HomeMy WebLinkAbout01-066 Variance
. APPLICA]IONS
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S124474245
CITY OF PRIOR LAK~
141 (J (J 2
Planning Case File No.
~ . 0 2001 Property Identification No.
I City of Prior Lake
;~~, , ...11.- LAND USE APPLICATION
J - ~=1fr2J.j- Bag-It::' Croek AVc:lnue S.E./ Prior Lake, Minnesota 55372-J714/ Phone (612) 447-4230, Fax (612) 447-4245
Type of Ap _ lication:
o Rezonir.- ,from (present zonin~)
I to (pronosed 7A'miru1
o Amend: ent to City Code, Compo Plan or City Ordinance
o Subdivi, on of Land
o Admini rative Subdivision
o Conditil tal Use Pennit
uv( ariane!
o Other. i
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Applicant I); A M~i2.Ic::.,W ~l-A4S
Address:_ 5+1 ftJ {';;'rlr,pj rAOF'){)
Home Ph( lie:
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Applicable Ordinance Section(s):
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Work Phone: <==152- 441 -s 1"3;
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Property (1: wner(s) {If different from Applicants1:
Address:J
Home Ph<l!1 ,e: . Work Phone:
Type of 0'(1 nership: Fee --.J< Contract for Deed _ Purchase Agreement
=
Legal Des. iption of Property (Attach a copy if there is not enough space on this' sheet):
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To the best I r my knowledge tbe information provided in this application and other material submitted is correet. In
adldition, I h:ll'e read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand tbat
Blpplications' ill not be processed l!ntil deemed complete by the Planning lDirector or assignee.
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~ee Owner's j' !1amre Date
TillS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING 'I JMMTSSION
CITY COUN'( fL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEAfUNG
CONDITION:-;
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Signature ofFi I Ulning Director or Designee
Date
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-- : , -'" ""r"eJl. Avenue S.E. 1 Prior Lake, Minnesota 55372.J 7141 Phone (612) 447-4230, Fax (612) 447-4245
Type ofAp - lication; Brief description of proposed project (attach additional
o Rezonit,' ,from (present zonine-) sheets/narrative if desired)
I to (pro.posed zoniT\V ,)iZiC. i:>vi.-2 5U) ~ 'fAR.j? ~ e:n3 Ac-~ 70
o Amend: ent to City Code, Compo Plan or City Ordinance 3 I Fo,2 '1)( "i.,iL- If-a;f'.;S TD dill t-PINlj
o Subdivi, on of Land kDD(T(O~
o Admini rative Subdivision ~ /J.p~lu{LL f'Ir)/'fk 1:x.u1~il1 <;pJ../,&/L ).' I>> 7'
o CO~ditil Lal Use Permit ~1ue ItJ ~~~,J M.l&l14t ".~;.J,dvt
o vanancl Applicable Ordmance Section(s):
o Other. ._
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Applicant 1):-tjJ1:-TiW CMI,,-hz.:r~
Address:_ ;;:; 41 e (-c-rrt 1../',,,Jc,00
Home Ph( lIe:
City of Prior Lake
LAND USE APPLICATION
Plsl1ning Case File No.
Property Identification No.
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Work Phone: ?'1S'L.-- Lj-Lf":1- - > i;; 33
Property (I: wner(s) [If different from Applicants}:
Address:J.
Home PhCl!'_e: ,Work Phone:
Type of 0'(' nership: Fee ~ Contract for Deed _ Purchase Agreement
Legal Des<< iption of Property (Attach a copy if there is not enough space on this' sheet):
-SI2~ r ltC:TI"21/' ;:-J~
To the best ,r my knowledge the infClrrrtatioD provided in this application and other material submitted is correct. III
additiont I h:1 ve read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications' m not be processed until deemed complete by the Planning Director or assignee.
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Date
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Date
THIS SPACE TO BE FILLED IN BY TilE PLANNING DIRECTOR OR DESIGNEE
PLANNING II )MMlSSION
CITY COUN'( IT..
APPROVED
APPROVED
DENIED
.DENIED
DATE OF HEARING
DATE OF HEARING
CONDITION:- :
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Signature off! I mning Director or Designee
Date
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. Resolutfon
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Doc. No. A 522524
OAACEOfTHECOUNTYRECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
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10-17-2001 at 12:15 Receipt 131013
Pat Boeckman, County Recorder 01
by rV)~, Deputy Fee: $20.00
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Proj ect #
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 # Ol-015PC
CASE FILE # Ol-066PC
Kelly Meyer
Deputy City Cler
on file in the office of the City Planner, City of Prior Lake.
Dated this 17th day of October, 2001.
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RESOLUTION 01-015PC
A RESOLUTION APPOVING A VARIANCE TO PERMIT A STRUCTURE WITH A
BUILDING WALL LENGTH TO HEIGHT RATIO OF 6.6 TO 1, RATHER THAN THE
MAXIMUM RATIO OF 4 TO 1; AND, A 7.51-FOOT VARIANCE TO PERMIT A 42.49-
FOOT STRUCTURE SETBACK FROM A PROPERTY LINE ADJOINING AN
ARTERIAL ROAD RATHER THAN THE REQUIRED MINIMUM 50-FEET; AND, A 3
FOOT VARIANCE TO PERMIT A DRIVEWAY SETBACK OF 3 FEET FROM A SIDE
PROPERTY LINE RATHER THAN THE REQUIRED MINIMUM 6 FEET
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Guy J. Selinski and Metro Cabinets have applied for variances from the Zoning Ordinance in
order to permit the construction of an addition to a commercial building on property located
in the C-5 (Business Park Use) District at the following location, to wit;
5418A and 5418B Cottonwood Lane SE, legally described as Plat 25313, CIC 1026
Cottonwood, Units 1 and 2, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variances as contained in Case
#01-066PC and held hearings thereon on September 10, 2001.
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 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. A legal building addition location that meets the required setback for the proposed structure
does not exist on the subject lot. The proposed plan design and subject lot shape is such that
the hardship has not been created by the applicant. Reasonable use of the property does not
exist without the building addition as proposed.
6. There is justifiable hardship caused by the required yard setbacks and building length to
height ratio, as reasonable use of the property does not exist without the granting of the
variance.
I: \01 fiIes\O 1 variances\O I -066\aprvres,doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
7. The granting of the variance, as originally requested, 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.
8. The contents of Planning Case 01-066PC 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
variances for the proposed building addition to a commercial building as shown in Attachment 1;
1. A variance to permit a structure with a building wall length to height ratio 6.6 to 1, rather
than the maximum ratio of 4 to 1.
2. A 7.5 I-foot variance to permit a 42.49-foot structure setback from a property adjoining an
arterial road, rather than the minimum required 50-feet.
3. A 3-foot variance to permit a driveway to be setback 3-feet from a side yard property line,
rather than the required minimum of 6 feet.
The following conditions must be adhered to prior to the issuance of a building permit for the
proposed building addition:
1. The applicant must submit a landscape and screening plan that adheres to all of the
requirements under the Zoning Ordinance.
2. The Resolution adopted by the Planning Commission shall be recorded at Scott County
within 60 days of the date of approval. Proof of recording shall be submitted to the
Planning Department, along with the acknowledged Assent Form prior to issuance of a
building permit.
3. Pursuant to Section 1108.400 of the Zoning Ordinance, the variance will be null and void if
the necessary permits for the proposed addition are not obtained within one year after the
adoption of this Resolution, or by September 24, 2002.
Adopted by the Board of Adjustment on September 24, 2001.
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1:\01 fiIes\O 1 variances\01-066\aprvres.doc
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PARCEL 1:
ASSENT OF APPLICANT
File # 01-066PC
As Approved by Resolution # 01-OlSPC
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 ofthe 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:\O 1 files\O 1 variances\O l-066\ASSENT.DOC
1
16200 Eagle Creek Ave. S,E" Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ASSENT OF APPLICANT
File # Ol-066PC
As Approved by Resolution # Ol-015PC
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 Reauired. 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:\TEMPLA TEW ARIANCE\ASSENT.DOC
1
16200 Eagle Creek Ave. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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(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.
/0-/7- lex.> ~
DATE
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SIGNATURE OF APPLICANT
~~
SIGNATURE OF OWNER
5418A, 5418 B, Cottonwood Lane SE
ADDRESS OF PROPERTY
L:\TEMPLA TEW ARIANCE\ASSENT.DOC
2
.
PLANNING COMMISSION MINUTES
MONDAY, SEPTEMBER 10, 2001
1. Call to Order:
Chairman Vonhof called the September 10, 2001, Planning Commission meeting to order
at 6:31 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and
Vonhof, Planning Coordinator Jane Kansier, Zoning Administrator Steve Horsman and
Recording Secretary Connie Carlson.
2. Roll Call:
Atwood
Criego
Lemke
Stamson
V onhof
Present
Present
Present
Present
Present
3. Approval of Minutes:
The Minutes from the August 27,2001, Planning Commission meeting were approved as
presented.
Commissioner V onhof read the Public Hearing Statement and opened the meeting.
4. Public Hearings:
A. Case Files #01-066/067 EFH Company representing Metro Cabinets
Company and American Glass and Mirror is requesting variances to permit
structure and driveway setbacks to the property line less than the minimum
required, and a building wall length to height ratio greater than the maximum
allowed for the property located at 5418 Cottonwood Lane.
Zoning Administrator Steve Horsman presented the Planning Report dated September 10,
2001, on file in the office of the Planning Department.
The Planning Department received an application for variances to allow the construction
of an addition to the existing commercial building on the property located at 5418
Cottonwood Lane, addressed as Units A & B. The applicants are EFH, Co. (contractor),
Metro Cabinets Company (owner), and American Glass & Mirror Company (owner).
The following variances are requested:
1. A variance to permit a structure with a building wall length to height ratio of
6.6: 1 rather than the maximum ratio of 4: 1.
2. A 7.51-foot variance to permit a 42.49-foot structure setback from a property line
adjoining an arterial road rather than the minimum required 50-feet.
L:\Ol fiIes\Ol plancomm\Ol pcminutes\MN09l OOl.doc 1
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Planning Commission Minutes
September 10,2001
3. A 3-foot variance to permit a driveway/parking area to be setback 3-feet from a
side property line, rather than the minimum required 6 feet.
In the narrative submitted by the applicants, they are proposing the additions for various
reasons. These include business growth, insufficient space for assembly, product storage,
and the larger equipment and vehicles that require more space to maneuver in and out of
overhead doors, and more area to serve the public.
In 1995, applicant Guy Selinski, American Glass & Mirror, applied for and received a 7-
foot variance to expand the driveway/parking area to within 3-feet ofthe east lot line,
Unit B. The current ordinance only requires a minimum 6-foot driveway setback and is
the reason for the accompanying 3-foot variance request.
The Planning staffhas determined the variance requests for the building setback and
height to length ratio do not meet the nine hardship criteria, since it is a business decision
to expand the existing building due to economic growth and the need for additional space
for storage of materials and production capabilities. The applicant can redesign the
addition to meet the required setback with a 20-foot addition. However, the existing
building already exceeds the maximum ratio of length to height, as the building wall is
18-feet high and 89 feet long (4.9 to 1 ratio). Therefore, the addition would also need to
be redesigned with a minimum 6.6-foot break (4.9 feet plus 1.7 feet). Staff recommended
denial of the first two requests.
In regards to variance request number three, when the existing building was constructed,
the City Code required the overhead loading doors be located in the side yards, because
the side yards do not have enough depth to allow large commercial vehicles to maneuver
through the doors. With the new addition designed to meet setbacks and a break in the
building wall of 6.6 feet this would eliminate the need for the driveway setback variance
as the recessed wall adds another 6.6 feet area for driveway. Staff also recommended
denial of this variance request, as it does not meet the nine hardship criteria.
Comments from the public:
Applicant Guy Selinski, American Glass & Mirror, requested approval of the variances
and explained how he felt staffs proposal would not meet their business growth. They
need wider overhead doors to get larger vehicles indoor for loading. They definitely feel
the need for a 30 foot addition. The setback issue is only for part ofthe building.
Selinski pointed out how County Road 21 slants. The ratio of building height to length
was not an issue when the building was constructed with the intention to expand.
Mike Whalen, EFH Company, stated they were the original contractors for the building.
Whalen explained why the building was constructed the way it was with the only
expansion towards the back. They need the 30 feet to get the trucks in.
Lemke questioned the width of the overhead door. Whalen responded it is 12 feet now
and will expand to 14 feet.
L:\Ol files\Ol plancomm\Ol pcminutes\MN091 OOI.doc 2
.'
Planning Commission Minutes
September 10,2001
Applicant Tim Simmon, owner of Metro Cabinets, said he has doubled in size since they
have been in the business park. Another concern is safety. The applicants did work with
staff at the time of construction. Simmon explained the runoff problems. The only way
they can expand is north toward County Road 21.
The floor was closed for public comment.
Comments from the Commissioners:
Lemke:
. Staff did a good job putting the report together.
. Believe the City needs to be as friendly as possible to the business so they grow and
flourish.
. Supported all three variance requests.
Criego:
. Questioned applicant why the asphalt has been added around the perimeter of the
structure. Selinski responded it was for additional employee parking.
. Questioned the asphalt on the west side. Simmon responded it was just to get into the
building.
. The asphalt on the northeast side is also for parking. Horsman said the parking meets
current code.
. Questioned staff on the original location of the overhead doors and if the ordinance
changed. Horsman responded it met the code at the time. The new Zoning
Ordinance limits the length to height ratio.
. Was that ordinance for commercial and/or residential? Horsman said it was for
commercial.
. Would love to see the Prior Lake businesses grow in the community.
. Did not have a problem with the height/length ratio nor the 6.6 foot indenture ratio.
. Has a problem with the street variance not being met.
Stamson:
. Questioned staff if there are any practical problems with the 50 foot area. Horsman
responded that no easements are shown on the survey. It appears the addition would
be set back a considerable distance to meet code.
. As far as the 50 foot setback goes, there really isn't a practical reason for 50 feet as a
setback cutoff point. The hardship is the uniqueness by the county road requiring the
50 foot setback.
. The building was constructed prior to the current code with the intention of
expanding. The City revised the codes and made it difficult for the applicant. That is
the uniqueness of the property and not necessarily city-wide.
. The alternative is to move. It would be difficult to relocate in the area. The hardship
is that there is no commercial property.
. Using the 50 foot setback as rationale - the hardship criteria has been met.
L:\Olfiles\Ol plancomm\Ol pcminutes\MN091 OOI.doc 3
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Planning Commission Minutes
September 10.2001
. Do not have a problem with the other two variances.
. The height/length ratio ordinance in an industrial district should be discussed.
. Pass variances.
Atwood:
. Agreed with Commissioner Stamson. The expansion plans were prior to the rules and
regulations. That is the hardship.
. Not concerned with the setbacks to the buildings on either side.
. Inclined to let it go. It is reasonable.
. Questioned the interior openings. Horsman explained the firewall and separation of
buildings.
V onhof:
. Concurred with fellow Commissioners.
. Was on the Commission when this building was constructed and can speak on the
rationale for the doors on the side. This is a business park that backs up to a county
road. The concern at the time was having people coming into the community viewing
those buildings. Those two factors create a hardship in the design.
. Concurred with Commissioners the building wall in a business park is not as
significant as a residential district.
. The setback from the county road is only 7.5 feet at the maximum point.
. Regarding the streetscape coming into the community, there should be adequate
screening and landscaping.
MOTION BY STAMSON, SECOND BY ATWOOD, DIRECTING STAFF TO
PREP ARE A RESOLUTION GRANTING THE VARIANCES REQUESTED BY THE
APPLICANT WITH THE CONDITION REQUIRING THE APPROPRIATE
LANDSCAPE PLAN BE PROVIDED PRIOR TO !APPROV AL.
l
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will continue to September 24, 2001.
B. Case file #01-075 John Teilborg is requesting variances to permit a structure
to be setback less than the minimum required 75 feet from the Ordinary-High-
Water Mark; and a setback less than the minimum required front yard using
setback averaging; and a variance to perniit road access less than the minimum
required for the property located at 1~358 Rutgers Street.
Zoning Administrator Steve Horsman presented the Planning Report dated September 10,
2001, on file in the office of the Planning Department.
The Planning Department received a variance application from John & Lorraine Teilborg
for the construction of a single family dwelling with attached garage to replace an
existing dwelling on the subject lot located at 14358 Rutgers Street. The applicant has
proposed a building plan and site location and requests the following variances:
.
L:\Olfiles\Olplancomm\OI pcminutes\MN091 OOI.doc 4
Planning Commission Meeting
September 24,2001
#'.
. Agreed with Stamson, there should be consistency with the districts regarding the
carwashes. It would be possible, especially with gas stations, which are adjacent to
residential areas. Something could be done.
. Don't know if its better to regulate the hours or maintain the doors be closed all the
time. Noise is a continual condition.
Open Discussion and comments: (regarding carwashes)
. Most carwashes now have to open the back door to be air-dried.
. Most gas stations are along Highway 13. Between 6:00 a.m. and 11 :30 p.m., the
traffic and noise levels are going to be higher, the carwash noise is not going to be
significantly contributing to that.
. Do not like the doors being shut. Liked Lemke's suggestion of mitigating the
distance from a residential district.
. There is a design that keeps the dryer inside the carwash.
. How to police?
. Questioned staff if there have been complaints from the Cl District. Rye said there
were none, it came from a C4 district.
. All agreed there should be some regulation.
. Limit the hours of open doors.
. Hard to speculate what will happen.
. Really only applies to 2 stations in Prior Lake.
. Table to next session and contact the stations and explain the problem and see if they
have a solution that would work. They may have additional information.
. Other cities have varying regulations to their ordinances. There is no standard
language.
MOTION BY STAMSON, SECOND BY CRIEGO, RECOMMENDING CITY
COUNCIL APPROVE THE RAIN SENSOR AMENDMENT PURSUANT TO
STAFF'S LANGUAGE.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY STAMSON, SECOND BY LEMKE, TO TABLE THE CARW ASH
ISSUE TO OCTOBER 8, 2001 AND CONTINUE THE PUBLIC HEARING.
Vote taken indicated aye by all. MOTION CARRIED.
5. Old Business:
A. Case Files #01-066 & #01-067 EFH Company representing Metro Cabinets
and American Glass & Mirror Variance Resolution.
Zoning Administrator Steve Horsman presented Resolution 01-015PC as directed by the
Planning Commission at the September 10, 2001 meeting.
L:\Ol fiIes\O 1 plancomm\O 1 pcrninutes\MN092401.doc 8
Planning Commission Meeting
September 24, 2001
..
MOTION BY STAMSON, SECOND BY ATWOOD, TO ADOPT RESOLUTION 01-
015PC AS PRESENTED BY STAFF.
Vote taken indicated ayes by all. MOTION CARRIED.
B. Case File #01-017 Mark Crouse Variance Resolution.
Zoning Administrator Steve Horsman presented Resolution 01-015PC as directed by the
Planning Commission at the September 10,2001 meeting.
Stamson clarified the variance requiring a paved driveway. The concern was the
applicant would leave the patio and return. to a dirt driveway. We want to avoid that
situation. Horsman responded the driveway ordinance regulates a Class 5 action.
Allison Gontarek, representing the applicant, asked to be recognized.
Chairman V onhof stated the public hearing was closed.
MOTION BY STAMSON, SECOND BY LEMKE, RECOMMENDING CITY
COUNCIL TO ADOPT RESOLUTION 01-11PC.
Discussion:
Criego said he did not vote for this the last time based on the 36% impervious surface.
Although the Commission felt the property should have a driveway and a reduced
sidewalk. The applicant at the time was not prepared to reduce the impervious surface as
much as the Commission wanted him to. Questioned the intent to have a driveway with
normal curb entrance to a three ~ar garage or only provide concrete to a two car garage.
!
Stamson responded his initial Motion was for staff to determine the impervious surface
percentage. The intent was for a three car garage. The issue was to redraft and not delay
another two weeks.
Horsman responded it would be very difficult to get pavement to the third car garage with
the 36% impervious surface.
Rye stated the original Motion should be modified to be consistent with the Resolution.
MOTION BY STAMSON, SECOND BY ATWOOD, TO RECONSIDER THE VOTE
OF SEPTEMBER 10,2001 MEETING PERTAINING TO THIS ISSUE.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY CRIEGO, SECOND BY STAMSON, APPROVING A VARIANCE TO
PERMIT A MAXIMUM OF 38% IMPERVIOUS SURF ACE COVERAGE WITH THE
CONDITIONS THE APPLICANT SUBMIT TO THE CITY A REVISED SURVEY
L:\O I files\Ol plancomm\Ol pcminutes\MN09240 I.doc 9
Original
Reports
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L:\TEMPLA TE\FILEINFO.DOC
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" .
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5A
CONSIDER A RESOLUTION APPROVING
VARIANCES TO MAXIMUM BUILDING WALL LENGTH
TO HEIGHT RATIO; STRUCTURE SETBACK TO
PROPERTY LINE; AND, A DRIVEWAY SETBACK TO
PROPERTY LINE, Case File #01-066PC
5418 COTTONWOOD LANE SE, UNITS A & B
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
YES ~ NO
SEPTEMBER 24, 2001
The Planning Department received a Variance application from EFH, CO.
(contractor); American Gla~s & Mirror Company; and, Metro Cabinets Company
(owner), for the construction of a addition to an existing commercial building on
the property located at 5418 Cottonwood Lane SE, Units A & B (Attachment 1 -
Certificate of Survey).
A public hearing was convened on September 10, 2001. After review of the
applicant's request with respect to variance hardship criteria, the Planning
Commission directed staff to draft Resolution 01-015PC approving the following
Variances with conditions:
1) A variance to permit an addition to an existing structure with a building wall
length to height ratio of 6.6:1 rather than the maximum ratio of 4:1 [Ordinance
Section 1107.2202: (8,b)].
2) A 7.51-foot variance to permit a 42.49-foot structure setback from a property
line adjoining an arterial road rather than the minimum required 50-foot
setback (Ordinance Section 1102.1406: Required Setbacks).
3) A 3-foot variance to permit a driveway to be setback 3-feet from a side
property line rather than the minimum required 6-feet (Ordinance Section
1102.1406: Required Setbacks).
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The following conditions must be adhered to prior to the issuance of a building
permit and/or certificate of occupancy for the proposed addition:
1. The applicant must submit a landscape and screening plan that adheres to all
of the requirements under the Zoning Ordinance (see attached Landscape
Plan).
2. The Resolution adopted by the Planning Commission shall be recorded at
Scott County and proof of recording shall be submitted along with the
acknowledged Assent Form to the Planning Department prior to issuance of a
building permit.
RECOMMENDATION:
On September 14, 2001, the applicant submitted a revised landscaping plan,
which is consistent with the Zoning Ordinance requirements. A copy of the
landscaping plan is attached for the Planning Commission review.
The attached Resolution is consistent with the Planning Commission's direction
for approval of the requested variances for a building wall length to height ratio of
6.6 to 1; a structure setback to a property line adjoining an arterial road of 42.49-
feet; and a driveway setback of 3-feet to a property line. The staff therefore
recommends adoption of Resolution 01-015PC.
AL TERNA TIVES:
1. Adopt the attached Resolution # 01-015PC approving the three variances
with two conditions that the Planning Commission deemed appropriate under
the circumstances.
2. Table or continue discussion of the item for specific purpose.
ACTION REQUIRED:
A Motion and second adopting Resolution 01-015PC approving the building wall
length to height ratio; structure setback from a property line abutting an arterial
road; and driveway setback to a property line, with conditions.
L:\01 files\01 variances\01-066\VarRpt2.doc
Page 2
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RESOLUTION 01-015PC
A RESOLUTION APPOVING A VARIANCE TO PERMIT A STRUCTURE WITH A
BUILDING WALL LENGTH TO HEIGHT RATIO OF 6.6 TO 1, RATHER THAN THE
MAXIMUM RATIO OF 4 TO 1; AND, A 7.51-FOOT VARIANCE TO PERMIT A 42.49-
FOOT STRUCTURE SETBACK FROM A PROPERTY LINE ADJOINING AN
ARTERIAL ROAD RATHER THAN THE REQUIRED MINIMUM 50-FEET; AND, A 3
FOOT VARIANCE TO PERMIT A DRIVEWAY SETBACK OF 3 FEET FROM A SIDE
PROPERTY LINE RA,THER THAN THE REQUIRED MINIMUM 6 FEET
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. EFH, Co., Metro Cabinets and American Glass & Mirror Company have applied for
variances from the Zoning Ordinance in order to permit the construction of an addition to a
commercial building on property located in the C-5 (Business Park Use) District at the
following location, to wit;
5418A and 5418B Cottonwood Lane SE, legally described as Plat 25313, CIC 1026
Cottonwood, Units 1 and 2, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variances as contained in Case
#Ol-066PC and held hearings thereon on September 10,2001.
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 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. A legal building addition location that meets the required setback for the proposed structure
does not exist on the subject lot. The proposed plan design and subject lot shape is such that
the hardship has not been created by the applicant. Reasonable use of the property does not
exist without the building addition as proposed.
6. There is justifIable hardship caused by the required yard setbacks and building length to
height ratio, as reasonable use of the property does not exist without the granting of the
variance.
.
1:\01 files\O 1 variances\O 1-066\aprvres.doc I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
7. The granting of the variance, as originally requested, 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.
8. The contents of Planning Case 01-066PC 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
variances for the proposed building addition to a commercial building as shown in Attachment 1;
1. A variance to permit a structure with a building wall length to height ratio 6.6 to 1, rather
than the maximum ratio of 4 to 1.
2. A 7.51-foot variance to permit a 42.49-foot structure setback from a property adjoining an
arterial road, rather than the minimum required 50-feet.
3. A 3-foot variance to permit a driveway to be setback 3-feet from a side yard property line,
rather than the required minimum of 6 feet.
The following conditions must be adhered to prior to the issuance of a building permit for the
proposed building addition:
1. The applicant must submit a" landscape and screening plan that adheres to all of the
requirements under the Zoning Ordinance.
2. The Resolution adopted by the Planning Commission shall be recorded at Scott County
within 60 days of the date of approval. Proof of recording shall be submitted to the
Planning Department, along with the acknowledged Assent Form prior to issuance of a
building permit.
3. Pursuant to Section 1108.400 of the Zoning Ordinance, the variance will be null and void if
the necessary permits for the proposed addition are not obtained within one year after the
adoption of this Resolution, or by September 24, 2002.
Adopted by the Board of Adjustment on September 24, 2001.
Thomas E. V onhof, Commission Chair
ATIEST:
Donald R. Rye, Planning Director
.
1:\01 files\O 1 variances\O 1-066\aprvres.doc
2
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4A
CONSIDER VARIANCES TO THE MAXIMUM
BUILDING WALL LENGTH TO BUILDING HEIGHT
RATIO; STRUCTURE SETBACK TO PROPERTY LINE;
AND DRIVEWAY/PARKING SETBACK TO PROPERTY
LINE; FOR A NEW ADDITION TO AN EXISTING
BUILDING IN THE C-5 DISTRICT (Case File #01-066)
5418 COTTONWOOD LANE SE, UNITS A & B
STEVE HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
SEPTEMBER 10, 2001
The Planning Department received an application for variances to allow the
construction of an addition to the existing commercial building on the property
located at 5418 Cottonwood Lane, and addressed as Units A & B. The
applicants are EFH, Co. (contractor), Metro Cabinets Company (owner), and
American Glass & Mirror Company (owner). The following variances are
requested:
1. A variance to permit a structure with a building wall length to height ratio
of 6.6:1 rather than the maximum ratio of 4:1 (City Code Section
1107 .2202, ~8,b).
2. A 7.51-foot variance to permit a 42.49-foot structure setback from a
property line adjoining an arterial road rather than the minimum required
50-feet (1102.1406: Required Setbacks).
3. A 3-foot variance to permit a driveway/parking area to be setback 3-feet
from a side property line, rather than the minimum required 6 feet
(1102.1406: Required Setbacks).
DISCUSSION:
The property was originally platted in 1992 as Lot 1, Block 1, Waterfront Passage
Addition. In 1995, the subject property was platted as a condominium through
1:\01 files\01 variances\01-066\01-066pc.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
Scott County Land Records as Plat 25313 CIC 1026 Cottonwood. This permits
one building on two separate parcels with two property owners. Metro Cabinets
Company owns unit 1, and Guy & Mary Selinski owns unit 2 and has the
business American Glass & Mirror, Inc. The parcel line runs down the center of
the building with both owners having equal shares of the one structure. The
original building was constructed in 1995 under Building Permit 95-341.
(Attachment 1 - Certificate of Survey).
The property owners have hired EFH, Co. to submit the variance application and
to construct the addition. The proposed addition consists of white architectural
precast concrete panels to match the materials and design of the existing
structure (Attachment 2 - Exterior Elevations/Site Plan). The proposed
building material does not meet today's requirements for new structures, but is
permitted for additions to existing buildings under City Code [ Sec. 1102.1407 (2)
Additions and Alterations].
The proposed addition is located on the north side of the existing building. It is
119.9' wide by 30' deep by 18' high. The building addition is setback 42.49' from
the property line that adjoins the County Road 21 right-of-way and requires a
7.51-foot variance. The driveway/parking area additions are proposed for both
parcels and are 3' from the west property line and 3' from the east property line.
The proposed addition wall when added to the existing wall does not meet the
maximum building length to height ratio of 4: 1.
Section 1107 .2202, ~8,b, of the Zoning Ordinance states "no unbroken building
wall may exceed a 4:1 ratio of wall length to wall height, and each building
deviation at the 4:1 ratio shall be a minimum depth of 4 feet." The west and east
walls of the existing building are 89-feet and when added to the 30-foot addition
totals 119-feet. With a building wall height of 18-feet this creates a length to
height ratio of 6.6 to 1.
In the narrative submitted by the applicants, they are proposing the additions for
various reasons. These include business growth, insufficient space for
assembly, product storage, and the larger equipment and vehicles that require
more space to maneuver in and out of overhead doors, and more area to serve
the public (Attachment 3 - Applicant Narratives).
It should also be noted that conditions for a variance approval include landscape
and buffer areas, and no outdoor storage of equipment or dumpsters without
providing screening from public view. If the Planning Commission decides to
grant a variance it should include conditions, one of which is to complete all
missing landscaping and to add additional landscaping/screening for the
proposed building addition, outdoor equipment and trash dumpsters
(Attachment 4 - Landscape Plan).
1:\01 files\01 variances\01-066\01-066pc.doc
Page 2
This request was referred to applicable City departments and utility companies
for comment. The City Building Department noted that no interior openings are
allowed on the common wall between parcel 1 and parcel 2. The City
Engineering Department commented that proposed additions to the bituminous
driveway encroach into the 10 foot drainage and utility easements on both side
lot lines. Integra Telecom, noted that paving over the drainage and utility
easement creates problems if any utility needs to replace or repair lines.
Finally, in 1995, applicant Mr. Guy Selinski, American Glass & Mirror, applied for
and received a 7 -foot variance to expand the driveway/parking area to within 3-
feet of the east lot line, Unit B. The current ordinance only requires a minimum
6-foot driveway setback and is the reason for the accompanying 3 foot variance
request (Attachment 5 - Variance 95-42 Minutes/Exhibit).
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 existing lot can accommodate a revised and scaled down building
addition without the setback variance (20 ft. versus 30 ft.). The wall addition
could be redesigned with a minimum 6.6-foot recessed break from the
existing wall in order to meet the 4: 1 building length to height ratio. By
recessing the new wall addition 6.6-feet there appears to be enough room for
the driveway area to provide sufficient area to turn larger commercial vehicles
at the existing angles (the variance requested was for 7 feet of area).
2. Conditions applying to the structure or land in question are peculiar to
the property or immediately adjoining property, and do not apply,
generally,
The conditions that apply are not peculiar to the property or adjoining
property, and do apply, generally, to other land or structures in the Use
District in which the land is located. There appears to be a legal alternative
for a redesigned addition that meets code requirements.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
1:\01 files\01 variances\01-066\01-066pc.doc
Page 3
By redesigning the configuration of the addition, it can be built without
granting the three requested variances.
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 variances will not impair the supply of light and air to the
adjacent property. The addition will not significantly impact the public streets
or endanger public safety.
5. The granting of the Variance will not unreasonably impact on the
character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area,
or in any other way impair the health safety, and comfort of the area.
The purpose of the maximum length to height ratio is to lessen the impact of
the bulk of a large building on the adjacent property. Staff is of the opinion
that granting this variance will impact the character of the neighborhood.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
The granting of these variances is contrary to the intent of the Ordinance and
Comprehensive Plan, which is to provide orderly development and prevent
over crowding of land and undue concentration of structures in relation to the
land surrounding them.
7. The granting of the Variance will not merely serve as a convenience to
the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
The proposed addition can be redesigned to eliminate the need for all three
variances. The granting of these variances is not necessary to alleviate a
demonstrable hardship existing today, but for the proposed future addition.
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 variances would not be necessary with a redesign of the addition.
1:\01 files\01 variances\01-066\01-066pc.doc
Page 4
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
The applicant has indicated the variances are based on economic hardship
as the economic growth has created the need to expand the existing building.
Redesigning the addition will eliminate the need for the variances.
RECOMMENDA liON:
The Planning staff has determined that the variance requests for the building
setback and height to length ratio do not meet the nine hardship criteria, since it
is a business decision to expand the existing building due to economic growth
and the need for additional space for storage of materials and production
capabilities. The applicant can redesign the addition to meet the required
setback with a 20-foot addition. However, the existing building already exceeds
the maximum ratio of length to height, as the building wall is 18-feet high and 89
feet long (4.9 to 1 ratio). Therefore, the addition would also need to be
redesigned with a minimum 6.6-foot break (4.9 feet plus 1.7 feet). The staff
therefore recommends denial of the first two requests.
In regards to variance request number three, when the existing building was
constructed, the City Code required the overhead loading doors be located in the
side yards, and because the side yards do not have enough depth to allow large
commercial vehicles to maneuver through the doors. With the new addition
designed to meet setbacks and a break in the building wall of 6.6 feet this would
eliminate the need for the driveway setback variance as the recessed wall adds
another 6.6 feet area for driveway. Staff also recommends denial of this
variance request, as it does not meet the nine hardship criteria.
If the Planning Commission finds the request meets the hardship criteria, the
staff would recommend the Commission require screening of the building and
parking lot as conditions of approval.
AL lERNA liVES:
1. Approve the variance 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 variances requested.
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.
1:\01 files\01 variances\01-066\01-066pc.doc
Page 5
ACTION REQUIRED:
Motion and second adopting Resolution 01-015PC denying variances to
minimum building setback; and to the maximum building wall length to height
ratio; and minimum driveway/parking area setback; for the addition to the
existing building as shown on Attachment 1.
1:\01 files\01 variances\01-066\01-066pc.doc
Page 6
RESOLUTION 01-015PC
A RESOLUTION DENYING A VARIANCE TO PERMIT A STRUCTURE WITH A
BUILDING WALL LENGTH TO HEIGHT RATIO OF 6.6 TO 1, RATHER THAN THE
MAXIMUM RATIO OF 4 TO 1; AND, A 7.51-FOOT VARIANCE TO PERMIT A 42.49-
FOOT STRUCTURE SETBACK FROM A PROPERTY LINE ADJOINING AN
ARTERIAL ROAD RATHER THAN THE REQUIRED MINIMUM 50-FEET; AND, A 3
FOOT VARIANCE TO PERMIT A DRIVEWAYIPARKING AREA SETBACK OF 3
FEET FROM A SIDE PROPERTY LINE RATHER THAN THE REQUIRED MINIMUM
6 FEET
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. EFH, Co.; Metro Cabinets; and, American Glass & Mirror Company, have applied for
variances from the Zoning Ordinance in order to permit the construction of an addition to a
commercial building on property located in the C-5 (Business Park Use) District at the
following location, to wit;
5418A and 5418B Cottonwood Lane SE, legally described as Plat 25313, CIC 1026
Cottonwood, Units 1 and 2, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variances as contained in Case
#01-066PC and held hearings thereon on September 10, 2001.
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, umeasonably 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. A legal building addition location that meets the required setback for the structure exists on
the subject lot. The applicant has control over the plan design and shape, such that the
hardship created has been created by the applicant. Reasonable use of the property exists
without the building addition as proposed.
6. There is no justifIable hardship caused by the required yard setbacks and building length to
height ratio, as reasonable use of the property exists without the granting of the variance.
1:\01 files\O 1 variances\O 1-066\dnyres.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
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 01-066PC 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
variances for a future building addition to a commercial building as shown in Attachment 1;
1. A variance to permit a structure with a building wall length to height ratio 6.6 to 1, rather
than the maximum ratio of 4 to 1.
2. A 7.51-foot variance to permit a 42.49-foot structure setback from a property adjoining an
arterial road, rather than the minimum required 50-feet.
3. A 3-foot variance to permit a driveway/parking area to be setback 3-feet from a side yard
property line, rather than the required minimum of 6 feet.
Adopted by the Board of Adjustment on September 10, 2001.
Thomas E. V onhof, Commission Chair
ATIEST:
Donald R. Rye, Planning Director
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ATTACHMENT 3 - APPLICANT NARRATIVES
August 10, 2001
Mr. Steve Horsman
Zoning Administrator/lnspector
City of Prior Lake
16200 Eagle Creek Ave. S.E.
Prior Lake, MN 55372
RE: Metro Cabinets
Variance Application Review
Dear Mr. Horsman:
Metro Cabinets is applying for a variance to the existing building setback of 50' on the
north side and the parking setback of 10' on the west property line. We are requesting a
variance of approximately 2' to 7' along the north building setback due to the proposed
addition. This will require a 7' parking setback variance to access the proposed addition
along the west property line.
This addition is necessary due to the increase in business and our desire to serve our
clients efficiently. Our existing facility does not permit our employees sufficient space for
assembly and storage of product until delivery. It is anticipated that this addition will
satisfy current and future needs for our business. The variances are needed due to the
current ordinance of no overhead doors facing Cottonwood Lane. Our business is cabinet
making and wood products and has grown substantially over the past few years with the
economy. Our location serves our customer base well and is central to our client base.
Our location also offers the ability for walk-in traffic with our signage on County Road 21.
Our original design was based upon previous conversations with Prior Lake staff that made
it clear there would be no variance for doors facing Cottonwood Lane. Therefore, we
designed a building that we felt would satisfy our current and future needs as we are going
from 2,500 sf to 5,400 sf. With the changing demands of the client, we have had to
update equipment and are not able to fit our vehicle into our building to load and unload
material at present. We need this ability as our products are sensitive to temperature and
weather.
Our new addition will allow Metro Cabinets to handle product efficiently and serve existing
and future customers. The addition will match the existing building with the white double
liT" precast exterior and is maintenance free.
Please call me with any questions. I am submitting this letter to be included with our
variance application that you have already received.
SinCereIY:~ ~
Tim Sinnen
Glass & Mirror Inc.
P.O. Box 542
5418 Cottonwood Lane, S.E. Ste. #2
Prior Lake, MN 55372
(952) 447-3151
Fax (952) 447-6179
August 10, 2001
Mr. Steve Horsman
Zoning Administrator/Inspector
City of Prior Lake
16200 Eagle Creek Ave. S.E.
Prior Lake, MN 55372
RE: American Glass & Mirror Inc.
Variance Application Review
Dear Mr. Horsman:
American Glass & Mirror (along with Metro Cabinets) is applying for a
variance to the existing setback of 50' and the parking setback of 10'. As our
business has grown, it has been increasingly necessary to invest in larger
vehicles with glass racks on both sides. The doors and driveways are not
wide enough to allow these vehicles to pull into our building to permit safe
loading of glass.
The increase in business also requires a larger building to serve the needs of
the public. Because of economies of scale, the minimum addition that would
make sense is 30 feet (1800 square feet). When we bought this lot and
designed this building, Roger Gannett, then a consultant to the city, told us
that we would be able to put an addition on of up to 2400 square feet.
The lot shape angles in toward the west approximately 9 feet. So on the east
side of the lot our expansion plan does not encroach on the setbacks, on the
west side it encroaches approximately 7 feet. We believe that granting of this
variance will not in any way negatively impact the character and
development of the surrounding neighborhood nor diminish their value. The
granting of this variance will also not impact the traffic and congestion in the
area.
When designing our building we were told that we would not be allowed to
design it with the doors facing the front. Had we been allowed to, we would
have been able to move the building forward on our lot and then would have
had plenty of room in the rear to expand. Since construction of our building,
another building in the business park has been constructed with door facing
the street.
We urge you to grant this variance and allow our businesses to continue to
grow in our community
Sincerely,
A. ~~
GUy1'linske
Amencan Glass & Mirror Inc.
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ATTACHMENT 5 - VARIANCE 95-42
eek: Some standards should be set - County Road 21 will be a thoroughfare int
'ty. Standards are set across the street. We should be consistent.
· : Another thing to do in looking at the site plan is to delineate only that
wH storage is occurring.
· One e difficulties with the issues of recycling was it did come throu
about . on. Normally if we had this Ordinance in place we would n
problem. ow we are coming back and designing the Ordinance,
· Supportiv en if it is vague.
Kuykendall:
· Primary concern or outside storage.
· Support screening the public street.
· One standard to appl 'IT-wide.
· Buckingham stated non
containers.
· This is a gateway to our Ci
· Landscape ordinances should
· Issue of facilities located 500 fee
it is the activity as much as the nois
S TO RECOMMEND TO THE CITY
D ORDINANCE AMENDMENT TO
CE 83-6 WITH RECOMMENDED
MOTION BY VONHOF, SECOND BY L
COUNCIL THE ADOPTION OF THE
SECTIONS 3 AND 8 OF THE ZO
CHANGES.
Rationale: Restated #4 to say ~' tdoor storage of recyc
would not be permitted but,' any event outdoor storage .
the landscape requireme . 4iI ound in 6.10."
e materials outside containers
ntainers would be subject to
Vote taken signifie / es by V oOOof, Loftus, Wuellner and Kuy
CARRIED.
ONHOF, SECOND BY WUELLNER TO CLOSE P
signified ayes by Loftus, Wuellner, V oOOof and Kuykendall.
D.
recess was called at 8:35 p.m. The meeting reconvened at 8:40 p.m.
.. l.C V A95-42 Consider Variance for Guy and Mary Selinske at 5418 Cottonwood
Lane SEe Applicant proposes to modify the drive area which serves their business,
American Glass. The planting area would be narrowed resulting in a side setback
of the planting area which narrows to 3 feet and 5 feet, respectively. The Selinskes
MN12119S,DOC
PAGES
~
are requesting a 7 foot variance to permit a side yard setback of 3 feet instead of the
required 10 feet.
Michael Leek reviewed the Planning Report dated December 11, 1995. Staff
recommendation is for approval of the variance requested based on their findings of
hardship.
Guy Selinske, (19040 Southfork Drive) urged the Commission to adopt the recommended
Resolution 9540PC.
Comments from Commissioners:
Wuellner:
· Selinske explained the problem with loading glass with the present overhead doors.
Loftus:
· No questions. Supports Resolution.
V onhof:
· Hardship standards have been met. Support Resolution.
Kuykendall:
· Supports Resolution.
· Selinske explained the slope and grading.
MOTION BY LOFTUS, SECOND BY WUELLNER, TO ACT FA VORABL YON
RESOLUTION 9540PC AND ADOPT ALL FINDINGS.
Rationale: All hardship criteria have been met.
Vote taken signified ayes by Loftus, Wuellner, Vonhof and Kuykendall. MOTION
CARRIED.
Other Business:
Comprehensive Plan: Planning Director Don Rye addressed concerns the
Commissioners had from the public hearings. There was a brief discussion of the
changes and clarification; the Met Council's response, and a request for the Scott Counry-
Planner to give a presentation to the Commissioners on annexations, especially Spring
Lake Township. City Engineer, Larry Anderson was present to answer questions.
MOTION BY VONHOF, SECOND BY LOFTUS TO APPROVE THE CHANGES IN
THE COMPREHENSIVE PLAN AND TO RECOMMEND ADOPTION TO THE CITY
COUNCIL.
MN12119S.DOC
PAGE6
VA95-42
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DIRECT WATeR. TYP.
NEW 1 STORY (10,710 S.F.) BUILDING
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AMERICAN GLASS and MIRROR
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July 20, 2001
Mike Whalen
EFH Co.
2999 W County Rd. 42
Burnsville, MN 55306
RE: Variance Application Review
Dear Mr. Whalen:
On July 16,2001, the Planning Department received a variance application from you, as a
representative of the property owners, for the construction of a building addition and
expanded driveway/parking area on the property at 5418 Cottonwood Lane. The
following additional information is necessary to process your application:
1. Full address of each parcel.
2. Submit an updated certificate of survey to include, but not be limited to the following:
a. the existing conditions and buildings on the site; and,
b. the proposed building and driveway additions and setbacks to property
boundaries; and,
c. the building area ratio to the lot area.
3. Submit a general limited written scope of work and plans for the building addition
and expanded driveway area, including building dimensions, height and exterior
materials.
Once we have received the above information, we will process your application and
schedule this item for a public hearing. If you have any questions, please phone me at
447-9854.
Thank you for your cooperation on this matter.
Sincerely,
~~
Steven Horsman
Zoning AdministratorlInspector
L:\O 1 files\O 1 variances\O 1-066\Incmplt.doc
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORnJNllY EMPLOYER
11
August 24, 2001
EFH Co.
Mike Whalen or Lee Monson
2999 West County Rd. 42
Burnsville, MN 55306
RE: Notice Of Completeness For Variance Application
Dear Mr. Whalen & Mr. Monson:
The Planning Department has reviewed and determined that your variance application is
complete. I will notify you of any pertinent issues, which may arise as a result of my
preparation of the staff report.
We have scheduled your request to be heard before the Planning Commission on
Monday, September 10, 2001. The meeting begins at 6:30 p.m. and is located at the
City Fire Station on the comer of 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 staffreport
with recommendation prior to the meeting.
The City approval process can be substantially less than 120 days, and we intend to
process your application in a timely manner that provides a complete and professional
review. Occasionally, 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 October 20, 2001, till
December 20,2001.
In addition, we will be processing this variance request as one application and the fee is
$200.00. You submitted a $400.00 check which we will exchange for a $200.00 check
amount. If you should have any questions please call me at (952) 447-9854.
CC: Tim Sinnen, Metro Cabinets; Guy Selinski, American Glass & Mirror
1:\01flles\01variances\01-066\cmpltltr.doc Page 1
16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
MEMORANDUM
DATE:
TO:
FROM:
CC:
SBJCT:
10/5/01
Paul Baumgartner, Plans Examiner
Steve Horsman, Zoning Administrator
Jane Kansier, Planning Coordinator
B. P. review for 5418 Cottonwood Lane, Units 1 & 2
I have completed a building permit review for the above described property
regarding planning issues. The following issues shall be addressed prior to
permit issuance:
1. Variance Resolution 01-0 15PC as adopted by the Planning Commission
shall be recorded at Scott County within 60 days of the date of approval.
Proof of recording shall be submitted to the Planning Department, along
with the Assent Form aclmowledged by the property owners.
2. Screen all rooftop equipment, utility service equipment, and outside
storage areas (see attached Ordinance Sec. 1107.2200).
Any questions my extensions 219.
September 25,2001
Thomas E. Vonhof
Planning Commission Chair
14411 Watersedge Trail
Prior Lake, MN 55372
Dear Mr. Vonhof:
Enclosed is Variance Resolution 01-015PC (Approved), as adopted by the Planning
Commission on September 24, 2001. Please review and sign the Resolutions and
return in the self addressed starpped 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.
Sincerely,
~~~
Steven Horsman
Zoning Administrator/Inspector
16200 ~~m-~reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
MEMORANDUM
DATE:
TO:
FROM:
CC:
SBJCT:
10/9/01
Paul Baumgartner, Plans Examiner
Steve Horsman, Zoning Administrator
Jane Kansier, Planning Coordinator
B. P. review for building addition at 5418 Cottonwood Lane
I have completed a building permit review for the proposed addition to the
above described property. The following issues shall be addressed prior to
permit issuance:
1. Variance Resolution 01-0 15PC as adopted by the Planning Commission
shall be recorded at Scott County within 60 days of the date of approval
and proof of recording shall be submitted to the Planning Department,
along with the Assent Form acknowledged by the property owners.
2. Screen from public view all applicable mechanical equipment, utility
service equipment, and outside storage areas including trash containers.
3. Provide exterior lighting plan for driveway/parking areas if applicable.
Any questions my direct dial phone number is 952-447-9854.
RESOLUTION 9540PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A SIDE YARD SETBACK
OF 3 FEET ON THE EAST INSTEAD OF THE REQUIRED 10 FEET FOR THE
MODIFICATION OF A DRIVE AISLE ON PROPERTY IN THE BP-BUSINESS
PARK ZONING DISTRICT AT 5418 COTTONWOOD LANE SE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Guy and Mary Selinske have applied for a variance from Section 6.15 of the
Zoning Ordinance in order to permit modification of a drive aisle on property located in
the BP-Business Park district at the following location, to wit;
5418 Cottonwood Lane SE., legally described as Lot 1, Block 1,
Waterfront Passage Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case #V A9542 and held hearings thereon on December 11, 1995.
3. The Board of Adjustment has considered the effect of the proposed variances
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 variances on the Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it
is possible to use the subject property in such a way that the proposed variance
will not result in the impairment of an adequate supply of light and air to
adjacent properties, 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 special conditions applying to the subject property are unique to such
property, and do not generally apply to other land in the district in which such
land is located. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are its narrowness.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNIlY EMPLOYER
6. 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 applicants, but is necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case V A95-42 are hereby entered into and made a part
of the public record and the record of decision for this case. Pursuant to Section
5-6-8 of the Ordinance Code these variances will be deemed to be abandoned,
and thus will be null and void one (1) year from the date of approval if the holder
of the variance has failed to obtain any necessary, required or appropriate permits
for the completion of contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances;
1. A variance to permit a side yard setback on the East of 3 feet instead of the
required 10 feet.
These variances are granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A.
Adopted by the Board of Adjustment on December 11, 1995.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
2
TC906D 10 T70 ACS Tax System
Bill No. Parcel No.
R 32755 R 253130010
I I I , I '2'0'0'1' "I I I I I , , I I I I I I I I , I I I I I I , I I I I I I I ,
Inquiry
Name Taxpayer/Legal Info
METRO CABINETS COMPANY INC 0
PR'I'OR' 'LAKE' MN ' '5'5'3'7'2' , , , , , , , , , ,
Tax Codes District Code 2002
Twn/Sch 0800 0719
Spec Dist 509 164 505 507 548
User Codes
TIF District 306/0 COTTONWOOD CONDO 2-3
Property Address
5~18 COTTONWOOD LN SE #1
PRIOR LAKE 55372
Taxpayer 21981
METRO CABINETS COMPANY INC
5418 COTTONWOOD LN SE
STE 1
PRIOR LAKE MN 55372
Alternate
Legal Description
Sect/Twn/Range
Plat 25313 CIC 1026 COTTONWOOD
Lot/Block UNT 001
Escrow
Other
More Legal? N
A=CSM B=ASM C=DQ D=NAL E=TR F=SP P=PA S=GS U=CAMA "
More Addresses? Y
Mod? Act i'o'n?
,
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TC906D 10 T70 ACS Tax System
Bill No. Parcel No.
R 32756 R 253130020
, , , , "2'0'0'1' """""""""""""""",
Tax Codes District Code 2002
Twn/Sch 0800 0719
Spec Dist 509 164 505 507 548
User Codes
TIF District 306/0 COTTONWOOD CONDO 2-3
Property Address
5~18 COTTONWOOD LN SE #2
PRIOR LAKE 55372
Legal Description
Sect/Twn/Range
Plat 25313 CIC 1026 COTTONWOOD
Lot/Block UNT 002
Inquiry
Name Taxpayer/Legal Info
GUY J & MARY K SELINSKE 0
P'RI'O'R LAKE' z.m ' '5'5'3'7'2' , , , , , , , , , ,
Taxpayer 33898
GUY J & MARY K SELINSKE
19040 SOUTHFORK DR
PRIOR LAKE MN 55372
Alternate
Escrow
Other
More Legal? N
A=CSM B=ASM C=DQ D=NAL E=TR F=SP P=PA S=GS U=CAMA
More Addresses? Y
Mod? Acti'o'n?
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September 19, 2001
EFH Company
2999 W. County Road 42, Suite 206
Bumsville, MN 55306
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the September 24,
2001 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-
9810.
Sincerely,
~t~ ~~~
Connie Carlson .
Planning Dept. Secre ary
Enclosure
I:\deptwork\blankfrm\meetltr.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
D EFH Co.
.. .... ... General Contractor
2999 W. County Road 42
Suite 206
Burnsville, Minnesota
55306
July 27,2001
952-890-6450
952-890-5476 Fax
Mr. Steve Horsman
Zoning Administrator/Inspector
City of Prior Lake
16200 Eagle Creek Ave. S.E.
Prior Lake, MN 55372
RE: Metro Cabinets
Variance Application Review
Dear Mr. Horsman:
I am in receipt of your letter dated July 20, 2001 and offer the following information for
your review:
1. Address of Metro Cabinets is 5418A Cottonwood Lane, Prior Lake, MN 55372
2. An updated Certificate of Survey is attached.
3. Metro Cabinets wishes to construct an addition of approximately 1,800 SF to match
the existing structure, which consists of precast concrete wall panels with white
concrete, the height of the new addition will match the existing structure. The
driveway will be extended to the rear of the structure for access to the new addition.
The new drive will have curb and gutter and asphalt paving. The application has a
preliminary set of drawings for the proposed addition, showing building materials,
addition height, etc.
If you have any questions on the enclosed please do not hesitate to contact me. Thank
you.
Enc.
, . . ..
D EFH Co.
. .. .... General Contractor
2999 W. County Road 42
Suite 206
Burnsville, Minnesota
55306
July 27,2001
952-890-6450
952-890-5476 Fax
Mr. Steve Horsman
Zoning Administrator/Inspector
City of Prior Lake
16200 Eagle Creek Ave. S.E.
Prior Lake, MN 55372
RE: American Glass and Mirror
Variance Application Review
Dear Mr. Horsman:
I am in receipt of your letter dated July 20, 2001 and offer the following information for
your review:
1. Address of American Glass and Mirror is 54188 Cottonwood Lane, Prior Lake, MN
55372
2. An updated Certificate of Survey is attached.
3. American Glass and Mirror wishes to construct an addition of approximately 1,800
SF to match the existing structure, which consists of precast concrete wall panels
with white concrete, the height of the new addition will match the existing structure.
The driveway will be extended to the rear of the structure for access to the new
addition and allow parking at the rear of the new addition. The new drive will have
curb and gutter and asphalt paving. Landscaping will be relocated as needed. The
application has a preliminary set of drawings for the proposed addition, showing
building materials, addition height, etc.
If you have any questions on the enclosed please do not hesitate to contact me. Thank
you.
(QJ;'~
Mike Whalen
Project Manager
Enc.
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September 5,2001
EFH Co.
2999 W County Road 42
Suite 206
Bumsville, MN 55306
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the September 10,
2001 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,
~~~VL---
Connie Carlson / ~
Planning Dept. Secretary
Enclosure
i.
r ~.
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
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L:\TEMPLATE\FILEINFO.DOC
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~'t{i'(D'
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: V AR 01-066: variances to building addition
setback, and driveway/parking setback
APPLICANT: EFH, co.; Guy Selinske; Metro Cabinets
CONTACT PERSON: Steve Horsman
SITE INFORMATION
PID#: 25-031-003-5
LOCATION: 5418 Cottonwood Lane
EXISTING ZONING: C-5
I DISTRIBUTE TO: 10 APPLICATION FOR:
.... Frank Boyles .... Bud Osmundson Administrative Land Division
.... Sue Walsh .... Sue McDermott Comprehensive Plan Amend.
.... Ralph Teschner Conditional Use Permit
.... Lani Leichty Home Occupation
.... Bob Hutchins Rezoning
.... Don Rye .... Doug Hartman Site Plan
.... Jane Kansier .... Fire Chief Preliminary Plat
.... Bill O'Rourke PUD
.... DNR - Pat Lynch .... Minnegasco Final Plat i
County Hwy. Dept. .... Watershed Dist. .... Variance
MNDOT .... Telephone Co. Vacation
SMDC .... Electric Co.
.... Mediacom Cable Met. Council
Date Received Date Distributed 8/23/01 Date Due 8/30/01
Complete Application Date Distributed to DRC Meeting
Date DRC
Publication Date Tentative PC Date Tentative CC
Date
60 Day Review Date Review Extension
1:\01 files\O 1 variances\O 1-066\referral.doc
Page 1
4
I have reviewed the attached proposed request [VAR 01-066] for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation:
Approval
Denial
Conditional Approval
Comments:
Signed: Date:
Please return any comments by Auaust 30. 2001 , to
Steve Horsman
City of Prior lake
16200 Eagle Creek Avenue SE
Prior lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
1:\01 files\01 variances\01-066\referral.doc
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I have reviewed the attached proposed request [V AR 01-066] for the following:
)C Water City Code Grading
j.. Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
/
Recommendation: \ / Approval
-'---
Denial
Conditional Approval
Comments:
"RoPD~ E:b ~ 1:)0, T .9 "'~ -ro 13 \ i.
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Signed:
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Date:
Please return any comments by August 30. 2001 , to
Steve Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
1:\01 files\O 1 variances\01-066\referral.doc
Page 2
I have reviewed the attached proposed request [V AR 01-066] for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation:
Approval
Denial
Conditional Approval
Comments:
~~~~~~J
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Signed:
~
Date:
81~bl
Please return any comments by August 30, 2001 . to
Steve Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
1:\01 files\O 1 variances\O 1-066\referral.doc
Page 2
I have reviewed the attached proposed request [VAR 01..066] for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control X Other TE.L~
Recommendation: A Approval
Denial
Conditional Approval
Comments;
'PAVt N& OVE..R."'rf\E. h",,"\~ J\.C:.E... ~Ntl. US\'L\,y
EP&EME.I\3'\ CJ2.ii.A-T'E'S PRal.Ll::~S I 1= ~N'I ~T\ L\T\/ NEE,~c;. To
'R'E..1>LAf..E.. LlNE".s.. o~ 118"FH"C.. E.'LIs"TINt::. LI~L$..
?ategra
TELECOM
Don Barlage
O.S,.P. Engineering & Design
4690 Colorado Street S,E.
Prier l,ks. MN 55372
Mobile: (612) e,9-5a87
Fax; (952) 226-3758
don.batlagllGintegtatalllCOtn.com
\'iWYI,integratalecom.oom
Direot Oi.l: (952) 228-7084
Signed:
\~~~~
Date:
g - Z 7 -0 1
Please return any comments by AU9Ul5t 30. 2001 , to
Steve Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
1:\0 1files\O 1 varlances\O 1-066\referral.doc
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I have reviewed the attached proposed request (V AR 01-0661 for the following:
o
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
. Policy
Septic System Gas -V Building Code
Erosion Control Other v r::,~~f?t:
Recommendation: ~ Approval
Denial
Conditional Approval
Comments:
~O~~L- :;:-~~
~/J~~JI!2IJ -=
=
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~
=
=
=
..
Signed: Date:
Please return any comments by AUQust 30. 2001 , to
Steve Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
phone: (612) 447-9854
Fax: (612) 447-4245
Page 2
1:\01 files\01 variances\01-066\referra\.doc
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HEA G
NOTICllEs
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NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
VARIANCES TO PERMIT STRUCTURE AND DRIVEWAY SETBACKS
TO THE PROPERTY LINE LESS THAN THE MINIMUM REQillRED,
AND A BUILDING WALL LENGTH TO HEIGHT RATIO GREATER
THAN THE MAXIMUM ALLOWED
FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING COMMERCIAL
BUILDING ON PROPERTY LOCATED IN THE C-5 DISTRICT (BUSINESS PARK
USE DISTRICT) IDENTIFIED AS 5418 COTTONWOOD LANE, UNITS 1 & 2,
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 10,
2001, at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: EFH Co.; Metro Cabinets Co. Inc.; Guy Selinski
5418 Cottonwood Lane SE, Units 1 & 2
Prior Lake, MN 55372
SUBJECT SITE: 5418 Cottonwood Lane SE, Units 1 & 2, Prior Lake, MN,
legally described as Units 1 & 2, CIC 1026 Cottonwood, Scott
County, Minnesota.
REQUEST: The applicant is proposing to construct a 30-foot by 120-foot
addition and expand the driveway/parking area to an existing
commercial building. The proposed addition would be setback 42.5
feet from County Rd. 21, and the driveway/parking area setback 3
feet from both side property lines. The total building wall length of
119 feet to wall height of 18 feet exceeds the allowable 4/1 ratio.
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 Zoning Ordinance and variance hardship criteria.
Prepared this 21 st day of August, 2001.
Steven Horsman
City of Prior Lake
To be mailed on/or before August 30,2001.
l
L:\O 1 files\01 variances\O 1-066\Pubnote.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Location Map
5418 Cottonwood Lane
sp...Gf(;.
?p...5
12
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2
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P.ASSAGE 2ND ADD'N
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NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
VARIANCES TO PERMIT STRUCTURE AND DRIVEWAY SETBACKS
TO THE PROPERTY LINE LESS THAN THE MINIMUM REQUIRED,
AND A BUILDING WALL LENGTH TO HEIGHT RATIO GREATER
THAN THE MAXIMUM ALLOWED
FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING COMMERCIAL
BUILDING ON PROPERTY LOCATED IN THE C-5 DISTRICT (BUSINESS PARK
USE DISTRICT) IDENTIFIED AS 5418 COTTONWOOD LANE , 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 10,
2001, at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: EFH Co.; Metro Cabinets Co. Inc.; Guy Selinski
5418 Cottonwood Lane SE, Units 1 & 2
Prior Lake, MN 55372
SUBJECT SITE: 5418 Cottonwood Lane SE, Units 1 & 2, Prior Lake, MN,
legally described as Unit 1 & 2, CIC 1026 Cottonwood, Scott
County, Minnesota.
REQUEST: The applicant is proposing to construct a 30-foot by 120-foot
addition and expand the driveway/parking area to an existing
commercial building. The proposed addition would be setback 42.5
feet from County Rd. 21, and the driveway/parking area setback 3
feet from both side property lines. The total building wall length of
119 feet to wall height of 18 feet exceeds the allowable 4/1 ratio.
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 Zoning Ordinance and variance hardship criteria.
Prepared this 21 st day of August, 2001.
Steven Horsman
City of Prior Lake
To be published in the Prior Lake American on August 25,2001.
L:\01 files\01 variances\01-066\Pubnote.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
of the City of Prior Lake, ounty of Scott, State of
Minnesota, being dul sworn, says on the. ~ day of / 2001, sh served
the attached list of ersons to ve an inte~ the .
'4- ~ D 1- 0, by mailing to them 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
.
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Location Map
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Parcel Half-8ectlon
Scott County, Minnesota
259010050
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EDWARDJMALONE
2948 PELICAN POINT CIR
MOUND MN 55364
H T PROPERTIES
5448 COTTONWOOD LN SE
PRIOR LAKE MN 55372
STAN MANDERSON
5500 COTTONWOOD LN STE 100
PRIOR LAKE MN 55372
CITY OF PRIOR LAKE
16200 EAGLE CREEK A VB
PRIOR LAKE MN 55372
ANTHONY E & ROSEMARY SHANKS
5501 STARVIEW LN
PRIOR LAKE MN 55372
MARIE SNELL
5290 CREDIT RlVERRD SE
PRIOR LAKE MN 55372
NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379
DAVID E. MOON EN
Phone: (952) 445-6246
Fax: (952) 445-0229
July 11, 2001
EFHCo. I
2999 W Co. Road 42
Burnsville, MN 55306
Attn: Nicki Whelen
To Whom it May Concern:
According to the 2001 tax records in the Scott County Treasurer's Office, the following persons
listed on Exhibit "A:' are the owners of the property which lies within 350 feet of the following
described property:
Parcell:
That part of Lot 1, Block 1, WATERFRONT PASSAGE ADDmON, Scott County, Minnesota
described as follows:
Commencing at the northeasterly comer of said Lot 1, Block 1; thence North 62 degrees 52
minutes 03 seconds West (record bearing) along the northeasterly line of said Lot 1, Block 1, a
distance of878.82 feet to the point of beginning of the land to be described; thence continuing
North 62 degrees 52 minutes 03 seconds West a distance of88.27 feet; thence South 31 degrees
36 minutes 51 seconds West a distance of259.68 feet to the southwesterly line of said Lot 1,
Block 1; thence southeasterly along said southwesterly line a distance of88.14 feet on a non-
tangential curve concave to the southwest, having a radius of 480.00 feet, a central angle of 10
degrees 31 minutes 15 seconds and a chord bearing of South 59 degrees 29 minutes 42 seconds
East to the intersection with a line drawn South 31 degrees 36 minutes 51 seconds West from the
point of beginning, thence North 31 degrees 36 minutes 51 seconds East and not tangent to said
curve a distance of264.89 feet to the point of beginning.
CONTINUED ON NEXT PAGE
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
CONTINUED FROM PREVIOUS PAGE
Parcel 2:
That part of Lot 1, Block 1, WATERFRONT PASSAGE ADDmON, Scott County, Minnesota
described as follows:
Commencing at the northeasterly comer of said Lot 1, Block 1; thence North 62 degrees 52
minutes 03 seconds West (record bearing) along the northeasterly line of said Lot 1, Block 1, a
distance of967.09 feet to the point of beginning of the land to be described; thence continuing
North 62 degrees 52 minutes 03 seconds West a distance of 106.73 feet; thence South 31 degrees
36 minutes 51 seconds West a distance of275.72 feet to the southwesterly line of said Lot 1,
Block 1; thence southeasterly along said southwesterly line a distance of 109.39 feet on a non-
tangential curve concave to the southwest, having a radius of 480.00 feet, a central angle of 13
degrees 03 minutes 29 seconds and a chord bearing of South 71 degrees 17 minutes 04 seconds
East to the intersection with a line drawn South 31 degrees 36 minutes 51 seconds West from the
point of beginning; thence North 31 degrees 36 minutes 51 seconds East and not tangent to said
curve a distance of259.68 feet to the point of beginning.
(lIf (I~
David E. Moonen
President
Scott County Abstract & Title, Inc.
<,1'1
;,,-,
SCOTT COUN1Y ABSTRACT ~
AND TITLE, INC. . " ~
llcens~~,~.~:l~~~~~r ., ~
'f'.'A,'n
~
EDWARD J MALONE
2948 PELICAN POINT CIR
MOUND MN 55364
H T PROPERTIES
5448 COTTONWOOD LN SE
PRIOR LAKE MN 55372
STAN MANDERSON
5500 COTTONWOOD LN STE 100
PRIOR LAKE MN 55372
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE
PRIOR LAKE MN 55372
ANTHONY E & ROSEMARY SHANKS
5501 STARVIEW LN
PRIOR LAKE MN 55372
MARIE SNELL
5290 CREDIT RIVER RD SE
PRIOR LAKE MN 55372
EXHIBIJ-.li: PABE.LOf ~PAGES
-......._~ _.....~. . ..... .
NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379
DAVID E. MOON EN
Phone: (952) 445-6246
Fax: (952) 445-0229
July 11, 2001
E F H Co.
2999 W Co. Road 42
Bumsville, MN 55306
Attn: Nicki Whelen
To Whom it May Concern:
According to the 2001 tax records in the Scott County Treasurer's Office, the following persons
listed on Exhibit "N' are the owners of the property which lies within 350 feet of the following
described property:
Parcell:
That part of Lot 1, Block 1, WATERFRONT PASSAGE ADDmON, Scott County, Minnesota
described as follows:
Commencing at the northeasterly comer of said Lot 1, Block 1; thence North 62 degrees 52
minutes 03 seconds West (record bearing) along the northeasterly line of said Lot 1, Block 1, a
distance of878.82 feet to the point of beginning of the land to be described; thence continuing,
North 62 degrees 52 minutes 03 seconds West a distance of88.27 feet; thence South 31 degrees
36 minutes 51 seconds West a distance of259.68 feet to the southwesterly line of said Lot 1,
Block 1; thence southeasterly along said southwesterly line a distance of88.I4 feet on a non-
tangential curve concave to the southwest, having a radius of 480.00 feet, a central angle of 10
degrees 31 minutes 15 seconds and a chord bearing of South 59 degrees 29 minutes 42 seconds
East to the intersection with a line drawn South 31 degrees 36 minutes 51 seconds West from the
point of beginning, thence North 31 degrees 36 minutes 51 seconds East and not tangent to said
curve a distance of264.89 feet to the point of beginning.
CONTINUED ON NEXT PAGE
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
CONTINUED FROM PREVIOUS PAGE
Parcel 2:
That part of Lot 1, Block 1, WATERFRONT PASSAGE ADDmON, Scott County, Minnesota
described as follows:
Commencing at the northeasterly comer of said Lot 1, Block 1; thence North 62 degrees 52
minutes 03 seconds West (record bearing) along the northeasterly line of said Lot 1, Block 1, a
distance of967.09 feet to the point of beginning of the land to be described; thence continuing
North 62 degrees 52 minutes 03 seconds West a distance of 106.73 feet; thence South 31 degrees
36 minutes 51 seconds West a distance of275.72 feet to the southwesterly line of said Lot 1,
Block 1; thence southeasterly along said southwesterly line a distance of 109.39 feet on a non-
tangential curve concave to the southwest, having a radius of 480.00 feet, a central angle of 13
degrees 03 minutes 29 seconds and a chord bearing of South 71 degrees 17 minutes 04 seconds
East to the intersection with a line drawn South 31 degrees 36 minutes 51 seconds West from the
point of beginning; thence North 31 degrees 36 minutes 51 seconds East and not tangent to said
curve a distance of259.68 feet to the point of beginning.
(}If (J~
David E. Moonen
President
Scott County Abstract & Title, Inc.
V'..,~~^M,~N-~~"..ph~.~...f!;j::/\;.;:~~l-:.j"", '.,;
;,., SCOTT COUNW ABSTRACT Ii
AND TITLE, INC. _;: ~
;l?en$:~ ,~.:~t~:~~~r- f
,,, , '-"""!\,'~::
, ..
EDWARD J MALONE
2948 PELICAN POINT CIR
MOUND MN 55364
STAN MANDERSON
5500 COTTONWOOD LN STE 100
PRIOR LAKE MN 55372
ANTHONY E & ROSEMARY SHANKS
5501 STARVIEW LN
PRIOR LAKE MN 55372
H T PROPERTIES
5448 COTTONWOOD LN SE
PRIOR LAKE MN 55372
CITY OF PRIOR LAKE
16200 EAGLE CREEK A VB
PRIOR LAKE MN 55372
MARIE SNELL
5290 CREDIT RIVER RD SE
PRIOR LAKE MN 55372
EXHI8AT-.li: PAElOf ~PAGES
~._..__."..~ ......