HomeMy WebLinkAbout00-027 Variance
ADDITIONAL
MA TERIAL/PLANS
AVAILABLE IN
LARGE SCALE.
SEE THE
PLANNING
DEPARTMENT FOR
ASSISTANCE AT
(952) 447-9810.
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Planning Case File No.
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
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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
o Rezoning, from (present zoning) sheets/narrative if desired)
to (proposed zoning) 5;in,I<...-F4.rY\' I~ r"r;ol.GIflc-'C.
o Amendment to City Code, Compo Plan or City Ordinan~e
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
lXI Variance
o Other:
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Applicable Ordinance Section(s):
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Applicant(s): fY7A~K AIILt> RQ"I/N
Address: '(~ t.4) ,~i" s:+
Home Phon. "2~ - 7. 3'c.(
Property Owner(s) [If different from Applicants]:
Address:
Home Phone: Work Phone:
Type of Ownership: Fee _ Contract for Deed ~ Purchase Agreement--,-
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
LoT '-/ 8{o,1c. J. OfAklC4.V\.J. Bc~c..l.. ~-f~ Mr.!;~; 0"'-
PrD Z~ '5<t 00 '10
To the best of my knowledge the information provided in this application and other material submitted is correct. In
I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applicatio wily ot b processed until deemed complete by the Planning Director or assignee.
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Date
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Date
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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RECEIPT # 36191
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, FAX (612) 447-4245
DATE: ~V\Z..J~CD
Receivedo! ~~ ~~~'-
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Invoice #
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Scott County Customer Service
200 4th Avenue West
Shakopee, MN 55379
# 28896 18-MA Y -2000
REPRINT 18-MA Y-2000
Name: BUENl. ROEY~~
A Filing
Abstract
TOTAL FOR FEE
A Certified Copy Additional
Copy Additional
TOT ,A.L FOR FEE
T Copy Conformed
Conformed Copy
TOT J\L FOR FEE
T Memorial
Torrens
TOTAL FOR FEE
F~'ECEIPr TOTAL
Check
PlWMENT TOTAL
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19.50ea
19.50
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Doc. No. A474688
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Rled and/or Recorded on
Doc. No. T111836
Vol. 63 Page 42
--,
eert.19416
05-18-2000 at 01:45 [ lAM [~PM
OFFICE OF THE REGISTRAR OF TITLES
SCOTT COUNTY, MNNESOTA
Certified Filed on
05-18-2000 at 01:45 [ lAM [)(PM
Pat Boeckman, County Recorder 01
by J1t4!J. ,Deputy Fee: $20.50
Proj ect #
Pat Boeckman, Registrar of Titles 01
by ~,Deputy Fee: $20.50
X ~ ~M..Q.It\{).
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
RESOLUTION #OO-007PC
CASE FILE #OO-027PC
on file in the office ofthe City Planner, City of Prior Lake
Kelly Meyer
Deputy City Clerk
Dated this 18 day of May, 2000.
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1:IOOfileslOOvarlOO-0271truecopy.doc
RESOLUTION 00-007PC
A RESOLUTION APPROVING A 4.12 FOOT VARIANCE TO PERMIT A
VEHICULAR ACCESS ELEVATION OF 903.78 FEET RATHER THAN 907.9
FEET AS REQUIRED TO BE NOT MORE THAN 2 FEET BELOW THE
REGULATORY FLOOD PROTECTION ELEVATION OF 909.9 FEET; AND A
37.5 FOOT VARIANCE TO PERMIT A STRUCTURE SETBACK OF 37.5 FEET
RATHER THAN THE REQUIRED 75 FEET FROM THE ORDINARY HIGH
WATER ELEVATION OF 904 FEET.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mark & Robyn Buenz have applied for a variance from the Zoning Ordinance in
order to permit the construction of a single family dwelling located in the R-l and SD
(Shoreland) District at 14513 Glendale Avenue, and legally described as follows:
Parcell: That part of Section 30, Township 115, Range 21, Scott county Minnesota,
described as follows: Beginning at the intersection of the southeasterly right of way
line of the 33 foot road in Boudin's Manor 2nd Addition, according to the recorded
plat thereof on file or of record in the office of the Register of Deeds in and for said
County, with the following described line: Commencing at the intersection ofthe East
and West quarter line running through said section, with the Government meander
line; thence in a straight line and in a Northwesterly direction to the most easterly
comer of Lot 5, in said Boudin's Manor 2nd Addition, and said line there terminating,
said last described line to be hereinafter referred to as the HCOurt Judgment Line":
thence southeasterly along said "Court Judgment Line" a distance of 331.04 feet,
more or less, to the shore of Prior Lake; thence westerly and northwesterly along the
shore of Prior Lake to the southeasterly right of way line of said 33 foot road in
Boudin's Manor 2nd Addition; thence southwesterly along said right of way line to
the point of beginning.
Parcel 2: Lot 4, Block 1, Oakland Beach 5th Addition, according to the map or plat
thereof on file or of record in the office of the Registrar of Titles in and for Scott
County, Minnesota.
2. The Board of Adjustment has reviewed the application for Variances as contained in
Case File #00-027PC and held hearings thereon on April 10 & 24, 2000, and on May
8, 2000.
1:\OOfiles\OOvar\OO-027\appres.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
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 the subject property's location in relation to lakeshore and the existing
road elevations for access of 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.
5. The pre-existing platted lot of record does not meet the current Ordinance for
minimum vehicular access elevation and lot elevation in the R-S District. This
situation creates an unbuildable lot and a hardship with respect for the preservation
and enjoyment of a substantial property right of the owner.
6. There is justifiable hardship caused by the vehicular access elevation and lot elevation
required today and the platted lot of record. Reasonable use of the property does not
exist without the granting of the variance to permit a buildable lot for a single family
dwelling.
7. The granting of the Variance will not serve merely as a convenience to the applicant,
and is necessary to alleviate demonstrable hardship.
8. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
9. The contents of Planning Case File #00-027PC 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 4.12 foot Variance to permit a vehicular access elevation of 903.78 feet rather than
907.9 feet as required to be not more than 2 feet below the regulatory flood protection
elevation of909.9 feet.
2. A 37.5 foot Variance to permit a structure setback of37.5 feet rather than the required
75 feet from the ordinary high water elevation of 904 feet.
1:\OOfiles\OOvar\OO-027\appres.doc
2
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. Combine the subject parcels in common ownership with one deed and legal
description to create one parcel, with proof of recording at Scott County.
2. Submission of a revised survey with a minimum structure setback of 37.5 feet to the
ordinary high water elevation of 904 feet, and to be in compliance with all other
Zoning Ordinances.
3. Year round occupancy of the property is subject to submittal of an emergency
management plan to be approved by the City Police Chief and Fire Chief.
4. 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 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.
Adopted by the Board of Adjustment on May 8, 2000.
Uff/"
Mark Cramer, Chair
CJ~
Donald R. Rye,
1:\OOfiles\OOvar\OO-027\appres.doc
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ASSENT OF APPLICANT
File #OO-027PC
As Approved by Resolution #OO-007PC
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 ofthe exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 ofthe 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.
11 08.414 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:
(1) A change in the Use District for such lands is made by amendment to
the Zoning Ordinance by the City Council.
L:\TEMPLATEWARIANCE\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
..
,
(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 of thIS 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.
3__1 %- ~e;
DATE
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ICANT ~ ()
14513 GLENDALE AVENUE, PRIOR LAKE, MN
ADDRESS OF PROPERTY
L:\TEMPLA TEW ARIANCE\ASSENT.DOC
2
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PLANNING COMMISSION MINUTES
MONDAY, MAY 8, 2000
1. Call to Order:
The May 8, 2000, Planning Commission meeting was called to order by Chairman
Cramer at 6:40 p.m. Those present were Commissioners Atwood, Cramer and Stamson,
Planning Coordinator Jane Kansier, Zoning Administrator Steve Horsman, Assistant City
Engineer Sue McDermott and Recording Secretary Connie Carlson.
2. Roll Call:
Vonhof
Criego
Cramer
Atwood
Stamson
Absent
Absent
Present
Present
Present
3. Approval of Minutes:
The Minutes from the April 1 0, and April 24, 2000, Planning Commission meeting were
approved as presented.
4. Public Hearings:
Commissioner Cramer read the Public Hearing Statement and opened the first hearing.
A. Case File #00-027 (continued) Mark and Robin Buenz are requesting a road
access elevation variance for the construction of a single family dwelling for
the property at 14513 Glendale Avenue.
Zoning Administrator Steve Horsman presented the Planning Report dated May 8, 2000,
on file in the office of the City Planner.
The Planning Department received a variance application for the construction of a single
family dwelling with attached garage. The public hearing was opened on April 1 0, 2000.
The agenda item was continued to the April 24, 2000 meeting. This item was then
continued to May 8, 2000, due to a lack of quorum on April 24th. The following
variances are being requested:
1. A variance of 4.12 feet to permit vehicular access to be 903.78 feet rather than
907.9 feet as required to be not more than 2 feet below the Regulatory Flood
Protection Elevation (RFPE) of909.9 feet [City Code Subsection 1105.203].
L:\OOFILES\OOPLCOMM\OOPCMIN\MN050800.DOC 1
Planning Commission Minutes
May 8, 2000
2. A 46 foot variance to permit a structure setback of29 feet from the Ordinary
High Water Elevation (OHWM) of 904 feet rather than the minimum setback
requirement of75 feet [City Code Subsection 1104.302(4)].
The staff believed all of the variance criteria had been met with respect to Variance (1)
vehicular access elevation, and to Variance (2) structure setback to the ordinary high
water mark, with the condition an alternative building site location be found and by
redesigning the structure to meet a 50 foot lake shore setback out ofthe shore impact
zone.
In addition, staff recommended four conditions to be met by the applicant prior to
building permit approval and issuance for the subject lot: 1) Combine the subject lot with
the adjacent remnant lot in common ownership with one property identification number
(PIN) and legal description to create one parcel, with proof of recording at the county; 2)
year round occupancy ofthe property be subject to submittal of an emergency
management plan to be approved by the Police Chief and Fire Chief; 3) all Resolutions
adopted by the Commission shall be recorded and proof of recording be submitted, along
with the City Assent Form, to the Planning Department; 4) submission of a revised
survey with a minimum structure setback of 50 feet from the ordinary high water
elevation of 904 feet.
Stamson questioned what type of emergency plan would the applicant have to provide.
Kansier said it would be very simple and reminded the Commissioners other applicants
provided emergency access plans in case of flood.
Comments from the public:
Applicant Mark Buenz, asked that the plan be approved as proposed. Buenz explained
the street sewer plan and presented photographs ofthe area. Buenz felt no matter where
he placed the home he could not make the 75 foot setback and went on to explain the
setbacks. They felt they put the home in the best place without obstructing the neighbors'
view ofthe lake. The only item they were aware of when they originally began the
project was the access problem. Buenz also said he knew they had to raise the level of
the house. The house was designed to provide for evacuation.
Atwood questioned Buenz's opposition to staffs recommendation, specifically the
obstruction of view for the neighbor and grading. Buenz responded he felt the setback
does not represent a setback from the lake. He can move the structure back the additional
7 feet and completely redesign the house, but did not feel he would gain enough to make
a difference. He also believes the lake will be prevented from raising to that level
because ofthe sewer system.
Robyn Buenz, said she contacted Scott County about combining the lots (as part ofthe
recommendation from staff). She was told they could not combine the lots as each lot is
1:\OOfiles\OOplcomm\OOpcmin\mn050800.doc
2
Planning Commission Minutes
May 8, 2000
in a different subdivision. Horsman and Kansier explained the recommendation on
combining the lots and how the City would work with the applicant on that condition.
Bret Tupy, the general contractor who is going to build the home, explained the proposed
garage and setbacks. The Buenz's are objecting staff's recommendation of redesigning
the garage. The recommendation will create a steeper driveway and they still will not
make the 75 foot setback.
Denny Moss, 14545 Glendale Avenue, said all the land surrounding the applicant is
building is low. His house is only where it is because he brought in fill to bring it up to
an acceptable elevation. Moss did not want the City to put the applicants through a lot of
grief positioning the house because if the water is going to raise it will effect the entire
neighborhood.
The public hearing was closed at 7:05 p.m.
Comments from the Commissioners:
Stamson:
· It is an unusual piece of property. Generally the 904 is a line running along a natural
lake shore. The 904 is determined by a developed street and the natural lake line
where a number of homes exist.
· Questioned staff on the alternate building sites. Horsman explained moving the home
back at least 7 feet would bring them 15 feet from the lot line and get the home out of
the Shoreland impact zone that the DNR is concerned about. Staff recommended a 50
foot setback. The DNR said to redesign or setback at least 37 feet.
· Agreed with staff's recommendation regarding the road elevation.
· A variance is appropriate for lake setback. Seventy-five feet is unattainable for this
lot. Normally hesitant to consider a setback less than 50 feet, however, with the road
being developed and the applicant is not directly impacting the natural shore line, the
hardship is met. Moving the home back 7 feet increasing the setback, is a very minor
hardship.
· Approve variance at 37 feet.
Cramer:
· Thanked whoever staked the house out as it was helpful understanding the layout.
· There is a hardship on the lake setback.
· The DNR states in their letter they would like to get the applicant out ofthe shore
impact zone. The setback is to protect the cul-de-sac. Normally very hesitant to go
against the DNR and the 50 foot setback but there is a hardship. The shore impact
zone has been developed. Some setback variance is needed.
· Felt there was a hardship.
Atwood:
I :\OOfiles\OOplcomm\OOpcmin\mn050800.doc
3
Planning Commission Minutes
May 8, 2000
· Unique with the lake setback.
· Agreed to approve the structure setback of 29 feet.
· The burden of redesigning the structure is not necessary.
Open Discussion:
Stamson said moving the home back would not effect the lakeshore impact zone. All it
requires is a retaining wall. It is less than a variance. The DNR is trying to protect the
shore. It is reasonable and would not require any additional variances.
Horsman explained the calculations.
Tupy said if you move the house 7.5 feet to the south and possibly 2 to 3 feet to the west,
it would meet the requirements. A surveyor could calculate and attain the 37.5 feet.
Denny Moss said the homeowner has to build and maintain a retaining wall. From his
standpoint, retaining walls always fall down. Moss said it is absurd. The street has
impacted the shoreline, not the applicant's house.
Cramer said he understood Commissioner Stamson's point of view, but has a hard time
granting the setback. Prefers to support the 29 foot setback variance.
Atwood questioned staff if there is any other areas around the lake similar to this piece of
property. Kansier said there probably was, especially around the Oakland Beach and
Glendale areas where the roads were built low and are already impacting the lake. This
area is low. Kansier felt the DNR would not take a strong stand on the issue. They
would take the City to court and then take over the administration of the Shoreland
Management Rules.
Cramer said he would support the 37.5 setback from the high water mark.
Kansier said the applicant can appeal the decision to the City Council.
Cramer explained the Planning Commission's role is to follow the ordinances. The City
Council has the right to override those decisions.
MOTION BY STAMSON, SECOND BY ATWOOD, TO APPROVE
RESOLUTION 00-007PC GRANTING A 4.12 FOOT VARIANCE TO PERMIT A
VEHICULAR ACCESS ELEVATION OF 903.78 FEET RATHER THAN 907.9
FEET AS REQUIRED TO BE NOT MORE THAN 2 FEET BELOW THE
REGULATORY FLOOD PROTECTION ELEVATION OF 909.9 FEET; AND A
37.5 FOOT VARIANCE TO PERMIT A STRUCTURE SETBACK OF 37.5 FOOT
RATHER THAN THE REQUIRED 75 FEET FROM THE ORDINARY HIGH
WATER ELEVATION OF 904 FEET.
1:\OOfiles\OOplcomm\OOpcmin\mn050800.doc
4
Planning Commission Minutes
May 8, 2000
Vote taken indicated ayes by all. MOTION CARRIED.
Cramer explained the appeal process.
B. Case #00-021 (continued) Northwood Oaks LLC is requesting approval of a
preliminary plat for the project known as Northwood Oaks Estates 2nd
Addition, for the property located on the west side of Northwood Road north
of Hawk Ridge Road.
Planning Coordinator Jane Kansier presented the Planning Report dated May 8, 2000, on
file in the office ofthe City Planner.
.,.."
Northwood Oaks, LLC., has applied for a Preliminary Plat for the property located on the
west side of North wood Road, north of Hawk Ridge Road and south of Arctic Lake. The
preliminary plat consists of23.96 acres to be subdivided into 33 lots for single family
residential development.
The Planning Commission considered this preliminary plat on March 27,2000. At the
time, critical information was missing, incomplete, or incorrect. The Planning
Commission tabled action on this preliminary plat to allow the developer to submit the
necessary information.
Staff recommended approval of the Preliminary Plat subject to the following conditions:
I. Show the 100 year flood elevations for each of the wetlands and stormwater
ponds and identify the required 30' structure setback.
II. Identify driveways and garage locations on the grading plan.
III. Revise the plans to include the following Engineering changes and requirements:
a) The Proposed NWL on the plans for the south wetland, on Lot 9, is shown as
915.9. The outlet pipe invert for this wetland is shown as 916.87. These two
elevation must match each other.
b) The outlet pipe elevation for the above wetland is called out on sheet 5 of 5 as the
overflow elevation, this should be called the inlet elevation.
c) The plans call out to "Cut Swale To Adjacent Wetland" from the small wetland.
The plans need to show this swale being stabilized with riprap underlain with
erosion control fabric.
d) The outflow hydro graph and associated water elevations for the south wetland are
incorrect. The numbers should form a smooth curve instead of erratically going
up and down as shown. Check the outlet pipe used in the calculation, it shows as
1:\OOfiles\OOplcomrn\OOpcmin\mn050800.doc
5
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4A
CONSIDER A VARIANCE FOR VEHICULAR ACCESS
BELOW THE MINIMUM REQUIRED ELEVATION OF
907.9 FEET; AND A VARIANCE TO THE 75 FOOT
SETBACK FROM THE ORDINARY HIGH WATER
ELEVATION OF 904 FEET, Case File #00-027
MARK AND ROBYN BUENZ
14513 GLENDALE AVENUE
STEVEN HORSMAN, ZONING ADMINISTRATOR
DON RYE, PLANNING DIRECTOR
_X_ YES NO
MAY 8, 2000
The Planning Department received a variance application for the construction of
a single family dwelling with attached garage. The public hearing was opened
on April 1 0, 2000. The agenda item was continued to the April 24, 2000
meeting. This item was then continued to May 8, 2000, due to a lack of quorum
on April 24th. The following variances are being requested:
1. A variance of 4.12 feet to permit vehicular access to be 903.78 feet
rather than 907.9 feet as required to be not more than 2 feet below the
Regulatory Flood Protection Elevation (RFPE) of 909.9 feet [City Code
Subsection 1105.203].
2. A 46 foot variance to permit a structure setback of 29 feet from the
Ordinary High Water Elevation (OHWM)of 904 feet rather than the
minimum setback requirement of 75 feet [City Code Subsection
1104.302(4)].
DISCUSSION:
Lot 4, Block 1 Oakland Beach 5th Addition, was platted in 1976 (Exhibit A
Survey). The property is located within the R-1 (Low Density Residential) and
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
the SO (Shoreland Overlay) districts. The subject lot (parcel 2) is adjacent to a
remnant lot (parcel 1 ) that is riparian. The applicant has purchased both lots on
a contract for deed from the original owner of record, Joseph Whitney, who
resides at 14492 Glendale Avenue SE. The subject lot is approximately 86 feet
wide and 172 feet deep with a total lot area of 18,526 square feet. The remnant
lot (Exhibit B Plat) is approximately 5,663 square feet in area and is not a
buildable lot and is considered to be joined with the subject lot and the two
parcels become an individual parcel for the purpose of this Ordinance
[1101.501 (C) Lot Provisions].
The proposed structure is 52 feet wide at the garage end, 70 feet long, and 22
feet wide at the porch/deck end (approximately 2,121 square foot area). It has a
three-car garage with a one stall tuckunder from the second story. The proposed
floor plan includes three bedrooms and two baths on the second floor, an office,
laundry/utility rooms, in addition to common rooms such as the kitchen, dining
and great room area on the main floor (Exhibit C Building Plans).
The main floor level is a slab on grade with no below grade basement area. The
proposed lowest floor elevation is 911.16 feet, which is 1.26 feet above the
required Regulatory Flood Protection Elevation of 909.9 feet. The proposed
impervious surface area is 20%, well within the maximum allowable impervious
surface area of 30% (Exhibit 0 Impervious surface worksheet).
An alternative building site exists on the lot by moving the structure toward the
street and to within 15 feet of the south lot line and out of the shore impact zone.
This should increase the structure setback from between an estimated 7.57 - 10
feet to approximately 36.57 - 39 feet from the OHWM, rather than 29 feet as
proposed. In addition, the garage area could be redesigned to add to the
setback an additional 1 0 feet, increasing the setback to approximately 46.57 - 49
feet, and with minor house revisions an additional 1 - 3 feet could be added to
meet a 50 foot setback. A small retaining wall may be needed at the south
property line to maintain the 910 elevation (909.9') surrounding the structure as
required by City Code Subsection 1105.401 Permitted Uses. In the revised site
location and garage/house redesign the driveway slope shall not exceed 10%
grade elevation from the slab to the street.
Another alternative is to move the structure to within 10 feet of the south lot line.
This option may eliminate the house redesign, but will require a redesigned
garage and trigger a third variance to the side yard setback because of the 70
foot long building wall that requires a minimum 15 foot side yard setback (70' -
40' = 30' x 2" = 60"/12" = 5 feet + 10 feet = 15 feet). In addition, permission from
the neighboring property owners to grade their lots to maintain the 910 foot
elevation surrounding the structure would be required.
L:\OOFILES\OOV AR\OO-027\00027PC3.DOC
Page 2
The City Engineering Department has reviewed this Variance request and
responded that Glendale Avenue is a public roadway which is not in the 5 year
capital improvement for reconstruction.
Patrick Lynch with the Department of Natural Resources has submitted written
comments on this request (Exhibit E DNR letter). In essence, the DNR believes
in this particular case, because of the existing homes on Glendale Avenue that
do not have the required roadway access elevation, and because of drainage
issues created by bringing Glendale Avenue into compliance, the DNR is not
opposed to the requested access below the required 907.9 elevation. The DNR
recommends a plan be developed to address how emergency personnel, and
the home owner, will access the property during flood conditions. Regarding the
second variance for a 29 foot setback to the OHWM of 904 feet, the DNR
suggests the need for redesigning the home and garage, as well as, moving the
home toward the south property line to increase the lake setback to no less than
37.5 feet, and out of the shore impact zone.
Attachments: Exhibits A, 8, C, D, E.
VARIANCE HARDSHIP S1 ANDARDS
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.
1. The public road elevation and vehicular access is a condition over which
the applicant has no control. In addition, raising the road will affect drainage
and may increase potential flooding on neighboring properties.
2. There is an alternative building site on the subject lot which will increase
the proposed lakeside setback out of the shore impact zone but not eliminate
the need for some form of setback variance for the lot to be buildable.
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.
1. The existing vehicular access elevation is peculiar to the subject lot and
adjoining properties.
L:\OOFILES\OOV AR\OO-027\00027PC3.DOC
Page 3
2. The property is an existing platted lot of record with a location and
elevation peculiar to this site and surrounding area.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
The variances to vehicular access and lakeshore setback are necessary for
the lot to be buildable and preserve a substantial property right of the owner.
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 granting of the requested variances will not impede these stated values
nor endanger the public safety provided an emergency management plan is
prepared.
5. The granting of the Variance will not unreasonably impact on the
character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area,
or in any other way impair the health safety, and comfort of the area.
The granting of the requested variances will not unreasonably impact the
character of the neighborhood, or diminish property values or impair health,
safety and comfort of the area.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
As an existing platted lot of record the granting of the variances is not
contrary to the intent of the Ordinances or the Comprehensive plan as long
as all other Ordinances are met.
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.
Without the requested variances the lot is unbuildable for a single family
residence. A hardship exists and the variances are required to alleviate a
demonstrable undue hardship or difficulty.
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. '
L:\OOFILES\OOV AR\Oo-027\00027PC3.DOC
Page 4
The public roads elevation and the lots proximity to the ordinary high water
mark are existing conditions and not a result from the actions of the owners of
the property.
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
The existing conditions of the subject lot require the need for the requested
variances, and financial considerations alone are not grounds for granting of
the variances.
RECOMMENDATION:
The staff believes that all of the Variance criteria have been met with respect to
Variance (1) vehicular access elevation, and to Variance (2) structure setback to
the ordinary high water mark, with the condition that an alternative building site
location be found and by redesigning the structure to meet a 50 foot lake shore
setback out of the shore impact zone. In addition, staff recommends four
conditions be met by the applicant prior to building permit approval and issuance
for the subject lot: 1) Combine the subject lot with the adjacent remnant lot in
common ownership with one property identification number (PIN) and legal
description to create one parcel, with proof of recording at the county; 2) year
round occupancy of the property be subject to submittal of an emergency
management plan to be approved by the Police Chief and Fire Chief; 3) all
Resolutions adopted by the Commission shall be recorded and proof of
recording be submitted, along with the City Assent Form, to the Planning
Department; 4) submission of a revised survey with a minimum structure
setback of 50 feet from the ordinary high water elevation of 904 feet.
AL TERNA TIVES:
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.
L:\OOFILES\OOV AR\OO-027\00027PC3.DOC
Page 5
ACTION REQUIRED:
Motion and second adopting Resolution #00-007PC approving a Variance of
4.12 feet to permit a vehicular access elevation of 903.78 feet rather than 907.9
feet as required to be not more than two feet below the Regulatory Flood
Protection Elevation of 909.9 feet; and a 25 foot Variance to permit a structure
setback of 50 feet rather than the required 75 feet from the Ordinary High Water
Elevation of 904 feet.
L:\OOFILES\OOV AR\OO-027\00027PC3.DOC
Page 6
RESOLUTION 00-007PC
A RESOLUTION APPROVING A 4.12 FOOT VARIANCE TO PERMIT A
VEHICULAR ACCESS ELEVATION OF 903.78 FEET RATHER THAN 907.9
FEET AS REQUIRED TO BE NOT MORE THAN 2 FEET BELOW THE
REGULATORY FLOOD PROTECTION ELEVATION OF 909.9 FEET; AND A
25 FOOT VARIANCE TO PERMIT A STRUCTURE SETBACK OF 50 FEET
RATHER THAN THE REQUIRED 75 FEET FROM THE ORDINARY HIGH
WATER ELEVATION OF 904 FEET.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mark & Robyn Buenz have applied for a variance from the Zoning Ordinance in
order to permit the construction of a single family dwelling located in the R-1 and SD
(Shoreland) District at 14513 Glendale Avenue, and legally described as follows:
Parcell: That part of Section 30, Township 115, Range 21, Scott county Minnesota,
described as follows: Beginning at the intersection of the southeasterly right of way
line of the 33 foot road in Boudin's Manor 2nd Addition, according to the recorded
plat thereof on file or of record in the office of the Register of Deeds in and for said
County, with the following described line: Commencing at the intersection of the East
and West quarter line running through said section, with the Government meander
line; thence in a straight line and in a Northwesterly direction to the most easterly
comer of Lot 5, in said Boudin's Manor 2nd Addition, and said line there terminating,
said last described line to be hereinafter referred to as the "Court Judgment Line":
thence southeasterly along said "Court Judgment Line" a distance of 331.04 feet,
more or less, to the shore of Prior Lake; thence westerly and northwesterly along the
shore of Prior Lake to the southeasterly right of way line of said 33 foot road in
Boudin's Manor 2nd Addition; thence southwesterly along said right of way line to
the point of beginning.
Parcel 2: Lot 4, Block 1, Oakland Beach 5th Addition, according to the map or plat
thereof on file or of record in the office of the Registrar of Titles in and for Scott
County, Minnesota.
2. The Board of Adjustment has reviewed the application for Variances as contained in
Case File #00-007PC and held hearings thereon on April 10, 2000, and on May 8,
2000.
1: \OOfiles\OOvar\OO-027\appres.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
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 the subject property's location in relation to lakeshore and the existing
road elevations for access of 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.
5. The pre-existing lot of record does not meet the current Ordinance for minimum
vehicular access elevation and lot elevation in the R-S District. This situation creates
an unbuildable lot and a hardship with respect for the preservation and enjoyment of a
substantial property right of the owner.
6. There is justifiable hardship caused by vehicular access elevation and lot elevation
required today and the platted lot of record. Reasonable use of the property does not
exist without the granting of the variance to permit a buildable lot for a single family
dwelling.
7. The granting of the Variance will not serve merely as a convenience to the applicant,
and is necessary to alleviate demonstrable hardship.
8. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
9. The contents of Planning Case File #00-027PC 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 4.12 foot Variance to permit a vehicular access elevation of 903.78 feet rather than
907.9 feet as required to be not more than 2 feet below the regulatory flood protection
elevation of909.9 feet.
1:\OOfiles\OOvar\OO-027\appres.doc
2
2. A 25 foot Variance to permit a structure setback of 50 feet rather than the required 75
feet from the ordinary high water elevation of 904 feet.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. Combine the subject parcels in common ownership with one property identification
number and legal description to create one parcel, with proof of recording at Scott
County.
2. Submission of a revised survey with a minimum structure setback of 50 feet to the
ordinary high water elevation of 904 feet, and to be in compliance with all other
Zoning Ordinances.
3. Year round occupancy of the property is subject to submittal of an emergency
management plan to be approved by the City Police Chief and Fire Chief.
4. 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 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.
Adopted by the Board of Adjustment on May 8, 2000.
Mark Cramer, Chair
ATTEST:
Donald R. Rye, Planning Director
1:\OOfiles\OOvar\OO-027\appres.doc
3
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CERTIFICATE OF SURVEY
Legal Description: LOT 4, BLOCK 1, OAKLAND BEACH 5TH ADDITION,
SCOTT COUNTY. MINNESOTA.
~hi) DENOTES EXISTING ElEVATION
(1/Q.5) DENOTES PROPOSED ELEVATION
_ INDICATES DIRECTION OF SURFACE DRAINAGE
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I hereby certify that this Is a true and correct representation of a tract as shown and described
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CITY OF PRIOR LAKE
.. '. Impervious Surface CalcUlations' .... ..
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The Maximum Impervious Surface Coverage Pemutted hi 30 Percent.
Property Address 145"/f;/ 'Gt6V~ ~Pt/G
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EXHIBIT E
~jnnes()ta Depnrtnlent of Natural Resources
Metro Waters - 1200 Warner Road. St. Paul. MN 55106-6793
Telephone: (651) 772-7910 Fax; (651) 772-7977
Aprill7, 2000
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Mr. Steve Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake. Minnesota 55372-1714
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Mark and Robyn Buenz Variances. Lot 4. Block I, OaJdand Beach S. Addition. Prior Lake
RE:
Dear Mr. Horsman:
I have reviewed the information sent to me relative to the subject zoning matter, and offer the following
comments on behalf of the Minnesota Department ofNarural R.esources:
With exception of the variance requested for minimum vehicular aa;ess below elevation 901.9-, the
proposal appears to comply with the provisions of the city's floodplain zoning ordinance. Under many
circumstances, DNll recommendation in cases such as this is the elevation of the public road to bring the
building site in to compliance with required floodplain replations. Each variance, however, is reviewed
on its own meriu. In this particular case, however. because ofthe number of existing homes which front
Glendale Avenue and do not have the required roadway access elevation, and because of drainage
issues which would render bring the e,osting Glendale Avenue in to compliance. DNR. is not oppoaed to
the requested variance from the floodplain requirement of vehicular access no lower than two feet below
the regulatory flood protection elevation.
If the lake were to reach flood stage, the proposed home would be an island, surrounded by approximately
five feet of water. It is recommended a plan be developed to address how fire, police, ambulance, OT other
emergency personnel, as well as the home owner, will access during flood_ It would be appropriate that
such a plan be written for all homes on Glendale Avenue which would face similar access issues.
To avoid paying flood insurance, the homeowner may be required (by a lender) to apply for and receive
a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (fEMA)
acknowledging the home has been elevated in compliance with the city's floodplain ordinance..
I note that some of the fill proposed to elevate the site encroaches in to the adjoining property to the north.
Does the applicant own or otherwise have authorization to place fill on that parcel?
The second variance requested is for setback from the ordinary high water mark. The drawing which
accompanied the hearing notic:e indicates a minimum setbaek of 29 feet to OHW, measured from the
northeast comer of the proposed garage. I scaled offa setback closer to 23 feet trom the garage to OHW.
nNR Infmllwlil,ln: 651-296-6157 · I-RNl:<-64tdi.~('7 . Try: 651 ,.:!9(,-5"U~4 · l-gO()-657.W~~)
All E~IUl1l O"p~'r\IJlliIY EllIploy~r
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Ponied on 11.1l:yt;lotJ Pap..1 GlllllUilling a
Minimum ul 10% posl.ell"",""'" WIIS'.
SENT BY: DNR METRO;
4-18- 08:20AM; 6127727573 s>
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April 17. 2000
page 2
Please check this to ensure the setback proposed i. accurately depicted on the survey.
The proposed home encroaches in to the shore impact ~ne. If the home were redesigned with the garage
on the southwest portion oflhe lot. the lake setback could be inaeued significamly. Also, sliding the
entire house south toward the south property boundaJy would also inaease the setbadc. DNR
recommends alternatives be explored which increase the lake setback to no less than 37.S feet. the shore
impact zone.
Finally, r believe there is a typo on the survey. The width of the west side of the garage is shown IS S2.0
feet on my drawing. Should this read 25.0 feet?
Thank you for the opportunity to review and comment on the proposed variance. Please ad\fise me of the
outcome of any hearing on this matter. lfyou have any questions, please call me at 6S1-772-7917.
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Patrick 1. L~ m
Area Hydrologist
PLANNING COMMISSION MINUTES
MONDAY, APRIL 24, 2000
1. Call to Order:
The April 24, 2000, Planning Commission meeting was called to order by Chairman
Cramer at 6:30 p.m. Those present were Commissioners Cramer, and Stamson, Planning
Director Don Rye, Planning Coordinator Jane Kansier, and Zoning Administrator Steve
Horsman.
2. Roll Call:
Vonhof
Criego
Cramer
Atwood
Stamson
Absent
Absent
Present
Absent
Present
Due to a lack of quorum, Commissioner Cramer adjourned the meeting to Monday, May
8, 2000, at 6:30 PM.
8. Adjournment:
The meeting adjourned at 6:32 PM.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
L:\OOFILES\OOPLCOMM\OOPCMlN\MN042400.DOC
1
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5A
CONSIDER A VARIANCE FOR VEHICULAR ACCESS
BELOW THE MINIMUM REQUIRED ELEVATION OF
907.9 FEET; AND A VARIANCE TO THE 75 FOOT
SETBACK FROM THE ORDINARY HIGH WATER
ELEVATION OF 904 FEET, Case File #00-027
MARK AND ROBYN BUENZ
14513 GLENDALE AVENUE
STEVEN HORSMAN, ZONING ADMINISTRATOR
DON RYE, PLANNING DIRECTOR
_X_ YES NO
APRIL 24, 2000
The Planning Department received a variance application for the construction of
a single family dwelling with attached garage. The public hearing was opened
on April 1 0, 2000. The agenda item was continued to the April 24, 2000
meeting. The following variances are being requested:
1. A variance of 4.12 feet to permit vehicular access to be 903.78 feet
rather than 907.9 feet as required to be not more than 2 feet below the
Regulatory Flood Protection Elevation (RFPE) of 909.9 feet [City Code
Subsection 1105.203].
2. A 46 foot variance to permit a structure setback of 29 feet from the
Ordinary High Water Elevation (OHWM)of 904 feet rather than the
minimum setback requirement of 75 feet [City Code Subsection
1104.302(4)].
DISCUSSION:
Lot 4, Block 1 Oakland Beach 5th Addition, was platted in 1976 (Exhibit A
Survey). The property is located within the R-1 (Low Density Residential) and
the SO (Shoreland Overlay) districts. The subject lot (parcel 2) is adjacent to a
remnant lot (parcel 1 ) that is riparian. The applicant has purchased both lots on
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
a contract for deed from the original owner of record Joseph Whitney who
resides at 14492 Glendale Avenue SE. The subject lot is approximately 86 feet
wide and 172 feet deep with a total lot area of 18,526 square feet. The remnant
lot (Exhibit B Plat) is approximately 5,663 square feet in area and is not a
buildable lot and is considered to be joined with the subject lot and the two
parcels become an individual parcel for the purpose of this Ordinance
[1101.501 (C) Lot Provisions].
The proposed structure is 52 feet wide at the garage end, 70 feet long, and 22
feet wide at the porch/deck end (approximately 2,121 square foot area). It has a
three-car garage with a one stall tuckunder from the second story. The proposed
floor plan includes three bedrooms and two baths on the second floor, an office,
laundry/utility rooms, in addition to common rooms such as the kitchen, dining
and great room area on the main floor (Exhibit C Building Plans).
The main floor level is a slab on grade with no below grade basement area. The
proposed lowest floor elevation is 911.16 feet, which is 1.26 feet above the
required Regulatory Flood Protection Elevation of 909.9 feet. The proposed
impervious surface area is 20%, well within the maximum allowable impervious
surface area of 30% (Exhibit 0 Impervious surface worksheet).
An alternative building site exists on the lot by moving the structure toward the
street and to within 15 feet of the south lot line and out of the shore impact zone.
This should increase the structure setback from between an estimated 7.57 - 10
feet to approximately 36.57 - 39 feet from the OHWM, rather than 29 feet as
proposed. In addition, the garage area could be redesigned to add to the
setback an additional 10 feet, increasing the setback to approximately 46.57 - 49
feet, and with minor house revisions an additional 1 - 3 feet could be added to
meet a 50 foot setback. A small retaining wall may be needed at the south
property line to maintain the 910 elevation (909.9') surrounding the structure as
required by City Code Subsection 1105.401 Permitted Uses. In the revised site
location and garage/house redesign the driveway slope shall not exceed 10%
grade elevation from the slab to the street.
Another alternative is to move the structure to within 10 feet of the south lot line.
This option may eliminate the house redesign, but will require a redesigned
garage and trigger a third variance to the side yard setback because of the 70
foot long building wall that requires a minimum 15 foot side yard setback (70' -
40' = 30' x 2" = 60"/12" = 5 feet + 10 feet = 15 feet). In addition, permission from
the neighboring property owners to grade their lots to maintain the 910 foot
elevation surrounding the structure would be required.
The City Engineering Department has reviewed this Variance request and
responded that Glendale Avenue is a public roadway which is not in the 5 year
capital improvement for reconstruction.
L:\OOFI LES\OOV AR\OO-027\00027PC2.DOC
Page 2
Patrick Lynch with the Department of Natural Resources has submitted written
comments on this request (Exhibit E DNR letter). In essence, the DNR believes
in this particular case, because of the existing homes on Glendale Avenue that
do not have the required roadway access elevation, and because of drainage
issues created by bringing Glendale Avenue into compliance, the DNR is not
opposed to the requested access below the required 907.9 elevation. The DNR
recommends a plan be developed to address how emergency personnel, and
the home owner, will access the property during flood conditions. Regarding the
second variance for a 29 foot setback to the OHWM of 904 feet, the DNR
suggests the need for redesigning the home and garage, as well as, moving the
home toward the south property line to increase the lake setback to no less than
37.5 feet, and out of the shore impact zone.
Attachments: Exhibits A, S, C, 0, E.
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.
1. The public road elevation and vehicular access is a condition over which
the applicant has no control. In addition, raising the road will affect drainage
and may increase potential flooding on neighboring properties.
2. There is an alternative building site on the subject lot which will increase
the proposed lakeside setback out of the shore impact zone but not eliminate
the need for some form of setback variance for the lot to be buildable.
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.
1. The existing vehicular access elevation is peculiar to the subject lot and
adjoining properties.
2. The property is an existing platted lot of record with a location and
elevation peculiar to this site and surrounding area.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
L:\OOFILES\OOV AR\OO-027\00027PC2.DOC
Page 3
The variances to vehicular access and lakeshore setback are necessary for
the lot to be buildable and preserve a substantial property right of the owner.
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 granting of the requested variances will not impede these stated values
nor endanger the public safety provided an emergency management plan is
prepared.
5. The granting of the Variance will not unreasonably impact on the
character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area,
or in any other way impair the health safety, and comfort of the area.
The granting of the requested variances will not unreasonably impact the
character of the neighborhood, or diminish property values or impair health,
safety and comfort of the area.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
As an existing platted lot of record the granting of the variances is not
contrary to the intent of the Ordinances or the Comprehensive plan as long
as all other Ordinances are met.
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.
Without the requested variances the lot is unbuildable for a single family
residence. A hardship exists and the variances are required to alleviate a
demonstrable undue hardship or difficulty.
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 public roads elevation and the lots proximity to the ordinary high water
mark are existing conditions and not a result from the actions of the owners of
the property.
L:\OOFILES\OOV AR\OO-027\00027PC2.DOC
Page 4
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
The existing conditions of the subject lot require the need for the requested
variances, and financial considerations alone are not grounds for granting of
the variances.
RECOMMENDATION:
The staff believes that all of the Variance criteria have been met with respect to
Variance (1) vehicular access elevation, and to Variance (2) structure setback to
the ordinary high water mark, with the condition that an alternative building site
location be found and by redesigning the structure to meet a 50 foot lake shore
setback out of the shore impact zone. In addition, staff recommends four
conditions be met by the applicant prior to building permit approval and issuance
for the subject lot: 1) Combine the subject lot with the adjacent remnant lot in
common ownership with one property identification number (PIN) and legal
description to create one parcel, with proof of recording at the county; 2) year
round occupancy of the property be subject to submittal of an emergency
management plan to be approved by the Police Chief and Fire Chief; 3) all
Resolutions adopted by the Commission shall be recorded and proof of
recording be submitted, along with the City Assent Form, to the Planning
Department; 4) submission of a revised survey with a minimum structure
setback of 50 feet from the ordinary high water elevation of 904 feet.
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 #00-007PC approving a Variance of
4.12 feet to permit a vehicular access elevation of 903.78 feet rather than 907.9
feet as required to be not more than two feet below the Regulatory Flood
Protection Elevation of 909.9 feet; and a 25 foot Variance to permit a structure
setback of 50 feet rather than the required 75 feet from the Ordinary High Water
Elevation of 904 feet.
L:\OOFILES\OOV AR\OO-027\00027PC2.DOC
Page 5
RESOLUTION 00-007PC
A RESOLUTION APPROVING A 4.12 FOOT VARIANCE TO PERMIT A
VEHICULAR ACCESS ELEVATION OF 903.78 FEET RATHER THAN 907.9
FEET AS REQUIRED TO BE NOT MORE THAN 2 FEET BELOW THE
REGULATORY FLOOD PROTECTION ELEVATION OF 909.9 FEET; AND A
25 FOOT VARIANCE TO PERMIT A STRUCTURE SETBACK OF 50 FEET
RATHER THAN THE REQUIRED 75 FEET FROM THE ORDINARY HIGH
WATER ELEVATION OF 904 FEET.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mark & Robyn Buenz have applied for a variance from the Zoning Ordinance in
order to permit the construction of a single family dwelling located in the R-1 and SD
(Shoreland) District at 14513 Glendale Avenue, and legally described as follows:
Parcell: That part of Section 30, Township 115, Range 21, Scott county Minnesota,
described as follows: Beginning at the intersection of the southeasterly right of way
line of the 33 foot road in Boudin's Manor 2nd Addition, according to the recorded
plat thereof on file or of record in the office of the Register of Deeds in and for said
County, with the following described line: Commencing at the intersection ofthe East
and West quarter line running through said section, with the Government meander
line; thence in a straight line and in a Northwesterly direction to the most easterly
comer of Lot 5, in said Boudin's Manor 2nd Addition, and said line there terminating,
said last described line to be hereinafter referred to as the "Court Judgment Line":
thence southeasterly along said "Court Judgment Line" a distance of 331.04 feet,
more or less, to the shore of Prior Lake; thence westerly and northwesterly along the
shore of Prior Lake to the southeasterly right of way line of said 33 foot road in
Boudin's Manor 2nd Addition; thence southwesterly along said right of way line to
the point of beginning.
Parcel 2: Lot 4, Block 1, Oakland Beach 5th Addition, according to the map or plat
thereof on file or of record in the office of the Registrar of Titles in and for Scott
County, Minnesota.
2. The Board of Adjustment has reviewed the application for Variances as contained in
Case File #00-007PC and held hearings thereon on April 1 0 & 24, 2000.
1: \OOfiles\OOvar\OO-027\appres.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
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 the subject property's location in relation to lakeshore and the existing
road elevations for access of 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.
5. The pre-existing lot of record does not meet the current Ordinance for minimum
vehicular access elevation and lot elevation in the R-S District. This situation creates
an unbuildable lot and a hardship with respect for the preservation and enjoyment of a
substantial property right of the owner.
6. There is justifiable hardship caused by vehicular access elevation and lot elevation
required today and the platted lot of record. Reasonable use of the property does not
exist without the granting of the variance to permit a buildable lot for a single family
dwelling.
7. The granting of the Variance will not serve merely as a convenience to the applicant,
and is necessary to alleviate demonstrable hardship.
8. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
9. The contents of Planning Case File #00-027PC are hereby entered into and made a
part ofthe 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 4.12 foot Variance to permit a vehicular access elevation of 903.78 feet rather than
907.9 feet as required to be not more than 2 feet below the regulatory flood protection
elevation of909.9 feet.
2. A 25 foot Variance to permit a structure setback of 50 feet rather than the required 75
feet from the ordinary high water elevation of 904 feet.
1:\OOfiles\OOvar\OO-027\appres.doc
2
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. Combine the subject parcels in common ownership with one property identification
number and legal description to create one parcel, with proof of recording at Scott
County.
2. Submission of a revised survey with a minimum structure setback of 50 feet to the
ordinary high water elevation of 904 feet, and to be in compliance with all other
Zoning Ordinances.
3. Year round occupancy of the property is subject to submittal of an emergency
management plan to be approved by the City Police Chief and Fire Chief.
4. 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 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 ofthis resolution.
Adopted by the Board of Adjustment on April 24, 2000.
Mark Cramer, Chair
ATTEST:
Donald R. Rye, Planning Director
1:\OOfiles\OOvar\OO-027\appres.doc
3
ROBE .
eNGINEERING
COMPANY. INC.
CONSUL llNG ENGINEERS,
PLANNERS and LAND SURVEYORS
YORWAY HOMES
PROJECT NO. 9477.00
BOOK zn
PAGE /~ cI 17
..............................................................................................................................................................;..
l 1000 EAST 146th STREET, BURNSVlLLE, MINNESOTA 55337
CERTIFICATE OF SURVEY
Legal Description: LOT 4, BLOCK 1, OAKLAND BEACH 5TH ADDITION,
SCOTT COUNTY. MINNESOTA.
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PLANNING COMMISSION MINUTES
MONDAY, APRIL 10,2000
1. Call to Order:
The Aprill 0, 2000, Planning Commission meeting was called to order by Chairman
Cramer at 6:30 p.m. Those present were Commissioners Atwood, Cramer, Starnson, and
Vonhof, Planning Director Don Rye, Planning Coordinator Jane Kansier, and Zoning
Administrator Steve Horsman.
2. Roll Call:
Vonhof
Criego
Cramer
Atwood
Starnson
Present
Absent
Present
Present
Present
3. Approval of Minutes:
The Minutes from the March 27,2000, Planning Commission meeting were approved as
presented.
Commissioner Cramer read the Public Hearing Statement and opened the first item.
4. Public Hearings:
A. Case File #00-027 Mark and Robin Buenz are requesting a road access
elevation variance for the construction of a single family dwelling for the property at
14513 Glendale Avenue.
Zoning Administrator Steve Horsman presented the Planning Report dated April 10,
2000, on file in the office of the City Planner.
The applicant has asked the item be continued to April 24, 2000 to address an additional
variance required for this site at the same time. The staffhas published a notice of the
new hearing date in the Prior Lake American. Notices of the deferred hearing have also
been sent to owners of property within 350' of the site. These property owners will be
renotified of the new hearing date.
Joe Whitney, 14492 Glen.dale, said he owns the property in question and did not see a
problem. Horsman explained the road elevation is too low based on the Flood Protection
requirements. Access elevation is less than 907.8'. Whitney went on to say fifteen years
ago the property was buildable. the lots were platted ten years ago. Whitney explained
meeting with the City several years a.go regarding buying and splitting this property.
Horsman explained there will be a public hearing on April 24, 2000.
L:\OOFILES\OOPLCOMM\OOPCMIN\MN041 OOO.DOC
Planning Commission Minutes
April J 0" 2000
MOTION BY VONHOF, SECOND BY STAMSON, TO CONTINUE THE PUBLIC
HEARING TO APRIL 24, 2000.
Vote taken indicated ayes by all. MOTION CARRIED.
5. Old Business:
A. Discussion of Lakeshore and Bluff Setback Encroachments
Zoning Administrator Steve Horsman presented the Planning Report dated April 10, 2000
on file in the office of the City Planner.
On February 28, 2000, the Planning Commission reviewed an appeal of the Zoning
Administrator's decision to not allow a balcony to encroach into a bluff setback. The
Planning Commission adopted Resolution #OO-04PC upholding the Zoning
Administrator's decision. At the same time, the Commission directed the staff to contact
the Minnesota Department of Natural Resources (DNR) for their input on structure
encroachments into the buff and lakeshore setbacks.
The staffviews lakeshore and bluff setback requirements as a special provision which
overrides the allowable setback encroachments. Peter Leete of the DNR concurred with
this interpretation. Therefore, no encroachments are permitted into the lakeshore and
bluff setbacks.
Questions from the Commissionen:
Atwood:
. Questioned why are no encroachments permitted. Horsman explained the DNR does
not allow encroachments such as eaves, overhangs, etc., because of potential
hazardous situation created by runoff. It can saturate and erode soils and create bluff
failure.
. Rye noted the DNR takes a very conselVative view in interpretation of regulations.
They are not inclined to accept exceptions.
. What are implications if the Planning Commission grants a variance to allow an
encroachment? Rye noted the DNR does not enforce the ordinance. The City was
required to adopt a shoreland ordinance complying with DNR rules. The City adopts
and enforces the ordinance.
Stamson:
. Is language from Model Ordinance the same as the language from the Zoning
Ordinance? The City should consider adding language clarifYing that no other
encroachments ate allowed.
. Rye noted that would be clearer. The general rule is - if it is not permitted, it is
prohibited.
1:\OOfiles\OOplconun\OOpcmin\rnn041000.doc
2
Planning Commission Minutes
April 10.. 2000
MOTION BY STAMSON, SECOND BY VONHOF, DIRECTING STAFF TO
PREPARE AN AMENDMENT TO THE ZONING ORDINANCE ADDING THE
SENTENCE ''NO OTHER ENCROACHMENTS ARE PERMITTED TO SECTION
1104.303 BLUFF IMPACT ZONE."
Vote taken indicated ayes by all. MOTION CARRIED.
B. Discussion of Additional Setback Requirements for Building Walls
Exceeding 40' in length.
Planning Coordinator Jane Kansier presented the staff report dated April 1 0, 2000, in file
in the office of the City Planner.
On February 28, 2000, and again on March 13, 2000, the Planning Commission discussed
several alternatives to this requirement. The Planning Commission suggested the
following requirements be included in an ordinance:
· Substandard lots: One wall at 40 feet, one wall at 60 feet, one side the sum of 10
feet and the other side between 40 and 60 feet with a 1 foot offset.
· Standard lots: Remain two 40 foot walls, with the sum of 10 foot breaks.
The staff attempted to write an ordinance including the suggested language. Under the
proposed approach, the ordinance becomes even more complicated and confusing, and is
thus very difficult to apply and enforce. In staffs opinion, the change to the ordinance
should provide a simpler approach.
The Planning Commission's previous discussion has suggested a need to limit the
building length, or to provide a break in the building wall. The purpose of this is to limit
the bulk of a long building wall on the adjacent property. In order to accomplish this
objective and still provide some setback relief, the staff suggested the following
approach:
· Increase the initial length of a building wall to 50 feet before an increased
setback is required. If the building face exceeds 50' without a break, the setback
must be increased 2 inches for each additional foot of buDding wall.
· The additional setback will not be applied if there is a break in the building wall
equal to 10% of the entire length of the wall. For example, a 70' long wall
requires a 7' break.
This approach will be simpler to understand and administer. It also accomplishes the
objectives of the original language. Finally, this language would apply to all lots.
This approach would require an amendment to the setback provisions of the ordinance, as
well as to the definition of a building face. These amendments require a public hearing
before the Planning Commission and review and approval by the City Council.
1:\OOfiles\OOplconun\OOpcmin\mn041000,doc
3
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4A
PUBLIC HEARING TO CONSIDER A VARIANCE TO
THE REGULATORY FLOOD PROTECTION
ELEVATION (RFPE) FOR ROAD ACCESS FOR
PROPOSED SINGLE FAMILY DWELLING (CASE
FILE #00-027)
MARK AND ROBYN BUENZ
14513 GLENDALE AVENUE
STEVE HORSMAN, ZONING ADMINISTRATOR
~YES _NO-N/A
APRIL 10, 2000
On March 14, 2000, an application was received requesting a variance to permit the
construction of a single family dwelling with road access below the Regulatory Flood
Protection Elevation of 907.9 feet on property located at 14513 Glendale Avenue. Staff
has reviewed the application and found there is additional information needed to process
the request for the project. This information may indicate the need for additional
Variances.
The original public hearing notice was published for the meeting scheduled on April 10,
2000. Rather than presenting a plan with changes recommended, the staff is requesting
the hearing be continued to April 24, 2000, and address these issues prior to Planning
Commission review. A neW notice will be published and mailed prior to the April 24
meeting.
CONCLUSION
Staff recommends a continuance of the hearing to allow the applicant to submit a revised
survey and to allow for adequate time for staff review.
AL TERNATIVES:
1. Continue the public hearing to April 24, 2000.
RECOMMENDATION:
Staff recommends Alternative #1.
16200 ....l:'OOfililS'OO\\l!r\OO-02"AO()..02~c.doCr . L
cagfe ueeK Ave. ::>.t.., pnor Lake, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 44/-4245
AN EQUAL OPPORTUNITY EMPLOYER
ACTION REOUIRED:
Motion and second continuing the public hearing to April 24, 2000.
I: \OOfiles\OOvar\OO-027\OO-027pc.doc
2
q~~\6RING ~'=~....,."".
1t:ICOMI'RNY. INC.
l 1000 EAST 1411lh STREET, SURNSVllLE,
CERTIFICATE OF SURVEY
Legal Description: LOT 4. BLOCK 1. OAKLAND BEACH 5TH ADDITION.
SCOTT COUNlY. MINNESOTA.
~~i) DENOTES EXISTING ELEVATION
(1/Q. ~ DENOTES PROPOSED ELEVATION
..... INDICATES DIRECTION OF SURFACE DRAINAGE
"~' f: so FINISHED GARAGE FLOOR ELEVATION
tl__ ... BASEMENT FLOOR ELEVATION
'1'1,16 = TOP OF FOUNDATION ELEVATION
'11/, It, . == M/1I/!/ FLhJ,( - &LA8 ~;lI (}/4'1~ eLfit/A774U
YORWAY HOMES
PRO.ECT NO. 9477.00
BOOK in
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I hereby certify thot this Is 0 true Qnd correct representotlon of 0 troct os shown ond described
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NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A VEHICULAR ACCESS ELEVATION VARIANCE TO THE MINIMUM
REQUIRED ELEVATION OF 907.9 FEET; AND A VARIANCE TO THE
REQUIRED 75 FOOT STRUCTURE SETBACK FROM THE ORDINARY
HIGH WATER ELEVATION OF 904 FEET
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-l (URBAN RESIDENTIAL) DISTRICT AND THE
SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14513 GLENDALE
AVENUE.
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 (Southwest of
the intersection of C.R. 21 and Fish Point Road), on: Monday, April 24, 2000, at 6:30
p.m. or as soon thereafter as possible.
APPLICANT: Mark and Robyn Buenz
4161 W. 150th Street
Savage,1fJN 55378
SUBJECT SITE: 14513 Glendale Avenue, legally described as Lot 4, Block 1,
Oakland Beach 5th Addition, Scott County Minnesota
REQUEST: The applicant is proposing to construct a single-family house on a
lot with the road access below the required flood protection
elevation of 907.9 feet. The structure setback is also less than the
required 75 feet to the ordinary high water elevation of 904 feet.
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
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 April, 2000.
Steven Horsman, Zoning Administrator
City of Prior Lake
To be published in the Prior Lake American on April 8, 2000.
i:\OOEIL~S\OOV AffiOlh027\00027PN2.DOC 1
16200 cagre CreeK A:ve'-S.E.,-Pnor LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
- - ------ ---
- - - - - -
2000
CORRESPONDENCE
o
- -- -- - -- - - - -- -- ----------- --- - -
"
"
MEMORANDUM
DATE:
TO:
FROM:
RE:
cc:
May 19, 2000
Bill O'Rourke, Police Chief
Bruce Sames, Fire Chief
Steve Horsman, Zoning Administratorllnspector ~
Emergency Management Plan at 14513 Glendale
Avenue
Jane Kansier, Planning Coordinator
Attached is an emergency management plan submitted by variance applicants
Mark & Robyn Buenz, for the property at 14513 Glendale Avenue, as required in
Resolution DO-DD7PC.
Please review and return with your comments or suggestions by May 23, if
possible. Any questions, my phone number is 447-9854, or ext. 219.
Thank you.
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MEMORANDUM
cc:
May 19, 2000
Bill O'Rourke, Police Chief
Bruce Sames, Fire Chief
Steve Horsman, Zoning Administrator/Inspector ~
Emergency Management Plan at 14513 Glendale
Avenue
Jane Kansier, Planning Coordinator
DATE:
TO:
FROM:
RE:
Attached is an emergency management plan submitted by variance applicants
Mark & Robyn Buenz, for the property at 14513 Glendale Avenue, as required in
Resolution 00-007PC.
Please review and return with your comments or suggestions by May 23, if
possible. Any questions, my phone number is 447-9854, or ext. 219.
Thank you.
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05/19/00 FRI 12:13 FAX 612 914 0782 EMBEDDED TECHNOLOGIES
Emergency Management Plan
Location: 14513 Glendale Ave.
Residence will not be occupied when water over the street prohibits
emergency vehicle access. The occupants will vacate when the measured
depth of the water; at any point on the centerline of the road abutting the
driveway to the residence, is greater than 12 inches. Occupancy will be
restricted until the water falls below 12 inches in depth.
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May 18, 2000
Mark & Robyn Buenz
4161 W. 150th Street
Savage, MN 55378
RE: Recording of Approved Variance and Assent Form Acknowledgment
Dear Mark & Robyn:
The purpose of this letter is to advise you that Resolution 00-007pe approving a
variance on the property located at 14513 Glendale Avenue must be recorded at
the Scott County Recorders Office. A building permit will not be issued until
proof of recording has been submitted to the Planning Department. In addition,
the variance will be null and void within one year if the project is not completed or
if construction has not commenced (see attached Assent Form, Code Sec.
1108).
Enclosed is a certified copy of the original Resolution to be recorded at the Scott
County Recorders office. The 2nd copy is to be stamped as recorded by the
recorders office and returned to the Planning Department as proof of recording.
The 3rd copy isfor 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.
If you have any questions about this matter, please contact me at 447-9810.
~
Steven Horsman
Zoning Administrator/Inspector
1:\OOfilE}$\OOyar\OO-o2...7\recdlet.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
May 12, 2000
Mark Cramer
Planning Commission Chair
4205 Chestnut Lane
Prior Lake, MN 55372
Dear Mr. Cramer:
Enclosed is Resolution 00-007pe approving Mark & Robyn Buenz Variances. Please
review and sign the Resolution and return in the self addressed stamped envelope
provided. The survey (Exhibit A) is not attached because it has not been revised to
date.
Should you have any questions regarding this matter, please call my direct phone
number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I
will assist you.
Thank you for your cooperation.
Sincerely,
Steven Horsman
Zoning Administratorllnspector
16200 ~lRlbNk Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
, ., ..._.....' ':"'~' .~.....:._.__,_._. .. ."" ...~~J'
May 3, 2000
Mark and Robyn Buenz
4161 W. 150th Street
Savage, MN 55378
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the May 8, 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 I
Cau~ Cw)tHl
Connie Carlson
Planning Dept. Secretary
Enclosure
-
.J:\deptwork\blaIlkfrm\maetltLdoc Page 1
16200 cagle Creek Ewe. ::'.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
April 19,2000
Mark and Robyn Buenz
4161 W. 150th Street
Savage, MN 55378
RE:' Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the April 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,
lbUw. ~
Connie Carlson
Planning Dept. Secretary
Enclosure
I:\deptwork\blankfrm\meetltr.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
APR-19-00 WED 10:50 AM SCOTT CO RECORDER
FAX NO. 6124968138
P. 1
PAT BOECKMAN
SCOTT COUNTY RECORDER
REGISTRAR OF TITLES
200 FOURTH AVENUE WEST
SHAKOPEE MN 55379
952-496-8143
**FAX INVOICE**
DATE:~ [9, .9-000
PLEASE DELIVER THE FOLLOWING TO:
NAM[p~ ~ ATTN: S~
ADDRESS:
FAX# Cf 4 7 - 'i-;;}.. t.{ S-
PHONE#
- THANK YUU I4'OR tROMP.. K~MITTANCE OF THIS BILL-
I...~...................~...W.~.............................................
-"
SERVICE .00
GES @ $2.00
TOTAL DUE $
~
NUMBER Oli' PAGES ~ (INCLUDES COVER PAGE)
PLEASE CALL IF INFORMATION IS INCOMPLETE.
NAME~
PHON i: FAX# 952-496-8138
APR-19-00 WED 10:50 AM SCOTT CO RECORDER
FAX NO. 6124968138
P. 2
, ..
~~~~g F,gJ{ DEED
lI"'ioi<<III.I(I) 10 loint T*fIlnll
FonD Np. SS-M
By
No delir~Uent taxes Qnd transfer entered;
Ce' are of Reid Estate Vltlue
( fiI~ i').?ot !1Iuh:ed _,"lr;,
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- County AudUor=
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1\ , .,tfORTGAOE REGISTRY TAX DUE HEREON:
$~ '
_WELL ctFITIFlC4TE RECEIVED
";':;"Wnl CERTifICATE NOT .-eGUIRED
Date: .1'H"'1A 2:2"~ , 19 98
THIS CONTRACT FOR DEED is made on the above date by--Iol!I Whi "n~V a.n~ Ari el J
~hit~p~. hllsbahd and wif~
SeIler(whethcroncormore},and Nark BUent and RobYll M. Bu.oz. husband and wife
_ . PLl~hD$en. as joint tenants.
Seller and Purcbasers agree to the followina tenns:
1. PROPERTY DESCIUPTJON. Seller hereby sells. and Purchuers hereby buy. real properly in
Scott County. Minnesota, described as follows:
See 8ttaeh~d Leg.l Description;
1-UfroJlVERSAL mLI!
MErRO PRODUCTION
7777 WASHINGTON AVe
EDINA, MN 6543; ,'7 - "").-" 4 1 ~ r
. ,
The Seller certifies that
the Seller does not know
01 any wells on the
described real property.
together with all hereditaments and appurtenances beJonging lhereto (Ule Property).
2. TJTI..E. Seifer warranls that title to the Property is, On the dllte or lhis contrac', subject only to the
following exceptions:
(a) Covenants, conditions, reslriclions, declatations and easements of record. thn)';
(b) Reservations ofminccals or mineral righrs by lhe State of Minnesota. ifany;
(c) BuiJding, zoning and subdivision law8 and regulationsj
(d) Th~ fien ot real estate taXes and installments of special assessments which are payable by
Purchasers pursuant to paragraph 6 of this contract; and
(e) 111e following liens or enoumbrances:
3. DELIVaRY OF DEED AND EVIDENCE OF TITLE. UpO/1 Purchasers' prompt and full perrormQocc of
this conlract. Seller shall:
(a) Bxecute, acknowledge and deliver (0 Purchasers a --.Warun tv Deed. in
recordablo form, conveying marketable title to Ihe Properly to Purchasers, subject only to the
followjng exceptions: '
(i) Those exceptions refeaTed to in I'aragraph 2(a), (b), (1;:) and (d) of this contractj
(Ii) Liens, encumbrances, adve"se claims or other maUers which Purchasers have created, suffered
or permUled to accrue lRcr the dare of this conlracl; lnd
lUt.!
APR-19-00 WED 10:51 AM SCOTT CO RECORDER
FAX NO. 6124968138
P. 3
(Hi) '.llle foIJowill8 liens or e.lu:umbl'auces:
; and
(ll) Deliver to }'urchasulIl the abstract of title to the Pj'opcliy or, jf the tilJe is registered. the ownet's
duplicate certificate of litle.
4.
jlURCHASE PRlCE.. Purchase.'s shall pay to Seller. at . A DESIGNATED. PLACE
.
ONE HUNDRED ~EV~Y l.'W9 THOUSAND FIV&: HUNDRED lIND NO/l0
CIS aud for the purc:hase pdce for the PropeJ1Y. payable as follows:
~. the sum oC
($ 17a.5oQ.oO ).
$17,250.00 cash at the l:.ime of clodng, the receipt of which is heJ:eby
acknowledged.
$155.250.00 payable in iustallments of $1,139.17 per Inonth or JIIore at the
option of the Purchaser, inclUding interest hereon at the rate ot 8 per cent
per annUM eomputed on unpaid balances. Interest shall run from Pay of
closing, First p~y~ent shall be due And payable on July 15, 1998 and
subsequent payments shall be due and pay~ble on the 15 day of each .succeeding
month. Payments shall be credited first to interest an~ remain~8r to
principal. The entire balance of this contract shall be due and payable in
full no later than. June 15, 2000. The final payment is a balloon payment.
Purchaser shall pay real eatate taxes and hazard insurance pr~1ums directly
as they become due and furnish Seller with paid receipc of samo.
Purchaser shall not during the term of this Contract. cause any material to be
delivered or labor to b. perfo~med upon any part of the property cQvered by
~his Contract which exceedG the cost of $0.00 unless Purchaser first obtains
the written COhsent of Seller. Purchaser further agrees to indemn!fy and hold
harmless Seller against all claims for labor and .naterials or services made
against. the property covered by this Contraet. and for the costs o~ enforcing
this 1nde~nification including ce8Bonabl. attornoy's feea.
5. IJRBPA YMENT. Unless otherwi5e provided ill this conlract, Purchasers .haJJ have the tigbt to fully or
parlialJy prepay this contract al ally tjme wilhoul penally. Any partial prepay.nent shall be applied first
to payment of amounls tben due under lids contract, including unpaid accl'Ued i11torest, and the balance
sball be applied to the principal i.lstallmenls to be paid in tbe iJlverse order of their mllturily. Partial
prepayment shall nol poslpone the due date ofllle instaJhucJlts to be paid pursuant 10 this COJ~ttact or chaog"
the amount of such inslallmenls.
6. REAL ESTATE 'fAXES AND ASSESSMEN'rS. l)l,lJ'chascrs shall pay, bel ore pellalty accrues. aU real
esLate taxes aud iuataUmenls of special assessments assessed against tho Propel-ty whic:b ue due and payable
ill the year 19 -12- and in all subsequent years. RCII estate taxes Ilnd Jnstallmenls of special
aSSel$Slllellts which arc due and "ayable ill the year in which this COUll'8ct js dated.shall be paid as Collows:
B~yer and Sel1e~ shall prQ~at. to day of cIa.tng real ..tate' taxes and
installments of special assessments; due and payable in the year 1998.
Seller warraltts that tbe l'eal estate taxes and illstlllJmenls of special as.esstl\Cnls whicb wlere due iiUld payable
in the years precedlug lhe year in wbic:ll this COlltl'llct is daled ere paid in full.
7. PROjjllRTY INSURANCE.
(a) INSUREJ) tuSKS AND AMOUNT. Purchll8el's shall keep all buildinls, huprovCJllenls and filtlures
Huw Of' Isler located all or B part of tbe Property insured againsllos.s by fire. exteuded coveraao perils,
vandalism, nlalicLous .nischief and, if applJcable. steam boiler explosion for alleast the ,mOUbl of
rULr~ INSURABLE VALUE. NO'l' LESS THAN AAOUNT OF Il'JDSBTEDNSSS' . If allY of
the buildings, improvements or fixtures are located In a federally desianaled floocl prone area, abd if
nood i.lsurance is available for that area. Pw'Chasers aJJaU procure Iud maintain flood insurance ill
amounts reasonably lSatisfacloJY to Seller.
(b) OTHElll'ERMS. The insurance policy shaH contain I loss payablo clau.e in faVOI of Seller which
provides that Seller's right 10 recover under Ute Jnsurance shall not be impaired by any acts or omissiolls
of Purchasera or Seller, ;UJd that Seller shall otherwise be afforded all tights and privilege. cu.slomarily
provided a mortgagee uudca' the so-called standard mortgage cltJuse.
(e) NOTICE OF DAMAGE. lu the event of dalJlBge to tbe propel'l,)' by fire or other casualty,
Purchusers shall PI'oJUI,lIy give nol!~e of sucb d:llnage to Seller Ilnd lhe jusumncc company.
8, IJAMAOE TO THE PROl'lllt"ly.
(ill) Al'PLlCATlON OF INSURANCE PI{OCEEDS. If the Properly is damaged by fire or other
casually, the insurance pl''Oceeds ~Bld 011 ac:<:o\ll1L oCsucb damage 8haU be applied 10 payment ortbe
"mounts payable by J)urc:hast:rs undet this coutract, eVen ir such ;unoulat. are not then dUD to be paJd.
unless Purchasers make a permitted elecliot\ described ioUle neJtt paragraph. Sucb amounts shall be
first applied lo unpaid accrued interest and next to the iustalhllElnts to be paid 8S provided if) Ibis
contract ill the inverse order of lheir maturity. Sue'. paymenl shaH nol J)OslpoJJe tho due dato of tbe
i.nsta/Jlllcllls 10 be paid JlurslliJnlto Ibis conlJ'acl or cba.l1ge Ule amount of 5ucb inslallments. The balance
()f jnsurnl1ce proceed~. i r II ny, shall be the property ofPurc:hllsel's.
APR-19-00 WED 10:52 AM SCOTT CO RECORDER FAX NO. 6124968138 P. 4
(b) PURCHASERS' ELECTlONTO REBUILD. lfPurc:hallUS arenat II) deCaull under this contract, oraOer
curing any such defaull. and irlhe mortgagees in any prior mortgages and seners in any prior con~tJ for
dcc:d do not require otherwise, Purchasers may elecl to bavethat portion or suchinswance proceeds Dete8sary
to repair, replace 01 restore the dQmaged Property (the repair work) deposited in escrow with. bank
or tiUe insurance company qualified to do business in tho Staill orMhmesota, or such other party as may be
mutually ag~eable to Seller and Purchasers. Tbe election may omy be made by written notice to Seller
within sixty days after the damage occurs. Abo. the election will only be permitted if the plans and
specifications and contracts for the repair work are approved by SelJer. which approval Seller shall nOI
unreasonably withhold or delay. If such a permitted election is made by Pwchasen. Seller and Purchasers
shall jointly deposit. when paid, sucb jnsur&pce proceeds into such escrow: If such insurance proceeds are
insufficient for the repair work, Purchuen shall, before the gommencement of the repair work, deposit
into such escrow sufficient additional monoy to insure the full payment for the ",pair work, Even iflhe
insurance proceeds arc unavailable or are insufficient to pay lhe cost of the repair work. Purchasers shall
at all tjmes be' responsible to pay the full coat orlbe ;repair work. AU escrowed fWlds shall be disbursed by
tile esctowee in ac:oordance with genetallyaccepted sound construction disbursement procedures. The
costs incurred or to be incurred on account of SQch escrow shall be deposited by Purchu"rs .into such
escrow before the commencement oCtile repair work. Pun:hasen shall complete the repair 'llVork as soon
as reasonably possible and in a good and workmanlike roaMer. and ill any event the repair work shall be
completed by Purchasers within one year after the damage occurs. If, following the completion of and
payment for the repair work. there remain any undisbursed escrow funds, such fUnds shall be applied to
payment of the amounts payable by Purc:fwers under-this contnl.ctin aceordance with puagraph 8 (I) above.
9. INJU.R Y OR DAMAGB OCCURRING ON THE PROPERTY.
(a) LIABILITY.. Seller $haIl be free from liability and claim. (or damagos by reason of injuries Q(:cuning
on or after the dale ofthi! eontract to any person or persons Of property while on or about tbe Property.
Purchasers shall defend Bnd indemnify Seller from allliabUity, loss, QOII. and obligations, Including
reasonable attorneys' fees. on account of or arising out of any such uuuriu. However, Purchasen shaJJ
have no Jiability or obligation 10 Sellcr for such injuries which are caused by the negligence or
intentional wrongful acts or omissions of Seller.
(b) LIABILITY INSURANCE. Purehuers sball, at their own expense, procure and maintain liability
jnsurance against claims for bodily UUWy, death and property damase occurriq Ob or about the Property in
amounls reasonably sati.sfactol)' to Seller end naming Seller as an additioual insured.
10. INSURANCE. GENERAL'" Y. The insutanee which Purchasel3 are required toprocUtD and maintain pursuant to
paragraphs 1 and 9 ofthis contract shall be issued by an insuran" company or companies licensed to do busineu
in the Slate otMiMcsota and acceptable to SelJer. The insurance shall be maintained by Purchasers It all times
while any 81nount remains unpaid under this conll1lct. Tho insul1Inco policies shan pro."fde for not Jess Ihan ten
days wriUen notic;e to Seller before cancellation. non-renewal, tennination or chango in covenge, and Purohasers
shan deliver to Seller a duplicate orilinal or certificate ofauch insurance policy or policies.
I 1 . CONDeMNATION. If aU or any pan oE the Property is laken in c:ondemnalfon proceedings instituted under
power of eminent domain or is conveyed in Ueu thereofunder threat of condemnation, the money paid punsuant to
such condemnation or conveyance in Jim thereofshall be applied to peymeDlofthe amounts payable by Pwchae;ers
under this contract, even if such amounts are nol then du., to be paid. Such amounts shall be applied rust to unpaid
aocroed interest and next to the instalbnent$ to be paid u provided in thi9 contract in the iDver8a order ofthcir
maturity. Such payment sban not postpone the due date of tho installments to be paid pW'SUaut to this contract or
change Ihe amoullt of such inslalbnents. The balance, if any, ahaU be the property of Purghasen.
12. WASTE. REPAIR AND LIENS. Purchasers shall bot removo or demolish any buildings, improvements
or fixtures now or later located on or a part or the Property, nor shall Purchasenl commit or allow waste orrhe
Property. Purchasers shall maintain the Property in good condition and repair. PutQhas8J'8 shall not create or
permit lo acclUeliens or advene claims against tho Property which constitute a lien or claim allinst Seller's
interest in the Property. Purchasers shall pay to Seller all amounts, costsud expen8ClB, including reasodable
allomeys I fees, incurred by Seller to remove IIdY luch liens or .dver.. glaims.
13. DEED AND MORTGAGE REGISTRY TAXBS. Seller shall. upon Purchasers' full perfonnancc ofthis
contract, pay the deed tax due upon tbe recordin, or filing of Lbe deed .0 be del:ivered by Seller to Pucl;lbasers.
The nlortgsge registry tax due upon the recording or filing oflhis cantl"lct .ball be paid by the party wbo records
or files Ihis contract; however. this provision shall not impair the right of Seller to collect from Purchasers the
amount of such tax actually paid by Seller as provided in Ihe applicable law governing default and service of
notice of termination ofthis contract.
14. NOTICE OF ASSIGNMENT. If either Seller or Purehasera .ssip their interest in the Property, I copy of lI\lch
assignment shaJJ promptly be furnished to tbe non-assigning party.
IS. PROTECTION OF INTERESTS. IrPurchasers fail to pay any sum oEmoae)' required und.erthe terms of this
contract or raU to perform any of their obJigations as set forth in this contract. SeHer may, at Seller's
option, pay the same or cause the same to be perfonned, or both, and the amounts 80 paid b)' Seller and Ihe
cost of such perronnance shall be payable at once. with interest at the rate atated in par3lraph 4 of this
contract, as an additional amount duo SeU<< under this contnet.
J f there now exists, or if Sellcr hereafter creates, suffers or permits to accrue. any mortgage, contnaot for deed,
Hen or encumbrance against the PropeJ1y which is not herein expressly assumed by Purchasen, and provided
Pu{chasers ate not in default under tbis contract. Sellcr shall timely pay all amounts due thereon. and it
Seller fails to do so. Purchasers may, at their option, pay anT such delinquent amounts and deduct the amounts
paid from the installment(s) next corniDl due under this conbact.
16. DEFAULT. The lime ofperfonnance by Purchasers of the terms olthis QOntracl iSBn essential part of ibis
CO!~lr8ct. Should Purchasers ran to timely perfonn any orlbe terms 01 Ibis contract, Seller may, at Seller's
ophon, sleet to declare tlli" contract cancelled and terminated by notice to PurchasCJlI in 8QCOrdance with
applioable law. All rigllt, tille and interest acquired under this contrlct by Purgbll,ors shall then Cease
and temdnate, and all improvements made upon the Property and all paymenls made by PW'\lbuers pursuant 10
this contract shalJ belong to Seller as liquidated dafl1ages fcr breach Ordlis contract. Neither the extension
ortlle time 'C?r paYl1lenl of II~Y sum of money to be paid hereunder nor any waiver by Seller of Seller's rights
to. declare t]us contract for-felted by reason of Qny bl'ellch shall in IIn)' manner alT4SClC Seller's riaht to cancel
du~ COI\I.~Cl because of d~fau1lS !iu~scquently occurring. aDd no extension of time .haJJ be valid unless 8,reed
to In wnUng^ Aflet service or notlCCl of default and failure to cure such default within Ule period allowed
~~,!:r~~ ~~:C_~~~~ ~~~]~.~~~l dem.and. ~.~~nder pos~essj~n o~ the Property to SelJer, but PurchalCn shall be
APR-19-00 WED 10:54 AM SCOTT CO RECORDER FAX NO. 6124968138 P. 5
Il!. tlbAUlNU:S. Headings of the paragrapbs of this contract are Cor convenience ol1ly Iud do not defUle,
limit ot construe the contents of 8uch plU"8graphs.
19. ASSESSMENTS BY OWNERS' ASSOCIATION. If the Property is Bubject to a recorded declaration
providing for assessments to be levied against the Property hyany owners' association. wbiob uselsments
mllY become a lien against the Property if not paid, then:
(a) Purchasen shall promptly pay, when due. aU aSSClIsments imposed by the owaen' associalioD or other
govemwg body as required by the provisions orthe dcc:111'1ltlon or olheJ:related documents; and
(b) So long as tho owners' association maintaiDs 8 master or-blanket policy ofinsuranc:e ..msl rue, eAtcnded
coverago perils and such other hazards and in such amounts as are required by this co!1tracl, then:
(i) Purchasers' obligation jn this contract to main18in hazard insurance coverale on the Property
is satisfied; and .
(ii) The pro~isions in pBragnph 8 of tbis contract regardinl application of insurance proceeds
shall be superseded by the provisions of the declaratiOA or other related documents; and
(iii) In the '~Yent of.a distribution of insurance proceeds in lieu of restoration or repair following
an insured casually loss to the Property. Iny such proceeds payable to Purchasen are hereby
assigned and sball be paid to Seller for application to the Slml secured by this contract, with
the excess, if an)', paid to Purchasers.
20. ADDITIONAL TBRMS:
~~Uj..i.~.~
Ariel J. itney
State of Minnesota
PURCHASERS
~c..J1 i3---~
Mark enz. 0
}..
County of Henneoin
The foregoing instrument was acknowledged befD", me this :; ~ day of ~
by. Joe Whitnev And Ariel J. whitney. husband and wife -
"\<6
,19_,
State of Minnesota
-~
1\ A. Jh' rn
~ $IGNA'l'UUO""'O PO coaonlllLOJlPlClAL
} SI.
County of Hennepin
The foregoing instrument was acknowledacd beforo me this ~ day of ~ 1 .n..t......
by. M~rk Buenz and Robvn M. 6uenz, husband and wif.
,199K-.
NOTA I/MUH~C)\nA~ '~RJfl6:(-' .. II)
: _t,;HriISlJN~ l. THOMPSON
: ~ . NOrllY ~b"c. MIr'IIIsoIa
4 CIlIMII!510/1 &pJ/8S 1mnoJO
"v'"'
TillS IflIlITaUllllll"f WAs DllAFTBD Iy CNAMi AND ADDIlIiSSI
Universal Title Company
77-526932
7771 washington Avenue Souch
Edirta, Minnesota 55439
Fila No. 77-526932
CJ.iu-~ /llh~~ --
.1O""l\I.eo'~AIY~~
Tal Sl&IaIJllll_ lOr Ihe ...1 proJlUlI cI.cribGI in 1hJ.INll'WI'IaIt .hauld ba Ilftl 10;
Mark Buens
Robyn M. Buenz
411,1 15''''~'
~ ~"'4.r. .At,IV S $ :J 7 P
FAILURE TO RECORD OR FILB THIS CONTRACf FOR DE.ED MAY GIVE OTHER PARTIES
PRIORITY OVER PURCHASBRS' INTEREST IN THE PROPERTY. .
.. ., .
~
)
APR-19-00 WED 10:55 AM SCOTT CO RECORDER
FAX NO. 6124968138
p, 6
.
. j
EXHIBIT II AU
P~rcel 1: That part of Section 30. Township 115, Range 21, Scott County,
Mi~nesota, described a8 follows: Beginning at the ineersection of the
southeasterly riqhe of way line of the 33 foot road in Boudin's M~or 2nd
Addition, ~ccording to the recorded plat thereof on file or of record in the
Office of the Register of Deeds in and for said County. with the following
described line: Commencing at the inter.ection of the Ease and West qUArter
line running through said Section. with ehe Government meander line; thence in
a straiqht line and in a norehwesterly direction to the most eaaeerly corner
of Loe 5, in said Boudin's Manor 2nd Addition, and said line there
terminating. said lase described line to be hereinafter referred to as the
.Coure Judgment Line-: thenee southeasterly along ,aid .cou~e'Judgment Line- a
distance of 331.04.feet. ~re or lees, to the' shore of Prior Lake; thence
westerly and northwesterly along the shore of P~ior Lake to ~he southeasterly
right of way line of said 33 toot rQad in Boudin's Hanor 2nd Addition; thence
southwesterly along &aid right of way line to the point of beginning.
:(\
Parcel 2:
Lot 4, Block 1, OaKland Beach 5th Addition, according to the ~ or plat
thereof on file or of record in the Offie. of the Registrar of Ti~les in and
for Scoe~ County, Minnesota.
;;. 5-'3 ~~-o
.--<.--'
i'-S-4f~t:')..t:7~ ~
Minnesota Department of Natural Res
Metro Waters - 1200 Warner Road, St. Paul,
Telephone: (651) 772-7910 Fax: (651)
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APR , 8 iUJ)
es
-6793
Apri117, 2000
Mr. Steve Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372-1714
RE: Mark and Robyn Buenz Variances, Lot 4, Block 1, Oakland Beach 5111 Addition, Prior Lake
Dear Mr. Horsman:
I have reviewed the information sent to me relative to the subject zoning matter, and offer the following
comments on behalf of the Minnesota Department of Natural Resources:
With exception of the variance requested for minimum vehicular access below elevation 907.9', the
proposal appears to comply with the provisions of the city's floodplain zoning ordinance. Under many
circumstances, DNR recommendation in cases such as this is the elevation of the public road to bring the
building site in to compliance with required floodplain regulations. Each variance, however, is reviewed
on its own merits. In this particular case, however, because of the number of existing homes which front
Glendale Avenue and do not have the required roadway access elevation, and because of drainage
issues which would render bring the existing Glendale Avenue in to compliance, DNR is not opposed to
the requested variance from the floodplain requirement of vehicular access no lower than two feet below
the regulatory flood protection elevation.
If the lake were to reach flood stage, the proposed home would be an island, surrounded by approximately
five feet of water. It is recommended a plan be developed to address how fire, police, ambulance, or other
emergency personnel, as well as the home owner, will access during flood. It would be appropriate that
such a plan be written for all homes on Glendale Avenue which would face similar access issues.
To avoid paying flood insurance, the homeowner may be required (by a lender) to apply for and receive
a Letter of Map Revision (LOMR.) from the Federal Emergency Management Agency (FEMA)
acknowledging the home has been elevated in compliance with the city's floodplain ordinance..
I note that some of the fill proposed to elevate the site encroaches in to the adjoining property to the north.
Does the applicant own or otherwise have authorization to place fill on that parcel?
The second variance requested is for setback from the ordinary high water mark. The drawing which
accompanied the hearing notice indicates a minimum setback of 29 feet to OHW, measured from the
northeast comer of the proposed garage. I scaled off a setback closer to 23 feet from the garage to OHW.
DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
l' Printed on Recycled Paper Containing a
.~ Minimum of 10% Post-Consumer Waste
Steve Horsman
April 17, 2000
page 2
Please check this to ensure the setback proposed is accurately depicted on the survey.
The proposed home encroaches in to the shore impact zone. If the home were redesigned with the garage
on the southwest portion of the lot, the lake setback could be increased significantly. Also, sliding the
entire house south toward the south property boundary would also increase the setback. DNR
recommends alternatives be explored which increase the lake setback to no less than 37.5 feet, the shore
impact zone.
Finally, I believe there is a typo on the survey. The width of the west side of the garage is shown as 52.0
feet on my drawing. Should this read 25.0 feet?
Thank you for the opportunity to review and comment on the proposed variance. Please advise me of the
outcome of any hearing on this matter. If you have any questions, please call me at 651-772-7917.
Patrick 1. L ill
Area Hydrologist
April 5, 2000
Mark and Robyn Buenz
4161 W. 150th Street
Savage, MN 55378
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the April 10, 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,
~
Enclosure
..J:\deotwork\blankfrm\meetltr:..doc P,age 1
16200 cagle creek Ave. ::5.t.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61z) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
03/30/00 TEll 14:06 FAX 612 914 0782 EMBEDDED TECHNOLOGIES
IaJ 001/001
Fax
To:
Steve Horsman
From: Mark Buenz 918-3271
F8Jl:l 44742"3t""~s-
Pages: 1
Phone;
Date: 03130100
Re:
Variance Schedule
cc:
CJ Urgent:
[] For Review
D Please eonament [] Pie... Reply
[] Please Reqcle
Please Nl8Chedule the variance hearing from April 10111 to April 24th, 2000 to allow both
~ariance requests to be heard at the same meeting.
fj-J 3-(;
March 21, 2000
Mark & Robin Buenz
4161 W 150th Street
Savage,~ 55378
RE: Planning Department review for completeness of Variance Application
Dear Mr. & Mrs. Buenz:
On March 14,2000, the City of Prior Lake Planning Department received a variance application
from you. Based on the survey submitted the following variances are necessary:
~ A 4.12 foot Variance to permit vehicular access to be at the 903.78 foot elevation instead of
the required 907.9 foot elevation.
As we discussed by phone on 3/20/00, please provide a revised survey with the actual lowest
floor elevation shown in order for the Dept. to verify a minimum floor elevation of 909.9 feet.
The Planning Department has determined that this application is complete and will begin formal
review. We will notify you of any pertinent issues, which may arise as a result of your internal
review and preparation of our staff report.
We have scheduled your request to be heard by the Planning Commission on April 10, 2000.
The meeting begins at 6:30 p.m. and is located at the Fire Station on County Road 21 and Fish
Point Road. You or you representative is expected to be in attendance. If you cannot make the
meeting, please let me know. You will be receiving a copy of the public notice and a copy of the
staff report with recommendation prior to the meeting.
The City approval process can be substantially less than 120 days, and we intend to 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 May 19,2000, to July 18,2000.
If you have questions please call me at (952) 447-9854.
Sincerely,
~~
Steven Horsman
Zoning Administrator
-1:\temolate\\(arijmce\r.oPJplete.doc. Page 1
16200 cagle 'creeK f\ve. ::>.t:., t'nor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Miscellaneous
L:\TEMPLA TE\FILEINFO.DOC
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTI )
)ss
STATE OF MINNESOTA)
~yU b-o.J.:::S:1J,r- of the City of Prior Lake, County of Scott, State of
Minnesota, being duly sworn, says on the I~~day of ~ \ ,2000, she served
the attached list of persons to have an interest in the 13 u...e.. Y>. -:c... V 6..J....j D....X.... ~
'\--. l6-\- S<..L,,- u-'Ly .,A.... DC>--' 0'2-1 , by mailing to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
_ day of ,2000.
NOTARY PUBLIC
L:\DEPTWORK\BLANKFRM\MAILAFF.OOC
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A VEHICULAR ACCESS ELEVATION VARIANCE TO THE MINIMUM
REQUIRED ELEVATION OF 907.9; AND A VARIANCE TO THE
MINIMUM 75 FOOT STRUCTURE SETBACK FROM THE ORDINARY
HIGH WATER ELEVATION OF 904
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-l (URBAN RESIDENTIAL) DISTRICT AND THE
SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14513 GLENDALE
AVENUE.
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 (Southwest of
the intersection of C.R. 21 and Fish Point Road), on: Monday April 24, 2000, at 6:30
p.m. or as soon thereafter as possible.
APPLICANT : Mark and Robyn Buenz
4161 W. 150th Street
Savage,~ 55378
SUBJECT SITE: 14513 Glendale Avenue, legally described as Lot 4, Block 1,
Oakland Beach 5th Addition, Scott County Minnesota
REQUEST: The applicant is intending to construct a single-family house with
attached garage with road access to the lot below the required flood
protection elevation of 907.9, and the structure is setback less than
the required 75 feet to the ordinary high water elevation of904.
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
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 12th day of April, 2000.
Steven Horsman, Zoning Administrator
City of Prior Lake
Mailed on April 12, 2000.
16200 Ek~'PeOc~~~S){>Jle~'%~~9s9foI~k~~~~ng~t~ 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245
AN EQUAL OPPORTUNITY EMPLOYER
qn3~~ERING ~~~~"=~
ICICOMPRNY. INC.
l 1000 EAST 146lh STREET, BURNSVlLLE,
YORWAY HOMES
PROJECT NO. 9477.00
BOOK t,..,
PAGE I" r:I- 17
CERTIFICATE OF SURVEY
Legal Description: LOT 4. BLOCK 1. OAKLAND BEACH 5TH ADDITION.
SCOTT COUNTY, MINNESOTA.
~~.:..V DENOTES EXISTING ELEVATION
(1/Q.5) DENOTES PROPOSED ELEVATION
_ INDICATES DIRECTION OF SURFACE DRAINAGE
"%,83 ... FINISHED GARAGE FLOOR < ELEVATION
.' ~. ... BASEMENT FLOOR ELEVATION
11///. /6 ... TOP OF FOUNDATION ELEVATION
91/,Ift, == Mil/III Ftt/:J~ - GLAS t:JN GMt:tE cLWA77P-</
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SCALE: 1" = 40'
BEtJtII 1t/A;1~: /1/1/ t UJP{. WEST'
&P /J1&~-r weS7l7UY Ur cPR.
7, " 901-,~:?
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I hereby certify that this is a true and correct representation of a tract as shown and described
hereon. As prepared by me this ~ day of JANIJAR.'( . ~.n
KeI~8? 3-i1-ZD/JO , APv 'OC~( ~I/ AW ~ /J 11 A
.41.1.0 p(Zl~HCb filo.c) f!.#IW~ /CuL1.upf I. ~- Minn. Reg. No. 1'10BiO
A.E'WN~ I/mJJG I If;- PT. m-t1/1 JlOUS~.' /?6V~tJ +-6 -u"P . AfJtJ 90+ ~c 4rV~1L -I $i?T8I1C/t! {.>19",.,..,:e;
R~/({!J; ~f'Pff!iJ ~ ,g.f?/,mWJ ..
'pEVIj'E/J J. 11> -('0 .- flO/J 11M/N r~12- - StA6 4<1 G~~ EtcVA77.?,V,
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A VEHICULAR ACCESS ELEVATION VARIANCE TO THE MINIMUM
REQUIRED ELEVATION OF 907.9; AND A VARIANCE TO THE
MINIMUM 75 FOOT STRUCTURE SETBACK FROM THE ORDINARY
HIGH WATER ELEVATION OF 904
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-l (URBAN RESIDENTIAL) DISTRICT AND THE
SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14513 GLENDALE
AVENUE.
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 (Southwest of
the intersection of C.R. 21 and Fish Point Road), on: The meeting has been deferred to
the 4th Monday, April 24, 2000, at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: Mark and Robyn Buenz
4161 W. 150th Street
Savage,~ 55378
SUBJECT SITE: 14513 Glendale Avenue, legally described as Lot 4, Block 1,
Oakland Beach 5th Addition, Scott County Minnesota
REQUEST: The applicant is intending to construct a single-family house with
attached garage with road access to the lot below the required flood
protection elevation of 907.9, and the structure is setback less than
the required 75 feet to the ordinary high water elevation of 904.
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
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 30th day of March , 2000.
Steven Horsman, Zoning Administrator
City of Prior Lake
Mailed on March 30, 2000.
16200 E5~PeOC~~~)eS>e~-%~~qs9foI'E~k~~Th1~rig2~ 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245
AN EQUAL OPPORTUNITY EMPLOYER
~
....
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
..,
CblAAAAL of the City of Prior Lake County of Scott, State of
Minnesota, being dul sworn, says on the ~ day Of~~OO. sbe served
the attached list of persons to have an interest in the ~ ~-'
~ OO-.()dl ' by mailing to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
_ day of , 2000.
NOTARY PUBLIC
L:IDEPTWORK\BLANKFRM\MAILAFFD.DOC
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A ROAD ACCESS ELEVATION VARIANCE. THE MINIMUM
REQUIRED ELEVATION OF 907.9 AS PER THE FLOOD ORDINANCE;
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-1 (URBAN RESIDENTIAL) DISTRICT AND THE
SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14513 GLENDALE
AVENUE.
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 (Southwest of
the intersection of C.R. 21 and Fish Point Road), on: Monday, April 10, 2000, at 6:30
p.m. or as soon thereafter as possible.
APPLICANT: Mark and Robyn Buenz
4161 W. 150th Street
Savage,~ 55378
SUBJECT SITE: 14513 Glendale Avenue, legally described as Lot 4, Block 1,
Oakland Beach 5th Addition, Scott County Minnesota
REQUEST: The applicant is intending to construct a single-family house with
attached garage. The access to the lot is below the required flood
protection elevation.
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
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 22rd day of March , 2000.
Jenni Tovar, Planner
City of Prior Lake
To be published in the Prior Lake American on March 25, 2000.
\\FS 1 \SYS\DEPT\PLANN ING\OOFILES\OOV AR\OO-027\OO-027PN.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
~AMPSON RUSSELL S & DON
14534 GLENDALE AVE SE
PRIOR LAKE MN 55372-1407 '
~SEY WAYNE F & NATHALE
14524 GLENDALE AVE SE
PRIOR LAKE MN 55372-1407 "
~CH, AMBROSE J, & LORRAIN
14560 OAKLAND BEACH AVE SE .
PRIOR LAKE MN 55372-1415
~, ARNOLD F & AUDREY
14574 OAKLAND BEACH AVE SE .
PRIOR LAKE, MN 55372-1415
ENGEBOS GREGORY J 61
4931 BEACH ST NE
PRIOR LAKE, MN 55372-1225
REMBOLD JOHN P
10535 PARKER DR
EDEN PRAIRIE, MN 55347-5249 ·
FELDSHUH, DAVID M
308 ELMWOOD AVE ·
ITHACA, NY 14850-4812
~ DANIEL D & REBECCA
14544 GLENDALE AVE SE .
PRIOR LAKE MN 55372-1407
VTUPY CRAIG A
14510 GLENDALE AVE SE .
PRIOR LAKE MN 55372-1407
~ERSON MYRON F & MARl
14504 GLENDALE AVE SE .
PRIOR LAKE MN 55372-1407
BREZINSKI GERALD J & N ,
1M98GLENDALEAVESE
PRIOR LAKE MN 55372-1407
/WHITNEY JOSEPH & ARIEL
1 M92 GLENDALE AVE SE
PRIOR LAKE MN 55372-1407 "
~YER HUBERT W & CECELI
14484 W A TERSEDGE TRL NE Ib
PRIOR LAKE MN 55372-1460
f.A:NORKMAN MATTHEW A & JUD
14468 W A TERSEDGE TRL NE &
PRIOR LAKE MN 55372-1460
ANDERSON LORRAINE
6444 12TH AVES ·
MINNEAPOL MN 55423-1712
STARR JOE & CAROL
8613 WOOD CLIFF CIR S
BLOOMINGT MN 55438-1551 ·
GOODCHILD JAMES R & PAT
14450 W A TERSEDGE TRL NE .
PRIOR LAKE MN 55372-1460
BORKOWSKI MERLE
14M4 W A TERSEDGE TRL NE ·
PRIOR LAKE MN 55372-1460
RAUSCH MARK S & PAMELA
14565 GLENDALE AVE SE ,
. PRIOR LAKE MN 55372-1410
ROSZAK THOMAS A & KELLE
14581 GLENDALE AVE SE t
PRIOR LAKE MN 55372-1410
CAMERON ROBERT F & BONN
14597 GLENDALE AVE SE ,
PRIOR LAKE MN 55372-1410
VtSEARSON MATTHEW G & DON
14551 GLENBi\LE AVE SE
PRIOR LAKE MN 55372-1409 '
~S DENNIS T & SHARYN
14545 GLENDALE AVE SE \
PRIOR LAKE MN 55372-1409
~YBERG MARK W & MARY
14525 GLENDALE AVE SE ,
PRIOR LAKE MN 55372-1409
KIM JENNIFER R
6592 RUSTIC RD'SE ·
PRIOR LAKE MN 55372-1469
HEUER JOHN T & LORETTA
14553 GLENDAL"E AVE SE ..
PRIOR L~ MN 55372-1409
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ERICKSON OO~ALD W & HEL
14613 GLENDALE AVE SE
PRIOR LAKE MN 55372-1410 '
OLSON MARK J & HELEN F
6571 RUSTIC RD SE t
PRIOR LAKE MN 55372-1420
~CH VERNON J & SUSAN
14537 GLENDALE AVE SE ,
PRIOR LAKE MN 55372-1409
~NN P LUBBERS TRUST
6570 RUSTIC RD SE .
PRIOR LAKE MN 55372-1469
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4161150THSTW ,
SAVAGE MN 55378-4657
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CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: Glendale Avenue
An application for a variance to vehicular access below the
907.9' and structure setback to the 904' OHW elevation
APPLICANT: Mark & Robyn Buenz
CONTACT PERSON: Steve Horsman
SITE INFORMATION
PID#: 25-139-004-0
LOCATION: 14513 Glendale Avenue
EXISTING ZONING: R-1, SD
DISTRIBUTE TO: APPLICATION FOR:
X Frank Bovles X Bud Osmundson Administrative Land Division
X Sue Walsh X Sue McDermott Comprehensive Plan Amend.
X Raloh Teschner Jeff Evens Conditional Use Permit
X Paul Hokeness Lani Leichtv Home Occupation
X Bob Hutchins Rezoning
X Don Rye X DOUQ Hartman Site Plan
X Jane Kansier X Fire Chief Preliminary Plat
X JenniTovar X Bill O'Rourke PUD
x DNR - Pat Lvnch MinneQasco Final Plat
Countv Hwv. Dept. X Watershed Dist. X Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co.
Mediacom Cable Met. Council
Date Received Date Distributed 3/28/00 Date Due 4/3/00
Complete Application Date Distributed to DRC Meeting
Date DRC
Publication Date Tentative PC Date Tentative CC
Date
60 Day Review Date Review Extension
I :\OOfiles\OOvar\OO-027\referral.doc
Page 1
I have reviewed the attached proposed request for Buenz Case file 00-027PC for the
following:
Water City Code GradinQ
Sewer Storm Water SiQns
ZoninQ Flood Plain CourrtV Road Access
Parks Natural Features LeQal Issues
Assessment Electric Roads! Access
Policy
Septic System Gas BuildinQ Code
Erosion Control Other
Recommendation: _ Approval
Denial
Conditional Approval
Comments:
Signed:
Date:
Please return any comments by Aoril 3. 2000 , to
Steven Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
I :\OOfiles\OOvar\OO-027\referral.doc
Page 2
PID Owner Name SITUS Address Map Key
251150010 SAMPSON RUSSELL S & DON 14534 GLENDALE AVE K
14534 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1407
251150020 MOSEY WAYNE F & NATHALE 14524 GLENDALE AVE L
259301090 14524 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1407
251150030 CZECH, AMBROSE J, & LORRAIN 14560 OAKLAND M
259301000 14560 OAKLAND BEACH AVE SE BEACH AVE SE
PRIOR LAKE MN 55372-1415
251150040 PAHL, ARNOLD F & AUDREY 14574 OAKLAND N
14574 OAKLAND BEACH AVE SE BEACH AVE SE
PRIOR LAKE, MN 55372-1415
251150060 ENGEBOS GREGORY J 14590 OAKLAND 0
4931 BEACH ST NE BEACH
PRIOR LAKE, MN 55372-1225
251150070 REMBOLD JOHN P 14602 OAKLAND P
10535 PARKER DR BEACH
EDEN PRAIRIE, MN 55347-5249
251150080 FELDSHUH, DAVID M 14612 OAKLAND Q
308 ELMWOOD AVE BEACH
ITHACA, NY 14850-4812
251200010 SAAD DANIEL D & REBECCA 14544 GLENDALE AVE R
14544 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1407
251210050 TUPY CRAIG A 14510 GLENDALE AVE J
14510 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1407
251210060 ANDERSON MYRON F & MARl 14504 GLENDALE AVE I
14504 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1407
251210070 BREZINSKI GERALD J & N 14498 GLENDALE AVE H
1<<98GLENDALEAVESE SE
PRIOR LAKE MN 55372-1407
251210080 WHITNEY JOSEPH & ARIEL 14492 GLENDALE AVE G
1 <<92 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1407
251210090 BOYER HUBERT W & CECELI 1<<84 WATERSEDGE F
1<<84 WATERSEDGE TRL NE TRL NE
PRIOR LAKE MN 55372-1460
251210120 WORKMAN MATTHEW A & JUD 14468 WATERSEDGE E
1<<68 WATERSEDGE TRL NE TRL NE
PRIOR LAKE MN 55372-1460
251210130 ANDERSON LORRAINE 1<<62 WATERSEDGE D
6<<4 12TH AVES TRL NE
MINNEAPOL MN 55423-1712
251210140 STARR JOE & CAROL 14456 WATERSEDGE C
8613 WOOD CLIFF CIR S TRL NE
BLOOMINGT MN 55438-1551
251210150 GOODCHILD JAMES R & PAT 14450 WATERSEDGE B
14450 WATERSEDGE TRL NE TRL NE
PRIOR LAKE MN 55372-1460
251210160 BORKOWSKI MERLE 1 <<<< W ATERSEDGE A
14444 W ATERSEDGE TRL NE TRL NE
PRIOR LAKE MN 55372-1460
251360120 RAUSCH MARK S & PAMELA 14565 GLENDALE AVE S
14565 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1410
251360130 ROSZAK THOMAS A & KELLE 14581 GLENDALE AVE T
14581 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1410
251360140 CAMERON ROBERT F & BONN 14597 GLENDALE AVE U
14597 GLENDALE AVE SE S
PRIOR LAKE MN 55372-1410
251360150 ERICKSON DONALD W & HEL 14613 GLENDALE AVE V
14613 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1410
251360180 PEARSON MATTHEW G & DON 14551 GLENDALE AVE W
14551 GLENDALEAVESE SE
PRIOR LAKE MN 55372-1409
251370010 OLSON MARK J & HELEN F 6571 RUSTIC RD SE X
6571 RUSTIC RD SE
PRIOR LAKE MN 55372-1420
251390010 MAAS DENNIS T & SHARYN 14545 GLENDALE AVE Z
14545 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1409
251390020 RAUSCH VERNON J & SUSAN 14537 GLENDALE AVE AA
14537 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1409
251390030 FREYBERG MARK W & MARY 14525 GLENDALE AVE BB
14525 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1409
251400010 GLENN P LUBBERS TRUST 6570 RUSTIC RD SE CC
6570 RUSTIC RD SE
PRIOR LAKE MN 55372-1469
251400020 KIM JENNIFER R 6592 RUSTIC RD SE DD
6592 RUSTIC RD SE
PRIOR LAKE MN 55372-1469
259300551 BUENZ MARK & ROBYN
4161 150TIl ST W
SAVAGE MN 55378-4657
259301100 HEUER JOHN T & LORETTA 14553 GLENDALE AVE EE
14553 GLENDALE AVE SE SE
PRIOR LAKE MN 55372-1409
'I SAMPSON RUSSELL S & DON
14534 GLENDALE AVE SE
PRIOR LAKE MN 55372-1407
MOSEY WAYNE F & NATHALE
145!4 GLENDALE AVE SE
PRIJRLAKE MN 55372-1407
! CZECH, AMBROSE J, & LORRAIN
, 14560 OAKLAND BEACH AVE SE
iPRIORLAKE MN 55372-1415
PAHL, ARNOLD F & AUDREY
14574 OAKLAND BEACH AVE SE
PRIDR LAKE, MN 55372-1415
ENGEBOS GREGORY J
i4931 BEACH STNE
iPRIOR LAKE, MN 55372-1225
RE~,,ffiOLD JOHN P
105.15 PARKER DR
EDEN PRAIRIE, MN 55347-5249
FELDSHUH, DA VlD M
308 ELMWOOD AVE
ITHACA, NY 14850-4812
SAAD DANIEL D & REBECCA
14544 GLENDALE AVE SE
PRIOR LAKE MN 55372-1407
TUPY CRAIG A
14510 GLENDALE AVE SE
PRIOR LAKE MN 55372-1407
ANDERSON MYRON F & MARl
14504 GLENDALE AVE SE
PRIOR LAKE MN 55372-1407
BREZINSKI GERALD J & N
14498 GLENDALE AVE SE
PRIOR LAKE MN 55372-1407
WHITNEY JOSEPH & ARIEL
14492 GLENDALE AVE SE
PRIOR LAKE MN 55372-1407
BOYER HUBERT W & CECELI
14484 W ATERSEDGE TRL NE
PRIOR LAKE MN 55372-1460
WORKMAN MATTHEW A & JUD
14468 W ATERSEDGE TRL NE
PRIOR LAKE MN 55372-1460
ANDERSON LORRAINE
6444 12TH AVE S
MINNEAPOL MN 55423-1712
STARR JOE & CAROL
8613 WOOD CLIFF ClR S
BLOOMlNGT MN 55438-1551
GOODCHILD JAMES R & PAT
14450 WATERSEDGE TRL NE
PRIOR LAKE MN 55372-1460
BORKOWSKI MERLE
14444 WATERSEDGE TRL NE
PRIOR LAKE MN 55372-1460
RAUSCH MARK S & PAMELA
14565 GLENDALE AVE SE
PRIOR LAKE MN 55372-1410
ROSZAK THOMAS A & KELLE
14581 GLENDALE AVE SE
PRIOR LAKE MN 55372-1410
~~
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CAMERON ROBERT F & BONN
14597 GLENDALE AVE SE
PRlORLAKE MN 55372-1410
PEARSON MATTHEW G & DON
14551 GLENBALE AVE SE
PRlORLAKE MN 55372-1409
MAAS DENNIS T & SHARYN
14545 GLENDALE AVE SE
PRlORLAKE MN 55372-1409
FREYBERG MARK W & MARY
14525 GLENDALE AVE SE
PRlOR LAKE MN 55372-1409
KIM JENNIFER R
6592 RUSTIC RD SE
PRlORLAKE MN 55372-1469
HEUER JOHN T & LORETTA
14553 GLENDAL'E AVE SE
PRlORL~ MN 55372-1409
LOPI-ZLt~~ NW, 3)IYI~OrncL
~~P(SVI
N~daNAVA\ RSeW
ERlCKSON DONALD W & HEL
14613 GLENDALE AVE SE
PRlORLAKE MN 55372-1410
OLSON MARK J & HELEN F
6571 RUSTIC RD SE
PRlOR LAKE MN 55372-1420
RAUSCH VERNON J & SUSAN
14537 GLENDALE AVE SE
PRlORLAKE MN 55372-1409
GLENN P LUBBERS TRUST
6570 RUSTIC RD SE
PRlORLAKE MN 55372-1469
BUENZ MARK & ROBYN
4161150THSTW
SAVAGE MN 55378-4657
OvI-ZLt~~ NW 3:)IYI~Ornd
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CITY OF PRlOR LAKE
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
FAX # 447-4245 - TELEPHONE # (612) 447-4230
FAX COVER SHEET
DATE: ? - z.-~ ~ bO TIME: 1 !t ~
::~~~p~~~ FAX~: 772-7q71
S U BJE CT: -11 M' ftvvl t-<e_ fJ...Bf{)t..te-6'i:{ R I ~ 6
MESSAGE:_Llw~\O Ve1uCAJ~ ~~<c
~ ~ qe;),q f \Z1l/, ~ <<WJ~e
~ ~ ~ /6/ <((3 q/L9 L/ {{)tJ4hl flLv.
Number of Pages Sent (Including This Page):
L{:
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: Glendale Avenue
An application for a variance to vehicular access below the
907.9', and a 29 foot structure setback to the 904' OHW
APPLICANT: Mark & Robyn Buenz
CONTACT PERSON: Steve Horsman
SITE INFORMATION
PID#: 25-139-004-0
LOCATION: 14513 Glendale Avenue
EXISTING ZONING: R-1, SO
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 Rezoning
x Don Rye X DOUQ Hartman Site Plan
x .-as Kansier x Fire Chief Preliminary Plat
x Jenni Tovar x Bill O'Rourke PUD
x DNR - Pat Lynch MinneQasco Final Plat
County Hwv. Dept. x Watershed Dist. x Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co.
Mediacom Cable Met. Council
Date Received Date Distributed 4/12/00 Date Due 4/17/00
Complete Application Date Distributed to DRC Meeting
Date DRC
Publication Date Tentative PC Date Tentative CC
Date
60 Day Review Date Review Extension
1:\OOfiles\OOvar\OO-027\referral.doc
Page 1
',._' '... . '......,_........--'.'-'....."~....~.,"',...'..~..:.....M--....,,,..~,"'......~......:--~,.....~.,;....,.._.".,......_......-_....~ _,.' ~"., 4 _.~_'-_. .'. .-..,~'--"',_ .._.._~._. __,0< .....,. :...,..... . __ _'~, ...."..___..~".-'-~.~,.,...-..., >.' ... .... ....: L ",_., :....'.._.
.
I have reviewed the attached proposed request for Buenz Case file 00-027PC for the
following:
Water City Code Gradina
Sewer Storm Water Siqns
Zoninq Flood Plain County Road Access
Parks Natural Features leqal Issues
Assessment Electric Roadsl Access
Policy
Septic System Gas Buildina Code
Erosion Control Other
Recommendation: _ Approval
Denial
_ Conditional Approval
Comments:
· St.;trrU.R
f ~ f~.
~r).
~
bz . j/'fJAi~d -do ~ I ~ OtfW
0-1'\ v-oo..tA.
Signed:
o
Please return any comments by
Date:
1/ I~/OD
/ I
Aoril17. 2000 , to
Steven Horsman
City of Prior lake
16200 Eagle Creek Avenue SE
Prior lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
-1
1:\OOfiles\OOvar\OO-027\referral.doc
Page 2
_.:. --., , .."., ---.-"'-..--
I have reviewed the attached proposed request for Buenz Case file 00-027PC for the
following:
Water City Code GradinQ
Sewer Storm Water SiQns
ZoninQ Flood Plain County Road Access
Parks Natural Features Leaallssues
Assessment Electric 'J. Roads/Access
Policv
Septic System Gas BuildinQ Code
Erosion Control Other
Recommendation: L Approval
Denial
_ Conditional Approval
Com~ents: I O.
c;G~
_" J..) uk vv-
..--J.JG " -.-
~.
L -=; 0-
~. ~ _ CA P
U
~~~:~.
...
~
~
Signed:
~1~ ~l'{)~--t\
Date:
..3/28/00
I ,
Please return any comments by ADril 3.2000 ,to
Steven Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
Page 2
I:\template\variance\referral.doc
....,........ ,. _0- '" ......._...,..-=-,>,,-,~.,. ~_.....~.,...;;..._.~_-_ ..,_,...:.._,.,.~",,".~,~~:.',,:~ .'~_'~' .'~ n-~."':-,_-:: ~_.'",,"'''''' -.- _.,,==-~-.. "~--:"-""r.-'.;;::#"..,......,..h.-~.". ,<"~,,,,,-,,,'... ....--,..-'"..,
..
I have reviewed the attached proposed request for Buenz Case file 00-027PC for the
following:
" Water 'f- City Code Gradino
f.. Sewer 1- Storm Water Sions
Zonina Flood Plain County Road Access
Parks Natural Features Leaallssues
Assessment Electric f Roads/Access
Policy
Septic System Gas Buildino Code
Erosion Control Other
Recommendation: L Approval
Denial
_ Conditional Approval
Comments:
~ (-i~ f>c;~- V"J
(~ ~~;::!:;t^ A ~*U::;
0- ~. ~od.~(D
~. ~ t:.J--;r ClP (. t5"
Signed:
~ ;Jc!h1/vv~H
1./ /1 Z- /0 0
, I
Date:
Please return any comments by ADril17.2000 I to
Steven Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
1:\OOfiles\OOvar\OO-027\referral.doc
Page 2
NOV. -03' OO(FRII 14:31
PROBE ENGINEERING CO
TEL:612 432 3723
P. 001
.
ROBE
ENGINEERING
COMPANY, INC.
1000 EAST 146th STREET, BURNSVILLE, MINNESOTA 55337 PH 432-3000
CONSULTING ENGINEERS.
PlANNERS and LAND SURVEYORS
.
I
PROBE ENGINEERING FAX NO. 612-432-3723
FAX TRANSMITTAL COVER SHEET
DATE:
TRANSMITIER:
1l -- 3. - ~e:-o
~~S D~
Please d~liver the following to;
NAME: ~ Q.IV ~ a
ORGANIZATION: ~...\ ~ ~? f, : O~ L.tee..
TRANSMITTED TO FAX NO.: i'l 7 - Y2:!:f s-
Tatal number of pages (including cover sheet): '"S
If you do not receive all the pages in good condition, please call sender at
612-432-3000.
COMMENTS: .r- ee -r + .'{.. ," c.Jf.
t- e W\.~
~"..
?~ JIo v w~ tto ~J
~ IqS r> 6{ e-J(J. (e 4v~^ve. ~ ~ t90~{;:Y:!~/
u
-- - - -- - -- - - - ..- - - -
NOV, -03' OO(FRI) 14:31
PROBE ENGINEERING CO
TEL:612 432 3723
P. 002
. .,
O.Jo\JL NO. .30674:177
ELEVATION CERTIFICATE ~....May31, 1996
FeDERAL EMERGENCY MANAGEMENT ,AGENCY
, NA"nONAL FLOOD INSURANCE PROGRAM
. ATTENTION: Use of this csitlfieats does nat provide a waiver of the fIaad Insurance purchase requireme"t. This form Is used only la.
_ pravidlit elevation Information necessary to ensunl campllance wilh applicable community floodplain management ordinances. to .
deterr,nlne the proper inSUnulce premIum rate, EU1d1or to suppan a request for a Letter of Map Amendment Of Revision (leMA or LeMR).
InstrucUons for completing this fonn can tie found on the following' peg lIS.
SECTION A PROPERlY INFOFlMAT10N
pOA INSURANCe COIoolPAN't USE
POLIcY ""UMBEFl
8ulLDING OWNER'S NAME
COMPANY JoWl: ..uMBER
STFlEET ADDRESS (Including ~. . SUhe
5
Ol1-lEA DESCRIPTION (L.aI and Blailk Numbllrl. ..c.)
. La -{. 4 . G.le ~ (c.. 1. . DAIu....a..J D
'CrTY' I
Pr:"r ~
,SEC110N B
~ A-/)tJIT,a,J 5~ em
~TE ~PCODE
Au-
FLOOD INSURANCe. RAi:.e MAP (FIRM) INFORMATION
Ij~..,
Provide lIle following frem'the proper FIRM (See.lnstnJction5):
,. CCMMUNITY NUM8~
L PMEL NUMEIEA
:L SUFFIX
.&.. DATE DF FIR'" INDex
5. FlFM ZONE!
&. 81'S! FIJXlD ELEYAT10N
(In AQ %an-. lIIII CIIIpln)
. t 70 Lf}t
OOD'l. c....
I (- 19. -'- 1
7. Indicate the eleYaJJon datum system. used on the FlRM for Sase Flood elevations (BFE): NGVD '29 0 Other (dBscribe on bacJq
_.8.Far Zon~s A'or Y, where no BFE Is provided on the FIRM. anc(the community hu establi hed a SA: for' this building site, Indicate
the c:cmmunlty's BFE: I I I I I I.U feat NGVD (or other FIRM datU~ee SeclICln B, Item n.
.
SECTION C BUILDING ELEVATION 'N~RMATlQN
1. ~sing.the Elevation CertifICate Instructions, indicate the diagram numbcH' fram the dllllgrams found on Pages 5 and s that best
dasaibes the subject building's reference ,.vel.....i... .
2(a). FIRM Zones A 1 -MO. AI:. AH, and A (with BFE). The top of the reference !lavel floor from the 5el~ed diagram is a! an elevation
ofl I 1!IOI'I.ltkeEltNGVD~ar~~erFlAMdatu~eeSedionB"I~m7). (.::rO'f.. qt ~CI.~CI.'tt<< fCotJ~
(b). FIRM Zones Y1-Y30. VE. and V (with BFE)~ The boftDm of the lawest horiZontal struCtUral memb of U1e reference level fram
the.selected diagram, is at an elevation C1f I J I I I I.U feet NGVD (or other FIRM daWm-5.lte Section B. Item 7).
(e). FlAM Zone A (without BFE), The floor used as the r:efwencs level from the selected diagram is LLJ.U feet abave 0 or
below 0 (check one) the highest grade edjacent to the buildIng.
(d)_ FIRM Zone AO. The floor used as the reference level from the selected diagram is W.U feel abave 0 or below 0 (check
one) the .highest grade adjacent to the building. If no floDd depth numbElr is available, is the building's lowest floor (reference
leveQ elevated in accordance with the comrn~nity's flolXlplain management ordinance? 0 Yes 0 No 0 Unknown
3. Indicatelhe elevation datull'l sYstem Uliled in determining the above reference level elevations: I'2r NGVO '29 0 Other (describe
under CommenlS on Page 2). (NOTE: If rfle e/ellarlon datum IJ5f1d in measuring the e/eitationf[; differenllhan thal used on
rhe FIRM [see Section B. IIem 7), then c:cnWlf't me e/evalicms 10 the dSRlm sysfflm used on the FIRM and shaw the c:r:mvsrslon
flquallon under Comments on Page 2.) .
4. Elevation raferencs mark used Bppears on FIRM: 0 Yes ~a (See Instructions an Page 4) .
5. The reference level ell!lVation is based on: ~"'ctual ccnstnJction 0 ccnstnlction drawings
(NOTE: Use of construction drawings ;s D~/id if the buDding does nol yst have the fTJfenlflCS level ODO' in place, in wh'~
case this carrlficatl1 witt onJjl be ViJ/1d '0' rhe building during the CCUfSe of a:mstJ'tlcrion. A post-t:z:lnstnJdion S.varlon Certifieste
win bfI requi'!f1d rmt::e t:lQfJStrut;1jOll is CDmplste.) , .
6. The eleyati~n af the loweSt grade immediately adja~nt tel the building is: u...fI.1r!6J.t2I feat NGVD (or ather FIRM datum-sail '.
Secllan B, Item '7), .. . '
SEcnCND.~MMUN~INFORMAnON .
,. If the ccmmLlnity official re~panslble for verifying ,building ellWatiClns.specifies lhat the reference level indicated In Sedlan C, Item'
is not the 'owest ~oClf'" lIS delined In the c::ommunlty's Roodplain mllflagl!lment ordinance. the elevation of lIle ~ildlng's 'owest
nool"" as defined by the ordinance is: I 1 I I I I.U feel NGVD (or omer FlRM datunMil8e SecT.Ion B. Item n.
2. Date 01 the start of ccnstructlon or substantial improvement
FEM4 Form Sl.31, MA.T 93
REIUCES ...u.. PREVIOUS EDI11QoIS
SEE ~ SlOE I'OR CONTltolU.A'I'lC:N
NOV. -03' OO(PRII 14:32
PROBE ENGINEERING CO
TEL:612 432 3723
P. 003
v
SEC11CN E CERnACA110N
This cenificatlan is 10 be signed by a land surveyor, engineer, or ...c:hilBC:l who Is aUIhCH'i%ed by stale or Iacallaw to certify elevation
informatlc;tn when the ellilvatlon information for Zones A1-A3C, AE. AH. A (With BFE),V1-V3C,VE. and.V (with BPE) is requirBCI.
Community affldal. who are authorized by Iell:_ law or onflllanC8 to provide floodplain management information. may also sign the
certIfication. In the case of Zonas AO and A (wlthour a FEMA or community issued BFE), a building official. a propsny owner, or an
, owner'lii reprsssnta1lve may also sign the certification."
J=ieferanCe lavel diagrams 6, 7 and B - Distinguishing Featu~1f me certifier is unable to cenJfy 10 breakaway/non-braaJcaway wall,
enclosure size, Itx:alion of servicing equipment, araa use, wall openings, or unfinished area FeaWra(s), thB" list the Fealure{s) not
included in the certification under Comments bilow, The diagram number, Section C, Item 1, must still be entered.
I r:artffy IflBl rhs infDrmation in Ser:tiDns 8 and C on this C81fificate repteSents my best efforts to interprsl the data avanabl".
I understand thar any fa/s8 Slatement may be punishable by ""e or imprisonment.under 18 U.S. Coris, Ssdion 1001,
Ku ~ s ,e.((
';:ERTlFIEA~
t'<. r"d.
Tm.E . /
a.rr
P.
D~
'l'O~~
UCErolSE "'UNElEA lor 41fl11: SaaI)
LOAuG' .~ \.lV"'~C)~ Pt'"D~t" !~, IA,,-ey: HI;
. tb CMPANT I'IAME
c.J v'.
() IJ---r.-
Co.~ J -L~c..
- -z..c,QO
STATE
15'2 - C'f z.-
PHONE
SIGNATURE
DATE
Capl~ sh~uld be made of this Certificate fot:: 1) community offlclEll, Z) Insurance a!iJ~ntJCQmpany, ~nd 3) building owner.
COMMENTS:
~
;':
ON ~
St.AII II&SEIIENT
A V
ZONES ZONES
-~
PlEw.&. OR COUlIIIiIS
......
I'LCI:lC
-..va,...
..
ZONES
'f1:Ie dIagrams abcve lIIusuate the paints at Which the ele~adons should be measured In A. ~ones and V Zones.
Elevations for all A Zones should be measured at the top of the reference leyet floor. .
Elevations for all V Zones should be measured at the bottom af the lowest horizontal struCftJraI member.
Pag. 2
CITY OF PRIOR LAKE
Impervious Surface Calculations' '... ..
..<1:0. be ~ubmitted with B~ilding Pennit Application)'. .. ' .
. For All Prop~~esLocated in the Shoreland District (SD).
The Maximum Impervious Sur:fu.ce Coverage Peniiitted m 30 Percent.
Property Address /~/~ 'Gt6V~ ~Pt/G
[ZIVI'~ qt, 7tP, 9 ~
Lot Area :tiJ; 5zfi; '3Z,1.63 Sq. Feet x 30% _.......~.~..... ~7~. "
*****:11** ***** * * **************************************':li *** *** ** * *********
LENGTH
WIDTH
SQ. FEET
HOUSE
AITACHED GARAGE
x
x. .
x.
=
=
TOTAL PRINCIPLE STRUCTURE--.----.
z/v
DETACHED BLDGS
(Garage/Shed)
, . ," . - .--. .....~...,
x
TOTAL DETACHED BUILDINGS....-....-.--.....
#A
~VEW ;;)A VED 'AREAS
(Driveway-paved or not) ,
(Sidewalk/Parking Areas)'
x
. x.
x
=
IZ,Jp
=
=
,
~
/3tJO
{tdV.
TOTAL PAVED A.REAS...._..................................
x..
,x.
= ---1 SO .1
=
x.
=
. 'TOTAL DECKS..:..~~..:..~.~~...~.~:.~~~~ '~~:~7 ..
I~ x. d- = / t:; B
x.
OTHER ... C;C~
po~
=
TOTAL OTHER.............----...-.......--.........--
/6&
I J7.(r, 7 l
5"9~r.1;, 1--1 $~g, / -41
Date I - 4- -U:>~o
Phone #- 43 Z - $()OO
fIM 3161,7
(Ze/.
TOTAL Il\1PERVIOUS SURFACE
~~~ER.
Prepared By . I ~tL,
Companyy~L ~:. . :u"&.
f2f:;v($6:J - ~ ';J/~~(): APP '$C-~ ~. .
PetJIPJo ~-11- U~I) !. ~ /'~ I
ROlE CONSUL llNG ENGINEERS,
PLANNERS and LAND SURVEYORS
NGINEERING
COMPRNY. INC.
YORWAY HOMES
PROJECT NO. 9477.00
BOOK zn
PAGE /~ q. 17
l 1000 EAST 146th STREET, BURNSVlLl.E. MINNESOTA 55337
CERTIFICATE OF SURVEY
Legal Description: LOT 4, BLOCK 1, OAKLAND BEACH 5TH ADDITION,
SCOTT COUNTY. MINNESOTA.
~~i) DENOTES EXISTING ELEVATION
(1/fI.5) DENOTES PROPOSED ELEVATION .
__ 8 INDICATES DIRECTION OF. SURFACE DRAINAGE
~/O, 3 == FINISHED GARAGE FLOOR ELEVATION
. N~ == BASEMENT FLOOR ELEVATION
"1/, /6 == TOP OF FOUNDATION ELEVATION
WI, 1ft, . == M)/11tI F~~ - GlAD tJ,A/ t;JMJAE e/A;'A770,.{/
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SBg.42'46"E 1.,0. .
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SCALE : 1" = 40'
!JEloltll /J111;:tJt. : IJ1I.! t UJ Fr. WE$7"
bF 1n()~7 Je/eSTt!/ZL Y ur etJR.
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I hereby certify that this Is a true Qnd correct representation of a tract as shown and described
hereon. As prepared by me this .1!!!..- day of JANUARY , 2/)00 _
Kt!/~fj:J j-II- UPO : API> 'OC~ Fb~tI ,/!ttJ1 llf7CL. /J 11 A
Mb P(ZI(JMtb ft/f).a) ~#7lJ.ftL /UM.uP'.f I.~ Minn. Reg. No. NOBe:,
Aea.AI~ ;/()v~ I If;" PT. 1"It141 JIi'tJS€". '
R/J/((b f#pfJPff!o ~ €UV,477~tJ
fEVlfF/J 'J. tihJO .. /ln1J I11I1-IN PUJ,,!2- - 5tA!?J tJV GI!A1I'~ EtcVA77t!Jff.
EXHIBIT A
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eNGINEERING
-
I HEIIEIIY CEIl1lFY DlAT lHIS PUN WAS
PIlEPAIlEl) BY ME Clll .- lIY ~
_ _ lHAT I All A IlUI.Y
M8SlIREIl [ANt) ~J'6Y'/JJ!.
.- _ LA" Of' _ STAlE
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ON
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PLANNERS and LAND SURVE'tCRS
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PROJECT NO. 9477.00
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CERTIFICATE OF SURVEY
Legal Description: LOT 4, BLOCK 1, OAKLAND BEACH 5TH ADDITION,
SCOTT COUNTY. MINNESOTA.
~~~(;) DENOTES EXISTING ELEVATION
('1/Q.5) DENOTES PROPOSED ELEVATION
__ INDICATES DIRECTION OF SURFACE DRAINAGE
Q/o,83 - FINISHED GARAGE FLOOR' ELEVATION
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I hereby certify that this is a true and correct representation of a tract as shown and described
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f6/l5[J:J 3-i1-'ZJJ1X> : ADD c.c~{ Po~1{ .ANt l?GCL /J tl /J
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R OBE CONSUL llNG ENGINEERS,
eNGINEERING PLANNERS and LAND SURVEYORS
COMPANY. INC.
l 1000 EAST 146th STREET, BURNSVlLLE,
YORWAY HOMES
PROJECT NO. 9477.00
BOOK Z1Cf
PAGE 1ft:, cf- 17
.. ............................................................. ........................................ ................
CERTIFICATE OF SURVEY
Legal Description: LOT 4, BLOCK 1, OAKLAND BEACH 5TH ADDITION,
SCOTT COUNTY. MINNESOTA.
~~.:..'J DENOTES EXISTING ELEVATION
(1/1).5) DENOTES PROPOSED ELEVATION
_ INDICATES DIRECTION OF SURFACE DRAINAGE
Q/o,83 = FINISHED GARAGE FLOOR' ELEVATION
NA = BASEMENT FLOOR ELEVATION
ql/t /6 - TOP OF FOUNDATION ELEVATION
'1//, It, :::: M/I/IV FtaJl< - GLAS tJ# GM~ ELEt/-477tJ-U
SCALE: 1" = 40'
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iJP /J1f}~-r JV~S7ClU Y ~f COR.
7; =: 901, PJ
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I hereby certify that this is a true and correct representation of a tract as shown and described
hereon. As prepared by me this ~ day of JANUARY , 2000 _
t6/lf-EJ7 3-/l-Ut'O : APv c.c~r Po~1/ /N1 ~ /J fl /J
Mb P~f~fCb ~/O,O) u;./Wt//L /tuM~et I. ~. Minn. Reg. No. /9oB(;,
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