A 55 FOOT VARIANCE TO PERMIT THE
CONSTRUCTION OF AN ADDITION TO AN EXISTING BUILDING IN THE C-
5 DISTRICT TO BE LOCATED 20 FEET FROM A RESIDENTIAL DISTRICT
RATHER THAN THE REQUIRED 75 FEET
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Kevin G. Horkey has applied for a variance from the Zoning Ordinance in order to
permit the construction of an addition to an existing warehouse/shop building in the
C-5 (Business Park) District located at 17021 Fish Point Road SE and legally
described as follows:
Lot 2, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota
together with that part of Lot 1, said Block 2, described as follows:
Beginning at the southeast comer of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the east line of said Lot 2, a
distance of 228.00 feet to the northeast comer of said Lot 2; thence South 89 degrees
49 minutes 16 seconds East along the easterly extension of the north line of said Lot
2, a distance of 100.52 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 228.00 feet to the intersection with the south line of said Lot 1; thence
North 89 degrees 49 minutes 16 seconds West along the said south line, a distance of
100.52 feet to the point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case File #00-002 and held hearings thereon on January 24,2000.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
1: \OOfiles\OOvar\OO-OO 1 \rs0002pc.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
unreasonably increase congestion in the public streets, increase the danger of firet and
danger to the public safety, unreasonably diminish or impair health, safetYt comfortt
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The location of the existing building on the lot limits the location of any addition to
this building. An addition meeting all required setbacks would nearly preclude any
parking and loading areas for the building.
6. The City of Prior Lake Economic Development Authority entered into an agreement
with the applicant for the purchase of the property with the express purpose of
constructing an addition to the existing building. The Development Agreement states
the development of this site is consistent with the goals and objectives of the Tax
Increment Financing District.
7. There is justifiable hardship caused by the location of the existing building on the lot.
Reasonable use of the property does not exist without the granting of the variance to
permit the addition to be located consistent with the setback of the existing building.
8. The granting of the Variance will not serve merely as a convenience to the applicantt
and is necessary to alleviate demonstrable hardship.
9. The contents of Planning Case File #00-001 are hereby entered into and made a part
of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance for the proposed structure as shown in Exhibit A:
1. A 55t setback from the south property line rather than the required 75t setback..
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. The resolution must be recorded and proof of recording
submitted to the Planning Department. An Assent Form must be signed andt pursuant
to Section 1108.400 of the City Codet the variance will be null and void if the
necessary permits are not obtained for the proposed structure within one year after
adoption of this resolution.
Adopted by the Board of Adjustment on January 24t 2000.
I: \OOfiles\OOvar\OO-OO 1 \rs0002pc.doc
2
ATTEST:
Donald R. Rye, Planning Director
1:\OOfiles\OOvar\OO-OO I \rs0002pc.doc
Mark Cramer, Chair
3
17021 Fish Point Road
4
...-
WATERFRONT
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Correspondence
L:\TEMPLA TE\FILEINFO.DOC
. '
FILE COP~
March 9, 2000
Kevin Horkey
Keyland Homes
17021 Fish Point Road SE
Prior Lake, MN 55372
RE: Recording of Approved Variance and Assent Form Acknowledgment
Dear Mr. Horkey:
The purpose of this letter is to advise you that Resolution 00-016 approving a
variance on the property located at 17021 Fish Point Road SE must be recorded
at Scott County. A building permit will not be issued until proof of recording has
been submitted to the Planning Department. The variance will be null and void
per Section 1108 of the City Code within one year if the project is not completed
or if construction has not commenced (Assent Form).
Enclosed is a certified copy of the original Resolution to be recorded at the Scott
County Recorders office. The other copy is to be stamped as recorded by the
recorders office and returned to the Planning Department as proof of recording.
Also included is a copy for your records.
Additionally, the enclosed Assent Form must be signed by all property owners
and returned to the Planning Department prior to the issuance of any necessary
permits.
The site plan you submitted also requires some modification before we can issue
final approval. These modifications are as follows:
1. The parking lot along the east (rear) lot line must be at least 10' from the lot
line.
2. The trash enclosure must be located at least 30' from the east (rear) property
line.
16200 E~~RPlet~9Yf!i\~~~~~B9'Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. Landscaping Requirements:
· A bufferyard type "E" is required on the south side of the building.
· The number of plantings are based on a 20' wide bufferyard for the length
of the new portion of the building to the east lot line. However, these
plantings may be located along the entire south property line.
· The bufferyard must include at least 10 canopy trees, 20 understory trees
and 30 shrubs.
· Acceptable species are shown on the attached list. The species and size
of the new plantings must be shown on the landscaping plan.
· The landscaping plan must be signed by a registered landscape architect.
4. The comments outlined in the attached memorandum from Sue McDermott,
Assistant City Engineer, must also be addressed. Please work with the
Engineering Department on this matter.
Please submit the recorded resolution, the signed assent form and revised plans
to the Planning Department. Once all of the revisions have been made, we will
approve the site plan. You may then proceed with your building permit
application. Please work with Bob Hutchins, Building Official, to ensure all
Building Code requirements have been met.
Thank you for your attention to this matter. If you have any questions about this
matter, please contact me at 447-9810.
Sincerely,
~o.~
CJane Kansier
Planning Coordinator
Enclosure
c: Sue McDermott, Assistant City Engineer
Bob Hutchins, Building Official
1:\OOfiles\OOvar\OO-001 \reedlet.doc
)
Warrell E, Peterson
Jerom~' P. Filla
Daniel Witt Fram
Glenn A. Bergman
lohn Michael Miller
Michael T. Oberle
Steven H, Bruns'
Paul W. Fahning
Esther E, McGinnis
Jeffrey J, Cohen
PETERSQl\J;
FRAM BERGMAN
Suite 300
50 East Fifth Street
St. Paul. MN 55101-1197
(651) 291-8955
(651) 228-1753 facsimile
Direct Dial #(65]) 290-6907
jfilla@ptb-pa.com
March 3, 2000
Via Facsimile (612) 447-4245
Mayor Wes Mader and City Council Members
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1714
Re: Keyland Homes
Variance Request
Dear Mayor Mader and City Council Members:
Our firm has experience in regard to land use planning and zoning matters. I have been asked
by Steve Nelson, who is the attorney for Keyland Homes (Keyland), to review and comment on the
variance requested by Keyland. I have reviewed the following documents, which I believe to be the
existing record in this case:
1. Prior Lake Variance and Non-Conforming Use of Standards;
2. Real Estate Purchase Agreement, dated December 22, 1997;
3. Development Agreement, dated March 1998;
4. Amendment to Real Estate Purchase Agreement, dated October 19, 1998;
5. Planning Commission for February 24, 2000;
6. Midwest Planning Memo, received by City on February 16, 2000;
7. City Planner Memo, dated February 18,2000;
8. City Planner Memo prepared for meeting of February 22, 2000 and attached
Resolution;
9. City Council Minutes for meeting of February 22, 2000;
10. City Attorney Memo, dated February 28, 2000;
11. City Attorney Memo, dated March 1, 2000;
12. City Planner Memo prepared for meeting of March 6,2000.
The City's Variance Regulations are consistent with the requirements to the Minnesota Land
Planning Act. Essentially, the City needs to be able to determine that an undue hardship exists
before it can grant a variance. According to state law and the city's regulations, an undue hardship
means (1) the Keyland property cannot be put to a reasonable use under the conditions allowed by
the city's zoning regulations; (2) the request for a variance is due to circumstances unique to the
Keyland property and not circumstances created by the owners of the property; and (3) the variance,
if granted, will not alter the essential character of the neighborhood.
. ALSO ADMITTED IN WISCONSIN
Reasonable Use. The variance is being requested only in regard to the land
acquired from the Prior Lake Economic Development Authority (parcel of land
approximately 100 ft. x 228 ft.). When this parcel was acquired, the City and
property owners anticipated, and the purchase documents reflect, that it would be
developed consistent with the then current 20 ft. set back requirement. The parties
also anticipated that the parcel would be used for an expansion of the Keyland
building located westerly of the parcel. Keyland would have not purchased this
parcel from the City if it could not have been used for the expansion. Given the
geographical location of this parcel of land, there is no other reasonable use
consistent with the City's regulations.
Unique Circumstances/Not Created by Property Owner. What is unique about this
parcel is its size, its adjacency to Keyland's current use, and the fact that it cannot be
reasonably used in connection with property located south, east, or north of the
parcel. The circumstance which requires variance was not created by Keyland, but
it was due to the annexation request of the property owner to the south. When
Keyland purchased the parcel from the City, the City's regulations allowed a 20 ft.
set back. After the City annexed the property to the south, amended its
Comprehensive Plan and then re-zoned the property to the south, the 75 ft. set back
requirement was imposed by the City's regulations. All of this occurred after
Keyland purchased the parcel from the City in anticipation of expansion.
Character of Neighborhood. The area south of the Keyland property is currently
undeveloped even though a development plan has been approved. It is difficult to
adversely impact the character of an undeveloped area. In addition, Keyland has
agreed to landscape in a manner that will soften the impact of the building expansion.
It is also possible for the owner of the southern parcel to add additional landscaping
on its north property line, if they choose to do so, even if the additional landscaping
is not required by the City.
The record before the City indicates that the variance of standards imposed by state law and
the additional standards contained in the City's zoning regulations have been satisfied. On behalf
of Key land, we encourage the City Council to accept the recommendations of the planning staff and
planning commission, which are consistent with the legal analysis done by the City Attorney.
Keyland will be represented at the council meeting. However, it is out intent only to respond to
questions which the City might have, unless new information is added to the record.
Respectfully submitted,
JPF:bg
J-~
illa
cc: Jane Kansier, Planning Coordinator, City of Prior Lake
Frank Boyles, City Manager, City of Prior Lake
Suesan Lea Pace, Attorney at Law (via facsimile 612-338-7858) ~
Memorandum
FROM:
Frank Boyles, City Manager
Jane Kansier, Planning COOrdinatorCCJV
February 18, 2000
Additional Information for Council Agenda Item 7B, Keyland Homes
Variance
TO:
DATE:
RE:
cc:
Don Rye, Planning Director
On February 16,2000, we received a letter from Dick Krier, on behalf of the
appellants, D. R. Horton and John and Mary Mesenbrink, outlining their
objections to the variance for Keyland Homes. The variance will allow Keyland
Homes to build an addition to their existing building that will be located 20' from
a residential lot line rather than the 75' required in the C-5 District. This letter
was included in the agenda materials; however, the staff did not have time to
respond to this letter before the agenda was mailed. The following is our response
to the relevant points ofthis letter.
Mr. Krier claims the building materials used for this addition are inconsistent with
the Ordinance requirements. Section 1107.2202 lists the general requirements for
architectural materials. The C-5 district, however, has a specific set of design
standards for buildings in that district. These standards are listed in Section
1102.1407. According to this section, metal panels with interlocking, concealed
or tongue-and-groove seams and concealed fasteners are an acceptable building
material in the C-5 district if the exterior finish is warranted by the manufacturer
for twenty years against blistering, peeling, cracking, flaking, checking or
chipping and ifnot more than 50% of the building elevation faces the street. The
attached description of the building material for the Keyland building shows that
it is clearly consistent with the requirements of the C-5 district.
In addition, Section 1102.1407 (2) specifically references additions and
alternations to buildings within the C-5 district constructed of materials that do
not conform to the current requirements. This section states "all subsequent
additions and exterior alterations built after the construction of the principal
structure(s) shall be of the same materials as those used in the principal structure
I:\OOfiles\OOappeal\OO-008\response.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
and shall be designed to conform to the original architectural concept and
general appearance. This provision shall not prevent the upgrading of the quality
of materials used in a remodeling or expansion project". This section also allows
the materials used in the proposed addition.
Mr. Krier also references the nonconforming requirements (Section 1107.2300) of
the Zoning Ordinance and suggests variances to these requirements are also
necessary. It is true that the setback of the existing building is nonconforming.
This setback cannot be expanded without a variance to the setback requirement, as
requested by Keyland Homes. The setback variance is the appropriate variance.
A variance to the nonconforming provisions is unnecessary and redundant.
Mr. Krier also references Section 1107.2303 (5) which pertains to nonconforming
parking areas. First of all, he is correct in stating the setback ofthe existing
parking area from Fish Point Road is nonconforming (20' instead of the required
30'). However, this section of parking lot is not being expanded. No parking will
be located closer to the right-of-way than the existing area. A portion ofthe
existing parking lot is also located closer than 20' to south property line where it
is adjacent to a Residential district. Again, this section ofthe parking lot will not
be expanded. All new parking areas will meet the requirements ofthe ordinance.
Finally, this letter suggests the following criteria have not been met:
. Section 1107.305, off-street parking and loading. The use requires 49 parking
spaces and one loading space. There are 59 parking spaces and at least 4
loading spaces on the site.
. Section 1107.1904, landscaping. The use requires a Bufferyard Type "E"
along the south property line for the length of the new building. This
landscaping is provided.
. Section 1107.2202 (1), rooftop equipment. There will be no rooftop
mechanical equipment.
. Section 1107.2202 (8,f), pedestrian areas. A total of 936 square feet of
sidewalk or plaza is required. The existing sidewalks meet this requirement.
The criteria used to grant a variance are addressed in the agenda report.
I: \OOfiles\OOappeal\OO-008\response.doc
Page 2
A
VP 002~~~~~.~a~~~~~~:g~~~~ri~ar f~C!,~J!"":,, ". '. . .' ... ~~"~':
. GENER.AL DESCRiPTlqN '\ - :'fo~~ .at'pn~~"~~~~;}p"m.~st.>,<,;j"":t~r:Y~E~~FI"S .........:"' ......,'
The' unique' design of VP's ...faclhtl~~..~~<;:~t~:;?t-~3i"';;f8';';"':;':,i~~,,;.?jJ;II..';:.e.rc~i~~ctur~1 Appearan
architectural wall. panels . provides . :~ - ,~~qa9s~'ofth~paner~length;1'<,:~:;~.', I nterlc)r Applicatlons'-:,;
for. many attrCictive building andeaseotil'1staUC31i61'constr~c-~,:", .';.. ""Y .,.,., .... .., ..,., .;. ..;"
,applications. VP JOO isa tion tirn~ and~osfiihefcttoa':;1,,;'i,;):.:'f~~tC~mstru9tlon
. sculptured exterior shado'N panel . rnini~urtl""~ourt>liil~ihg' is::{i~,J;;g';';;f.-'; E~ergyEfflciei1t
which ~an be used with interior therefor~lT!ore- eC'onornical and;';:.;:\t, . Economical Cost
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IIner.panels In combination with. '.' . ready,totise-)IloreqUlckIY.'Ilnfac~.-\;H>,i;;,',;i"~"";,<'?',:), .........,. .
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fIberglass or ngld board, Insulat:on~,.;Jt:~~~,~,!!lt.~Y..~t~rnS'f.lr~ 'JJ, ,.'
, This attractive panel is>excellent,'~econ()''# '''', ,.,.,. ~conCi:ete
. . . " .' ., '. .' '. - -.' ". "~-::.;'-:" !;fY<--"
for facade and building frontage ,g),;aso
.'.' .. ;",',;h-:'i:'Y~~
applications.
VP 002 is a flush panel used
either externally or as a liner
panel, especially appropriate for
mailufacturin~;~'larehous3 interior
applications. This panel is
excellent as an accent panel for
, 'VP ,1QO walls and is widely used
for facades and soffits. With the
variety of insulation options
available, your Builder can help
you decide on the oplimal
insulation approach, considering
up-front cost and long term energy
savings. These interlocking
panels come with built-in weather
seals for weathertightness.
All fasteners are completely
concealed on VP 100 and VP 002
panels. VP 100 panels come in a
wide variety of colors.VP 002. .,
panels are available inEgyptian;'
White and Patrician Bronze as'~j/
standard. . Also, th~se p~nel~<'~,\j
come in lengths t038f~et, provid..,
in!:'! a continuous wanp,~r,:-' frOm.,:;
VARCo-PRUDEN AND
THE VP CONTRACTOR
Varco-Pruden has built its
reputation as a leader In the
nonresidential construction ma:ket
by supply-in SL'p~r'prseryice and
, .. ...;.;....;~...._,. ~,,.........-_.,,.._.__... -.---.- .....__d_..._._____,,__,._ --..--.- --- -,-, P~OQu' . Z:8d VPSullders
' ',VP 100NP 002 PANEL CROSS SECTIONS ! ,acros'ca:".,",
",vP.Bufldehi't1aveconstrueted
,thousands:ofJaClUtids tai-vlrtually
"every 8l'lduse,:ranging' trom large
offlce'to'small.storage buildings.
Each and everyff:icilitycarries a.,
reputationforqualltyandvalue. .:':'
. VP wall systems~aredesigned to '.'
meet the most 8x8clill9<::ustomer
requirements:;~Ma:dEffromthe '
~ :~~~~~~~t~::":~~J~~~~~:~~~d~f
:: l a high gu..ality, h!9h.IY':~~jci.e~t:
OJ structure.}/P. ~!1I1.syslertls 'also
:1. ~~~~~r~;eij~::~~*f~o~fr~~~ ::'.< ~'~:,;~~
aes'thetic:r~ufrements: ~And, :., ~ ,';' .,: : c'
'.- ' t '" ':r> - ,~~ ",. ~ ~ t ~ r.,
-when:,non-11l8tal..vallsare desired, _,':"'" .:;;:,.
. YOLlr'VP' Buiider can' construct your!; , ',"
'building Wlthvirtually any "
altlernative material, easily.
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.NP 100 & VP 002
'TECHNICAL INFORMATION
.r:'.i';'VP.100 and VP 002 wall pAnels provide 121r ,:' not CI:":' '" \.~h.
-~\;Vlth lerigthsof up to 38 feet. Pan3ls are C'F ;'''~ ~, , ,_ 04 f:ir-tfie
HCU5tional) for \lP 100 ana 24 gage stan'jl;t:, ';..' w ".J,J~lQnal) lor VF
'002. Both panels t'avea G90 galvanized steel coating and KXL paint
'finish for-exterior a'~plications, KXL Is a ,1 mil. KYNARf based finish
:;c:appliedto thesOrfl1ce of G90 galvanized steel to givE. a long~life color
:;;that resists fading and chalking.
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In Compression
....Sx .' lx"
0.139 0.107
0.282 . 0.082
.,'; ';'h\.$)I LS~~ion modulus (inches3) i
· 1< > Ix;" Moment of inertia (inches'). J
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r-,- --- THERMAL Dl:SIGN VA~~-ES ;~; VP 100~P 002
Blanket Insul2tion
Thickness
Calculated.
R-Value U-Value
7.41 0.~35
11.8f'l (1.085
15.10 C.066
In-Place..
R-Value U-Value
6.08 0.165
7.74 0.129
8.45 0.118
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l
'l' '.Calculated thermal values ,:3 based on full insulation thickness.
'I' ....In-Place thermal values are based on ASTM C236 Guarded Hot Box Tests or are
L,.,' c,'alculated accou~ting fo~ effects of fasteners and insulation compression when the
", ' Tests are not available.
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C,1, .", '''cN<:.~fl ~:I a ?e"lli ~, 'c;;,ory Jp(.:".J '0 ;~'.
:)::l:'~.-'o ~L;~':~~:-"'lf loof end/'" wdi pOihJ< V;'lc:,;"! i1H~CI1'1>j :~,
_-;::.: ~~r;:;c:~::~ \"I'~ -','..,:~C::....f'U(;:fN'] ~Cil"hco:ICI~l on lir(l.,'ctl::FH
C' uny y,\k(O,?RU;>.:N buik.~ ,n tho C..on,"M,mlcllJ, 2d ::IOI"s,
(:unllncn1oi (r.Jn\lda o~ Atolke, and ~ ,upm<ld /0 no'ntol
c1enOlphIJtlc cond,rionl os delll'lEu:l b.!ow wili, ,ub,,,c! to ih,)
cone"lonl C1nd li,nile/ion.' SlJlI~ ~ :l.u.~. ltClt crock, ch",d,
billlilr, po II I. fia~" 01 cnip, er ~ l<l <;olor _Ihol'l SE Ul1ltl "S
cn"elu,~d ,n accar<::cnc(J with AS'7~ D-21.4J.79 paragleph
J J 2,j or chalk In '''C~~l 01 on AST""" !).6j'NJO no. a roting ier a
p3"od 011W0"''1(20) yearl ohelr Ihiprn.Mi.
':Oil' w<:rroniy do~\ :lojl apply, ho......""r to roof ond/Of wd pOMI.!
Il"\~,~li"d ~r' O~)' b:.Jj!ding locotcd j., th.. '..icinl;-., ..: IJ t~ul"f,
,,-elloi ,hor"l,n"" or ch.",io:ol plont or CIIl"f w:~ lhct lUCclinl
demog4 10 roof end/or well panels mal I, ltoc$obkt 10 on
iI,hnhliobllt sourCQ of corrOll"9 di~h~ ~ Of c~
wh'eh ha.", on a ,ogular balis, olfsc:.d wdI ;'vllc'lng.
"'
'"
In edd,llon, 11m worrenry Ihell not apply to:
10) rool end/or wall penels that ha"" b.'lGn clomegod In ITMdt
, or on lob II'. or he"., been improperly slored;
(b) roof eN~ w.;;1I panels Ihol nav'll bGen lub,<<ll'ld !lo ml~u$G,
n'l!iltgenc~, or r.ove tJ.lIen '''c,,~d from Ih" orisinal pIoc') of
",,'-Cllon, or rod end/or wa!! panel' Ihal hGV'" not bun
erec:,d In occord'JnC51 With 011 opplicol:-Ie VAltCo.r~U()EN
drowlng~ and Inllructions and goo~ "r"clion prod!ciK;
lei eollolerel building mol~riels, '~ccenori"l, f/'CIUlpme.1i and
ot"." "I!T!\S not soid b'l VARCC :'~UDEN o"d any delT~-
to rcef and! or weil p(Jnci) nnullln9 Ih"rofrom;
(di domog!! !~ er dll.!ects In rool ond/or well panels -=auv>~!,of
Imp'op"," 'nll'Jlla!len
:~) demege'lo or del"CIl in roof and/or well ponell couw:l by
,,,m o::cellor:olS or fOlten"" not lupplied by VAR ::0.
PRUDEN or delolroorolion ,n Ih" r.,of end/or well panal,
relofed ther~IO;
If I tho condition known 0) .",icroerecking' 01 roof and/or ..,cii
': Denel; 'Hh,c:~ il 0 common occurrenes in thl! forming
. pro",,~ of cola, coehd roof ond/or wall pone!s and is flet
/0 be cQem~d CJ defect warranted ~l:lr'!ll.;;1dar; end
, I:::; domC9<1, icd';r~ or ddOlcts cauled by ACI, of God, f'Jl!ing
ob:,)c1;, "~Iorl\ol lorcol. ~XpIOllClr:, firo, "01$, civd
COl1''''OI'Onl, ~armfui fumes, fora'gn lub,tonc"'l ,n rh..
c.~r.10Jph0'3, or corrO~lon COUV'Jd by 'Jx~o~ur{i to morltif.'
""enOlpher'=!, 1011 !pro/, ch-1mlcels, clh, or alomic led,alic,n
-h,! ",o'ronty I; /!''';~nded ~()Jely 10 tho Own..~r nomea hcrain one' "
"cn-t'ac;f~rabl! end non-<lHlgnobla, Th,s condition is 0 melcnolterm
c~ rh:~ war1cnty and confrO'f~nrion of the rerm by :1-:1) ownC)f 01 its cg3nt
or repr~,~n'al"'! ,~oil ,."I'lo.C'l VA:/CO.PRUDEN from il. obligalior"
'lcrevnce,-
7>-iE W"R~i~NileS c~scr.leED A~D '.IMJTW AflOYi: ~\ND THE
Q~...'EOIES SE: ,~Q;<rH 3ElOW FOR Rem ANI)/Oll WAll ?.b.NELS
',HALL BE iN liEU Or ALL OT:iER WARRANTIES OR ReMEDIES
N'-'f.T:-iE? ::;?i\ess~o O~ IMPUFD, INCLUO!~~G 9UT NOT lIMli~')
r:)M~Y IMPUf.D WARR,;i,NTlES OF MEI1CiiANTA81l.ITY AND
~li~~ESS FOR ,A, ?ARTICULAR ?URPOSE
Upon wlIlfan nolificatian r9Ctlv"d by VAilCO.PRUDEN wilhin rho
ObO~,,"IIOI\ld werranry poriod and mado by Iho Ownar within Ihirty
(J 0 I days from detllction of any failure 01 the mal9riols 10 conform 10
:h" eb'o"9 warran~/, u~on pnnenlolion b, Ihe O>yner ollhis fully
~xeculGd warranty ogr-oemtlnl. and upon inspoclion by VAlKO.
PRUl)EN 10 verify said nonconformity. VAlleO.PRUDEN ll~oll, 01 its
~ol~ option, r.poir, r'pl<lc, or rSIX'!nl roof and/or woH poMIs ptovtd
10 ~ dol~ctiv. withoul charge to tho Own.r, Before any color change
Built On Sucerior S\::r/ice
\J"i.'_hl~CJl~ad In fC:ClIl\ ;T';.,o~v,.,d. ''In,! chc;~ ,::r dirt on pC~;:li, 'r,.;;I co)
- ~(:'\O""f)c; '').~ ....n j'I;"'J:;~:"!'';''J;:-- ,,'111", ,';.<>lD ~ch,.,~cn ]1 ,-~:K~;,r>mtln,..!!J\;
'':'''' -:;,')1)"': :l'~~ii'H ':';0<:1 "";UlrHJ dr'j "N1:1-: "J ;oi-! (.:!O!h7h~ H':!;')(;"-j :-
'l"~O;~}r:I)n .i1"'l1Jd :::-i ~:.t '/A1!CJ ?,UC'rN'~ ':'11'''' dl~Ct)tlCI"l.:-.J'I'_~f~:l''';'(-, ;f
n'J.~conicrmjti(Js. in the man"a' ond f.~r :hl') ottrlod aoo"~ Shad
CC.ll:.lIIoJIIt h)if,lImlln' of all'JbhgohOns .)1 '1i\~CO.?':{UOEi'j II') In.. Own""
wh~th..r balet! ~pon cOlllract, lort (includinq '1091;9011';.,1. II"CI itabolil)
or olh!HWI\1, ,'ny r<lpoi1OO, r"paonl.d or r..plac~~ :JCr''''' IUppllcd ,I'
lolis:c;chO<1 0/ !h" oblig~tic ns und",r lhu warrcnry \(,01; ba wb'l'le! 10 Ih'l
wcrr,miy only ler Ih. rllmo,nd." of rt-.. P<I"od appi;ca~i\S 10 the produe!
erig,nally purcnaled, Failure of th.. Own~r 10 9'''0 Ilmeiy nellee to
'/ARC0.PllUDEN of fO"lJr~ t(; cen/orm rei;-:ves VARCO.PRUCEN of
:ony ond 011 obligl1tionl und:>r II", warronry
~
TliE REivlEDIE5 :)El ~U~lH HERE!N ARE EXCLUSIVE. WiTHOUT
~EGA~D TO WHETl-'~~ 'I,," DE"',CT W,)..S DISCOVERABLE OR
LATENT ,A T THE TIME '-: UelVERY OF THE MATERIALS TO THE
OWNER. Thw enenlial purpOI. of tnlS axcluSlv" rem.dy ~hall be 10
provldll the Ownar with repe,r or :.plac~' 'ant of panlilll met pro". 10
bo dofoctive within rhlll p8""d eoI'd vl1j6; '''011 cona:rions provlously HI!
forrh, This exclusive remedy lhall not he"e fl..J of .11 euenhal pl'rp018
(0. the: tt)/m ;s used in Ihe Unilo:m CommerCial Cod.l pra.'ded
VAIlCO-PRUOEN remains Willing ro rGpoir or replaca d:>feclivo ponell
wi/hiI' 0 comm~rcioll'l r'!lolf'(1'Jbl. lim!! aher it obla'nl aCluel
knowledgo of Ihe ,",xlllenee of e porticulcr defe-:!
IN NO EVENT StiAlL VARCO.PRUDEN BE lIA8lE FOR ANY
SPECIAL, CONS:~U!:NTIAl, !NCIDENTAl OR INDIRECT DAMAGES
WITH lilESPECT TO THIS SALE OR ANYTHING DONE IN
CONNECTION HERt:W!T11 !INCLUDING, WITHOUT LIMITATION,
EXECTION SERV'CES PRO"'I('\ED BY BUilDER 0;: BY V,l\RCO.
P!l';D~NI. Wr'EiHE~ 3ASED UPON CO~HP.ACT, TORT
(INCtJDING :-~cGUGENCE). STRICT lIABllI'lT' OR OTHERWISE
i:j(C:~PT TO THE EXTENT MODIFIED HEREIN, THE WARRANTY
COVERAC:,' ...Pl'lICA8~E TO THIS BuiLDING SI'lAlL BE AS STATED
IN VAI:C).PRUDEN'S 'qANDARD WARRANTY." AND All
UMITA'l"ION::i, rXCLu5h':'" is AND DISCLAIMERS INClU~ED IN
SAiD .S"C,: NOAkO \"'I..,~RA, .' fT"' SHAll APPt Y "'.11TH FUll FORCE
HE~E"'c- EX,:r.PT FOR HiE AF!'IRMATIVE o ,LIGATIONS
Ul'iO':l1.: ',:<€N ~V 'o~C").PRUuEN HEREiN, ANY
INCON$;"TcNry BETWEEN THE TE~MS Or THIS WAR!(.4.!'<ITY AND
THl: TERM,; OF SAiD 'STANDARD WARRANTY' SH;'.Ll 8E
RESOLVED iN FAVOR OF THE TERMS OF SAID 'STANDARC
WARl1ANTY,.
~
Oate I"uad
Yorcc-PrudGr; ,~uiF.Or;zc::tion
O'~'n,~r
W JOD ri
Joo Locction
S' ill:: I
CTtY
SIOle
euild~r'~ Namo
Vcrcc-Pruden luildines, a Division of
United Dominion Industrie::!. Inc.
IC29 iO/92,500,AP
<
;..~~
Honorable Mayor & City Council
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN 55372
~
RE: Appeal, Variance Key Land Homes
Dear Mayor and Council:
Midwest Planning & Design, LLC was asked to review the application for variance and
to prepare a letter to the Council. In our review of the information supplied to us, we
have found the following:
. There are several additional variances, which are required and which have not been'
applied for
. The criteria for granting a variance to the side yard requirements of the City
Ordinance have not been satisfied.
. There may be a conflict with the City Council acting on an appeal and also members
serving on the EDA, which sold the property to the applicant. Also, there is a
conflict with the City Staff recommending a variance and providing staff services to
the EDA.
At your February 22nd, meeting, you are being asked to approve a variance to the
required yard of an industrial building which is adjacent to D.R. Horton residential
development, Deer:field. We are asking you to deny the requested variance. The request
for a variance is clearly an attempt on the part of the applicant to over use the adjacent
property to the determent of future homeowners and to the determent of DR Horton and
the Messenbrinks. Midwest Planning & Design, LLC representing the adjacent property
owner makes this request to deny the variance for the following reasons:
1. D.R. Horton's new residential homes are required to maintain a yard and to provide a
landscaped buffer yard. We diligently provided this separation and the landscaping
knowing that the requirement from the adjoining property would be 75 feet for any
new buildings. D.R. Horton also purchased this property with the understanding that
although the existing industrial structure was only 20 feet away from property any
new structures would be required to be 75 feet from the south property line. We also
understood that the City performance standards would help the interface between
these land uses. A variance to this standard will have a negative affect on D.R.
Horton's development and the Messenbrink's property and on the value of the homes
to be built.
2. We are required to provide class one construction on the to be built homes. The
Councils intent of requiring class one is to make our "for sale" owner occupied homes
appear attractive from the adjoining property including this industrial property. Yet
the adjacent user is allowed to build a high bulk metal building only 20 feet from
south property line. This standard is ir)consistent. Although section 1102.1407(2)
Additions and Alteration. Provides that the addition should be made of the same
Midwest Planning & Design, LLC
::-
materials as the principle structure, it is hard to believe that the Council's intent was
to allow a metal building 20 feet from the property line adjacent to a residential use.
3. The purpose of required yards especially as separation from incompatIble land uses is
to create buffers. Your ordinance realizes this requirement and requires additional
space and landscaping between incompatible land uses. Yet this application is to vary
the standard that is so important to maintain property value and habitable space for
new residents. The staff report indicates that this property was purchased before the
zoning was changed to residential. 1bis is true. However, both the EDA and the
Applicant were aware that the Messembrink land was planned for residential use
before the ~ acre was sold to the Applicant. The sale occurred in 1998. The
Township land use on the Messenbrink property has been residential for a number of
years. The City's Comprehensive Plan showed this property as low to medium
density residential use in late 1997.
4. The existing building is a non-conforming structure. Based on the following Sections
of the Prior Lake Zoning Ordinance, the proposed expansion is illegal.
. Section 1107.2302 (2) "A nonconformity shall not be enlarged, extended,
expanded or changed in any manner or dimension except to comply with
provision of this Ordinance". Expansion of this nonconforming structure is illegal
unless the City grants a variance to this section of the Ordinance.
. Section 1107.2303 Special Requirements. (2) Nonconforming Structures. a.
Permitted construction. ''In the following cases, construction is permitted on a
legal nonconforming structure. Construction, which does not extend, expand, or
intensify the nonconformity. The existing building a nonconformity and is being
allowed to expand with out a variance to this section of the Ordinance. 1bis is
clearly illegal.
. Section 1107.2303(5) Nonconforming parking. "Any use on any property which
contains a nonconforming parking lot shall not be expanded or intensified unless
the property is brought into compliance with the standards contained in subsection
1107.204." The existing parking lot is nonconforming in that it is 20 feet from
Fish Point Road. The requirement in this zoning district is that the parking lot be
at least 30 feet from Fish Point Road (Sectionll1 02.1406). Section 1107.204
requires that parking abutting an ''R'' District be at least 20 feet from the side lot
line and a Type "C" buffer yard be provided adjacent to the parking lot. The
applicants existing parking is less than 20 feet from the side lot line. The Zoning
Ordinance requires that this parking lot be brought into conformity. The proposal
does not show that the existing parking lot is being brought into conformity.
Likewise, the Ordinance's required buffer yard is not being provided adjacent to
the existing parking lot.
5. Not only is this an application for a yard variance, but the proposal seems to vary
several zoning performance standards with out application for a variance. We
understand that these variances have not been applied for but they will affect the
relationship between the properties. We suggest that this application be sent back to
the Board of Adjustment so they can act on all of the variances at the same time. The
ordinance clearly requires variances to the following section to allow this building. to
be built on this lot:
Midwest Planning & Design, LLC
. Besides the specific performance standards, the proposed use does not
conform to the following Standards:
. Section 1107.305 there is no indication from the plan provided to
us that the requirement for off street parking and loading are met.
. Section 1107.1904 There is not indication from the plan furnished
to us that the landscape requirements are being met.
. Section 1107.2202 (1) there is not indication from the plan
furnished to us that the standards for roof top equipment is being
met.
. Section 1107.2202 (6). There is not indication from the plan that
required class I material is being used. Nor is there a description in
the staff report, which indicates that these standards have been met.
Section 1102.1407 (2) requires that "all subsequent additions and
exterior alterations shall be the same as those of the principal
structure...This provision does not prevent upgrading of the
quality of material". The City Staffis interrupting this section to
mean that a non-conforming structures can be enlarged with a side
yard variance. This interruption is wrong. The existing structure
is a nonconforming structure. Section 1107.2300 clearly provides
that this existing structure must be brought into conformity to be
allowed to expand or intensify.
. Section 1107.2202 (8)(1). From the plan furnished to us there no
indication that pedestrian areas are provided as required by the
Ordinance.
6. In the interface of incompatible land uses it is important to maintain separation not
only for the livability of the residential property but also the usability of the industrial
property. Standards are important to be maintained by both parties so that the
industrial user, the resident and the city are provided the longest and highest value
from the property. Variances are not the rule but the exception.
7. We know from experience that the over use of property with building or parking lot
bas determaental affects on the surrounding property and the city. These affects are
as follows:
. Blighting influences on the industrial and residential property because of not
enough room to provide business operations and to provide effective yards
between buildings and uses
. Blighting influences because of the lack of parking and the use of the public street
for over flow parking which bas been the case for a number of years in this under
designed industrial park.
. Blighting influences because of the not enough room to provide public fire
protections because of the reduced yards, which are filled with landscaping. One
of the reasons to have larger yards is to provide both landscaping buffers and a
means of fighting fire
. Surface water run off is increased because of the lack of impervious surface.
Midwest Planning & Design, LLC
.
The State Legislature has realized that the variance is a tool that can be only used if
"undue hardship" exists. The City Ordinance requires that all nine conditions for granting
a variance must be met in order for the Board of Adjustment to grant a variance. The
following conditions have not been met:
1. There is not an undue hardship as defined by the City Ordinance or by the
State Statute. This is not an extra ordinary exception as is required by the
city ordinance. This lot is similar to most of the lots in the industrial area
The property owners simply wants to over use this lot and not adhere to the
city standards which are meant to protect other property owners in the area.
2. Conditions applying to this structure or to the land are not peculiar to this
property. The applicant and EDA were aware that the adjacent land was
planned residential when the property was purchased for the expansion. It is
unlikely that this is the only property in Prior Lake where the interface
between land uses does not conform to the existing ordinance.
3. This property is being used at the present time. The property owner is not
being denied the use ofhis property.
. Granting the variance will increase the danger of fire and will endanger public
safety. With only 20 feet between property rather then the required 75 feet the
ability to fight fires on the south side of the metal building is impaired when
the required landscaping matures.
. Granting this variance including harm to the ability to sell adjacent property
will impact the neighborhood. Granting this variance will reduce the value of
the adjacent property. Like wise, the proposed building is not too standard as
it relates to the architectural design standards, Section 1107. By not requiring
a variance to these standards and the nonconformity standards, the Board of
Adjustment violated the City Ordinance.
. Granting this variance will not be in keeping with the Comprehensive Plan,
which requires buffers between land uses. and requires high design standards
. This variance is to serve the convenience of the applicant. An undue hard
ship as defined by the State in the Enabling Legislation does not exist.
Reasonable use of the property can be made with out granting the variance.
. The hard ship results from the actions of the owners to over use the property.
Granting this variance will do harm to the value of the adjacent residential property and
to the general welfare of the community as well as to the public safety. For his reason
we are asking the City Council to deny the variance.
Sincerely,
Midwest Planning & Design, LLC
,jl..~l~\ ~
- !~~
Richard Krier, AICP
CC D.R Horton Homes
Donald Rye
Midwest Planning & Design, LLC
FilE CO Y
January 12, 2000
Kevin Horkey
Keyland Homes
17021 Fish Point Road SE
Prior Lake, MN 55372
I
HomeJ
RE: City of Prior Lake Review for Application Completeness for Keyland
Addition Variance
Dear Mr. Horkey: I
On January 12, 2000, the City of Prior Lake determined all of the necessary sUbmittal~
for the above referenced variance application have been submitted. This letter serve
as your official notification that the application is now complete. I
i
This variance application is scheduled for a public hearing before the Planning
Commission on Monday, January 24, 2000. We will send you a copy of the agenda andl
staff report prior to this meeting.
The City approval process can be substantially less than 120 days, and we intend tol
move this matter through the process in a timely manner which provides a complete,
professional review. Occasionally, however, due to meeting schedules, it is sometimes
necessary to extend the 60 day review period. This letter also serves as your official
notice that the City is extending the 60 day deadline for an additional 60 days from
March 12, 2000, to May 12, 2000.
Sincerely,
~Kaee~'A~
Planning Coordinator
I
I
16200 E!i,"IJl~r'e~~~rhke, Minnesota 55372-1714 / Ph. (61214474230 / Fax (6f~?a414245
AN EQUAL OPPORTUNITY EMPLOYER '1
i
January 19, 2000
Keith Horkey
Keyland Homes
17021 Fish Point Road
Prior Lake MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the January 24, 2000
Planning Commission meeting. You or your representatives are expected to attend the
meeting. You will be given the opportunity to speak regarding your proposal and the
staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at
16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot
attend the meeting, please call me so your item can be deferred to the next Planning
Commission meeting. If you have any questions, please contact me at 447-4230.
Sincerely,
D2~
Planning Dept. Secretary
Enclosure
I:\deptwork\blankfrm\m~tltr.doc Page 1
16200 Eagle Creek Ave. S.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~J 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FROM DAVID LINNER ARCHITECTS
,."""'......'.......-::.~.;.;.:...,.
.. ........w-.......,..
PHONE NO.
Jan. 11 2000 04:39PM Pi
David Linner
Architects
10100 Motgan Avenue S.
Minneapolis, MN 55431
PHONe: (612) 8&4-5455
FAX: (612) 8&4-0880
1 OF 2
pAG1ES
"-'.-"-
-~_. -~u~-'440-:::-qif-o~'
~~i!ot : ,.GO",nie. ,'_ ,__., _,,, _ ,_
SUbject: Keyland Homes site Plan
Please c.all if any ~Llestions.
Date : 1 I 11 I 00
David Linner
Architects Inc.
10100 Morgan Avenue S.
" Minneapolis, MN 55431
l..~.rr~i{ Or'fi{;\i'jE.JJ''.JUrr ;\l..
?HONE: (612) 884-6465
FAX: (612) 884U860
date
1/11/00
project nmnber, CfCf25
TO- l<EY1N H~Y
~D HOMES
11021 FISH POINT R.OAD S.E.
PRIOR. LAKE, MN 55312
"
SITE PLAN
\I
WE ARE~G YOU ATTACHED VIA: 0 First class mail 0 Priority mail Overnight Iia
0 Copy ofletter 0 Change order 0 Specifications 0 Fax 0 Pick-up
0 Shop drawings 0 Plans 0 Addendwn
~ Pri.utM 0 Samples 0 OtheT
Coples date descnption
6 1/10/00 24 X S6 SWE LINES OF SITE PLAN
o l<'or~
~
~
o
o
THESE ARE TRANSMITTED as checked below:
o No exception taken
o Make corrections noted
o Revise and resubmit
o For bids due
F or your use
For review and comment
o Submit specified item
o Rejected
o Return corrected prints
o Prints returned after loan to us
As requested
OtheT
,
RRMA RKS'
COPY TO[ RNCr.OSITRRS
0 YFS 0 NO
0 VF.S o NO ~
0 YliS 0 NO SIGN'ED
0 VF.S 0 NO If enclosures are not as noted. kindly notifY lIS at once.
..
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.. ...... ........ _. ....... .... _0" ......... ...... ..... _.... ....
DATE: December 20, 1999
TO: Jane Kansier, Planning Coordinator
FROM: Sue McDermott, Assistant City Engineer
RE: Site Plan Approval, Keyland Homes
City Project # 99-44
~~~~. ~~~~ ~~l
.............-..................,............-..
. . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . - . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . .
.........-......................................
. . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . - . . . . . . . . . . . . - . . .
.~.-..-.-................-........................
.. . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . .
................................................
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........-................-....................
. . - . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........-.....................................
Iliillil!llill~llll!il
The Engineering Department has reviewed the subject plan and have determined that the
following items must be shown on the plans:
1. Existing elevations and features such as buildings, curb, trees, fencing, etc., on the
site and a minimum of 50 feet around the perimeter.
2. Existing sanitary sewer, watermain, storm sewer on the site.
3. All existing and proposed easements.
4. Proposed contours and proposed curb spot elevations.
5. Drainage arrows, direction and percent of slope of all drainage
.6. A rip rap area (8' x 20') with concrete pad at all curb cuts.
7. Silt fence detail and hydrant detail.
8. Type of concrete curb proposed.
9. Parking lot pavement section.
10. Plan must match Certificate of Survey (elevations).
11. Sod all disturbed areas.
12. Grading limits.
g:\memos\sue99\keyland.doc
.. .
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Fyr
December 17, 1999
Kevin Horkey
Keyland Homes
17021 Fish Point Road SE
Prior Lake, MN 55372
RE: Site Plan Application
Dear Mr. Horkey:
The City of Prior Lake has reviewed the plans submitted for the addition to the
existing building at 17021 Fish Point Road. Attached to this letter is a
memorandum from Sue McDermott, Assistant City Engineer, detailing additional
information that must be submitted before we can complete this review. Also
attached is a memorandum from Bob Hutchins, Building Official, detailing issues
pertaining to the Building Code.
The Planning staff has also identified the following additions or changes to the
plans:
. Section 1102.1406 of the Zoning Ordinance requires a 75' setback for all
structures abutting a "R" Residential Use district. This requires a 75' setback
from the south property boundary.
. Section 1107.2003 requires a Bufferyard Type "E" along the south property
boundary. A landscaping plan, prepared and signed by a registered
landscape architect, identifying the required landscaping on this site must be
submitted.
. Will there be roof-top mechanical equipment? If so, a plan identifying how
this equipment will be screened is required.
. Prior to the issuance of a building permit, a survey of the entire site showing
existing and proposed structures and prepared by a registered land surveyor
is required.
For your information, I am attaching a variance application to this letter. This
application also includes information on the necessary submittals and the
process f9r a variance.
16200 ~~I~~~eR~~~-~~~~r'ib9'1:ake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~~~,h-4245
AN EQUAL OPPORTUNITY EMPLOYER
If you have any questions about the application or the process, please feel free
to contact me at 447-9810.
Sincerely,
{l.~
~nSier, AICP
Planning Coordinator
Enclosure
c: ORe Members
1:\99files\99sitepl\99-096\review.doc
Page 2
Miscellaneous
L:\TEMPLA TE\FILEINFO.DOC
F f'r:.,. . r: ~ ~ p y
~~j.~~~ YUi w
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: Keyland Homes Addition
An application for a variance to allow an addition to the
Keyland Homes building to be located less than 75' from a
residential district lot line on the property located at 17021 Fish
Point Road.
APPLICANT: Keyland Homes
17021 Fish Point Road
Prior Lake, MN 55372
440-9400
PROJECT ENGINEERS: John Larson
Pioneer Engineering
681-1914
CONTACT PERSON: Kevin Horkey
440-9400
SITE INFORMATION
PID#: 25-296-003-0
LOCATION: 17021 Fish Point Road
This property is located at the current end of Fish Point Road,
south of CSAH 21.
EXISTING ZONING: C-5
COMPREHENSIVE PLAN: C-BO
PROJECT REQUEST: Review and approve site plan.
DISTRIBUTE TO: APPLICATION FOR:
X Frank Boyles X Bud Osmundson Administrative Land Division
X Sue Walsh 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 Doug Hartman Site Plan
Jane Kansier X Fire Chief Preliminary Plat
X JenniTovar X Bill O'Rourke PUD
DNR - Pat Lynch Minnegasco Final Plat
County Hwy. Dept. Watershed Dist. X Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co.
Triax Cable Met. Council
Date Received 1/5/00 Date Distributed 1/12/00 Date Due 1/19/00
Complete Application 1/12/00 Date Distributed to 1/12/00 DRC Meeting
Date DRC
Publication Date 1/8/00 Tentative PC Date 1/24/00 Tentative CC NA
Date
60 Day Review Date 3/12/00 Review Extension 5/12/00
I :\OOfiles\OOvar\OO-OO 1 \referral.doc
Page 1
",\
I have reviewed the attached proposed request (Keyland Homes Addition Variance) 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:
CD !ft1l1l,tC,tf-,lif/- WI t-L lf4-de- TO ~~e.
,1J~-sc~/,or/QAlS F'OA... Z- E--/!-se..~ .r,vT~ ~ 7/fr r/Al--s7
I$' now,.; 'II€. /"tllJlJt.-G..- 0;& r#€..-. hArdl T/tI;J r-
iH 1<, VJ/~' /V~-EL1 '715 ~E.. VAC-;1-Te<:} IS '!
f1~c-€.5S a~ ;dvt-dL-IC-- ~&.4/f./;'V~, /I'{--€- L~
E~ €-r-t- EN r I/IJ 0 &It t.4 ,d €.- tV~ .G:- /f'';; ..F.._r.nP,;,v' '7
( ..(}.~.1-1 /..I4-C<.~ r--- t'f. 7" Iv IT'? ) 0 A.I Tt+~ ,/U~-<A..j E:A S ,- ~ '1.
-f:~:~~::EP~: k~;/N~~
Signed:
-5w~AJ~
Date:
I/Z~ /60
f I
Please return any comments by Wednesday. January 19. 2000, to
Jane Kansier,ORC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\OOfiles\OOvar\OO-001 \referral.doc
Page 2
I have reviewed the attached proposed request (Keyland Homes Addition Variance) 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: L Approval
Denial
Conditional Approval
~
Signed:
~.jw~D~
Date:
a/v /oo
Please return any comments by Wednesday. January 19.2000, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
fax: (612) 447-4245
1:\OOfiles\OOvar\OO-001 \referral.doc
Page 2
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NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A VARIANCE TO THE REQUIRED SIDE YARD SETBACK ADJACENT
TO A RESIDENTIAL DISTRICT IN THE C-5 (BUSINESS PARK)
DISTRICT FOR THE CONSTRUCTION OF AN ADDITION TO AN
EXISTING BUILDING ON THE PROPERTY LOCATED AT 17021 FISH
POINT ROAD SE
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on: Monday,
January 24, 2000, at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: Keyland Homes
Kevin Horkey
17021 Fish Point Road SE
Prior Lake, MN 55372
SUBJECT SITE: 17021 Fish Point Road SE, Prior Lake, MN, legally described as
follows:
Lot 2, Block 2, WATERFRONT PASSAGE ADDITION, Scott
County, Minnesota together with that part of Lot 1, said Block 2,
described as follows:
Beginning at the southeast comer of Lot 2, Block 2, of said plat;
thence North 00 degrees 10 minutes 44 seconds East plat bearing
along the east line of said Lot 2, a distance of228.00 feet to the
northeast comer of said Lot 2; thence South 89 degrees 49 minutes
16 seconds East along the easterly extension of the north line of
said Lot 2, a distance of 100.52 feet; thence South 00 degrees 10
minutes 44 seconds West a distance of228.00 feet to the
intersection with the south line of said Lot 1; thence North 89
degrees 49 minutes 16 seconds West along the said south line, a
distance of 100.52 feet to the point of beginning.
REQUEST:
The applicant is proposing to construct an addition to the existing
office/warehouse building. The proposed addition will be located
20' from the south property line rather than the 75' as required by
Section 1102.1406 of the Zoning Ordinance.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
16200 E~8RN~:1-~2~3JXe~~og~tP.~~9167ti~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prepared this 5th day of January, 2000.
Jane Kansier, Planning Coordinator
City of Prior Lake
Mailed January 12, 2000.
1: \OOfiles\OOvar\OO-OO 1 \00-00 1 mn.doc
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
V\; of the City of Prior Lake County of Scott, State of
Minnesota, being d worn, says on the ~ day 0 2000, sh~ served
thJ{ ttached list of persons to have an interest in the
11--'1 -cA - /1> by malting to a copy thereof,
enclosed in an envelope, stage prepaid, and be depositing sam in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of , 2000.
NOTARY PUBLIC
L:\DEPTWORK\BLANKFRM\MAILAFF.DOC
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A VARIANCE TO THE REQUIRED SIDE YARD SETBACK ADJACENT
TO A RESIDENTIAL DISTRICT IN THE C-5 (BUSINESS PARK)
DISTRICT FOR THE CONSTRUCTION OF AN ADDITION TO AN
EXISTING BUILDING ON THE PROPERTY LOCATED AT 17021 FISH
POINT ROAD SE
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on: Monday,
January 24, 2000, at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: Keyland Homes
Kevin Horkey
17021 Fish Point Road SE
Prior Lake, MN 55372
SUBJECT SITE: 17021 Fish Point Road SE, Prior Lake, MN, legally described as
follows:
Lot 2, Block 2, WATERFRONT PASSAGE ADDITION, Scott
County, Minnesota together with that part of Lot 1, said Block 2,
described as follows:
Beginning at the southeast comer of Lot 2, Block 2, of said plat;
thence North 00 degrees 10 minutes 44 seconds East plat bearing
along the east line of said Lot 2, a distance of228.00 feet to the
northeast comer of said Lot 2; thence South 89 degrees 49 minutes
16 seconds East along the easterly extension ofthe north line of
said Lot 2, a distance of 100.52 feet; thence South 00 degrees 10
minutes 44 seconds West a distance of228.00 feet to the
intersection with the south line of said Lot 1; thence North 89
degrees 49 minutes 16 seconds West along the said south line, a
distance of 100.52 feet to the point of beginning.
REQUEST:
The applicant is proposing to construct an addition to the existing
office/warehouse building. The proposed addition will be located
20' from the south property line rather than the 75' as required by
Section 1102.1406 of the Zoning Ordinance.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
16200 ~~~PJi~~~aA~2~og~?-~~ilJffg~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prepared this 5th day of January, 2000.
Jane Kansier, Planning Coordinator
City of Prior Lake
To be published in the Prior Lake American on January 8, 2000.
1: \OOfiles\OOvar\OO-OO 1 \00-00 1 pn.doc
2
......
1.l/6 A
259010110
a 5"'')OI--oIl-,;l-
259010120
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'-
259010210
4Y,10A
25901C
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WATERFRONT
GE 2ND ADO'N
PASSA
258120020
31,~5 ,4
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25812Q010
TC906D 10 T70 ACS Tax System
. Bi.ll NQ. Parcel No.
,~ , , , , , , " ,~,2,5,2,9,6,0,0,3,0"""""""""""
,2,0,0,0,
Inquiry
Name Taxpayer/Legal Info
A ,&, ,H, ,E~T,E;R,P,~I,S,E,S, , , , , , , , , , , , " ,0,
PRIOR LAKE MN 55372
Tax Codes District Code 2002
Twn/Sch 0800 0719
Spec Dist 509 164 505 507
User Codes
TIF District 304/0 ECON DEVELOP #2-1
Property Address
17021 FISH POINT RD SE
PRIOR LAKE 55372
Taxpayer 16285
A & H ENTERPRISES
17021 FISH POINT RD SE
PRIOR LAKE MN 55372
Legal Description
Sect/Twn/Range
Plat 25296 WATERFRONT PASSAGE ADDN
Lot/Block 002 002
& P/O LOT 1 BLK 2 COM SE COR
LOT 2 BLK 2, N 228' TO NE COR
2-2, E 100.52', S 228', W
100.52' TO POB
Alternate
Escrow
Other
NO BILL # ASSIGNED
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