HomeMy WebLinkAbout4A Glendale Avenue Variance O PR IG*
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v 4646 Dakota Street SE
Prior Lake. MN 55372
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PLANNING COMMISSION AGENDA REPORT
MEETING DATE: MARCH 4, 2013
AGENDA #: 4A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE
MINIMUM LAKESHORE STRUCTURE SETBACK, MAXIMUM HEIGHT RER-
QUIREMENT, AND MAXIMUM AREA REQUIREMENT FOR A WATER
ORIENTED ACCESSORY STRUCTURE
DISCUSSION: Introduction
Russell Sampson, owner of the subject property, is requesting variances from
the minimum Lakeshore structure setback, maximum height requirement, and
maximum area requirement for a water oriented accessory structure on a prop-
erty located at 14534 Glendale Avenue. The property is located along the
eastern shores of Lower Prior Lake, west of Rustic Road. The following va-
riances are requested:
• A 30 square foot variance from the 120 square foot maximum area
requirement (Section 1104.308(c))
• A 10 foot variance from the 10 foot maximum height requirement
(Section 1104.308(c))
• A 40 foot variance from the minimum 50 foot lake setback from the
ordinary high water mark elevation (904 elev.)
Current Circumstances
The property is zoned R -1 (Low Density Residential), and is guided R -LD (Ur-
ban Low Density) on the 2030 Comprehensive Plan Land Use Map.
The applicant has constructed an accessory structure resembling a "Tiki Hut"
on the property in the Spring- Summer of 2012. According to the complaint file,
in the Fall of 2012 the City Code Enforcement Officer received a complaint re-
garding the location of the structure. Upon investigating the situation, the Code
Enforcement Officer took photos of the structure from the street (see included
photos from Sept. 19, 2012) which identified the structure at a location in viola-
tion of the lake setback requirement of 50 feet. The Code Enforcement Officer
visited the applicant at his property, and it has since been verified that the
height and area of the structure are also in violation of the Zoning Ordinance.
In the months that have followed, the Code Enforcement Officer and other City
Staff members have had multiple discussions with the applicant and his attor-
ney regarding alternatives to bring the structure into compliance with the Zoning
Ordinance. These alternatives include:
1) Reducing the height and size, and location of the structure to comply
with the Zoning Ordinance. A location near the northwest corner of the
home would be appropriate.
2) Remove the roof of the structure, thereby creating a platform deck
which is not regulated by setback or size requirements and could remain in
the same location. A temporary awning or umbrella could provide shade to
the platform deck.
3) Remove the structure entirely from the property.
Rather than pursue these alternatives at this time, the applicant has decided to
proceed with a variance request which may allow the applicant to maintain the
existing structure in its current state.
The current Zoning Ordinance which regulates Water- Oriented Accessory
Structures is as follows:
1104.308 (4) Water- Oriented Accessory Structures: One water - oriented
accessory structure may be allowed per lot on General
Development (GD) lakes that have Municipal sewer and water;
provided a building permit is obtained from the City and the
following criteria are met:
a. On riparian lots containing a slope equal to or greater
than 20% measured from the front of the principal
structure to the ordinary high water mark and verified by
a certificate of survey prepared by a registered surveyor,
one water - oriented structure meeting the criteria listed in
this subsection is permitted with a setback of not less
than 10 feet from the ordinary high water mark.
b. On riparian lots containing slopes less than 20 %, one
water - oriented accessory structure meeting the criteria
listed in this subsection is permitted with a setback of not
less than 50 feet from the Ordinary High Water elevation.
c. The structure shall not occupy an area greater than 120
square feet, and the maximum height of the structure
must not exceed 10 feet, including the roof; and
d. The structure shall be located in the most visually
inconspicuous portion of the lot as viewed form the
surface of the lake, assuming summer, leaf -on
conditions; and
e. The structure shall not be designed or used for human
habitation and shall not contain water supply or sewage
treatment facilities. However, the structure may contain
electrical and mechanical systems; and
f. The structure shall be constructed of treated materials
compatible with the principle structure and designed to
reduce visibility as viewed from public waters and
adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer, leaf -on
conditions; and
g. If the proposed structure will be located below the
regulatory flood plain elevation, the structure shall be built
compliant with applicable flood - proofing requirements of
the Building Code and Section 1105 of this Ordinance;
and
h. Trees that are 4 inches in caliper or larger should not be
removed for the erection of a water - oriented accessory
structure. If removal is necessary, replacement with like
trees shall be made with the approval of the Zoning
Administrator. Erosion control measures shall be
implemented and all disturbed vegetation replaced with
sod or suitable landscaping materials; and
The structure shall be attached to a permanent
foundation so as to be immovable from its approved
location.
j. Water oriented accessory structures not meeting the
Lakeshore required setbacks may be replaced if the
following criteria are met:
The structure existed legally on June 1, 2009;
The replacement structure is the same size,
configuration, location, building material, and height
as the structure in existence on June 1, 2009;
The existing structure is not located within an
easement, right -of -way, side yard setback, or over a
property line.
A building permit is not required for structures which do not exceed 120 square
feet; however, the City does issue free Zoning Permits to verify the location,
size, and height for structures under 120 square feet, as well as other yard fea-
tures such as fences and patios.
ISSUES: This project includes a request for one variance. Section 1108.400 states that
the Board of Adjustment may grant a variance from the strict application of the
provisions of the Zoning Ordinance, provided that:
(1) There are practical difficulties in complying with the strict terms of
the Ordinance. "Practical difficulties," as used in connection with
the granting of a Variance, means the property owner proposes to
use the property in a reasonable manner not permitted by the
Zoning Ordinance. Economic considerations alone do not
constitute practical difficulties.
It appears that practical difficulties do not exist in this case. The property
owner has alternatives for placement of the structure, and a water -
oriented accessory structure is not necessary for the property owner to
use the property in a reasonable manner as a single family dwelling use.
(2) The granting of the Variance is in harmony with the general
purposes and intent of the City Subdivision and Zoning Ordinances
and the Comprehensive Plan.
The granting of the variance is not in harmony with the general purposes
of the Zoning Ordinance. One purpose of the Zoning Ordinance is to
"promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas ". The requirements of
the water - oriented accessory structure allow for orderly development of
small structures on Lakeshore properties. The applicant has alternatives
to place this structure in a location which would meet the Zoning Ordin-
ance.
(3) The granting of the Variance is necessary to permit the reasonable
use of the property involved.
The granting of the variance is not necessary to permit reasonable use of
the property. Although a water - oriented accessory structure is certainly
permitted and anticipated as a land use on Lakeshore property, its current
size and location is not necessary for the property owner to use the
property in a reasonable manner as a single family dwelling use.
(4) The practical difficulty is due to circumstances unique to the
property not resulting from actions of the owners of the property
and is not a mere convenience to the property owner and applicant.
The practical difficulty is a direct result of the property owner's choice re-
lated to location and construction of the accessory structure.
(5) The granting of the variance will not alter the essential character of
the neighborhood or be detrimental to the health and safety of the
public welfare.
The granting of the variance would allow for the location, height, and size
of any accessory structure to be sited in close proximity to the shoreline
of Prior Lake. Approving a variance to allow such a situation could
obstruct adjacent lake views and have a negative effect on the aesthetic
appearance of the Lakeshore. While there are non - conforming water -
oriented accessory structures in the nearby area whose construction pre-
dates the adoption of the current Zoning Ordinance, the intent of the
Water- Oriented Accessory Ordinance (Section 1104.308) is to prohibit
further structures to be located in close proximity to the lake.
(6) The granting of the Variance will not result in allowing any use of
the property that is not permitted in the zoning district where the
subject property is located.
A water - oriented accessory structure is an allowed accessory use within
the R -1 (Low Density Residential) Zoning District.
(7) The granting of the Variance is necessary to alleviate an inadequate
access to direct sunlight for solar energy systems.
The granting of the variances will not be necessary to alleviate any
access to sunlight for solar energy systems.
Conclusion
City Staff believes the variance requested is not warranted in this case due to
the existence of other alternatives available that would result in a compliant
structure on this property. Therefore, City Staff recommends denial of the va-
riance.
ALTERNATIVES: 1. Approve the requested variance or any variance the Planning Commission
deems appropriate in these circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the variance because the Planning Commission finds a lack of dem-
onstrated practical difficulties under the zoning code criteria.
RECOMMENDED City Staff recommends Alternatives #3.
MOTIONS:
EXHIBITS: 1. Resolution 13 -02PC
2. Location Map
3. Survey dated 1 -8 -13
4. Structure Photos
5. Applicant's Attorney Letter dated 1 -11 -13
O � PRI
U r� 4646 Dakota Street SE
Prior Lake, MN 55372
41 / 1 NNEsdl l "
RESOLUTION 13 -02PC
CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE MINIMUM LAKESHORE
STURCUTRE SETBACK, MAXIMUM HEIGHT RERQUIREMENT, AND MAXIMUM AREA
REQUIREMENT FOR A WATER ORIENTED ACCESSORY STRUCTURE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Russell Sampson is requesting variances from the minimum Lakeshore structure setback, maximum
height requirement, and maximum area requirement for a water - oriented accessory structure at the
following location, to wit;
14534 Glendale Avenue, Prior Lake, MN 55372
Lot 1, BOUDIN'S MANOR 2nd ADDITION, Scott County, Minnesota and that part of Government
Lot 3, Section 30, Township 115, Range 21, Scott County, Minnesota, described as follows:
Beginning at the most northerly corner of said Lot 1; thence northwesterly along the
northwesterly extension of the northerly line of said Lot 1 to the shoreline of Prior Lake; thence
southerly and southeasterly along said shoreline to its intersection with the westerly extension of
the southwest corner of said Lot 1; thence easterly along said westerly extension to the
southwest corner of said Lot 1; thence northwesterly along the westerly line of said Lot 1, to the
point of beginning.
AND ALSO Lot 1, OAKLAND BEACH, Scott County, Minnesota and that part of the waterfront
as shown on said plat described as follows: Beginning at the northwest corner of said Lot 1;
thence North 89 degrees 56 minutes 05 seconds West (assumed bearing) along the westerly
extension of the north line of said Lot 1, to the shoreline of Prior Lake; thence southerly along
said shoreline to its intersection with a line drawn North 82 degrees 31 minutes 35 seconds East
along said line to the southwest corner of said Lot 1; thence northerly along the westerly line of
said Lot 1, to the point of beginning.
(PID 25- 121 - 001 -0, 25- 115 - 001 -0)
2. The Board of Adjustment has reviewed the application for variances as contained in Case #13 -102
and held a hearing thereon on March 4, 2013.
3. The Board of Adjustment has considered the effect of the proposed variance upon the health,
safety, and welfare of the community, the existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect on property values in the surrounding area and the
effect of the proposed variance on the Comprehensive Plan.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4. It appears that practical difficulties do not exist in this case. The property owner has alternatives for
placement of the structure and a water - oriented accessory structure is not necessary for the
property owner to use the property in a reasonable manner as a single family dwelling use.
5. The granting of the variance is not in harmony with the general purposes of the Zoning Ordinance.
One purpose of the Zoning Ordinance is to "promote the most appropriate and orderly development
of the residential, business, industrial, public land and public areas ". The requirements of the water -
oriented accessory structure allow for orderly development of small structures on Lakeshore
properties. The applicant has alternatives to place this structure in a location which would meet the
Zoning Ordinance.
6. The granting of the variance is not necessary to permit reasonable use of the property. Although a
water - oriented accessory structure is certainly permitted and anticipated as a land use on Lakeshore
property, its current size and location is not necessary for the property owner to use the property in
a reasonable manner as a single family dwelling use.
7. The practical difficulty is a direct result of the property owner's chosen location and construction of
the accessory structure.
8. The granting of the variance would allow for the location, height, and size of any accessory
structure to be sited in close proximity to the shoreline of Prior Lake. Approving a variance to allow
such a situation could obstruct adjacent lake views and have a negative effect on the aesthetic
appearance of the Lakeshore. While there are non - conforming water oriented accessory structures
in the area whose construction pre -dates the adoption of the current Zoning Ordinance, the intent of
the Water- Oriented Accessory Ordinance (Section 1104.308) is to prohibit further structures to be
located in close proximity to the lake.
9. A water - oriented accessory structure is an allowed accessory use within the R -1 (Low Density
Residential) Zoning District.
10. The granting of the variances will not be necessary to alleviate any hardships of the inability to use
solar energy systems.
11. The contents of Planning Case #13 -102 are hereby entered into and made a part of the public
record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the following
variances from the minimum Lakeshore structure setback, maximum height requirement, and maximum
area requirements for a water oriented accessory structure:
• A 30 square foot variance from the 120 square foot maximum area requirement (Section
1104.308(c))
• A 10 foot variance from the 10 foot maximum height requirement (Section 1104.308(c))
• A 40 foot variance from the minimum 50 foot lake setback from the ordinary high water mark
elevation (904 elev.) (Section 1104.308 (b))
Adopted by the Board of Adjustment on March 4, 2013.
Jeff Phelan, Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
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HUEMOELLER & GONTAREK PLC
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
P.O. BOX 67
PRIOR LAKE, MINNESOTA 55372
(952) 447 -2131
Fax: (952) 447 -5628
E -mail: HBG @priorlakelaw.com
ALLISON J. GONTAREK
BRYCE D. HUEMOELLER
THERESA A. PETERSON
January 11, 2013
Prior Lake Planning Commission
16220 Eagle Creek Avenue
Prior Lake MN 55372
Re: Request for variances for water oriented structure located on property at the
address of 14534 Glendale Avenue SE, Prior Lake, Minnesota
Dear Planning Commission Members:
Our client, Russell Sampson, built a structure on his property, which consists of
two lots, with the common address of 14534 Glendale Avenue SE, Prior Lake,
Minnesota. Before Mr. Sampson built this structure, he called and spoke with the City
personnel who assured him that he did not need a permit as long as the structure was less
than 120 sq. ft.
As the structure was built it became an area of close to 150 sq. ft., not intentionally
but as it was designed. A permanent permeable sunshade was added consisting of
material resembling dried palm fronds. Mr. Sampson believed he was within the code as
it was evident along the shoreline that there were many similar structures on Prior Lake.
It was only after a City enforcement officer wandered onto Mr. Sampson's
property and took measurements of the structure, that he became aware of any problems.
He had added on to his house and was keenly aware of the impervious surface issue for
his two lots and was careful to ensure that this structure on his water front was
completely pervious. When he was contacted by the enforcement officer, he was told he
was out of compliance, that a relatively new ordinance had been passed in June of 2009,
and that all the other structures he saw on the lake were grandfathered in.
In the letter Mr. Sampson received, it stated that there had been complaints made,
something that the City has since denied as Mr. Sampson asked his neighbors, all of
whom were perfectly fine with his structure. Mr. Sampson's property abuts an outlot
Prior Lake Planning Commission
January 11, 2013
Page Two
used by an Association, that has a number of non - conforming structures on it and as such
he was fairly confident that there had been no complaints regarding his. Therefore, the
only issue has been with the City, who apparently sought out this issue to cite Mr.
Sampson.
The variances requested to keep the structure are as follows:
Variance from 1104.308(4) Provide for a building permit to be issued
Variance from 1104.308(4)b Reduce set back requirement to 9 feet
Variance from 1104.308(4)c Increase the area of the structure to 150 sq. ft.
and allow for a height of 20 feet
Variance from 1104.308(4)e Allow for there to be water supply to the structure
Variance from 1104.308(4)f Allow for structure to remain as built
Variance from 1104.308(4)j Include structure as if built prior to June 1, 2009
The Ordinance cited is the one that applies to Placement, Design and Height of Structures,
specifically "Water- Oriented Accessory Structures."
Again, Mr. Sampson made inquiry before he built and was told he did not need a permit
if the structure remained under a certain square footage. While he admits that the square footage
was eventually exceeded, he certainly maintained the structure within a reasonable range.
The setback requirement of 50 feet would require Mr. Sampson to move the structure
back up against his house, certainly not a practical solution. Certainly Mr. Sampson's use is
reasonable, the structure essentially complies with the character of the locality and the similar
structures erected by his neighbors, including the outlot next door, and while he did build it, he
asked about a permit and was given information that led him to believe he was doing what was
required.
The remaining variances are to allow the structure to remain as the entertainment deck it
was intended to be, while keeping with the general lakeshore use and character.
While Mr. Sampson doesn't wish to feel he's been targeted, he was surprised to find out
that there had been no impetus for the City to come onto his property without permission except
the curiosity of the enforcement officer. A variance to the above ordinance would allow Mr.
Sampson to use his property in a reasonable manner, consistent with his neighbors and other on
Prior Lake Planning Commission
January 11, 2013
Page Three
Prior Lake, without compromising the general purpose or intent of the ordinance to prevent
unsightly, dangerous or polluting structures to clog the shoreline of Prior Lake.
Thank you for your consideration.
Very \ truly your
Lbl
Allison J. Gontarek
Enclosures
Cc: client
Sampson Variance
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14534 CLEJVDALE AVENUE \ L_ � Phone (952) 447 -2570 Suite 230
PRIOR LAKE, .MN 55372 I Land Surveyors
Fax (952) 447 -2571 16670 Franklin Trail S.E.
Planners Prior Lake, Minnesota 55372
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Legal Description as provided. (Certificate No.28770)
Lot 1, BOUDiN'S MANOR 2N0 ADDITION, Scott County, Minnesota and that part of Government Lot 3, Section 30, Township 115, Range 21,
Scott County, Minnesota, described as follows: Beginning at the most northerly corner of said Lot 1; thence northwesterly along the
northwesterly extension of the northerly line of said Lot 1 to the shoreline of Prior Lake; thence southerly and southeasterly along said
shoreline to its Intersection with the westerly extension of the south line of said Lot 1; thence easterly along said westerly extension to
the southwest corner of said Lot 1; thence northwesterly along the westerly line of said Lot 1, to the point of beginning.
AND ALSO Lot 1, OAKLAND BEACH, Scott County, Minnesota and that part of the waterfront as shown on said plot described as follows:
Beginning at the northwest corner of sold Lot 1; thence North 89 degrees 56 minutes 05 seconds West (assumed bearing) along the
westerly extension of the north line of said Lot 1, to the shoreline of Prior Lake; thence southerly along said shoreline to its intersection
with a line drawn North 82 degrees 31 minutes 35 seconds West from the southwest corner of said Lot 1; thence South 82 degrees 31
minutes 35 seconds East along sold line to the southwest corner of said Lot 1; thence northerly along the westerly line of said Lot 1,
to the point of beginning
NOTES: Benchmark Elevation 909.09 top nut of hydrant as shown hereon.
SITE DATA
EXISTING DWELLING = 3,070 SQUARE FEET
EXISTING DRIVEWAY = 1,142 SQUARE FEET
EXISTING SHED = 123 SQUARE FEET
EXISTING TIKI HUT = 145 SQUARE FEET
EXISTING CONCRETE AREAS = 430 SQUARE FEET
EXISTING BRICK PAVER AREAS = 588 SQUARE FEET
TOTAL IMPERVIOUS SURFACE = 5,498 SQUARE FEET
TOTAL PROPERTY AREA TO ELEV. 904 = 16,772 SQUARE FEET
Revised January 8th, 2013, to show existing
TOTAL EXISTING HARD COVERAGE = 32.8X tlki hut, driveway, and impervious surface
calculations. All other locations shown
hereon per prior survey dated 05/07/07.
Revised May Z 2007 to show additional
concrete removal.
I hereby certify that this Building Permit
20 0 10 20 Survey was prepared by me or under my
direct supervision and that i am a duly
L Licensed Land Surveyor under the laws of
the State of Minnesota.
SCALE IN FEET
• DENOTES IRON MONUMENT FOUND � 1 / ____
' nes ota Licens umber 42309
0 DENOTES IRON MONUMENT SET AND Dated this _82`_ day of ��e�f 2013
MARKED BY LICENSE NO. 42309
FILE 95 25 BOOK ?50 PAGE 70
GREG 0: /Drawings /9525- 2013.dwg
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