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Home My WebLink About97-33 RESOLUTION 97-33 A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTING A 3.48 FOOT VARIANCE TO PERMIT A 71.52 FOOT LOT WIDTH AT THE ORDINARY mGH WATER LEVEL (904 EL.) FOR TWO LOTS TO BE CREATED VIA ADMINISTRATIVE PLAT FOR GILBERT AND JOANN ANDERSON MOTION BY: Schenck SECOND BY: Kedrowski WHEREAS: Gilbert and loann Anderson have applied for a variance from Section 5-8-3 of the City Code and Zoning Ordinance in order to permit the combination of two lots for the creation of one lot in the R..l (Suburban Residential) District on the property described in the attached Exhibit A (legal description); and WHEREAS: The City Council has reviewed the application for variance as contained in Case #97-038 and held hearings thereon on May 5, 1997; and WHEREAS: The City Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan; and WHEREAS: 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; and WHEREAS 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. The unique circumstances applicable to this lot are that the properties to be combined were created in 1921, prior to the implementation of the Shore land Ordinance, over which, the applicants had no control, no can they change the existing conditions, and 16200 EagleOOail'llkc;0\W\pWlIe~\Rtl~3l::t1lt~ Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 44t7-4245 AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT A ANDERSON PARCEL 1: (PID No. 25 096 0250) That part of Lots 41 and 42, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42; thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of said Lot 41, a distance of 241.96 feet to said most northerly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection with a line drawn North 49 degrees 56 minutes 32 seconds West from the most northerly corner of Lot 40, of said plat; thence South 49 degrees 56 minutes 32 seconds East to said most northerly corner of said Lot 40; thence South 60 degrees 08 minutes 06 seconds East a distance of 255.88 feet to the most southerly corner of said Lot 42; thence northerly along the east line of said Lot 42, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30132. ANDERSON PARCEL 2: (PID No. 25 096 0260) That part of Lots 42 and 43, County, Minnesota and that part lying between said lots and the described as follows: "LAKESIDE PARK", Scott of the area in said plat shoreline of Prior Lake, Beginning at the northeasterly corner of said Lot 42j thence North 72 degrees 34 minutes 12 seconds West, assumed bearing, along a line drawn from the northeasterly corner of said Lot 42, to the most northerly corner of Lot 41, of said plat, a distance of 241.96 feet to the most northerly corner of said Lot 41j thence North 55 degrees 12 minutes 51 seconds West to the shoreline of Prior Lakej thence northeasterly along said shoreline to its intersection with a line drawn North 63 degrees 59 minutes 41 seconds West from the most northerly corner of said Lot 42j thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42j thence South 85 degrees 49 minutes 03 seconds East a distance of 240.44 feet to the northeasterly corner of said Lot 43j thence southerly along the east line of said Lot 43, to the point of beginning. As more specifically described in that Certificate of Title filed with the Registrar of Titles as Certificate No. 30133-. A\ANDERSON.GIL\4\EXHIBITB.TFM (1 v ~' ~: A' N }I ,1 1\ I I j' 1\ , \ r .-- ~;/<'~ - /":$'(7' lAND su.vnOIS I(J -lv. -,' \. \} EXHIBIT B I ---1 ___ 1 -.-- -- T .... -r ~ .-- --I ~, /, lJ'( ~,~~ \ .> ....t'l-', ~. t ---..-' - --:' ~ ,,~/:t.~ \ ~ ---- /f,.'/"I. ,~~. -',J,l,\ " ,." \ I"",' .':- -Y" . ~lt1'~'~(\," :;r.t~"~9r'_ \ M' i t.1 I,.., __~ ~. .~ <::~:'::.r.: 'f t'\., '<''''''''' ... ~~.,z; :... I N j : ~.~ /\~~~jl' ~~ I~r, II ",-, ~''';:~ ~" ""- ~...... \i" ""- ~ ,: I~ -. A-t. ',,--- (.It f~ - ->;r' :'2~'1~.,-/, )'..,~~~ / ,I _ Lot....' 4<:''''"_____ I /I' I ~ -,_ ~- ~ ~ --- , }~\( ~ --- " ~ """ '<:.\,<, '"'" ... ~ ~ it ... 'l' <:l ":'~ ~~ '.~' \.\ '::t _~.NE c...,,.....,,. ., -IL.f4-r. ~ -.: t-'I'L:J' %.'" ....:.-...... ~ , .. ...~ . ......~ "~.. C' ~-' . ~~JI"~",;, \ ""\ t- '.' \, ~d ..~~j ;{-N~ I:#,...~, -;j" o!IfL-,"43 , ~i ~! : ;~;~~~~~ 'I':~/" ~: 1- - t ~' ''': ~~ ;;., ., <10 ~ ", ~ ,:..., ,~ , I.l~ ~ ..... ~ ~ '\ , ,- 7~51 :' " .. '> ~ " .j~,,.-l "~! -, '" .~' .,. I / 0""- v , ," ~- ct.. -; ~"J..-- .....:-:"'<'" .=l:':.....'"."P-'\' .'j~- .~ -~ :r;;- 41 (~ "- \, ~ ';:>.! ~ 'j " ~ y , - ;'llrVP'1 fnr: DAHLE RROS., INe. DESCRIPTION: That part nf Lots 41 ond 42, "LAKESIDE PARK", Scott County, "Innpsota and that part of the arpa in saId plat lying bptwepn said lots and thp shorpllnp nf Prior Lake, dpscrlbpd as fnllnws: Reglnnlng at the nnrthpastprly cornpr nf said Lnt 42; thence North 72 dpgrpes 34 rnlnlJtps 12 spcnnrls Wpst. assllmpd bpartn~. alon~ a 110p rlrBwn from th~ northp~stprly eornpr nf sold ~nt 42, tn thp most northerly corner of saId Lot 41, 0 distance of 241.96 fppt to said most norherly cnrner of said Lot 41; thence North 55 dpgrpes 12 minutes 51 seconds WPst to thp Shorpllne of Prior Lake; thence southwpsterly alnng said shoreline to Its Interspctlon with a line drawn North 49 degrees 56 minutes 32 seconds West. from the most- nnrtherly corner of Lnt 40, of said plat; thpnce South 49 degrees 56 minutes 32 seconds East to said most nnrthprly cornpr of said Lot 40; thpnce South 60 degrees 08 minutes 06 seconds East 0 distance of 255.88 fpet to the most southprly cnrner of said Lot 42; thence north- prly .'ong the east line_of sald,Lot 42. to the point of beginning. Also that part of Lots 42 and 43. .LAKESIDE PARK., Scott County, Minnesota and thot part of the area In said plat lyIng bptween said lots and the shnrellne of Prior Lake, described as fnllows: Reglnnlng at. the northusterly corner of said Lot 42; t.hence North 72 degrees 34 minutes 12 seconds West, ossumed bearing, along a line drawn from the norheasterly corner nf said Lnt 42, to the most northerly corner of Lot 41, of said pla~ a distance of 241.96. feet to the most northerly corner of said Lot 41; thpnce North 55 degrees 12 minutes 51 seconds West tn the shoreline of Prior Lak.; thence north.ast.rl, along said shorelin. to its Intersection with a line drawn North 63 degrees 59 minutes 41 seconds West from the most northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the most northerly corner of said Lot 42; thence South 85 dpgrees 49 minutes 03 seconds Eost a distance of 240.44 fpet-to the northeasterly corner of said Lot 43; thpnce southerly along the eost line nf said Lot 43, to the point of beginning. I herpby cprtlfy that this obove dpscrlbpd and of the any, from nr on sold land. Ls 0 true and correct representation ~f a survey of the boundaries of the location of oIl buildings, If any, thereon ond oIl visible encroachments, Doted this !6th day of April, 1997. CARLSON & LAND land If ~W;~C': .f//7~7 by VLarry j(. Couture, Land Surveyo Hinnesnta LiCense No. 9018 WHEREAS: 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, and WHEREAS: The contents of Planning Case 97-038 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 this variance 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. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the variance for the combination of two lots to create one lot with an OHW width of 71.52 feet, rather than the required 75 feet, as identified in attached Exhibit A (legal description) and on attached Exhibit B (survey). Passed and adopted this 5th day of May, 1997. YES NO Andren X Andren Greenfield X Greenfield Kedrowski X Kedrowski Mader Absent Mader Schenck X Schenck {Seal} r: \council\resoluti\planres\rs973 3 cc.doc 2