HomeMy WebLinkAbout86-03- VarianceNorthco Inc.
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Exiting use
Pr
of sopee�edurea
of Propertys ///11} /lN`
tegal Of V arianc e ris te
variance Requested, d� OTY &32V7
�
the ppli the be previously sought ti
subject site or any
➢tat was regoesteds
when:
Describe the type of IWrovemepts prpposedt —&TG 2D Ct. - L'n'y
:
apidicatiom foes. (8OMM fee (C)Certified f9m abstract fin. names
I Of property owners within .:200 feet of the exterior boundaries of the
rty. WCOapiete 10901 deacrWan (B)Dad restrictions, if applicable.
p at 1.200' available from the City rMirmerLg Section showings
graft, utilities, lot boundaries, buildi easements and soil test data
within 300 feet. (LEA parcel amp at 1 20 shoving: MW site
d"N buildings: parking, loading, access, surface drainage, landscapLg
APRaCATEM SML W FWJE ® Sr To PLEMM CDM ISSIQi.
f ay knowledge, the irdovatiom preaentad oft . this fora is correct. In
Irammrs for variance procedures. I
adores as outlined in the ordinance
fitted this )p ft of Lf
19IS SPACE IS ID BE EW
of it?
party owners Sig
_ Imo® / 2T(O mm or swam
fBHIm D= or SmWam
Gud6 -as Firms:
Phone. &I 2
Phone:
Phone:
Phone:
e 7yre®ent
s_
nt Zoning: -� _
A�ofj�wo ,?,�pov Ssff
or
Signature of the Planning Director Date I..
V %Dd-j
T' The %ann�ng Commission mess on the
and shird Thurdsayol each monsh. All
application, muss be completed and sub
City of Prior Lake mined 10 dad on. ys prior so the meeting h will
be considere
10 Application For Variance
In formation
Applicant: I"% KT�/J /�U2 /OPM6.�i%i2
✓ v
/� Phone: =688
Address — //d 7 7 /!( TJ/ SY
»
Property Owner:
Phone:
Address: ' B
Type of Ownership: Fee Contrac
Purchase Agreement
ConsultanU tr
Conattor. Z Z &[W - A- -az "f
v-. 3 Phone: pY? -6e
Eaisting Use
�PT
Present
o(Pro cert' /d6 A
Zoning: �
Proposed Use
Parcel
of Property:
N.
Legal Description
of Variance site LoT T 43LO/',F
S- i s i ��sn
Variance
Requested: ?EQM / 3 a, 1/ 57 oAJ ZO
2
!b -ry—
Hasthe applicant previously sought to plat, rezone, obtain a variance or Conditional Use Permit on the subject skeor any pan
of it?: NGIVVftO
Whatwas requested:
When:
Oescdbethetype of improvementsproposed:
Descdbethetype of undue hardship whicheshas based upon circumstances uniqueto the property:
Submission Requiremen
WIComplesed application form. (B.)Filing Fee $50.00 (C.)CeniRed from abstract firm, names and addresses of pro-
pert owners within 100 feet of the exterior boundries of the subjM property. (D.)Complete legal description.
(E .)Deed rcsuictions, if applicable. (f-)An area map at 1". 2W available frorn the City Engineering section showing: ex-
isting topopaph, utilities, let boundries, building easements and soil test data if pertinent within 300 feet. (G.)A parcel
map at 1 "- MI' -50' showing: The site devolpnent plan, buildings: parking, loading, access, surface drainage, landscaping and
utility service.
The above items shall be submitted unless clearly not applicable and of no value in the review of this request.
Only complete applications shall be reviewed by the Board of Adjustments.
Submitted this jQ day of +e. 19
KsmsF /.p
mw rraPers Ow+mn�
If within one year from the date of graming a variance upon recommendation of the Zoning Oficer, substantial progress has
not been made to implement it's purpose, the Board of Adjustments shall declare the variance null and void.
WON
VI; i'MEE
To consider a variance from the minimum lot size requirement in R4 residential
districts from 25,000 sq. feet to 20,000 sq. feet for Lot 5 Block I Blohn's 1st
Addition.
STAFF ANALYSIS -
This variance application by Northco Inc. is to reduce the minimum lot size for
the construction of townbanes from 25,000 sq. feet to 20,000 sq. feet in R-2
residential districts. The applicant is proposing to construct 3 townhcmes on
20,000 sq, feet. The intent of the minimun lot size was to permit an individual
to construct 3 townhomes on about 18,000 - 20,000 sq. foot lots. This would
produce a square foot to unit ratio of about 2,000 sq. feet which is consistent
with other uses in the district.
This variance is being filed with a conditional use permit to permit 3 WA*Kmes.
In the R-2 district single and two family are permitted. The proposed
development will be part of the twin home development directly to the north of
the subject site. The units will be similar in size and architectural
appearance.
STRIFF •
Approve the variance request since the ordinance reflects an inconsistency
between the gross dwelling units and mininsac lot size. This section should be
amended next time there is a petition to amend the ordinance.
N0TE: A copy of the proposed development is attached.
(612) 4474230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372
0 INC
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a. I E , 'IN 51312
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*670 MANKILM TRAIL St.
MIM LAKE. ONNESOTA 1!312
TELEWONE IM21447-23>0
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%OnTHCO INC
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Valley engineering Co.. Inc.
SLATE IM-C. MAIVII.01 TAM write (DACK)AMAIR,ow
*Gn FRANKLM TRAIL S E.
MM LAKE M WWTA "372
TELEPw,hE (612)447-2510
IBRI MT -]241
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TITLE INSURANCE COMPANY OF MINNESOTA
April 4, 1986
Title Insurance Company of Minnesota does hereby certify that the following is a
list of owners within 3i0 feet of the following
described property:
Lot 1, Block 1, Blohm's let Addition, according to the plat thereof on file and
of record in the Office of the County Recorder, Scott County, Minnesota.
Charles Schmaltz and Vicki Schmaltz
Lorene Hull Van Slyke
Alexander K. Kupers
no address available
4128 Grai:wood Circle
Prior Lake, Minnesota 55372
Nary M. Hogan and Larry D. Solberg
110 1st Ave. HE Apt. 902
Thomas M. Vellani and Mary K. Vellanf
- Minneapolis, Minnesota 55413
Alexander Y. Kupers
4110 Grainwuod Circle
Edwin A. Martini and Sharon A. Martini
Prior Lake, Minnesota 55372
11400 Normandale Boulevard
Bloomington, Minnesota 55437
Alexander R. Kupers
4096 Grainwood Circle NB
James J. Dunn and Linda Dunn
Prior Lake, Minnesota 55372
15291 Edgewater Circle
Prior Lake, Minnesota 55372
Guntle Eupora f.
4080 Grainwood Circle. HE
Dolores Bloba
Prior Lake, Minnesota 55372
:.7475 Seat Terrace
Eden Prairie, Minnesota 55344
William J. Scheokel
4151'Gralawood Circle ME.
Worthen Development
Prior Late,.. Minnesota 55372 .
van e..- M%
Webster T. Jones and Jeanne. Jones
4131'Grainwood`Circle
Prior Lake. Minnesota 55372
Ben Baer
15795 Eagle Creek Ave. HE
Prior Lake, Minnesota 55372
Michael S. Boasard
4030 Grafawood -Trail ME
Prior Lake, Minnesota 55372
Ronald C. Breekner and Judith A. :Brackner
13200 Penn Ave.` So.
Donald W. Scott and Janice M. Scott
15717 Nagle Creek Ave. NS
Prior Lake. Minnesota 55372 j
1
SCOTT AND CARVER CC
112 VVEST TWO AVENUE /- .SMAKOPEE t . W
Lake, Minnesota 55372
e A. Drback
rainrood Trail
Lake, Minnesota 55372
e J. Oakley aso .. Marlene G. Oakley
rainrood Trail ME I..
Lake, Minnewta _:55372
roboda and Roxanne Svoboda
rairwood Trail i MR
Ake. Minnesota' 55372
C. Carpenter and Ruth Carpenter
... - rl.4 -- W -11 ..
J. Head and Georgia Head
!.'Need
1 Claire Trail: ME
rka.iMinnesota ;
k'56376 /18121416.8186
NFRf1Ta
TITLE INSURANCE COMPANY OF MINNESOTA
T
Donald L. Hartley and Evelyn Hartley
4065 Eau Claire Trail ME
Prior Lake, Minnesota 55372
Richard Holes
Gayle Carpenter
4091 Eau Claire Trail HE
Prior Lake, Minnesota 55372
Dated thin 4th day of April, 1986 at a a.m.
L. zm-
OCK-Band Autbotiaea sipmtory
'O.8/klo
;�Ir ylosl8�
CITY OF PRIOR LAKE
CITE OF PRIOR IM
You are hereby notified that the Prior Lake Planning Oamission will continue
discussing the Conditional Use pernit hearing for Morthoo Inc., on i0y 1, 1986
at 9:00 P.M. The hearing will take place in the qty Ommcil Chambers located
at 4629 Dakota Street S.B. Morthoo Inc., Proposes to construct 3 tomnhome units
on Lot 5, Block It Bloln's let Addition (see attached map).
In addition, Northco Inc., has also filed a variance application to deviate from
the minimum lot size for tom!>ae construction. The zoning code calls for
a minimum lot size of 25,000 sq. feet for tGenmo a construction. Northoo is
requesting a variance to 20,000 sq. feet. The variance appliatien will be
considered at 9:15 P.M. in the City Council Chambers or shortly thereafter.
Borst K. Graser
Director of Planning
(672) IpJ230 4629 DAKOTA STREET S.E. P.O. BOX 399 PRIOR LAKE, MINNESOTA 56372
e ud (0(=
CITY
OF PRIOR LAKE
MIWRW=
TO:
PI.ANH M C[*WSSICN
FRON:
HORSE GNISER
RE:
NCRTHCD DEVELCPIVV INC.- MMITIONAL USE
DATE:
APRIL 14, 1986
The applicant is proposing a 3 unit townhane on Lot 5 Block I Blohn's 1st
Addition. A copy of the lot plan is attached. NDrthco is currently developing
the remainder of Blohm's Addition with twin hones (see attached survey). Two
have been constructed with Tract C anticipating construction this year.
Blotm's Addition along with the rest of the Grainwood peninsula is zoned R-2
residential with a density of 5.5 units per acre. permitted uses include both
single family and duplexes and twin hones. The applicants proposal consists of
3 units and therefore falls under a ta.+nhane classification which requires a
conditional use permit. In addition the minimum lot size for a townhome
development is 25000 sq. feet. The subject site has 20118 sq. feet or .46
acres. If the R-2 density is multiplied by the acreage, 2.53 units or 3 units
are allowable. The applicant has filed a variance in conjunction with the
conditional use applicat ion. Rawever, there was insufficient time for proper
notification for the variance.
The developers intent iisst architectural a
construct 3 :sits in similar design d exterior
fin.ish to integrity throughout the development. The
units will face the gravel drive and are anticipated to have lakeshore access
through an association set up for that purpose. The units have been sited to
save as many of the Mature oaks towards County Road 21. Currently there is an
existing single family home and detached garage on the site. Both are terribly
dilapidated and will be removed as part of this development.
In staff's opinion the Proposal has merit and would fit in well with th
existing twin I . Under the circumstances the issue should be tabled until
proper notification of the variance is provided to the people. Staff recommends
a review of the issues and proposal but delay any action for two weeks.
( 447-4496 4629 DAKOTA STREET S.E.
P.O. BOX 359 PRIOR LAKE, MINNESOTA 66372 I
c
CITY OF PRIOR LAKE
REGULAR COUNCIL NEE1R!&
Agenda
Monday, May 12, 1986
CALL 70 ORDER 7:30 p.m.
1612) M7J230 46119 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE. MINNESOTA 56372
1.
Pledge of Allegiance
2.
Minutes of the Previous Meeting
7:35 pa 3.
Consider Request to Extend Sanitary Sewer to the Mdevakantm Sioux
Reservation
6:30 po 6.
ODntinuation of ltm Steffens Public Rearing - load Vacation and
Subdivision
(
S.
Coinsider Scott County Ordinance 69 Regarding Surface water
xt
6.
Oonsider Request for Permit to Operate •Caboose Cruise Lines•
7.
NortbOo Inc. - Conditional Use Pewit
S.
NorthOo 1W. - 2nd Addition to Lakeside Estates
9.
Discuss Rquipwnt and Supplies Wanted for Council Ibna
10.
Discuss Cancellation of ROY 27, 1'86 Council Meeting
u.
Oonsider Request from Craig's Mort for Cigarette License
12.
Other Business
a.
b .
C.
13.
Anncnosenls and Correspoudeme
a. Nest Council Meeting - Molloy, May 19, 1986 at 7:30 p.m.
b.
[
1
C.
14.
Adjournment
1612) M7J230 46119 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE. MINNESOTA 56372
CITY OF PRIOR LAKE
MINMW OF THE CITY COUNCIL
Nay 12, 1986
The Cmaon Council of the City of Prior Lake met in regular session on Monday,
May 12, 1986 at 7:30 p.m. in the City Council Chambers. Present were Mayor
Andren, Councilmembers Fitzgerald, Scott, White, City Manager McGuire, City
Engineer Anderson, City Planner Graser, Assistant City Manager /Economic
Development Director Unmacht, and City Attorney Kassel. Cowncilmember Busse was
absent.
Mayor Andren called the meeting to order and asked everyone to rise for the
pledge of allegiance.
mayer Aideen of ftmff 28, &996 veeded to be corrected an
The minutes of the My 5. 1966 meeting were reviewed by Council. City Reneger
McGuire stated that the following correction needed to be made:
Page 2, Paragraph 3 Correct spelling of 'Dietzler' should be ' Ditzler'
page 2, Paragraph 3 Correct title for Julie Ditzler is Administrator
of the Mile Health Care (enter.
Councilmmber Fitzgerald clarified his cements on page 4 regarding a decrease
in lot sizes. So that there is not a mismdersta ding, it does not refer to a
decrease in lot sizes in the City of Prior Poke but rather a 'transition zone'
for lot sizes in adjacent subdivisions.
lDTPDN WAS MADE BY PI18GIMM, SBC01M BY SO=, TO APPROVE= Knvm or THE WmAw
MAY 5, 1986 MEs` TnG AS AKOt®.
Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and Whiter Busse absent;
the motion passed unanimously.
The next item on the agenda was to consider a request to extend sanitary sewer
and water to the Mdewakanton Sioux Cammeity. Mr. Hill Block, engineer, and Mr.
Leonard Prescott, representative from the Shakopee Mdewakanton Sioux Community,
were present at the meeting and distributed copies of a preliminary engineering
report for the proposed project. City Reneger McGuire informed the Council that
he and Mayor Andren have had several meetings with representatives from the
Reservation regarding the extension. Mr. Block explained that the Sioux
(612)"7-4230 4629 DAKOTA STREET S.E. P.O. BOX 366 PRIOR LAKE. MINNESOTA 55372
MINIIPFS OF THE PRIOR LNM CITY COUNCIL
May 12, 1986
Camiunity has received the Commitment for funding of the construction of twenty
residential dwellings this year from the Department of Housing and Urban
Development but to qualify for the funds, the area needs to be severed. The
proposed project would provide sewer and water service to an undeveloped 80 acre
parcel of land and to existing buildings in the area of the Little Six Bingo
ralaoe. The project would be totally funded by the Sioux Coammity and timing is
critical for completion and funding em the project. The City would have to pay
for oversixing the pipe if a mould desire to do this to allow for future
expansion in this area. Mr. Block further explained the construction of the
pro talk j nsum�lad the te, the as sw cow of a
emdmv du:aea. for mm awe pmjeec ad
Discussion by the Cr�mcil followed concerning the effect of amending the
Comprehensive Plan, benefit to the City of Prior rake, timing of the project,
the affect of the project on the City's Blue Lake Treatment Center allocation,
and the future development of the 80 acre parcel.
Staff
area ano rurure ampnsitions. aai or
the Council for further consideration in
A three mfnete recess was then called.
alysis on amending tine 8rtadi
n conjunction with the scow :
ramifications of right Of S tc L
S. She Mdswakanton Sioux Siam
he development of that Omwmmu
n will be brought bock to
three weeks.
Mayor Andrea called the continuation of the T(m Steffens Boad Vacation public
hearing to order at 8 :39 p.m. and explained that this was continued from the
April 28, 1986 meeting. qty planner GCaser reviewed the &revs to be vacated
and reviewed the stipulations me met forth by the Council at the April 28
meeting as fallown:
1. rots 1-5, Kock 4 be 15,000 square feet and no less than 100 foot
street frontage.
She developer red os# the umber of lots to four and the aguare footage
and front footage requirements were met.
2. 60 feet easement for Futilities, walkway, bicycles with 25 foot
sideyard setbacks and the easement Could not be calculated in the lot
sixes of the adjaoent properties.
This requirement was met.
Lots 6r14, Willow Beach 4th be 12,500 square feet and no less than 100
foot street frontage.
This requirement was met.
4. Lots LS-18, Bltck 4 be 15,000 square feet and no less than 100 foot
street frontage.
These lots are now labeled tots 13-16 and the requirement was met.
MIN m OF 7HE PRIOR IARE CITY COUNCIL May 12, 1986
5. All lots on Basswood Circle have 15,000 square feet.
This requirement was met.
6. Lot 24 be no less than 15,000 square feet and determine the placement
of flee driveway.
The lot, now labeled Lot 22, is 15,000 square feet and the proposed
access is from Willow Lane.
7. Produce evidence of ownership of Block 2.
A copy of a contract for deed for this area was provided to the
Council.
City Planner Grant further stated that Lot 1, Block 1 is a substandard lot.
The developer assumed the City would acquire lot 50 of i:guadon Haack for road
eat arde also Pad r
oinpdout � a �r request t �d be made and the
request@ were noted an the preliminary plain
Mr. Greg Bolling, erginser for the developer, was present and anted.
me disc I u opsnd to the audience and o:sMs were mode. AesidwItle
from Lgusdmur Beacb Clrcle connected an the ne of Lot 50 for placement of the
Intersection of willow Lane and Pershing Street in the plat and the possible
increase in traffic to their area. The tape will be kept on file in the Office
of the City Nmnager as the official record of the public hea ring.
Council discussion that followed Lrluded whether the developer met all the
stipulation me set forth by the Council, the placement of the intersection, and
the contract for dad.
MMOR 1A S HM BY PRMOMP D, SOMMM Br SOOT$ TO CMRT 88 TBB RBLIC HRAFMG Sudre
FOR CM WEEK UM , IBM 19, 1986 AS 7:35 P.N. P.S.
(Latin
There was further disxe don by the Casicil. A meeting was set up for the
developer to meat with the residents of the Inquadon Beach Circle an Wednesday,
Nay 14, 1986 at 5:00 p.m6 to inch am agrasent on the location of the
intersection.
Upon a vote takes, ayes by Andran, Fitzgerald, Soott, and White; Runs absent;
the motion passed unanimously.
A ten minute recess was than called.
Mayor Andrea called the meeting I I to order at 11:16 p.m.
me nest its on the agenda was to consider Scott County Ordinance t9 regarding
Surface Water Management. City Meager Madre explained that this ordinance
was a combination of existing City and County ordinances and would have to be
adopted by the City in order for Matt County to enforce it on Prior lake.
3
MINUTES OF THE PRIOR LORE CITY COUNCIL !hay 12, 1986
Scott County Deputy Lyle S edahl was present at the meeting and answered
questions. Other members of the audience commented.
Discussion by the Council followed and several changes were recommended in the
ordinance.
City Manager McGuire was directed to inform the Scott County Hoard that the Soma r
Council did discuss the ordinance but a consensus was not reached. City Smfa
Attorney Vessel was directed to Contact the County Attorney to work on rewriting Wrd
ordinance. D
The nest its an the agenda was to consider a request for a permit to operate
'Caboose Cruise Lines'. qty Planner Grauer explained the request was to
operate a cruise line an Prior Lake out of the Marine Royale which currently
operates under a legal non-Conforming status and has a detailed xcning j
certificate which outlines its operations and onraitt requirsente.
Mr. Rod Stamkavicn, President of Caboose Cruise Linea Ino., informed the
Councll of the services he would provide, and the safety of his boat. He
explained that he would require as proximately twenty-five parking spaoes for
cruise passengers and boat slip cpmoe for loading and unloading.
Comments were made by the audience concerning the noise as& by cruises and
setting a time of day that the cruises would have to end.
Discussion by the tbencil followed.
Concern was expressed by Jim Dan, owner of Marine Royale, regarding the
addition of an adds dum to the easing certificate for the series.
MOTION MRS Sf FZMM AD, B8=0 W VEM 20 GM WOPMf TO hI81 C7Mp3PT 0bomw
PMOMED MW SWF CPA � A M8 IN WHICH TO BMW LICRMBQ OR AMCH Ondae
TO WE SOM S COMPTOM A PMOP78ION ALUM= ITS 00 MR A PERICD OP GNB na vm,
AND 10 on maw am TO = COan= IN CRE W®s To 08 PIIw=SD.
Upon a vote taken, ayes by Anken, Fitegerald, Scott, and whiter Buses absent;
the motion passed rcanisonely.
A three minute recess was than called.
The meeting was called back to order at 1n22 a.m.
Mr. Red Stadkoviah again addressed the Council and explained that be bad cruises
scheduled for this weekend but would not be able to operate since the issuance
of a permit was not approved. There was further discussion by the Council.
MDTIDN WAS MADE BY WHITE, SSODNCED BY SCOTT, TO ALARM A TEMPO Wn' PERMIT CaBCO88 �t
CBU= LIM TO MOM Ts Mit'JW CP FM 17 AID 18, 1986. Chbomse
upon a vote taken, ayes by A dren, Pitegerald, Scott, and white; Busse absent; GnQ
the motion passed unanimously.
n
MIN; M OF THE PRIOR iM Clay COUNCIL May 12, 1986
The next item on the agenda was to aonsider the request of Northoo Inc. for a
variance and conditional use perwit. City Planner Grazer explained that the
application is for a three -unit townhome development southwest of intersection
County Road 21 and Grainrood Trail. The Planning Commission approved the
variance and Conditional use permit an May 1, 1986 subject to nix conditions.
Representatives of Nbrthwo Inc. were available to answer questions.
Discussion by the OMMU followed.
MTIGW IBIS MW BY F179GCWA& SBCOgOSD EY EBITE, To APPROVE TEE VARIANCE AND N xthw
OLeLITN m Do P9 NN RIvooBY or 101000D m BOBJ= 70 TNB BIx O"T"m AB Combra'
AT MM W M xm1 CBOBMM , Use Rme
Upon a vote taken, ayes by hdrene Fitsgerald. Scott, and White; Susan absent;
the motion passed unanimously-
Next an the agenda tam to consider the request of Northoo Irc. for preliminary
plat approval of second Addition to lakeside Ark. City Planar Grazer W4
the Council that the request was for approval of a .95 acre subdivision
WA County VOW 21. as Manning ameciiadoo Rapp oved Me plat at the April ve nue ,
1986 meeting and recommended a waiver of the perk dedication fee.
ApraseMatives of lbrthco Ina. were available to answer questions.
Dis by the Council followed.
SECOND ADMTDOM TO LAMM WM SIBM IT IS mNSdMM WM C1TY MM AND 10
nun TIE MRMK DMQRTEAI PEE IEVW.O q&R IS DMCNTDG A LABOR ANMIW
Pat for
oP LMND TO TEE MINUC.
Ldmade
!Wk
Upon a vote taken, +yes ty A drape Fitmgeralde Bootte and White; Susan abeentl
the motion passed aaMsoodY-
The next its an the agenda man to discus squigaent and supplies wanted for
Council Rose. It was the oanwenma of the Coup it to table this item for one
week.
The Council than discussed the oneellatien of the MW 27, 1986 Council meeting.
Sawdulm
After discussion, it vas the aooaerura of the Concil to have a meeting on Nmy
Mw 27
27.
The next its an the agenda v as to consider a request from Craig's Resort for a
cigarette license. City Mmager F40dre explained that this is a reimad
license and the fee has been paid.
KaWN WAS MME BY IDQTEe SOCOMM EY SOM, TO APPROVE TEE APP.IfATgE OF
� 's
CRAM'S P.WW FOR A CIGARETTE LM Mme.
cwuvtb
Upon a vote taken, ayes by Andren, Fitzgerald. Scott, and Whiten Busse absent;
ti°°me
the motion passed unanimously.
S
MINUM OF THE PRIOR JAR MY CO)NML May 12, 1986
Councilmember Fitzgerald informed the Council of sane problem with the WuCe
construction of the Bruce Lindell home on Candy Cove Trail and variances that Iiadel
were granted by the Planning Caeisaian contingent upon the construction of a Varian
drainage pipe. Discussion W the CbuncU followed. It was the consensus of the
Council to schedule this item on the agenda for the Hey 19, 1986 meeting.
Staff was instructed to aoe:tct Hr. Lindell and ask him to delay starting
construction for am week unril the Council could review all the information.
The neat Council meeting will be NMft, Nor 19, 1906 at 7:30 p.m.
There being no further business, the meeting adjourned at 2:OO a.m. by general
awsent of the Council.
Michael A. McGloin
City Manager
Watts N. Lane
a cording snare"
CITY OF PRIOR LAKE
PLANNING COMMISSION
MENUM
MAY 1, 1986
The Nay 1, 1986 Prior Lake Planning Commission meeting was called to order by
Vice Chairman Loftus at 7:30 P.N. Present were Commissioners Wells, Roseth,
City Planner Graser and City Planning Intern Deb Garross. Commissioner Arnold
arrived at 8:15 P.N. and Omi®sn Larson arrived at 8:20 P.M.
NOTION BY WELLS TO APPROVE "M APRIL 17, 1986 MINUTES AS PRESENTED AND RE EWE ,
SEOMMED BY RCSETE. UPON A VOTE TAKEN, THE NDTlM WAS DULY PASSED.
At this time Vice Chairmen Loftus adjourned the Planning Commission meeting.
City Manager, Michael McGuire called the Economic Development OMmmittee and
Planning C®mission joint meeting to order to discuss the 'Downtown Development
Plan% Assistant City Manager/sommmic Development Committee Director, Dave
OYmacht presented for dissension elements of the plan . including downtown land
use, traffic circulation and public improvements. Mr. Ikencht also discseeed
the meetings that had taken place prior to the joint meeting of the Planning
Cr-mission and tic Development Cm mittee.
At 8:45 P.M. City Manager Micheal NoQuire closed the joint P.C. and E.D.C.
meeting.
NOTION BY AOSSES DIFACTING SSW TO PFAMN TO COUNCIL THE DOWNTOWN .LARD. USE,
TRAFFIC CLAcutATION, :Pusuc impooJEMM AND f;ElMM DOWIAOiN DEVIUMMENT
CONCEPT PLAN, MMMM BY ARHQD. Irani A VMS TARN, 4 AYE, 1 ABSTENTION
(LhRSON - HISSED 78C PABSENDS Ni, THE VOTE CARRIED..
Item II, Morthoo Developent Dena request for OW&tiaml On and Variance for
Lot 5 Block 1 Mcbm's lst Addition. Larry Ommser and Brad Rothman, developers
were present to answer questions.
Brad Rottnee eomm rted on the request for a 3 unit development to be located on
a parcel zoned for R-2 Residential use. Hr. Bodown expressed that the Proposed
development met with the required setbacks and was compatible with the
surrounding area. The developer also commnted on the clean UP effort that will
be applied to the site.
City Planner Graver oraMmted per memo dated 5 /1/86.
Fred Oakley, 4052 Grainrmood Trail, commented that he would like to see the
property value emceed 8120,000.00 dollars for the development. He also
submitted comments regarding the density of the development.
Ben Beer, 15795 Engle Creek Ave., resented as the traffic, density, clean uP,
cubing, drainage and street petitioned for public maintenance.
(912)447.4230 460 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE. MINNESOTA 56372
The Planning Commission commented on the clean up of the lot, property value,
and the possibility of changing the street to a public facility.
M07ECN BY ARNOLD TO APPROVE A CONDITIONAL USE PE ?nT AND VARIANCE FOR LOT 5
BLOCK 1 BLOHN'S 1ST ADDITION CONTIINGBU UPON:
1. THE PROMPT CLEAN UP OF THE ODMSTEMMON SITE AMID AIVACENr ODN6TW1CrION
AREA.
2. THAT THE OVERALL APPEARANCE OF THE BUILDING IS ODNEISTENF WITH THE
VALUE AMID APPEARANCE OF THE TWO EXISTING BUILDINGS.
3. THAT THE SQUARE FOOI4GE OF EACH OF THB 3 UNITS NOT DEVIATE MORE THAN
208 SMALLER FROM THE EXISTING MIId HOW IN BIOMMIS ADDITION.
4. THAT THE EXTERIOR OF 70 BUILDINGS BE CONSISTENT WITH THE EXISTING
TWIN HOMES IN BUM'S ADDITION.
S. THAT EACH UNIT HAVE A 2 CAR ATTACHED GARAGE.
6. 1O ENSURE CCY@LIANCB BOTH THE SITE AND BUILDING MANS MUST BE RBVISM
BY STAFF FOR COMPLIANCE WITH THE SUBMIT= SITE MAN AND CONTIMGENCIES.
SW0N[W Br BOOM. UPON A VOTE TAKEN, = NOTION MRS DULY PASSRO.
Item IV, Lakeshore restrictions discussion presented by Staff. City Planner
Graser commented an several concerns including:
1. Restriction of back lot access.
2. Regulation of speed on Prior take.
3. The increase of commercial ventures on Prior Lake.
4. Borse parer limitations for Prior Lake.
S. regulation of the number of docks allowed per lot on Prior take.
6. Easements an lots and dedicated lot usage.
7, regulation of the number of tack lot boats allowed (1 -10 nor).
8. Preservation of the lake.
9. Safety on the lake.
14'. Lakeshore damage fee from developers.
MOTION Or ARNOLD TO DIRECT STAFF TO SCHEDULE A PUBLIC HEARIINC TO DISCUSS TOE
CONCERNS OF PRIOR LAKE, SB(ONDED BY LARSON. UPON A VOTE TAM, THE MMTON MRS
DULY PASSE).
At this time a 3 minute recess was called.
The meeting resumed at 10:00 P.M.
Item V, OUT Properties request for Rezoning continued from April 17, 1986
meeting. Ted and Greg Schweich, developers, were present to answer questions.
Ted Schweich commented on the Rezoning and the proposal to develop a cul de sac
with 4 lots.
City Planning Intern, Deb Garross reviewed the rezoning per memo dated April 14,
1986.
At this time audience input was called for.
Andrew Franklin, 4294 Pleasant Street, Presented slides of the Conservation
District sharing an overall view of the topography, type of neighborhood,
wildlife habitat and water bodies existing in the area.
Paul Reinboldt, 1 "30 Duluth Avenue, 27 year resident of the area, expressed
concern over increased pollution and decline of fish life associated with the
creek. Be also expressed that he did not want the wetland destroyed by
construction each as the multiple wits.
Bill Bond, 163" Franklin Trail, connected that he had received notice the day
of the hearing. He felt that a buffer zone should exist between the homes and
the wetland and did not feet that elevation was a justifiable rational to to
rezone a conservation area.
John Sullivan, 16636 Anna Trail, had no objection to the rezoning but he was
concerned that the continued development of these areas could set a precedent
that would be difficult to stop in the future.
7!d Schweich, develcpert coedhbeI that the Metro sewer line runs through the
property. Since the property vas assessed, the developer contends that the
parcel is buildable. He also clarified that he is proposing 4 single family
homes not multiple fanny units.
Phoebe Clemens, 16350 Albany Ave., a 40 year resident commnted that there have
been may changes over the years that have led to the destruction of natural
beauty, wildlife habitat, flamers, etc...
Glem Mueller, 16672 Creekside Circle, coomnted that the wetland should be
preserved for the wildlife. Be felt that construction in this area would be a
poor idea.
Kathy Sorenson, 16535 Albany Ave., commented that they moved to the area because
of the natural characteristics associated with the wetlands. Sip also expressed
concern regarding the traffic flow on Albany Avenue.
Julie Sullivan, 16636 Anna Trail, commented that the construction of of multiple
family homes in the area had taken away from the natural beauty of the site and
should development continue, the area would be destroyed and she and her family
would no longer be able to enjoy it.
Ted Schweich, developer, clarified that the multi- family units the audience had
been referring to consisted of the Priorwood Development located on Five Hawks
Avenue.
Paul Reinholdt, 16430 Duluth Avenue, commented that the destruction of a natural
habitat caused by the construction of a due might be a questionable practice.
John Sullivan, 16636 Ana Trail, questioned whether it would be possible to
construct a rod and yet maintain the wetlands. He also inquired about the
directional flaw of the croak.
Shan Reinboldt Susae araenbed that do lived next to the wetland and would
hate to sea it destroyed by allowing homes to be built along it's edge.
Mrs. Gabriel Franklin, 4294 Pleasant street, was alarmed at the destruction of
natural wildlife in the wetland area and would like to see it preserved so that
it does not become another Bloomington, Richfield or Minneapolis.
Andrew Franklin, 4294 Pleasant Street, presented a petition signed by the area
residents and oamamteI that the number of signatures had increased by 100%
since the premiums bearing.
to size of Commissioners be canard, buffe concern now bet weer building and wetland, a don
for overflow. drainage, and pollution of the lake.
m=W BY Imm So am TDB$ RIMM 20 MOER THE 3.5 ACRE C-1 O0N9KR 20M
FAH to== LW OF THE WMEOC1M OF MARMY AV=1X AM CANS STREET FOR
l-1 RESIDEM& DEB. SB0ICED BY ROOM. UPON A VOTE TAM-, THE RCT O N WAS
VJLY PASSED.
mMT M BY WSBID 10 CI= THE MUC H671Rh14; TO MCM THB 3.5 ACRE C-1
CONEERV/AT10M PARR, LOCH® BART Or 20 nITERSOM20M OF ALMN AVEHHB AND MW
Sn=r FOR R-1 REHIDERML BSB. SHOWED BY MBLNS. Uol A V096 WON, THE
Myrim was DOF,Y PASSED.
Item VI, Ogr Properties request for Preliminary Plat approval of Lakeside
'states 5th Addition. Ted and Greg Schweich were present.
No ACTICH WAS TARN ON THE 1TEH DUE TO THE PREVIOUS NOTION 70 DENY THE REZ0NXNG
RE9UWr FOR To SUBJECT P1OPER4.
WTION BY ARNMD TO CLOSE THE PUBLIC HEARNC FOR PRELIMINARY PLAT APPROVAL. OF
LAKESIDE ESTATES 578 ADDITION, WOUNDED BY LCFIOS. UPON A VOTE TAKEN, THE
NNION MRS DULY PASSED.
NDfBUN BY I FTBE To ADMXM TWB NAY 1, 1986 PRIOR LAKE PLANNING ODMB'SSION
NEMM, =ENDED or AKURiD. UPON A VON TAKEN, THE MDITON WAS DULY PASSED.
ME NWI G ADIOS AT 11:65 P.N.
SURVEY PREPARED FOR
NORTHCO INC.
PO. BOX 202
PRIOR LAKE,MN. 55372
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SUITE 120 -C, FRANKLIN TRAIL OFFICE CONDOM
16670 FRANKLIN TRAIL S.E.
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612)447 -2570
(612) 447 -3241
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SUITE 120 -C, FRANKLIN TRAIL OFFICE CONDOMINIUM
16670 FRANKLIN TRAIL S -E.
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 -2570
(612) 447 -3241
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SUITE 120 -C, FRANKLIN TRAIL OFFICE CON
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PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612)447 -2570
(612) 447 -3241
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Y I!
PLANNING COMMISSION
M nwm
MAY 1, 1986
The May 1, 1986 Prior Lake Planni Commission meeting was called to order by
Vice Chairman Loftus at 7:30 P.M. Present were Commissioners Wells, Roseth,
city Plainer Grazer and City Planning Intern Deb Garross. Commissioner Arnold
arrived at 8 -.15 P.R. and Chain= Larson arrived at 8:20 P.M.
MOTION BY kU" TO APACHE WE APM 17, 1986 MRNOTFS AS PRESENTED AND REVIEWED,
SBGONOED BY %EED1. UPON A VOTE TAEEN, THE MOTION WAS DULY PASSED.
At this time Vice Chairman Loftus adjourned the Planning Commission meeting.
City Manager, Michel McGuire called the Economic Development Committee and
Planning C®ission joint meeting to order to discuss the "Downtown Development
Plan". Assistant City Manager/Smnazie Development Committee Director, Dave
Ummacht presented for disousWon elements of the plan including downtown land
use, traffic circulation and public improvements. Mr. Utma+:ht also discussed
the meetings that had taken place prior to the joint meeting �f the Planning
Commission and Economic Development Go mittee.
At 8:45 P.M. City Manager Michael McGuire closed the joint P.C. and E.D.C.
meeting.
MOTION BY ROSM DIRBCfDG SMPP TO PRESENT TO COUNCIL THE DMIN ONN LAND USE,
TTwnc mcmATIQb PUBLIC IM PROMO7ID AND ORAL DO MDONN DEVEORMIENT
COIMT PIAM, SBOORDED BY ARNOLD. UPON A VOTE UM, 4 AYE, 1 ABSTENTION
(pAPSM - MISS®ffi PRBSENIATM), THE VOTE CARRIED.
U40-II, Mortica..:'Donedopel t Ban. request for OoWtional Use and Variance for
lot "5 ffiock'I Main's let 'Addition. Marry Grrmer and Brad Rothman, developers
Were present to answer questions.
Brad Rothneme consented on the request for a 3 unit development to be located on
a parcel zoned for R-2 Residential use. Mr. Rothnem expressed that the proposed
development met with the required setbacks and was compatible with the
surrounding area. The dew.loper also commented on the clean up effort that will
be applied to the site.
City Planner Grazer commomted per memo dated 5/1/86.
Fred Oakley, 4052 Grain:ood Trail, cemented that he would fake to see the
;. property value exceed 5120,000.00 dollars for the development. He also
submitted comments regarding the density of the development.
.Ben Baer, 15795 Eagle Creek Ave., c®eMed on the traffic, density, clean up,
curbing, drainage and street petitioned for public maintenance.
(612) 4474230 4829 DAKOTA STREET S.E. P.O. BON( 359 PRIOR LAKE, MINNESOTA 56372
The Planning Consu.ssim casuented on the clean up of the lot, property value,
and the possibility of changing the street to a public facility.
NOTTOR BY AiMUD TO APPROVE A CONDITIML CM PEFWT AND VARIANCE FOR LOT 5
BIDM 1 BUM'S 18f ADDPPION 00N INGE ' UK":
(D. THE PROM" CLEAN UP OF 71LE 0]@8m TION SITE AND AwACENr CDm- TmxTION
AREA.
THAT THE WEBALL APPEMWXE CP 'THE BUILDIM IS O)MU M WITH THE
VALLZ AND APPEARRNB OF THE TAD EXISTING BUILDINGS.
�. THAT 70 SMM Man= OP EALlf OP THE 3 UNITS MW DSVIATE IDRE THAN
20e SN MJM PROM THE EXIS'MG 7M HOPM IN SLOHM'S ADDITION.
m.` THAT THE ®CI4mc)R OP THE BULwnm Be COt8I8'IIsTlr WITH THE EXISTDiG
k..� THIN HOME E IH SEDAN'S ADDITML
LrQ THAT SAM UNIT HAVE A 2 CAR MWW31M GARAGE.
(;1 TD MUM CDPlIX - NCR BDIH WE SITS AND BD WDG PLANS MST HE REVIEWED
SY smwr Ka commm Nm THE sLmmvm SITS PLAN AND OONTINGENCIES.
SEOI7 D SX M0I1M. 0 11 VM MAMI, TS KMMM IAA MLY PASSM.
It® IV, Lakeshore Restrictions discussion presented by Staff. City Planner
Graser commented on several conneems including:
1. Restriction of bock lot acwse.
2. Sagulation of speed on Prior Lake. -
3. The increase of commercial ventures on Prior Lake.
4. sorse paver limitations for Prior Lm-..
5. Regulation of the number of docks a:Iwsd per lot an Prior fake.
6. Easements an lots and dedicated lot usage.
7. Regulation of the number of back lot boats allowed (1 -10 now).
8. Preservation of the lake.
9. Safety on the lake.
10. Lakeshore damage fee free developers.
NDnW BY AFK D TO DIIROCr STHFP TD SO=ME A PDBLTC HEARING TO DISCUSS THE
CIOUMM CP PRIM LME SBMMED BY LARSML WIN A VOTE T7KEN, THE MMON WAS
DULY PASSED.
At this time a 3 min ute recsss was called.
The meeting resumed at 10:00 P.M.
Item V, CGr Properties request for Rezoning continued from April 17, 1986
meeting. Ted and Greg Schweich, developers, were present to answer questions.
Ted Schweich commented on the Rezoning and the proposal to develop a cul de sac
with 4 lots.
City Planning Intern, Deb Garross reviewed the rezoning per memo dated April 14
1986.
At this time audience input was called for.
Andrew Franklin, 4294 Pleasant Street, presented slides of the Conservation
District shoving an overall vier of the topography, type of neighborhood,
wildlife habitat and water bodies existing in the area.
Paul Beiraoldt, 16430 Duluth Average, 27 year resident of the area, expressed
concern over increased pollution and decline of fish life associated with the
creek. He also expressed that be did not want the wetland destroyed by
construction such as the multiple unite.
Bill Bond, 16394 Franklin Trail, canted that he hod received notice the day
of the hearing. He felt that a buyer sane should exist between the homes and
the wetland and did riot feel that elevation was a justifiable rational to to
rezone a conservation area.
Jots Sullivan, 16636 Anna Trail, had no objection to the rexonirg but ha was
concerned that the continued development of these areas could set a precedent
that would be difficult to atop In the future.
Ted Schweich, developer, consented that the Metro sewer line rune through the
property. Since the property was assessed, the developer contends that the
Parcel is buildable. Be also clarified that he is proposing 4 single family
homes not sultiple family units.
Phoebe Cleaemm, 16350 Albany Ave., a 40 year resident oc®ented that there have
been wry Changes over the years that have led to the destruction of natural
beauty, wildlife habitat, flowers, etc...
Glenn !!seller, 16672 Creekside Circle, caunuited that the wetland should be
Preserved for the wildlife. Be felt that cuatruction in this area would be a
poor idea.
Kathy Sorenson, 16535 Albany Ave., crnerented that they moved to the area because
of the natural characteristics associated with the wetlands. She also expressed
concern regardin the traffic flaw on Albany Avenue.
Julie Sullivan, 16636 Anna Trail, commented that the construction of of multiple
family homes in the area had taken away free the natural beauty of the site and
should developaent continue, the area would be destroyed and she and her family
would no longer be able to enjoy it.
'ltd Schweich, developer, clarified that the arlti- family units the audience had
been referring to consisted of the Priorwood Development located on Five Hawks
Avenue.
Paul Reinboldt, 16630 Duluth Avenue, cemented that the destruction of a natural
habitat CmAgW by the construction of a dm might be a questionable practice.
John Sullivan, 16636 Arse Trail, questioned whether it would be possible to
construct a rood and yet maintain the wetlands. He also inquired about the
directional flaw of the creek.
Sham Aelnboldt Busse commented that she lived next to the wetland and would
hate to see it deetroyed by allowing home to be built along it's edge.
Noe. Gabriel Franklin, 1194 Pleasant Street, wee alarmed at the destruction of
natural wildlife in the wetland arm and would like to see it preserved so that
it does not bomew another eloo•i gtcn Richfield or Minneapolis.
Andrew Franklin, 4294 Pleasant Street, presented a petition signed by the area
residents and consented that the sober of signatures And increased by 100%
since the previous hearing.
The Planning Ctadsaimers had concern over the arm to be rezoned with regard
to size of am to be rewhe 1 , buffer zone between building and wetland, a dm
for cuerflar, drainage, and pollution of the lake.
NJiTM BY LMW To ffi8 M A n I TO EOUNE ffi 3.5 A(= C -1 CO SEMMMON
PAEaL LOCI® EAST OF ffi nimmenm OP ALBANY AVENUE AND CAM STREET FOR
R-1 RESIVIONTIM US& SIMIDMD BY ROBBER. WON ,. VOTE TA03i, THE MMICN WAS
DUM PASSED.
par" BY MM io a= MM PUEUC HEM= 4D FOONE 2HE 3.5 ACRE C-1
CMMNMM PAI✓M LOCI® ENT OF THE IIIIEIIIECFION OF ALBANY AVENUE AND CATBS
S.liffi FOR R-1 NFL 'JBB. SBOONOM BY NELLS. UPON A VOTE TARBN, THE
NOTION WES rY PAS.
Item vi, •r
Estates 5th Ad&tion. Ted and Greg Schweich were present.
• ACTION WAS Y 1>N ON THE rrEN DUE -1 THE PREVIOUS NMTOH TO DENY THE ' A 1 11 r
MOUEST FOR H SUBJECT 'A• 1
NOTION BY ARNOLD TO (I TUB PUBLIC HEARING POR PRELIPUMM PEAT APPROM 47
IM ES&3TS 57H Y. S: •: YSIr-1: }I By IJWMS •1: A %0M TAIM, b 5
MOTION WAS rM PASSED.
NOTION BY IMM TO ADMUHM THE HRY 1, 19U PRIOR LAKE PLANFMIG COMMISSION
v L'i1L11:I BY AMMD. WON A VAR MM WE NOT" ME 1 11
'r:l: NMI= ADJOURNED
i�
e�;atCI3vI cVY - - :N' CO+e[Ing Wt. One (11 tbrovyh roar (t).
lnelus lur Sla:k Oce .3), e10"'a pat. ALAttion, at twatN In
6cctt Covr31, Stata of Minn- sate.
f
6l a wean. fie ounce, and Dutcher
- 'SLOP -.d a let Dolores for Sl Slab, . husband abend end sloe, contract purcheaer a,
j: - do he nth and easa the following «strleilo a(1,) o t. wt for a- :.
cove sate to apply co ts 1. uc
ly all lets eonlned 1* Slk
One
Ors 111 0f ■lo ^M'e late Addition.
L.SD USX AND EDI3DLIG rtve-
b lot shell he used except for teaidentSal paryonss. No
building shell be erected, altered, placed ac parnitted to
reoei. en any lot other than Case detached folly duelling at
to ..card two abode. ar twenty -flu. (SS) feet in Might,
whichever is the leaser, and a private garage which shell cot
_ -• .. aed two aWri.. ar fifteen (151 feet to height, wbich.aac
I* the lase. I. -
' So building shell be erected, placed or substantially altered
upon say of else above SdentIfied lots Until the banding plans,
specifications and all Incidental attschmente and outbuildings
and plat plans ahwl.g the loc.tice -of sscb buildings heave been
-- approved to writing by Delbert Molar and Delares Slohs, or their
duly designated successors. The purpose of said approval 1s to
_ establish . construction plan each lot which will benefit
and eoplenmt the other dwelling, in laid area.
DICEMING MSIS. QUALM AND SIZE.
SO dwe111ig shall be permitted on any let at a cost of less than
_- .party Thousand Douses ISto,ODe.00) based upon cost levels pre-
- .311,9 on the data thee. cwoUnce are recorded, It Ming the
-' intention and purpose of Was coareent to asaoca that all dwelling-
- shall be of a quality of vorbaa.bip sad saterl.Is .ob.teatisEly
the sax or better then that which eUn be produced on as date
_ these covenants are recorded at this nlnlsne met stated hereto
_ for the sininue, p ,,nitted dwelling at=. EM ground floor area
of the I. structure, sselaely. of roe story open porches and
gersges, shell net be less than one Thousand your hundred square
_- feet for a one story dwelling, we less than Sine [undted
Smmty -rl. pure feet for a Assill1ng of sere than one SUZY-
go building shall be lxated m of lot Mercer then thirty (10)
_ Lest to the boat lot line or ."Car then fifteen (15) feet
of any aid. lot line er .srar than thirty (30) feet to any aide
street line. So dwell" shall be erected e. ¢laced on any
.Its having a width of leas than ssverty -five (7S) feet at the
sintnu building setback lines. nor *hall any dwelling be
-,' erected or placed an any alts having an Wren less than twenty
thous.- q.C. feet. _
NDIS -LACES.
No nc.lov. Cr off.ndve trade or activity *hall ba'e.rri d on
upon any of the late 1, aid *e•dltlon. a.. .t).11 anything be
_ doe-. tkv..cn ..Cols coy be, or D. -cm.. nuisance to the n.tghbor-
bo I and no r.t -q. a..11 be k. ;t on aid pre Blau s.cept this
eausl h .... f.11i pat..
SIGNS.
Su sign of • >y kl- s %all be dlapley d to the public view on
. cry l esra pt one professional den of not care thin one
_ ail sc ot foot. a.. din of .et Wes this. five .)oar* felt
,`edvartlstnq the property for sale ee rent# or signs used by
' the builder to abaertlsa dcrlcq the construction act *alas _.'.
period
- - - -• KOH(RUW.I ABSTRACT b 110E SERIOCL ItIC.
f II-W rn:lyd Av�,vs
Era 7s1
Bhrinc - limrr:cle sa >ar -s1
Document qn. 134504
1 bibit "C"
P.a Fv 1 of 3 pages �)
LYX\ J1X]7iT.T'�1'_�X7+1').l.�i![.W' ilAX��'KR�
Tc Y: CrA3Y 6: al1CiU�'9. •
No itrcetur• oC • to �orart ararGr, to Ller, ba,Int, tent,
t_
•Sack, Aar aye, tarn, -c o. er , outbid ld inga tl.11 ba Va -1 an ley
lot at any tt,. as a re Zid,. .Lther tar -orary or prr_.cant:
An eareeat for roadway purpu.aa shall be and ]a hereby
aatihli.hed for each let 1. each block In said addition,
•ecd ing dro,a vrh rf said lot. to the tounGry llnea of aid
.Chien. All ro.abay ea dery nta eo established shall aLutt
ot.ar a:d chall cover'& ea =ron arns 76 feat In rldth
prop regain Iron t:•e' front or Northwesterly bomdary lira of
said addition to the :ear or douthea.terly boendary line thereof
and *ball penult vahltular'And vr,lking trafrlc of a private and /or
publle nature to enter upon_ .314 east rent so'ereated and to thereby
gale scow• err: entry to each and_evcry lot In saki subdivision.
' •. -._ 1,. 1
All owner a let. said addition ;he'll ezeate asa be oh'fofor the
oL aid abo
.of their eesdra rhlrh ae: lae'ye, eia!bla ' r irS
r1
m the re e lve d snc ed tasema the a ceem ary
arged
tT the rao al edx
b nood el sat ;`1eq'ud Ne aaceae'. �•(.. "'tq.
:eeur Wciag aAm:r clad Sn,edar, to pi cpeily'accocplLY_ the purpose'
for %idol said e...rmt'I. a ated.: iach' lot owner Sn'sa!d sob -
d1V!.ica •bell be hrged ap ar _-t a ual'io sui Mlcb results
fx the ditlsion of thi total cosh �aL safntenanee, and Oervfce by`
the auob.r of dots In [hi .u!Iv! - ±i dr '-w. eel tneefen,eL -a of -
a %•horny tote of the saacelatl o:i Le_�ers: ° :;;';7a_ Y i
�' Zf�GL a1tV o[ rrioe'LtL ethei •%Tide aal�nef ad •Till Beet
.o�mwtiooi by quit Cle!d N: Ka 411 hod ivdcy lLta_`est' r_•ich - ' +;i
-
Bald lot .er &hall leis -ii ra the - u1d lead eac'&_znE," the'-A
L M area covered tL.r.by to th* pce' d'adr ionic Spal- �aathority for
the purpose of ceetlig a public roe_ there'., air a edo3itlloo of
said tr... far and acceptance led It regali.i bf the pchlde. - -...:
authority a medviy 31 feet Sn width shall be,pavid concurrent
eit.1 the tran.fer of 6- =eldlp•ud, f}e'. A- tbczr»f'ahall b .•. -
ahered do equal a..er Es; by L_`• ovaersof'all'lots'in�raid V.
suldivislon. fxereaftert the roidvap' theyl Deexa J1uDlie p " "
shall be'confroled lad ttlntalual Li• tha'a Spal :auNorfttei '
and the private aasadatloa r71ch ther4tof6r eaintained and ..t -'•
eont.led said roadway shall be tara:futed. '." p_= f:• ^_• -l• "y'
.. -.
.: The •&rage aided b {dlapoa throwsS!'•' A '02I • -2.W:
"M p rovided a not `that t eel /!ti }h, !of •ErJ - aI �^^—It " �:
MIS. disposal are aaL 4v1 \a �a a,a
!o i�y'od. bpe doacklDed �:•f
i• lot •m 1ndlvfdaal :aptic .fa:1 Ai.pcsil `ry't(.a lay. b� lsijtallEd „j:,
='lf �t is de afgned, laatid od ecdaGCae Jf�n i'fe''LoLdloSi'vSgi tAa
. rr=r:trer.anta, ato-- darda'i:.d i
aa'ccxa d I'a [q_the'C�ty 'b!'.pr7dr
r Lks. 'Approval of a_ch'syitr3 - ak, lbdb llid s. all 6a Njsiajd •'.
1 a. r .,, __ .
4a suc. a.th.rlly. _s4 T!la c :_/ fit••fi �j -- ='� _a1.
S}:caa ecv ec sate ca to'run i the laaj n::d ahi�lb6 bl ^.d!rq pi'
mall pertlee and .21 p:ce:nf eial. -lsj a:!a_ for a F of "
tu. .ty -CAa IS]) y: vra (a- ".- e L' "'i lrn /nr a all
3t , a, la •
`n tc- a [Seas ll•• ute te- y_jra eo'. -:n
re ln.Itr,- ak a!y. - .ci t• thd"r ritf of LM L`.an
r to ra �:. L:ea xe rcrd ed agraila r ?•>'] c!d <O
4 rive or 1. pant; t•. `.Jett to L�ty of 1 ;�cr L: \a av atln7 o: a _ }'. ;
e
NOHLRIISC;{ ABSTRACT S TITLE SE vv. IBC.
112 W, d,d A, eft.
N. 251
6na4 q..a, Idlnc ,;' 1 5'JI: a "i 1
` 'YYY.RB J()XYY. \ \ \F2<KdA
i
Q forcc shill bo by pre tedlny at Iry or in e wlnat ill
a-y p,r..n or per,c s vlol.ttn.i or ette rile!nq to vl outs any !
eov,c,nt, either to violation er So recover do -ages, 'fiI
ST V1 vii M IY. _ +
In.alW +t len or cry or.e of U,a c r.v,nts by �u�9: +nt or
court oiler ...,11 in no visa @:feet any of the other provisions
rhI ch @hall no-�in In full fort. ¢d effect. .1
Litt STO K AND MULTn Y.
W anlr.a L, livestock or poultry of any kind almll be rela od 1 - , ry1''_•
bred or k, ,t on any lot ...,pt that d s, exist or other
household to my Da kept provided flat Nay an rot kepty k` a '
pa �.
bred or win to lned for any comer el al purpose. ",,, .) •' ..,re �,.�,'( °•
IN TESTIMCNY M't_'R[Dr, the said M.<bel C. Ain bee +� !... r• ✓ 1
9 9. a @!ogle .. n� .'t.•
weaan, use D the ohs and Delores tlohe bend , iee an
the-- d
Dave caused se prcarn¢a to be axrcuttd this
to
F]kESENCE Dr.
M s• x n �'� — , ' ,ate }�; + +•'�
�ceraet`oKC "°` `ai•'
De orl ea IIoSi�— t� y �f1
STATE W RKHNESMA - - ! va :x a j lti•
t
_ !wary or
Oo 6Dis 1wR day of - �.. @ 1 }7+f, before may *& -'. -C_
Fota Publle vfUln and aCd Fom Gy, perronally a ppeated
Me e rryy bcl S_ Flingbery, a single wwe, U m Imwn to be one of 7 "C
the persona d ... elbed CD and wbo @:eluted the foreyo ing'le�tro- .�C,
ant end acknowledged that she ezeeuted t 9.0 as Der fro ?'C.o
act and deed.
a t i
5
r. .:
RUM IL Us e a t
N. Sit
t _ h4 R MU WsM1, / iJ:
STATE M MIa'NESfYLA .
I �. st5 a• y a.y..Arr ra, yal 1y J l�
`
CWNT.T or -
6a Uls Ie day of 1973, me a r ! _.i •,
Rotary Public Bain and Tr • aunty, personally appeared
' Delbert Dleh. and Delete- Bich, bmband and rife to and
to be Cie rsans der_rlbed in and who executed the forego Cr.� -.•.�
inst,'.t And ack..Io!ged abet they executed the u=a . .:•YJj .y �f ::
Lheir free act and deed. f - '�lt''r.['IRj
d �! 1
� ->_— z e r
,7
7 � 9 �7 31 03 ir t 1 \ruts%
• lC, i
-' ]l Lai i h.t.'� L ' "f -r tilt 1.af•(` <
N0H:1,U %:1 A55IR!,T & tULr .
e':A'cS:xzA xA�AtizxaA�i xx.'t16::A'�xxxf 'k
))•:'C (D PF 5]a: taT_ CO`- L'IC -S
0."t :Ci7 e_•S:PICtlli Lots One 11) through '
tou, 141 Ice La+!o<. Sicc: 0 ^e 111, etc! -ms's L•e adllel °n. situ,te]
to Stove C.,ty. SLts
0<lo re+ Sloan, • si n4ie Ge non, fez o.nar. .nd Oatl Scuatc and
Po asnne Pa Srctoda, hunt+ -d and ,. if.. the wove being the avnacs
of tae entire lntr rest of alo`_v'a Sae add.ltlon. do hate 9
an ad
ttoaa etc Lin Peateictiva C oveaaaea,. dated January 73.
[Sled 3e nun c/ 70, Oft' " t sub., 114504. as theyy -FPIY
to all lots eonta:ne! In Shock One (11 of 6lonaos Lt Add
lt ion.
TY PE
S O ESE a]:D 90ILDI':n
lS
4 all ptuoerty lace cad vItaln said alohm'. hat Planning and tonin ®eS
re rr ltced In acco rd once ,.lt•', Prior L.
Plannln and g .?
Ordinances a- = epded. except that the bulldlny site lying
teedlatety adjacent to We four (4) only shell have C single _ .`
Coolly dve111eg Placed m..... for Torga 171. P
acutae [ly IS feet thereof and all of lots One !11 and Tam (I) ray
be -ubd hided Seto not vote than•four seMr`te
d fro. tau One ills Threat (])
•The iota av`dlvl da
shall be rescrlcted to residential building* vlth 10 9reater
da:attY than t.o tsn"y eoereeted sits per, lot .
so noxious nr oL•enaive soda or settvity �ih1II be Cattle on . be
Upon any of the loco in said addition. nos shall {n th' / nel9hbar- `
done thereon vhtch may be, or becace • nulaanu to.
held. and no en!rals *hail be kept en acid prsolaee v axeapt,Ne,
Usua household pest. cl: `te r'`' •+' '
SMIS
9 sign of any kind {hall be dt- PIsYed to the pub"C vie'+ On aY
lot except one professional sign of net rare than one square ry °art
one s i gn - of con ! ive to advertise
.
for sale or re. -.t or s . 3 -
-h< cecatrueUon and sale. period_
.C?OPARY STPSCOp1s j
f a ce ,norar. Character, trailer, baseeent* tent&
acrvcc uce o ..
+hack, gs race. =ao, oc ocher outbutidinga {ball be ec aenent�
loo at a ilea as a ce a17<nce eic]ec temporary or p
dr. e ... rOAr for road'aap purposes aball be and Is hereby -Itab liahed
!tr earl a to each bYek In said aCdttlen. ateading [tom eSch
of ac _ors to them
he Eo d..y lines of said addition. All roaC+.ay
ease -enL So eatatli ah.d shalt 'hurt upon each other and ahall 1
Deer a err_ — area S: feet in ,.Ld_eh progreaatrl from the front or
^cc c`. -e-oe sly to d+r: line o! said addition to the rear or South -
ea+:rrL_ L•.un der- line c::e:eo! and . %all Fer^1t vehicular and
_rs••i� oe • prr'a:e s -Ste[ s_'-1 lr lnaaccesaoaedteverroco
eat`. an1 eve -, ict - _c - sat!
.. ,...r -
a =
a -.1 e: -ate un a +aocl rlon of
il t -era o! la:a lr. -'_ ad'::' =n a r -_e -+ _ as a__ -r.: ::. Y-a :1 be re a;ouitte
for the 1'
a eas<cane a ^d -Sall be ctac d
t eir - tee anC the neca... ry
vlia the
:<r o. :al t`.`_e `.•c;
C . a-_. r °Fe rly acrurcl' the purpeae
tea at!ain3 :. :en ne e!ed_ !n tree[ to P •ach lot tuner In said
for . %Leh --id eu -: -en: to ere ana S. vhlch reaulb
ra fi :'Liar s:+ll be c -iri -! an a -x' aquae to • fun
a
far Ue d ":is =t' of e:e rLl co -c 0! e colle e ction a`i_ceo't
Tna icj l �f a^lr .v t
_ od In's lr. c`•r r =d' "{shoo- collection, ion. D, 5
ler r _era Fer +_r. L- t`e_eto {`all to d <cldKpy11�J_LlP ��eorlY \a 5•+)g'0'
-t f r:e {.`mash{ tl^.a'.- <-_era. tl r.e
•.b ibis .•U•. p5R I �,j[f. :,) 1 515. \ES:ix
Porumr M Sn. ]79 LCgS9lkY'- CUS!i�Y
p�d:P: 1 of 2
It eta Ci-Y of vrlor I'll cr ot..r vJILC aacT..rj stall e!a a - W
a rc r5tlal • G'.:Dtle and a ":.e .-I anmra sa ld a`,. d- rerlt<J 100
U < ul lot c= rr In co- aldar.tlnn of the ro.caat la .
a9r <' -. Da a <!n cx. :.l ^cd slat! trmaSr r. a "TCUt ct_G.,.na
lot
DY 011t a Ct il ° +a In < - aa11 d e L 1 aaaJo t.` < ^.!da:Cs ro'.rral
at i.i p. t
,
to Gr•_ .: _-- �lcl_LL setter leY for eke p.. or
cz<r:1n1 a G'a 5l lc ra .d v. < :-•� as a r_rd!tic� c1 uI3 erx -.f!-r
- ,z. a -! if r<;+t:<! DY eta ;,bit. ♦a :`_xrl cY, a r:a!•rY
12 •1.cc<Sn V !a ,`.ell Lc Fa'e! cc-.vur rent elcl tie tr.nafar o[
`.!p • -' t`.. c: at c`.< a-.a[l to 1 In el:al a-aun:a by
c`.e c•-era o[ . lot. lr, said av`d lvlalca. T: <: :weer. Ne rea_ +aY•
ha'.:nl L <.c. s pu52te, a.'.atl to eC,,oklrl a. -o minea 3cel by tl:a ,
owI <lpet ant torlt Las .,.d C. Prt.ate agar: -.tlon a11cLr a`. <reto [ors
t.le: r!ee3 and evne :olLed ..!d :..d .Y
....It be teolnat +d.
... a." -re dlapc+a[ ,hall De governed and strolled DY Prior a .
_
O<dlr. e.xea as ehsy apply
TE?MS
Tice co.evc:a a<e e tc a rm a �iCr t .,h" r <rlodne[ g an a I ` 1 •
pacelm act all p e date p
weney -five (251 years hea eta Neae vae
eeanU 1to31 Da
autmae lc?13Y er_endeG for aweesalva period, oC Wiyeara onleaa
ar. lnat r;�- <r.t +3. . <d by rr b a %. u J.rItj of theNan wnera o[ Na
lots Dea Lees re e<o to Clt9 of io
Prior Lake az!,tin9 ordln nea vtole
or In part. sxol • .
la wq;' - S ?.M. The parties hereto be" enter 4 Into Nia afire a_e. t_
day of AIR" -� 1960 'r . ,. .
on Nla _�(� -_ Y
cosec - a _
h�
- 3ozsr :e :za s♦oiod'% '
3 tab
s -a.TE 03 T•SC:f5a � -
eot�Ty or Seem 1
^� de I r 1990. Nfoie rte.
an aaa < !a_: of rf.` e: acne llY appear
a ed
Fc 0. his : •._pia aaJ foe ut ouncy. p
oe'reef 31cb, a acrile , peram, r..3 Wtl Swot Sccteda and W1zaMe
Le Svetcda, Laa =acd anc vtfe� to is krcvn to J. person vho
des,: tied tc, r..d v.:o es<rnta_ the face SOl.. to erne :.t.
ache <ted5e t`at t`ey aetote •�� a as their f'ee act and deed.
IY G_Ya
_ p • iel. }'
7
�.
.. u a n a- +ran .
w _" r•
ea nf]_e Lira �r
t r:j
KQHLRUSW AB a
6 AIM- WAU
Dos 151
Spatopao. Mlnnecob 55119 -0251
.C.
Dux ? :1; %7i \7� \lt \` \?YC \�.•.Cl \ \X ^ \\ X1XX
it tla l(^Iq R +P ^'S (NT l) I"]_.tl• Yr ril'. f] 71 (In's 1_Tn C. I ! )
.PU:!p u:nly t•[ Nv ai�I rlrg to * On. (1) tAro 15 r
Io (4) IncLUb -
J raralcT t,[ (c'.r.. rSS r .rh! Wt ra. (Il pla.1 0`. ft). t t,r.•a la '
Y ,..J I... t,4 J. Sn I.. Y. b..•t.+J a,J .141 t,N.l C. Sh C••Y
J [.y .. 1.1 S`i.. Y, a.,t...l J .It., .uJ 1.11 S. S. S. ,.I b. .. t,.
-I(. [h. . b.,�, Ih. . of Ih. •L ' In,
of 11:!a 1. ♦_arlc J, S... S, - .J ilea .rein [. rtctl• to . Sa
d,1.1 s,.. ctv Je. li'J aM tile! 9_,, 9, IPnp ae 0.:.v n: II,. V5J11 to
1_e rot teal •y a.nvn
4.J list L P T4P.
All P°rs•rrY I "IttJ .Rhin ee1A 310h..'. tat Addition aAdl D. . trIc I.4 In
•ICs Irl,r Late fLrn old }arty OrJ than.• • = J.d. Wu
1,2'5 .•J l (. ryl to the ♦oue nest} }) !ee, .haC.aq • W11,nc.d In
JauJ Jan.." }a. 1971. art (tlad J.nmq 30. lea) ,a
Vol _-.nl . -t., UAY , uy n t be subdivided. tot* 1,1,3 and ! (.s<ept lie,
ah. .-S-1, b 4.t che...I) . • to Mv.'th+ 4llo.ing ie•trlct 4n'i pLud'
.J tan 1„ s.11 haw. r. th.n'or. 9ulld tn� l[h 1 u d[ i'
D.) bCA hdl mit rL.:nud I., (a ,hove `shalt i to-. yf 2.a0p
.,.are feet of finished Itv[n a fires (uc1.dtp .h.�g.r.ya) and':n'
ddltl.-I A00 ee,. r. f [ of tl Ina ht y } tD
[ A build r, .b.11 ha r d Ids j d II'hi
1 ..t 195.9tU.ro
[.tea do, waa ..I. eof....F.d 1. (.1 .Di .h 11 I. C,
` .c Md aaiq�f'_ ?` -•
e.) ne lallding o. tat ] (F.2apa Eor thi':euln.rry yf i:r, thereof) .halt
be pl.t.d .. n . Set 2 .ad .. f...... true tot a s! u
polbl..Due shalt
In any c . be .t I ... t a (.at, (,a. tot (6). , . • ". - 'M1•., ; ',•
or
L Y
J ;3 1 (. at
0a�m of ts[ .. ■ ...4o Addition . AM1r" :euiherl2 7] of tat ten.
f37 will be .imps Gm any of ibe coati /acurr.A in e.. ..sting'tha r9+a
rderarced In the p.uar.pb tietad ^b.ewen[. ^.p tbi' ^handed bitrtet (ea'
Ceveeaeu• dated leweteer b,1980. 11t its. ee.0 iAa{ 41 Mrvi'bZ t�i mniis
eF tsu i,}p feugt the .etMet! yf fee the reef �).'ind ).'� id.d .A b�'� " -""
A. nurvcted ea the rnlxnu n desr/bed .nJ nbeancld( l: iD. last, at11. -
Cow-r. Mead l.ao.p 25,1971, anal Feted a ouiw.,ct 11 134500 fiat._. v' -•
dad will M ee.p:eud by NowoLer 1. 1981 end .ttI be rua
<.n.t 4 to - .,ac6 ::- ;•� ?.
r [D•[ the City At Prier take or Othe, 'AtlC . ..... I.C."kb' l,
�: '.
eat,eu.e . publ lc road o and ..,as. ib.h •n
t u. all ethei'CFaui.. of
AM....aarph ry -.Ir unchanged (roe that. _In the " A. ad .a le•t AI,twd fawenaa. ".
dated N ... mer }b.19an" Sc
TERNS I
Us.. r.-..l.. a to Fan with iE. lead anal • .h.tt - b. btdlna a 11
ell ....... el. Ialn a under chew to, .parted of twtoty -flv. ( 21) years lean the _s'
doe of thre c ranee anal .Rill be .w[On.ltcslly ..[ended Ear .0 dale partod
of l.n yr. antes. : to *[rune at signed by the o.Jority of the then owner of
one l.[. he. D..,, r .mad .aretad to Charlie said covenants In whole at In pert..
..eject [e the City of Paler Latta
IN 917..[5lyylt fM parttu hera[e have entered I,o this sgrete nt o
AM1i. 2 C a.3 of North. tve3. A1 .- _ .. T e• /� ,•-. +
STtTE Of +:]Kmu y
)... .. -..t..
M%zy 07_,_a 7 a..• V era o e w -•
C. his -e'_ d.t e[ .ch. 1981, briar, .e, . bury Petti<.114JC -`:1 foe 1
.die Caur�y. per -ZI. ...... rd 91-ld J. lhl.•k end Fat,lcl._,l. tAlrk..b.land .
,rd wife. 0•al.1 C. SAI - -Y .rJ 9.1 N..be1 Shl-a. bueh.nd and 0., And I•nl.l.
S.abad. old 1,•we 1. 5-bud'. Au.11 -j and wit.. Ca .e br,.n_jp_Dc - f +rr_ +ra rba.+.
d•.rlib.4 ihbeln .N Me mJ the foe •po lne Inr rmm[...j
,be, tAq e.•tvt.J *a , .. that, Ec•a e<[ ad ,]y // - :`• �J��.•
Nat). 2 '.< f.Y„t�y�(v ?za(v�..Q3.tJ { /__
J"jiGiliQlr3CF/A95iaPCT 8 TIiIE SERVICE. Id6
112.W net y,d Aecn9n
hoe 151
6Mlcpcn. Allmx ctn 111; cal
II,Lihit a E n
l.,nt No. 19 +711
rage 1 of 1 page
f.Kxw_\!:.Yx\ \Ox.
TIM I- eec9
--i ISSUED THROUGH THE OFFICE, OF
ALTA COMMITMENT - 1970 Rev.
Appl.rauon No S-8963
SCHEDULE A
1. Effecare Date: November 16, 1984 at 8:00 a.m.
2. Policy or Polirin lobe imred: aNaepaa, su :ir. e.oa ants J
"ALTA" OWNERS POUC'r Form 81970:
- Amended 1817.70 S
Proposed Insured:
- ALTA - LOAN POLICY 1970 Rear. S 100,000.00
Proposed insured: THE LOMAS 6 NETTLETON CO., and /or its assigns
3. The em ate or interest in the laud dcscn Aar refereed to in "Commitment and covered herein Is a fee simple, and title
thereto b at the affeetim date bractmaid m:
NORTHCO DE7ELOPMENT, INC. (A Moll more corporation)
4. The land referred to in this Cor v&MCM Y d",dbW se f4gem,.
- - - - SEE ®IBIT "A" ATTACHED - - - -
ABSTRACT PROPERTY
Fr.: a ?]rte ]
Is addition m the Ommilld EMOPU m aN COMMI r mad StipWNlwm recited on the face of this Commitment and the
Conditions and Stipulations and Exclaimer; floc Coverage Y th Coteowty's usual form of policy, the land smelled to h, r
of the effecthe date heed, rhjM to the fslloseeg:
1. Special assessments and special tares, if any.
NOTE: Special assessment search to follow under separate cover.
2. Real estate tares for 1984 and prior years paid in full.
NOTE: Final Policy will reflect oar Parcel Number for subject premises.
3. Mortgage, dated October 26, 1984 and filed October 31, 1984 as Document No. 205825,
made by Northers Development, Inc. to Prior Lake State Bank, to secure $100,000.00.
4. Utility easement as shown on the Plat of Blob='s 1st Addition.
(As to that portion of premises described as easement for common area access)
5. By Decree of Distribution in the Estate of Delbert Blohm, deceased, dated August 28,
1979 filed October 16. 1979 as Document No. 172464, Sherry Traetow acquired an
undivided 219 interest in premises. By Quit Claim Deed dated November 9, 1979
filed November 13, 1979 as Document No. 173015 she conveys her Interest in premises
with the recital Sherry L. Blohm, formerly Sherry Trier", a single person. Proof
of JcatL of I spouse or diver,, oust he recorded. If said zp is drecaced a
death certificate .dad affidavit must be recorded. If ssid parties were divorced
a certified copy of tire divorce decree -should be submitted for examination prior
to closing.
6. Restrictive Cere•nants, dated January 25, 1973 and filed January 30, 1973 as Document
No. 134504, which contains no forfeiture provision.
See Exhibit "C" attached hereto.
Amended Restrictive Covenants dated November 26, 1980 and filed December 9. 1980
as Document No. 179052, which contains no forfeiture provision.
See Exhibit "D" attached hereto.
Sec pace 2 - - -
Page 1 of 2 pages
Page 2 of Commitment No, S -8857
Continuation of No. 6:
Restrictive Covenants and Amended Covenants dated March 28, 1983 a.'.d filed July
25 1983 as Document No. 194711, which contains no forfeiture provision.
See Exhibit "E" attached hereto.
7. Restrictive Covenants and Amended Covenants dated March 28, 1983 and filed July 25,
1983 as Document No. 194711 were not executed by the record owner of Lots 1, 2 and
5, Bloc4 1, Blobs's let Addition Dolores vlohm not by ROS Investors, a partnership,
the assignee of the vendee's interest of t, cord of Contract for Deed recorded as
Document No. 184016. The Restrictions (Document No. 194711) also lack the consent
of the mortgagees of Lot 4,Block 1, Blobs'• let Addition, First Wisconsin Trust
Company (1st Mortgage Assignee, Document No's 190905 and 192212), First National
Bank of P- rnsville (second Mortgage Document No. 192161).
8. Premises in question are responsible for the construction and maintenance of a
roadway easement over the premises described herein as easement for common area
access ass member of an association created of all owners of lots in said addition.
The collection, time of payment and other matters pertaining thereto shall be
decided by majority vote of the association members.
See Exhibits "C ", 'b" and "E" hereto attached.
The following is not a part of Schedule B but a special guarantee to be included
in the mortgagee's policy to be issued on premises.
NOTE: The company guarantees the party insured herein against all loss or dames.
not exceeding the amount of this policy, that may be suffered by reason of the
entry of any final judgment or decree by a court of competent jurisdiction denying
the right to maintain the buildings as now located on the premises covered by this
policy, because of any violation of restrictions recorded as Document Nos.134504,
179052 and 194711.
0
9. Rights of the State and Public in and to that part of the premises lying below
the natural highvater mark of Prior Lake.
(As to that part of the premises described as easement for common area) .
10. The promises in question constitute a 'twin' or 'double' home with a common wall
between two (2) units. No party wall agreement has been filed.
NOTE: The party wall agreement should be filed before closing and upon such
filing this exception will be deleted. Also if the common area described herein
is to be conveyed to a non- profit corporation for upkeep, etc. this Commitment
should be re- submitted for further requirements.
NOTE: Title in LARRY R. GENSMER and KATNLINE M. GENSMER to be established of record.
Page 2 of 2 Pages
SURVEY PREPARED FOR
SYNDICATED PROPERTIES
PO 80% 202
PRIOR LAKE, MN 55372
Valley Engineering Co., Inc.
SUITE 204, WATERS EDGE OFFICE PLAZA
PRIOR LAKE MINNESOTA 55372
TELEPHONE (612) 447 -2570
(612) 447 -3241
14
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EL 902 45
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PRIOR � b TRACT A
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EL E_ Ji
Bt16 /8 4 .`5
TRACT B
� 174§0 a
M 16'W
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E_ 9 4
.� I m'.e the So Rn'''egg " "5•�'''jjj��{''''''-R.
S.
0 30 60
SCALE IN FEET
• Denotes iron monument fond.
O Donates imn monument set.
[X (CWPfT@I TP.YT A:
That part of Lots 2 and 3, Aloe; 1, AIAIfl•S LAl' ADQI'CI<rd, s'mtt County, Ptinnesc ta, lying w Corner of W7 ' n ldng at the 506 targential curve concave O to a a n:outheast, havirl a cl3Md;� l; thence wuCmi,sterl•T along
con u of 450.14 £set .t central
a Chord ds bearing
Wet of South 32 f 170 f 50 minutes, T1 to the 'hest, a chord for of 184.0
09 seconds Wes[ a distance of 170 fleet more or less to Nc .shomlire of onion and
And lyirng northerlY of the following described lire:
Gom•'n^ - :g at the nest northerl corner of said Lot 3, Bloc 1; thence southeastcrl•; alon
arc length of 16.89 feet to the most easterly corner of said Lot 3n thence sou terl, rly
arc length of 204.35 feet to the point of beginning of the lien to to ? , ribe;l; then¢ ?
a dista[ce of 1% feet more or less to the shoreline of Prior Lake, and them ter?niwtim,
for the purpose of this description, the south line of said T,t 3, was assu'md to haw a be
%dent, and all others are relative thereto.
Subject to an easrment for driveway purposes over that part of the above described property
A ore- excltSIW easement for driveway purposes ovCr that part of Lot 3, Alock 1, BI.QIf?'S LST
follows:
A strip of lard 16.67 feet in width the easterly line of whirl: is descrilx:d as follows:
Com ncim at the most northerly corner of said Lot 3, 91ccF; 17
thence e.d asterl
as y al
distance of 16.89 feet to the =6t easterly corner of said Lot 3, the point of beginning
along the easterly lire of said Lot 3, an arc length of 233.47 feet an d them termiwtS T.
13MCRIPTfM TRACT 13:
That 'Hart of lot 3, Bloch 1, BlaDVS IM AMTTI0% Scott Count, re
, .. +'inso,s, lyirrl :north of a
rrtherly of the south lire M said Lot 3, Block 1, and lyinn south of the following dcsori
Pmetcirg at the re c; rest motherly corner of said Tot 3, Block 1. th,,,c southeasterly along
length of 16.89 feet to tie most easterly corner of said Iot 3; thence southwestcrl• along
:t
of 204.35 feet to the poiu of begimi q of the lire to be described; th
190 feet nor, or less to the shoreline of Prior lake, and there termiw e::rn `forth 96 deg.
ting.
For the pnupuse of this description, the souU: line of said Lot 3, was assumed to have a beaz'
- iMtes, 09 seconds most and all others are relative thereto
ms
Together with a nor clmiee easeuent for driveway purlos,s over that part of Tot 3, Block 1;
County, Minrewta described as follows;
A strip of lard 16.67 feet in width the easterly line of xh; cn is described os follme
Caanenring at the soot northerly corner of said hot 3 Block 1; thence southeastorl; ale._
said Lot 3, a distance of 16.89 feet to the most easterly corner of said T.ot 3, the mint
�� re tr n cr 9• rbed: thence southwesterly along the easterly line of said Tot 3, an arc length
o.
r P o
/ �
J
J N
1 ��aa
4
O�
1
That part of Lots 2 and 3, Aloe; 1, AIAIfl•S LAl' ADQI'CI<rd, s'mtt County, Ptinnesc ta, lying w Corner of W7 ' n ldng at the 506 targential curve concave O to a a n:outheast, havirl a cl3Md;� l; thence wuCmi,sterl•T along
con u of 450.14 £set .t central
a Chord ds bearing
Wet of South 32 f 170 f 50 minutes, T1 to the 'hest, a chord for of 184.0
09 seconds Wes[ a distance of 170 fleet more or less to Nc .shomlire of onion and
And lyirng northerlY of the following described lire:
Gom•'n^ - :g at the nest northerl corner of said Lot 3, Bloc 1; thence southeastcrl•; alon
arc length of 16.89 feet to the most easterly corner of said Lot 3n thence sou terl, rly
arc length of 204.35 feet to the point of beginning of the lien to to ? , ribe;l; then¢ ?
a dista[ce of 1% feet more or less to the shoreline of Prior Lake, and them ter?niwtim,
for the purpose of this description, the south line of said T,t 3, was assu'md to haw a be
%dent, and all others are relative thereto.
Subject to an easrment for driveway purposes over that part of the above described property
A ore- excltSIW easement for driveway purposes ovCr that part of Lot 3, Alock 1, BI.QIf?'S LST
follows:
A strip of lard 16.67 feet in width the easterly line of whirl: is descrilx:d as follows:
Com ncim at the most northerly corner of said Lot 3, 91ccF; 17
thence e.d asterl
as y al
distance of 16.89 feet to the =6t easterly corner of said Lot 3, the point of beginning
along the easterly lire of said Lot 3, an arc length of 233.47 feet an d them termiwtS T.
13MCRIPTfM TRACT 13:
That 'Hart of lot 3, Bloch 1, BlaDVS IM AMTTI0% Scott Count, re
, .. +'inso,s, lyirrl :north of a
rrtherly of the south lire M said Lot 3, Block 1, and lyinn south of the following dcsori
Pmetcirg at the re c; rest motherly corner of said Tot 3, Block 1. th,,,c southeasterly along
length of 16.89 feet to tie most easterly corner of said Iot 3; thence southwestcrl• along
:t
of 204.35 feet to the poiu of begimi q of the lire to be described; th
190 feet nor, or less to the shoreline of Prior lake, and there termiw e::rn `forth 96 deg.
ting.
For the pnupuse of this description, the souU: line of said Lot 3, was assumed to have a beaz'
- iMtes, 09 seconds most and all others are relative thereto
ms
Together with a nor clmiee easeuent for driveway purlos,s over that part of Tot 3, Block 1;
County, Minrewta described as follows;
A strip of lard 16.67 feet in width the easterly line of xh; cn is described os follme
Caanenring at the soot northerly corner of said hot 3 Block 1; thence southeastorl; ale._
said Lot 3, a distance of 16.89 feet to the most easterly corner of said T.ot 3, the mint
�� re tr n cr 9• rbed: thence southwesterly along the easterly line of said Tot 3, an arc length
o.
alley Engineering Co*' Inc.
UITE 204, WATERS EDGE OFFICE PLAZA
P 0. BOX 478
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 -2570
(612) 447 - 3241
CEO
c count:, ^ mesota lyim
tlmrly of tho :Huth lim
,,,E c,ibed lire:
1; thence
mntan9ential
vet, a central
of Oouth 32
a2 feet; tte
170 feet more
904.
• s
i
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srR
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s'auc'es.
vo
S
NOIC - 2t n ::d
ill s � s -. 0eh. /
i
�L
f
!:cst tc'p ocr
J
16
224,
3
a 318.,3
Ft-
i
Most Ely comb
of lot 3
\
NOIC - 2t n ::d
ill s � s -. 0eh. /
i
o >" Aj o-
� v�S
�
' d 0
A
S 1;c .DDITIOI, Scott County, ; ion south and east of the Following described lire:
hf said Let 3, Blew: 1; thence soot *tsmstcrl� alma Um westerly lire of said Lot 3, along a
•:east, ha_i nn a rad:.u_s of 450.14 feet, a central angle of 23 degmcs, 35 minutes, 22 seconds,
Brutes, seWmis !Pest, a thord length of 184.02 feet: t North 83 degrees, 45 minutes,
rare or L.:ss to Um shomline of Prior Iake, and them temrirutirg.
ihed lire:
f d Lot 3, Block 1; thence southeasterly along the northeasterly line of said Lot
�co rner of said Let 3; thence soutlmesterly along the easterly lire of said Lot of the line to be describe1: thence north BG degrees, 01 minutes, 1G seconds West he stomline of Prior Lake, and them teminating.
Lim of said at 3, was assuamd to haw a bearing of North 83 degrees, 45 minutes, 09 seconds
rs over that part of the abr desQibed proerty contained within the following:
F s ows that pact of Lot 3, Rlock 1, HIAL.'S IS?' e1�Di^:IOV, Stott County, Minnesota described as
terly lire of whidt is described as Follf sai northeasterly lire of said Lot 3, a
ly co lire to be described! thence southwesterly
arc length of 233.97 feet arr'. there terminating.
FDTTION, Scott County, Minnesota, lying north of a lire drawn
91od: 1, and 1..', paral with and distant 25.00 feet
,ifilsouth of the following described lire:
['f said Let 3, Block 1- theno= southeasterly along the northeasterly line of said Lot 3, an arc
corner of said Lot 3; them souttcrsterl- along the easterl- lire of said Lot 3, an arc length
of the line to be described; thence -forth k de g c , 01 minutes, 16 seconds West a distance of
Prior Lake, and them terminating.
uth lire of said •pt 3, was assured to haw a hearing of North 83 degrees, 45
mlatiw Umreto.
lriyewav purposes owr that part of Let 3, Blois 1, RILIl3L'S 1ST MDITIO.P, Scott
- asterly lire of rich is described as follows-
cf said Lot 3, Block 1; thelme Southeasterly along the northeasterly line of
the must easteri, corner of said Tot 3, the point of beginning of the line
long the easterly line of said Let 3, an arc length of 233.47 feet and there
I hereby certify that this swvey,
Plan, ar report was prepared by
me w under my direct supervision
and that I am a duly Registered
Land Swveyw under the rows of
the State of Minnesota.
Owe 10-2 —Sy Reg Ne 10183
FILE N2 4662 -3 BOOK 109 PAGE 4_
} _
CB S : - --
mew the SooM
E.......
51 1
1
DEbaRPTICN TRArr A
That part of lots 2 and 3, Block 1, BIMI'S 1ST PL".ITIC.:, Scott County, Minnesota, lyinq south and east of the following described lire:
Beginning at the meet mrtlher1v corner of said Lot 3, Block 1; thence southwesterly along the Wsterly line of said Lot 3, along a
mntangential curve concave to the southeast, having a radius of 450.14 feet, a central angle of 23 degrees, 35 minutes, 22 seconds,
a Chord bearing of South 32 degrees, 50 minutes, " semnds`t4est, a cord length of 184.02 feet: therm North 83
09 seconds hest a distenCo feet ass to o. 170 et more or l the shorelire of Prior take, and there terminating, degrees, 95 minutes,
And lying northerly of the following described lire:
Cmmena nv . at the frost northerly corner of said Lot 3, Blocs '1; thence southeasterly along the northeasterly lire of said lot 3, an
arc length of 16.89 feet to the most easterly miter of said lot 3; therm southwesterly along the easterly lire of said Lot 3, an
arc length of 204.35 feet to the point of begirvdng of the line to be described; thenx North 86 degrees, 01 minutes, 16 semods west
a distance of 190 feet tare or less to the shoreline of Prior Lake, and there terminating.
For the purpose of this description, the mutt lire of said ?.ot 3, was assumed to haue a bearing of North 93 degrees, 45 minutes, 09 seconds
West, and all of nets are relative thereto. ..
Subject to an easement for driveway Purpose over that part of the above described property contained within the following:
A nmexclusrve easement for drivtvsy purpn^a over that part of Lot 3, Block 1, Binim'S 1ST AA]ITIM, Scott Coun
follows: ty, Minre97ta described as
A strip of .land 16.67 feet in width the easterly lire of which is described as follows:
Camercln9 at the most northerly corner of said Lot 3, Block 1; thence southeasterly along the northeasterly lire of said Lot 3, a
distance of 16.89 fleet to the Cast easterly corner of said Lot 3, the point of beginning
along to easterly lire of said Lot 3, an arc length of 233.47 feet arvi there terinatiof th like to he described; therm southwester],
That part of lot 3, Block 1, 31MI'S ]ST ADDITION, Scott County, Minnesota, lying north of a line dram parallel with and distant 25.00 feet
northerly of the south line of said Lot 3, Block 1, and lyirnj: :south of the following described lire:
Conancing at the most nrtherly corner of said lot 3, Block I- thence southeasterly along the northeasterly line of said Lot 3, an arc
length of 16.89 feet to to most easterly mrre_ of said Lot: 3, thence southwesterly along the easterly like of said lot 3, an arc length
of 204.35 feet to the point of beginning of the lire to be described; thence tbrth 86 dr- mress. 01 minutes, 16 seconds west a distance of
190 feet more or less to the shoreline of Prior lake, and there " termunating.
For the purpose of this description, tc south lim of said Lot 3, :: was asst -ed to have a bearing of North 83 degrees, 45 1 weby caMy
minutes, 09 seconds west and all others are relat've terum.. pan, w ropmt Mk
me a unCtn
Together with anon ¢xrlusive easement for driveway pn[p,,s over that part of Lot 3,. Block 1, l3iL7iM'S 75T ADDITION, Scott and reel 1 ore a
County, Minnesota described as follows: land S"yar w
A strip of land 16.67 feet in width the easterly lire of this h is described as follows • we _$we of Min
(bmencing at the meet northerly Corner of said tot 3. BIcc k 1; thence southeasterly along the northeasterly line of
said Lot 3, a distance of 16.89 feet to the mast easterly ) ooraer: of said lot 3, the point of beginning of the line -
to be described: thrum southwesterly along the easterly lim . of said Lot 3, an arc length of 233.47 feet and them paid
terminating.
OWINI MIII 1M sunn Ime oI Iq
PRIOR MME
EL. 902.45
8 /16/84
I O W
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z6A3�6 �-
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NB Y_ -�
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TRACT 6
2,639.9 aa.Tt♦ ,
o
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r 159 9+
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ia�
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fd%
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Lne cf
Cw
/g_•:p[D PFS _iIC IVL COCi'1 C.:9
At'19LE'J PF SiP ICT P2 COtF'•.Cl -i cc'e[ln) Lntf One 111 < °ntel
your N1 Inc lua lr'9 aco e Mlnneaota- ln��'s
lsc Addition.
In Scot[ County, t of
Ce In res 91oi. + ain't. Pe[aon. [ea w ant Gell Stu >r[ aoler
Ibza hoe Pae Sva]ade, h.ah.ed ant wife , the above ebya+.w ^d >
o[ the -airs Interest of slot •a LtdacedaJanuary 25. 1913- and
[hose C.r,. Peacritclvn Covevmta, a they +FPIY
"led January 30, 1911 as Oc ent 'umber 1]15 . a
[o a ll Iota Contains] n Block One (11 of Blot ,. 'a L[ Addition-
i
IJ_VD USE .t':D 9u[WI]1. TYPE - _ •..
ASI
propert i hoc o Lance It[.- let ta ke Planning. Ind zoning
vl-ted Sa • ° ended, crept Nat the building its lying ,
Ordly cc mya Jace nt [a Inc Four (41 d only shall ..... aws +tingle
lrneaiatet a hest [herean. lot These (]1. t the -
. family dwel [ ling P
southerly 25 face therm[ and all a Iota One ( bulld building Iola, �Y .
ba aubdlvided into not more than four separate
•tee Sato aub8ly lead [tom LO One 111. M (21 and Th ree,(ll
tell De r ,trlc[ed to tealancial Dulltin9a wlN no. gr --, -
density then two fevily On letad cn "I p 1 t• [
Sea en
Yo n0 1... or offem ive taste or act -vl[ya �TaIl anything be - LtL'
any aL the lot+ in sa lL nDeaome e nuia.nc. to_Ne nelghboo-
upon
done [...roan which may ll be, a aald,pravlsas ....Pt Na _
hood, and no enitela he be kept o y , C _ -
usual povaehold Pat..
SMIS
.1. sign of 1, kind shell !e dlapis d to [he publE ne Haa foot. an
lot ...Ft! ne Prof ... I... I sign 4vue [eecasdeertialn9 Ale property
for W. or rer.l O elges need b
eey Ne buildat to advertise dueing
Its ...at action and let.. Feel. -
T OPT.4Y STR['GDPSS
::o acruccre Of • ee ?ors _a ^g
character, testis, bas ent, teat,
shack, garega• tarn, or other outbuilding shall b apacvanene. y
lot at .'Y tine as + [sliders. all %ec texporary
lASv^v'S mceaalahed
An '
for roa tway purposes atsil De and I. hereby CC°m s
fa[ each jot In each Meek in said addLtLon. exceeding
1
of laid :ntm to the ka ,dory h all LC+z rn f noon e other All shalt aY
-e eta ,n eItablle_ed + b° ` l
ease caves a ecr_�n a s SC ten in u, % Fit,...
f... the (coon o[
- e,ve[ly b u. -G sc iln<
of a+lt .tilt Pv,Ll the hicular and uch-
a v boucdary lice : -''° loe �D ll[ nscu 'a to saver upon
.,alklaa t --lc L • - = ° �. r . : ale wee+. and entry
id e Co
sa - o c [le e st std a _.. - - 9 '
-. Ke in In-
v a t] + - - - :aa
'`� +•�- e � e � ac uaoclatian o[
All c -a In.. In sal: a� -• 1
Gel[ ��'< . ve ch alit : +e: a. e b < - c ie-•o nolD ha ll ° be char led
m l: cc acre • o[ said atc'.c Ice ant the n<ce a,a[y
with the re-ov'I [` < - <' Jr• fn +• +tN Flah the patio's
[e zu[ :lc j. .• e _ l C eC v0 pr ° c. lot e• In saki - ' ll . :. 1:•
Lor w`lch ,:d + -t`? is _[.Y.<i. 'e _vl [o . fu- which e< +ales 1 ;
=db%I. a :all c.+r: tt to
tie df -3altc of tee cct al c st o: calctena ue J 5
z of lac, is the s'_d!vi den. iht all l beadacldedlro O:.b
-� [.er r }tYYd
KAKI [ ea> j5s.
we of t`e -st el rtic.a rer_[[
aa pe ^ ^
�
5[.
F.Phlbit °1+1(.].[7(YICY- YRiXY3:
peer unsnl No. 179052 [t�VYY .v` YYYY2Y \S •....
PAGE I of 2 P +Rc9
t[ ch• [t cy of P[tac Gak• or ocher DuDllc •uthorlty ah.•ll el .'-t
.atabu.n • v neua road o..r ana .rrn a Wa .Dove d, :cro[!
Inc, U.<n •+ch lac a. -.cr In pans ldm,elnn of the eo: abs cvra
, +'d
•grvr<n[< Trr<ln caculn<d shall van•[<t. v::}evt R- ➢ +n,at lc n.
by Dula Cl+in Dee .11 and ad ey to =pe.: t C;chloSl +lee ec e[ed
Ne[<Dy [o ch< PrcFar zc�lclpal e •utnor (tY far the Fugnra o[
asn9 • Lubll ra rd tRe[ean. Aa a condl pion e[ +l3 t[ma�•r
•nd • •nd 1( r Lul red by N+ Puhl le ,vthod e%• • [ca : -rY
< :e3 eo. -.vuz reoc vlch the t[r ear of
ll b <c < tn • v lath •he11 b< P•' - .al a - o •• by
o�r..[rhlP • t.`.e Car[ C \e C<O[ l o t =a [t.a •• • NO zei` +ly•
cv-eo o aa au_d av la
the f +11 1.,. In s L
lcn. sne[mfra[.
ving e<caca Publ lc. •Ball d `e Private Da cone ro Yl<d •na -afnta tred DY N
Re e
w1c1P erttorlel <a an G • e� :_�p�on.%1rh G`. <r.to (on •�
e,lnc.ln.d •ad r.n r.1led aid [aedv ay ah•il be teninatnd-
5C +AGE D[SPCOti
The a a dlapoael shell be governed ind mnanlledly lirloe Lake
Ordlnaace. sa theY app1Y Hereto-
TEMS
Tbeae c ecta e- t run 1N th S d aid n ll be Dl di 9 o a l
pa[clea all P <raons cleloin9 un der te for , Period of
eveccY -Clue (15) Yesa Cron Na der lvz ten yeaza oalean --
avtomaClcally a tended for ace eaa pe[
c i.,t .t al oed by the r+jaricY e[ N< Nen caner. Of th nole
late Taa ban. c rded +seeing en the-q. said coven r _ ,_ _ }
or In Pare. aybjece to Cit of Prior Lake ..lacing ordin-ar.." -.
smt
IY w ?. The P,rtti- A ate Rare
oa this �yt_ daY of une.n- �aQ f 1980..
0e C<a 31ahn 4 V A. • '
,m.a:ae Us Sweaaa -
52A:E or YSS•:ESOTA
GOUTY or
on cha_• era: a_ N
::a ce Y_I La +rd
+ r rte .d.. a era: qle Fran.
d..e ..
t_ed i, a -d a vhe execa_ed
+ckco- +led: ed eat c.:eY exececea
altsb� . =
.. surer car
•enPA_erLf�
as
.1980. !peace re, f
FersorallY ++Peered .)
sru.rt
to s nd 9n..me
a co c Fera;n No
drq lr trc - <ncs nd mOd dead. t
,i •Pau 1 :,,.. , .
%OHLRHSCH ABSTRACT 6 TITLE SERVICE. LIE.
tII-W.' T1d Arenue
goer 351
$T +Aapee. Mlnnu :ate 553[9.025
XXX7IoX% %]t'- p. 9xx,.q xx%XX %X
P 7AICTIR" CO p S n;
c ing W ne te O Ill th,cgh You, U1,
In rle,lrr. Slue! 0-e 111, eirh.n'. let. Ad L tla n, situ "l In
fi—tt cc—Al, State of Ni—, fots.
t ! . -A X. e ai rJar a rf ogle v tee - an! t, 11t
Bi
' eed e:eha, bua^en f i un ats nef
do t . feu B: Pu n e,
, Go Le: =y s t fort —a d crisis el. tae following
ong — 1.1 celane,
c se ! c -ants t apply to d c
1 lute onm lost In Gluck
j @.n a (11 of Blo`�'��lit. MLt elan.
LV:] USE AND BUI1LIYG TYPE.
No lot shall ba a a cept for residential purpose`. No
'building `hall beu acted, Altered, placed or pernitt.d to
Bain on any lot ether then one detached fently dwelling not
to a caM two .!arise or twenty -f Sve (25) feet In height,
whichever Is the lesser, and a private gauge which .hall not
-Sad two atorlea or fifteen (1S) feet In height, whichever
is The leaser.
'
No building shall be erected, placed or substantially altered
• ''upon any of the shove identified lute wtit the building plena,
-specifications and All Incidental attechr+ents and outbuildings
and plat plans .hwing the locaticn of such bulldirgs have been
approved in writing by h`be:t Blcha and Delores Blohm, or their
duly deal,,ted s Me purpose of said approval Is to
establish a construction plan for each lot which will benefit
and eaplarent the other dwellings In said area.
• DWELLING COSTS. QUALITY M. SIZE.
No dwelling shall be pe_- altted on Any lot at a coat of leas then
!arty 1'housaM Dolls. (SI0,00C.00) based upon cost levele pre-
: sailing on the date these c -anca are e recorded, It being the
intention and perpme of the m ant to a as that all dve Ili.,.
shall be of a quality of wor)oan.hip and material. subit..ti.1
the s r Letter Nan that Mich ran be produced o A he date
these covenants are recorded at tho minimto cost stated herein
for the minlaum yarsitted dwelling I... the ground floor are.
of the min s tructure. ea - u.lve of one story open porches and
. garage., shell cot be less than One •[beueaM lour sund[ed square
feet for a one ste.ry dwelling, Per leas than Nine Rundsed
6eventy- ylveeguare feet fora Qwel ling of core than on_a story.
BUILDING LOCASIOU.
No building shall be located on any lot roarde than thirty (10)
feet to the front lot lino or a[ then fifteen (15) feet
of aiy side lot line or e er it,. thirty (30) feet to my aids
street line. No dwelling .hall be erected or placed an any
site having . width of It.. than • : ty=[lva �alllytbet The
v
elninm boilding satb.ck lines, n any g
ec tad of pie cad o any dte, ha
vLy an area less than twenty
Thousand square feet. -
NU15.9Ct5.
Na n a offendv. trade a activity shall be'eaaled on
.oy of The See. to .,Id
ld addition, or shall anything be
dco. th.ea:n which Say b, or be,.,. e ool `uses to The neighbor-
. hoot, and Ian '.1. Call h kept on Said Salsas sacapt the
usual hour. told pee..
' BIG SS.
No sign of acy klcd shall be displayed to The public viev on
any lot or -apt ore prcfsi*!cnal din of not more than ouo _
e /aura [cut, o1- alga of net xcr. Lhan five a re feet
.4". Long the prq r. t [or u3a or rent, or signs used by
tie Dallier to awver toss do ey the ee ne true tins .,A ales
period.
- - - - - - ''N01itRCSC:1 A SER':!CE,%C.
112 'Nae[3,d 0.__,
Boa 81
B'her.op :: Lnlnr., mm eta r ?: SI
D... env. nt Nn. 134504
Pa�;o I Df 3 pogo. % )
xxxxa� :x. <xix>•_�z�l;xcxhx�'l:N> cs�xxs
r�>crAVr s:.oc.u.es
Ito at a of a ,.
'e: r i. - ct.r mile b. . t tent,
]ack, easy e, [ -e e., o wul l.fl�.9. .`snit be .1 on ecy
lot •c any tla u • re14e . t�.er te' cry or peas -_r ne.
CaL'�a J:TS'
An ea;e t for r d.a 1—. .pall La end 1s herdy
utzDl Lt.d
for .,h let Sn each block In s.14 rdfltlon,
' nil., from each of said lot. to the lvundary lires of said
addition. All rood +ay a -a
• ce. • atebtl.ntd •`sell ALutt
III'earh oLhar and ch.11cover'. rwon a n . ad feet In width
prat sae. Ir. fro. C+ frcne or Herthvm [erlpboend.ry line of
said eddi J.. eo the rear or So.thea.terly hoondary it.. there.,i
And hall pemlt vehle.lez sed vrlAlns traf[le of • private and+
Public nature to enter .pan said es.exwat lo'crsated sad to the,
gei. a .K .eery to ech and .very lot !n fald euD4lvi coo.
All e.-.en of lot. in eaSd addition :`all or.at Is. ...—let on
of their, a —O . Mich ....o etioa "YA.e 11 .1e "aer- cia!ble' for the
mintan.nce of said hove de.criDea e.a2..c And .Mil D. Mr_
lk
c
nee'
oL
;-1ae en 1nGavtaval .eptie tar3 di.ycr.l=lyyelia L}yy. 6i Lr.�ta3led'j.;
f Sa daelyned. Soce!«7 - cedY is-jc elf.�a tiRnkdluse vith the s.
tegotre =sets. slaw -eard r't -e Eecc�atdl�eif r INjthe"afty"nf prior ?-;-
Sske. AyyrcvaI of s-ch + iyitih , ai, lhdtaflid iGil 6a
e N{ain- f
fro �rSS omartty
F 4
The a [i !o roc G{ !h 1 { e d s �1 ba Dine_ s a+
all pareln and di p.,xvne cat-tmj v: 'r..tby furs rlcd d "
,t +eaty -flan 1151 yrvrs frea't`.'e Pots U v+ eovfx edti'.�all E: .
at teati,All • t 2a1 for i:cc.;a lbn �: r[o., tom. 7 =:ra c:aa :e
so Irare<>C fiscal 2 thi rolari
t iota ^_.:. 1. +n ter. E:G .szr, In ^ - CO - e: •n i -!d save . ;a!f1�
k v.:a ; e or In parT� Y•:bJset ko 4�tY of,Pr�rr L:Yv
ROHIRUSCB ABSTRACT S TITLE SERVICE, INC.
nL ws,rm A+r: nu.
eoa 251
Sta4 _I., q. e.11nu a i. 5ai: � S I
ezx�.�5�xc �.rfhs��S;srr5.� /J:x�pldSa
[nfcoc nt a +11 M by p ng. at 1— or In ulty a(vt
er.y p+ or p.- .a ( I +tlrvl
or at 1 . to v
clnl iolate any
e.. . -.+nt, n aleher ta vlolatteu et to rr c.er [a-11:
ln1.11!AtlC r+e z" o of Lv r -_• " a by j "% -
rt oader .0 n
ll In •tae .!feet any of the oche.- vlaf o'.a
Wefc:, Gall r, -il In full totes and . effect. ,
LIB ST X AND POLLT11Y.
N anlrel., livencock or prultr, of any kind shall be -. ne
:d or kept o n any lot except "at dog., Bata or other
heueehold pp.etaaay be kept provided the ticy are not kept,
bred or n.lntalned for any eamerclal pnryoaa. r •��� -
,W TE6TIY.cNy M'L°RPO[, the said Webel E. [14ngberg,
and folb —t Blohn end nelace. Blob =, husband and Wife,
n .ve n caveed the.. preaenta to be — cuted thin � _ day oC
rte. 91 s :,—
t t dl
BTAIE OP wn"t MA - • I fti
CMATX or
}~ '"
On thl. %mow day of • • ' ' . 19'g, before rwe�;d
votary public; WIthin end or id n", p.iaonelly App eexed
inebel B. Blitybary, a aIn'l. wran, to Va knave to a ow of
. the per... de.nelbed Sn ettd Who ...toted the fozegolnB'lnste'
met and ocknovledied thet she e,eecuted the .tee Y. be, freo">
act Lod deed.
i
n. r ++_'
'ro•al t•.j R,n i-i.. a.n on
kas,'kxhh'tix�zA�k z za`A ':xS
e fdta :oregc
the -e' a.
KCPM',LJSi:I A'SSIMI t IIiLE
STATE @
r T _
'. Oe'tbl. Ise =day of -- - 1.�
7 3 t
iatacy public, ritlln ad f�anld
x_.19
ty,, personAlly I
I pelbert elehv and W ea
hd Wit
d elo l din
to be the perac.-
Snstrurane and ackrcvlc,,,�ad that
they .xIcutea
,,,j, free acted deed.
! M's FJl tl at ..J
.l.b
n. r ++_'
'ro•al t•.j R,n i-i.. a.n on
kas,'kxhh'tix�zA�k z za`A ':xS
e fdta :oregc
the -e' a.
KCPM',LJSi:I A'SSIMI t IIiLE
(47?- Qoa. ww's
gad � :s77, 6
New u...:)5 Ivsv.Ito
I�aaQ: -1+ �.P cFarmera 1`: �wxc� Spry
spa. - V?
Volley Engineering Co., Inc
SUITE 204, WATERS EDGE OFFICE PLAZA
Po BOX 478
PRIOR LAKE. MINNESOTA 55372
TELEPHONE (6:'_)447 -2570
(612) 447 - 3241
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SKETCH PREPARED FOR:
NORTHCO INC.
PO. BOX 202
PRIOR LAKE, MN. 55372
NOTE No actual field fi ve °rlrm,U
NTY,f pppgEa
i1e1N IpNF
Valley Engineering Co., Inc.
SUITE 120 -C, FRANKLIN TRAIL OFFICE CONDOMINIUM
16670 FRANKLIN TRAIL S.E.
PRIOR LAKE, MINNESOTA 55372
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TELEPHONE (612)447 -2570
(612)447 -3241
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Valley Engineering Co., InC.
SUITE 120 -C, FRANKLIN TRAIL OFFICE CONDOMINIUM
16670 FRANKLIN TRAIL S.E.
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612)447 -2570 \
(612) 447 -3241
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LOE 5, Blnek 1, BLOW'S 1ST AODLT70N, Scott roilotu, 1i /o,ota.
EXIBTING ZONING- R -2
AREA = 20, OIB {R /I.
TOTAL DWELLING WVERAGE = 3,225 {R. N.
O 20 b
SCALE OF FEET
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.;"e No. 063
1rILE NO 5249 BOOR — PAGE—
CITY OF PRIOR LAKE
APPLICATION FOR
CONDITIONAL USE PERMIT
t
INFORMATION
Applicant: 4' =� i'l 7 i/ wiz o Phone:
Address: ZZ 72 DaIzE7 SY
Property Owner. SriF Phone:
Address: SSA/
Consultant: 4 4 �4 Iry Phone:
Address: P'eo'c / K
Proposed Conditional Use Address:
Legal Description:
! ar- r 23Apct
L a
r
Use of Property: hLg J �LQOiTATFC .T//LJGGL FlBt1iC l7I/JE Y
Property Acreage: 'x40/8" �" 2
�_ Present zoning: L
Conditional Use Being Requested:
Deed Restrictions: NoW Yes❑ If so, please attach.
Has the Appliciant previously sought to plat, rezone, obtain a variance or conditional use permit on the
subject site or any part of it: Nom Yes❑ What was requested:
Submission Requirements
When: _
(A.)Completed application form. (!.)Complete legal description. (C.)Filing Fee: $50.00 (1983) (D.)Deed
restrictions, if necessary. (E.)Fifteen(15) copies of site plan drawn to scale showing existing/proposed
structures. (F.)Additional information as requested by the Planning Director including but not limited to: existing grades
and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed floor
plan with use indicated plus building elevations, landscape plan with schedule ofplantings andscreening, Curb cuts, driveways,
parking areas, walks and curbing. (G.)Certified from abstract firm the names and address of property owners within 300
feet of the existing property lines of the subject property. (H.)Application and supportive data are due 20 days prior to any
scheduled hearing.
Unless clearly not applicable, the above information will be required prior to review of this application.
Submitted this _{42 day of 19
Applicants urviswe
c4 y, owners sipwaum
Approved conditional uses must be utilized within a one year period of time or
may be invalidated by the Planning Commission.
CITY OF PRIOR LAKE
TO: PLANNING COMMISSION
FROM: HORSY GRASER
RE: NORDfOD DEVELOP4ffi U INC.- ODfIDTTIONAL USE
DATE: APRIL 14, 1986
The applicant is proposing a 3 unit townhome on Lot 5 Block 1 Blohm's 1st
Addition. A copy of the lot plan is attached. Northco is currently developing
the remainder of Blohm's Addition with twin homes (see attached survey). Two
have been constructed with Tract C anticipating construction this year.
Blohm's Addition along with the rest of the Grainwood Peninsula is zoned R-2
residential with a density of 5.5 units per acre. Permitted uses include both
single family and duplexes and twin homes. The applicants proposal consists of
3 units and therefore falls under a townhome classification which requires a
conditional use permit. In addition the minimum lot size for a townheme
development is 25000 sq. feet. The subject site has 20118 sq. feet or .46
acres. If the R-2 density is multiplied by the acreage, 2.53 units or 3 units
are allowable. The applicant has filed a variance in conjunction with the
conditional use application. However, there was insufficient time for proper
notification for the variance.
The developers intent is to construct 3 units in similar design and exterior
finish to maintain architectural integrity throughout the development. The
units will face the gravel drive and are anticipated to have Lakeshore access
through an association set up for that purpose. The units have been sited to
save as many cif the mature oaks towards County Road 21. Currently there is an
existing single family home and detached garage on the site. Both are terribly
dilapidated and will be removed as part of this development.
In staff's opinion the proposal has merit and would fit in well with the
existing twin homes. Under the circumstances the issue should be tabled until
proper notification of the variance is provided to the people. Staff recommends
a review of the issues and proposal but delay any action for two weeks.
(912) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
CITY OF PRIOR LAKE
REGULAR COUNCIL MEETING
Agenda
Monday, May 12, 1986
CALL TO ORDER 7:30 p.m.
1. Pledge of Allegiance
2. Minutes of the Previous Meeting
7:35 pm 3. Consider Request to Extend Sanitary Sewer to the Mdewakanton Sioux
Reservation
8:30 pn 4. Continuation of R1® Steffens Public Rearing - Road Vacation and
Subdivision
5. Consider Scott County Ordinance i9 Regarding Surface Water
Management
6. Consider Request for Permit to Operate "Caboose Cruise Lines"
7. NDrthCD Inc. - Conditional Use Permit
8. NorthOD Inc. - 2nd Addition to Lakeside Estates
9. Discuss Rquipoent and Supplies Wanted for Council Roan
10. Discuss Cancellation of Nay 27, 1986 3Duncil Meeting
11. Consider Request from Craig's Resort for Cigarette License
12. Otter Business
a.
b.
C.
13. Anoouncments and Correspondence
a. Next council Meeting - Monday, May 19, 1986 at 7:30 p.m.
b.
C.
14. Adjournment
4614"74230 4629 DAKOTA STREET S.E. P.O. SOX 359 PRIOR LAKE, MINNESOTA 58372
CITY OF PRIOR LAKE
MINVITS OF THE CITY COUNCIL
May 12, 1986
the Common Council of the City of Prior Lake met in regular session on Monday,
May 12, 1986 at 7:30 p.m. in the City Council Chambers. Present were Mayor
Andren, Councilmenbers Fitzgerald, Scott, White, City Manager McGuire, City
Engineer Anderson, City Planner Graser, Assistant City Manager /Economic
Development Director Ur acht, and City Attorney Kassel. Councilmnnber Busse was
absent.
Mayor Andren called the meeting to order and asked everyone to rise for the
pledge of allegiance.
Mayer Andren - f April 28, 1:986 needed be be correfted-ow
1 > -
I
The minutes of the May 5, 1986 meeting were reviewed by Council. City Manager
McGuire stated that the following correction neet:ed to be made:
Page 2, Paragraph 3 Correct spelling of " Diezzler" should be "Ditzler"
Page 2, Paragraph 3 Correct title for Julie Ditzler is Administrator
of the Nile Health Care Center.
Councilmmmber Fitzgerald clarified his comments on page 4 regarding a decre-ase
in lot sizes. So that there is not a misunderstanding, it does not refer to a
decrease in lot Sizes in the City of Prior Lake but rather a "transition zone"
for lot sizes in adjacent subdivisions.
MOTION WAS MADE BY FITZGERALD, SBCONDED BY SODTf, TO APPROVE THE MINITFES OF THE Mhx*e
MAY 5, 1986 MEETING AS AHMED.
Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Busse absent;
the :notion passed unanimously.
The next item on the agenda was to consider a request to extend sanitary sewer
and water to the Mdewakanton Sioux Community. Mr. Bill Block, engineer, and Mr.
Leonard Prescott, representative from the Shakopee Mdewakanton Sioux Community,
were present at the meeting and distributed copies of a preliminary engineering
report for the proposed project. City Manager McGuire informed the Council that
he and Mayor Andren have had several meetings with representatives from the
Reservation regarding the extension. Mr. Block explained that the Sioux
(612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
MINVPFS OF THE PRIOR LAKE CITY COUNCIL
May 12, 1986
Cammrnity has received the co mitment for funding of the construction of twenty
residential dwellings this year from the Department of Housing and Urban
Development but to qualify for the funds, the area needs to be sewered. The
proposed project would provide sewer and water service to an undeveloped 80 acre
parcel of land and to existing buildings in the area of the Little Six Bingo
Palace. The project would be totally funded by the Sioux Cammuaity and timing is
critical for completion and funding of the project. The City would have to pay
for oversizing the pipe if they would desire to do this to allow for future
expansion in this area. Mr. Block further explained the construction of the
project. Cm inst=al the Siam G®aeity to lock at the idea of pging fm th entire project aid
t m cdlectirg anrk later for the csersmi aaft out of hmmkp dmrrs-
Discussion by the Council followed concerning the effect of amending the
Comprehensive Plan, benefit to the City of Prior Lake, timing of the project,
the affect of the project an the City's Blue Lake Treatment Center allocation,
and the future development of the 80 acre parcel.
Staff was directed by Council to provide an analysis on amending the ftten iq
Comprehensive Plan, provide an engineering analysis in conjunction with the sewer 6
urban services area, and provide a legal opinion on ramifieationns of right of faterto
entry, conformance to specifications and bonding aspects. The Mdewakanton Sioux Sian
Community was asked to prepare a preliminary plan for the development of that cmaidty
area and future acquisitions. All of this information will be brought back to
the Council for further consideration in approximately three weeks.
A three minute recess was then called.
Mayor Ardren called the continuation of the Tam Steffens Road Vacation public
hearing to order at 8:39 p.m. and explained that this was continued from the
April 28, 1986 meeting. City Planner Graser reviewed the areas to be vacated
and reviewed the stipulations as set forth by the Council at the April 28
meeting as follows:
I. Lots 1 -5, Block 4 be 15,000 square feet and no less than 100 foot
street frontage.
The developer reduced the number of lots to four and the square footage
and front foatage requirements were met.
2. 60 feet easement for utilities, walkway, bicycles with 25 foot
sideyard setbacks and the easement could not be calculated in the lot
sizes of the adjacent properties.
This requirement was met.
3. Lots 6-14, Willow Beach 4th be 12,500 square feet and no less than 100
foot street frontage.
This requirement was met.
4. Lots 15-18, Birk 4 be 15,000 square feet and no less than 100 foot
street frontage.
These lots are now labeled Lots 13 -16 and the requirement was met.
2
MINWES OF THE PRIOR LAKE CITY COUNCIL May 12, 1986
5. All lots on Basswood circle have 15,000 square feet.
This requirement was met.
6. Lot 24 be no less than 15,000 square feet and determine the placement
of the driveway.
The lot, now labeled Lot 22, is 15,000 square feet and the proposed
access is from Willow Lane.
7. Produce evidence of ownership of Block 2.
A copy of a contract for deed for this area was provided to the
Council.
City Planner Graser further stated that Lot 1, Block 1 is a substandard lot.
The developer assumed the City would acquire Lot 50 of I'nguadona Beach for road
purposes arid, in turn, sell a portion to the developer making Lot 1 buildable.
Mr. Graser also pointed out that a rezoning request would be made and the
requests were noted on the preliminary plans.
Mr. Greg Balling, engineer for the developer, was present and commented.
The discussion was opened to the audience and comments were made. Residents
from Inguadore Beach Circle commented on the use of Lot 50 for placement of the
intersection of Willow Lane and Pershing Street in the plat and the possible
increase in traffic to their area. The tape will be kept on file in the Office
of the City Manager as the official record of the public hearing.
Council discussion that followed included whether the developer met all the i
stipulations as set forth by the Council, the placement of the intersection, and
the contract for deed.
i
MOTION WAS MADE BY FIRZ=ALD, SBOONZED BY SO3 T, TO CONTINUE THE PUBLIC invJWM Sterfes
FOR ONE WEER UNTIL MAY 19, 1986 AT 7:35 P.M. P.B.
cmtinw dl
There was further discussion by the Ommil. A meeting was set up for the
developer to meet with the residents of the Inguadone Beach Circle on Wednesday,
May 14, 1986 at 5:00 p.m, to reach an agreement on the location of the
intersection.
Upon a vote taken, ayes by Amdren, Fitzgerald, Scott, and White; Busse absent;
the motion passed unanimously.
A ten minute recess was then called.
Mayor Andrenn called the meeting cock to order at 11:16 p.m.
The next item on the agenda to consider Scott County Ordinance i9 regarding
Surface Water Management. City Manager McGuire explained that this ordinance
was a combination of existing City and County ordinances and would have to be
adopted by the City in order for Scott County to enforce it on Prior Lake.
MINCR'FS OF THE PRIOR LAKE CITY ODUNCIL
May 12, 1986
Scott County Deputy Lyle Svedahl was present at the meeting and answered
questions. Other members of the audience commented.
Discussion by the Council followed and several changes were recommended in the
ordinmce.
City Manager McGuire was directed to inform the Scott County Board that the Scott Go.
Council did discuss the ordinance but a consensus was not reached. city Satare
Attorney Kessel was directed to contact the County Attorney to work on rewriting water Fpm
the ordinance. Ordin rce
The next item on the agenda was to consider a request for a permit to operate
" Caboose Cruise Lines ". City Planner Graser explained the request was to
operate a cruise line on Prior Lake aut of the Marina Royale which currently
operates under a legal non - conforming status and has a detailed zoning
certificate which outlines its operations and on -site requirements.
Mr. prod Stankovich, President of Caboose Cruise Lines, Inc., informed the
Council of the services he would provide, and the safety of his boat. He
explained that he would require approximately twenty -five parking spaces for
cruise passengers and boat slip space for loading and unloading.
Comments were made by the audience con the noise made by cruises and
setting a time of day that the cruises would have to end.
Discussion by the Council followed.
Concern was expressed by Jim Dunn, owner of Marina Royale, regarding the
addition of an addendum to the zoning certificate for the marina.
MOTION WAS BY FITZGERALD, HEMMED BY WHITE, TO GIVE ENDORSEMENT TO THE CONCEPT (abaore
PROVIDED THAT STAFF CAN FORMULATE A MANNER IN WHICH TO EITHER LICENSE OR ATTACH Cmse
TO THE ZONING CERTIFICATE A PROVISION ALLOVIM; ITS USE FOR A PERIOD OF ONE YEAR nom+ In
AND TO BE BROUGHT BACK TO THE COUNCIL IN ONE WEEK TO BE FINALIZED.
Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Busse absent;
the motion passed unanimously.
A three minute recess was then called.
The meeting was called back to order at 1:22 a.m.
Mr. Rod Stankovich again addressed the Council and explained that he had cruises
scheduled for this weekend but would not be able to operate since the issuance
of a permit was not approved. There was further discussion by the Council.
NDTIDN WAS MADE BY WHITE, SOCK BY SCOTT, TO ALUM A TE14FORARY PERMIT COME 7�
CRUISE LINES TO OPERATE W WEEKEND OF MAY 17 AND 18, 1986. Permit to
Caboose
Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Busse absent; Chase Lu
the motion passed unanimously.
4
nINUTEES OF THE PRICR LAKE CITY COUNCIL May 12, 1986
The next item on the agenda was to consider the request of Northoo Inc. for a
variance and conditional use permit. City Planner Graser explained that the
application is for a three -unit to nhame development southwest of intersection
County Road 21 and Grainwood Trail. The Planning Commission approved the
variance and conditional use permit on May 1, 1986 subject to six conditions.
Representatives of NorthoD Inc. were available to answer questions.
Discussion by the Council followed.
NOTION WAS NAM BY FITZL;iBi M, swrainm BY WHITE, TO APPRWE THE VARIANCE AND
Nortico to
OONDITMM ON FEWITT R$MST' OF NUMMOD INC. S[BJEM TO THE SIX CONDITIONS AS
Vari &
SET YOM BY 'ice ELMSUM CMKMML
Cmditind
Use PErtmi:
Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Busse absent;
the motion passed urvadmously.
Next on the agenda was to consider the request of Northco Inc. for preliminary
plat approval of Second Addition to Lakeside Park. City Planner Graser informed
the Council that the request was for approval of a .95 acre subdivision
containing two conventional lots located at the intersection of Lakeside Avenue
and County Road 21. The Planning Commission approved the plat at the April 17,
1986 meeting and recommerded a waiver of the park dedication fee.
Representatives of Northco Inc. were available to answer questions.
k
Discussion by the Council followed.
i
NOTION WAS MADE BY WHITE, SBODMED BY SCOTT, TO APPROVE THE PRELIMINARY PLAT OF
Rc7i ®ear ;.�
SECOND ADDITION TO LAKESIDE PARR SINCE IT IS CONSISTENT WI7H CITY CODES AND TO
Plat for c
WAIVE THE PARR MEDICATION FEE SINCE THE DEVELOPER IS DEDICATING A LADE AMOUNT
ad Addtn-
OF LAND TO THE PUBLIC.
lake
Palk
Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Busse absent,
the motion passed unanimously.
t
The next item on the agenda was to discuss equipment and supplies wanted for
i
Council Roam. It was the consensus of the Council to table this item for one
j
week.
The Council then discussed the cancellation of the May 27, 1986 Council meeting.
sdm&'n^ i
After discussion, it was the consensus of the Council to have a meeting on May
MW 27
27.
The next item on the agenda was to consider a request from Craig's Resort for a
cigarette license. City Manager McGuire explained that this is a renewal
license and the fee has been paid.
MOTION WAS MADE BY WHITE, S1MMED BY SOJTf, TO APPROVE THE APPLICATION OF
a gig's l
CRAIG'S RESORT FOR A CIGARETTE LICENSE.
fit
Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Busse absent;
Lirmse
the motion passed unanimously.
5
MZNUrFS OF WE PRIOR LAKE CITY COUNCIL
May 12, 1986
Couxcilmember Fitzgerald informed the Council of some problems with the M.se
construction of the Bruce Lindell home on Candy Cove Trail and variances that Lvdell
were granted by the Planning Commission contingent upon the construction of a va:iacc
drainage pipe. Discussion by the Council followed. It was the consensus of the
Council to schedule this item on the agenda for the May 19, 1986 meeting.
Staff was instructed to contact M:. Lindell and ask him to delay starting
construction for one week until the Council could review all the information.
The next Council meeti-N °111 be Monft, May 19, 1986 at 7 :30 p.m.
There being no further business, the peting adjourned at 2:00 a.m. by general
consent of the Council.
Michael A. McGuire
City Munger
Loretta M. Lane
According Secretary
6
PEANNIClu O7lMLSSION
MAY 1, 1986
The May 1, 1986 Prior Lake Planning Commission meeting was called to order by
Vice Chairman Loftus at 7:30 P.N. Present were Commissioners Wells, Roseth,
City Planner Graser and City Planning Intern Deb Garross. Commissioner Arnold
arrived at 8:15 P.N. and Chairman Larson arrived at 8:20 P.M.
MOTION BY WELLS TO APPROVE THE APRIL 17, 1986 MINUYIS AS PRFSffiTPID ACID REVIEWED,
SECONDED BY ROSETB. UPON A VOTE TIM, THE ` TICN WAS DULY PASSED.
At this time Vice Chairman Loftus adjourned the Planning Commission meeting.
City Manager, Michael McGuire called the Economic Development Committee and
Planning Commission joint meeting to order to discuss the "Downtown Development
Plan% Assistant City Manager/Econaaic Development Committee Director, Dave
Ohmacht presented for discussion elements of the plan including downtown land
Ln e, traffic circulation and public improvements. Mr. Ilmacht also discussed
the meetings that had taken place prior to the joint meeting of the Planning
Omission and Economic Development Committee.
At 8:45 P.M. City Manager Michael McGuire closed the joint P.C. and E.D.C.
meeting.
MOTION BY HOSEYR DIRECTING SW" TO PRESIM TO COUNCIL THE DOWNIUNN LAW USE,
TRAFFIC CIROUTATION, PUBLIC IISROVEIONTS AM GREW DOWNIWN DEVELOPMENT
CONCEPT PLAN, SEA BY ARM. DPCH A VOTE MUM, 4 AYE, 1 ABSTENTION
(LARSON — MISSED THE PRESOM CN), THE WYE CARRIED.
were present to answer questions.
Brad Rothnem commented on the request for a 3 unit development to be located on
a parcel zoned for R-2 Residential use. Mr. Rothnem expressed that the proposed
development met with the required setbacks and was cog3atible with the
surrounding area. The developer also commented on the clean up effort that will
ue applied to the site.
City Planner Graser commented per mew dated 5/1/86.
Fred Oakley, 4052 Grainnood Trail, commented that he would like to see the
property value exceed $120,000.00 dollars for the development. Be also
submitted oamoents regarding the density of the development.
Ben Baer, 15795 Eagle Creek Ave., comnennted on the traffic, density, clean up,
curbing, drainage and street petitioned for public maintenance.
(612) "7.4230 4649 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 68;72
The Planning Commission commented on the clean up of the lot, property value,
and the possibility of charging the street to a public facility.
MOTION BY ARKM TO APPROVE A CONDITIONAL USE PERMIT ADD VARIANCE FOR TAT 5
BLOCK 1 BI I S 1ST ADDITION CONTINGENT UPON:
1. THE PROMPT CLEAN UP OF THE CDNHPRUCTION SITE ADD ADJACENT CDNS1XKVION
AREA.
2. THAT THE OVERALL APPF. %CE OF THE BUILDING IS CONSISTENT WITH THE
VALUE ADD APPEARANCE OF THE TWO EXISTING BUILDINGS.
3. THAT THE SDUARE FOOTAGE OF EACH OF THE 3 UNITS NOT DEVLm FORE THAN
20% SMALLER FROM THE EXISTING TWIN HOOFS IN BLOHM'S ADDITION.
4. THAT THE BKT;WOR OF THE BUILDINGS BE CONSISTENT WITH THE EXISTING
TWIN HOMES IN BLCHM'S ADDITION.
5. THAT EACH UNIT HAVE A 2 CAE ATTACHED GARAGE.
6. TO ENSURE 00MFLLIANCE BOTH THE SITE AND BUILDING PLANS MUST BE REVIBIFSI
BY STR" POR COMPLIANCE WITH THE SUBMITTED SITE ALAN AND COhMWGENCIES.
Sao== R Jam. am A VON TAImp, 203 MDT= me DW.Y PASSED.`'
Item IV, Lakeshore Restrictions discussion presented by Staff. City Planner
Graser camnted on several terns including:
1. Restriction of back lot access.
2. Regulation of speed on Prior lake.
3. The increase of commercial ventures or Prior Lake.
4. Rowse parer limitations for Prior Lake.
S. Regulation of the number of docks allowed per lot on Prior Lake.
6. Easmants an lots and dedicated lot usage.
7. Regulations of the number of back lot biers allowed (1 -10 now).
E. Preservation of the lake.
9. Safety on the lake.
10. Lakeshore damage fee fran developers.
NOTION BY AW D TO DLREL? STAFF TO SCHEDULE A PUBLIC HEARIM TO DISCUSS THE
CONCERNS OF PRIDE LAKE, SBOONDED BY LARSON. UPON A VOTE VM, THE MOTION WAS
UGLY PASSED.
At this time a 3 minute recess was celled.
The meeting resumed at 10:00 P.M.
Item V, OUr Properties request for Rezoning continued fran April 17, 1986
meeting. Ted and Greg Schweich, developers, were present to answer questions.
Ted Schweich commented on the Rezoning and the proposal to develop a cud de sac
with 4 lots.
City Planning Intern, Deb Gams reviewed the rezoning per memo dated April 14,
1986.
At this time audience input was called for.
Andrew Franklin, 4294 Pleasant Street, presented elides of the Conservation
District showing an overall view of the topography, type of neighborhood,
wildlife habitat and water bodies existing in the area.
Paul Beinboldt, 16430 Duluth Avenue, 27 year resident of the area, expressed
concern over increased pollution and decline of fish life associated with the
creek. He also expressed that he did not want the wetland destroyed by
construction such as the multiple units.
Bill Hord, 16399 Franklin Trail, commented that he had received notice the day
of the hearing. Be felt that a buffer more should exist between the homes and
the wetland and did not feel that elevation was a justifiable rational to to
rezone a conservation area.
John Sullivan, 16636 Anna Trail, had no objection to the rezoning but he was
concerned that the continued development of these areas could set a precedent
that would be difficult to atop in the future.
Ted Schweich, developer, commented that the Metro sewer line runs through the
Property. Since the pxraperty was assessed, the developer contends that the
parcel is buildable. He also clarified that he is proposing 4 single family
homes not multiple family units.
Phoebe Clemens, 16350 Albany Ave., a 40 year resident commented that there have
been many changes over that years that have led to the destruction of natural
beauty, wildlife habitat, floweret etc...
Glenn Mueller, 16672 Creekside Circle, commented that the wetland should be
preserved for the wildlife. Be felt that construction in this area would be a
poor idea.
Kathy Sorenson, 16535 Albany Ave., ccumn'.ad that they moved to the area because
of the natural characteristics associated with the wetlands. She also expressed
concern regarding the traffic flow on Albany Avenue.
Julie Sullivan, 16636 Anna Trail, commented that the constn,ction of of multiple
family homes in the area had taken away from the natural beauty of the site and
should development, continue, the area would be destroyed and she and her family
would no longer be able to enjoy it.
Ted Schweich, developer, clarified that the multi - family units the audience had
been referring to consisted of the Priorwood Development located on Five Hawks
Avenue.
Paul hieinboldt, 16430 Duluth Avenue, commented that the destruction of a natural
habitat caused by the construction of a dam might be a questionable practice.
John Sullivan, 16636 Anna Trail, questioned whether it would be possible to
construct a road and yet maintain the wetlands. He also inquired about the
directional flow of the creek.
Shown Reinboldt Busse commented that she lived neat to the wetland and would
hate to see it destroyed by allowing homes to be built along it's edge.
Mrs. Gabriel Franklin, 4294 Pleasant Street, was alarmed at the destruction of
natural wildlife in the wetland area and would like to see it preserved so that
it does not became another Bloomington, Richfield or ►8nneapolis.
Andrew Franklin, 4294 Pleasant Street, presented a petition signed by the area
residents and commented that the number of signatures had increased by 1008
since the previous hearing.
The Planning Oommissionere had concern over the area to be rezoned with regard
to size of area to be rezoned, buffer sane betweae building and wetland, a dam
for overflow, drainage, and pollution of the lake.
la
- no- !Y'Y:I •- ta: , - :• ^2N • •'- :it �.r T. •:A ••
•rte ua rr! -+: •! .>r •.•. u• •. ! � /A • • �.
Item VI, CUT Properties request for Preliminary Plat approval of Lakeside
Estates 5th Addition. Ted and Greg Schweich were present.
ND ACTICN WAS TAM ON THE ITEM DUE TO SEE PR89ICUS MOTION TO DENY THE REZONING
REQUEST FOR THE SUBJECT PROPEM.
MOTLCN BY ARNQD TO MCGE ME PUBLIC REARM FOR PRELIMINARY PLAT APPROVAL OF
LAKESIDE EEIAdLAS 57H AD MON SECONDED BY L F•SUS. UPON A WTE TAKEN, THE
MOTION WAS DULY PASM.
°MCN BY LOFTUS TO AWOUM THE MAY 1, 1986 PRIOR LAKE PANNING OOMNISSION
M WMIG, SEGO CM BY AMID. UPON A VME T MM, ME !£)TICK WAS DULY PASSED.
TOE MEETING ADIOUMM AT 11:45 P.&
C�� (,�C
TO: PLANNING COMAIISSION
FROM: HORST GRASER
RE: NOR1HCO DEVELOPMEW INC.- CONDITIONAL USE
DATE: APRIL 14, 1986
The applicant is proposing a 3 unit townhome on Lot 5 Block l Blohm's 1st
Addition. A copy of the lot plan is attached. Northco is currently developing
the remainder of Blohm's Addition with twin hones (see attached survey). Two
have been constructed with Tract C anticipating construction this year.
Blohm's Addition along with the rest of the Grainwood Peninsula is zoned R-2
residential with a density of 5.5 units per acre. Permitted uses include both
single family and duplexes and twin Mmes. The applicants proposal consists of
3 units and therefore falls under a townhome classification which requires a
conditional use permit. In addition the minimum lot size for a townhome
development is 25000 sq. feet. The subject site has 20118 sq. feet or .46
acres. If the R-2 density is multiplied by the acreage, 2.53 units or 3 units
are allowable. The applicant has filed a variance in conjunction with the
conditional use application. However, there was insufficient time for proper
notification for the variance.
The developers intent is to construct 3 units in similar design and exterior
finish to maintain architectural integrity throughout the development. The
units will face the gravel drive and are anticipated to have lakeshore ac:xss
through an association set up for that purpose. The units have been sited to
save as many of the mature oaks towards County Road 21. Currentiv there is an
existing single family home and detached garage on the site. Both are terribly
dilapidated and will be removed as part of this development.
In staff's opinion the proposal has merit and would fit in well with the
existing twin Mmes. Under the circumstances the issue should be tabled until
proper notification of the variance is provided to the people. Staff recomends
a review of the issues and proposal but delay any action for two weeks.
4612) 4474230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372
P E T I T I 0 N
We, the undersigned, petition the City Council
of Prior Lake to order cessation of the construction
of a triplex on Grainwood Trail, Y. E.
We believe that this construction will cause
too much congestion and traffic on Grainwood
Trail, lower property values in the area
and is not in com pliance with thuide lines Y °G
presented at the Planning Commission meetings
(May 1, 1986 and May 15, 1986). At that time
a variance was granted to construct a triplex .
instead of a double bungalow.
4052 Grainwood Trail, N. E.
LINM/
CITY OF PRIOR LAKE
TO: PLANNING COMMISSION
FROM: HORST GRASER
RE: NOMOJ DEVELCPMa DE.- CONDITIONAL USE
DATE: APRIL 14, 1986
The applicant is proposing a 3 unit townhome on Lot 5 Block 1 Blohm's 1st
Addition. A copy of the lot plan is attached. Northco is currently developing
the remainder of Blohn's Addition with twin hones (see attached survey). Two
have been constructed with Tract C anticipating construction this year.
Blolm's Addition along with the rest of the Grainwood Peninsula is zoned R-2
resi,iential with a density of 5.5 units per acre. Permitted uses include both
single family and duplexes and twin bomes. The applicants proposal consists of
3 units and therefore falls under a tamhame classification which requires a
conditional use permit. In addition the minimum lot size for a townhome
development is 25000 sq. feet. The subject site has 20118 sq. feet or .46
acres. If the R-2 density is multiplied by the acreage, 2.53 units or 3 units
are allowable. The applicant has filed a variance in conjunction with the
conditional use application. Bonever, there was insufficient time for proper
notification for the variance.
The developers intent is to construct 3 units in similar design and exterior
finish to maintain architectural integrity throughout the development. The
units will face the gravel drive and are anticipated to have lakeshore access
through an association set up for that purpose. The units have been sited to
save as many of the mature oaks tauards County Road 21. Currently there is an
existing single family home and detached garage an the site. Both are terribly
dilapidated and will be removed as pert of this development.
In staff's opinion the proposal has merit and would fit in well with the
existing twin homes. Wer the circLantances the issue should be tabled until
proper notification of the variance is provided to the people, staff recaaoends
a review of the issues and proposal but delay any action for two weeks.
(612) M74239 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 66372
INFORMATION
CITY OF PRIOR LA KE
APPLICATION FOR
CONDITIONAL USE PERMIT
Applicant: a , Phone: -4As A 6
Address: Dze," A sr Si S� 3 y > SK �O� -V,.7 7
Property Owner: Phone:
Address: — nek
Consultant: t/4zgt/ Phone:
Address: �-c / K
Proposed Conditional Use Address:
Legal Description: Lorr S � Z34-ociE zz
Existing Use of Property: , -nr�s T,r�stt �.w�� c /fie r
Property Acreage: -2r4 i8_ nd�_ Present zoning: 1?' 2 w • � s
Conditional Use Being Requested:
Deed Restrictions: NoW YesO If so, please attach.
Has the Appliciant previously sought to plat, rezone, obtain a variance or conditional use permit on the
subject siteorany part ofit: NoW YesO Whatwasrequested:
Submission Reouinamsents
(A.)Complaad application form. (L)Complete legal description. (C. )Filing Fee: $50.00 (1983) (D.)Deed
restrictions, If necessary. (E.)Fifteen(13) copies of site plan drawn to scale showing existing/proposed
stwctuns. (FJAddkionsl information as reotrasad by the Flanolag of ector Incl ding but not Ihnked to: edANq
andbuildings w9hin100Ret &ainagephowMfini WpWewWmktftMoroenf5ftwaterbodies ,ifany,popowdMoor
plan with use indicated Plus buildinaefineam s, fndsc pepkn with schMukofpksntingsandsceeeoing, Curb cult, drneweys,
smoking areas, walks and cudmn& (GJC OW from abstract Am the nerves and address of propeny owners within 300
ket of the e_atiry property lines of the subjM popMy. M.Mppliation and wpportive data are due 20days prior to any
scheduled hearing.
Unless clearly not applicable, the above inbnnaUan wig be required prior to review of this application.
Submitted this _ 442 day of ; 19
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SUITE 204, WATERS EDGE OFFICE PLAZA
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PRIOF LAKE, MINNESOTA 55372
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SUITE 120 -C. FRANKLIN TRAIL OFFICE CONDONNNIU
16670 FRANKLIN TRAIL S.E.
PRIOR LAKE. NIINNESOTA 36372
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FILE NO 5M9 BOOK — PAGE_—
Ne ."M
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MILUK- Its "s ".
Minw+PAn. MN
STANDARD YKLI Any HuyerA Ca VY
m"Ot ey
GREEN Mier'. Can,
".—
PURCHASE AGREEMENT PINK Run•r'x R. i,
RECEIVED OF
the sum of
Dollars is
Ily — _
as earnest money to be deposited the •^eat business day after acceptance In trust account of listing broker
funeses otherwise specified in
wrairg) and in pen payment for the "minase of the premises legally described as
located at IStrem Material .
City of _ , County of State of Minnesota.
including all plants, shrubs and treei all storm wendows and/or imerta atorm doors, screens, awnings. window shad", blinds, curtain.
' nayerae 6aparyrodganeaedbgMitgibaureawiMDub .shunbegfxtures,watxhaater, heningsgtem, humidifier. central sircanditening.
elx+ronic err fiber, automatic grape door opener with controls, water softener, cable television outlets and cabling. BUILT-INS to include:
dishwasher. garbage disposal trash eompaetr ovedr caddop slove, microwave oven, hood-fan, intercom, imtaied carpeting, IF ANY,
�.: located on the prerrem which ane the property of Shcr and also the fallowing personal property:
1 .
all a which proparP• Sher hM this dry sold to Buyer for the sum d: 6 — - -
- - _— Dollars.
2 which Buyer pees to ytj in the following communist: Earnest owner of 6 _ _ and
-
s— cash on or before ti , the date of closing, and the balance
ol a by finrrtiny ar follows _
93 _
74
25
26 _
27
28 _
29
30 —^
3.. AIe.MMar_addrtdtnttavdedt r.rmMapeRd Mb atstaaa.
32. EIIEdtf:TTO�rrere� SalaaPMabearaMaddalfYra VWreary Dad,
33, a Mpbdb F^ igrMlrraN . mlw�Wg tMIMlMeillbbdapaptbaa rdyaMa eNaplaa:
MdgNtgadxminobwlLmd trtpaa,l4radfatlydfpgWma) une�de�gwbueear staff tMpprNMntlwwiow
35 a.. '"I I bm gptpp�4e NI RMrvribndas,ymkwabrmbtad�bhb btllaSlMagMlttnaaata. lANiryadAaxtagaMMnwnb
36. which do m kMMfMa syitl prr.na irOtwanMnb.lfa Rig!tsdMwYFany.
37 MIALNTATETAXUS"wab.e wpay /121hesdtawdusandpayefileinthm year
38 T9- — saver abltay_ /12BewndeummglMabpay 12the d annual iMallntent of special asses6aant6 due
39 ad payee. pnKeysarl9 o. '.r_a+p: Wr to °a l MdladMofeWeagallspacineM911emsl AWwWpadllg.
40 . Buyer shall pry taw ra and pryabM m On yar 19 - and any rpid asgmMta of Special eMearmM payable lherewkh
41 . rand ahle" Ra. Saar samosa 00 bs dM Rod mom"W_IS _? wills. L , "I r. sow, :....•...e,. hplNrad
42. 1 IN- lk .1f Mo SMwmr Soft'sAg.m nrMr any fapre..raatrat mrarnirg do ampud d future real atria tas.
43 WARRANTIES SO, warrras tlat bfN6gl i arty. sae ardrNr widtYr M. lsautdry lktae of the prance. Sall r waranb that all
44 appMrrcaa. hadMpadakegt3lprg, wwigrd�trt�rywurdbeMdMtlepMnW .arainpfoprworkirgaderMdabddpei
4$. ffgyelhtlrigMbilbpeG pNOrbsloaag .NryralWladWyhf~ /MraMrhia/hrp a11
Nlwtap1dlamw , hNlingardr
?° owdhlydptg, wlrYgadp�annpr. parwrangrdrMredoskw l s@bwrrrtblMtlMfx.mea r.Wnmrad b: dty wir
O yM -Ono: dry vyrey O yea • O M K the pr.nwa sa oar L a Mbra tle ff dMt.g.a by fee a arty ocher cauM befom the
48 . alatltg deep, the egteSntpta.fr.g bawttnanugadegidrEuW*oplkp rd M. aarnr rrwy al be ralund.d to
49 POINEIRMSagragreasladWwpoebrionmt Ylydmt closing.
5r7 Altddnr.CkyvwW ldu chrgaa.ebapipiradmttaalg.adWSM furoNadlipddprbbumgn *Mllbopro-raedbetMeenthe
s: Mrtib rd y=. apMaaprena NSU dabrlsad all 1
62. pnmien bake po�on deb, parsene property M included haain bola the
53. Tf1E \ ENAWNATION Sdiw shag. welds, a rMartppl. tine after monptartoe d tlw aprsamem furnish an AWOact d Title, r a
54. RSRm IM do Abatrad,grtiSdbdital rdspayra.11 opwinpbetlnpcis, ta5 ,. Fedreljrdpme .Wliam .Burr
.5. drlbalwad l6 Wphsriysaharnosiptkraarnardmdl :4ead msluryanyd*miom. which shall be made In wn;irgrdermd
Cali waived Kpnyobpdmismmaf tsomdWbeaftavdl20drysbmekeddenwl mbb. Peminga ^.rrectiMdtAefeyneefshereunder
57 raglrird Niel b pppaad but narorr carrediorr d cabs ad willrir 10 diets aeon wdpane root a Survey. the pans 0211 Perform this
t9 rt .ow %r Parr. gas'f armaf r ` Ihe rdMCe`dtoBuy
59 �C oEFAUL eleorktaa ec"d .. rra: daL, w- adeuyrd ,kdrinamdtheafFa«nsmeherein, S*Prmartrmimteme
agwmenLrdM.uai1 m ame - r.aaavmmmr rshrbr.t�rdIN r
IS I rdAAIa »asthirresep�iwirareabmeyapper,
62 Palo idrddenwgaa mbrrgdd. .wp.1..LTlila��trrmdoreasdrn.lr tfwrgltd«m tegr.fp.drrep«rmnrw.
n -' dthaMrmd. Mr�iddrlaaaPeamrttRndNmillydadadi. nbadrp.. Padlcprf MmmaiedlnmwnW- WidiinsiarrAnftefw
such' I er tOfMtiwtariMS.ln"wa tBuyrrMMlsinhfspMOr oltheil msdthi 6AgrMmant,andNoticedGmdiatbnis
65. 11 upMtheBuyerpurarrantt oLt5ASO21.M r S M
elerminaliOnphmllb*tNrtY(38) daysparmihadby Subilmisior A
67 ACCEPTANCE Brryr+ adralat6adaPersMtMlssabtsaubj .dbacrapaneay Salhr inwrtbg.Agent or not liable or reopre0le
68 on-- rof Mlssgrarwa .ampbredmranwdfordaeanwt mway.
69 AGENCY 0#SMCfIME `.: - Mrdaeaa ow
7C 1ngft ton TMMagagrdrarek.ralprplSlesM rdalarMrM.detg M obuw In Wa hwunaftn.
72 the the sus M y� promises, asppt this apewmnt and 1 � �e�rrMrarlMpriaandMtMbmmad
73 _-ELLER BUM
74. .SELLER. sum .
75 DeliveydaNrepasad mooch~11m rMaMeo ict d:
76 cop" aa Agm
'? Ad* M City $ _
-8 T HIS IS A LEOAli MkDING COMRACr. IF NOT UtmEABTOOD. SEEK COMPETENT ADVICE. .
0•C•
1.730.00 ■
0.20 =
346.00
0•C
1.730.00 +
346.00 -
0•C
0•C
IP730.00 ■
0.20 ■
346.00 •
0•C
1#730-00
346.00
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CITY OF PRIOR LAKE
CITY OF PRIOR UM
NM(Z OF RBRRM
You are bmW ratified that the Planning Omission will hold a
Public Seaing in the Prior lake City Council Chambers at 4629
Dd ota Street S.B., an April 17, 1986 at 1000 P.M.
The purpose of the hearing is to consider a conditional use
permit to construct (3) three tamhose units on Lot 1. Block 1,
Mo a's let Addition, which are consistent with the construction
located tmmei to the north.
Both oral and written comments will be considered by the Planning
Commission. For more information, contact the Prior lake
Planning Department at 447 -4230.
() f ?
Borst W. Oraaer
Director of Plaonirg
0112♦ "7400 4110111 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372
Valley Engineering Co., Inc.
SUITE 204, WATERS EDGE OFFICE PLAZA
PO BOX 478
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 247 -2570
(612) 247 - 3241
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SUITE 204, WATERS EDGE OFFICE PLAZA
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PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612)447-2570
(612) - 3241
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CITY OF PRIOR LAKE
CITY OF PRIOR Im
NMC6 OF OOMMONAL I= PERMIT O7NFINUATION
MV VARIANCE APPLICATION
You are hereby notified that the Prior Lake Planning Commission will continue
discussing the Conditional Use permit hearing for Northco Inc., on May 1, 1986
at 9:00 P.M. The hearing will take place in the City Council Chambers located
at 4629 Dakota Street S.E. Northoo Inc., proposes to construct 3 toanhane units
on Lot 5, Block 1, Blobs's 1st Addition (see attached map).
In addition, Northco Inc., has also filed a variance application to deviate from
the minim lot size for townnhune construction. The zoning code calls for
a minis m lot size of 25,000 sq. feet for townhome construction. Northco is
requesting a variance to 20,000 sq. feet. The variance application will be
considered at 9:15 P.M. in the City Council Chambers or shortly thereafter.
Horst W. Graser
Director of Planning
(612) 447- 4230 4829 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372
Uu�lu ✓+"
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CITY OF PRIOR LA KE
AMICATION FOR
CONDITIONAL USE PERMIT
CutQ -
Applicant: (shone: Vv?- 43'9
Address: llkdz 7 Z)"-74 ate' Sf S.s 3 7 z_
Property Owner: SAM Phone:
Address: « Jr'C
Consultant:
Address: _
Proposed Conditional Use Address:
Legal Description:
L ggr S' J3aoc.e i
Existing Use of Properly: g LZI- 4 D i 7-,MW s V, s :.z eTr o s:
PropertyAcreage: .240/8_ c T Prese nt zoning: /i 2 R
Conditional Use Being Requested: .3 612,Y 76wM /1essta cve P i � Z�s& �
Deed Restrictions: No W YesO If so, please attach.
Has the Appliciant previously sought to plat, ;ezone, obtain a variance or conditional use permit on the
subject site or any part of it: No® YesO What was requested:
When:
Submission Requirements
(A.)Completed application form. (B.)Complere legal description. (C.)Filing Fee: $50.00 (1993) (D.)Deed
restrictions, if necessary. (E.)Fifteen(15) copies of site plan drawn to scale showing existing/proposed
structures. (P.)Addgional information as requested by the Planning Director including but not limited to: existing grades
and buildings within IOOket, drainage with gnuhedgradeand relationship to existing water bodies, ifany, proposed flaw
plan with use indicatedplus buildingekvadons, /andscapeplan with scheduleofplantingsandscraming, Curb cuts, driveways,
parking areas, walks and curbing. W.Kevtified ham abstract firm the names and address of property owners within 30D
feet of the existing property lines of the subject property. MJApplicatimi and wppon(ve data are due 20days prior to any
scheduled hearing.
Unless clearly not applicable, the above information will be required prior to review of this application.
Submitted this 142_ day of 19
sQ� -
M. unv Swis ApgwMco inter Claudw aanever Vaind d ames
mw be invaridrteil d byte yr+••uMC•.
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CITY OF PRIOR LAKE
RBiXIM CDONCM MUMN3
Agenda
Monday, May 12, 1986
CALL 70 ON= 700 p.m.
1.
Pledge of Allegiance
2.
Minutes of the Previous Meeting
7:35 Ps -
Consider VAgwst to extend Sanitary Sewer to the Mdewkanton Sioux
Raservation
8:30 pm 1.
Continuation of 7!a Steffens Public Searing - Road Vacation and
Subdivision
5.
ecsiaer Scott County Ordinnom t9 Regarding Surface Mater
Management
6.
Consider Request for Permit to Operate 'Caboose Cruise Linea'
7.
BorthDa Inc. - Oaditi001111 Ilse Resit
8.
artWD Inc. - 2nd Adattlon to Lksside setates
9.
Discuss spipm nt and Supplies anted for Council Rom
10.
Discuss Cancellation of May ."', 1986 Council Meeting
11.
011nsider Regnst from Craig's Retort fat Cigarette License
12.
Other Business
a.
b .
C.
13.
Amnounnsents and Oorrespgndenoe
a. Nest Council Meeting - Monday, May 19, 1986 at 7:30 p.m.
b .
C.
16.
Adjournment
(612) 4474280 184Y DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 66372
CITY OF PRIOR LAKE
MINLnTS OF TW CITY COUNCIL
May 12, 1986
The Common Council of the City of Prior Lake met in regular session on Monday,
May 12, 1986 at 7:30 pm. in the City Council Chambers. Present were Mayor
Andren, Oouncilmambers Fitzgerald, Scott, White, City Manager McGuire, City
Engineer Anderson, City Planner Graver, Assistant City Manage*%oonanic
Development Director unnacht, and City Attorney Kassel. Ccuncilmamber Busse was
absent.
Mayor Andren called the meeting to order and asked everyone to rise for the
pledge of allegiance.
reseed by w&Eo&-emmmntv
The minutes of the May 5, 1986 meeting were reviewed by Council. City Manager
McGuire stated that the following correction needed to be made:
Page 2, Paragraph 3 Correct spelling of "Dietzler" should be "Ditzler"
Page 2, Paragraph 3 Correct title for Julie Ditzler is Administrator
of the Nile Health Care Center.
Conmcilmmiber Fitzgerald clarified his comments on page 4 regarding a decrease
in lot sizes. So that there is not a misunLerstanding, it does not refer to a
decrease in lot sizes in the City of Prior Lake but rather a "transition zone"
for lot sizes in adjaoaut subdivisions.
NYIWN WAS MADE BY FI73GDVW, SOMNI8a BY SCOTT, 70 APPROVE THE MINUTES OF T(fl3
MAY S, 1986 MEE77113 AS AMERIND.
Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Busse absent;
the motion passed unanimously.
The nest item on the agenda was to consider a request to extend sanitary sewer
and water to the Ndm+akanton Sioux Community. Mr. Bill Block, engineer, and Mr.
Leonard Prescott, representative from the Shakopee Mdekakanton Sioux Comeunity,
were present at the meeting and distributed copies of a preliminary engineering
report for the proposed project. City Manager McGuire informed the Council that
he and Mayor Andren have had several meetings with representatives from the
Reservation regarding the extension. Mr. Block explained that the Sioux
(612) 4474230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
MINUTES OF WE PRIOR LAKE; CITY COUNCIL May 12, 1986
Community has received the commitment for funding of the construction of twenty
residential dwellings this year from the Department of Sousing and Urban
Development but to qualify for the funds, the area needs to be severed. The
proposed project would provide Bawer and water service to an undeveloped 80 acre
parcel of land and to existing buildings in the area of the Little Six Ringo
Palace. The project would be totally funded by the Sioux Community and timing is
critical for completion and funding of the project. The City would have to pay
for oversizing the pipe if they would desire to do this to allow for future
expansion in this area. Mr. Black further explained the construction of the
get eetft Vit � do ewhioon
s to it of hu sy the ides of pwirg far the Mire Puject d
Diseussioo JV the Q u cil followed Concerning the effect of amending the
cbpmehm A 4 I&M, hauefit to the City of Prior like, timing of the project,
the affect of the project on the City's Blue lake Treatment Center allocation,
and the future development of the 80 acre Parcel.
Staff was directed by Council to provide an analysis on amending the unmet
Comprehensive Plan, prcvidw an engineering analysis in conjunction with the Soar 4
urban services area, and provide a legal opinion an ramifications of right of wtw L
entry, conformance to specifications and bonding aspects. The Mdewakanton Sioux Siam
Cammunity was asked to prepare a preliminary plan for the development of that D=mzd
area and future acquisitions. All of this information will be brought back to
the Council for further consideration in approximately three weeks.
A three minute recess was then called.
Mayor Andren called the continuation of the Tom Steffens Road Vacation public
hearing to order at 8:39 p.m. ad explained that this was continued from the
April 28, 1966 meeting. City Planner Grimmer reviewed the are to be vacated
and rwimred the stipulations as set forth by the Council at the April 28
meeting as follow:
I. Lob 1 -5, Block 4 be 15,000 spare feet and no less than 100 foot
street frontage.
The developer reduced the caber of lots to four and the square footage
and front footage requi were met.
2. 60 feet easement for utilities, walkway, bicycles with 25 foot
sideyard setbacks and the easement could riot be calculated in the lot
sizes of the adjacent properties.
This requirement was met.
3. Lots 6-14, Willow Beach 4th be 12,500 square feet and no less than 100
foot street frontage.
This requirement was met.
4. Lots 15-18, Block 4 be 15,000 square feet and no less than 100 foot
street frontage.
These lots are now labeled Lots 13-16 and the requirement was met.
I " *RYIwZ OF 7HE PRIOR LACE CITY 00M CIL May 12, 1986
5. All lots on Basswood circle have 15,000 square feet.
This requirement was wet.
6. Lot 24 be no leas than 15,000 square feet and determine the placement
of the driveway.
The lot, now labeled Lot 22, is 15,030 square feet and the proposed
access is from willow Lane.
7. Produce widence of ownership of MOM 2.
A cow of a contract itc dead for this area was provided to the
Council -
City Planner Graver further stated that lot 1, Block 1 is a substandard lot.
The developer assumed the City would acquire Lot 50 of Inguadona Beach for road
purposes and, in turn, sell a portion to the developer making tot 1 buildable.
Mr. Graser also pointed out that a resoling request would be mule and the
requests were noted on the preliminary plans.
Mr. Greg Balling, engineer for the developer, was present and commented.
The discussion was opened to the audience and comments were made. Residents
from Ingiadons Beam Circle commented on the use of Lot 50 for placement of the
intersection of willow lave and Pershing Street in the plat and the possible
increase in traffic to their arms. The tape will be kept on file in the Office
of the City Manager as the official record of the public hearing.
Council discussion that followed included whether the developer met all the
atipulatioa es set for by the Wuncil, the plaomsalt of the intersection, ad
the contract for dsed.
MOTIOM WAS MOM BY PrRIGls1MiD, SSOOMOPD BY SOOTP, TO OOMTE 2RE ABLIC MM M"s 9d
POR OMB wER OHM Mr 19, 1986 AT 7 :35 P.M. P.H.
There was further disaasim by the Oomwil. A meeting was set up for the
developer to soft with the residents of the I gCadona Beach Circle on Wednesday,
May 14, 1986 at 5:00 PAL to reach an agreement on the location of the
intersection.
Opon a vote taken, ayes by Andren, Pitagerald, Scott, and white: Busse absent;
the motion passed unanimously.
A ton minute recess wan then called.
Mayor Andren called the meeting hack to order at 11:16 p.m.
The next item on the agenda was to consider Scott County Ordinance 09 regarding
Surface Meter Management. City M Tager McGuire explained that this ordinance
was a combination of existing City and Canty ordinacea and would have to be
adopted by the City in order for Scott Canty to enforce it on Prior Lake.
9
MIMVPFS OF THE PRIOR LAKE CITY COUNCIL
May 12, 1
Scott County Deputy Lyle Seedahl was present at the meetin and answered
questions. Other members of the audience commented.
Discussion by the Council followed and several changes were recommended in the
ordinance.
City Manager McGuire was directed to inform the Scott County Board that the
Council did discuss the ordinance but a consensus was not reached. City 9urfa
Attorney !tassel was directed to contact the County Attorne,- to work on rewriting
Water
the ordinance.
The next its on the agenda was to consider a request for a permit to operate
'Caboose Cruise Lines'. City Planner Grayer explained the reuest ws to
operate a cruise line on Prior Lake out of the Marina Royale whice �;urrently
operates wrier a legal non - conforming status and has a detailed zoning
certificate which outlines its operations and on-site requirements.
Mr. Rod Stadkovich, President of Caboose Cruise Liras. Inc.. informed the
Council of the services he would provide, and the safety of his boat. He
explained that he would require approximately twenty -five perking spaces for
cruise passengers and boat slip space for loading and unloading.
Comments were made by the audience concerning the noise made by cruises and
setting a time of day that the cruises would have to end.
Discussion by the Council followed.
Coo:-m was expressed by Jim Donn, wear of Matins Royale, regarding the
addition of an added to the naming certificate for the marina.
NDMN WAS MY PITZGEMM MOM W MM, TO GIVE Tf To on CXjMpT
PROVIDED TEAT =FF CM POAQJIBE A MEESE IN VMCT TO EITHER LICENSE OR ATTACH Cndsed
TO THE SON= CB&MC►TE A PROVISION ALTMM ITS USE FOR A PERIOD OF ONE YEAR
AND TO BE BTM BACK To TM UMNM IN ONE WEER TO BE FINMIZED.
Upon a vote taken, eyes by Andren, Fitzgerald, Scott, and White; Buaee absent;
the motion passed unanimously.
A three minute recess was then called.
The meeting was called back to order at 1:22 a.m.
Mr. Rod Standrovich again addressed the Council and explained that he had cruises
scheduled for this weekend but would not be able to operate since the issuance
of a permit was not approved. There was further discussion by the Council.
i
?MMN WAS MADE By WHI'18, SOMMED BY S0D T, To ALUM A T'AtlOR11RY PERMIT CNME bat
CRUISE LADS TO OF RMM THE WEEKEND OF MR 17 AND 18, 1986.
MOM
Upon a vote taken, eyes by Andren, Fitzgerald, Scott, and White; Busse absent; DDB
the motion passed unanimously.
I
i
1
----- - - - - --
PIUM ES OF THE PRIOR LADE CITY ODUNCIL May 12, 1986
The next item on the agenda was to consider the request of Northoo Inc. for a
variance and conditional use permit. City Planner Graser explained that the
application is for a three - unit townh me development southwest of intersection
County Fm 21 and Grainwood Trail. The Planning Commiss approved the
variance a;nc oordi•toml use permit an May 1, 1986 subject to six conditions.
Representatives of Northoo Inc. were available to answer questions.
AND Nmrth
AS Nwie
Omdit
use R
at;
Next on the agenda w to consider the request of Northoo Inc. for preliminary
plat approval of Second Addition to Lakeside Park. City Planner Grazer informed
the Cantcil that the request was for approval of a .95 acre subdivision
containing two conrventional lots located at the intersection of Lakeside Avenue
and County Read 21. The Planning Commission approved the plat at the April 17,
1956 meeting and recommended a waiver of the park dedication fee.
Representatives of Northao Inc. were available to answer questions.
Discussion by the Council followed.
NOTION WAS HIM BY WHITE, SMOOHM BY SCOTT, Ta APM)VE THE PRELIMINARY PLAT OF
Lhelim :
SBODND ADMT7DW TO LARESSTDE PAM SINCE IT IS CONSISTENT WITH CITY QbBB AND To
Plat v
NAIVE THE PAM DMICATTO N PEE SINCE THE IBVEDM IS DMICATIIT, A LARGE ANMM
i!d IA
OF LAND TO ME PUBLIC.
W1
Ledo
Upon a vote taken, ayes by Andres, Fitzgerald, Scott, and White; Busse absent;
the motion passed unadamusl
The next itsm an the agauda was to discuss equipment and supplies wanted for
Council Roam. It was the consaw.is of the Council to table this item for one
week.
The Council then discussed the cancellation of the y 27, 1986 Council sooting.
Bdwdm:
After discussion, it was the consensus of the Council to have a meeting on May
MW 27
27.
MemtirN
The next item on the agenda was to consider a request from Craig's Resort for a
cigarette license. City Manager McGuire explained that this is a renewal
license and the fee has been paid.
NOTION WAS MME BY WHITE, SBOOMED BY SCOTT, TO APPROVE THE APPLICATION OF
�iE''
CRAIG'S RESORT FOR A CIGARETTE LICENSC.
Em Camu '
Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Busse absent;
Laoam
the motion passed unanimously.
Discussion by the Council followed.
MINLJTES OF THE PRIOR TARE CITY CD ACII.
May 12, 1986
Councilmnmber Fitzgerald informed the Council of acme problem with the gnze
construction of the Brun! Lindell here on Candy Cove Trail and variances that Itack
were granted by the Planning Commission contingent upon the construction of a VNIN
drainage pipe. Disc ussion by the Council foliated. It was the consensus of the
Council to schedule this item on the agenda for the May 19, 1986 meeting.
Staff was inetructed to contact Mr. Lindell and ask him to delay starting
construction for one week until the Casncil could review all the information.
the net Council meeting will be MorAW, May 19, 1966 at 7 :30 p.m.
There being no further bmdomms, the meeting adjourned at 2 :00 a.m. by general
consent of the Council.
Michael A. McGuire
City Mmnager
Loretta M. IN*
According Secretary
6
M TITLE I NSURANCE COMPANY OF (I � �
T April 4, 1986
40W
Title Insurance Company of Minnesota does hereby certify thatth
list of owners within 350 feet of the following described proper
Lot 1, Block 1, Blohm's 1st Additi,n, according to the plat then
of record in the Office of the Cour ty Recorder, Scott County, Mi
Charles Schmaltz and Vicki Schmaltz Lorene Bull Van Slyk
Alexander X. Kupers no address available
4128 Grainwood Circle
Prior Lake, Minnesota 55372 Mary M. Hogan and Larry D. Solberg
110 1st Ave. NE Apt. 902
Thomas M. Vallani and Mary K. Vellani Minneapolis, Minnesota 55413
Alexander X. Kupers
4110 Grainwood Circle Edwin A. Martini and Sharon A. Martini
Prior Lake, Minnesota 55372 11400 Normandale Boulevard
Bloomington, Minnesota 55437
Alexander X. Kupers
4096 Grainwood Circle NE
Prior Lake, Minnesota 55372
Guntis Kupers
4080 Grainwood Circle NE
Prior Lake, Minnesota 55372
William J. Schmokel
4151 Grainwood Circle NE
Prior Lake, Minnesota 55372
Webster T. Jones and Jeanne Jones
4131 Grainwood Circle
Prior Lake, Minnesota 55372
Ben Baer
15795 Eagle Creek Ave. NE
Prior Lake, Minnesota 55372
Michael S. Boagard
4030 Grainwood Trail NE
Prior Lake, Minnesota 55372
Ronald C. Breckner and Judith A. Breckner
13200 Penn Ave. So.
Burnsville, Minnesota 55337
Donald W. Scott and Janice M. Scott
15717 Eagle Creek Ave. NE
Prior Lake, Minnesota 55372
James J. Dunn and Linda Dunn
15291 Edgewater Circle
Prior Lake, Minnesota 55372
Delores Blohm
7475 Scot Terrace
Eden Prairie, Minnesota 55344
Northco Development
P.O. Box 202
Prior Lake, Minnesota 55372
Phyllis A. Urbach
4050 Grainwood. Trail
Prior Lake, Minnesota 55372
Fredric J. Oakley and Marlene G. Oakley
4052 Grainwood Trail NR
Prior Lake, Minnesota 55372
Gail Svoboda and Roxanne Svoboda
4040 Grainwood Trail NE
Prior Lake, Minnesota 55372
Gayle K. Carpenter and Ruth Carpenter
4021 Eau Claire Trail NE
Prior Lake, Minnesota 55372
Virgil J. Mead and Georgia Mead
Marilyn F. Mead
4043 Eau Claire Trail NE
Prior Lake, Minnesota
SCOTT AND CARVER COUNTIES DIVISION
112 WEST THIRD AVENUE / SHAKOPEE, MINNESOTA $5379 / (612) 445 -3196
HOME OFFICE: MINNEAPOLIS. MINNESOTA
A W TITLE I NSURANCE COMPANY OF MINNESOTA
Donald L. Hartley and Evelyn Hartley
4065 Eau Claire Trail NE
Prior Lake, Minnesota 55372
Richard Boles
Gayle Carpenter
4091 Eau Claire Trail NE
Prior Lake, Minnesota 55372
Dated this 4th day of April, 1986 at 8 a.m.
N
4Leck -Sand Authorized Signatory
KLS /kls
SCOTT AND CARVER COUNTIES DIVISION
112 WEST THIRD AVENUE / SHAKOPEE, MINNESOTA 55379 /(672)445 - ?196
HOME OFFICE: MINNEAPOLIS. MINNESOTA
CITY OF PRIOR LAKE
TO: PLANNING COMMISSION
FROM: STAFF
RE: NORTHCO INC. - CONDITIONAL USE PERMIT
DATE: MARCH 3, 1986
The applicant is proposing to introduce two duplexes on a residential lot
currently zoned R-1, single family. Since the zoning ordinance does not allow
two principal uses on one lot, the property must be subdivided. The minimum lot
size for a duplex in an R-1 district is 15,000 square feet. The applicant
subdivision as a condition for approval.
The property is unusual because it is encumbered by many right of way easements.
The northeasterly property line of the site is the centerline of the old County
Road 21 right of way. Which means that 33 feet of the northeasterly property is
County right of way. The City of Prior Lake has an easement for Lakeside Avenue
of 7 feet in addition to the 8 foot noted exception isee survey). Luring the
platting process these easements must be dedicated to the City as right of way
and cannot be counted as part of the minimum lot size. The gross area of the
site is 41,454 square feet. However, the net area is approximately 28,000
square feet. As a result the land mass is deficient by 2,000 square feet for
two duplex lots.
Moreover it is questionable whether the site and neighborhood can accept two
duplexes. The subject site is an extension of the Lakeside Avenue single family
neighborhood. All the adjacent uses are single family. It is an older
residential area of the community and sane of the hones in the immediate area
have been allowed to deteriorate. In 1985 the City of Prior Lake improved
Lakeside Avenue to a bituminous section with concrete curb and gutter and also
provided storm sewer. Also in 1985 County Road 21 was realigned to the old
railroad bed and the old section removed. This greatly benefitted the subject
site since it moved the negative influence of traffic further away. Currently 3
of the feu corners at intersection West Avenue and County Road 21 are vacant.
All are zoned R-1 with the exception of the southeast corner which is zoned R-3.
If granted this application will undoubtedly set a precedent for the other R-1
vacant corner.
(612) 4474230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
The site itself has an orientation towards Lakeside Avenue and County Road 21.
Access will be granted only from Lakeside Avenue. The site is heavily wooded
w:.th about 10 feet of relief from Lakeside Avenue to County Load 21. This
proposal would develop the site to the maximum. Little consideration was given
to site elements in the placement of the units. The City of Prior Lake should
not cwpronise it's zoning code simply because this is a residue lot and
adjacent to a county road.
In general this proposal is beyond the carrying capacity of the site. The
possibility of four rental units in a single family residential setting, as is
the case here, is not consistent with good land use transition. This
application should be denied.
CITY OF PRIOR LA KE
APPLICATION FOR
CONDITIONAL USE PERMIT
INFORMATION
Applicant: 7loeerr�o Ueyecr� I.r>� Phonel Arr' 5-5- /?
Address:� Bnx�.�� zrrrtz L[c M f� s 5�,z
Property Owner: _4.r ti p L' o .4 Phone:
Address: �
t. .. l/, Z Phone:
Address: 121osz L. K M x7
Proposed Conditional Use Address: &VA-VEWA- -
Legal Description: jfjezfcH�l� Fxi+iair
Existing Use of Property: VAc.f.r.r LE
Property Acreage: e '. g=2 5 t) Present zoning: R
Conditional Use Being Requested:
Deed Restrictions: Noll Yes❑ If so, please attach.
Has the Appliciant previously sought to plat, rezone, obtain a variance or conditional use permit on the
subject site or any part of it: Nol$ Yes❑ What was requested:
When:
Submission Requirements
(A.)Completed application form. (B.)Complete legal description. (C.)Filing Fee: $50.00 (1983) (D.)Deed
restrictions, if necessary. (E.)Fifteen(15) copies of site plan drawn to scale showing existing /proposed
structures. (F.)Additional information as requested by the Planning Director including but not limited to: existing grades
and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed floor
plan with use indicated plus building eiN tions, landscape plan with schedule of plantings and screening, Curb cuts, driveways,
parking areas, walks and curbing. (G )Certified from abstract firm the names and address of property owners within 300
feet of the existing property lines of the subject property. (H.)Application and supportive data are due 20 days prior to any
scheduled hearing.
Unless clearly not applicable, the above information will be required prior to review of this application. /�
4 / tun / /5ubmittedthis JZ� w Signatum ' �
(.Cv"f- rra Un Pw
APPmved conditional tees must be utilized svahin a one year period of time or
may be invalidated by the Planning Cmnmtsion.
PLANNING COMFIISSION
MINUTES
MARCO 6, 1986
The March 6, 1986 Prior Lake Planning Commitsion meeting was called to order by
Chairman Larson at 7:30 P.M. Present were Commissioners Loftus, Wells, Arnold,
and City Planner Graser. Absent was Commissioner Roseth.
Motion by Loftus to approve the minutes of the February 20, 1986 minutes as
amended: page 3, item number 5, end of sentence, add "but the park fee must be
paid ", seconded by wells. Upon a vote taken, the motion was duly passed.
Item I, Northm, Inc. request for a Conditional Use Permit. Larry Gensmer and
Brad Rnthnem, property owners, were present to answer questions.
Brad Rotbnem cemented on the property shape being triangular, $28,000 owing in
back taxes, and economically have to be duplexes.
City Planner Graser oemented per memo dated March 3, 1986.
At this time audience input was called for.
Bob Robbs, We Creek Avenue, area resident cemented on the impact of two
duplexes. He felt that it would establish a rental attitude in the area and
devalue his home. It would also alter the single family residential character
of the area.
The Planning Canmissioners all felt that this proposal is beyond the carrying
capacity of the site. 2be possibility of four rental units in a single family
residential setting, as is the case here, is not consistent with good lard use
transition. The application should be denied.
At this time the applicant requested a continuation of the request.
Motion by Arnold to continue the Conditional Use Permit request by Northoo, Inc.
to April 3, 1986 at 8:00 P.M. to allow the applicant to meet with staff and if
any changes in the application area residents will be notified, seconded by
Loftus. Upon a vote taken, the motion was duly passed.
Motion by Arnold to adjourn the March 6, 1986 Prior Lake Planning Commission
meeting, seconded by Loftus. Upon a vote taken, the motion was duly passed.
The meeting adjourned at 8:15 P.M.
'OR
ii72
Valley Enginezring Co., Inc.
SUITE 120 -C, FRANKLIN TRAIL OFFICE CONDOMINIUM
16670 FRANKLIN TRAIL S.E.
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612)447 -2570
(612) 447 -3241
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CITY OF PRIOR LAKE
PLANNING COMMISSION
MINUTES
APRIL 3, 1986
The April 3, 1986 Prior Lake Planning Commission meeting was called to order by
Chairman Larson at 7:30 P.M. Present were Commissioners Arnold, Loftcs, Wells,
Roseth, City Planner Graser and City Planning Intern Deb Garross.
MOTION BY ARNOLD TO APPROVE THE MARCH 20, 1986 MINUTES AS AMMMED " page 3, end
Of page add SECONDED BY ARNOLD. UPON A VOTE TAKEN, ONE MOTION WAS DULY PASSED."
SECONDED BY WELLS. UPON A VOTE TAKEN, THE MOTION HAS DULY PASSED.
Item I, Ronald Wolfram request for a 5 foot side yard variance from the west
side property line to construct a 26 X 26 foot detached garage at 4612 Pleasant
Street SE. Mr. Wolfram was present to answer questions.
P_. Wolfram commented that with the small lot this was the only 1: tiol for a
nz garage. Mr. Wolfram presented a letter "Exhibit A" from Wayne and Anna
F_ms stating they have no objection to the garage.
City Planner Graser commented per metro dated 4/3/86. Mr. Graser also commented
that this is in the Redevelopment District but is not detrimental to the
District.
The Planning Commissioners had no problems with the variance request.
N:OITON BY POSOTH TD APPROVE THE RONALD WOLFRAM REQUEST FOR A 5 FOOT SIDE YARD
VARIANCE FROM THE WEST SIDE PROPERTY LIME TO MISTROCT A 26 X 26 FOOT DETACHED
GARAGE AT 4612 PLEASANT SORBET S.E. SINCE IT IS CONSISTENT WITH THE CHARACTER OF
THE AREA AND WILD IMPROVE THE VISUAL IMPRESSION OF THE PROPERTY BY PROVIDING A
COVERED STORAGE FOR THE APPLICANT AND THE REQUEST IS CONSISTENT WITH PREVIOUS
PLANNING COMIISSION ACTION FOR SUBSTANDARD LOTS AND BASED ON THE EXISTING
HAMJSBIP, SECONDED BY WELLS. UPON A VOTE TAKEN, THE MOTION WAS DULY PASSED.
At this time a 10 minute recess was called.
The meeting resumed at 8:10 P.M.
;1214474230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
Item II, Northoo Developa"t continuation for a Conditional Use request. Larry
Gensmer, developer, was present to answer questions.
Mr. Gensmerrcammented that they are subdividing the property into 2 single
family lots and withdrawing the previous request for two duplexes in a R -1 zoned
area.
NO NOTION WAS NECESSARY ON THIS rM.
Item III, Lakeshore Management Ordinance. City Planning Intern, Deb Garross
presented the Ordinance and commented per mono dated 3/27/86.
Tam Foster, 5283 Frost Point Circle, caamented that his tenant at Watersedge
Office Plaza had a concern over screening along the shoreline blocking view for
security reasons.
The Planning Commissioners had se,eral concerns and comments on the ordinance.
NOTION BY ARNOLD TO AE[AI! M TO THE CITY COUNCIL ADOPTION OF THE L ,".6UDRE
MKN PMWBNT OFDINANE IN ADDED POEM
page 5, under SH(SLCH 2 A. under GENERAL DEVELOPMENT STREAKS ADD
(4) EU MM TRIBunaC
GENERAL DEVELAPMlNT
page B, under C., 2. delete
'(THIS DOGS NOT INCLU E BOAT RAMPS).'
page 9, under D., 2., a. delete
• (b) PLACING THE I4kj '" FLOOR AT A LEVEL AT LERST THREE FEET ABOVE THE
fIIGiIBST MOM NATM MM. IN THOSE INMNCFS WHERE SUFFICIENT
DATA ON RM HIGH WAM UNEIS AM NOT AVAILRBLE, THE ORDINARY
HIM NATER MARK SKKALL BE USED.'
add
"(b) PLACESM OF THE LOWEST FLOOR SHALL BE AT AN ELEVATION CONSISTENNT
WITH THE STORK NAM MANAGEMENT PLAN.'
page 10, under B., 2. delete
"APW
add
•UNTIL'
add after mulch
"OR SM"
SMMED BY BOSETH. UPOR A VOTE MWEN, THE MOTION WAS DULY PASSED.
MMCN BY %)SETH TO CLOSE THE PUBLIC HEARING FOR LAKESHORE NBNASFdM ORDINANCE, .
SEOMW BY IOPIDS. UPON A VOTE TIM, THE MOTION WAS DULY PASSED.
CITY OF PRIOR LAKE
ant L
To consider a variance from the minimum lot size requirement in R-2 residential
districts from 25,000 sq. feet to 20,000 sq. feet for Lot 5 Block 1 Blohm's 1st
Addition.
MW AIUZMMSL
Ibis variance application by Northoo Inc. is to reduce the minimum lot size for
the construction of bmmbomes from 25,000 sq. feet to 20,000 sq. feet in R-2
residential districts. The applicant is proposing to construct 3 tarnhomes on
20,000 sq. feet. The intent of the minima lot size was to permit an individual
to construct 3 townhones on about 18,000 - 20,000 sq. foot lots. This would
produce a square foot to unit ratio of about 2,000 sq. feet which is consistent
with other now in the district.
This variance is being filed with a conditional use permit to permit 3 tamhomes.
In the B-2 district single and boo family are permitted. The proposed
development will be part of the twin home development directly to the north of
the subject site. The units will be similar in size and architectural
appearance.
hCaNmizaaMMMMUL
Approve the variance request since the ordinance reflects an inconsistency
between the gross dwelling units and minis m lot size. "us section should be
ameded nest time there is a petition to amend the ordinance.
NOTE. A copy of the proposed development is attached.
012)4474= 4629 DAKOTA STREET S.E. P.O. BOX 956 PRIOR LAKE. MINNESOTA 55372
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WTE CS C. VQA\ N TRNL MF,CE 6N MNIUM
�6610 TnANKLI1. TRAkL S E.
MOA tAKE. WNNEWTA 55372
TELEPMNE (612)441-nIO
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CITY OF PRIOR LANCE
PWOUNG COMMISSION
MINUTES
MAY 1, 1986
The May 1, 1986 Prior lake Planning Commission meeting was called to order by
Vice Chairman Loftus at 7:30 P.M. Present were Cb missioners wells, Roseth,
City Planner Graser and City Planning Intern Deb Garross. Camiissioner Arnold
arrived at 8:15 P.M. and Chairman Larson arrived at 8:20 P.M.
NDMON BY VELLS TO APPROVE THE APRIL 17, 1986 MINIITIES AS PRESENTED AND REVIBM,
SEOJNI= BY ROSE7H. UPON A VOTE MUM, THE MOTION VAS DULY PASSED.
At this time Vice Chairman Loftus adjourned the Planning Commission meeting.
City Manager, Michael NoWire celled the Economic Development Committee and
Planning Commission joint meeting to order to discuss the "Downtown Development
Plan'. Assistant City Manager/13=namic Development Committee Director, Dave
ttmacht presented for discussion elemmits of the plan including downtown land
use, traffic circulation and public improvements. Mr. Unmacht also discussed
the meetings that had taken place prior to the joint meeting of the Planning
Commission and Economic Development Committee.
At 8:45 P.M. City Manager Michael MoGuire closed the joint P.C. and E.D.C.
meeting.
MOTTCN BY ROSETH DIRBCPLIXi S141PF TO PRESENT TO CWNCIL THE DO MMIR LAW USE,
TRAFFIC CIRCULATION, PUBLIC I14Flm{1E14gN7TS AND GENERAL DOmino DEVELOpim
CONCEPT PLAN, SBa1DED BY ARNOLD. UPON A VOTE TAKEN, 4 AYE, 1 ABSTENTION
(LARSON - MISSED THE PRBSENTSTICN) , THE VOTE CARRIED.
Brad Rothnem commented on the request for a 3 unit development to be located on
a parcel zoned for R-2 Residential use. Mr. Rativnemm expressed that the proposed
development met with the required setbacks and was compatible with the
surrounding area. The developer also consented on the clean up effort that will
be applied to the site.
City Planner Graser commented per memo dated 5/1/86.
Fred Oakley, 4052 Grainwood Trail, commented that he would like to see the
Property value exceed $120,000.00 dollars for the development. He also
submitted comments regarding the density of the development.
Ben Baer, 15795 Eagle Creek Ave., consented on the traffic, density, clean up,
curbing, drainage and street petitioned for public maintenance.
(612) 447-4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
The Planning Cmaission cemented on the clean up of the lot, property value,
and the possibility of changing the street to a public facility.
KNION By ARNOLD TO APFADWE A OOMZTIOML EM PNRFOIT AM VARLMM FOR LOP 5
mm 1 ancoss in AD mom awmaw
1 - 7 11B PTOW CLEM UP OF 7W OMMMOR SPM AND ADJACM OONSMUCTICIN
AREA.
2. 7w me oymwL mprallows or 7RE Barmno Is comisma wi7H THE
VMM AM APPEWAVM OF 7HE TWO WMM SULLUUM.
3. 7M " MlY1R6 FOOMM or Earn (W 9w a turm mm rmffAqv woR mars
4. W&"Oft -M MM or ME 010111DINGS HE OONSWMV win WE EXISTING
S. ii 2 CRW' •4XGB.
SW
Item IV, Lakeshore Restrictions discussion-presented by staff. City Planner
Graser commented an several concerns including:
1. restriction of be(* lot access.
2. regulation of speed an Prior Lake.
3. The increase of commercial ventures an Prior Lake.
4. sorse power limitations for Prior take.
5- Regulation of the number of docks allowed per lot on PIWR Lake.
G. Easements an lots and dedicated lot usage.
7. Regulation of the number of back lot boat a ll owe d (1-10 now ).
B. Preservation of the lake.
9. Safety an the lake.
10. Lakeshore damage fee from developers.
NOTICH By ARNOLD TO DUG= SUff TO SCHEDULE A PUBLIC HERRING TO DISCUSS ME
CONCERNS OF PRIOR LMM, SBCONDED BY LARSON UPON A VOTE TAM, THE NMCN MS
DULY PASSED.
At this time a 3 minute recess was called
The meeting resumed at 10:00 P.m.
Item V, Cgr Properties request for Rezoning continued from April 17, 1986
meeting. Ted and Greg Schweich, developers, were present to answer questions.
Tied Schweich cony ented on the Rezoning and the proposal to develop a cul de sac
with 4 lots.
City Planning Intern, Deb Garross reviewed the rezoning per memo dated April 14,
1986.
At this time audience input was called for.
Andrew Franklin, 4294 Pleasant Street, presented slides of the Conservation
District sharing an overall vier of the topography, type of neighborhood,
wildlife habitat and water bodies existing in the area.
Paul Reinboldt, 16430 Duluth Avenue, 27 year resident of the area, expressed
concern over increased pollution and decline of fish life associated with the
creek. He also expressed that he did not want the wetland destroyed by
construction such as the multiple snits.
Sill Hod, 16399 Franklin Trail, commented that he had received notice the day
Of the hearing. He felt that a buffer zone should exist between the hones and
the wetland and did not feel that elevation was a justifiable rational to to
rezone a Conservation area.
Jots Sullivan, 16636 Anna Trail, had no abjection to the rezoning but he was
concerned that the continued development of these areas could set a precedent
that would be difficult to stop in the future.
Tbd Schweich, developer, cemented that the Metro sewer line runs through the
Property- Since the property was assessed, the developer contends that the
Parcel is buildable. He also clarified that he is proposing 4 single family
busmen not multiple family units.
Phoebe Clemens, 16350 Albany Ave., a 40 year resident commented that there have
been many changes over the years that have led to the destruction of natural
beauty, wildlife habitat, flowers, etc...
Qenm Nueller, 16672 Creekside Circle, commented that the wetland should be
Preserved for the wildlife. He felt that construction in this area would be a
poor idea.
Kathy Sorenson, 16535 Albany Ave., commented that they moved to the area because
of the natural characteristics associated with the wetlands. She also expressed
concern regarding the traffic flow on Albany Avenue.
Julie Sullivan, 16636 Anna Trail, commented that the construction of of multiple
family hones in the area had taken away from the natural beauty of the site and
should development continue, the area would be destroyed and she and her family
would no longer be able to enjoy it.
Ted Schweich, developer, clarified that the multi- family units the audience had
been referring to consisted of the Priorwood Development located an Five Hawks
Avenue.
Paul Aeinboldt, 16430 Duluth Avenue, commented that the destruction of a natural
habitat caused by the construction of a dam might be a questionable practice.
John Sullivan, 16636 Anna Trail, questioned whether it would be possible to
construct a road and yet maintain the wetlands. He also inquired about the
directional flew of the creek.
Sham Amiaboldt Busse c®oennted that she lived next to the wetland and would
hate to we it destroyed by allowing homes to be built along it's edge.
Mrs. Gebriel Franklin, 4294 Pleasant Street, was alarmed at the destruction of
natural wildlife in the wetland area and would like to see it preserved so that
it does not become another Bloomington, Richfield or Minneapolis.
Andrew Franklin, 4294 Pleasant Street, presented a petition signed by the area
residents and commented that the number of signatures had increased by 100%
since the previous hearing.
The Planning Commissioners had cavern over the area to be rezoned with regard
to size of area to be rezoned, buffer zone between building and wetland, a dam
for overflow, drainage, and pollution of the lake.
MMCM BY ICr= 7D DW THE Nh=W'm FMW THE 3.5 AI2h6 C -1 CONSERVATION
PAR= IW MPSD BAST' OF 90 IINIERSEQPTON OF AIBAMr AVENUE AND CAM SMW FOR
R-1 RESMa'TM USE. SB=VW BY hDSEIM. UPON A VOTE WREN, THE MMCN MRS
DULY PASSED.
MOd'IOM Sr MM ID a= Tab AIBLIC HBARM TD rMOME THE 3.5 ACRE C -1
CMMBWIQi PAID, W MW BAST OF THE IIilffiIBB= M OF ALBW AVENUE AND adW
Sf1 W FOR R-1 REEMMC AL USE. SBO=W BY WMW. UPON A VOTE TAKEN, THE
MMCN WAS DUBS PASS.
Item VI, CGT Properties request for Preliminary Plat approval of Lakeside
Estates 5th Addition. Ted and Greg Schweich were present.
NO ACTION WAS TAKEN ON THE ITEM DOE TO THE PREVIOUS MOTION TO DENY THE REZONING
MQUEST FOR THE SUWECT PROPERTY.
MOTION BY ARNOLD TO CLOSE THE PUBLIC HEARING FOR PRELIMINARY PLAT APPROVAL OF
LAKESIDE ESTATES 57H ADDITION, SECONDED BY LOTUS. UPON A VOTE TAKEN, THE
MOTION WAS DULY PASSED.
MOTION BY LOFTUS TO ADJOURN THE MAY 1, 1986 PRIOR LAKE PLANNING COMMISSION
MEETING, SEOO DED BY ARNOW. UPON A VOTE TAKEN, THE MOTION WAS DULY PASSED.
THE MEETDG ADJOURNED AT 11.45 P.M.
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R. M. (Rod) Slknk*.i h
812- 884 -2422
1- 888.928 -2749
DIGITAL SYSTEMS INCORPORATED Sm,E 1.
THE VERIPNERAL $TORE TELEIEAVIE
XOOYYIOIG'( MM SS.A
STATE OF MINNESOTA _ 4 4
COUNTY OF SCOTT
n .
Gail Svoboda, a /k /a Gail S. Svoboda
and Gail Stuart Svoboda, and
Roxanne R. Svodoba,
Plaintiffs,
vs.
Rodney N. Stankovich, Esther A.
Stankovich, Richard K. Odland and
Northco Development, Inc.,
Defendants.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
FINDINGS OF FACT
AND ORDER
COURT FILE NO. E7 -06341
The above - entitled clatter came on for hearing before the
undersigned, one of the judges of the above -named court, in Shakopee,
Minnesota, upon motion of defendants on August 11, 1987.
Carl A. Swenson, Esq., appeared for plaintiffs. James D.
Rates, Esq.,' appeared for defendants Stankovich, and Dennis E.
Dallen, Esq., appeared for defendant Northco.
The Court, having considered the arguments of counsel, and
based upon all the files,-records and proceedings herein, the Court
makes the following:
FINDINGS OF FACT
1. That the amended restrictive covenants do not prohibit
the use of the land in question as contemplated by defendants.
2. That the amended restrictive covenants, as they relate
to the issues in this case, are not ambiguous.
For the foregoing reasons, the Court makes the following:
That defsndanjj,'''1641wiloF Summary Judgment is granted,:.
I
G
and that plaintiff's Complaint is dismissed.
LET JUDMUNT HB MITERED ACCORDINGLY AMM A 30 DAY STAY.'
DATED this 13th day BY THE COURT:
of August, 1987. AAG����i .r�u�••
Garal M. Kan na
Judge of District Court
The attached Memorandum is made a part of this Order.
0
87 -06341 -2- 1
M E M O R A N D U M
Plaintiffs seek injunctive relief to prevent defendants
from using the land in question for purposes which plaintiffs
claim are not for residential purposes.
The land in question contains certain relevant restrictive
covenants as follows:
ORIGINAL COVENANTS
RESTRICTIVE COVENANTS covering Lots One (1)
through Four (4), inclusive, Block One (1), Blohm's
let Addition, situated in Scott County, State of
Minnesota.
Rachel E. Klingberg, a single woman, fee owner,
and Delbert Blohm and Delores Blohm, husband and wife,
contract purchasers, do hereby set forth and create
the following restrictions, easements and covenants
to apply to all lots contained in Block One (1) of
Blohm•s let Addition..
LAND USE AND BUILDING TYPE.
No lot shall be used except for residential purposes.
No building shall be erected, altered, placed or permitted
to remain on any lot other than one detached family
dwelling not to exceed two stories or twenty -five (25)
feet in height, whichever is the lesser, and a private
garage which shall not exceed two stories or fifteen
feet (15) in height, whichever is the lesser.
No building shall be erected, placed or substantially
altered upon any of the above identified lots until the
building plans, specifications and all incidental
87 -06341 -3-
attachments and out - buildings and plat plans showing
the location of such buildings have been approved in
writing by Delbert Slohm and Delores Slohm, or their
duly designated successors. The purpose of said
approval is to establish a construction plan for
each lot which will benefit and complement the other
dwellings in said area.
1980 AMENDMENT
AMENDED RESTRICTIVE COVENANTS
AMENDED RESTRICTIVE COVENANTS covering Lots One
(1) through Four (4) inclusive, Block One (1), Blohm's
let Addition, situated in Scott County, State of
Minnesota.
Delores Blohm, a single person, fee owner, and
Gail Stuart and Roxanne Rae Svododa, husband and
wife, the above being the owners of the entire
interest of Blohm's lot Addition, do hereby amend
those certain Restrictive Covenants, dated January
25, 2973, and filed January 30, 1973, as Document
Number 134504, as they apply to all lots contained
in Block one (1) of Blohm's let Addition.
LAND USE AND BUILDING TYPE
All property located within said Blohm's let
Addition shall be restricted in accordance with
Prior Lake Planning and .Zoning ordinances as
amended, except that the building site lying
immediately adjacent to Lot Four (4) only shall
have a single family dwelling placed thereon.
87 -06341 -4
Lot Three (3), except the southerly 25 feet thereof
and all of Lots One (1), and Two (2) may be
subdivided into not more than four separate building
lots. The lots subdivided from Lots One (1), Two (2)
and Three (3) shall be restricted to residential
buildings with no greater density than two family
connected units per lot.
1983 AMENDMENT
RESTRICTIVE COVENANTS (LOT 5) AND AMENDED
RESTRICTIVE COVENANTS (LOTS 1 THROUGH 4)
AMENDED RESTRICTIVE COVENANTS covering Lots One
(1) through Four (4) inclusive, and RESTRICTIVE
COVENANTS covering Lot Five (5), Block One (1),
Blobm's 1st Addition, situated in Scott County,
State of Minnesota.
Ronald J. Shimek and Patricia J. Shimek,
husband and wife; Daniel C. Shimak and Ray Neubel
Shimek, husband and wife; and Gail S. Svododa and
Roxanne Rae Svoboda, husband and wife, the above
being the owners of the entire interest of Blobm's
1st Addition, do hereby amend those certain Restrictive
Covenants dated November 26, 1980, and filed December
9, 1980 as Document No. 179052 in the following manner:
LAND USE AND BUILDING TYPE
All property located within said Blohm's let
Addition shall be restricted in accordance with
Prior Lake Planning and Zoning Ordinances as
amended. Lots 1, 2, 5 and 3 (except for the
87 -06341 -5
southerly 25 feet thereof) as referenced in
Restrictive Covenants dated January 25, 1973,
and filed January 30, 1973 as Document Number
134504, may not be subdivided. Lots 1, 2, 5 and
3 (except for the southerly 25 feet thereof) are
to have the following restrictions placed on them:
(a) Each lot shall have no more than one
building with a maximum of three dwelling units
herein.
(b) Each dwelling unit referenced in (a)
above shall have a minimum of 1,400 square feet
of finished living area (excluding the garage) and
an additional 400 square feet of living area which
may or may not be finished (excluding the garage.)
(c) Each building shall have cedar siding,
and shall be valued for at least $95,000.00.
(d) Each dwelling unit referenced in (a)
above shall have an attached garage.
(e) The building on Lot 3 (except for the
southerly 25 feet thereof) shall be placed as
near lot 2 and as far away from Lot 4 as possible,
but shall in any case beat least 40 feet from
Lot 4.
Defendantstake the Position that the 1980 and 1983 amendments
of the restrictive covenants clearly remove the requirement that "No
lot shall be used except for residential purposes.: Plaintiffs argue
that it was not the intent to remove the restrictions in question
when the covenants were amended in 1980 and 1983.
87 -06341 -6-
Rather, they claim, the intent was that the two amendments were
supplements to, rather than replacements of, the original covenants.
Plaintiffs indicate that they plan to introduce evidence on intent
through testirony of the scrivener who draw the amendments.
The amendments are not ambigous, and speak for themselves.
Certainly the substitution of "All property located within said
blohm'■ lot Addition shall be restricted in accordance with Prior
Lake Planning and Zoning ordinances as amended" for "No lot shall
be used except for residential purposes" does not create ambiguity.
Accordingly, parole evidence would not be admissible.
Plaintiffs contend that, taken as a whole, the language of
the annambeeents is directed to detail of "residential use ". To some
extent this may be true, but this does not overcame the clear
language which states that the property is restricted in accordance
with the city ordinances.
Plaintiffs sake no claim that defendants' proposed activity
on the land violates the ordinances. Since the language of the
amembeents is clear, the only available construction is that the
parties intended the property to be subject to the ordinances,
and accordingly defendants must be granted summary judgment.
R.W.R.
87 -06314 -7-