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Home My WebLink About00-070 Variance I ,-...... .. Planning Case File No. Property Identification No. City of Prior Lake LAND USE APPLICATION l)(JJ-0"70 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 zonina:) to (proposed zonin~) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision o Conditional Use Permit Brief description of proposed project (attach additional sheets/narrative if desired) (c/Y/vve. e)(lJ'ttr15 Jl/"vc.1v/e r -' Variance o Other: Ie/.) /., c. e "",,' tA , Applicant(s): f3 () 13 01 TT /11 ~ 11 Address: / 6 J. D CI S J Fr~ "c.,'J Home Phone: 'I 'I () - J.. 0 Cf 7 t.w jJr.vr te..l<. Work Phone: Property Owner(s) [If different from Applicants]: E Of r / 01 rT/h '1/1 Address: J65'"]CI LJ"'n~'/~ A-", .5- Home Phone: Lf C/ 7 - 3 8" 7 Y . Work Phone: Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement--" Legal Description of Property (Attach a copy ifthere is not enough space on this sheet): L 0 T II G/~el1 He,? 4 tJ 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. /3v? ~ ()~ Applicant's Signature 6-/-vO Date Fee Owner's Signature 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 / Doc. No. A 490851 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 12-05-2000 at 01 :20 Receipt: 64282 Pat Boeckman, County Recorder 01 by (2O;OY, Deputy Fee: $20.50 Project # f;r STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, ereby certifies the attached hereto is a true and correct copy of the original. RESOLUTION # OO-OllPC' CASE FILE # 00-070PC on file in the office of the City Planner, City of Prior Lake. Kelly Meyer Deputy City C erk Dated this 9th day of November, 2000 (City Seal) .. I: \OOfilesIOOvarIOO-070\truecopy.doc RESOLUTION 00-011PC A RESOLUTION DENYING A 15 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 10 FEET FROM A PROPERTY LINE ABUTTING A STREET RATHER THAN THE REQUIRED 25 FEET. A 13.5 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 11.5 FEET FROM A PROPERTY LINE ABUTTING A STREET, AND A 91 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE AREA OF 2,467 SQUARE FEET (36.7%) RATHER THAN THE EXISTING IMPERVIOUS SURFACE AREA OF 2,376 SQUARE FEET (35.3%). BE IT RESOLVED BYthe Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Bob Dittman has applied for variances from the Zoning Ordinance in order to permit the construction of a detached accessory structure on property located in the R-l (Low Density Residential) District and the SD (Shoreland) District at the following location, to wit; 16530 Dunkirk Avenue, Prior Lake, MN, legally described as follows: Lot 11, Green Heights, Scott County, Minnesota, according to the recorded plat thereof. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #00-070PC and held hearings thereon on September 25,2000. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, the proposed variance will 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. .. 1:\OOfiIes\OOvar\OO-070\dnyrsOO-ll.doc 1 Y. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 5. The proposed accessory structure increases the existing encroachment into a front yard setback. The applicant has control over the location and size of the accessory structure, such that the hardship created has been created by the applicant. 6. While there is an existing structure on the lot, there is no justifiable hardship caused as reasonable use of the property exists without the granting of the variance. There is a legal alternative location for construction of the accessory structure without vanances. 7. The granting of the variance, as originally requested, is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship. The factors above allow for an alternative structure to be permitted with a reduced variance or none at all. 8. The contents of Planning Case #00-070PC 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 denies the following variance for an accessory structure (as shown in attached revised Exhibit A); 1. A 15 foot Variance to permit 10 foot setback for an accessory structure rather than the required 25 feet setback from a property line abutting a public street. 2. A 13.5 foot variance to permit an 11.5 foot setback for an accessory structure rather than the required 25 feet setback from a property line abutting a private street. 3. A 91 square foot variance to permit a total impervious surface area of 2,467 square feet (36.7%) rather than the existing impervious surface area of 2,376 square feet (35.3%). Adopted by the Board of Adjustment on October 9,2000. --;-~ 1. IV! Thomas E. V onhof, Commissio 1:\OOfiles\OOvar\OO-070\dnyrsOO-ll.doc 2 REV.. 9/7 /00 TO SHOW 10' SHED SET8ACK. "'''''''Contractor to verify house dimensions prior to construction"""'" REV. 8/28/00 TO SHOW CHANGE TO SHEDS. I heroby certify that th,s survey was prepared by me or under my dirtt:f 5upervi5;on and that J nm t1 rlulv Ii("~nsed. Land Surveyor under th.e. 16~,jU UUNKIHK AVt.I~Ut. PRIOR LAKE I MN. 55372 -'-,. ." ~". FRANKLIN TRAIL OFFICE CONDOMINIUM' PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 - 2570 f' ,'I A SURVEY ~ y/\~ /: ..>." ~<C-~ · G<f.. v ,'~ ,nO 0'''' 00":3 <:/\0'0... ~6 1 ~e. .;,0' .;,'6 '60' EXHIBIT \ \ (~) ,- ~ \ \/ ~. ~o.\' /. / / ~.yg.1'1 . ~ (J'l (J'l ';) to 0- ". ..' ./ / r ~ (J'l ~ ~ o c. ~ 'f-. - ~ 'f-. \)st. .,.0 1L (.\ ~. c. ,{1\ ~Gt. Gp..~ t.'-' $\.p.& 1.' q".1\ . DESCRlPTION: ~ q~\;\ Lot 11, GREEN HEIGHTS, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from said property if any as of this 14th day of July, 2000. NOTES: Benchmark Elevation 948.20 T.N.H. @ se quad. Dunkirk & Green Hts. Trail. 951.6 Denotes existing grade elevation x . Denotes proposed finished grade elevation ~ Denotes proposed dir~tion of finished surface drainage o 20 40 ~ ~<f..t>- \ \" '(\~~ y.. <c- \ G \ \ q.~~.q& ... ., , Doc. No. A 490852 OFACE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on ., 12-05-2000 at 01 :20 Receipt: 64282 Pat Boeckman, County Recorder 01 by ~, Deputy Fee: $20.50 Project # rj!-l'. 1. ~~ r --"f;~ \.... 'IIM~ Li _~(.L J 1 t'f 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 # 00-013PC: CASE FILE # 00-070PC on file in the office of the City Planner, City of Prior L e. Dated this 9th day of November, 2000 I: IOOfiles100var100-0701trucpyO 13.doc RESOLUTION 00-13PC A RESOLUTION APPROVING A 17.4 FOOT VARIANCE TO PERMIT A 7.6 FOOT FRONT YARD SETBACK TO A PRINCIPAL STRUCTURE INSTEAD OF THE REQUIRED 25 FEET. BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. Bob Dittman has applied for a variance from the Zoning Ordinance in order to permit the construction of an addition to an existing single family dwelling with attached garage located in the R-l (Low Density Residential) and SD (Shoreland Overlay) Districts at 16530 Dunkirk Avenue, and legally described as follows: Lot 11, Green Heights, Scott County, Minnesota, according to the recorded plat thereof. 2. The Board of Adjustment has reviewed the application for variances as contained in Case File #00-070PC and held hearings thereon on September 25,2000. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. Because of conditions on the subject property regarding existing structure location 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 lot size in the R-S District. This situation creates a hardship with respect for the preservation and enjoyment of a substantial property right of the owner. l:\template\variance\appres.doc 1 x.. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL QfPORTUNITY EMPLOYER . . 6. There is justifiable hardship caused by the minimum lot width required today and the platted lot of record. Reasonable use of the property does not exist without the granting of the variance to permit an improvement to 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. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 9. The contents of Planning Case File #00-70PC 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 Revised Exhibit A: 1. A 17.4 foot variance to permit a 7.6 foot front yard setback to a principal structure instead of the required 25 feet. The following condition's must be adhered to prior to the issuance of a building permit for the proposed structure: 1. The building permit is subject to all other City Ordinances and applicable agency regulations. 2. 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 D~i~~ I~. 0-:4. Ilbl::ll ~ 17 r, Chair 1^c.1!V'G' tJt: .",hd v~ 2 16530 DUNKIRK AVENUE PRIOR LAKE I MN. 55372 . . SUITE /20-G, lo157U rNAI'II\L.m I"...'.... FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447- 2570 .' ~ EXHI~fT A SURVEY ~.>e'0 \ ,- ~ ~ y..~,l"y..-<.<; / ~'<~-, G'<-~~~ /_"~ 0'7,,'0' . oo~ <:/\0'0'" ~6 1 ~e ~O. ~':J. ~O. '"\ <(\ l>- \ \,.. r' "1 \ V . ~,. / 10' / / 93-9.19 ... 'V1 IS) 'Ql 01 -; CO .. <;. ... ./ /' ~ 01 ~ ~ o C- -z,. .,:.. - -,l .,:.. v<lt. ,,0 ~ '" ~. C- .'" \ \ ~Gt. GIito"- t.\.' 'S,\.p.61.\ .,.". ..~')...e ... DESCRIPTION: ~ f4~\;\ Lot II, GREEN HEIGHTS, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from said property if any as of this 14th day of July, 2000. NOTES: Benchmark Elevation 948.20 T.N.H. @ se quad. Dunkirk & Green Hts. Trail. 951.6 Denotes existing grade elevation x Denotes proposed finished grade elevation --... Denotes proposed di~~ction of finished surface draina~e 20 REV. 9/7 /00 TO SHOW 100 SHED SETBACK. "'''''''Contractor to verify house dimensions prior to construction'""'''' REV. 8/28/00 TO SHOW CHANGE TO SHEDS. I h~,.by c",Iify rho' ,hi. !JUI'Y~ wo. pr~pored by m~ or under my diron supervision and 'ho' o 40 ASSENT OF APPLICANT File # 00-070PC As Approved by Resolution # 00-013PC 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-070\ASENT2.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 ofthe Resolution. )I_C/_GU DATE /5J .> u;7?- SIGNATURE OF APPLICANT SIGNATURE OF OWNER 16530 Dunkirk Avenue SW, Prior Lake, MN ADDRESS OF PROPERTY L:\OOFILES\OOV AR\OO-070\ASSENT.DOC 2 ASSENT OF APPLICANT File # 00-070PC As Approved by Resolution # OO-OllPC 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 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-070\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 ofthis Resolution is in reliance on the representations that I will fully comply with all ofthe 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 ofthe Resolution. J I ~ j- (j () DATE A~) O.~ SIGNATURE OF APPLICANT SIGNATURE OF OWNER 16530 Dunkirk Avenue SW, Prior Lake, MN ADDRESS OF PROPERTY L:\OOFILES\OOV AR\OO-070\ASSENT.DOC 2 Planning Commission Minutes October 9, 2000 The proposed amendment is consistent with the intent and purpose of the Zoning Ordinance and the Comprehensive Plan to provide a range of housing options for the population. This amendment will also allow the development of housing fulfilling a need in the community. Staff recommended approval of this amendment with the modification to remove the reference to the C-l district. Comments from the public: Larry Johnson, President of Crystal Care, stated they are working with the City on developing a 40 unit senior assisted living with 20 units of regular care. Crystal Care supported this amendment. Comments from the Commissioners: Criego: . Supported the recommended changes as they are consistent with the Planning Commission's original recommendation on this issue. Stamson: . Agreed Atwood and V onhof: . Support the amendment as proposed. MOTION BY CRIEGO, SECOND BY ATWOOD, TO RECOMMEND CITY COUNCIL AMEND SECTIONS 1103 AND 1106 OF THE PRIOR LAKE CITY CODE. Vote indicated ayes by all. MOTION CARRIED. 5. Old Business: A. Case ##()()..O70 Dob DittmaR Variuce Resolution. Zoning Administrator Steve Horsman presented the Planning Report dated October 9, 2000 on file in the office of the Planning Department. The Planning Commission held a public hearing to consider 4 variance requests by Bob Dittman for the proposed construction of additions to an existing single family dwelling, and one new accessory structure to replace two existing accessory structures on the property located at 16530 Dunkirk Avenue. After reviewing the applicant's proposal with regards to the variance hardship criteria, the Planning Commission directed staff to I :\OOfiles\OOplcomm\OOpcmin\l 00900mn.doc 2 Planning Commission Minutes October 9,2000 draft a resolution approving the front yard setback with respect to the house additions, and to prepare a resolution denying the accessory structure setback and impervious surface variances. The following variance is approved in Resolution 00-013PC: 1. A 17.4 foot variance to permit a covered deck addition to a principal structure to be setback 7.6 feet from the front property line rather than the minimum required setback of 25 feet The following variances are denied in Resolution 00-011PC: 1. A 15 foot variance to permit an accessory structure to be setback 10 feet from a property line abutting a public street rather than the required 25 feet. 2. A 13.5 foot variance to permit an accessory structure to be setback 11.5 feet from a property line abutting a private street rather than the required 25 feet. 3. A 91 square foot variance to permit a total impervious surface area of2,467 square feet (36.7%) rather than the existing impervious surface coverage area of 2,376 square feet (35.3%). Comments from the Commissioners: Criego: . Questioned what would happen with the current sheds around the property. Horsman said they would be removed. Stamson: . Both resolutions reflect the Findings. Supported both Resolutions. Atwood: . Agreed V onhof: . Concurred with Commissioners. MOTION BY STAMSON, SECOND BY ATWOOD, APPROVING RESOLUTION 00- 013PC GRANTING A 17.4 FOOT V ARlANCE TO PERMIT A 7.6 FOOT FRONT YARD SETBACK TO A PRINCIPAL STRUCTURE INSTEAD OF THE REQUIRED 25 FEET. Vote taken indicated ayes by all. MOTION CARRIED. I :\OOfiles\OOplcomm\OOpcmin\ 1 00900mn.doc 3 Planning Commission Minutes October 9. 2000 MOTION BY STAMSON, SECOND BY ATWOOD, APPROVING RESOLUTION 00- IIPC DENYING A 15 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 10 FEET FROM A PROPERTY LINE ABUTTING A STREET RATHER THAN THE REQUIRED 25 FEET. A 13.5 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 11.5 FEET FROM A PROPERTY LINE ABUTTING A STREET, AND A 91 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE AREA OF 2,467 SQUARE FEET (36.7%) RATHER THAN THE EXISTING IMPERVIOUS SURFACE AREA OF 2,376 SQUARE FEET (35.3%). Vote taken indicated ayes by all. MOTION CARRIED. B. Case #99-067 Mark Liesener Variance extension. Zoning Administrator Steve Horsman presented the Planning Report dated October 9, 2000, on file in the office ofthe Planning Department. The Planning Department received a written request for a one year extension of an approved variance from Mark Liesener. The Planning Commission approved a variance to the minimum lot area that expired on September 27,2000. The time extension request was submitted on September 26,2000, after notification by this office of the impending expiration. Variance Resolution 99-021PC, originally adopted on September 27, 1999 approved a variance to the minimum lot area for a single family dwelling as follows: 1. A 52,496 square foot variance to permit a lot area of 34,628 square feet rather than the minimum lot area of2 acres (87,120 square feet) required to be buildable in an R-S District (Rural Subdivision Residential) [City Code]. The original owner and applicant, Mark Liesener, decided not to build on the subject lot and has recently sold the property to Daniel Pinkevich. The new owner intends to build a single family dwelling in the Spring of2001. Without the variance extension the lot would become unbuildable again and the new owner would be required to apply for the same variance that was approved on September 27, 1999. The Planning Staff has reviewed the extension oftime requested. The lot in question is a nonconforming lot of record. A variance is required before any construction will be allowed on the property. Staff recommended the Planning Commission approve the extension oftime request for one year from the original termination date, or until September 27, 2001. This will allow the new property owner time to apply for a building permit and commence construction in the Spring of2001. I :\OOfiles\OOplcomm\OOpcmin\1 00900mn.doc 4 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 5A CONSIDER RESOLUTION 00-013PC APPROVING A VARIANCE REQUEST TO GRANT A 17.4 FOOT VARIANCE TO PERMIT AN ADDITION TO BE SETBACK 7.6 FEET FROM A FRONT PROPERTY LINE, AND CONSIDER RESOLUTION 00-011PC DENYING A 15 FOOT VARIANCE AND 13.5 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 10 FEET AND 11.5 FEET FROM PROPERTY LINES ABUTTING PUBLIC AND PRIVATE STREETS, AND A 91 SQUARE FOOT VARIANCE TO PERMIT INCREASED IMPERVIOUS SURFACE AREA OF 2,467 SQUARE FEET (36.7%), (Case File #00-070) 16530 DUNKIRK AVE SE STEVE HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR YES X NO October 9, 2000 The Planning Commission held a public hearing to consider 4 variance requests by Bob Dittman for the proposed construction of additions to an existing single family dwelling, and one new accessory structure to replace two existing accessory structures on the property located at 16530 Dunkirk Avenue (Exhibit A Survey). After reviewing the applicants proposal with regards to the variance hardship criteria, the Planning Commission directed staff to draft a resolution approving the front yard setback with respect to the house additions, and to prepare a resolution denying the accessory structure setback and impervious surface variances. The following variance is approved in Resolution 00-013PC: 1. A 17.4 foot variance to permit a covered deck addition to a principal structure be setback 7.6 feet from the front property line rather than the minimum required setback of 25 feet [City Ordinance 1102.405: Dimensional Standards; (3,5)]. The following variances are denied in Resolution 00-011 PC: 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447A245 AN EQUAL OPPORTUNITY EMPLOYER 1. A 15 foot variance to permit an accessory structure to be setback 10 feet from a property line abutting a public street rather than the required 25 feet [City Ordinance 1102.800: Residential Performance Standards; (8)]. 2. A 13.5 foot variance to permit an accessory structure to be setback 11.5 feet from a property line abutting a private street rather than the required 25 feet [City Ordinance 1102.800: Residential Performance Standards; (8)]. 3. A 91 square foot variance to permit a total impervious surface area of 2,467 square feet (36.7%) rather than the existing impervious surface coverage area of 2,376 square feet (35.3%) [City Ordinance11 04.306: Impervious Surface Coverage; (1)]. RECOMMENDATION: The Planning Staff recommends approval of Resolution 00-013PC approving the front yard setback variance for the proposed principal structure additions as surveyed in Exhibit A. Also, staff recommends approval of Resolution 00- 011 PC denying the proposed accessory structure setback variances and increased impervious surface area variance as proposed in Exhibit A. ALTERNATIVES: 1. Approve Resolution 00-013PC and Resolution 00-011 PC, or approve any variances the Planning Commission deems appropriate in the circumstances. In this case, the Planning Commission should direct staff to prepare a resolution with findings approving the variance requests. 2. Table or continue discussion of the item for specific purpose. ACTION REQUIRED: Staff recommends Alternative #1 . This action requires two motions as follows: 1) A motion and second adopting Resolution 00-013PC approving a 17.4 foot setback variance to permit an addition to a principal structure be 7.6 feet from a front property line. 2) A motion and second adopting Resolution 00-011 PC denying a 15 foot variance to permit an accessory structure to be setback 10 feet from a property line abutting a public street; a 13.5 foot variance to permit an L:\OOFI LES\OOV AR\OO-070WRPT2-070.DOC Page 2 accessory structure to be setback 11.5 feet from the property line abutting a private street; a 91 square foot variance to permit increasing the existing impervious surface coverage area from 35.3% (2,376 square feet) to 36.7% (2,467 square feet). L:\OOFI LES\OOV AR\OO-070WRPT2-070.DOC Page 3 RESOLUTION 00-013PC A RESOLUTION APPROVING A 17.4 FOOT VARIANCE TO PERMIT A 7.6 FOOT FRONT YARD SETBACK TO A PRINCIPAL STRUCTURE INSTEAD OF THE REQUIRED 25 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Bob Dittman has applied for a variance from the Zoning Ordinance in order to permit the construction of an addition to an existing single family dwelling with attached garage located in the R-l (Low Density Residential) and SD (Shoreland Overlay) Districts at 16530 Dunkirk Avenue, and legally described as follows: Lot 11, Green Heights, Scott County, Minnesota, according to the recorded plat thereof. 2. The Board of Adjustment has reviewed the application for variances as contained in Case File #00-070PC and held hearings thereon on September 25, 2000. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, including the location of the existing structure, 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 existing structure does not meet required setbacks. This situation creates a hardship with respect for the preservation and enjoyment of a substantial property right of the owner. The additions to the existing structure will not reduce the existing setbacks any farther. 1:\OOfiles\OOvar\OO-070\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 6. There is justifiable hardship caused by the location of the existing structures. Reasonable use of the property does not exist without the granting of the variance to permit an improvement to 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. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 9. The contents of Planning Case File #00-70PC 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 17.4 foot variance to permit a 7.6 foot front yard setback to a principal structure instead of the required 25 feet. The following condition's must be adhered to prior to the issuance of a building permit for the proposed structure: 1. The building permit is subject to all other City Ordinances and applicable agency regulations. 2. 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 October 9,2000. Thomas E. V onhof, Commission Chair ATTEST: Donald R. Rye, Planning Director 1:\OOfiles\OOvar\OO-070\appres.doc 2 uv_ _,., I........ SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (6/2) 447-2570 16530 DUNKIRK AVENUE PRIOR LAKE, MN. 55372 EXHI~IT A SURVEY ~ ''l,,6 ~o "- 00 ~\6!t.. ~ro 1 ~e~ '60' '6'6. '60' "<.~ry..\'-' ~? ~~\~~ !3' \ \/ ~"~. /' to' / 93'J.19 .. % '0'\ 0'\ ~ ~ ,,~. ./ Ii.. ~ '0'\ -0 Ci .- <::> c:. -z. -,:. .... ~ -,:. ,jo;t. ,,0 ..Gt. Gra.~ t."'. ~\..~& t\ ..." q~'),lIa. .. ~ DESCRIPTION: .~\;\ Lot II, GREEN HEIGHTS, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from said property if any as of this 14th day of July, 2000. NOTES: Benchmark Elevation 948.20 T.N.H. @ se quad. Dunkirk & Green Hts. Trail. 951.6 Denotes existing grade elevation X Denotes proposed finished grade elevation --+ Denotes proposed dir~ction of finished surface drainage 20 REV. 917/00 TO SHOW 10' SHED SETBACK. "'''''''Contractor to verify house dimensions prior to construction"''''''' REV. 8/28/00 TO SHOW CHANGE TO SHEDS. I h.,eby c.,tify that this wrvey was preparod by me ar under my direct supervision and that I nm a dulv licensed Land Surveyor under the o . 40 Planning Commission Minutes September 25, 2000 B. Cue FUe #CJO..87,..bDittm_iI requestieg a variance to construct an addition to a principal structure and a.n accessory structure less than the minimum required 25 foot setback to a street right-of-way, also a variance to permit over the maximum allowable impervious surface area of 30 percent. Zoning Administrator Steve Horsman presented the Planning Report. The Planning Department received a variance application from Bob Dittman for the proposed construction of a covered deck addition, porch additions, a rebuilt garage addition to an existing single family dwelling, one new accessory structure to replace two existing accessory structures. The following variances are being requested: 1. A 17.4 foot variance to permit a covered deck addition to a principal structure be setback 7.6 feet from the front property line rather than the minimum required setback of 25 feet. 2. A 15 foot variance to permit an accessory structure to be setback 10 feet from a property line abutting a public street rather than the required 25 feet. 3. A 13.5 foot variance to permit an accessory structure to be setback 11.5 feet from a property line abutting a private street rather than the required 25 feet. 4. A 91 square foot variance to permit a total impervious surface area of 2,467 square feet (36.7%) rather than the existing impervious surface coverage area of 2,376 square feet (35.3%). Lot 11, Green Heights, was platted in 1928. The property is located within the R-l (Low Density Residential) and the Shoreland Overlay districts. The lot is not riparian but has dedicated lake access rights. The applicant does not own either of the adjacent parcels. The lot is approximately 50 feet wide and approximately 135 feet deep with a total lot area of 6,721 square feet. The Department of Natural Resources submitted comments objecting to increasing the impervious surface coverage as proposed. The Planning Staff has determined the variance requests do not meet the hardship criteria as described in conditions 1 thru 9. The requested variances are contrary to City Ordinance 1107.2303: Special Requirements. (2) Nonconforming Structures. a) Permitted Construction. Construction, which does not extend, expand or intensify the nonconformity. Staff therefore recommended denial of this request. Comments from the public: Bob Dittman, 16200 St. Francis Lane, contractor and son of the home owner, said he understood the City's concerns. Dittman said he did not care about the sheds but felt the decks should be accessible and covered for safety reasons. 1:\OOfiles\OOplcomm\OOpcmin\mn092500.doc 4 Planning Commission Minutes September 25. 2000 Comments from the Commissioners: Atwood: . No comments at this time. Stamson: . Regarding the 17.4 foot front yard setback - Felt the first hardship criteria is met. The deck is not increasing encroachment toward the street. Supported the setback. . Does not support the shed setbacks. . Agreed with the DNR, the impervious surface variance can be met. . Questioned staff on removing some of the driveway to maintain the existing impervious surface. Kansier explained the ordinance states they could not Increase. . Did not agree with the impervious surface request. V onhof: . Agreed with the first variance request. . Did not believe the shed setback and impervious surface criteria had been met. MOTION BY STAMSON, SECOND BY ATWOOD, DIRECTING STAFF TO PREPARE A RESOLUTION GRANTING THE 17.4 FOOT VARIANCE TO PERMIT A COVERED DECK STRUCTURE. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY STAMSON, SECOND BY ATWOOD, DIRECTING STAFF TO PREPARE A RESOLUTION DENYING A 15 FOOT VARIANCE TO PERMIT A 10 FOOT ACCESSORY STRUCTURE SETBACK FROM A PROPERTY LINE ABUTTING A STREET RATHER THAN THE REQUIRED 25 FEET. A 13.5 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 11.5 FEET FROM A PROPERTY LINE ABUTTING A STREET, AND A 91 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE AREA OF 2,467 SQUARE FEET (36.7%) RATHER THAN THE EXISTING IMPERVIOUS SURFACE AREA OF 2,376 SQUARE FEET (35.3%). Vote taken indicated ayes by all. MOTION CARRIED. V onhof explained the appeal process. 5. Old Business: 1:\OOfiles\OOplcomm\OOpcmin\mn092500.doc 5 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4B CONSIDER A REQUEST TO GRANT A 17.4 FOOT VARIANCE TO PERMIT AN ADDITION TO BE SETBACK 7.6 FEET FROM A FRONT PROPERTY LINE, A 15 FOOT VARIANCE AND 13.5 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 10 FEET AND 11.5 FEET FROM PROPERTY LINES ABUTTING PUBLIC AND PRIVATE STREETS, AND A 91 SQUARE FOOT VARIANCE TO PERMIT AN INCREASED IMPERVIOUS SURFACE AREA OF 2,467 SQUARE FEET (36.7%), (Case File #00-070) 16530 DUNKIRK AVE SE STEVE HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR _X_ YES NO SEPTEMBER 25, 2000 The Planning Department received a variance application from Bob Dittman for the proposed construction of a covered deck addition, porch additions, a rebuilt garage addition to an existing single family dwelling, one new accessory structure to replace two existing accessory structures (Exhibit A Survey). The following variances are being requested: 1. A 17.4 foot variance to permit a covered deck addition to a principal structure be setback 7.6 feet from the front property line rather than the minimum required setback of 25 feet [City Ordinance 1102.405: Dimensional Standards; (3,5)]. 2. A 15 foot variance to permit an accessory structure to be setback 10 feet from a property line abutting a public street rather than the required 25 feet [City Ordinance 1102.800: Residential Performance Standards; (8)]. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3. A 13.5 foot variance to permit an accessory structure to be setback 11.5 feet from a property line abutting a private street rather than the required 25 feet [City Ordinance 1102.800: Residential Performance Standards; (8)]. 4. A 91 square foot variance to permit a total impervious surface area of 2,467 square feet (36.7%) rather than the existing impervious surface coverage area of 2,376 square feet (35.3%) [City Ordinance11 04.306: Impervious Surface Coverage; (1 )]. DISCUSSION: Lot 11, Green Heights, was platted in 1928. The property is located within the R- 1 (Low Density Residential) and the SD (Shoreland Overlay) districts. The lot is not riparian but has dedicated lake access rights. The applicant does not own either of the adjacent parcels. The lot is approximately 50 feet wide and approximately 135 feet deep with a total lot area of 6,721 square feet. The first variance request regards a proposed covered deck addition that will expand an existing nonconforming structure setback of 7.6 feet and continue for 9 feet to a projected setback of 7.9 feet from the property line abutting a public street at its closest point. In addition, an 8 foot x 8.5 foot screened porch addition is proposed along the interior side yard and is setback 5.6 feet which complies with the minimum 5 foot setback permitted for substandard lots under City Ordinance 1101.502: Required Yards/Open Space (8). The existing structure includes a single car garage with driveway access on Dunkirk Avenue. The attached floor plan submitted by the applicant also proposes a new room addition over a proposed new rebuilt garage in place of the existing garage and three-season porch (Exhibit B Building Plans). However, this addition is not depicted on the survey submitted (Exhibit A Survey). The Zoning Ordinance permits vertical expansion of nonconforming structures provided no increase in encroachments or lessening of existing setbacks are proposed. In this case, building up over the existing structure's footprint (including eaves/overhangs) allows improvements to the structure while not increasing existing setbacks so no variances are required. The plans include a handicap accessible ramp, and complete replacement of the existing structure's roof. The proposed garage and room addition and covered decks do not encroach more than the existing garage/porch corner setbacks of 6.5 feet and 7.6 feet as proposed. However, the existing nonconforming setback will be expanded horizontally by the proposed covered deck addition. Starting at the existing house/garage corner setback of 7.6 feet and continuing for approximately 14 feet to a proposed setback of 7.9 feet. L:\OOFI LES\OOV AR\OO-070\VRPTOO-070.DOC Page 2 The second and third variance requests regard the removal of two existing accessory structures (sheds) and the construction of one accessory structure 14 feet by 12 feet. The proposed accessory structure is shown with setbacks of 10 feet from the property line abutting Dunkirk Avenue (public street), and 13.5 feet from the property line abutting Roosevelt Street (private street). The minimum required setback for accessory structures is 25 feet from a property line abutting a street [City Code 1102.800 Residential Standards (8)]. A legal alternative site approximately 168 square feet in area exists near to the principal structure. This site will accommodate a conforming accessory structure that avoids the need for setback variance in this location. The fourth variance request proposes increasing the existing impervious surface area of 2,376 square feet (35.3%) by adding 91 square feet for a total of 2,467 square feet (36.7%) of proposed impervious surface area (Exhibit C Impervious Surface Worksheet). The applicant could remove 91 square feet of bituminous driveway to compensate for the new impervious surface and maintain existing impervious conditions as permitted under City Ordinance 1104.306 Impervious Surface Coverage (1). The Department of Natural Resources submitted comments on this request for variances and the letter is attached. In essence, the DNR objects to increasing the impervious surface coverage as proposed (Exhibit D DNR Letter). 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. Regarding all submitted variance requests, undue hardship does not exist as the nonconforming structure may be repaired and improved without expanding, extending or intensifying the nonconformity (City Ordinance 1107.2303: Non-conforming Land Use; (2) Nonconforming Structures. 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. L:\OOFI LES\OOV AR\OO-070WRPTOO-070.DOC Page 3 The conditions that apply to the structure and land are not peculiar to platted subdivisions of this era. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. Improvements to the existing structure are possible without the requested variances. There is also a legal alternative for the location of the accessory building. The amount of impervious surface can be reduced to its current level. 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. Placement of the proposed accessory structure will affect the traffic visibility at the intersection of Dunkirk and Roosevelt. 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 variance request does not appear to affect these conditions. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of the proposed variances will be contrary to the intent of these Ordinances and the Comprehensive Plan. 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. Demonstrable undue hardship or difficulty is not apparent in this case. 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. Application of the Ordinance provisions does not result in hardship. L:\OOFILES\OOV AR\OO-070WRPTOO-070.DOC Page 4 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. This condition does not appear to apply in this case. RECOMMENDATION: The Planning Staff has determined that the variance requests do not meet the hardship criteria as described in conditions 1 thru 9. The requested variances are contrary to City Ordinance 1107.2303: Special Requirements. (2) Nonconforming Structures. a) Permitted Construction. Construction which does not extend expand or intensify the nonconformity. Staff therefore recommends denial of this request. ALTERNATIVES: 1. Approve the variances requested by the applicant, or approve any variances . the Planning Commission deems appropriate in the circumstances. In this case, the Planning Commission should direct staff to prepare a resolution with findings approving the variance requests. 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 adopt the attached Resolution. ACTION REQUIRED: Staff recommends Alternative #3. Motion and second adopting Resolution 00-011 PC denying: 1) a 17.4 foot setback variance to permit a covered deck addition to a principal structure be 7.6 feet from a front property line; 2) a 15 foot variance to permit an accessory structure to be setback 10 feet from a property line abutting a public street; 3) a 13.5 foot variance to permit an accessory structure to be setback 11.5 feet from the property line abutting a private street; 4) a 91 square foot variance to permit increasing the existing impervious surface coverage area from 35.3% (2,376 square feet) to 36.7% (2,467 square feet). L:\OOFI LES\OOV AR\OO-070\VRPTOO-070.DOC Page 5 RESOLUTION 00-011PC A RESOLUTION DENYING A 17.4 FOOT VARIANCE TO PERMIT A 7.6 FOOT PRINCIPAL STRUCTURE SETBACK TO A PROPERTY LINE ABUTTING A STREET RATHER THAN THE REQUIRED 25 FOOT SETBACK. A 15 FOOT VARIANCE TO PERMIT A 10 FOOT ACCESSORY STRUCTURE SETBACK FROM A PROPERTY LINE ABUTTING A STREET RATHER THAN THE REQUIRED 25 FEET. A 13.5 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 11.5 FEET FROM A PROPERTY LINE ABUTTING A STREET, AND A 91 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE AREA OF 2,467 SQUARE FEET (36.7%) RATHER THAN THE EXISTING IMPERVIOUS SURFACE AREA OF 2,376 SQUARE FEET (35.3%). BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Bob Dittman has applied for variances from the Zoning Ordinance in order to permit the construction of a covered deck additions to an existing single family dwelling and detached accessory structure on property located in the R-l (Low Density Residential) District and the SD (Shoreland) District at the following location, to wit; 16530 Dunkirk Avenue, Prior Lake, MN, legally described as follows: Lot 11, Green Heights, Scott County, Minnesota, according to the recorded plat thereof. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #00-070PC and held hearings thereon on September 25, 2000. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, the proposed variance will 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 1:\OOfiles\OOvar\OO-070\dnyrs070.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 health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. The proposed covered deck addition and accessory sructure increases the existing encroachment into a front yard setback. The applicant has control over the house design and shape, such that the hardship created has been created by the applicant. Reasonable use of the property exists with a smaller building footprint. 6. While there is an existing structure on the lot, there is no justifiable hardship caused as reasonable use of the property exists without the granting of the variance. 7. The granting of the variance, as originally requested, is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship. The factors above allow for an alternative structure to be permitted with a reduced variance or none at all. 8. The contents of Planning Case #00-070PC 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 denies the following variance for a future covered deck addition to a single family dwelling and accessory structure (as shown in attached Exhibit A); 1. A 17.4 foot Variance to permit a 7.6 foot principal structure setback from a front property line instead of the required 25 foot front yard setback. 2. A 15 foot Variance to permit 10 foot setback for an accessory structure rather than the required 25 feet setback from a property line abutting a public street. 3. A 13.5 foot variance to permit an 11.5 foot setback for an accessory structure rather than the required 25 feet setback from a property line abutting a private street. 4. A 91 square foot variance to permit a total impervious surface area of 2,467 square feet (36.7%) rather than the existing impervious surface area of 2,376 square feet (35.3%). Adopted by the Board of Adjustment on September 25, 2000. Thomas E. V oOOof, Commission Chair ATTEST: Donald R. Rye, Planning Director 1: \OOfiles\OOvar\OO-070\dnyrs070.doc 2 ....."'~ SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (S/2) 447-2570 16530 DUNKIRK AVENUE PRIOR LAKE, MN. 55372 !}, EXHI~IT A SURVEY ~ ,,,6 0....' 00 ~ ~\6 0"" ' ~6 1 . ~e ~O:~~' ~O' '(.~~'v ~'(.? y..f(,\U \ \ / TC&1. I / ....0.\ ~ ,.~' /' ~Q' / 9'39.19 '/. ~ ij) '0\ 0\ ~ \ fo~' . J. /1 ~ 0\ ~ ~ \l<;(. ,,0 ..G(. G*"'~ to\. , "",J).61.\ ...". .~ DESCRIPTION: Lot 11, GREEN HEIGHTS, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from said property if any as of this 14th day ofJuly, 2000. NOTES: Benchmark Elevation 948.20 T.N.H. @ se quad. Dunkirk & Green Hts. Trail. 951.6 Denotes existing grade elevation x Denotes proposed finished grade elevation -+ Denotes proposed direction of finished surface drainage 20 REV. 917100 TO SHOW 10' SHED SETBACK. .........Contractor to verify house dimensions prior to construction......... REV. 8/28/00 TO SHOW CHANGE TO SHEDS. I he..by certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed land Surveyor under the _ __ __ _ ...L~ . o . 40 I 1\ EXHIBIT B .PLANS r-'J .,. ~/I;;" m'O] "'-'n!~~ 0/'1 r/~tA s F~DN T.E1...EYA.rl.aL:~- . ,.&.. ~ l~ ...... sc.A/..4f":. .....~"" - OJ _'.N'~ ~m~~~. 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PATI6S';PQRCBEsi.oEcks"~';, " '. (Open D~tks:W~~i.n. :op,enlrig: betwceri ."j . . "".boards; with~perYioussurfaCebelow,. ...... ': .al'e nbfconsi;dered t'qbeimperilous) ;, . . ,",..;. ," , :', " ;".-' ;: ,. '. . ,., ....' ::: . . ....' t' , . . . . .......::.. ., ,.", .......... :....; "'. .. ':-,:,,: ,'r'o,t.AL' "DE 'CKS.....,...~.... ~ .:~ i....... t4 :',,~:~. It ....~. ..~ ......... It .'~'.....,.. . ,'. "." " . . : .=..... ",.;',.." ". .... \-..' , '..: ,., ';". <.>> TOT At. OT:HER'~'H;<':'H;';H;H:';;HL';~"'''~'H:''''''';''''''';'' ',' "',,'. .' "';'1'" .~5~'lp:. r.:.'" . '. . . . '. '..~l~so. ..' '.,. ....'.., . '.' ~'. " \. ::TQTA.L:..1MPEB.ytOIJS"S1JRi{A~E" ' . '::..' .' ,.:....' .... ~.,.. :'.. ......: "':'" '...'.:.........:.......<.,......,. . UNDB VE ..~,. . . . . . ..' . . . ." l'reparedBY' ~~~~..\ , '. . . ..... ,.' D~te~h~\o<;l .' ..... ...~e~~I:\~~i~~;~E.~~~......~:;:~~~t~~~9~s.~ "~~l'~~~ ':. ~ ~~~L~....~~~~(&~\\\ :. .\it\~ ~~~~ ,'4\ \' :S~~*'>~~~\N.\ ~\~~~~~~5t~.t~.,~~~~. EXHIBIT D DNR LETTER Minnesota Department of ~aJural Resources Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772..7910 Pax: (651) 772-7977 Sepl.ember 1 R, 20(X) Steve Horsman, Zuning Administral.or City flf Prior Lake 16200 Hagle Creek A venue SE Prior I.ake. Minnesol~1 55372-1714 R E: I )inman Setback/Impervious Surface V al'iance allO Bagle Creek Vi Ihls LLC Imp~rvious Surface Varillllce, Prior Lake Dellr Mr. Horsman: T have reviewed the materials you sent ,'elative to th~ llubject variance requesls and offer the foJluwing Commenbi fot' consideral.ion. Bob Diuman V ariance~ Would like to see th~ propostld 36.7% impervioulO surface reduced. The city uHow!\ 1lJ'1 \1.' 30% irnpt'rvious, which is 5% more than the 25%, allowable per state shoreland nlles. Is the shed a necessity? Can any of thc existing bituminous driveway be removed to reduce hal'd surface'? Allhough r)ol opposed lu the proposed variance. [)NR would like lo see cffort madc to keep impervious surfi1c.:e coverage no more than 35%. 'It has been documented that watersheds dUlL cltceed l:l.bout 10% impervious surface have water qualit.y problems ~tssocialed wiLh storrnwaler runoff, Eagle Creek Villas LI.C V MrianCe8 The subject lot area (5534 square feet) is less than 75% uflhe 7500 square foot minimum lot si7..c by city urdinance, and about 37% uf the minimum lot si1..e and 53% the lot width for a 8Cwered lot on a Recreational Development Lake a.'io per state minimum guidelines, It is assumed the lot has been in separate owner~hjp from the adjacent Lot 15 since the ordinmce was adopted, otherwise the lot must be combined. Modificati(~n to the building dimension:> could eliminate the impervious surface variance. A structure about 3.5 feel shtlrter than that proposed would get il1lllCrviuuli surface LO conform to the ordinance requirement, eliminating one of three variances. Please consider requiring same, Thank )'ou fur the opportunity to review ilnd commenL on tbe pmposeu variances, If yc.IU have any qucstimk!" please caB me al651-772-7917. Sincerely, r'\~ DNR Infurmalion: 65\-296.6157 . l-lH~~-b4b..6367 . 'ITY; b51..2911-54K4 . I KOO-li57-3929 All &iLlal OPllllrllllliIy E.1II111nycr Whn Vnlllc~ 1)il',:r~I\Y .~.' J.. ~:. :!t t,....? "rlDh'cl an RL',,:ycled t'upcr C:lllllilllllnll iI Millilllum ...f HI'll. I'051-(.'...".....":r WaSh' November 9, 2000 Bob Dittman 16200 St. Francis Lane Prior Lake, MN 55372 RE: Recording of Approved Variance and Assent Form Acknowledgment Dear Mr. Dittman: The purpose of this letter is to advise you that Resolutions 00-011 PC and 00- 013PC approving a variance on the property located at 16530 Dunkirk Avenue must be recorded at Scott County. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will be null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (Assent Form). Enclosed is a certified copy of the original Resolution to be recorded at the Scott County Recorders office. The other copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Also included is a copy for your records. Additionally, the enclosed Assent Form must be signed by all property owners and returned to the Planning Department prior to the issuance of any necessary permits. If you have any questions about this matter, please contact me at 447-9810. Sincerely, ~ Steve Horsman Zoning Administrator/I nspector 1:\OOfiles\OOvar\OO-070\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 October 12, 2000 Thomas E. Vonhof Planning Commission Chair 14411 Watersedge Trail Prior Lake, MN 55372 Dear Mr. Vonhof: Enclosed are Variance Resolutions 00-011 PC, 00-012PC, and 00-013PC. Please review and sign the Resolutions and return in the self addressed stamped envelope provided. 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 ~:'@reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER - - '. ;.._.,.....'.~~_.:: ...... '_"~ v....."..'~.., .............,....1..;.'.,... October 4, 2000 Bob Dittman 16200 St. Francis Lane Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the October 9,2000 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, ~ Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork\blankfrm\meetltr.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER September 20,2000 Bob Dittman 16200 St. Francis Lane Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the September 25, 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, ~~ Connie Carlson Planning Dept. Sec etary Enclosure I:\deptwork\blankfrm\meetltr.doc . . 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER September 14, 2000 Bob Dittman 16200 St. Frances Lane Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Variance Application Dear: Mr. Dittman On August 25,2000, the City of Prior Lake Planning Department received a variance application from you. Based on the survey submitted the following variances are necessary: ~ A setback variance to construct an addition to a principal structure. ~ A setback variance to construct an accessory structure. ~ A variance to exceed the maximum 30% impervious surface area The Planning Department has determined that this application is now 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 September 25, 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. 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 variance process can be substantially less than 120 days, and we intend to process this variance in a timely manner and provide 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 November 14,2000 to January 14,2001. If you have questions please call my direct dial line at (612) 447-9854. Sincerely, Steven Horsman Zoning Administrator/Inspector 1:\OOfiles\OOvar\OO-070\cmplt-070.doc Pa~e 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 CONSTRUCT AN ADDITION TO A PRINCIPAL STRUCTURE AND AN ACCESSORY STRUCTURE LESS THAN THE THE MINIMUM REQUIRED 25 FOOT SETBACK TO A STREET PUBLIC RIGHT-OF- WAY, ALSO A VARIANCE TO PERMIT OVER THE MAXIMUM ALLOWABLE IMPERVIOUS SURFACE AREA OF 30 PERCENT FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE F AMIL Y DWELLING AND ACCESSORY STRUCTURE ON PROPERTY LOCATED IN THE R-l DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 16530 DUNKIRK AVENUE SW, 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, September 25, 2000, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Bob Dittman 16200 St. Francis Lane Prior Lake, MN 55372 SUBJECT SITE: 16530 Dunkirk Avenue SW, Prior Lake, MN, legally described as Lot 11, Green Heights, Scott County, Minnesota REQUEST: The applicant is proposing to construct an addition to a single- family house, and construct an accessory structure, with setbacks less than the required 25 feet from a street public right-of-way. The impervious surface area will exceed the allowable 30 percent maximum lot coverage. 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 447-9810 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. L:\OOFI LES\OOV AR\OO-070\PNOO-070. DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER UVU IJII I IYI~I" 16530 DUNKIRK AVENUE PRIOR LAKE, MN. 55372 .. ........./ ..."'. ""'J"'~ "'"", I. M. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447-2570 I' --, \ V\v/ / ..3" ~~ 1. r:,~~~ ,'~ ,,,CO 0....' OO~ ~\6 ,"' ~\€) 1 ~e6 \~O. ~~. ~O. \ (~J ,- ~c; 'f\ ~ \ r:, 'f\ ~~~\\,.. ~ /' \ \/ ~. ~\. / ,0' / 9~'iJ.19 1. ~ '0"> 0"> ~ \ ~., ./ /1 ~ 0"> ~ CL .... o c. -z. .,:.. - ';0 .,:.. \l"t. ,,0 ""t. ",,9- t.\.. ..\."e"l.' ..". 't...~.99 1. . DESCRIPTION: ~ ,J " . '". "~~. e' . . 'iJ~\:\ Lot 11, GREEN HEIGHTS, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from said property if any as of this 14th day of July, 2000. NOTES: Benchmark Elevation 948.20 T.N.H. @ se quad. Dunkirk & Green Hts. Trail. 951.6 Denotes existing grade elevation x Denotes proposed finished grade elevation -.. Denotes proposed direction of finished surface drainage ) 20 40 REV 917100 TO SHOW 10' SHED SETBACK. "'''''''Contractor to verify house dimensions prior to construction"''''''' REV. 8128/00 TO SHOW CHANGE TO SHEDS. , hereby certify that this survey was prepared _bY me or under my direct supervision and that Date: August 22, 2000 Earl Dittman 16530 Dunkirk Avenue SW Prior Lake, MN 55372 RE: 350 FOOT RADIUS SEARCH FOR THE LANDS DESCRIBED AS FOLLOWS: Lot 11, Green Heights, except therefrom the Northerly 13 feet and a 15 foot radius on the Southeasterly corner which is hereby dedicated to the public for road purposes. FILE NUMBER: 77-587064E Dear Earl Dittman: We have examined the records in the office of the County Recorder, Scott County, Minnesota, and have found the following persons to have an interest in property within a 350 foot radius of the above described property. Fee Owner: 1. PARCEL NO. 25-094003-0 THOMAS J & JUDY L DENMAN 3800 GREEN HEIGHTS TRL SE PRIOR LAKE, MN 55372 LOTS 3 & 4, GREEN HEIGHTS 2. PARCEL NO. 25-094004-0 RICHARD E & JULIE D WARNER 3814 GREEN HEIGHTS TR SW PRIOR LAKE, MN 55372 LOT 5 & W1/2 OF LOT 6, GREEN HEIGHTS 3. PARCEL NO. 25-094006-0 SCOTT B SCRIVNER 3834 GREEN HEIGHTS TRL PRIOR LAKE, MN 55372 LOT 7 & E 15' OF LOT 6, GREEN HEIGHTS UNIVERSAL TITLE COMPANY By: iOta/<.) Qf' ~<>-.o~ > Authorized ignlt re IN\IERSAL 1m.E tteJRNQ COMP/tN'I !=:Il~~ED ABSTRACTOR ~ srATE a: MHESOTA '. Fee Owner: 4. PARCEL NO. 25-094007-0 ELVA A FAHRENKAMP 3844 GREEN HEIGHTS TR SW PRIOR LAKE, MN 55372 LOT 8, GREEN HEIGHTS 5. PARCEL NO. 25-094008-0 ERIC J & AMY C FRANK 3856 GREEN HEIGHTS TRL PRIOR LAKE, MN 55372 LOT 9, GREEN HEIGHTS 6. PARCEL NO. 25-094009-0 JOSEPH P & CAROLYN D MORGAN 16711 BRUNSWICK AVE SE PRIOR LAKE, MN 55372-2944 LOT 10, GREEN HEIGHTS 7. PARCEL NO. 25-094010-0 EARL A & MARLYS L DITTMAN 16530 DUNKIRK PRIOR LAKE, MN 55372 LOT 11, EX. N'ERLY 13' & 14' RADIUS IN SE'ERLY CORNER FOR RD, GREEN HEIGHTS 8. PARCEL NO. 25-094011-0 KENNETH W & LESA M AILES 3859 GREEN HEIGHTS TRL SW PRIOR LAKE, MN 55372 LOT 12, GREEN HEIGHTS 9. PARCEL NO. 25-094012-0 CARTER DON NARVESON 3845 GREEN HEIGHTS TRL SW PRIOR LAKE, MN 55372 LOT 13 & LOT 14, GREEN HEIGHTS 10. PARCEL NO. 25-094013-0 DAVID F & MARGARET S MILLER 4170 WIND SONG CIR NE PRIOR LAKE, MN 55372 LOT 15, GREEN HEIGHTS 11. PARCEL NO. 25-094013-1 SCOTT B SCRIVNER 3834 GREEN HEIGHTS TRL PRIOR LAKE, MN 55372 W 10' OF E 25' OF LOT 6, GREEN HEIGHTS " Fee Owner: 12. PARCEL NO. 25-094013-2 DAVID F & MARGARET S MILLER 4170 WIND SONG CIR NE PRIOR LAKE, MN 55372 LOT 16, GREEN HEIGHTS 13. PARCEL NO. 25-094014-0 GRETCHEN DEINER 3803 GREEN HEIGHTS TRL SW PRIOR LAKE, MN 55372 LOT 17, GREEN HEIGHTS 14. PARCEL NO. 25-094014-1 VERA B BENZEL 15631 RIDGEMONT AVE SE PRIOR LAKE, MN 55372 LOT 18, GREEN HEIGHTS 15. PARCEL NO. 25-094018-0 STEVEN H & BARBARA J BORCHARDT 3791 ROOSEVELT ST SW PRIOR LAKE, MN 55372 LOT 23 & Wl/2 OF LOT 24, GREEN HEIGHTS 16. PARCEL NO. 25-094019-0 DENNIS W LAVEY 3813 ROOSEVELT ST SW PRIOR LAKE, MN 55372 LOT 25 & E1/2 OF LOT 24, GREEN HEIGHTS 17. PARCEL NO. 25-094020-0 KURT W & DENISE J BERKEBILE 3827 ROOSEVELT ST SW PRIOR LAKE, MN 55372 LOT 26, GREEN HEIGHTS 18. PARCEL NO. 25-094021-0 JOEL G BORCHARDT 3841 ROOSEVELT ST SW PRIOR LAKE, MN 55372 LOTS 27 & 28, GREEN HEIGHTS 19. PARCEL NO. 25-094021-1 JOHN G HAHN 3857 ROOSEVELT ST SW PRIOR LAKE, MN 55372 LOT 29, GREEN HEIGHTS Fee Owner: 20. PARCEL NO. 25-094022-0 ERIKA BENSON 3867 ROOSEVELT ST SW PRIOR LAKE, MN 55372 LOT 30, GREEN HEIGHTS 21. PARCEL NO. 25-094023-0 ROBERT W & MILDRED L MILES 16560 DUNKIRK AVE PRIOR LAKE, MN 55372 LOT 31, GREEN HEIGHTS 22. PARCEL NO. 25-094024-0 JERRY R SLATTERY 16582 DUNKIRK AVE SW PRIOR LAKE, MN 55372 LOT 32, GREEN HEIGHTS 23. PARCEL NO. 25-094025-0 RANDY J & VONNIE L MCWILLIAMS 3880 PERSHING ST SW PRIOR LAKE, MN 55372 LOT 33 & LOT 34 (ESMNT ON S'ERLY 8' OF LOT 34) GREEN HEIGHTS 24. PARCEL NO. 25-094026-0 ANDY & RENEE SIEBENALER 3842 PERSHING AVE SW PRIOR LAKE, MN 55372 LOT 36, GREEN HEIGHTS 25. PARCEL NO. 25-094026-1 BRADLEY R & MICHELE L LEIN 3852 PERSHING ST SW PRIOR LAKE, MN 55372 LOT 35, GREEN HEIGHTS 26. PARCEL NO. 25-094027-0 JOHN W GUTZMER 3832 PERSHING ST SW PRIOR LAKE, MN 55372 LOT 37, GREEN HEIGHTS 27. PARCEL NO. 25-094028-0 FRANK MUELKEN 15685 FISH POINT RD SE PRIOR LAKE, MN 55372 LOT 38 & LOTS 39 & 40, EX. E 50', GREEN HEIGHTS Fee Owner: 28. PARCEL NO. 25-094029-0 KURT D & CATHY CHELGREN 3814 PERSHING ST SW PRIOR LAKE, MN 55372 E 50' OF LOTS 38 - 40, GREEN HEIGHTS 29. PARCEL NO. 25-102001-0 BETTY JEAN SCHERER 3894 GREEN HEIGHTS TRL PRIOR LAKE, MN 55372 W'ERLY 15' OF LOT 1, GREEN HEIGHTS 1ST ADDN 30. PARCEL NO. 25-102002-0 DONALD B & BETTY SCHERER 3894 GREEN HEIGHTS TR SW PRIOR LAKE, MN 55372 LOT 1, EX. W'ERLY 15', GREEN HEIGHTS 1ST ADDN 31. PARCEL NO. 25-102003-0 DANIEL L & MELANIE D SHEEDY 3880 GREEN HEIGHTS TRL PRIOR LAKE, MN 55372 LOT 2, GREEN HEIGHTS 1ST ADDN 32. PARCEL NO. 25-102005-0 JON R THOMPSON 3915 GREEN HEIGHTS TRL PRIOR LAKE, MN 55372 LOTS 5 & 6, GREEN HEIGHTS 1ST ADDN 33. PARCEL NO. 25-102006-0 RICHARD H & ELIZABETH BUSSE 3931 GREEN HEIGHTS TRL SW PRIOR LAKE, MN 55372 LOT 7, GREEN HEIGHTS 1ST ADDN 34. PARCEL NO. 25-102007-0 RANDY M DEMENT 16536 SPRING AV SW PRIOR LAKE, MN 55372 LOT 8 EX. S'ERLY 50' & W'ERLY 75', GREEN HEIGHTS 1ST ADDN 35. PARCEL NO. 25-102008-0 JOHN R GRANLUND 3893 GREEN HEIGHTS TRL SW PRIOR LAKE, MN 55372 LOTS 3 & 4, & W'ERLY 75' EX. S'ERLY 50' OF LOT 8, GREEN HEIGHTS 1ST ADDN .' Fee Owner: 36. PARCEL NO. 25-102009-0 ALLAN C & VICKY J GIGSTAD 16556 SPRING AVE SW PRIOR LAKE, MN 55372 LOT 9 & S 50' OF LOT 8, GREEN HEIGHTS 1ST ADDN 37. PARCEL NO. 25-102010-0 KENNETH C & JANICE M BRIXIUS 4032 82ND ST W BLOOMINGTON, MN 55437 LOT 10, GREEN HEIGHTS 1ST ADDN 38. PARCEL NO. 25-102011-0 JODI L ANDERSON 16599 DUNKIRK AVE SW PRIOR LAKE, MN 55372 LOT 11 & LOT 12, EX. N'ERLY 25' OF LOTS 11 & 12, GREEN HEIGHTS 1ST ADDN 39. PARCEL NO. 25-102012-0 KENNETH C & JANICE M BRIXIUS 4032 82ND ST W BLOOMINGTON, MN 55437 N'ERLY 25' OF LOT 11, GREEN HEIGHTS 1ST ADDN 40. PARCEL NO. 25-102014-0 KENNETH C & JANICE M BRIXIUS 4032 82ND ST W BLOOMINGTON, MN 55437 N'ERLY 25' OF LOT 12, GREEN HEIGHTS 1ST ADDN 41. PARCEL NO. 25-102016-0 WILLIAM A & PATRICIA RICHARDS 3934 PERSHING ST SW PRIOR LAKE, MN 55372 LOT 14 & LOT 15 EX. ESMNT FOR S 5' OF, GREEN HEIGHTS 1ST ADDN 42. PARCEL NO. 25-102016-1 DEBORAH A ROSS 3924 PERSHING ST SW PRIOR LAKE, MN 55372 LOT 13, GREEN HEIGHTS 1ST ADDN 43. PARCEL NO. 25-102018-0 LINDA J TROST 16590 SPRING AV PRIOR LAKE, MN 55372 LOT 16, GREEN HEIGHTS 1ST ADDN t, 1 ~ Fee Owner: 44. PARCEL NO. 25-102022-0 HARBOR HEIGHTS CO, LLC 3950 GREEN TRL SW PRIOR LAKE, MN 55372 LOT 20, LYING E OF LINE COM 50' E OF SCORN, NW TO PT 63' NE OF NW COR, GREEN HEIGHTS 1ST ADDN 45. PARCEL NO. 25-102023-0 STEPHEN D & BONNIE L SCHERER 3904 GREEN HEIGHTS TRL PRIOR LAKE, MN 55372 WEST 50' OF LOT 20, GREEN HEIGHTS 1ST ADDN 46. PARCEL NO. 25-903003-0 DIRK E VOLSTED 3879 GREEN HEIGHTS TRL SE PRIOR LAKE, MN 55372 SEC. 3 TWN. 114 RG. 22, .30 PIO GOVT LOT 1 BEG SW COR OF 3-GH 1ST, NW 47. PARCEL NO. 25-903004-0 KENNETH C & JANICE M BRIXIUS 4032 82ND ST W BLOOMINGTON, MN 55437 SEC. 3 TWN. 114 RN. 22 PARCEL 100' X 125' IN LOT 1 LYING N OF LOT 10 & W OF LOT 48. PARCEL NO. 25-903005-0 MICHAEL P & LA VON A MRUGALA 3874 GREEN HEIGHTS TRL PRIOR LAKE, MN 55372 SEC. 3, TWN. 114 RN. 22 PIO GOVT LOT 1 COM NE COR GREEN HEIGHTS, N 57-14 E 55' / '- ~,.; ::.> I -;' fZ~d 0qc' r\ TI' '3 'L t- ... ..., . .... ) 22 COPIED WITII PERMISSION OF scon COllNTY SCALE: 400 FT TO I INCH . == -,- I I I I _l_ ~ ..... - ,- - - - - - - - - - - - - - - - - - ..r- ,.-- ...,;r- ~ /' - - -- - - - - -. - -- - - ::r - :::t ~ { If ~ 1 _'f~-22 -~.~ ~.~ -::tr' ~ --- .- ~ ,.,,- ...- ------- " , .:., . " '.' ..<: DRl'iEY;AY~AVE'J)'AREAS" ~ .:..>:.......,'.. ': '~<" ':'; ....:..,.,:.,...~.:.':.~----fI~.L,. '. . 6\~; (l?rlvewa~-pav:d ~r'110~) ,d'". ." . x . . ' , ,.~'(\~:}SI,de.WalkIP~kln'~~~eas!~'H:~:':, , '" ~. . " == ..........:.........\........:.., ........./...\\}/?T1~P:~~~;,~A$.,.;"""U"..,......,":',..,,,..,;"~7'\t~~... ",':,PATIOS/PORCHESIDECKS'':'':'',:, " ,= . " .....',-" .'. - . ""-' ""', .", \-,':'. ,. '. .' " . -: . . '. " (Operi:D~cks'.Y.:~'r.ni.n: :ORell!rlg beiweer(";' , '.,.":" " ."X' <. ,.1., ".' ' ": =. . 'boardsiwith,~pervi6us'SU(fIlCE!b~J6wl.;"", .', "'.. " li1,"e hbrCOliS\d~redfq.beimperV.19us):, ,: ,'" , ".' ", . , ., , " 'H'''i'.''','..: ". . :':,,:.: "':,' :.'::' X." :',.', , ::',. . .' .... ... . " .."/. . ',., :::::: ' , , ,.' : ..;".,.' . i , .'.'. .. . ,,>/::":,:,,'~:. T9:'1'.~t9T~:I1:R;~:.:;'...?.;~;'~.;..:..;~....~.;.;;i....~";;w",;~,.,,,;,;~, ..::.. ',,' . ...:...., :>.: .:. .,.....,~. ,':.: .' ..:' '';:.:'TOTif:.11\1P~RVio:u:S:StJl~ACE . :' ',' : ..... '. ......... .... . .. '. '.' . . .~'.:..'. . .' , -'. ," . . .'. ,'" . ". . l'reparedBY' 'e.),}~ -.\;:..~ '.' .. .......... ..... . 'W;e ~t ~\OC). .... . .... . 'com~anJ'~~\~"l3,,;:' .': '(,.,') ~~ .~h8~e#tNl~'Z.S1(J .......... .... ' ............... d' '.. .(\\ok.: . ~.~, ~~~ ,,,,t: . a.-\\f' "<>t>09rJl ~ti \Tlooi!>~;~~lq~i .;;C5\i~~t~.,:~~.et( ,~\\\ ...\it\t.V-e~~~..".4\\ :St:\~~.~vV\~\ci~ ~\ '~~~Ci~ .\.\&t~.+\-.,Q"~(" . .' '. ': - '.~"- ;'. '.,-;' : ," .: " ',. .. .- " , . ~ ." .. . . .', 0;' '.. . ," h ,. .- , . " . '. . ."...:,::~.;:....:::.,.,;:TQT~LD~.qKSun;';.;..i.U;......~,;;;"",~";,,,,,,,,;,u;';'''''''''.:, .... .' ; :'.'" .: , , '.' 'I'; \. '.,' " , ...."........:,X.'. '". ':'''.';,.'''; <.;';..::,:~: . ,;... ,." ,-".' , ,: ,', ',' . " ,. ..'., ~ ',- . '. . ~ '. '. ,;. I SURVEY PREPARED FOR: BOB DITTMAN 16530 DUNKIRK AVENUE PRIOR LAKE, MN. 55372 Valley Surveying Co., F? A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447-2570 I' . -I \n ,- \ ~ V\0'i'.... ~~ y.. 'i, \ G y.. ~~~\\, 9",>.99 II .lP~ \)c;~ ",0 I\.G~ GI\.~ ~\. . C;\.I\.~.., <1>' ." DESCRIPTION: Lot 11, GREEN HEIGHTS, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from said property if any as of this 14th day of July, 2000. NOTES: Benchmark Elevation 948.20 T.N.H. @ se quad. Dul}ldrk & Green Hts. TraiL 951.6 Denotes existing grade elevation x ( ) Denotes proposed finished grade elevation --+- Denotes proposed direction of finished surface drainage o I SCALE 20 . IN 40 I REV. 9/7/00 TO SHOW 10 I SHED SETBACK. ***C t t 'f b d' , .' t t t' *** on ractor 0 verI youse. ImenSlOns prior 0 consruc Ion REV. 8/28/00 TO SHOW CHANGE TO SHEDS. I hereby certify that this survey was prepared by me or under my direct supervision and that 10m 0 duly licensed Land Surveyor under the lows of the State of Minnesota. ~..... >'~ .~~ 4"~' / . ~~ .../~H4L/'--. Dote .. - I -cO . License No. /0/83 FEET o Denotes 1/2 inch x 14 inch iron monument set and marked by License No. 10/83 . Denotes iron monument found tt Denotes P. K. Nail set FILE No. 9204 BOOK 234 PAGE 74 .. "'- , ~ f ". Ii't: ~ ~ -<-- , ~"', .~'" , '..., '" '. ~. . f '\ ~~ SURVEY PREPARED FOR: BOB DITTMAN 16530 DUNKIRK AVENUE PRIOR LAKE 7 MN. 55372 Valley Surveying Co., F? A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 - 2570 EXISTING HOUSE LOCATION/ PROPOSED ADDITIONS THAT MEE~ (~ETBACK \ / HOUSE ADDITIONS AN SHEDSTRUCTURES THAT~~~~ LEGAL AL~RNATIVE SH 0 LOCATIONS ~~~\\... ~~ y.. 'i- \ (':) y.. 9"''l.99 'I. , ,.,' ~~~~ .6 \)<:,(- ~o 9'l9.79 'f., ,'~ ''l-6 ~o' , . 00 ~\O 0"" ~6 1 . ~e ~O'.~~. . ~O. / \ \/ ...., ~ \.~'\ / ,0 , / ~ 'P <!I <!I :; (\) ., ~ ro' o' ;1\ j/ ,; ~., (jl -0 ,; 0- ....,.. ,,~.. ~AGE AND R,9< o c::. ~ ",.. ...... ~ ",.. ITlON '" 17: L' \1'\ ~,.., C > ...r\ . 1.\" ~ \ i).G{. Gi).~ {.\... S\..i).0 ~\ 9'" . 9?~t.;C' " ,~; ;~~'. . <..,.9' 9'J 1- DESCRIPTION: Lot 11, GREEN HEIGHTS, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from said property if any as of this 14th day of July, 2000. NOTES: Benchmark Elevation 948.20 T.N.H. @ se quad. Dunkirk & Green Hts. TraiL 951.6 Denotes existing grade elevation x ( ) Denotes proposed finished grade elevation ~ Denotes proposed direction of finished surface drainage o I SCALE 20 IN 40 I REV. 9/7/00 TO SHOW 10' SHED SETBACK. ***C 'f h d' . . t t t' *** ontraetor to veri youse ImenSlOns prior 0 cons rue IOn REV. 8/28/00 TO SHOW CHANGE TO SHEDS. 1 hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. ~7 ..._-', I~ L"" " '.- .~ ..,.d ,~.~.....~ /. .,,", .-',tr. .' 01'-;' o~ e<.~'l:..:.-t _...a..~.> ",0_""""':3' /,-, ~, _^ '.~.____";''''tr'''~''' .... Date ,;:(- 17--':"':',> Licens"e No. 10183 FEET o Denotes 1/2 inch x 14 inch iron monument set and marked by License No. 10183 . Denotes iron monument found ~ Denotes P K. Nail set FILE No. 9204 BOOK 234 PAGE 74