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Home My WebLink About00-049 Variance ADDITIONAL MA TERIAL/PLANS AVAILABLE IN LARGE SCALE. SEE THE PLANNING DEPARTMENT FOR ASSISTANCE AT (952) 447-9810. YEAR: (JCrYD d-~~ Scott County Customer Service 200 4th Avenue West Shakopee, MN 00379 #41014 26-JUI.-2000 Name: SWADDDEN, EDWARD T Memorial Torrens TOTAL FOR FEE 1@ 19.50ea 19.50 A Filing 1@ Abstract 19.50ea TOTAL FOR FEE 19.50 RECEIPT TOTAL 39.00 Check 39.00 PAYMENT TOTAL 39.00 CHANGE 0.00 State of Minnesota ) )ss. Cou nty of Scott ) I, Kelly Meyer, being dUlyo;orn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached ~~ 00 -l9<9t( P L is a true and correct copy of the original as passed and adopted by the -fJUJ..JM.1 We;).. CiJMMl<.~f the City of Prior Lake at its (j"VL-\'( 10 I ~~ meeting. Date: 7/ l1 / (!jJC) Kelly Meyer Deputy City Clerk h:\certify.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 00-009PC A RESOLUTION APPROVING A 4.9 FOOT VARIANCE TO PERMIT A VEHICULAR ACCESS ELEVATION OF 903.0 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 BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. Alvin E. Miller has applied fora variance from the Zoning Ordinance in order to permit the construction of a single family dwelling located in the R-l District (low Density Residential) and Shoreland District (SD) at 15276 Flint Road SE, and legally described as follows: Lot 12, "Maves First Lake Addition" in Scott County, Minnesota, and The North 37.00 feet of Lot 13, "Maves First Lake Addition" in Scott County, Minnesota, and that part of Government Lots 1 and 2, Section 36, Township 115, Range 22, Scott County, Minnesota described as follows: Beginning at the northwest comer of said Lot 13, thence westerly along the westerly extension of said Lot 13, to the shoreline of Prior Lake; thence southwesterly along said shoreline to the intersection with the westerly extension of the south line of the north 37.00 feet of said Lot 13; thence easterly along said westerly extension of the south line of the north 37.00 feet to the west line of said Lot 13; thence northerly along said west line to the point of beginning. 2. The Board of Adjustment has reviewed the application for a Variance as contained in Case File #00-049PC and held hearings thereon on July 10, 2000. 3. The Board of Adjustment has considered the effect ofthe proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traf~c 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 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 1:\OOfiles\OOvar\OO-049\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 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 in the Shoreland 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 of the existing public road and the platted lot of record. Reasonable use of the property does not exist without the granting of the variance to permit the building of 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 #00-049PC 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: A 4.9 foot Variance to permit a vehicular access elevation of903.0 feet rather than 907.9 feet as required to be not more than 2 feet below the regulatory flood protection elevation of909.9 feet. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. 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. 2. The electrical easements per Document No. 206761 and Document No. 189142 that currently intrude into the proposed house footprint, shall be partially released by the grantor, Minnesota Valley Electric Cooperative, with proof of release submitted to the Planning Department. 3. 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 I: \OOfiles\OOvar\OO-049\appres.doc 2 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 July 10, 2000. ...-:0-/..___...._ Thomas E. V oOOof, Chair 1: \OOfiles\OOvar\OO-049\appres.doc 3 ~ ;,;1 t 0 lH 4 r ;U t> '1 "::; ,=; CTJ / -.-.......... . "', '--. , ~ J ---- \~ -- ~ ~ 44 d - --........ ........ r-........ \ ........ " ........ '\/ 'i x::..~ <D' a '" .. l " '" ........ "- ..... ........ ~ < IC[ [L[v~ If' .c- 90 I~ -4 t...: . (~~-/~'/~ ;;;-- - '-']:--l' 'J ~ ". g (Xl . N _ <D "'O~ po I. ()) i \~ "-' o .n ~ <D o .. -,,---- <:l ~ ..~ ~~ :t.'l:. ~. ~. , '" ~ " () I I I V) CO '-J ~ CO ~ !dl (.=~ ) \ 'v--.J t I <: CO ~ '-J o 0 OJ ...... (\~ ):r\ ~ no ~ c) In, \ \ iJ ~ ~ ~ ~ ~1 ~~ Ci; cry 4 :"J I\) -l'>.. I I I '" (Xl Ln 1 c) , (., Pl i~S (" I> Cl '" t,.; , " "'-- .0-0 ',,_ ~n ~ .. ....... '. ". --. ". y ,,(j .... //f/ /' ........ ........ ", '-. -'. " '" Cj '" ( ~l ?' ". d m >< :J: - OJ ---- -I )> () <D C' '. ". .' l' i} '" ASSENT OF APPLICANT File #OO-049PC As Approved by Resolution #OO-009PC The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all of the terms and conditions of said Resolution. 3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows: 1108.413 Revocation and Cancellation of a Variance. A Variance may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Variance has violated any of the conditions or requirements imposed as a condition to approval of the Variance, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.414 After One Year. No Construction Required. All Variances shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Variance and the holder of the Variance has failed to make substantial use of the premises according to the provisions contained in the Variance. 1108.415 After One Year. New Construction ReQuired. All Variances shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Variance if a new structure or alteration or substantial repair of an existing building is required by the Variance and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails to make actual use of vacant land, or land and structures which were existing when the Variance was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Variance and no building permit has been obtained, the Variance shall be deemed revoked and canceled upon the occurrence of any of the following events: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. L:\OOFILES\OOV AR\OO-049\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. ~~.~ SIGNATURE OF APPLICANT OL~-~ SIGNATURE OF OWNER q-- [{, -06 DATE 15276 Flint Road SE, Prior Lake, MN 55372 ADDRESS OF PROPERTY L:\OOFILES\OOV AR\OO-049\ASSENT.DOC 2 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MINUTES AND STAFF REPORTS Planning Commission Minutes July 10,2000 . The applicant's letter supports her feelings. V onhof: The variance criteria have been met. MOTION BY CRlEGO, SECOND BY ATWOOD, TO APPROVE RESOLUTION 00-008PC GRANTING A 6.66 FOOT VARIANCE TO PERMIT AN 8.34 FOOT STRUCTURE SEPARATION INSTEAD OF THE REQUIRED MINIMUM 15 FOOT SEPARATION BETWEEN STRUCTURES ON THE NONCONFORMING LOT AND ON THE ADJOINING LOT. Vote taken indicated ayes by all. MOTION CARRIED. B. Case #00-049 Alvin E. Miller has requested a variance to vehicular access lower than 907.9 feet, the minimum required 2 feet below the regulatory flood protection elevation. Zoning Administrator Steve Horsman presented the Planning Report dated July 10, 2000 on file in the office of the Planning Department. The Planning Department received a variance application from Alvin Miller for the construction of a single family dwelling with attached garage. The following variance is being requested: A variance of 4.9 feet to permit a vehicular access to be 903.0 feet rather than the required 907.9 feet, 2 feet below the Regulatory Flood Protection Elevation (RFPE) of909.9 feet. The City Engineering Department has reviewed this variance request and responded that Flint Road is a public roadway, raising the road would affect a lift station located across the street from this property, and would require reconstructing neighboring driveways on the street. Patrick Lynch with the Department of Natural Resources submitted written comments on this request. The DNR believed in this particular case, because the entire length of road would need to be raised significantly, this would not be practical for the individual landowner. The DNR is not opposed to the requested variance with the recommendation that a plan be developed to address access to the property by the owner and emergency vehicles during times of flooding. The staff felt all of the hardship criteria had been met with respect to the variance for a vehicular access elevation more than 2 feet below the regulatory flood protection elevation. In addition, staff recommended three conditions be met by the applicant prior to building permit approval and issuance for the subject lot: 1) Year round occupancy of the property be subject to submittal of an emergency management plan to be approved by 1:\OOfiles\OOplcomm\OOpcmin\mn071000.doc 3 Planning Commission Minutes July 10, 2000 the City Police Chief and Fire Chief; 2) 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; 3) The electrical easements (Document No. 206761 and Doc. No. 189142) that currently intrude into the proposed footprint of the house shall be partially released by the grantor, Minnesota Valley Electric Cooperative. Atwood asked for clarification on the electrical easement. Horsman responded. Criego questioned the lake setback. Horsman explained the setback averaging at 52 feet. Comments from the public: Applicant Alvin Miller, 15276 Flint Road SE, said his objective had been stated by the DNR. It is impractical to raise the road. The other side of the road is undeveloped. Supported the DNR recommendation. Comments from the Commissioners: Stamson: . The variance hardship criteria has been met. . What has been suggested by staff is consistent with previous situations. . Support the request with staff s conditions. Criego and Atwood: . Agreed. V onhof: Concurred with Stamson, the hardship criteria had been met. MOTION BY STAMSON, SECOND BY ATWOOD, APPROVING RESOLUTION 00-009PC GRANTING A 4.9 FOOT VARIANCE TO PERMIT A VEHICULAR ACCESS ELEVATION OF 903.0 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. Vote taken indicated ayes by all. MOTION CARRIED. C. Case #00-050 & #00-051 Shamrock Development is requesting rezoning from PUD 9-93 to R-l and a preliminary plat to be known as The Wilds 5th Addition. Planning Director Don Rye presented the Planning Report dated July 10, 2000, on file in the office ofthe Planning Department. 1 :\OOfiles\OOp1comm\OOpcmin\nm071 OOO.doc 4 AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4B CONSIDER A VARIANCE REQUEST TO ALLOW VEHICULAR ACCESS BELOW THE MINIMUM REQUIRED ELEVATION OF 907.9 FEET, 2 FEET BELOW THE REGULATORY FLOOD PROTECTION ELEVATION OF 909.9 FEET, Case File #00-049 ALVIN E. MILLER 15276 FLINT ROAD SE STEVE HORSMAN, ZONING ADMINISTRATOR DON RYE, PLANNING DIRECTOR _X_ YES NO JULY 10, 2000 The Planning Department received a variance application from Alvin Miller for the construction of a single family dwelling with attached garage. The following variance is being requested: 1. A variance of 4.9 feet to permit a vehicular access to be 903.0 feet rather than the required 907.9 feet, 2 feet below the Regulatory Flood Protection Elevation (RFPE) of 909.9 feet [City Code Subsection 1105.203]. DISCUSSION: Lot 12, and part of Lot 13, Maves 1 st Lake Addition were platted in 1952 [Exhibit A Survey]. The subject lot is located within the R-1 (Low Density Residential) District and the Shoreland District (SO). The property is riparian with 22,459 square feet of area above the ordinary high water mark (OHWM) of 904 feet. The lots dimensions average 110 feet wide by 219 feet deep. The proposed structure's total Impervious surface area is 6,651 square feet (house 3,823 sq.ft. + driveway 2,252 sq.ft. + stoop 116 sq.ft. + patio 460 sq.ft.), and equals 29.6% hardcover of the total lot area (6,651/22,459). 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The proposed lakeside setback from the 904 ft. ordinary high water mark is 52 feet, measured to the structure's eaves/overhangs. This setback was determined by averaging the setbacks for the deck on lot 11 (88 ft), and the deck on lot 14 (15 ft) for a setback average of 51.5 feet (88' + 15' = 103"/2 = 51.5'), as permitted by Shoreland Ordinance Subsection 1104.308 (2) Setback Requirements For Residential Structures. The front yard setback is 52.68 feet, and side yards are 12.04 feet and 15.41 feet. The longest building wall is 76 feet and requires a minimum setback of 14.33 feet (76' - 50' = 26' x 2" = 52"/12" = 4.33' + 10" = 14.33'), as required under Subsection 1102.405(6): Dimensional Standards. The proposed lowest floor elevation for the main level is 910.6 feet with the garage floor drain at 909.9 feet. This meets the allowed minimum elevation of 909.9 feet as required under the Flood Plain Regulations Subsection 1105.203: Regulatory Flood Protection Elevation. In addition, the applicant shall be required to submit certification by a registered engineer, architect or land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of Subsection 1105.802: Certification. Retaining walls on the north and south property lines will be constructed to maintain the minimum 908.9 foot surrounding grade elevation within 15 feet of the structure (or the nearest property line), as required by the Flood Plain Regulation Subsection 1105.401 Permitted Uses. As proposed, the driveway slope will not exceed a 10% grade slope from the garage slab to the street curb, Ordinance Subsection 1107.205 Driveways. The proposed structure is an L shaped Ranch/Rambler with a slab on grade single floor level area of 3,823 square feet, and an attached three car garage of 994 square feet. The floor plan includes a foyer, great room with dining and kitchen area, owners bedroom, guest bedroom, study, 3 baths, porch, mud room and mechanical room [Exhibit B Building Plans]. The electrical easements per Document No. 206761 and Document No. 189142, as surveyed, currently intrudes into the proposed footprint of the house. The grantor, Minnesota Valley Electrical Cooperative shall be required to partially release the easement, prior to the issuance of a building permit for the proposed structure [Exhibit C Easements]. The City Engineering Department has reviewed this Variance request and responded that Flint Road is a public roadway, raising the road would affect a lift station that is located across the street from this property, and would require reconstructing neighboring driveways on this street. Patrick Lynch with the Department of Natural Resources has submitted written comments on this request [Exhibit 0 DNR letter]. In essence, the DNR believes in this particular case, because the entire length of road would need to be raised L:\OOFI LES\OOV AR\OO-049\OO-049PC.DOC Page 2 significantly, this would not be practical for the individual landowner. The DNR is not opposed to the requested variance with the recommendation that a plan be developed to address access to the property by the owner and emergency vehicles during times of flooding. Attachments to this report: Exhibits A, B, C, D. 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. The public road elevation and vehicular access is a condition over which the applicant has no control. In addition, raising Flint Road will affect a sanitary lift station, reconstruction of neighboring driveways and may increase potential flooding on neighboring properties. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The property is an existing platted lot of record with a vehicular access 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. As a platted lot of record the variance is 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. L:\OOFILES\OOV AR\OO-049\OO-049PC.DOC Page 3 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. The granting of the requested variance 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 variance is not contrary to the intent of the Ordinances or the Comprehensive plan as long as all other Ordinances and conditions 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 variance the lot is unbuildable for a single family residence. A hardship exists and the variance is 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 road elevation is an existing condition and not a result of 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 variance, and financial considerations alone are not grounds for granting of the variances. RECOMMENDATION: The staff believes that all of the hardship criteria have been met with respect to the variance for a vehicular access elevation more than 2 feet below the regulatory flood protection elevation. In addition, staff recommends three conditions be met by the applicant prior to building permit approval and issuance for the subject lot: 1) Year round occupancy of the property be subject to L:\OOFI LES\OOV AR\OO-049\OO-049PC. DOC Page 4 submittal of an emergency management plan to be approved by the City Police Chief and Fire Chief; 2) 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; 3) The electrical easements (Document No. 206761 and Doc. No. 189142) that currently intrude into the proposed footprint of the house shall be partially released by the grantor, Minnesota Valley Electric Cooperative. ALTERNATIVES: 1. Approve the variance requested by the applicant, or approve any variance 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 ordinance 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 #00-009PC approving a Variance of 4.9 feet to permit a vehicular access elevation of 903.0 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. L:\OOFI LES\OOV AR\OO-049\OO-049PC.DOC Page 5 RESOLUTION 00-009PC A RESOLUTION APPROVING A 4.9 FOOT VARIANCE TO PERMIT A VEHICULAR ACCESS ELEVATION OF 903.0 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 BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. Alvin E. Miller has applied for a variance from the Zoning Ordinance in order to permit the construction of a single family dwelling located in the R-l District (low Density Residential) and Shoreland District (SD) at 15276 Flint Road SE, and legally described as follows: Lot 12, "Maves First Lake Addition" in Scott County, Minnesota, and The North 37.00 feet of Lot 13, "Maves First Lake Addition" in Scott County, Minnesota, and that part of Government Lots 1 and 2, Section 36, Township 115, Range 22, Scott County, Minnesota described as follows: Beginning at the northwest comer of said Lot 13, thence westerly along the westerly extension of said Lot 13, to the shoreline of Prior Lake; thence southwesterly along said shoreline to the intersection with the westerly extension of the south line of the north 37.00 feet of said Lot 13; thence easterly along said westerly extension of the south line of the north 37.00 feet to the west line of said Lot 13; thence northerly along said west line to the point of beginning. 2. The Board of Adjustment has reviewed the application for a Variance as contained in Case File #00-049PC and held hearings thereon on July 10,2000. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. Because of 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 1: \OOfiles\OOvar\OO-049\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 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 in the Shore land 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 of the existing public road and the platted lot of record. Reasonable use of the property does not exist without the granting of the variance to permit the building of 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 ofthe applicant. 9. The contents of Planning Case File #00-049PC 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: A 4.9 foot Variance to permit a vehicular access elevation of903.0 feet rather than 907.9 feet as required to be not more than 2 feet below the regulatory flood protection elevation of909.9 feet. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. 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. 2. The electrical easements per Document No. 206761 and Document No. 189142 that currently intrude into the proposed house footprint, shall be partially released by the grantor, Minnesota Valley Electric Cooperative, with proof of release submitted to the Planning Department. 3. 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 1:\OOfiles\OOvar\OO-049\appres.doc 2 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 July 10, 2000. ATTEST: J.{m.k OIlmer, Chair ~Yn V~ Donald R. Rye, Planning Director 1: \OOfiles\OOvar\OO-049\appres.doc 3 ICF - FLF'v,,-, 90': /j A-- C- o (J~_/",./~ -0-- I. 0--.. ~,- ~ I 4411 ---'"\---_- -l " 58.4 Vl D ,-~ .-j ;u !> ~ 'l co '1 r;! n ,.., '" (") en () ~-,,---- ~ t) c ~ ..~ 1..... o~ l ~ "- .... ~ " I I I V) Q;) "-l ~ ~ ~ Ul , ~ :::j ~ ~ F ~ " Ci; "J ~ I rr1 z (") fT1 10 \.) CTI "' A ." ,." Z (") fT1 T b c (j) rT"! '" en '" <0 --, 8 , ~ i' , \ , \. , "x~ ~ 8' N ~ '" o , I , , ........ "'-.' , . ........ ......... x,"- ~il '........ ~ ~ .;.. 'M :?' ...... ~ ~ ',8; .2..90 '~ 0'"s, S 00" .::11\; ~ -1 ~ ~ ;0 '^' ........ 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Dlrtlfr tall \M' _,.. ...nfl.I_, ... ~'"'t_""""'" "'........ .,l1lren 1MIPI"ri.1......~I_..l'.....ter.. ""'_1_1 llral_t ...... tM .... 01' tlIe ''''hIof *_t,. A1 _\ ED 'JANEl' SWADDEN RESIDENCE PRIOR LAKE, IIN ..,,,,, \ STREETER & ASSOCIATES I 61H49-9U8 : i .1M'" -'.i.... Ii'_" L.<:t .. c;.. z.oa o AMCI-IITECT. A.IA. .1. - 0' CNCAeLW. PEE.......V!!N.r-N~ Ilete~...._ J1-=- -- l~- I I I 1- IF If: I I I I IF It= I I If I I 1r e @ , , ~ I , @ ~ '" '" I \ / \ , 'f"t... r~ , it I fl:- = ' , p. I I ~ I J 11;- I I I L-- L.t.- - I I I rt .l-,f h- i" lr- @ I b==' i tf' I L- .L.r- A2 '^'.. ,.,..j. ED&JANET SWADDEN RESIDENCE PlIIOlt LAKE, _ "",.... STREETER & ASSOCIATES', \ 61H49-9448 \ -.. Ilau '--'2,-00 1 herwb, 0-":1fy tllllt t~t" .1.., ....ttt.tlG1l. orr~_...r~bt.,,""'~fllrect "","'hIOl, IIICltlllt 1....l'.....U..... "..,...1_1 ~Ittct....... tM 1_ of t_ Iht" Of 1IIue1Ot.. . TIN ON AJltCW1TECT. 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'-~" 1.01-- ~ ' - _Ll.. _ : I l!l ~ <I; I ~ 1 ~ ~ lfl F: ~; "'I I~- I , -0t- I" ~--r [I ~l:.- II ~~~-l[;J ~ + \ ..... ,... ~_--T l-.2 ~ ~- "--- ,,~, V I I ~~.~' z" -, - ~D-I II :d~ I!:e:' @., I ,'-,' ",' ,t I' zL-" III ii' I" ,=- ~I ," ..:::' "c.. ,~' "~,,.~ ...' '"': ';";1 · :;;" "'".. ~ ~;J mm ij,~i U-'I.' '!~i'~fi~.i il~Rli ~~i!~ ;;;!= m;~;m;ni~fi; ni;II>>U~; I il-ft I' II'~ ~I ~ .-~ @.. ":pp II :~~ h~ej~~;~~-~g~,IJ~ i~ ih iU!I;IUIU.~~li: ~I~: ild;!l! i /~: 'c:,. , ,i ,.---/' '''I, ~ ~~H) ~~ ~~~- a i~131~3~.~ ~ ~i :~. !1!!'i'J~I~ill! -;, i1.-;', I ", I ~ ~ 3 '11;,; PW 3 ~i ~I~ ~I ~ ~ Ii :j 3j jR :U; 'i-a 3R I~,: U!ja ~I IU~llll Bl ---- -- .--------_ f W Hi i; i Ii i~ ~ Pf fl~qj!i! i ~ ~iPi.i~; -- %; l@r ~::/'~_.. n _. --------~ I 3 l3 ~ '91 . i . I. I ~ . .. ~ i': fl ~ _/-- ~I ej ~ ~j3 /~ @"'" ~I , I I ~~ // ''',,- I ~r~1 ~'/ ~ '~ t- I ~, ~u ----!-~~ 0_.. I ", i '--l ~ t<. I~.:::- I f. -- <!2l) -I;;r+- ~ U ~ ~~,.~~, ~.~ j~~I"l ~ './-?Nt" ,^'-?'/~ ~1 1~'o'l 1-= ..'..," -- t"l.~~~ I'~ & $z Q ;J 1J r )- Z "- ~- I-'!: ,0; '0'-':. i 1 , ..j- b.tlla. ...,_ ED&JAHET SWADDEN RESIDENCE PRIOR LAKE, IIH ."".. STREETER & ASSOCIATES llr_e,. l.Go ,5TIN ON A~ITECT, AlA .12.""". 3 lb......,o:ertlfytllettlrll..1...lOOtCl'lortl.. ."."....,-t...'r.....o,_tJtIf.......,dlf'lct "....."hiOll, .. tllft 1 M . del, _In,r_ ,...f_tQIII.'..rdlltlC1.....t..I_II,tlle Stu..fltl_Mt.. A3 Dah ".2.t30 o t- - m - :J: >< W I fJ9/lf ?- PARTIAL RELEASE OF EASEMENT (FORM IB) KNOW ALL MEN BY THESE PRESENTS. that MINNESOTA VALLEY ELECTRIC COOPER- A TI VE (hereafter called "Grantor"), an incorporated cooperative association under the laws of the State of Minnesota, for good and valuable consideration, the receipt of which is here- by acknowledged, hereby releases the following described land located in Scott County. Minnesota, to wit: All of Lot 12, Maves First lake Addition tt/fGb EXCEPT The Southerly 10 feet of the Easterly 70 feet parallel and adjoining the Southerly line of said Lot 12 and also the East 10 teet parallel and adjoining Flint Road. from that certain easement executed on. January 14th . 19 38' by }/.rs. Matilda Anderson, a widow to Grantor, record in the office of the Register of Deeds for July 19th . 19 39 as Document No. eleven of Mis c. its successors and assigns and filed for Scott County' on and recorded in Book , on page 620- r.. " As to the lands herein excepted. all ,rights acquired by the Grantor by said easement herein described dated January '14th. "'~ 19 38 are hereby expressly retained and '. reserved to the Grantor, its successors and'assigns, As to the lal}d hereby released, the Grantor hereby reserves to itself, its successors and assigns, the >>'Ight to cut down or trim any trees or Shrubbery located thereon that may inter- fere with or threaten to endanger Grantor's electric facUities, and the Grantor further re- OO'r~IOA to iLoell, it.D OU.UODRAn-wa .....d oco...la--. 60s.... ...l~." -.I~ .......--....--...,... ;n...,..~QQ anti p':,","PRR f....nn" its easement (being the land herein excepted) over and across the lands hereby released by the most convenient route which will cause the least possible interference or inconvenience to the owner or occupant. , Minnesota, this 14th day of October Dated at 19 82 " By AdmIN. A~~ ,) ss. COUNTY OF SCOTT ) On this 14th day of October . 19 82 before me a No- tary Public, within and for Scott County, personally appeared Donald Fradenburgh to ~e personally known, who, being duly sworn did say that he is the General Manager of the corporation named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of said corporation and that said instru- ment was signetl lind sealed in behalf of said corporation by authority of its Board of Direc- tors and sald" ......Acbnin. Asst. acknowledged said instrument to be the f,.. .et,'~~~~~"id eo'PO""on. ~,.Ir}l/,-IJ Notary pUblfftt.;~I~ This Instrumeht"was -darfted by: ,~~ !1>a; I:J. JloH- l\IlNN, ESOTAVAJ,LEY ELECTRIC COOP ERA TIVE I\i;n-~ ttOTN,!PUIUC-_A .. ~ scon COUNTY .JORDAN. l\fiNNESOTA 55352 lAy comntillion ___ Aug. 22,19" \Y. O. /' , \ ,-\('('1. Xo, 12-36-72-16A ,... (' ~~~ 1(;( PARTIAL RELEASE OF EASEMENT (."01\1\1 1 B) i,~ "~{;~\ KNOW ALL lIEN BY THESE.. PRESEJol.. ....... ....~~S<;jTA'VA~~,> . ECTRIC COOPER- A TI VE (hereafter called "Grantor'') .tan Incorporatec!'eOopCt"atlve association under the laws of the State of lllnnesola. (or good and valuable consideration, the"recelpt of which Is here-. by.cknowledged, hereby releases the following described landlociatedln Sea t t County, :Allnnesota, to wit: '. > See the back hereof. ;{IJ~ 'ii. from th.t c:ctrtaln e.-em,...: OXft'Uted on . J9 38 by January 16 ft. HI" ""4_ '.." to Grantor. It. .ut'......or. and ....IItU. and fIIAI fnr ""1'1'" It\Jt\.." "111~" '" ,~" ""tJ~\'ll: '" ~.. ~.t': .'" li'~'\~:~ rr~"t.l"\\\"'~' "I\~." . Ii." II >. ... I , ,.n~.._" ""..,,, It. ~~ I' "'\~""n'\I" m ",\I, ~ 01 "l~!.II.n.(l\., t un lUll" {.;w , Aa 10 tM land. he",ln eXc...lI. 811 rll&ht. acquired by the Grantor by .ald easement herein dc:.erlbed datM J.nuary 110 . J9 3. .re hereby expres.ly retained and re.C!r\....~rto the Grantor, It. .ueeeallOra and ...Ipa, A. to the land hereby releaHel. tbe Grantor hereby reaervea to Itaelf, Its auecessora and a.sllP's, the right 10 cut down or trl", any t",ea or .hrubbery Jocated thereon that may Inter- f~re wUh or threaten to encIanpr Grantor'. electric facllllle., and the Grantor further re- sen'e. to Uaelf, It. aucc:ct.aon and ..aapa. the rapt of reaaonable lngreaa and egreaa from Ita nsement (belnl the land herein dc:ept~ over and ac:roaa the landa henoby releaaed by tbe most convenient route _-bleh will eauae the leaat po.alble Interferenco or Inconvenience to lhe owner or occupant. Dated at Jordaa J9~84 ~ :1: >' . .... 10th da). of December . )llnnellOta, tbl. In thc prcscnce of:'.: . tJ,tl;~;~~/ -R';'1 ~l..6,,- ( .I .., '2) !.,..__..f..~ 1-,1 ,11, (Corporate SnJ) )DNNESOTA VALLEY ELECTJUC COOPERATIVE By /~_~~~~-:~(' _ U. AdmlnhtratiYe Auht t STATE Of )IIS~ESOTA) )aa, COU~T\' Of SCOTT ) (lft lhill 10th day of Deuahr .l'~ bl"ore ml' a ~(O.. lit)' "u\)h~, till"" ."" tur III aU tWl\\)'. IWflQftlll'II..."'" Dona let C, hactenb\luh to me penon.II). kno_, .mo. bflftl dill). ..'Om dad aa)' that hl' Is the Cicmeral Manlller or tbe cof1M)ratlon 8am_ la the foreaolna Inatrumenl and that the _cal (affixed to .ald lnatrument I. the corporale ani of ..Id corporation and that ..ld Inatru- mmt waa slgnc.-d and .ealed In behalf or .ald corporation by authority of Ita Doll 01 Dln~- tors and said Ad.labtr.the Auht.IlL. aeknOYo'lq Id In t t be lhl' (rl'<<." act and det'd of ..ad corporation. This Instruml'llt was d nlted b)': In='='E~OT.-\ \".-\l.t.EY El.EC11tJC COOPERATI\'E .1(lIlDA~. ~1I~='E50TA 53352 ~ ':An,.':J. 80ft- f ~-t.;: tell... _-_A ="\- $>Con CClU'oltl' M, <~_._ ,... )). 1916 I --.... \'. . r : > v :.J;.- ...."..... Except . '* .L f .~ ~_ ~."'~ ~,.-c'I!. II. I ... '" ,,,'.. l'Il1 r, ....... I':l-=~ ." " · t,. ''I'.;>r5'' n , __ ':1_ t., . , s'\ - ..lD~ ."d>(l . .; ';.... "4)n~R (51 ,'~ ~ /iJ,.u)~ ~.." ~._- ~, ~ Metro Waters - 1200 Warner Road, St. Paul, MN 55 Telephone: (651) 772-7910 Fax: (651) 772- ~D rn@@DW@...~ I I -. ~ .ll. - 5 Lml Ii , ,I 793 j! I Minnesota Department of Natural Resources June 30, 2000 EXHIBIT D Mr. Steve Horsman Zoning Administrator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372-1714 RE: Variance Application #00-049, Alvin Miller, 15276 Flint Road, 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: As I understand it, the variance being requested is for vehicular access on a public road at an elevation lower than one foot below the loo-year flood elevation. I assume the setback and impervious surface coverage are in compliance with the provisions of the city's shoreland ordinance. Flint Road at this location is actually below the ordinary high water elevation (904') of Prior Lake. To comply with the required access elevation, the entire length of road would need to be raised significantly. This would not be practical for the individual landowner. As such, DNR is not opposed to the issuance of the variance requested. I do recommend, however, a plan be developed to address access to the property by the owner and emergency vehicles during times of flooding, as the road would be inundated by approximately seven feet during the computed loo-year flood level. Thank you for the opportunity to review and comment on the variance application. If you have any questions, please call me at 651-772-7917. ~;;~ Patrick J. Lync~ Area Hydrologist ) DNR Information: 651-296-6157 · 1-888-646-6367 . TrY: 651-296-5484 . 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste 2000 CORRESPONDENCE o ;, -7;-,"~ Planning Case File No. Do -0 ~ Property Identification No.~ - ::J~)<J 1 () City of Prior Lake . LAND USE APPLICATION D_~~ 16200 Eagle Creek Avenue S.E./Prior Lake, Minnesota 55372-1714/ Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: o Rezoning, from (present zonin~) to (proposed zonin~) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision o Conditional Use Permit oi'variance o Other: Applicant(s)1 AtihtJ ;nU.~i( Address: 7?UJ AI1tOlNdlJO b2ilJi Home Phone: Brief description of proposed project (attach additional 'X shee~/narrativeifdesrred) F"tWl Uf.AJ fGcJlAtf. JOU~sj LL-)) ,/tJAJ ~ ~ ~1.uJv TI4'L /2f(.~J Fi-Uilf) /#tJTf.",C'",J ldvA'" }uJ ,j Applicable Ordinance Section(s): liDs. &{ O'L(4) . E<J;,.JX) /I1AJ ~~~ 9 * . WorkPho1:te: 1Zs ~ Is-JtJ (~ s~ "cd. 'A4~"") r-. "f45". ~ Property Owner(s) [If different from Applicants]: / Sd. 70 -fCltPVI- 4 Address: Home Phone: Type of Ownership: Work Phone: Fee V Contract for Deed _ Purchase Agreement ---/--... , Legal Description of Property (Attach a copy if there is not enough space on this sheet): SJJL ~ To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that applications will not be processed until deemed complete by the Planning Director or assignee. APPl~atJ-~ Date 451JO~ Fee Owner's Signature Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED CONDITIONS: Signature of Planning Drrector or Designee lu-app2.doc DENIED DENIED DATE OF HEARING DATE OF HEARING Date CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (612) 447-4230, FAX (612) 447-4245 RECEIPT # 37318 DATE: OUfttZ/. D'D Received of --.. - dollars the sum of for the purpose of Invoice # $ 16D~6\J DATE & I/o! 00 . , !: ~&ii'~ Yh i ~/Uj?} ~ - I $r.s:(JC;o !1. 0 /J/llb ~ F~ '1' /)/-ff'! I txJ "- DOLLARS ma"::' ~ C " CIS . ~ens SI. Loul. P1Irk I BANK 5050 Excelsior Boulevard ~ .... SI. Loui. Park. MN 55416 . 'I c- 1. 7JJ} """'~ " <::- ~ ~L ~~~~~~ ALVIN E. MILLER 7720 PONDWOOD DRIVE EDINA, MN 55439 4987 75-1656/910 0438846 M' SAFETY PAPER - T- - ~ --- ~ttARlE? R,0TI N~o N )--/7(' AA.H lTfLt A.l,A.. XI~ {P(2..-+1~46D-:? / ." FA:~. -iT? -4'71 I , I Ilb'?6b ~IU~TOIJ~ Bl..VO, D~ERH~VW/M~, ~l7t,)1( , t ' - ~------- ---------, I i I I i I I I ! --- MILLER MANAGEMENT CO., INC. "- ~~",.. 3947 Excelsior Boulevard Minneapolis, Minnesota 55416 Alvin E. Miller l:.l:. l:.l:. '" Office: 612-925-1510 Home: 612-941-6705 ~ REAL ESTATE MANAGERS-BROKERS ~ .. MEMORANDUM DATE: TO: FROM: RE: CC: August 29, 2000 Bill O'Rourke, Police Chief fbBkI CfJ;v~ qv.r ./ .-<2~ Bruce Sames, Fire Chief Steve Horsman, Zoning Administratorllnspector 2nd Emergency Management Plan for 15276 Flint Road Jane Kansier, Planning Coordinator Attached is a revised emergency management plan submitted by the variance applicants, as required in Resolution 00-009PC. Please review and return with your comments or suggestions by September 6, 2000. Any questions, my phone number is 447-9854, or ext. 219. Thank you. .' EmerQencv ManaQement And Evacuation Plan For 15276 Flint Road SE Prior Lake. Minnesota The emergency management and evacuation plan consists of three parts. Part 1 relates to emergency vehicle access to the property, Part 2 relates to owner access to the property, and Part 3 relates to evacuating the property. Part 1 Vehicular access to the property would not be possible if the lake level reached the projected 1 OO-year flood level. The driveway entrance to the property would be at an elevation of 903 feet (Permitted by Resolution #00- 009PC) rather than the required vehicular access of 907.9 feet. If you drew an imaginary line across Flint Road to mark the 907.9 elevation, an emergency vehicle could drive down Flint Road and park at a point that equates to 907.9. At this point on the road the emergency vehicle would be within 20 feet of the Northeast corner of the property and within approximately 180 feet of the closest accessible entrance to the residence. This would be the closest a vehicle could get on Flint Road assuming a water level of 907.9 feet. The home could be reached by walking along the north property line. This property line maintains an elevation of no less than 908, up to the point directly across from the exterior door on the north side of the residence. From that point to the residence the property maintains a minimum 908.9 elevation from the property line to this exterior door. Access to and from the residence would be available via this route and would be completely above the 907.9 foot elevation. Also, from a fire standpoint, the nearest fire hydrant is at the top of Flint Road where it meets Fish Point Road. This is above and beyond any potential flood levels. One other option would be to use the driveway of the home directly to the north, which is higher still. Assuming the then current homeowner didn't mind. This would place the emergency vehicle slightly closer to the residence than the above option. You would still need to walk the rest of the way to gain access to the residence. Part 2 Owner access to and from the residence would be gained by taking the same path as described above. Part 3 Under normal circumstances we would remain in the residence, however, if a life-threatening situation arose we would leave the residence and find appropriate shelter. . ~ ~ .. Emeraencv Manaaement And Evacuation Plan For 15276 Flint Road SE Prior Lake. Minnesota q ~ { z" ~ ~~ The emergency management and evacuation plan consists of three parts. Part 1 relates to emergency vehicle access to the property, Part 2 relates to owner access to the property, and Part 3 relates to evacuating the property. Part 1 Vehicular access to the property would not be possible if the lake level reached the projected 1 OO-year flood level. The driveway entrance to the property would be at an elevation of 903 feet (Permitted by Resolution #00- 009PC) rather than the required vehicular access of 907.9 feet. If you drew an imaginary line across Flint Road to mark the 907.9 elevation, an emergency vehicle could drive down Flint Road and park at a point that equates to 907.9. At this point on the road the emergency vehicle would be within 20 feet of the Northeast corner of the property and within approximately 180 feet of the closest accessible entrance to the residence. This would be the closest a vehicle could get on Flint Road assuming a water level of 907.9 feet. The home could be reached by walking along the north property line. This property line maintains an elevation of no less than 908, up to the point directly across from the exterior door on the north side of the residence. From that point to the residence the property maintains a minimum 908.9 elevation from the property line to this exterior door. Access to and from the residence would be available via this route and would be completely above the 907.9 foot elevation. Also, from a fire standpoint, the nearest fire hydrant is at the top of Flint Road where it meets Fish Point Road. This is above and beyond any potential flood levels. One other option would be to use the driveway of the home directly to the north, which is higher still. Assuming the then current homeowner didn't mind. This would place the emergency vehicle slightly closer to the residence than the above option. You would still need to walk the rest of the way to gain access to the residence. Part 2 Owner access to and from the residence would be gained by taking the same path as described above. Part 3 Under normal circumstances we would remain in the residence, however, if a life-threatening situation arose we would leave the residence and find appropriate shelter. MEMORANDUM DATE: TO: FROM: RE: CC: July 27,2000 Bill O'Rourke, Police Chief Bruce Sames, Fire Chief Steve Horsman, Zoning Administratorllnspector ~ Emergency Management Plan for 15276 Flint Road Jane Kansier, Planning Coordinator Attached is an emergency management plan submitted by the variance applicants, as required in Resolution 00-009PC. Please review and return with your comments or suggestions by August 3,2000, if possible. Any questions, my phone number is 447-9854, or ext. 219. Thank you. July 18, 2000 Alvin Miller 7720 Pondwood Drive Edina, MN 55439 RE: Recording of Approved Variance and Assent Form Acknowledgment Dear Mr. Miller: The purpose of this letter is to advise you that Resolution #00-049PC approving a variance on the property located at 15276 Flint Road must be recorded at the Scott County Land Records Office. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will be null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (Assent Form). Enclosed is a certified copy of the original Resolution to be recorded at the Scott County Recorders office. The other copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Also included is a copy for your records. Additionally, the enclosed Assent Form must be signed by all property owners and returned to the Planning Department prior to the issuance of any necessary permits. If you have any questions about this matter, please contact me at 447-9810. Sincerely, Steven Horsman Zoning Admnistrator/lnspector 1:\OPfiles\OOvar\OO-049\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 July 11, 2000 Thomas E. Vonhof Planning Commission Chair 14411 Watersedge Trail Prior Lake, MN 55372 Dear Mr. Vonhof: Enclosed is Resolution 00-08PC, Seibenaler building separation variance, and Resolution 00-09PC, Miller vehicular access variance. Please review and sign the Resolutions and return in the self addressed stamped envelope provided. The certificates of survey (Exhibit A) are attached. 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, Ljc~ Steven Horsman Zoning Administratorllnspector 16200 ~~ni:lleek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER J1. 2 0 l.ml L i ---~._---~ July 11, 2000 Steve Horsman, Zoning Administrator City Of Prior Lake 16200 Eagle Creek Ave S.E. Prior Lake, Mn. 55372 RE: Emergency Management Plan For 15276 Flint Road SE Dear Steve: Pursuant to a condition of the variance granted last night. Attached you will find an Emergency Management Plan for 15276 Flint Road SE. I am sending it to you as you requested in order to get approval by the City Police Chief and Fire Chief. If there is anything additional that you need in this matter, I can be reached at (952) 445-9080. Sincerely, Edward Swadden '!J'~;~~r'2 ~-[}:; 0 YfJ - i ~~ r~ Minnesota Department of Natural Resources !~ !i) I r-"-~?~~-'.II )) I I~ I Jl -5. ,III! Metro Waters - 1200 Warner Road, St. Paul, MN 55 ~793 ili}) Telephone: (651) 772-7910 Fax: (651) 772- I June 30, 2000 Mr. Steve Horsman Zoning Administrator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372-1714 RE: Variance Application #00-049, Alvin Miller, 15276 Flint Road, 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: As I understand it, the variance being requested is for vehicular access on a public road at an elevation lower than one foot below the loo-year flood elevation. I assume the setback and impervious surface coverage are in compliance with the provisions of the city's shoreland ordinance. Flint Road at this location is actually below the ordinary high water elevation (904') of Prior Lake. To comply with the required access elevation, the entire length of road would need to be raised significantly. This would not be practical for the individual landowner. As such, DNR is not opposed to the issuance of the variance requested. I do recommend, however, a plan be developed to address access to the property by the owner and emergency vehicles during times of flooding, as the road would be inundated by approximately seven feet during the computed 1oo-year flood level. Thank you for the opportunity to review and comment on the variance application. If you have any questions, please call me at 651-772-7917. 91~ Patrick J. Lync~ Area Hydrologist ') DNR Information: 651-296-6157 . 1-888-646-6367 . TTY: 651-296-5484 . 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste June 22, 2000 Alvin Miller 7720 Pondview Drive Edina, MN 55439 RE: City of Prior Lake Review for Application Completeness for Variance Application Dear Mr. Miller: On June 12, 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 variance to vehicular access lower than 907.9 feet, the minimum required 2 feet below the regulatory flood protection elevation. 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 July 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 your representative is expected to be in attendance. If you cannot make the meeting, please let me know. Youwill 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 August 12,2000, to October 12,2000. If you have questions please call me at (612) 447-9854. Sincerely, Steve Horsman Zoning Administrator/Inspector c: Edward Swadden I:\template\variance\complete.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 f'Lt rpy Ed Swadden Budget Liquor 6268 Hwy 101 Shakopee,~ 55379 via fax (612) 445-0137 RE: 15276 Flint Road, Prior Lake Dear Ed, This letter serves as a follow-up to our meeting on Tuesday, April 25, 2000 regarding the redevelopment of 15276 Flint Road. Setback averaging from the OHW (904) is permitted. The survey indicates adjacent setbacks from waterline. This is not the 904 elevation. Survey must be revised, and OHW setback allowed can then be determined. With setback averaging, you can be no closer than 50 feet. Setback averaging is used to determine the front yard setback. The survey should indicate the setback of all structures within 150 feet on either side. We will utilize the one house to the north and the two houses to the south. Setbacks can be measured to the garage. The minimum setback, as a result of averaging, can be no closer than 20 feet and no further than 50 feet. You can place your house more than 50 feet back. The required setback is a minimum. The required side yard setbacks are 10 feet on each side. Ifthe sidewall ofthe proposed house is longer than 40 feet, then the setback is increased 2 inches for each foot the sidewall is over 40 feet. Overhangs greater than 2 feet are not allowed to encroach the required setbacks. Maximum impervious surface cannot exceed 30% of the total lot area. This includes all hard surface areas and structures. Provide impervious surface worksheet. Minimum floor elevation is 909.9. This includes mechanical systems and lowest floors, habitable or not. A minimum grade of908.9 is required at least 15 feet beyond the structure. Access to the lot must be at 907.9. The current access is at approximately 904 elevation. There are two options for achieving compliance with the flood ordinance. The first is to raise the road and the second is to apply for a variance. Considering the road is public, you would have to enter into a "Private Us~ of Public Property Agreement" or 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER apply to the City to vacate the roadway in order to raise the road at your expense. Another options is to petition the City to install the improvements. If the roadway remains public then the road, whether constructed by you or the City, would be constructed to city standards. This includes hardsufrace (bituminous) and curb and gutter. The maximum slope allowed is 8% for public roads and 10% for driveways. With respect to applying for a variance, you would have to show hardship with respect to property as to why the road cannot be raised. If there are alternatives to raise the road, there may not exist hardship. Financial considerations alone do not constitute sufficient hardship. Based on the survey submitted, and topographical information available, it appears the road can be raised to provide access to your lot at 907.9 or above. Raising of the road just needs to get to your driveway. If you were to locate a 20 foot wide drive at the northerly side of the lot, then you would have 100 feet (in front of your lot) to bring the grade back down to match existing. The elevation at the southerly portion of the lot, along the street is 902. If the elevation at your drive is 908, the grade difference is 6 feet. This results in a slope of 6%, which is acceptable. With regard to the property to the north, it is unknown the effect of raising the street will have on their driveway. It appears part of their driveway is at/above 908 and part is below. You may have to work with the neighbor to raise their driveway to match the proposed 907.9 minimum road elevation required. The most expedited means to raise the road would be for you to enter into a "Private Use of Public Property Agreement" and to construct the road yourself to city standards. Vacating the roadway will take a minimum of 60 days, as City Council approval is required. Petitioning the City to complete the improvements will take even longer, as City Council approval is required, funding must be determined, and a public hearing process is required. Staff would be happy to discuss these options with you in greater detail. Your building permit application must include a survey with proposed elevations and setbacks. A separate grading permit will be required to raise the road. Weare unsure at this point if a separate DNR permit will be necessary to fill below the 904, even though it is not located on the lake. Weare in the process of contacting the DNR regarding this. Please contact me if you have any questions at (612) 447-9813. Sincerely, _ ~ Cc: Sue McDermott, Assistant City Engineer Miscellaneous L:\TEMPLA TE\FILEINFO.DOC -- -- - - - --- -- - - - - - t\~~~AO\ COG4r To a..R..~~ 0 Q L .:.\! ~'i 4)(t~W 4~~-'5 71 I ( k 0 ) 0 ~ - ~ - 0 0 4 ~ 20 f,h ~ PARTIAL RELEASE OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that MINNESOT A VALLEY ELECTRIC COOPERATIVE (hereafter called "Grantor"), an incorporated cooperative association under the laws of the'State of Minnesota. for good and valuable consideration, the receipt of which is hereby acknowledged. hereby releases the following described land located in S cot t County, Minnesota, to wit: All of Lots 12 and 13, Maves First Lake Addition, Scott County, Minnesota, and that part of Government Lots 1 and 2, Section 36, Township 115, Range 22, Scott County, Minnesota, EXCEPT the easterly 10 feet along dnd abutting Flint Road from that certain easement executed on J a n u a r y 14 ,1938 byMrs. Mathilda And e r son, a wid 0 w , to Grantor, its successors and assigns and filed for record in the office of the Register of Deeds for S cot t County on J u 1 y 1 9 , 193 9 as Document No. 189142 & 206761 and recorded in Book. 11 of Misc. .~r~. "~Ol ~jJJtl. JtJ.Ua As to the lands herein excepted, all right acquired by the Grantor by S3JQ eaw~described dated _ _ 1Jai'IQ" J a n u a r y 14 .. 1 9 3 8 are hereby expressly retained and reseIVed to the Grantor, its successors and assigns. As to the land hereby released, the Grantor hereby reserves to itself, its successors and assigns, the right to cut down or trim any trees or shrubbery located thereon that may interfere with or threaten to endanger Grantor's electric facilities, and the Grantor further reserves to itself, its successors and assigns. the right of reasonable ingress and egress from its easement (being the land herein excepted) over and across the lands hereby released by the most convenient route which will cause the least possible interference or inconvenience to the owner or occupant. Loc. No. 12 - 3 6 - 20- 7 7 C Dated at Jordan, Minnesota, this 7th day of J u 1 y .2cP~. In the presence of: L Y ELECTRIC COOPERATIVE . .@IN IJ :;jr)n0eh11H r! /Jl, ~ ;6~~~ (Corporate Seal) STATE OF MINNESOTA ) COUNTY OF SCOTT ) $S. ) : . I day of Jlul y , 20 ~before me a Notary Public, within and On this 7 t h for S cot t COWlty, personally appeared Roger Geckler to me personally kno"n, who, being duly Sworn did say that he is the Gen~ral Manager of the corporation named in the foregoing instrument and that the seal affixed to said iirument is the corporate seal of said corporation and that said instrument was signed and sealed in half of said corporation by authority of its Board of Directors and said General Manager acknowledged id instrument to be the free act and deed of said corporation. -.can ur=-.... ~ ~ &.A.. -~ NOlal)'Public Statute 358.15 #2 This Instrument was drafted by: MINNESOTA VALLEY ELECTRIC COOPERATIA VE JORDAN, MINNESOTA 55352 Scott County Customer Service 200 4th Avenue West Shakopee, MN 55379 # 48868 08-SEP-2000 REPRINT 08-SEP-2000 Name: SWADDEN EDWARD A Filing Abstract TOTAL FOR FEE T Memorial Torrens TOTAL FOR FEE RECEIPT TOTAL Check PAYMENT TOTAL CHANGE 1@ 19.50ea 19.50 1@ 19.50ea 19.50 39.00 39.00 39.00 0.00 I fJ91'.f ?- PARTIAL RELEASE OF EASEMENT (FORM 1B) KNOW ALL MEN BY THESE PRESENTS. that MINNESOTA VALLEY ELECTRIC COOPER- A TIVE (hereafter called "Grantor"), an incorporated cooperative association under the laws of the State of Minnesota, for good and valuable consideration, the receipt of which is here- hy acknowledged, hereb'y reteases the following described land located in Scott County, Minnesota, to wit: All of Lot 12, Maves First Lake Addition ti4~f, EXCEPT The Southerly 10 feet of the Easterly 70 feet parallel and adjoining the Southerly line of said Lot 12 and also the East 10 teet parallel and adjoining Flint Road. from that certain easement executed on. January 14th . 19 38 " by }/.rs. Matilda Anderson, a widow to Grantor, record in the office of the Register of Deeds for July 19th ,19 39 as Document No. eleven of Misc. its successors and assigns and filed for Scott County on and recorded in Book , on page 620- y/ .II As to the lands herein excepted, all .rights acquired by the Grantor by said easement herein described dated January '14th .; 19 38 are hereby expressly retained and ", reserved to the Grantor, its successors and'aflsigns. As to the lal}d hereby released, the Grantor hereby reserves to itself, its successors and assigns, the Might to cut down or trim any trees or shrubbery located thereon that may Inter- fere with or threaten to endanger Grantor's electric facUities, and the Grantor further re- DO'r'TOR to lLD~lr. i:t.o OU,uo,:a;AAnwa o.b.cl oo~t.,...-. .1.._ .,leI-" ....1 ...___....__Ll..... ;...fI"1"'~OQ ann f:t~P,:zA f,..^n" its easement (being the land herein excepted) over and across the lands hereby released by the most convenient route which will cause the least possible interference or inconvenience to the owner or occupant. Dated at 19 82 Jordan Minnesota, this 14th day of Oct.ober " By Adml..... A~...,... .,) ss. COUNTY OF SCOTT ) On this 14th day of October .19 82 before me a No- tary Public, within and for Scott County, personally appeared Donald Fradenburgh to me personally known, who, being duly sworn did say that he is the General Manager of the corporation named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of said corporation and that said instru- ment was signea and sealed in behalf of said corporation by authority of its Board of Direc- tors and said~ "-Adinin. Asst. acknowledged said instrument to be ,.. fr.. ad,~~~~;?~d ~rpontion. N~/~~ Th is Illstrllmeilt"was'darfted by: l . --", r:J)a~!I(:J. CJloH- l\IINNESOTAVJ.\.LLEY ELECTRIC COOPERA TIVE ~ NOIM' IUIUC-_. .JORDAN, r.nNNESOTA 55352 ::~-=T~1986 \\',0, /' '\ \ .\('Ct. No, 12-36-72-16A t.. " ~OIlY J/VI1Q'j ----- g/ . )'91 \ ~ (5' cIC) HlI jfJ /IJAO.It1'o'D ~ 'M8N..JfIIII/d 0(,/,1 III/d ;ql r fllJf/! Ifp /.Id~ ,:lJtIiIH1~~1I . I\q~.I"]'I I , ~ 'I 1 LO:JS' 10~..LNOO:J t r b "-1 Q ~ _ ~ <. C) <;:).' a ~~ at. ~~ '" "'" . o '" C) '-'"' ~ ~ I - - ( >. \010.1 ~. ~~ ~f)' 1C;l PARTIAL RELEASE OF EASEMENT (.'on~l 1 B) ..'t~},_~j KNOW ALL MEN BY THESEPRESErrrs,. ..~..~~~sc:>T- . VALL!~;ELECTIUC COOPER- ATIVE (hereafter caned "Grantor',..an Incorporated cOop<<:t'atlve assoclatlon under the laws o! the State of JoIlnneaota, for good and valuable consideration, the'recelpt of whlcb Is here- . by acknowledged, hereby releases the fol1owlngdeacrlb~ landlociated In S C.o t t County, Minnesota, to wit: ' ." ' See the 'ack bereof, ;{fJ7/ ',.i.. ,., from that certain ~as~m""t oxocuted on January 14 . 1938 by na \lUa Aft.. "." to Onntol'~ Ita .ut'......or. and ....,111'. .nd nl"1 fnr fh~", u, "'..... ~n'l.. N 'ft" "."""''tt '" ~.. ~.." ~ j11~. \ ~ ::. r r..... \,'l\\\"'~' "" . ~., ,. .1I l. n,.' , ,J l~~" tHU'''' "'., ..,... H " " '1"",m'\I\' '" ",\\, -+.b:- 01 . Ma.~.llah~".' . "R P"Il" h;m t Aa to ,..... landa ht'reln t'~...-d, all rl,bla acquired by the Grantor by said easement herein deacrlbed datc.-d J.nuary 14 , 19 3. are hereby expres.ly retained and reac:r\'e~rto me CranlOr, au aucc:eBHn and ....Ips. Aa 10 the land heRby releaad, the Grantor hereby reaerves to lueJr, Us auccessors and aaalgna, the rlptto cut down or trllll any tre~s or abrubb~ry located thercon that may Inter- f",re with or threaten to ~pr Grantor'. ~Iectrle facllltlea, and the Crantor further re- .en'e. to Itael'. Ita .ucc:eaaora and ...Ipa, the rip' of rea.onabl~ Inl1"e.. and egre.s from It. e....ement (belnathe land herein .rxeepted) over and aero.. the land. hen.-by released by the moat convenient route .-hleb will eauae the Ie..' po..lble Interference or Inconvenience to the owner or oec:upant. Dated at J9 84 Jordan 10th day 01 Dee..ber . ltlnlleaola, thl. . : I. E ... : . ..... JoUNNESOTA VALLEY ELECTRIC COOPERATIVE By /~tn~#~.t"'-:~/ - Ita Ad.1nhtrall.e Aulal t In the presence of:', : . <f1t,;~i/~/r.', ~l~'\- ( ./ .., 'U ~. ,..__..l.: y-,I ,Ih~ (CorporAte Seal)/ STATE 0.. )IISNESOTA) ).., COUNTY 0.. SCOTT ) (lQ lh1l1 10th day of Deuat..r ,11.1!..--lwIore m.. · SII- tlU')' "\l\.)h~, w""'" ,nd 'Ul' tIt... H t...~, IWr....n)' 1111"""'" Dona 1 el c. hael.nbuuta to me penonaUy kno.... .-ho, b.alll duly a.-om did .a)' thllt be la the Gt!neral )lanlller of the corporation named to the fore&olna lostrumenl and that the lI~al ftfCIxed to .aId lnatrumcmt I. tbe corporate.eal of old corporation and that ..Id Inatru- ment waa .'cnl.-d and .e.lt'd In behalf or aald corporation by .uthorltyof Ita Boa of Dln.~- tors and said Ad.lnbtraUn AubtaDt.. .c:knowlq ad In t t be: the free act and det'd or old corporation. This Instrument was d r.tt'd IJ)": ~11='='E~OTA \'Al.1.E\' ELECTRJC COOPERATI\'E .IOnDA='. )1l='='E50TA 5';352 ~ !/).n,: j. a.g- , !t.;: _06,___A =,,\R": Kon Cc:IVNfl' M. ( ~......,... 22. 1916 ..J \'. . f . , v '~ Exc.pt .# d ">, t" ... .. !?- ...., !...!. . .. :-~_ ". " ., a. I .. ". ."... l'lo1 l'~ ........ ~,.=" '. · to. .".:#5' n __ ,~_ t., . , Sq - "~.'d>(' . . ;" '~'.. n2n~_ ~tJ~ ~-~ ~._- ~I- llr,p.:;, .' ~ CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: Variance 00-049 . l If'" Alvin Miller Steve Horsman SITE INFORMATION , ~>L. OJ'\. A,,,,t- ~. APPLICANT: CONTACT PERSON: PID#: LOCATION: EXISTING ZONING: 15276 Flint Road R-1, SD 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 Rezoninq X Don Rye X Doug Hartman Site Plan X Jane Kansier X Fire Chief Preliminary Plat X Bill O'Rourke PUD X DNR - Pat Lynch Minneqasco Final Plat County Hwy. Dept. Watershed Dist. X Variance MNDOT Telephone Co. Vacation SMDC Electric Co. Mediacom Cable Met. Council Date Received Date Distributed 6/20/00 Date Due 6/27/00 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-049\referral.doc Page 1 .. I have reviewed the attached proposed request [Name & Case File] for the following: Water City Code Gradinq Sewer Storm Water Siqns Zoninq Flood Plain County Road Access Parks Natural Features I/Leqallssues Assessment Electric -V Roads/Access Policy Septic System Gas Buildinq Code Erosion Control Other Recommendation: / Approval Denial _ Conditional Approval .. Signed: ~ tu-eD~ Date: ~ /23/60 I I Please return any comments by June 27, 2000 to Steve 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-049\referral.doc Page 2 :*tI;,j~~~,~~',~ '~. i '" ~/!/ / ", " '" , ") .... () m ~. ::> " 0'.." I .'~ ~ ~, . . ~ ~ ~ ~ (.)t,d6 "': to: o. m. O~..~ ~ ~ . \ '& : '~..: , '5t' .. ,"1 <0 "'~ <,~ .~. " '" ) cJ :) :4.1 ~. ~ ~: (::X)' !;;;~, . -',' ." ~~,>r.N!: ([~ . - ,'~ .' .,.... ~,i~,<i.~}: ~Cll" , ~~. ,,; < ~ ~/. ," ,\:b1 ~d ;:'i';~}:X':.' ',.- . .. ,~ . .:.:-~ ,i}(:~~ '; I! ol,;:, .{" l IS "~ '<ta -- -- Os. . ~J:----.. ,'., .... . . . :, ~.t~.: 10 */.."?/.~~) , 1 ',[}'l06 ,7 ); /;/ ;:;:-1:37J JOt :;":;' . '..~". .,0. ""7 )' "', --..:;/ "'- , "'- "" " "'- .. '" '" '" o m "" 1"'- .. ---------- 1------- I I I i I I I () R, I I I I I 1 \ \ I I I I I \ I \ I I I I I 'j '\0 "'-- w u z (JJ Ie -' ;r cr I- ::; CL If) m ~; o m X f ~ C\j "" Cl:) "- w u Z "J l~ -' ~ :;:: I- ::J CL If) , Ie) C\j Cl:) ~ '" Cl:) V) I I I HH / "-- Id 'i [" c -' ;" cr I- ~J CL U1 v'g, on "OJ o '" " ~ --~- <D ...... ..I <0 <0 o m x !;5r "l OJ "l I~ I~ ~ ::,,::: U w o ~ l --- - ------ -- - -- -- - - - ------ j I Ii r, (' .----.---- '';'-' '----. ---- .. .--,----.- NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A VARIANCE TO VEHICULAR ACCESS LOWER THAN 907.9 FEET, THE MINIMUM REQUIRED 2 FEET BELOW THE REGULATORY FLOOD PROTECTION ELEVATION FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-l DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 15276 FLINT ROAD, SE, PRIOR LAKE, MN. 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 County Road 21 and Fish Point Road), on: Monday, July 10, 2000, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Alvin E. Miller 7720 Pondwood Drive Edina, MN 55439 SUBJECT SITE: 15276 Flint Road SE, Prior Lake, MN, legally described as Lot 12, "Maves 1st Lake Addition" in Scott County Minnesota (Partial Legal) REQUEST: The applicant is intending to construct a single-family house with attached garage. The vehicular access to the lot is more than 2 feet below the regulatory 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 21st day of June, 2000. Steven Horsman City of Prior Lake To be published in the Prior Lake American on June 24,2000. L:\OOFILES\OOVAR\OO-049\HEARNOTE.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 NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A VARIANCE TO VEHICULAR ACCESS LOWER THAN 907.9 FEET, THE MINIMUM REQUIRED 2 FEET ' BELOW THE REGULATORY FLOOD PROTECTION ELEVATION FOR THE CONSTRUCTION OF A FUTURE SINGLE FAMILY DWELLING ON PROPERTY LOCATED IN THE R-l DISTRICf (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICf - (SD) IDENTIFIED AS 15276 FLINT q ROAD, SE, PRIOR LAKE, MN. I 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 SEI (Southwest of the intersection of C.R. 21t and Fish Point Road), on: Monday, July T 10, 2000, at 6: 30 p.m. or as soon thereafter as possible. Edina, MN 55439 SUBJECf SITE: 15276 Flint Road SE, Prior Lake, MN, legally described as - Lot 12, "Maves 1 st Lake Addition" in . Scott County Minnesota (partial Legal) , REQUEST: The applicant is intending to construct a single-family house with attached garage. The vehicular access to the lot is more than 2 feet below the regulatory nood protection elevation. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be dir:ected 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 21" day of June, 2000. Steven Horsman City of Prior Lake (Published in the Prior Lake American on Saturday, June 24, 2000; No. 7324) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Scott ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 'J...3,) 'I' was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and' of type used in the com sition and publication of the Notice: Stan Rolfsrud, General anager or his designated agent Subscribed and sworn before me on thi'?~~'Y or~, 20()(] gz~'7ikt~k4j Notary Public tf GWEN M. RADUENZ NOTARY PUBLIC MINNESOTA *,. My Comm~sion Itx~es Jan. 31, 2005 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $12.00 per column inch Maximum rate allowed by law for the above matter................................. $12.00 per column inch Rate actually charged for the above matter............................................... $9.25 per column inch NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A VARIANCE TO VEHICULAR ACCESS LOWER THAN 907.9 FEET, THE MINIMUM REQUIRED 2 FEET BELOW THE REGULATORY FLOOD PROTECTION ELEVATION FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-1 DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 15276 FLINT ROAD, SE, PRIOR LAKE, MN. 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 County Road 21 and Fish Point Road), on: Monday, July 10, 2000, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Alvin E. Miller 7720 Pondwood Drive Edina, MN 55439 SUBJECT SITE: 15276 Flint Road SE, Prior Lake, MN, legally described as Lot 12, "Maves 1st Lake Addition" in Scott County Minnesota (Partial Legal) REQUEST: The applicant is intending to construct a single-family house with attached garage. The vehicular access to the lot is more than 2 feet below the regulatory 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 21st day of June, 2000. Steven Horsman City of Prior Lake Mailed on June 29, 2000. L:\OOFILES\OOV AR\OO-049\OO-049PN .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 .:~. .' ", ", .... o Ol o -------- ~ " ... l. ~ ~~ ~ ~~ ~C' ~ \} --\1 r t; ~ Q >- , y () Lu C'J Ld (f) -) 6 T v " OcY Vl '" oi o " ",Q --<'/v // ": --..Y .' " <J' '-.. '-. " I" " '. ", " f<) .. N ,a; r? ~~~'- " C;vl f<) w U Z W LL I I I ~ r-...: 0;) - ~ ~ lllI , , ~ ~ ~ "- 0;) lI) I I I 9H / (J .. o Ol --A- Vl . 'V U ..J ~ ~S ---- <ow 0 I ). ~,..~- k.1 .... - - ~~"'--=:..~.,....___ __ IS' - 1 --=~-=..,.Il .. ~ . "\:t ~~ 3lvn .{ "&ns .... ~ -~.O;p $~ " -a;! ~ _c N...... ) ~ - - -...\.....- <Xl vB, C) '" 0 --...:.. --- ::::---. ___ Ol 3Nn3~OHS '___, <Xl {? " :.' I { ,/ ~ J I '-- .... AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) · ~ OftheCity~OrLak Minnesota, b~ing dul sworn, says on ~e day OF 2000, she served thea~ffl""'!lnstOha~ the .. tt-O ~() \ ~. , by mal mg 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:\DBPTWORK.\BLANKFRM\MAILAFFD.OOC ( ( r \ J ~ .1 & <:F "- ,r~ (ji)UYI.l hl:"lS I PATRICK M & JULIE C CHOQUETTE 15228 BUJEDORN CIR PRIOR LAKE MN 55372 HAROLD W & BETTY R GUSTAFSON 4614 FALLON CIR PORT CHARLOTTE FL 33948 ROBERT S & DIANNE F DENMAN 15184 FISH POINTRD SE PRIOR LAKE MN 55372 JULIE A VALINE 15268 FISH POINT RD SE PRIOR LAKE MN 55372 DONALD A VOlT A 1521<4 FISH POINT ROAD SE PRIOR LAKE MN 55372 VERNON C & MARILYN JOHNSON 15292frLINT RD SE PRIORLAKE MN 55372 BRUCE & KAY PARRISH 15198 FISH POINT RD SE PRIOR LAKE MN 55372 (~)091:; IO! ;llP!<!lual ilSf1 ALAN R & MARILYN R GIERKE 15242 BLUEDORN CIR PRIORLAKE MN 55372 HAR.OLD A & NANCY A STROBEL 15228 FISH POINT RD PRIORLAKE MN 55372 1tPBERT A & LORRAINE D HOTVET 15215 FISH POINT RD SE PRIORLAKE MN 55372 M,ARLIS M BLUEDORN 15290 FISH POINT RD SE PRI~LAKE MN 55372 IUCHARD L & MONICA ROE 15207 FISH PT RD PRIORLAKE MN 55372 WILLIAM K & MARLENE K HAYDEN 15302 FLINT RD SE PRIOR LAKE MN 55372 MN Dept. of Natural Resources Attn: Pat Lynch, Div. of Waters 1200 Warner Road St. Paul, MN 55106-6793 ;+'''; ...~' 'J ~ 'xtg: ;. t ~ <try OF PRIOR LAKE ctfY ADMINISTRATOR 1<100 EAGLE CREEK. 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[J I 06 J.Jj I \ ,/1 t.... , j \. ~ .---.--........ . --.. . --- , -...-. ----. ---- . ~/!J7J JJ/ v 7 210 21 ~-- / JANET AND ED SW ADDEN N o I SCALE 20 I 40 I 60 I" FEET IN o DENOTES IRON FOUND . DENOTES IRON SET.' -DENOTES DIRECTION OF SURFACE FLOW IlUl DENOTES EXISTING, ELEVATION (xxx) DENOTES PROPOSED, ELEVATION " ,PROPOSED EJ.:EVATIONS "'0'-9 LOWEST FLOOR (~A~A6# .e-t.,,~,(~p,,/!/A/) ~}O.OlGARAGE FLOOR@J POOl? ,~It1.\ TOP, OF, FOUNDATION , ~ !f).(, ,,/JlIt',r /. (/01(. LEGAL DE>CRIPTION: Lot 12, "Maves First Lake Addition" in Scott County, Minnesota. and The North 37,00 feet of Lot 13, "Maves First Lake Addition" In Scott County, Minnesota, and that part of Government Lots 1 and 2, Section 36, Township 115, Range 22, Sc:;ott County, Minnesota described as follows: r 'I Beginning at the northwest corner of said lot 13, thence westerly along the westerly extension of said Lot 13, to the shoreline of Prior Lake; thence southwesterly along said shoreline to the intersection with the westerly extension of the south line of the north 37.00 feet of said lot 13; thence easterly along said westerly extension of the south line of the north 37,00 feet to the west line of said Lot 13; thence northerly along said west line to the point of beginning. -k ~urveyor'snotes: -The el~caI easeme~ pe;00c. No.,.2P6~61 ahd Doc. No. 189i42 ~tiY ;~ Into proposed footprint of,ho~. These will_~ to be partially released. - - - . '.', " ' - ~ '- 'i~' l.,)',. --. '," . . . . ~ ..... ... ,'~ v l. Setbacks ' street = 30.6 (de~~tr.'eraging:thefoll~wing) house on Lot l1~f~l:,'~i. . , '.,' , , garage on Lot l~r_~~ records, not field verified)= 25 garage on Lot. 14 *'fJ;,9'f.V . 60 + 25 + 6.9 "" 91.9 < ,':'91.9/3 == 30.6 'f" lakeside =51.5 (determined by averaging the following) . deck on Lot 11 "" 88' deck on Lot 14'.a 15 '" ' . " .' 88 + 15 :,103 ,,1'03./ 2'" ~H.S' " , ' ',;" , side (north) =W.~dctennin~ byJhc following) . . .:' , , " . lO(minimum) +~': ~X 2" -n;'''' 1/."3 ~ing Jqngth of side wall exc;eeding: JIll" stde (south) =,10, . .' ,..,.'. ',. ,..": : . (note: eaves not to'exceed setback bymore.than'2) ':.', 1" .. .: J:....: .. '.~, ! \ ..' JJ. : j' " ~: . { '. I ~ I~l area (to o~ ~gl1 water)"; 22,459 sq. ft. +/.. =0.5156 acres . J '.' .' . II/Hardcover : " , Iv I .. house (footprint) =3,823 / driveway = :.-..~ ~"tfZ. 7 =mOOP=~6_~4'6' '. ( . . 'i,~.;)\::ti:>:,:;'. ;' <;:' ':;:':~;::fi(,<:. "1:~ ; ..-..... .' , ,:; .-": :;; :; :.~. '.\ .', ~? I .' .< .",. I .- ,'~' ,','.;, I.' ...', ':/ 'I .,.. · '::':~j~,;t " . It.,; "" ," ....,' !t' .~';' . . .:.'I~ .; t.. '. .... .. ~ : \ ~," ~.;\ " '! . ,y;~~ '1'. . '," .' . :./'1 .,' ~'.: .". '{ total sYoposed~" 6:6"'. .... % pll'ccl beingbardcovereda 29.~ (6,6ft! 22,459) ~"" .. . ", ';'.~L' . . '. :.' " ./(~ " ",{ , ,. . , .... ~" .;.. ~-'..:.i" ~..:':.-_..' ~t..~~.~..,." .:/.__ ...~". .' "~..'" . '.~ / ': ;,.i. " / ., ,~. ~ ~ ;:::. . :>- .,u J - ~ t t4l~H, ~ I' , I.' l; " I "~ ~ I>,~.J L. 11 I . Ht'.... . . \'1'" ir-' , i...~' t.~.tJit ~~ I !i r Hhi Vi e r r: ! i l.I-1 - ~~ . ; "l-: · li' ~ l ~. : f I II , J" ,'$'