HomeMy WebLinkAbout1992 March Planning Commission Agenda Packet33M
/OF�IIR \�aJ \P HERIT.9GE COMMUNITY �J:i�.1r
1891 1991 209>
REGULAR PLANNING COMMISSION MEETING
AGENDA
MARCH 5, 1992
7:30
P.M.
CALL TO ORDER
7:30
P.M.
REVIEW MINUTES
OF PREVIOUS MEETING
7:30
P.M.
HEARING
SIDEYARD, LAKESHORE JON MCLAIN
AND LOOT COVERAGE
7:45
P.M.
DISCUSSION
ANNUAL PLANNING STAFF
COMMISSION RETREAT
• Indicates a Public Hearing
All times stated on the Planning Commission Agenda, with the exception
of Public Hearings, are approximate and may start later than the
scheduled time.
4629 Dakota St. S.E., Prior lake. Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
P Ri o '
'
HERITAGE COMMUNITY
1891 1991 209/
PLANNING COMMISSION
MINUTES
FEBRUARY 20, 1992
The February 20, 1992, Planning Commission Meeting was called to
order by Chairman Loftus, at 7:30 P.M. Those present were
Commissioners Loftus, Arnold, Wells, Roseth, Director of Planning
Horst Grazer, Assistant City Planner Deb Garross, Associate
Planner Sam Lucast, and Secretary Rita Schewe. Commissioner
Wuellner was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY WELLS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Arnold, Wells, and Roseth.
MOTION CARRIED.
I TEM II PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT AND
REZONING - WARREN ISRAELSON, PROGRESS LAND CO.
The Public Hearing was called to order by Chairman Loftus at 7:30
P.M. The public was in attendance.
Warren Israelson, owner of Progress Land Company, stated that he
is requesting an amendment to the Land Use Plan of the Prior Lake
Comprehensive Plan. The change requested is from industrial to
low density residential for 97 acres lying southeast of the
intersection of County Road 42 and 21. This application was
brought before the Planning Commission approximately two years
ago and was denied. The City then initiated an industrial site
study to determine if this site is feasible for industrial
construction.
Horst Graser presented the information as per the memo of
February 20, 1992. The applicant is requesting to change three
of the four land use designations for the subject site on the
land use plan of the Comprehensive Plan as follows:
1. Six acres of agricultural to low density residential.
2. Three acres of public open space to single family
residential.
3. Eighty -five acres of industrial to single family
residential.
The three acres of open space in the southeast corner of the
subject site is not included. The applicant has also filed a
rezoning application. In the event the Comprehensive Plan is
denied, the rezoning application becomes a mute issue.
4629 Dakota St. S.E., Prior Lake, Mirmesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
PLANNING COMMISSION MINUTES FEBRUARY 21, 1992 PAGE 2
Mr. Graser presented an illustration of the area in question
depicting the plans for the present and the future. Traffic
patterns, environmental concerns, trail systems, lake features,
and the future industrial site were discussed. Staff recommends
approval of the application with the conditions as outlined in
the planning report.
Donald Abrams, 14877 Manitoa Road NE; Obert Tufte, 14937 Manitou
Road NE; Thomas Mee, 14957 Manitou Road NE; and Edward Malone,
14969 Manitou Road NE, voiced their support of the amendment and
rezoning but were concerned that the small piece of property
connecting Manitou Road would become a future roadway. The
residents were also concerned on maintaining the natural walkway
for wildlife adjacent to the pond. Mr. Israelson stated he would
like to meet with the area residents and discuss the proposed
plat plans.
Discussion by the Commissioners were on, open space, continuation
of Manitou Road, walking trails, the amendment and rezoning would
be a better land use than industrial. Mr. Israelson was
commended on the concept for the area.
MOTION BY ARNOLD, SECOND BY WELLS, TO APPROVE THE COMPREHENSIVE
PLAN AMENDMENT FROM INDUSTRIAL TO LOW DENSITY RESIDENTIAL FOR THE
SUBJECT SITE AS OUTLINED IN STAFF'S MEMO. RATIONALE BEING THAT
THE AMENDMENT IS CONSISTENT WITH AN ADOPTED INDUSTRIAL LAND
STRATEGY PREVIOUSLY APPROVED BY THE CITY COUNCIL. THE FOLLOWING
CONDITIONS ARE TO BE INCLUDED IN THE AMENDMENT:
1. CHANGE THE LAND USE MAP FROM INDUSTRIAL TO LOW DENSITY
RESIDENTIAL.
2. INCORPORATE A TRAIL SYSTEM FROM THE NATURAL FEATURE IN
THE SOUTHEAST TO THE NORTH AND SOUTH THEREBY CONNECTING
A FUTURE RETAIL AREA TO THE NORTH AND EAST -WEST TRAIL
SYSTEM TO THE SOUTH.
3. MAKE THE EXISTING CONDITIONS MAP AN INTERIM ADENDUM TO
THE CEVELOPMENT CONSTRAINTS PLATE IN THE COMPREHENSIVE
PLAN.
Vote taken signified ayes by Arnold, Wells, Roseth, and Loftus.
MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE REZONING FROM
INDUSTRIAL TO R -1 URBAN RESIDENTIAL FOR THE 97 ACRE SUBJECT SITE
SINCE IT WOULD BE CONSISTENT WITH THE COMPREHENSIVE PLAN AS
AMENDED.
Vote taken signified ayes by Arnold, Roseth, Loftus, and Wells.
MOTION CARRIED.
MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING
ON THE COMPREHENSIVE PLAN AMENDMENT.
Vote taken signified ayes by Roseth, Arnold, Wells, and Loftus.
MOTION CARRIED. Public Hearing closed at 8:49 P.M.
PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 1992 PAGE 3
MOTION BY ROSETH, SECOND BY ARNOLD. TO CLOSE THE PUBLIC HEARING
ON REZONING.
Vote taken signified axes by Roseth, Arnold, Loftus, and Wells.
MOTION CARRIED. Public Hearing closed at 8:50 P.M.
ITEM II - JON MCLAIN - SIDEYARD AND LAKESHORE VARIANCE
Julie McLain, 5426 Fairlawn Shores Trail, stated they are
requesting a sideyard, Lakeshore, and lot coverage variance to
construct additional living space.
Sam Lucast presented the information as per memo of February 20,
1992. The applicant is requesting a 4.5' sideyard, 42.5'
lakeshore, and a 9% lot coverage variance. The subject site was
platted in 1923 and a home built in the 1940's. The area is
developed with single family dwellings located at a distance
which today would require variances. The area in the rear of the
house is very steep as is typical in neighboring lots. Variances
were granted to the previous owner. DNR has no objections to the
application. Recommendation from Staff is to approve the
requested variances.
Comments from the Commissioners were on, impervious surface
coverage, construction time frame and no objections to
variances.
MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE THE 4.5 FOOT
SIDEYARD, 42.5 FOOT LAKESHORE AND A 9% LOT COVERAGE VARIANCE FOR
5426 FAIRLAWN SHORES TRAIL. RATIONALE BEING THE DECREASE IN
IMPERVIOUS SURFACE COVERAGE, THE CONSTRUCTION WILL NOT RESTRICT
THE VIEW OF THE LAKE FOR ADJACENT HOMES, THE LOT IS A SUBSTANDARD
LOT WITH A LEGAL NON - CONFORMING STRUCTURE SETBACK, LARGER
SETBACKS FROM THE LAKESHORE AND SIDE PROPERTY LINES WILL BE
CREATED WITH THE ADDITION AND ELIMINATION OF PART OF THE EXISTING
DECK, IT IS CONSISTENT WITH THE ZONING CODE AND WOULD NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY.
Vote taken signified ayes from Roseth, Wells, Loftus, and Arnold.
MOTION CARRIED.
ITEM III - MARK MANTHEY - LAKESHORE AND SEPTIC SYSTEM VARIANCE
Mark Manthey, 609 South Market Street, Shakopee, MN, stated he is
requesting the variances for Lot 3, Howard Lake Estates, to
build a new home. Due to the setback requirements now in force
and that Howard Lake occupies one acre of the subject site,
variances are needed in order to build.
Sam Lucast presented the information as per memo of February 20,
1992. The application is for a 115 foot Lakeshore variance and a
70 foot septic system setback variance for 15220 Howard Lake
Road. The subject site is a 2.6 acre parcel located in the rural
service area adjacent to Howard Lake and County Road 17. Two
separate Zoning Ordinances Amendments have impacted the building
requirements for this lot. As a result, the hardship is
PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 1992 PAGE 4
created by the ordinance and not by the applicant. If all
setbacks and requirements were enforced the lot would not be
buildable. The parcel contains one relatively flat area on which
a pole barn is located and the house is proposed for the same
area. Lot 1, Howard Lake Estates, was granted a 100 foot
lakeshore variance for construction of a new single family home.
This lot is similar in topography and restrictions as the subject
site. DNR has no objections to the requested variances due to
the unique circumstances, however, the greatest setback possible
should be required. Recommendation from Staff is to approve the
variance application with the condition of filing a perpetual
driveway easement to ensure future access across Lots 4 and 5
from Howard Lake Road. The proposed location is a logical
building site and the variances would not be detrimental tc the
health and welfare of the community.
Comments from the Commissioners were on, combining of Lots 3 and
4, location of house, road easement, and other options should be
explored.
MOTION BY WELLS, SECOND BY ROSETH, TO APPROVE THE 115 FOOT
LAKESHORE VARIANCE AND A 70 FOOT SEPTIC SYSTEM SETBACK VARIANCE
FOR 15220 HOWARD LAKE ROAD WITH THE CONDITION THAT A PERPETUAL
ROAD EASEMENT BE FILED.. RATIONALE BEING THAT THE LOT IS
UNBUILDABLE WITHOUT THE VAaRIANCES, HARDSHIP IS CAUSED BY THE
ADOPTION OF ORDINANCES 87 -07 AND 88 -09 AND NOT THE ACTIONS OF THE
APPLICANT, AND THE VARIANCtS WOULD NOT BE DETRIMENTAL TO THE
HEALTH AND WELFARE OF THE COMMUNITY.
Vote taken signified ayes by Wells, Roseth and Arnold. Nay by
Loftus. MOTION CARRIED.
Recess called at 9:30 P.M. Meeting reconvened at 9:35 P.M.
ITEM IV - DR. CHARLES SCHWANTES -PET HOSPITAL- SIDEYARD VARIANCE
Dr. Schwantes, 4136 West 132nd St. Savage, MN, representing the
Prior Lake Pet Hospital located at 16680 Franklin Trail S.E.,
stated that due to the fact they have increased staff and
business, an expansion to the hospital is anticipated and he is
requesting a 40 foot east sideyard variance.
Deb Garross presented the information as per memo of February 20,
1992. The required sideyard setback in the B -3, General Business
District, is 20 feet. However, when a business is located
adjacent to a residential zoned lot, the setback is increased to
60 feet. The building was built under another government
jurisdiction and has a legal non - conforming setback. The
irregular, triangular shaped lot combined with the 50 foot front
yard setback and the 60 foot sideyard setback severely limits
development options. The site does have a legal non - conforming
17 foot setback to the side property line.
Staff's recommendation is to approve the 40 foot sideyard
variance. The hardship is not caused by the applicant but by the
shape of the lot. The applicant has researched all options
PLANNING COMMISSIONS MEETING MINUTES FEBRUARY 20, 1992, PAGE 5
available for construction possibilities and the proposed
application is the most logical. The variance would not be
detrimental to the community and would observe the intent of the
ordinance.
Consensus by the Commissioners were in support of the variance.
MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE THE 40 FOOT EAST
SIDEYARD VARIANCE FOR THE PRIOR LAKE PET HOSPITAL LOCATED AT
16680 FRANKLIN TRAIL. RATIONALE BEING THE APPLICATION IS
CONSISTENT WITH THE ESTABLISHED CHARACTER OF THE AREA, THAT THE
SPIRIT AND INTENT OF THE ORDINANCE WOULD BE REALIZED, AND IT
WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE
COMMUNITY.
Vote taken signified ayes by Roseth, Arnold, Wells, and Loftus.
MOTION CARRIED.
ITEM V - EZ STOP /CROWN COCO - FRONT YARD SETBACK & SIGN
ORDINANCE VARIANCE
David Miller represented Crown COCO Inc. 319 Ulysses Street,
Minneapolis. The subject site in question is the EZ Stop Station
located at 16735 Franklin Trail, Prior Lake. Mr. Miller stated
that over a year ago Crown COCO had contacted a sign company to
change the face of two signs but had neglected to pull a sign
permit. He is now requesting the variances needed to allow
continued display of the signs that are already in place.
Deb Garross presented the information as per memo of February 20,
1992. The application is for an 8 foot front yard variance from
S.T.H. 13 right -of -way, a 21 square foot sign area variance to
allow a continued display of a 96 square foot free - standing sign,
and a variance from Sign Ordinance 83 -5, Section 5 -7 -4B3 to allow
2 freestanding signs on the site where only one is permitted.
In January of 1991, 2 sign faces, a wall sign and a freestanding
"EZ Stop" sign were changed without an approved sign permit. On
January 22, 1991, a letter was sent to Crown COCO and EZ Stop
advising them of these violations. Staff met with Mr. Ray
Roemmich of Suburban Lighting to discuss the sign violations and
permit process and a solution was recommended by Mr. Roemmich.
After the meeting, Mr. Roemmich stated he would advise Crown
COCO of the relocation plan. Staff met with Mr. Miller on April
16, 1992, at which time he received the variance application
materials. On May 21, 1991, Staff again, submitted a letter to
Crown COCO and EZ Stop regarding the outstanding sign violations.
They were advised if this was not rectified by June 21, 1991, the
file would be forwarded to the City Attorney for possible
prosecution. On July 8, 1991, Staff received a letter from Mr.
Miller stating he felt the signs were not illegal and said the
permit was the responsibility of the sign hanger. The City
submitted a formal complaint to the District Court in December of
1991. As a result of that action, Court has granted a
continuance to allow the applicant the opportunity to come before
the Planning Commission with the variance application, therefore,
an on -going legal situation does exist.
PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 1992 PAGE 6
Staff recommends denial of the variance application as requested.
An alternative had been proposed by the sign contractor but was
not implemented. The application does not observe the spirit and
intent of the Ordinance and is contrary to the public interest.
The variances would provide a convenient resolution of the issue
for the applicant. However, the circumstances that the sign
ordinance is intended to prevent would be validated.
Comments from the Commissioners were, signs too close and too
many, unfair advantage for EZ Stop causing hardship to other
stations who have complied, negative precedent would be set,
ordinances are to be enforced, and all were in agreement for
denial.
MOTION BY ARNOLD, SECOND BY ROSETH, TO DENY THE VARIANCE
APPLICATION OF AN EIGHT (8) FOOT FRONT YARD VARIANCE FROM S.T.H.
13 RIGHT -OF -WAY; A TWENTY -ONE (21) SQUARE FOOT SIGN AREA
VARIANCE, AND A REQUEST TO ALLOW TWO (2) FREESTANDING SIGNS FOR
CROWN COCO INC. FOR EZ STOP STORE AT 16735 FRANKLIN TRAIL SE.
RATIONALE BEING HARDSHIP HAS NOT BEEN DEMONSTRATED, A NEGATIVE
PRECEDENT WOULD BE SET, IT WOULD NOT OBSERVE THE SPIRIT AND
INTENT OF THE ORDINANCE, WOULD NOT BE IN THE BEST PUBLIC
INTERESTS OF THE COMMUNITY AND WOULD NOT PRODUCE SUBSTANTIAL
JUSTICE.
Vote taken signified ayes by Arnold, Roseth, Loftus, and Wells.
MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY WELLS, TO ADJOURN THE MEETING.
Vote taken signified ayes by Arnold, Wells, Loftus, and Roseth.
MOTION CARRIED.
Meeting adjourned at 10:17 P.M
Hall.
Tapes of meeting on file at City
Horst Graser
Director of Planning
Rita M. Schewe
Recording Secretary
/� PRirj� HER /TAGS COMMUNITY
1891 1991
a
"VA01PC"
PLANNING REPORT
SUBJECT: Lakeshore and Side Yard Variance
APPLICANT: Jon and Julie McLain
SITE ADDRESS: 5426 Fairlawn Shores Trail
PRESENTER: Sam Lucast
PUBLIC HEARING: YES X NO
DATE: MARCH 5, 1992
SITE ANALYSIS
9�J5V- 1 "
HISTORY /BACKGROUND
T eT a s ibis a lot of record adjacent to Prior Lake,
platted in 1923, containing approximately 9,750 square feet.
Originally built in the 1940's, the structure has been remodeled
and had other additions and improvements since first constructed.
It is located in an intensely developed area with decks,
retaining walls, and stairways. The general setbacks for
neighboring homes from the O -H -W (Ordinary High Water) mark
appear to be in the fifty foot range.
The applicant is applying for a 5.5' side yard, 32.5' Lakeshore,
and a 9% lot coverage variance.
PREVIOUS PROPOSALS:
The applicant has not applied for any variances, but has been
issued building a permit. A previous owner applied for and
received two side yard variances.
PHYSIOGRAPHY:
The area the street to the rear of the house is flat to
slightly sloping. The area from the rear of the house to the
lake is very steep falling approximately twenty (20) feet in
elevation over a sixty (60) foot horizontal distance. Adjacent
lots have similar physiography.
ADJACENT USES:
The entire area is developed with single family dwellings located
at a distance which today would require variances. These
dwellings have decks and other features oriented toward the lake.
EXISTING CONDITIONS:
improvements at the rear (lakeside) of the home include a
concrete slab, deck, retaining wall, and stairways. The deck is
approximately two (2) feet from the property line on the west
4629 Dakota St. S.E., Prior Lai<e Minnesota 55372 I Ph. (612) 447 -4230 1 Fac (612) 447 -4245
side of the lot and has a privacy wall on the same side.
Stairs allow access to the back yard and beach area. The
retaining walls are located on the northeasterly and
southwesterly property lines. They are also located adjacent to
the concrete slab and shoreline.
Lot coverage by impervious surface is 40%. Section 9.3A 1 of the
Zoning Ordinance limits the impervicus surface coverage to 303 of
the lot area in the Shoreland District. The impervious surface
will be reduced as a result of this construction.
NEIGHBORHOOD ISSUES /IMPACT /CONCERNS
The neighbor ooa is an older, lake oriented neighborhood. The
addition is a reaction to the existing development patterns. The
area of the proposed addition is already in use as a deck, and
the distance from the property line and lakeshore will be
greater than currently exist.
Impacts should be reduced from those which currently exist. The
westerly side setback will increase from two (2) feet to
approximately four and one half (4.5) feet. The lakeshore
setback will increase from forty (40) feet to 42.5 feet.
However, the addition which replaces the deck may affect the
westerly neighbor. The proposed addition's walls will be taller
than the existing one.
The only concerns exist with the westerly neighbor and the
higher wall of the addition. The solid walls of the addition
will directly impact the westerly neighbor. However, Staff feels
this request is reasonable and logical because of the existing
conditions and that the views will not be damaged. The
Department of Natural Resources (DNR) has no objection to the
variances because they are farther from the lakeshore and reduce
the amount of impervious coverage.
PROBLEMS /OPPORTUNITIES
No obvious problems ms have been identified with this variance. As
previously mentioned, the higher wall will impact the westerly
neighbor.
The opportunity exists to move development farther from the
property line and lakeshore. Also the impervious surface
coverage can be reduced a small amount.
RECOMMENDATION:
After consi eying all aspects of development, and input from the
DNR, Staff recommends approval of a 5.5' side yard, 32.5'
lakeshore, and a 9 3 lot coverage ratio variance. Rationale being
the decrease in impervious surface coverage, larger setbacks from
the lakeshore and side property line. The proposal is reasonable
given the setback relationship of adjacent homes, and will not
decrease the opportunity to view the lake from abutting homes.
It is also consistent with the intent of the zoning code and is
not detrimental to the general health and welfare of Prior Lake.
waL o
PIDf ) 5 - - O ? / -° - 5
APPLICATION FOR VA RU=
ant: - A) `(•-i e /)J L l A I II/ / Home Phone: -/Yo �
B: y ' r 2•: 7'A' . - Flock Phone:
ty Owner: Home Phone: 7
at Work Phone: Or '72t -m n { /
f Ownership- F Contract Purchase Agreemen
Existing Use /�
of Property: 5;44/c Fan i / //G 'r Present Zoning: -) S
Proposed Use ` l J
of Property: i 46 V/t�Ta�l�eD
Legal Description
of Variance Site: Lo f" S Fo i /a w 1 S r eS
Variance Requested: -�5 1 61 1 e yard / O / .14R5 4a., -t
SUBMISSION REDUIRFMENI'S
(A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified from
abstract firm, names and addresses of property owners within 100 feet of the
exterior boundaries of the subject property. (E)COmplete legal�esc�iption `a --
Property Identification Number (PID). (F)Deed restrictions or private covenants, if
applicable. (G)A parcel map at 1 "- 20' -50' showing: The site development plan,
buildings: parking, loading, access, surface drainage, landscaping and utility
service.
ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING OONMIISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance.
icants Signature
Submitted this _day of :- ' 44 9..t I - �.
ee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRBLIOR
PLANNING OONMISSION _ APP%NED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPKVED _ DENIED DATE OF HEARING
CONDITIONS: n^
Signature of the Planning Director Date
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? _Yes - No
"VACIPN"
COMMUNITY
1991
NOTICE OF HEARING
FOR
VARIANCE
vT"9a V
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council 2.ambers at 4629
Dakota Street S.E. on:
THURSDAY MARCH 5, 1992 at 7:30 P.M.
PURPOSE OF HEARING: To consider a variance application
for Jon and Julie McLain of 5426
Fairlawn Shores Trail.
SUBJECT SITE LOCATION: Lot 5 Fairlawn Shores.
REQUESTED ACTION: The applicant requests a 32.5'
Lakeshore, a 5.5' side yard, and a
9% (+ -) lot coverage ratio variance
to construct additional living
space. The addition will be placed
within the area of an existing deck.
The new construction will be farther
from the lake and side
Please see attached survey.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Planning Commission. For more information, contact the
Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED
February 27, 1992
HERITAGE
/89!
4629 Dakota St. S.E.. Prior lake. Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
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I hereby certify that this sormay. plea •r repair
ws yrepeted by s• er under ey direct supaMsl0s
and that t de a duly Registered Us Surveyor
order end lam of the State of Mlesieeta.
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I hereby certify that this sormay. plea •r repair
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and that t de a duly Registered Us Surveyor
order end lam of the State of Mlesieeta.
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