HomeMy WebLinkAboutVariance 02-030
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99073~. () 1059936/115/11 TOOHEY, MARK
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530(J S. Hwy. No. 101
Minnetonka, MN 55345
Phone (952)474 7964
Phone (952) 474 M267
SHORElINE ON 6-18-99
SURVEY FOR:
MARK TOOHEY
HARO('()VER TARllLAT)()'\J
I'ROI'OS(1) 1-1ARD('OYEH
I'wp"scdllou,~ 1,7%Sq_fl
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TOTAL PROPOSED HARDCOVER .4.'143 Sq_ !-t
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SURVEYED: June, 2001 DRAFTED: June 28, 2001
REVISED: November 27, 2001 to adjust proposed dwelling size and to show a second deek.
REVISED: January 23. 2002 to show eaves and new garage size.
REVISED: February, 2002 to relocate proposed driveway and dwelling.
REVISED: March 28. 2002 to add items requested by client
REVISED: April 10, 200210 add Bluff Line, requested by client
903.8
AREA OF LOT
11,H56Sq.Fl
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% HARDCOVER
23%
SURVEY OF:
LOl 31, CANDY COVE PARK
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AND
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That part of the Southwest Quarter of the Northeast Quarter and that part of the Northwc:-;t Quarter of the Southeast
Quarter all in Section 36. Township 115, Range 22, Scott County. MinneS\lta, described a,~ follows: Commencing at the
southwesterly comer of Lot 30 in said CANDY COVE PARK; tht'flce on an a.~sumed bearing (lfSouth SO de~o-rees 23
minutes 46 seconds East along the southerly line of said Lot 30, a distance of79.95 feet more or less to tht.
southwesterly comer of said Lot 31, the point of beginning of the land to be described; thl'flCe South 22 dCJ;.'Tee; 39
minutes 18 seconds West a distance of 71.X4 teet: thence South 09 degrees II minutes 23 seconds E.ast a distance of
37.00 feet to the intersection with a line drawn South 55 degrees 37 minutes II seconds West from the somheaSll"Tly
comer of said Lot 31; thence North 55 deb'TCCS 37 minutes II seconds East a distance of 1 13.01 to the said S\lutheasterly
comer of said Lot 31; thence northwesterly along the southerly line of said Lot 31. \(I the point of beginning
LIMIT A nONS & NOTES:
The scope of our servieL"S for thi~ job is 11.<; follows:
L Showing the location orexisting improveml'fll<; we deemed important
2. Showing the topography of the site by contours and slX1t elevations.
3. The boundary information shown on this survey is takl'fl from a survey hy Valley Engineering Co.. Inc.
dated 2-1-1!7 reviscd 11-3-1!7.
4. Sho\\wg a proposed impwwIIlents and a proposed grading. drainage & erosion control plan for your review and tor
the review of sucb govl"Illml'Iltal agencies as may have jurisdiction over tltc proposaL
5. The home we show is the home you furnished us plans for except that we substituted a ba.<;eml'llt tor a crawl space to
better fit sile topography and added a del:k
6. You and your auorney should look into the title to this properly and make sure that the title you own is one and the
same with the legal description shown above and that any mattL'TS of rt'Cord. such as ea.~emt"TIl~. arc transmitted to us in
writing so thai we can show them on this survey
7. We have attempted to gain access 10 the ,ite for thc purpose of soil lcsting to detcnnine slope stability or lack thereof.
We were unable to aece;s the site with a truck in its eUTTent condition. Aftt'T you have acwmplished gnlding of the
driveway. we will attempt to teslthe S\lil again but you will need to attempt to obtain approvals for these grading
proposals and accomplish thc grading and tht'l notify us.
l!. Some of the proposcd slopes arc stet" and sod should be placed and pegged nn thc~e surtaccs as smlll as possible
after grading is complete 10 prevent erosion. The sod will need to bc watered until turf is established_ If a ground
covering vegitation is dcsired to reduce maintenance on these slopes. sl"Cd it on top ur the sod. since thc setxllilr sueh
vegitation will be washed away bcll:lre it can take root on a bare slope Silt fL'Ilee shall he in place before J;.>rading hegins_
9. The building site is entirely in the bluff
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TOP OF FOUNDA nON = 978.0
LOW FLOOR = 970.3
GARAGE FLOOR = 977.5
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I hereby certify thill this phm, specification. report or survey was prepared by me or
under my direct supervision and that I am a licensed Professional Engmeer and
Professional Survevor under the: laws (lfthe State of Minnesota.
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AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5C
CONSIDER A VARIANCE TO ALLOW
CONSTRUCTION ON A LOT NOT MEETING THE
MINIMUM LOT WIDTH AT THE OHW, VARIANCES TO
ALLOW A STRUCTURE TO BE LOCATED WITHIN
THE REQUIRED FRONT YARD SETBACK AND THE
BLUFF IMPACT ZONE, AND A VARIANCE TO THE
MAXIMUM DRIVEWAY WIDTH AT THE RIGHT-OF-
WAY LINE, Case File #02-030
5584 CANDY COVE TRAIL
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
APRIL 22, 2002
The Planning Department received a variance application for the construction of
a single family dwelling with an attached garage, as shown on the attached
survey, on the property located at 5584 Candy Cove Trail, and legally described
as Lot 31, Candy Cove Park. The following variances are being requested:
1. A 23.86' variance from the minimum 75' lot width at the Ordinary High
Water Elevation (OHW);
2. A 25' variance to the front yard setback requirement to allow the structure
to be setback 0' from the front property line rather than the minimum
requirement of 25 feet;
3. A variance to allow a structure to be located within the Bluff Impact Zone;
4. A 4' variance to allow a 28' wide driveway at the right-of-way line rather
than the maximum 24 feet.
DISCUSSION:
Lot 31, Candy Cove Park was platted in 1921. The property is located within the
R-1SD (Low Density Residential Shoreland) district, and is a riparian lot. The
applicant does not own either of the adjacent parcels. According to the survey
submitted by the applicant, Lot 31, Candy Cove Park is 21,856 square feet in
area. The lot is 81.47' wide at the front lot line, 51.14' wide at the OHW, and
L:I02FILESI02variancesI02-030Ipc report. DOC Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
approximately 274 feet deep on the shortest side. The front lot line of this lot is
located 90+ feet from the curb of Candy Cove Trail. There is an excess right-of-
way at this location that was originally part of the TH 13 right-of-way, but has
since been turned back to the City. The property to the west has an easement
for landscaping and access across this excess right-of-way; the City expects to
provide the same easements to this property. This excess right-of-way also
provides access to the lots to the east of this site.
The lot is considered a nonconforming lot of record because it does not have the
minimum required lot width of 90' at the front building line. The lot also does not
meet the minimum lot width of 75' at the OHW.
The high point of this property is 986' MSL at the north side of the lot, and
descends to 904' MSL at the lake. The lot is considered a bluff under the
Shoreland provisions of the Zoning Ordinance. The top of bluff and the 25' bluff
setback are shown on Exhibit A.
Using the required setbacks, including the front yard, side yard, and top of bluff,
this lot contains a building envelope approximately 100 square feet in area.
The applicant is requesting variances to construct a single family dwelling on this
lot, as shown on Exhibit B. The proposed dwelling is a 1 Yo story structure with a
20' by 22' attached garage. The footprint of the house and garage includes
1,796 square feet. The applicant is also proposing a 22' by 16' deck and a 19'
by 18' deck, both located on the lakeside of the house. The proposed
impervious surface on the site is 23%, which is within the allowed limits of the
Zoning Ordinance.
The applicant is proposing to place the structure on the lot so it is located 0' from
the front property line, 8.7' from the west side lot line, 11.3' from the east side lot
line, and approximately 210' from the OHW. Although the proposed structure
would be located at the front property line, it would be at least 90' from the curb
of the existing street. The applicant is proposing this setback in order to pull the
house as far out of the bluff as possible.
The structure is also located within the bluff impact zone. The applicant has
submitted a geotechnical report, prepared by a licensed engineer, which states
that slope stability is not a concern at this location. Engineer's reports are
required by the Zoning Ordinance for any lots with a bluff, and are usually
submitted with a building permit. This report was prepared prior to submittal of
the variance application to answer any questions about the stability of the bluff.
A copy of this report is attached for your information.
The DNR did not comment on this request. The City Engineering Department
comments are attached. The Engineering Department comments note that the
L:I02FILESI02variancesI02-030Ipc report. DOC
Page 2
City will grant an easement for landscaping and access across the right-of-way.
In addition, the City will be responsible for providing sewer service at the time the
building permit is issued.
VARIANCE HARDSHIP STANDARDS
1. Where by reason of narrowness, shallowness, or shape of a lot, or
where by reason of exceptional topographical or water conditions or
other extraordinary and exceptional conditions of such lot, the strict
application of the terms of this Ordinance would result in peculiar and
practical difficulties or exceptional or undue hardship upon the owner
of such lot in developing or using such lot in a manner customary and
legally permissible within the Use District in which said lot is located.
The lot was platted in 1921, prior to the existence of any Shoreland
Management requirements. The applicant has no control over the existing
width of the lot at the OHW. In addition, the bluff on this lot extends nearly to
the front property line, resulting in a building envelope of approximately 100
square feet. This is an exceptional or extraordinary condition on this lot
resulting in an undue hardship. There is no building envelope without
variances.
2. Conditions applying to the structure or land in question are peculiar to
the property or immediately adjoining property, and do not apply,
generally, to other land or structures in the Use District in which the
land is located.
The conditions applying to this lot are peculiar to this lot and to a few other
lots in the immediate area. The lot is a nonconforming lot of record.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
Granting this variance is necessary for the preservation of a substantial
property right. The lot does not contain a building envelope without
variances.
4. The granting of the proposed Variance will not impair an adequate
supply of light and air to the adjacent property, unreasonably increase
the congestion in the public streets, increase the danger of fire, or
endanger the public safety.
In staffs opinion, the granting of the variances would not impair light and air,
increase congestion in the streets or endanger public safety. The applicant
has submitted a geotechnical report prepared by a registered engineer that
L:\02FILESI02variancesI02-030Ipc report. DOC
Page 3
addresses the bluff stability at this site. The house also is set back as far out
of the bluff as possible, without going over the front property line.
5. The granting of the Variance will not unreasonably impact on the
character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area,
or in any other way impair the health safety, and comfort of the area.
The granting of the requested variances would not unreasonably impact the
character of the neighborhood.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
This is a nonconforming lot of record that does not include a legal building
envelope without the granting of variances. The applicant has submitted a
geotechnical report to address bluff stability.
7. The granting of the Variance will not merely serve as a convenience to
the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
The granting of the variances is necessary to allow a reasonable use of this
property, and to alleviate a demonstrable hardship.
8. The hardship results from the application of the provisions of this
Ordinance to the affected property and does not result from actions of
the owners of the property.
The hardship is not a result of the owner's action, but rather as a result of the
application of the ordinance.
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
The applicant has not stated a need for the variance based on increased
costs or economic hardship.
RECOMMENDATION:
Based on the above findings, the staff finds that this request meets the nine
hardship criteria. There is no legal alternative for the construction of a house on
this lot. The staff therefore recommends approval of the requested variances.
L:I02FILESI02vartancesI02-030IpC report. DOC
Page 4
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the Zoning Ordinance criteria. In this case, the
Planning Commission should direct staff to prepare a resolution with findings
denying the variance requests.
ACTION REQUIRED:
The staff recommends Alternative #1. This action required the following motion:
Motion and second adopting Resolution 02-007PC approving the requested
variances to the lot width at the OHW, the front yard setback, the bluff setback
and the driveway width.
L:I02FILESI02varlancesI02-030\pc report. DOC
Page 5
RESOLUTION 02-007PC
A RESOLUTION APPROVING A VARIANCE TO THE MINIMUM LOT
WIDTH AT THE OHW, A VARIANCE TO THE REQUIRED FRONT YARD
SETBACK, A VARIANCE TO THE BLUFF SETBACK, AND A VARIANCE TO
THE MAXIMUM DRIVEWAY WIDTH AT THE RIGHT-OF-WAY LINE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mark Toohey has applied for variances from the Zoning Ordinance to allow a single
family home to be constructed on property zoned R-ISD (Low Density Residential
Shoreland District), located at 5584 Candy Cove Trail, and legally described as
follows:
Lot 31, Candy Cove Park, Scott County, Minnesota
2. The Board of Adjustment reviewed the application for variances to the minimum lot
width at the Ordinary High Water Elevation (OHW), the required front yard setback,
to the bluff setback, and to the maximum driveway width as contained in Case #0-030
and held hearings thereon on April 22, 2002.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, the
proposed variance will not result in the impairment of an adequate supply of light and
air to adjacent properties, unreasonably increase congestion in the public streets,
increase the danger of fire, and danger to the public safety, unreasonably diminish or
impair health, safety, comfort, morals or in any other respect be contrary to the
Zoning Ordinance and Comprehensive Plan.
5. There is a justifiable hardship caused by the width of the existing lot, and by the
topography of the lot, so reasonable use of the property is not possible without the
granting of the variance.
1:I02fi1esI02variancesI02-030Ipcres 02-007pc.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNIlY' EMPLOYER
6. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right ofthe applicant.
7. The variance will not serve merely as a convenience to the applicant, and is necessary
to alleviate demonstrable hardship.
8. The contents of Planning Case File #02-030 are hereby entered into and made a part
of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following requested variance:
1. A 23.86' variance from the minimum 75' lot width at the Ordinary High Water
Elevation (OHW);
2. A 25' variance to the front yard setback requirement to allow the structure to be
setback 0' from the front property line rather than the minimum requirement of
25 feet;
3. A variance to allow a structure to be located within the BluffImpact Zone;
4. A 4' variance to allow a 28' wide driveway at the right-of-way line rather than
the maximum 24 feet.
Adopted by the Board of Adjustment on April 22, 2002.
Anthony Stamson, Commission Chair
ATTEST:
Donald R. Rye, Community Development Director
1:I02filesI02variancesI02-030Ipcres 02-007pc.doc
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HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL, #210
POST OFFICE BOX 67
PRIOR LAKE, lhum,;,SOTA 55372
Telephone: 952.447.2131
Facsimile: 952.447.5628
E-mail: huemoellerbates{@aol.com
_' .~-';' 1..(:1 U \~..____.
iw
L.
BRYCE D. HUEMOELLER
JAMES D. BATES
ALLISON J. GONTAREK
OF COUNSEL:
CHARLES C. HALBERG
March 13,2002
Prior Lake Planning Commission
16220 Eagle Creek Avenue
Prior Lake MN 55372
Via Hand Delivery
Re: Request for variances to allow a building permit for property located at 5584
Candy Cove Trail, Prior Lake, Minnesota
Dear Planning Commission Members:
Our client, Mr. Mark Toohey, purchased a non-conforming platted lot of record,
legally described as:
Lot 31, Candy Cove Park
with a street address of 5584 Candy Cove Trail, Prior Lake, Minnesota. He purchased the
lot on August 18, 1995 from Esther A. Stankovich with the intention to build a home on it, a
dream of his since childhood.
The lot is steep, sloping to the shore of Candy Cove on Prior Lake. After conferring
with the Prior Lake City Engineering and Planning Departments, Mr. Toohey's request
involves three variances to the Ordinances currently in effect:
(A) a variance from the bluff set back requirement (Ord. 1104.308(2));
(B) a variance from the width requirement at the ordinary high water mark and width
requirement at the front of the lot (Ord. 1104.302(3));
(C) a variance from the standard front yard set back (Ord. 1102.405(3)).
Prior Lake Planning Commission
Page 2
March 13.2002
At the suggestion of Planning staff, the house was moved forward on the lot to
minimize the impact on the bluff impact zone. Mr. Toohey has, as required by the City,
performed borings to establish the stability ofthe soil and the engineer's report is enclosed
with this application.
To promote the most appropriate and orderly development within the community, the
Minnesota statutes authorizes zoning ordinances and allows for the Board of Adjustment:
To hear requests for variances from the literal provisions of the ordinance in
instances where their strict enforcement would cause undue hardshin because
of circumstances uniaue to the individual property under cansideration, and to
grant such variances only when it is demonstrated that such actions will be in
keeping with the 1!nirit and intent of the ordinance.
Minn. Stat. ~462.357, Subd. 6(2) (emphasis added). Case law states that "[t]he statute is
clearly intended to allow cities the flexibility to grant variances where. . . the property
owner would like to use the property in a reasonable manner that is prohibited by the
ordinance." Rowell v. Board of Adjustment ofthe City of Moorhead_ 446 N.W.2d 917, 922
(Minn. Ct. App. 1989).
Based on the nine hardship criteria used by the Planning Commission to evaluate
variance requests, Mr. Toohey has significant obstacles to overcome under a strict
application of the Ordinances. It is only reasonable to grant him the ability to build his
modest, strategically placed dwelling as shown an the submitted drawings.
Under the first criteria, Mr. Toohey's lot is a non-conforming, steep and oddly shaped
platted lot of record. When Mr. Toohey originally purchased his property, access existed
across adjacent public property. Mr. Toohey has now been arbitrarily excluded from the use
of this original access. Based on this exclusion, Mr. Toohey has been assured by the City
that he will be granted access over and across a public right of way ("Tract C") for ingress
and egress purposes. In order to smooth this process, we have enclosed a proposed
Agreement for Private Improvement of Public Property between Mr. Toohey and the City
granting Mr. Toahey access and allowing a driveway improvement. As part of this variance
request, we respectfully ask that this Agreement be approved.
Prior Lake Planning Commission
Page 3
~arch 13.~002____~__ _m__
To overcome the practical difficulties and undue hardships associated with his
property, Mr. Toohey has developed a modest home plan which he proposes to place as far
up on his property as possible. Although the adjustment to minimize the bluff impact
created a need for a front setback variance, the buffer of Tract C was considered a mitigation
to the front setback deviation. Mr. Toohey has valiantly complied with all requests of the
City in locating his home site and his sole objective is to build a modest house and enjoy the
property he purchased.
Second, the lot and area surrounding it are steeply sloped, a condition that does not
apply generally to other land in the Use District. Soil testing has been performed at the
City's request to verify the stability of the soil (see enclosed engineer's report) and Mr.
Toohey's proposed plan places his house significantly farther back on the bluff than the
existing house to the west. Mr. Toohey has mitigated the peculiar challenges of his lot as
much as possible, possibly more than his proposed neighbors.
Third, the need for the variances is conclusive. Simply stated, without the requested
variances, Mr. Toohey is unable to build on his property. This significantly devalues the lot.
Mr. Toohey purchased a lot he was assured was "buildable." Denial of his ability to build is
a removal of a substantial property right.
Fourth, allowing Mr. Toohey to build in no way impairs the supply oflight and air to
any adjacent property. As previously mentioned, Mr. Toohey is substantially back from any
neighboring houses. His proposed plan is a modest structure, placed as far back on the
property as possible. No additional congestion will result from allowing Mr. Toohey to
build his house, no additional danger of fire or to the public safety will be created.
Fifth, while Mr. Toohey's proposed plan is modest, it is well within the neighborhood
standards. Allowing him to build in no way diminishes or impairs established property
values and will actually increase the overall presence of the neighborhood. Tract C, over
which Mr. Toohey's access will run, is unsightly and overgrown. His proposal allows for
landscaping and creating a driveway, significantly improving the curb side appearance of the
property and the entrance to the neighborhood.
Sixth, the granting of the variance request will preserve the spirit and intent of the
Prior Lake Zoning Ordinances by contravening the undue hardship created by conditions
unique to the property due to its shape and size and proximity to the lakeshore.
Prior Lake Planning Commission
Page 4
March 13.2002
Seventh, this request for variances is not a convenience but a necessity. Mr. Toohey
has worked very hard with the City Engineering and Planning Departments to bring the
house as far forward as possible and made other adjustments to bring the proposed building
within Ordinance standards. The granting of variances is necessary in order for Mr. Toohey
to build on his property.
Eighth, the strict application of the Prior Lake Zoning Ordinances to Mr. Toohey
property would provide for no buildable area. However, it was platted as a buildable lot.
Mr. Toohey had no part in the platting and purchased the property in good faith and in
reliance on the fact he could build a house on Candy Cove, his long held dream.
Finally, while the house will be expensive to build, Mr. Toohey is willing to assume
the cost and brings no argument regarding economic hardship, with the exception that if
variances are denied, the direct result is an unbuildable platted lot of record.
Based on the principles set forth under Minnesota statutes and the Rowell decision,
we believe the Planning Commission should find as follows:
I. Strict application of the Prior Lake Zoning Ordinances will result in undue
hardship with respect to Mark Toohey's property because it will preclude the preservation
and enjoyment of Mr. Toohey's property rights, by denying him the ability to build on a
platted lot of record.
2. The undue hardship results from the circumstances unique to the property because
of the shape, size and grade of the lot.
3. The undue hardship is caused by the provisions of the Prior Lake Zoning
Ordinances and is not the result of the actions of the owner, because the owner's proposed
use of the land is reasonable and the strict application of the ordinances would preclude such
reasonable use.
4. A variance preserves the spirit and intent of the Prior Lake Zoning Ordinances,
produces substantial justice and is not contrary to the public interest, because the reasonable
use is consistent in all respects with the existing and proposed land use in the neighborhood,
and provides an enhancement to the neighborhood as a whole.
Prior Lake Planning Commission
Page 5
March 13.2002
-
On behalf of Mr. Toohey, we respectfully request that the Planning Commission
approve: (1) the requested variance from the bluff set back ordinance, (2) the requested
variance from lot width requirements at the ordinary high water mark and at the front of the
lot, (3) the requested variance from minimum set back from the front of the lot, and (4) the
Agreement for Private Improvement of Public Property. This has been a protracted effort
and Mr. Toohey has had many obstacles to overcome before this request could be submitted.
He has unfailingly attempted to move within the channels provided for citizens and has
communicated his plans openly with City staff. We appreciate your consideration.
~:)~
Allison J. Gontarek
Enclosures
cc: Mark Toohey
I have reviewed the attached proposed request IToohev Variance. #02-030) for the
following:
r - ~e~~r ---I~
I Zoning
I Parks
I Assessment
, Policy
I Septic System
I Erosion Control X.
City Code
Storm Water
Flood Plain
Natural Features
Electric
~.- ~_._,._----_._------~
\( Grading
Signs
)< County Road Access
I Legal Issues
Roads/Access
Gas
Other
Building Code
I
Recommendation: Approval Denial
Comments: rrof> at ~
(i) 1'> l.....-C-P ~-\-bB-c.k/' - ~ ti-u.. ty'O-t ~ crv---
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Conditional Approval
~
Signed:
---)lA-D \J..cIJ~
Date:
-<l13107_
I ,
,
Please return any comments by Thursdav. Aoril 4. 2002, to
Jane Kansier, Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
I :\02filesI02variances\02-030\referral.doc
Page 2
.
EXPLORATORY
BORINGS
FOR
MARK TOOHEY
Job Number 0 I 0594
5300 S. County Road 101
MinnelOnka. MN 55345
Phone: (612) 4747964
ADVAJVCE SURVEYING & ENGINEERlJVG CO.
.
ST/RVEYING / ENGINEERING / GEOTECHNICAL
'oDD South County Road 101 MinnelOnKa. :VI" 550-+5
Phone 952 -+74 7964
Fax 952 -17-+ 8267
~()v~mber 20.2001
\Ir. \lark Toohey
5663 136th Str~et Court
S<lvage. \linnesota. \f.\l 55378
?11on~: 952 ~4 74860
Dear Mark:
At your request, we
soil conditions on
The following is a
have conducted a preliminary investigation of
your site at the locations you specitied.
tabulation of data about your site:
....
--- ---~----
Site Address:
---...-..-
City______
LegaLDes~r~ption:
Benchmark:
-...-----. --
Datum:
_ _-.~-_. _, n _' -_=~ _ _ _ __ __ ______ .___.~
____ ~584 Candy_Cove TrailS~
Prior Lake, Minnesota
Lot 3 L Candy Cove Trail
Top of manhole = 971.26
the North American Datum
..~-~~~.".~_...,-
----.--...-"
METHODS:
The investigation consisted of exploratory soil borings to aid in
identifving soil and water conditions. We have indicated the
- -
approximate locations of the borings on an attached site plan sketch.
Elevations are very approximate.
Borings were taken with a truck mounted CME 45 drill rig using
- - -
solid stem continuous-Hight augers. Soils encountered in the
borings were visuallv and manuallv examined in the field bv the
..... .i '" .
soils engineer. The soils are classified on the basis of texture and
plasticity in accordance with ASTM D2487 "Unified Soil
Classification System" and a chart explaining that system is attached.
RECOMjvIENDA nONS:
1 SB# I TOP I WATER FIRNI
I 1 I 974 i DRY 974
969 I DRY 969
976 I DRY 976
DESCRlPTIO:-; ')F FIRST FIR,,1 SOIL ~:-;COL:-;TERED
..,
Finn. brown sandy clay (CL). some rocks. dry
Finn. brovvn sandy clay (CU. some gravel
Finn, brown sandv clav (CL)
.,
.J
The above table is a summary of the soil boring results. The "S8#" column
indicates the soil boring number which corresponds to the attached site plan. The
"TOP" column indicates the assumed elevation at the top of the soil boring. The
"WATER" column lists the elevation at which water was encountered in the
borings immediately after the completion of the boring or if no water table was
encountered, "DRY". The "FIRM" column indicates the elevation at which
suitable soils were first encountered in the boring and the "DESCRIPTION"
column describes these suitable soils.
>
On this site, the finn brown sandy clay encountered at the surface is suitable for
the support of your proposed dwelling. It is our opinion that these suitable soils
are capable of supporting footings proportioned to exert a bearing pressure of no
more than 2000 pounds per square foot. It is also our opinion that these soils are
stable on slopes up to 1: 1 and the grading and drainage plan which shows
proposed contours and the existing topographic map, which shows the slope of the
existing site, shows slopes that are much t1atter, and it is therefore our opinion that
slope stability is not a concern for the proposal to place a home on the site as
shown by our grading and drainage plan.
STANDARD CAUTIONS & LIMITATIONS:
We measure the depth of my ground \vater that may have accumulated in the
borings immediately at completion of the borings. \Ve do not monitor ,he borings
over a pericd of time. Borings left open are a hazard to pedestrians. leave an
opening for pollutants. and quickly cave in rendering any measurements of linle
value. The water levels we observe are thus only an indication of an immediate
and rapid t10w of water into the borings indicating that drain tile system might be
over taxed in such soils. Slow intlows may not be detected and variations in
rainfall can affect ground water levels.
While it is our opinion that a properly designed and installed drain tile system and
submersible sump pump \vill keep most below grade spaces dry. and should be a
standard part of all new construction, we make no guarantees in this regard.
Of necessity. the area of the borings in relation to the area of the site and the depth
of the borings are limited_ Suggestions and recommendations of this report are
opinions based on data obtained from the borings.
If upon excavation, conditions that are not consistent with the borings are revealed,
it is agreed that you will notify us so that we may gather further information and
modify our opinion or indicate that no modification is necessary in a wrinen
addendum to this report; or failing to engage our services to prepare such wrinen
addendum it is agreed that you proceed at your own peril.
I hereby certify that is report was prepared by me or under my direct supervision
and that I am a duly Registered Professional Engineer under the Laws of the State of
Minnesota.
ADVANCE SURVEYING & ENGINEERING CO.
r;O/rn0~ Je. rP O/v~~
James H. Parker P.E. & P.S.. No. 9235, President
(CLl
, S\'v)
ISP)
(GW)
(SC)
(GC)
(SNI)
(OL)
(OH)
(Pt)
(ML)
(CH)
~
. (MH)
(GP)
(GM)
.
C~IFlED SOIL CLASSIFICATIO:'oi SYSTE:\I
lnor;p.nic cla:~ or'low to medium plasticity. gravely cla;s. sandy clays. silty da;'s. lean clays
Well ~raded ,uICds and ~ravely sands_ little or no tines
Poorly gndej :~i.lnds and g:avely sands. little or no ?ines
Well ~Taded ;ravels and ~ravel-sand mixtures_ !ittle or no ,tines
Clayey -;ands. 'iand-..:lay mixtures
Clayey gravels. ~'favel-sand-clay mixtures
Silty sands_ sand-silt mixtures
Organic silts and organic silty clays oflow plasticity
Organic clays of medium to high plasticity
Peal. muck. and other highly organic soils
Inorganic silts. rock tlour. silty or clayey tine sand
Inorganic clays of high plasticity. fat clays
Inorganic silts. micaceous or diatomaceous silts_ elastic silts
Poorly graded gravels and gravel-sand mixtures. little or no tines
Silty gravels. gravel-sand-silt mixtures
i EXPLORATORY SOIL BORI\iG LOG:;
!i)!':~G-l POJ i\.iOK.:OOI \ir.\.jcorK'!mhe\
.:08'-0 3Y D.\:E CUE'\c-
?:":t1f Lake. \Iinn~sota
CITY
,.-:_::\".\T:(J:'\
DESCR:r:iO"i
Dl::'IH
974 0
973 1
9-' 2
1-
971 .
;)
970 4
969 5
968 6
967 7
966 8
965 9
964 10
963 11
962 12
961 13
960 14
959 15
958 16
Firm, brown sandy clay (CL), some rocks, dry
Compact, brown poorly graded fine sand (SP), gravel layers
continued next page
'W - DENOTES WATER LEVEL DETECTED AT CO\;\PLETJON OF BORING.:.lAY RISE I (D~DRY)
*" - STANDARD PE>iETRA TION TEST BLOW Cm::-;T
ADV A~CE SURVEYING / ENGINEERING / GEOTECHNICAL
5300 HIGHWAY 101 SO. MINNETONKA_ MINNESOTA 55345 PHONE, 4747964
W"
11
v.
I EX?LORATORlf SOIL BORI~G LOG-#
Il,)i(;:'~.U PO] 11/08/:0(jl \!r. v[ar:, 'Jl)pi,:~\
I .'()i3"U BY D.\ iE Cc.:E:\T
Prior LJ.ke. \t[inn~sota
r'-"",,:
--..11.
.. 1::0\ Ill]!"] I DESCRiPT:C:\
957 17 I Compact. brown poorly graded fine sand (S?). gravel lavers
"'"
w"
956 18
Compact, brown well graded sand (SW)
955
19
-D-
,
1
-.;
'>
*W - DE:\OTES WATER LEVEL DETECTED AT C01vIPLETION OF BORn-iG. MAY RlSE ' lD~DRY)
*~ - STANDARD PENETRATION TEST BLOW COlsr
ADVANCE SURVEYING / ENGINEERING / GEOTECHNICAL
5300 HIGHWAY 101 SO. :'vIlNNETONKA.. MINNESOTA 55345 PHONE: 4747964
1 I
V'
I EXPLORATORY SOIL BORl:..JG LOG ~
1,,'::""-1 POJ :, {)8,20tl! \"Ir. \"Iark Taaile\
.:"8'-0 BY D.';"E CLlE~T
Prior Lake. .\tlinnesotJ
CITY
;_:. \\ :IO'>:
DESCRIPTIO]\;
DI:PTH
969 0
968 1
967 2
Firm, brown sandy clay (eL), some gravel
966 3
965 ~
964 5
963 6
962 7
961 8
960 9
959 10 Compact, brown well graded sand (SW)
958 11
957 12
956 13
955 14
954 15
953 16 Compact, brown poorly graded fine sand (SP)
continued next page
'IV - DENOTES WATER LEVEL DETECTED AT COMPLETION OF BORI"G. :VIA Y RISE I (D=DRY)
'" - STA"DARD PE:-':ETRATION TEST BLOW COCST
IADVANCE SURVEYING / ENGINEERING / GEOTECHNICAL
5300 HIGHWAY 101 SO. MINNETONKA. MINNE50T.'; 55345 PHONE: -17-17964
\v;:
1]
y'
IE:-XPLORATORY SOIL BORl"\iG LOG:;
1')!IJ~".l po.!
I .iI)!3'\;O BY
II 0S':OOI
D,-\TE
\-Ir. \Iark T ,)ohe\
CLlE:\.T
Prior Lake. \Iinne~ota
CITY
:; l::\"\;'!(),
DESCR.!PT!O'-J
:)]j'TH
952 17
951 18 Compact, brown poorly gracled fine sand (SP)
950
19
'W. DDiOTES WATER LEVEL DETECTED AT COMPLETIO;--; OF BORING. MAY RISE I (D=DRY)
'" - STANDARD PENETRATION TEST BLOW COIo"NT
I ADVANCE SliRVEYING / ENGlt"EERlNG / GEOTECHNICAL
5300 HIGHWAY 101 SO. MINNETONKA. MINNESOTA 55345 PHONE: 4i47964
W'
-D-
2]
1
j
".:,'
I EXPLOR..I\ TORY SOIL BORI~G LOG #
1"11):','-" POJ 11.08,:"0; \1,-. \1ark Toohev
.IOt, "0 BY D.H!: CLlE:-T
P;lor Lake. \'[innesora
CITY
,\_'. ;()'( :)[-:PTI-l
9'"'6 0
DESCRiPTION
975
974
2
973
.
;)
9i2
4 Firm, brown sandy clay (CL)
971
5
970
6
969
~
I
968
8
9
967
966
10
965 11 Compact, brown poorly :;:raded sand (SP), some :;:ravel
.
964
12
963 13
962 14
961 15
Compact, brown well :;:raded sand (SW)
960 16
continued next page
'w - DE:\OTES WATER LEVEL DETECTED AT COMPLETION OF BORl0iG. MAY RISE! ID~DRY)
":\ - STANDARD PE:\ETRA TION TEST BLOW COL'NT
ADVA~CE SURVEYI~G I E~GINEERING I GEOTECHNICAL
5300 HIGHWAY \01 SO. MI"NETONKA. MlNNESOT A 55345 PHONE: 4747964
\\ "
31
'i.
I EX?LORA, TORY SOIL BORING LOG #
31
j:\1':-:::,)...1. POJ I ];1)8, :01) I \llr. \lIar:'" T\)nh.:\ Priur Lak~. \tlinnesota
.l'lJV) 3'1 DATE CLlE\:T CITY
... \'\: (:\ ~)lJ"!ll DESCRIPTiU\ W" ,",'
')59 Ii Compact. brown well graded sand (SW)
958 18
957 19
956 20
955 21 Compact, brown poorly graded fine sand (SP)
954 22
953 23
952 24 -D-
'W - DI::-;OTES WATER LEVEL DETECTED AT COMPLETION OF BORING. MAY RISE! (D~DRY)
"N - STANDARD PE",ETRA TION TEST BLOW COUNT
I ADVANCE St:RVEYING / ENGINEERING I GEOTECHNICAL
5300 HIGHWAY 101 SO. MINNETONKA. MI~'NESOTA 55345 PHONE: 4747964
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L:\TEMPLA TEIFILEINFO.DOC
?
(
7
(7
Proposed viM-
t) "26'
g,.7 I
ID,C( I
- I
I
I
I
Residential Building Permit Checklist
New Construction for Single or Two-family Dwellings in R-l or R-2
BY: 0/.
c>~
Building Permit #
Site Address:
Date:
3/tce 107-
PID:
Zoning:
Legal: L
:)(
Subdivision: ~ ~ M
Existing Nonconforming Structure? YES or;;;J
B
Existing Structure?
,
YES or~
CONFORMS TO ZONING
ORDINANCE
NO
YES
Yard Setbacks: NOT APPLICABLE I FAILS
MEETS CODE
Requirement
I" Front Yard
(setback average if in-fill lot)
I" Side Yard
(25' if abutting a street)
I" Side Yard
(Easements)
I" Rear Yard
(Easments)
I" Sidewall exceeding 50 feet required additional
side setback of2" for every foot over 50' long
I" From 100 year flood elevation of Wetland
I"
25'
10'
10'
25'
Wall over 50'?
30'
From OHW (Prior or Spring Lake)
I 75' or setback average of adjacent
structures no less than 50"
Yard Encroachments: NOT APPLICABLE I
FAILS I MEETS CODE
I Eaves and Gutters no more than 2 feet in width and
no closer than 5 feet to a lot line (Easements).
I NC and other equipment cannot encroach on
interior side yards.
I Lot Coverage (Structures Only)
~
~~
I Lbl
I t~
~)b~
30% Maximum
<
Significant Trees: NOT APPLICABLE I FAILS
MEETS CODE
" Total Caliper Inches
I" Can remove 25% ofT.C.I.
I" Caliper Inches Removed
I" Caliper Inches Preserved
I" Replacement
I
Proposed
Requirement
'Vd
L:\TEMPLA TEIBLDGLIST.DOC
PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
I. / OPEN FILE- Date Received:
C1 / Assign file number
t') rpen and label file folder
~ Create file directory under variances
\11. ~ECK APPLICATION FOR COMPLETENESS
I ff 90mpleted application, including the appropriate signatures
I (..Y'" Filing Fee
I () ~ecessary attachments (survey, house plans, contours, etc.)
VList and labels of property owners within 350' (verify map and
radius)
10
10
1111.
I
~
B.
~
M'
Written description of specific variances requested
Are all the requested variances included?
WITHIN 10 BUSINESS DAYS:
A. Incomplete application (1:ltemplatelvariancelincomplt.doc)
Notify applicant by mail of incomplete application and list
necessary submittals in order to make application complete
Complete Application (1:ltemplatelvariancelcomplete.doc)
Notify applicant by mail that application is complete.
includes:
~ Tentative meeting date, time and location
~ Applicant is expected to attend meeting
~ Extension of 60 day action date to 120 days
Letter
I:\template\variance\varcheck.doc
:061tfZ - ?4---
G/
31~M-- ~
~
(
& I
N-o
~I
-5/7
..-.::::'1
/"" \.vi
{/
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.1
/
1
PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
IV. ~EPARE REFERRALS (I:\template\variance\referral.doc)
C)/ Send referral notice of application to list of agencies and
~partments.
(~ /'1c1ude DNR if located in a Shoreland or Flood Plain District
("1 )"c1ude County Highway Dept. if adjacent to a County Road
W Include other agencies as appropriate
JI :\template\variance\hearnote .doc)
4Y
'lit/&- ~ :5k-
V. PREPARE HEARING NOTICE FOR PUBLICATION
Notice includes:
~ Correct meeting date
~ Legal description of property
~ Property Address
~ Description of variance requests
~ Send notice to Prior Lake American by 12:00 NOON on
Wednesday 3 weeks prior to meeting date
\
V
VI. PREPARE HEARING NOTICE FOR MAILING
Q)lemplate\variance\mailnote.doc)
~ Notice includes:
~ Correct meeting date
~ Legal description of property
~ Property Address
) Description of variance requests
~ Yerify map and radius again!
if Label or type envelopes
~i1 notices at least 10 days before hearing date
Notice must be mailed to:
~ Property Owner's List
~ Applicant
~ Property Owner (if other than applicant)
~ DNR (Shoreland or Flood Plain applications)
Lilli! n- - Zl-1.
I
\/
I:\template\variance\varcheck.doc
2
PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
VII. PREPARE PLANNING REPORT
~ Report includes: (I:\templatelvariancelvarrpt.doc)
~ ~Ievant Facts (including any previous actions or variances)
~uggested Findings
(1 Staff Recommendation (including any conditions)
W Resolution for Planning Commission adoption ( see
I :Itemplatelvariancelappres.doc or I :Itemplatelvarianceldenyres.doc)
~/ocation Map
(1 Survey/Site Plan
(~Opy of hearing notice and/or application
(f Other Exhibits
B. Submit report to supervisor by Tuesday before
hearing date
C. Mail a copy of the staff report and agenda to the
applicant (and to the property owner, if different than
. . / the applicant)
~ The cover letter should include the meeting date, time and
location, and the fact that the applicant is expected to be present.
VIII. FOLLOWING PLANNING COMMISSION DECISION
A. If APPROVED:
( ) Prepare Assent Form (1:ltemplatelvariancelassent.doc)
( ) Resolution signed by Planning Commission Chair
() Resolution signed by Planning Director
() Signed and certified resolution and assent form sent to applicant
for recording (see I:\templatelvarianceltruecopy.doc for certification form)
( ) Applicant returns recorded copy of resolution and assent form or
other proof of recording
l:\template\variance\varcheck.doc
.
lY
L{ltb/&-~ 7/~
Lj;/!~
3
PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
""'
fDE~ ( i/4-Li-0J CJO (t~
Resolution signed by Planning Commission Chair ;1
() Resolution signed by Planning Director LA9J--lltl
~. In SHORELAND or FLOOD PLAIN DISTRICT:
G)"" Send copy of resolution to DNR within 10 days of Planning
Commission decision
IX. CLOSE FILE
-
G-r' ~d header to file folder
W Signed and recorded copy of resolution
~ ~ed and recorded copy of assent form
~ Planning Commission Minutes
() Enter in Property Management
I:\template\variance\varcheck.doc
6/13/tl. ~24--
I
~
$/lllc-( ~
4
-----ofSTRIBUTE TO:--i ~ IUAPP[ft:AfiONFOR:~-,]1
- Frank Boyles ~ ~I~ -Bud osrnundsonuul. -1- . Administrative Land Division
Sue Walsh ! ~ Sue McDermott Comprehensive Plan Amend.
Ralph Teschner II Conditional Use Permit
1 Home Occupation
Rezon ing
Site Plan
Preliminary Plat
PUD
Final Plat
~ Variance
Vacation
I PROJECT NAME:
I APPLICANT:
I CONTACT PERSON:
I
I PIO#:
LOCATION:
I EXISTING ZONING:
I
I,
I ~
! ~
II ~
!
! ~
I~
I
I
I~
I
I
I
Bob Hutchins
Don Rye
Jane Kansier
DNR - Pat Lynch
County Hwy. Dept.
MNDOT
SMDC
Mediacom Cable
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
Toohey Variance (Case File #02-030)
An application for a variance to the front yard setback and the
bluff setback on the property located at 5584 Candy Cove
Trail.
Mark Toohey
Alison Gontarek, Huemoeller & Bates
952-447-2131
SITE INFORMATION
25-027-022-0
5584 Candy Cove Trail. The property is legally described as
Lot 31, Candy Cove Park, and is located on the north side of
TH 13 and on the east side of Candy Cove Trail.
R-1SD
I ~
I~
Fire Chief
Bill O'Rourke
Minnegasco
Watershed Dist.
Telephone Co.
Electric Co.
Met. Council
i
! Date Received _u_ 3/29m- Date Distributed
Complete Application 4/11/02 Date Distributed to
Date DRC
Publication Date 4/6/02 Tentative PC Date
! 60 Day Review Date
4ifi702 -Date Due
4/11/02 DRC Meeting
4/17/02
NA
4/22/02 Tentative CC
Date
NA
6/11/02 Review Extension 8/11/02
1:102filesI02variancesI02-030Ireferral.doc
Page 1
I have reviewed the attached proposed request (Toohev Variance. #02-030\ for the
following:
1- -Water
1 Sewer
1 Zoning
1 Parks
I Assessment
Policy
I Septic System
1_ _Erosion Control
City Code
Storm Water
Flood Plain
Natural Features
Electric
Grading
Signs
County Road Access
Legal Issues
Roads/Access
I
Gas
Other
Building Code
Recommendation:
Approval
Denial
Conditional Approval
Comments:
Signed:
Date:
Please return any comments by Wednesday. Aoril17. 2002, to
Jane Kansier, Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:I02filesI02variancesI02-030Ireferral.doc
Page 2
I have reviewed the attached proposed request (Toohev Variance. #02-030) for the
following:
"--I~:~:~- ~ ~ -~~ T ~:Zr~~~te;- ~- - ~;d~ng-------il
I Zoning I Flood Plain )C County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
I I Septic System I Gas
, I Erosion Control X I Other
b... _~_~_ ._~~~___~_ ~_~_ ____ __~_
Building Code
-~
I
____=_____ t,
Recommendation: Approval Denial Conditional Approval
Comments: n-6Pab ~
iT) 'RJl'.c-p 9..~/'~ "'~ ~-\- ~ (5'y-o
~ <A. A . ~ J ('fL'v-' ~ -kD ,--,had 1~a.A:J L5.
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(z:) G:-~ LS (J...C,c,U)~
ti> r<....(r;:vI~..^"caJ tj"'f~' k;L." hOQ~ ~\f~r~
\.:,"'~ /I ~5'~dJ "~_q,,~~"n^ ..,;;:r;;-j-;~ ~
~ _ ~~ "': J---1 ~ ts 0 ~. ,., -f f>._ t" -:rJ /' J ^",",^-J
(<-I) M' ~ d\ , I ~ n~,,,^.:.::k (>~+
"~'ll a :-:!t-~ --;-rl"'~ .Ul~ /..q-{
P '/ ~. --< - "'.:'.~._A, nRrSl5/ )
(if; ~.L")t'"\ \ \ <:. I ~~~ ho - - L>-d<; (11_/"V'- 4Y '^. I) A-
I .,..,.J) . <. <'~I .~~ .,; () ~lJ"A._. d 00
. \ I .
,Orv- n~ ~'"\ ~-\- lJ-lC-S c...-=;<,ft.,'S< d' ).<Y'
.c P...l ..Y A, -+ 1_~'Y"I...b.J A: -+-14.. f~ < F? ,... ~ c a.....L1 oC:...-*^-';"....a\ I ,_~\_~c_ ~ .-:-- )
.L,<'A ~,-^e.l> r-_ _~--"'. J.Jr4' t..::.k:. __ ,~-. I.J "d. ._ '" 4 .,." r,:;.-'.,,:) \) Oi.o
-<.1.."'-. ~i~'~.P..H. ,...')~ \ ~ k:x. I .\ '~-D n.'. _~~
~---.a.,,; ;, \ _
L~ n--W-o\. J D rJ , --...J
Signed:
--7LU) ~J)~
Date:
.q/3J()7
I I
-
Please return any comments by Thursdav. Aoril 4. 2002, to
Jane Kansier, Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\02filesI02variances\02-030\referrai.doc
Page 2
EXPLORATORY
BORINGS
FOR
MARK TOOHEY
Job Number 010594
5300 S. County Road 101
Minnetonka, MN 55345
Phone: (612) 4747964
ADVANCE SURVEYING & ENGINEERlJVG co.
SURVEYING / ENGINEERING / GEOTECHNICAL
"300 South County Road 101 Minnetonka. MN 55345
Phone 952 474 7964
Fax 952 474 8267
:\ovember 20. 2001
'vIr. Mark Toohey
5663 l36th Street Court
Savage. Minnesota iVIN 55378
Phone: 9524474860
Dear Mark:
At your request. we
soil conditions on
The following is a
have conducted a preliminary investigation of
your site at the locations you specitied.
tabulation of data about your site:
Site Address:
City_un
Legal Qescriptiol1:
Benchmark:
--------
Datum:
5584 Candy Cove Trail SE
--"--"- - . _._---~-_._---
Prior Lake, Minnesota
-...----------------
Lot 31, Candy Cove Trail
-_.._....---~
Top ofITl~ole =2]}.26
the North American Datum
'""''';''''''''';;",_':_#",''-.'~''f'''
..,..,-',
.
.=~
METHODS:
The investigation consisted of exploratory soil borings to aid in
identifying soil and water conditions. We have indicated the
approximate locations of the borings on an attached site plan sketch.
Elevations are very approximate.
Borings were taken with a truck mounted CME 45 drill rig using
solid stem continuous-night augers. Soils encountered in the
borings were visually and manually examined in the field by the
soils engineer. The soils are classified on the basis of texture and
plasticity in accordance with ASTM D2487 "Unified Soil
Classitication System" and a chart explaining that system is attached.
RECOMMENDATIONS:
..,
.J
WATER FIRM
DRY 974
DRY 969
DRY 976
I
Finn. brown sandy clay (CL). some rocks. dry I
Finn. brown sandy clay (CL). some gravel I
Finn, brown sandy clay (eL) I
SB#
1
2
TOP
974
969
976
DESCRIPTIOCi OF FIRST FiR,,1 SOil ECiCOL:'-iTERED
The above table is a summary of the soil boring results. The "SSW' column
indicates the soil boring number which corresponds to the attached site plan. The
"TOP" column indicates the assumed elevation at the top of the soil boring. The
"WATER" column lists the elevation at which water was encountered in the
borings immediately after the completion of the boring or if no water table was
encountered, "DRY". The "FIRM" column indicates the elevation at which
suitable soils were first encountered in the boring and the "DESCRIPTION"
column describes these suitable soils.
On this site, the tinn brown sandy clay encountered at the surface is suitable for
the support of your proposed dwelling. It is our opinion that these suitable soils
are capable of supporting footings proportioned to exert a bearing pressure of no
more than 2000 pounds per square foot. It is also our opinion that these soils are
stable on slopes up to 1: 1 and the grading and drainage plan which shows
proposed contours and the existing topographic map, which shows the slope of the
existing site, shows slopes that are much t1atter, and it is therefore our opinion that
slope stability is not a concern for the proposal to place a home on the site as
shown by our grading and drainage plan.
STANDARD CAUTIONS & LIMITATIONS:
We measure the depth of any ground water that may have accumulated in the
borings immediately at completion of the borings. We do not monitor the borings
over a period of time. Borings left open are a hazard to pedestrians. leave an
opening for pollutants. and quickly cave in rendering any measurements oflinle
value_ The water levels \Ne observe are thus only an indication of an immediate
and rapid now of water into the borings indicating that drain tile system might be
over taxed in such soils. Slow intlows may not be detected and variations in
rainfall can affect ground water levels.
While it is our opinion that a properly designed and installed drain tile system and
submersible sump pump will keep most below grade spaces dry, and should be a
standard part of all new construction, we make no guarantees in this regard.
Of necessity. the area of the borings in relation to the area of the site and the depth
of the borings are limited. Suggestions and recommendations of this report are
opinions based on data obtained trom the borings.
If upon excavation, conditions that are not consistent with the borings are revealed,
it is agreed that you will notity us so that we may gather further information and
modity our opinion or indicate that no modification is necessary in a wrinen
addendum to this report; or failing to engage our services to prepare such wrinen
addendum it is agreed that you proceed at your own periL
I hereby certify that is report was prepared by me or under my direct supervisIOn
and that I am a duly Registered Professional Engineer under the Laws of the State of
Minnesota.
ADVANCE SURVEYING & ENGINEERING CO.
Yanruc/y
James H. Parker P.E. & P_S., No. 9235, President
fe.
rP a,~'0
(CLl
!SW)
(SP)
(GW)
(SC)
(GC)
(SM)
(OL)
(OH)
(PI)
(ML)
(CH)
(MH)
(GP)
(GM)
UNIFIED SOIL CLASSIFICATION SYSTE:\I
Inorganic clays orlow to medium plasticity. ~rr::lvely clays. sandy c1:.l.Ys. silty clays. lean clays
Well graded sands and gravely sands. little or no tines
Poorly gr:.ldeJ sands and gravely sands. little or no tines
Well !,>raded gravels and gravel-sand mixtures. little or no/ines
Clayey sands_ sand-clay mixtures
Clayey gravels. brravel-sand-clay mixtures
Silty sands_ sand-silt mixtures
Organic silts and organic silty clays oflow plasticity
Organic clays of medium to high plasticity
Peal. muck. and other highly organic soils
Inorganic silts. rock !lour. silty or clayey tine sand
Inorganic clays of high plasticity, fat clays
Inorganic silts. micaceous or diatomaceous silts, elastic silts
Poorly graded gravels and gravel-sand mixtures, little or no fines
Silty gravels. ,,>ravel-sand-silt mixtures
EXPLORATORY SOIL BORI:'-JG LOG ':/-
I!l):'''.! POl IJ/OX,200J '"Ir. '"Iark Tuohev
j()B'\O BY D.\ fE CUE'\T
i);-ior Lake. Vlinnesota
CITY
:L~~\" .Yr;o:'\i m".1'Tl-l
97~ 0
973 1
972 2
971 3
970 4
969 5
968 6
967 7
966 8
965 9
964 10
963 11
962 12
961 13
960 14
959 15
958 16
DESCRIPTiON
Firm, brown sandy clay (CL), some rocks, dry
Compact, brown poorly graded fine sand (SP), gravel layers
continued next page
'w - DENOTES WATER LEVEL DETECTED AT COMPLETION OF BORING.:v!AY RISE! (D~DRY)
''I - ST ANDNill PENETRATION TEST BLOW COl:NT
ADY ANCE SURVEYING / ENGINEERING / GEOTECHNICAL
5300 HIGHWAY 101 SO. MINNETONKA. MINNESOTA 55345 PHONE: 4747964
W..-
..
IJ
N*
EXPLORATORY SOIL BORING LOG #
:J i i)~94 pal
JUi3;\O BY
11/081200 I \lr. .\larK Tuolle'
DATE CUE:\T
Prior Lake. \Iinnesota
CITY
'.1 YIO"" DEI'n1 DESCRIPTiO"
957 17 I Compact. brown poorlv graded fine sand (SP). gravel lavers
W*
956 18
Compact. brown well graded sand (SW)
955
19
-D-
*W - DE:\OTES WATER LEVEL DETECTED AT COMPLETION OF GORING. MAY RISE! (D=DRY)
*N - STANDARD PENETRATION TEST BLOW COl;;-iT
ADVANCE SURVEYING / ENGINEERING / GEOTECHNICAL
~300 HIGHWAY 101 SO. MINNETONKA. MINNESOTA 55345 PHONE: 4747964
11
N*
I EXPLORATORY SOIL BORING LOG #
I (J i ()~O...j.
I:os:\o
PO]
BY
'vIr. 'vI ark T oohev
CLIE"T
I i,OS12001
DATE
Prior Lake. 'vlinnesota
CITY
iL.U.\I,\i";()"
DESCRIPTION
DEPTH
969 0
968 1
967 2
966 3
Firm, brown sandy clay (eL), some gravel
965 4
964 5
963 6
962 7
961 8
960 9
959 10 Compact, brown welI graded sand (SW)
958 11
957 12
956 13
955 14
954 15
953 16 Compact, brown poorly graded fine sand (SP)
continued next page
*W - DENOTES WATER LEVEL DETECTED AT COMPLETION OF BOR1NG. MAY RlSE I (D~DRY)
*" - STANDARD PENETRATION TEST BLOW COUNT
ADVANCE SURVEYING I ENGINEERING I GEOTECHNICAL
5300 HIGHWAY 101 SO. MlNNETONKA. MINNESOTA 55345 PHONE: 4747964
\v"
21
~ol::
I EXPLORATORY SOIL BORl?--iG LOG #
lilI05'>.)
I J08;\0
POJ
BY
I 1,08/200 I
DATE
:VIr. \tlark Tnohe\'
CLIE",
Prior Lake. \Iinnesota
CITY
;'.IlX\T10N
DESCRIPTION
DEPTH
952 17
951 18 Compact, brown poorly graded fine sand (SP)
950
19
'W - DE:-<OTES WATER LEVEL DETECTED AT COrvlPLETIO:-l OF BORING. MAY RISE ! (D~DRY)
':-< - ST A:-IDARD PENETRA TTON TEST BLOW COUNT
IADVANCE SURVEYING / ENGINEERING / GEOTECHNICAL
5300 HIGHWAY 101 SO. MINNETONKA. MINNESOTA 55345 PHONE: 4747964
W"
-D-
21
:-,':;'
EXPLORATORY SOIL BORING LOG #
il!O:"l..l POJ
j()!J'jO BY
11,08,:001
DATE
\>1 r. 'vlark T oohev
CLIENT
Prior Lake. 'vlinnesora
CITY
. ;.;: \' . I. ~ i () :\
DESCRIPTION
DEPTH
976 0
975 1
974 2
973 3
972 4 Firm, brown sandy clay (CL)
971 5
970 6
969 7
968 8
967 9
966 10
965 11 Compact, brown poorly graded sand (SP), some gravel
964 12
963 13
962 14
961 15
Compact, brown well graded sand (SW)
960 16
continued next page
'W - DE:-.iOTES WATER LEVEL DETECTED AT COMPLETION OF BORING. MAY RISE I (D~DRY)
'" - STANDARD PENETRATION TEST BLOW COLI'IT
ADVANCE SURVEYING / ENGINEERING / GEOTECHNICAL
5300 HIGHWAY 101 SO. MICJNETONKA. MINNESOTA 55345 PHONE: 4747964
\\ *
31
N*
I EXPLORATORY SOIL BORING LOG #
In' ~ i:' i.)..l
POl
BY
\Ilr. :Ylark T\){)he~
CLlE"T
I ] /08,200 I
DATE
Prior Lake_ ?vlinnesota
CITY
.:(',8"0
!.:, \ \ ,;(" "FI'!1l DESCRIPTIO"
959 17 Compact, brown well graded sand (SW)
'k*
958 18
957 19
956 20
955 21 Compact, brown poorly graded fine sand (SP)
954 22
953 23
952 24 -D-
'W - DE0:0TES WATER LEVEL DETECTED AT COMPLETION OF BORING. MAY RISE I (D~DRY)
." - STANDARD PENETRATION TEST BLOW COUNT
I ADVANCE SURVEYING / ENGINEERING / GEOTECHNICAL
5300 HIGHWAY 101 SO. MINNETONKA. MINNESOTA 55345 PHONE: 4747964
31
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L:\TEMPLA TEIFILEINFO.DOC
Planning Case File No. Cd... - 0 3>D
Property Identification No. -GJb ... ~.:j-- 0>>' b
City of Prior Lake
ZONING/LAND USE APPLICATION \
WlRI 3 3m :1
,.
Type of Application
iW'\ ..... lL:,. l
I.~
Brief description of proposed project
(Please describe the proposed amendment, project, or variance
request. Attach additional'sheets if necessary).
o
o
o
o
!Rl
o
o
o
o
o
Amendment to Zoning Map
Amendment to Zoning Ordinance Text
Amendment to Comprehensive Plan Land Use Map
Conditional Use Permit
Variance
Planned Unit Development
Senior Care Overlay District
Home Occupation
Amendment or Modification to approved CUP or PUD
Other
Please see attached Description of
varlance
Rtquests
I
I
I
I
Applicant:
Address:
Telephone:
Mark Toohey
5663 136th Street Court, Savage, MN 55378
952/447-4R60 (home) 61 ?/7Qq-??V (work) 7611<;Ql-7610
(fax)
Property Owners (if different than applicant):
Address:
Telephone: (home)
Type of Ownership: JIl Fee
(work)
o Contract for Deed
(fax)
o Purchase Agreement I
I Legal Description of Property (Attach additional sheets if necessary):
See attached Legal Description.
I
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I ha e re d the r evant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applic . s ill A~t be ocessed until deemed compiete by the Plajn7; DJor or assignee.
Sigoaturv Date
Fee Ow'l1-'s Signature Date
ADDITIONAL PROJECT INFORMATION
(Required for POO, CUP and SC Overlay District applications)
Will the developers request financial assistance from tbeCity?
DYes
o No
If yes, please describe the amountaud type of assistance requested (attach additional pages if necessary).
Will anyone other than theapplicantbe involved in the ownership, development & management of this project?
DYes (If yes, please attach a list of the names and the role of all persons involved in the project.) 0 No
1:\handouts\2001 handouts\zoning\zoning app.doc
VARIANCES REQUESTED
(A) a variance from the bluff set back requirement (Ord. 1104.308(2));
(B) a variance from the width requirement at the ordinary high water mark and
width requirement at the front of the lot (Ord. 1104.302(3));
(C) a variance from the standard front yard set back (Ord. 1102.405(3)).
LEGAL DESCRIPTION
Lot 31, Candy Cove Park, Scott County, Minnesota.
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CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(952) 447-4230, FAX (952) 447-4245
RECEIPT # 4thJ89
DATE: ~{)j\(.c.1. {5.,07 ~
Received of H1/1i ~1I10e LUft, i. ~Mo;
the sum of Ai f HWtI! tiA (,0 rQ 0'1J1 /,Q !uX) <
for the purpose of I _ '
IUAA AI :-1 ~Y1/1C~ 1 UCUvi /l.-tLC~
$ J?D ,(/0
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Invoice #
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Rec'lflpt Clef'< tor tne City of Prior Lake
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Resolution
and :Minutes
4-27-01- It! Yn~f/ltit;2~
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RESOLUTION 02-74
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION
OF THE PLANNING COMMISSION TO APPROVE A VARIANCE TO THE MINIMUM LOT WIDTH AT THE OHW, A
VARIANCE TO THE REQUIRED FRONT YARD SETBACK, A VARIANCE TO THE BLUFF SETBACK, AND A VARIANCE
TO THE MAXIMUM DRIVEWAY WIDTH AT THE RIGHT-OF-WAY LINE
MOTION BY: ZIESKA
SECOND BY: LEMAIR
WHEREAS,
On May 20, 2002, the Prior Lake City Council considered an appeal by Dale and Susan Braddy of the
Planning Commission's approval of a request for a variance by Mark Toohey to locate a single family
home on the vacant property located at 5584 Candy Cove Trail, and legally described as follows:
Lot 31, CANDY COVE PARK, Scott County, Minnesota
WHEREAS,
The City Council finds that the requested variances meet the standards for granting variances set forth in
Section 1108.400 of the City Code, and that the appellant has not set forth adequate reasons for
overturning the decision of the Planning Commission; and
WHEREAS,
The City Council has determined that the Planning Commission's decision approving the requested
variances should be upheld.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
1) The above recitals are incorporated as if fully set forth herein.
2) The City Council makes the following findings:
a. Mark Toohey has applied for variances from the Zoning Ordinance to allow a single family home to be constructed on
property zoned R-1 SO (Low Density Residential Shoreland District), located at 5584 Candy Cove Trail, and legally
described as follows:
Lot 31, Candy Cove Park, Scott County, Minnesota
b. The Planning Commission reviewed the application for variances to the minimum lot width at the Ordinary High Water
Elevation (OHW), the required front yard setback, to the bluff setback, and to the maximum driveway width as
contained in Case #0-030 and held hearings thereon on April 22, 2002.
c. The Planning Commission concluded the variance request met the hardship criteria and approved the request.
d. Dale and Susan Braddy appealed the decision of the Planning Commission in accordance with Section 1109.400 of
the City Code on April 29, 2002.
e. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case
File #02-030 and Case File #02-061, and held a hearing thereon on May 20, 2002.
f. The City Council 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.
16200 Edgle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 ! Ph. (952) 447-4230 ! Fax (952) 447-4245
AN EQUAL OPPORTUNITY EYlPLOYER
g. Because of conditions on the subject property and on the surrounding property, the proposed variance will not result in
the impainnent of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the
pubiic streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health,
safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan.
h. There is a justifiable hardship caused by the width of the existing lot, and by the topography of the lot, so reasonable
use of the property is not possible without the granting of the variance.
l. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the
applicant.
J. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable
hardship.
3) The contents of Planning Case File #02-030 and #02-061 are hereby entered into and made a part of the public record and
the record of decision for this case.
4) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission
granting the following requested variances:
a) A 23.86' variance from the minimum 75' lot width at the Ordinary High Water Elevation (OHW);
b) A 25' variance to the front yard setback requirement to allow the structure to be setback 0' from the front property line
rather than the minimum requirement of 25 feet;
c) A variance to allow a structure to be located within the Bluff Impact Zone;
d) A 4' variance to allow a 28' wide driveway at the right-of-way line rather than the maximum 24 feet.
5) The following conditions shall be adhered to and subject to the issuance of a building pennit for the proposed room
addition:
a) The subject site shall be developed as shown on the attached survey to ensure additional variances are not required,
except that the proposed deck on the northeast comer of the proposed house shall not be constructed.
b) One additional soil boring shall be performed at the foundation location on the northeast comer of the proposed house.
c) The property owner shall submit a Storm Water Management Plan for the property prepared by a registered engineer
that demonstrates no additional storm water shall be directed unto adjacent property as a result of the development of
the subject property. In the altemative, the property owner may submit a report from a registered engineer certifying
that the grading and drainage plan submitted as part of this application does not increase runoff to adjacent properties.
d) The permit is subject to all other City Ordinances and applicable County and State Agency regulations.
e) The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An
Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null and void if
the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution.
Passed and adopted this 20th day of May 2002.
I
I Hauoen
I Gundlach
LeMair
I Petersen
Zieska
YES
Absent
X
X
X
X
Hauqen
Gundlach
LeMair
Petersen
Zieska
NO
Absent
V-Jf-
{Seal}
Frank Boyles, City rolanager
City Council Meeting Minutes
May 20, 2002
.-,.'=------
MOTION BY LEMAIR, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried.
Gundlach: Asked if the property was still a collection point for stonn water water ponding.
Rve: Commented that the water is routed the same but there were some additional ponding areas created through
development.
MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.73 APPROVING VACATION OF THE
DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 1, BLOCK 2, WATERFRONT PASSAGE ADDITION.
VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried.
Public Hearing to Consider an Appeal of the Planning Commission Decision to Deny Variances to Allow a Structure
Setback of 1-Foot to a Front Lot Line, a 1.3-Foot Sideyarcl Setback, a Building Separation Less then 15 Feet, a Sum
of Side Yards Less than 15 Fee~ an Eave Encroachment into a Side & Front Yard, a 62.S-Foot Building Wail Setback
to Side Yard, and a Driveway Setback to the Side Yard (Case File #02-029PC)
Bovles: Advised that the next two agenda items were public heartngs dealing with appeals of decisions of the Planning
Commission.
Horsman: Thoroughly reviewed the agenda item and the 9 vartance requests in connection with the staff report. Further
discussed the staffs recommendation to grant vartances 1, 2, 5 and 7, and the Planning Commission's rationale for the
denial.
LeMair: Asked about the rationale for removing the vestibule.
Horsman: Noted that the vestibule vartances most adversely impacted the neighbortng property.
Acting Mayor Petersen declared the public heartng open.
Steve Mosevj 14620 Oakland Beach Ave. SE): Discussed the need for the vestibule because there would be no access to
the house other than through the garage. Also discussed the entrance into the house and an internal stairway. Noted that
he did have a letter from the impacted neighbor advising that they supported the proposed vestibule/garage addition.
Further addressed the Planning Commission decision and correspondence from LarT'f Miller supporting the Planning
Commission decision, noting that Mr. Miller is frequently in the area and lives in Minneapolis, the platted prtvate roadway
has never been used and that current structures impact the existing road, and that the Planning Commissioners had not
been out to see the site. Further noted that to remove the misplatted road from the property is prohibitively expenSive.
Zleska: Asked about the impervious surface in the front of the house, and if a 28-foot wide drtveway is needed. Noted that if
the drtveway width was reduced to 24 feet or less, two of the requested vartances would not be needed.
Steve Mosev: Confinned that some of the impervious surface in the front of the house would be removed. Also noted that
the drtveway calculation for impervious surface was in error.
Bovles: Asked where Mr. Mille~s property was located in relation to the Mosey property.
Steve Mosev: Indicated that Mr. Mille~s property was on the vestibule side of his property, but not directly adjacent. Mr.
Bonnan was the immediate neighbor on the vestibule side.
3
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City Council Meeting Minutes
May 20, 2002
Wayne Mosev (14524 Glendale Ave. SE): Advised he owns property on Oakland Beach as well. Supported the variance
requests in order to update and upgrade the neighborhood and enhance property values. Further discussed the work he
does to maintain the private road. Believes Steve's proposal does not adversely affect the neighborhood, nor would he
support the requests if it jeopardizes his friendships within the neighborhood.
MOTION BY ZIESKA, SECOND BY LEMAIR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried.
Horsman: Noted that variances 8 and 9 would not be needed if the location of the driveway is as proposed, the driveway
remains 24 feet or less, and the existing driveway is removed.
Gundlach: Discussed that the impervious sunace is obviously above 30%, and asked if a previous variance had been
received.
Horsman: Advised that there was no previous impervious sunace variance received and a variance is not required since
the applicant is proposing to remove the impervious sunace.
Zleska: Commented that the applicant's request seemed to address only the minimum variances in order to adequately use
his property. Also noted that the applicant is not encroaching the lake side of the property and is reducing impervious
sunace.
LeMair: Agreed with Council member Zieska that great care is taken on the lake side of the lots and improvements to the
front of the lots seemed beneficial to the neighborhood.
Gundlach: Concerned about allowing nine variances. Commented that he would be comfortable with the staff
recommendation, granting variances 1, 2, 5 and 7. Believed the Council had a responsibility to not set a precedent
extending a non-conforming use.
LeMair: Asked if there isn't still an extension of a non-conformity whether it's as proposed, or at a 45% cut.
Horsman: Advised that even at a 45 degree angle, the vestibule addition would require some variances. Added that the
ordinance does permit a 5-foot vestibule encroachment into the front yard setback. The reason for not recommending
approval of the vestibule was because of the side yard encroachment and the impact on the adjacent neighbor.
Petersen: Believes that the adjacent neighbor is in support of the improvements and not opposed to the vestibule addition
as proposed.
MOTION BY ZIESKA, SECOND BY LEMAIR TO DIRECT THE STAFF TO PREPARE A RESOLUTION TO OVERTURN
THE PLANNING COMMISSION DECISION AND GRANT VARIANCES 1 - 7.
Pace: Advised that extending the non-conformity would apply to the side yard, but not the front yard at 12 feet because a 5-
foot encroachment is permitted.
Gundlach: Noted that the amount of pavement is also in violation of City ordinances.
Zieska: Advised that if the Council chose to limit the size of the vestibule further, there would be a jog at the comer of the
house, and the vestibule would look added rather than part of the structure.
4
City Council Meeting Minutes
May 20, 2002
Gundlach: Suggested that a condition of the resolution would be to remove the remainder of the impervious surface.
The motion and second accepted the amendment.
VOTE: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried.
The Council took a brief recess.
Public Hearing to Consider Approval of a Resolution Upholding the Decision of the Planning Commission to
Approve Variances to the Top of the Bluff Setback, Front Yard Setback, Lot Width and Driveway Width at the Front
Property Line for the Construction of Single-Family Dwelling on Property Located at 5584 Candy Cove Trail and
Zoned R-1SD.
Rye: Reviewed the agenda item in connection with the staff report.
Gundlach: Asked what the discussion was at the Planning Commission regarding the top of the bluff.
Rye: Recalled that the issues relative to the bluff did not receive a great amount of discussion, and that the geo-technical
report addressed the issues to the bluff.
Gundlach: Asked how the rationale relates when the City has denied decks and eaves that encroach the bluff setback.
Further asked if there is a potential for this structure to remain behind the top of the bluff.
Rye: The stated policy is the bluff setback ordinance. Once the circumstances dictate that the ordinance is unduly
prohibitive, you look for solutions that can be as beneficial as possible. Once the setback is encroached, there is not
difference between 1 foot or 20 feet. The safety factor is detennined by the engineering and geological reports.
Acting Mayor Petersen declared the public hearing open.
Allison Gontarek (Attomeyon behalf of Mr. Toohey): Advised that extensive geological studies have been completed, and
based upon the borings, the engineer advised the bluff is stable for the purposes of constructing the proposed home. Mr.
Toohey realized in advance that he would assume some risk and therefore spent a great deal on engineering studies before
applying for the variances. Further noted that without the variances, Mr. Toohey is denied reasonable use of his land.
Advised that a tree inventory had been completed as well.
LeMair: Asked when the property was purchased and the intent for the property.
Mark Toohev (5584 Candy Cove Tram: Confinned that he purchased the property 6 years ago, and intended to build a
house.
Zieska: Asked if Mr. Toohey had been assessed for improvements to Candy Cove Trail.
Toohey: Confinned.
Gundlach: Asked Ms. Gontarek to address the engineer's report and the conditions it proposed relative to bluff setback.
5
Planning Commission Meeting
April 22. 2002
Comments from the public:
There were no comments from the public. The floor was closed at 7:05 p.m.
Comments from the Commissioners:
All the Commissioners agreed this was a title process and should be approved.
MOTION BY RINGSTAD, SECOND BY LEMKE, TO RECOMMEND CITY
COUNCIL APPROVE THE REGISTERED LAND SURVEY FOR LOTS 22-24,
BLOCK 4, REGAL CREST.
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on May 6, 2002.
C. Case File #02-030 Mark Toohey is requesting a variance to the front yard
setback and bluff setback on the property located at 5584 Candy Cove Trail.
Planning Coordinator Jane Kansier presented the Planning Report dated April 22, 2002,
on file in the office of the Planning Department.
The Planning. Department received a variance application for the construction of a single
family dwelling with an attached garage for the property located at 5584 Candy Cove
Trail, and legally described as Lot 31, Candy Cove Park. The following variances are
being requested:
1. A 23.86' variance from the minimum 75' lot width at the Ordinary High Water
Elevation (OHW);
2. A 25' variance to the front yard setback requirement to allow the structure to be
setback 0' from the front property line rather than the minimum requirement of
25 feet;
3. A variance to allow a structure to be located within the BluffImpact Zone;
4. A 4' variance to allow a 28' wide driveway at the right-of-way line rather than
the maximum 24 feet.
The lot is considered a nonconforming lot of record because it does not have the
minimum required lot width of 90' at the front building line. The lot also does not meet
the minimum lot width of75' at the OHW.
The lot is considered a bluff under the Shoreland provisions of the Zoning Ordinance.
Using the required setbacks, including the front yard, side yard, and top of bluff, this lot
contains a building envelope approximately 100 square feet in area.
L:\02FILES\02planning comm\02pcminutes\MN042202.doc 5
Planning Commission Meeting
April 22, 2002
The applicant is requesting variances to construct a single family dwelling on this lot.
The proposed dwelling is a 1 Y2 story structure with a 20' by 22' attached garage. The
footprint of the house and garage includes 1,796 square feet. The applicant is also
proposing a 22' by 16' deck and a 19' by 18' deck, both located on the lakeside of the
house. The proposed impervious surface on the site is 23%, which is within the allowed
limits of the Zoning Ordinance.
The DNR did not comment on this request. The City Engineering Department comments
note the City will grant an easement for landscaping and access across the right-of-way.
In addition, the City will be responsible for providing sewer service at the time the
building permit is issued.
Based on the above findings, the staff found this request meets the nine hardship criteria.
There is no legal alternative for the construction of a house on this lot. The staff
therefore recommended approval ofthe requested variances.
Comments from the public:
Allison Gontarek, attorney for the applicant, Mark Toohey, explained working with staff
to address their concerns. The proposed single family home is simple and the applicant
has gone to great effort and expense to make a reasonable request. He has complied in
every respect.
Ringstad questioned Toohey ifhe was promised it was a buildable lot when he purchased
the property. Toohey responded the lake setbacks have changed since he purchased the
property.
Criego questioned the decks. Toohey responded they were walkout platforms.
Criego also questioned the front yard setback. Gontarek responded there were two
alternatives. Staff had suggested pulling the house forward so it would be as far out of
the bluff as possible.
Lemke questioned whether the number of borings were adequate for the engineer's
analysis. Staff noted the applicant had received a separate grading permit for that work.
They were restricted by the ordinance as to the location ofthe borings.
Bruce Thomas, a neighbor, stated he had several concerns. First, the impact on the
remaining lots. Runoff into the lake and Mr. Braddy's property. Another concern was
the proposed size of home being less than any other home in Candy Cove and that it
would not conform to the rest of the neighborhood. He also questioned the additional
noise from Highway 13 with the bluff impacted. Thomas suggested the Commissioners
go out and see the property before they make a decision.
L:\02FILES\02planning comm\02pcminutes\MN042202.doc 6
Planning Commission Meeting
April 22, 2002
Shelly Hines, 5540 Candy Cove Trail, stated he was not clear on the plan from the
drawings, His concern was for noise coming off the highway with the bluff being shaved
off, He also felt the driveway would be a blind curve,
Art Shoot, lives two houses down from the property, felt that originally Mr. Braddy's
property as well as this property would be unbuildable, Noise is also an issue, He
cannot open his windows until the leaves come out on the trees, This house will not
impact the noise,
The public hearing was closed,
Kansier pointed out the City has a Tree Protection Ordinance, The Shoreland District
also restricts the type of clearing permitted on a bluff, It is not clear-cutting, The other
issue is there is no minimum size for a house or garage building pad, The applicant is
proposing a modest house that fits the limitations ofthe lot.
McDermott stated the Engineering Department reviewed the runoff very carefully, The
design will minimize runoff to Braddy's property, The road was recently reconstructed
and problems should not occur, Parking will only be allowed on one side of the street.
Kansier addressed Mr, Shoot's concern regarding subdividing two adjoining lots, The
other lots have been addressed, These lots are under separate ownership and not
combined, The lots were all platted long before the current ordinance,
Stamson asked staff to address the neighbor's concern for buildable lots, Kansier
eXplained the ordinances and property lots, Most ofthe lots on Candy Cove would not be
permitted under today's ordinances, She also said it takes pretty extreme conditions to
say a lot was unbuildable. Any application would be asked to provide an Engineer's
Report with a variance application to ensure the conditions on the lot would not preclude
a building,
Comments from the Commissioners:
Criego:
. Questioned staff on the streets, McDermott explained the right-of-way obtained from
MNDOT. Part of the easement was granted to Dale Braddy, Ifthis is application is
approved, staff will take this before City Council for easement approvaL McDermott
explained the potential access to the other lots,
. Questioned the access and land locking the properties, Kansier responded there
would be easement accesses recorded.
. Can understand this applicant requesting access but concerned for the other adjoining
properties,
. Kansier explained why the City requested Mr, Toohey to have an engineering report
up front.
. Questioned why the driveway would be 28 feet wide instead of 24 feet. McDermott
said it would be 24 feet at the roadway.
L:\02FILES\02planning comm\02pcminutes\M:N042202.doc 7
Planning Commission Meeting
April 22. 2002
. Has been at the sight, the applicant has done his best to comply.
. It would not interfere with the quality of the lake.
· Questioned the zero lot line. Kansier explained the measurement from the bluff.
They were minimizing the effect as best as they could.
. Good application. In favor.
Lemke:
· Questioned staff what would happen if the surveyor was off a few inches. Kansier
explained private use of public property. It has happened before and that is how it is
addressed.
. McDermott said property boundaries are marked clearly and will make every effort to
make sure it does not happen.
. Agreed with Criego, it is a good application.
. Clarified he had been to the site.
Atwood:
. It is a good use of the property. Approve.
Ringstad:
. It meets all 9 hardships. Approve.
Stamson:
. This lot is clearly unbuildable without variances.
. Support the variances as proposed.
MOTION BY CRIEGO, SECOND BY ATWOOD, TO ADOPT RESOLUTION 02-
007PC APPROVING THE REQUESTED VARIANCES TO THE LOT WIDTH AT
THE OHW, THE FRONT YARD SETBACK, THE BLUFF SETBACK AND THE
DRIVEWAY WIDTH.
Vote taken indicated ayes by all. MOTION CARRIED.
Kansier explained the appeal process.
D. Case File #02-029 Steven & Patricia Mosey are requesting variances to
permit a garage and room addition to be setback less than 25 feet to front lot line;
less than 5 feet to side lot line; a sum of side yards less than 15 feet; eave
encroachment less than 5 feet to front and side lot line; a 63.8 foot building wall
setback to side lot line less than required; and a driveway setback less than 5 feet to
side lot line for the property located at 14620 Oakland Beach Avenue SE.
Zoning Administrator Steve Horsman presented the Planning Report dated April 22,
2002, on file in the office of the Planning Department.
The Planning Department received a variance application from the property owners for
the construction of an attached garage and second story addition to an existing single-
l :\02FILES\02planning comm'D2pcminutes\MN042202.doc 8
RESOLUTION 02-007PC
A RESOLUTION APPROVING A VARIANCE TO THE MINIMUM LOT
WIDTH AT THE OHW, A VARIANCE TO THE REQUIRED FRONT YARD
SETBACK, A VARIANCE TO THE BLUFF SETBACK, AND A VARIANCE TO
THE MAXIMUM DRIVEWAY WIDTH AT THE RIGHT -OF-WAY LINE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mark Toohey has applied for variances from the Zoning Ordinance to allow a single
family home to be constructed on property zoned R-ISD (Low Density Residential
Shoreland District), located at 5584 Candy Cove Trail, and legally described as
follows:
Lot 31, Candy Cove Park, Scott County, Minnesota
2. The Board of Adjustment reviewed the application for variances to the minimum lot
width at the Ordinary High Water Elevation (OHW), the required front yard setback,
to the bluff setback, and to the maximum driveway width as contained in Case #0-030
and held hearings thereon on April 22, 2002.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, the
proposed variance will not result in the impairment of an adequate supply of light and
air to adjacent properties, unreasonably increase congestion in the public streets,
increase the danger of fire, and danger to the public safety, unreasonably diminish or
impair health, safety, comfort, morals or in any other respect be contrary to the
Zoning Ordinance and Comprehensive Plan.
5. There is a justifiable hardship caused by the width of the existing lot, and by the
topography of the lot, so reasonable use of the property is not possible without the
granting of the variance.
1:I02filesI02variancesI02-030Ipcres 02-007pc.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
7. The variance will not serve merely as a convenience to the applicant, and is necessary
to alleviate demonstrable hardship.
8. The contents of Planning Case File #02-030 are hereby entered into and made a part
of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following requested variance:
1. A 23.86' variance from the minimum 75' lot width at the Ordinary High Water
Elevation (OHW);
2. A 25' variance to the front yard setback requirement to allow the structure to be
setback 0' from the front property line rather than the minimum requirement of
25 feet;
3. A variance to allow a structure to be located within the Bluff Impact Zone;
4. A 4' variance to allow a 28' wide driveway at the right-of-way line rather than
the maximum 24 feet.
The following conditions shall be adhered to and subject to the issuance of a building
permit for the proposed room addition:
1. The subject site shall be developed as shown on the attached survey to ensure
additional variances are not required.
2. The permit is subject to all other City Ordinances and applicable County and State
Agency regulations.
3. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. An Assent Form must be signed and, pursuant to
Section 1108.400 of the City Code, the variance will be null and void if the
necessary permits are not obtained for the proposed structure within one year after
adoption of this resolution.
Adopted by the Board of Adjustment on April 22, 2002.
Anthony Stamson, Commission Chair
cr~'~~"0~MlD~OO'
1:I02filesI02variancesI02-030Ipcres 02-007pc.doc
2
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Doc_ No. T 130986
80 Page 286 Celt 27003
Vol.
OFFICE OF THE REGISTRAR OF TITlES
-'>VVI I COUNTY. MNNESOTA
Certified Filed on 06-07-2002 at 02:30
Pat Boeckman, Registrar of Titles 01
Fee: $21.50
State of Minnesota )
)ss.
County of Scott )
passed and adopted by the City Council of the City of Prior La
I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby
certify that the attached RESOLUTION 02-74 is a true and correct copy of the original as
Dal./~~
/
~l
Deputy Citf Clerk
at its May 20,.2002 meeting.
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RESOLUTION 02-74
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION
OF THE PLANNING COMMISSION TO APPROVE A VARIANCE TO THE MINIMUM LOT WIDTH AT THE OHW, A
VARIANCE TO THE REQUIRED FRONT YARD SETBACK, A VARIANCE TO THE BLUFF SETBACK, AND A VARIANCE
TO THE MAXIMUM DRIVEWAY WIDTH AT THE RIGHT.OF-WAY LINE
MOTION BY: ZIESKA
SECOND BY: LEMAIR
WHEREAS,
On May 20, 2002, the Prior Lake City Council considered an appeal by Dale and Susan Braddy of the
Planning Commission's approval of a request for a variance by Mark Toohey to locate a single family
home on the vacant property located at 5584 Candy Cove Trail, and legally described as follows:
Lot 31, CANDY COVE PARK, Scott County, Minnesota ;?s . () ~ '7_ C> 1- ~ - ()
WHEREAS,
The City Council finds that the requested variances meet the standards for granting variances set forth in
Section 1108.400 of the City Code, and that the appellant has not set forth adequate reasons for
overturning the decision of the Planning Commission; and
WHEREAS,
The City Council has determined that the Planning Commission's decision approving the requested
variances should be upheld.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
I) The above recitals are incorporated as if fully set forth herein.
2) The City Council makes the following findings:
a. Mark Toohey has applied for variances from the Zoning Ordinance to allow a single family home to be constructed on
property zoned R-1 SO (Low Density Residential Shoreland District), located at 5584 Candy Cove Trail, and legally
described as follows:
Lot 31, Candy Cove Park, Scott County, Minnesota
b. The Planning Commission reviewed the application for variances to the minimum lot width at the Ordinaiy High Water
Elevation (OHW), the required front yard setback, to the bluff setback, and to the maximum driveway width as
contained in Case #0-030 and held hearings thereon on April 22, 2002.
c. The Planning Commission concluded the variance request met the hardship criteria and approved the request.
d. Dale and Susan Braddy appealed the decision of the Planning Commission in accordance with Section 1109.400 of
the City Code on April 29, 2002.
e. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case
File #02-030 and Case File #02-061, and held a hearing thereon on May 20, 2002.
f. The City Council 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.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
g. Because of conditions on the subject property and on the surrounding property, the proposed variance will not result in
the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the
public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health,
safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan.
h. There is a justifiable hardship caused by the width of the existing lot, and by the topography of the lot, so reasonable
use of the property is not possible without the granting of the variance.
1. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the
applicant.
J. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable
hardship.
3) The contents of Planning Case File #02-030 and #02-061 are hereby entered into and made a part of the public record and
the record of decision for this case.
4) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission
granting the following requested variances:
a) A 23.86' variance from the minimum 75' lot width at the Ordinary High Water Elevation (OHW);
b) A 25' variance to the front yard setback requirement to allow the structure to be setback 0' from the front property line
rather than the minimum requirement of 25 feet;
c) A variance to allow a structure to be located within the Bluff Impact Zone;
d) A 4' variance to allow a 28' wide driveway at the right-of-way line rather than the maximum 24 feet.
5) The following conditions shall be adhered to and subject to the issuance of a building permit for the proposed room
addition:
a) The subject site shall be developed as shown on the attached survey to ensure additional variances are not required,
except that the proposed deck on the northeast comer of the proposed house shall not be constructed.
b) One additional soil boring shall be performed at the foundation location on the northeast corner of the proposed house.
c) The property owner shall submit a Storm Water Management Plan for the property prepared by a registered engineer
that demonstrates no additional storm water shall be directed unto adjacent property as a result of the development of
the subject property. In the altemative, the property owner may submit a report from a registered engineer certifying
that the grading and drainage plan submitted as part of this application does not increase runoff to adjacent properties.
d) The permit is subject to all other City Ordinances and applicable County and State Agency regulations.
e) The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An
Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null and void if
the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution.
Passed and adopted this 20th day of May 2002.
I Hauqen
I Gundlach
I LeMa;r
I Petersen
I Z;eska
YES
Absent
X
X
X
X
I Hauqen
Gundlach
LeMair
Petersen
Zieska
I NO
Absent
?JrH-
{Seal)
Frank Boyles, City Manager
Jane Kansier
From:
Sent:
To:
Cc:
Subject:
Jane Kansier
Friday, June 28, 2002 1 :24 PM
Suesan Lea Pace (E-mail)
Sue McDermott
Braddy Letter
Suesan: Attached is a draft response to the June 1st letter submitted by Dale and Susan Braddy. Please let me know
what you think. Jane
~
response.doc
1
FILE COpy
June 3, 2002
Allison J. Gontarek
Huemoeller & Bates Attomeys
16670 Franklin Trail, #210
Prior Lake, MN 55372
RE: Recording of Variance Resolution and Assent Form Acknowledgment
Dear Ms. Gontarek:
Enclosed is a certified copy of Resolution 02-74, upholding the decision of the Planning
Commission and approving the requested variance for Lot 31, Candy Cove. This
resolution ml,;st be recorded within 60 days, or by July 20, 2002, at the Scott County
Land Records Office. In addition to the certified copy, I have also enclosed a second
copy to be stamped as recorded by the Recorder's Office and returned to the Planning
Department as proof of recording. Also included is a copy for your records.
Also, the enclosed Assent Form must be signed by all properly owners and returned to
the Planning Department. A building permit will not be issued until proof of recording
has been submitted to the Planning Department.
Please keep in mind that the variance will be null and void if the project is not completed
or if construction has not commenced within one year of the date of the resolution, or by
May 20, 2003, as per Section 1108.400 of the Zoning Ordinance.
Thank you for your prompt attention to this matter. If you have any questions about this
matter, please contact me at 952-447-9810.
Sincerely,
O.~
~nsier, AICP
Planning Coordinator
Enclosures
I :\02fi1es\02varia nces\02-Q30\record letter. doc
'00 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTl'NlTi E:VIPLOYER
Jane Kansier
From:
Sent:
To:
Cc:
Subject:
Pat Lynch [paUynch@dnr.state.mn.us]
Friday, April 26, 2002 2:38 PM
JKansier@CityoIPRIORLAKE.com
PBeckius@co.scott.mn.us
Toohey Variances, 5584 Candy Cove Trail
I got your letter a couple days back. Sorry I did not geta chance to comment on the
variance application. I understand the Planning Commission approved the variances. I had
no objection to the issuance of the variances. I would ask, however, that the city pay
particular attention to erosion control at this site, as essentially the entire site is
bluff and/or steep slopes. I might suggest the applicant be required to supply a detailed
erosion control plan (including maintenence) and that it be a part of a building permit.
This is a site the building inspoectors may wish to watch closely, especially if
construction is anticipated during the summer storm season. ..the site will be vulnerable.
Thanks, and again I apologize I missed this one.
Pat Lynch
DNR South Metro Area Hydrologist
phone 651.772_7917
fax 651.772.7977
pat.lynch@dnr.state.mn.us
1
FILE COpy
April 23, 2002
Minnesota Department of Natural Resources
Division of Waters
Attention: Pat Lynch, Area Hydrologist
1200 Warner Road
SI. Paul, MN 55106-6793
RE: Variance to Bluff Setback on Property Described as Lot 31, Candy Cove Park
Dear Pat:
On Monday, April 22, 2002, the Prior Lake Planning Commission considered a variance
request to the bluff setback requirements for the property located at 5584 Candy Cove
Trail and legally described as Lot 31, Candy Cove Park. This letter serves as official
notice that the Planning Commission approved this variance on the basis that there was
no legal building envelope and no reasonable use of the property without the variance.
A copy of the signed resolution will be forwarded to you when it is available.
If you have questions about this matter, please contact me directly at 952-447-9812.
SincerelU. ~
~ansier, AICP
Planning Coordinator
1:\02files\02variances\02.030\dnr note.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
April 18. 2002
Huemoeller & Bates
Attn: Allison Gontarek
16670 Franklin Trail SE
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the April 22, 2002
Planning Commission meeting. You or your representatives are expected to attend the
meeting. You will be given the opportunity to speak regarding your proposal and the
staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at
16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot
attend the meeting, please call me so your item can be deferred to the next Planning
Commission meeting. If you have any questions, please contact me at 447-9810.
Sincerely,
C~CCW'4orv
Connie Carlson
Planning Dept. Secretary
Enclosure
I:\deptworklblankfrm\meetllr.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL, #210
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
Telephone: 952.447.2131
Facsimile: 952.447.5628
E-mail: huemoellerbate.liilaol.com
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APRIJD2
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BRYCE D. HUEMOELLER
JAMES D. BATES
ALLISON J. GONTAREK
OF COUNSEL:
CHARLESC.HALBERG
April 10, 2002
Ms. Jane Kansier
Prior Lake Planning Department
16200 Eagle Creek Avenue SE
Prior Lake MN 55372
Hand Carried
Re: Variance request by Mark Toohey, regarding Lot 31, Candy Cove Park
Dear Jane:
Enclosed please find 3 revised drawings and a l1x17 reduction showing the top of
bluffline on Mark Toohey's property.
g;::"~ A4
Allison J. Gontarek
Enclosures
._._,,_"..,_._____.__w._..,_.._..______,._.__.._..~_.__.._~.__...__.__,_____
HUE MOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL, #210
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
Telephone: 952.447.2131
Facsimile: 952.447.5628
E-mail: hucmoellerbatesralaol.com
BRYCE D. HUEMOELLER
JAMES D. BATES
ALLISON J. GONTAREK
OF COUNSEL:
CHARLESC.HALBERG
March 29, 2002
Ms. Jane Kansier
Prior Lake Planning Department
16200 Eagle Creek Avenue SE
Prior Lake MN 55372
Hand Carried
Re: Variance request by Mark Toohey, regarding Lot 31, Candy Cove Park
Dear Jane:
Enclosed please find 3 revised drawings reflecting the changes required by Steve
Horsman's letter of March 21,2002. Also enclosed is a 11 x 17 reduction of the revised
drawing, a representative elevation and floor plan of the proposed house. The additional
7 revised drawings are enroute from Advance Surveying and will be delivered on
Monday, April 1. I apologize for this further delay and appreciate your cooperation.
V~:s,~. .~
Allison J. Gontarek
Enclosures
cc: Mark Toohey
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HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL, #210
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
Telephone: 952.447.2131
Facsimile: 952.447.5628
E-mail: huemoellerbateslaiao1.com
BRYCE D. HUEMOELLER
JAMES D. BATES
ALLISON J. GONTAREK
OF COUNSEL:
CHARLES C. HALBERG
March 29, 2002
Ms. Jane Kansier
Prior Lake Planning Department
16200 Eagle Creek Avenue SE
Prior Lake MN 55372
Hand Carried
Re: Variance request by Mark Toohey, regarding Lot 31, Candy Cove Park
Dear Jane:
Enclosed please find the 7 additional revised drawings on Mark Toohey's
property.
~rs~ .1uL
Allison J. Gontarek
Enclosures
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March 21, 2002
Post-it" F~x Note 7671 Dale.~ltVD2Itag~s~ 1 I
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Fax #
AlJison J. Gontarek
HuemoelJer & Bates Attorneys
16670 Franklin Trail, #210
Prior Lake, MN 55372
RE: Toohey Variance Application
Dear Ms. Gontarek;
On March 13, 2002, your office representing Mr. Toohey submitted to the Planning Department
an application for variances to build a single-family dwelJing at 5584 Candy Cove Trail. Upon
review staff has determined the following additional information is necessary to process your
application:
I. Which survey are you submitting for variance consideration, Alternative A or B? The two
surveys appear to depict different structure locations and variance requests. What is the
proposed front setback dimension from the property line 23.4' (Al or 0' (Bl? It appears on
the survey that the eave/overhang encroaches the front lot line on Alternative B.
2. Submit an impervious surface worksheet calculating alJ proposed hardcover areas and the
ratio to lot area above the 904' OHWM.
3. Submit a floor plan and exterior elevations of the house, if available.
4. What is the proposed dimensional setback from the "top of bluff'?
5. The survey appears to indicate the city R-O-W is combined with Lot 31, clearly depict
property boundaries.
In order to meet the publication notice deadline of 12:00 PM on April 2, 2002, this office must
receive the additional information by March 29,2002, for your request to be reviewed and
scheduled for the public hearing on April 22, 2002. Please submit this information to clarify the
actual variances requested and to present your case to the Planning Commission.
If you have any questions please call my direct dial number at 952-447-9854.
Sin5frely, I
~/!.~
~~orsman
Zoning Administrator
Faxed 3/21/02
L;I02FILESI02variancesI02-030IINCOML TR.DOC
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714/ Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AGREEMENT FOR PRIVATE IMPROVEMENT
OF PUBLIC PROPERTY
This Agreement is made this _ day of . 2002, between
the City ofprior Lake, Minnesota, a municipal corporation (the City), and MARK
TOOHEY, a single person (the Owner).
RECITALS
WHEREAS, the Owner is the fee owner of property located at 5584 Candy Cove
Trail, Prior Lake, Minnesota (the Property), legally described as follows:
Lot 31, Candy Cove Park, Scott County, Minnesota.
WHEREAS, the Owner's property abuts a portion of the right of way to Highway
13 dedicated to the public in the plat of Candy Cove Park (Tract C).
WHEREAS, the Owner desires to obtain a building permit to construct a new
home on the Property and Prior Lake Zoning Ordinances require each
home to have a driveway.
WHEREAS, the Owner desires to privately improve Tract C to construct a
driveway to provide access to the Property as required by Prior Lake Zoning Ordinance
upon the terms and conditions of this Agreement.
AGREEMENT
In consideration of the foregoing and the mutual covenants herein, the parties
agree as follows:
1. DEDICATED RIGHT OF WAY. The Owner acknowledges that Tract C was
dedicated to the public by the plat of Candy Cove Park.
2. IMPROVEMENT. The Owner may improve Tract C by constructing a
driveway across it in order to access the Property (the Driveway Improvement). The
Owner shall submit the plans for the Driveway Improvement to the City for approval
prior to commencing construction. Once approved, the Owner shall not modifY or
deviate from the approved plans without the prior written consent of the City. All cost or
expense to design and construct the Driveway Improvements pursuant to this Section 2
1
shall be paid by the Owner, who shall indemnifY, defend and hold the City harmless from
all claims, liability and expense therefor.
3. MAINTENANCE. The Owner shall perform and pay the cost of reasonable
maintenance of the Driveway Improvements necessary to provide access to the Property.
4. INDEMNITY. The Owner shall indemnifY, defend and hold the City and its
employees, contractors, agents, representatives and attorney harmless from claims,
damage, loss, cost and expense, including attorneys' fees, which may be asserted against
the City as a result of the failure of Owner to construct the Driveway Improvements in
accordance with the approved plans and for any claims arising from Owner's failure to
maintain said driveway in reasonable condition to prevent injury to persons or property.
5. INSURANCE. Owner shall maintain a general liability insurance policy which
provides coverage for any damage to the property of others or injury to persons. Such
coverage shall be on an occurrence basis and shall include contractual liability coverage
with respect to the indemnity obligation in Paragraph 4 above. Said policy shall contain
a clause which provides the insurer will not change, non-renew, or materially change the
policy without first providing the City sixty (60) days prior written notice. The Owner
shall provide the City with a Certificate ofInsurance for such coverage which
specifically details the conditions in Sections 4 and 5 of this Agreement.
6. WAIVER OF CLAIMS. Owner acknowledges City's ownership of Tract C
and knowingly waives any and all claims against the City related to Owner's use of Tract
C, including but not limited to claims of abandonment and diminution in value, except
any claims which are the result of the negligence or willful misconduct of the City or its
employees or agents.
7. CONDITION OF TRACT C. The Owner acknowledges the City has made no
warranties regarding the condition of Tract C or its suitability for the Owner's purposes.
8. TERMINATION. This Agreement is binding and shall not terminate except
upon mutual consent of the Owner and the City, or their respective heirs, successors and
assigns, such consent may be withheld for any reason.
9. BINDING EFFECT. This Agreement shall run with the land and bind and
inure to the benefit of the parties hereto and their respective heirs, successors and
assigns.
2
10. ENTIRE AGREEMENT. This Agreement contains all the terms and
conditions relating to the Driveway Improvement and replaces any oral agreements or
other negotiations between the parties. No modification of this Agreement shall be valid
until it is in writing and signed by all parties hereto.
11. RECORDING. The Owner shall cause this Agreement to be filed for record
within 30 days of the issuance of the building permit for the home to be constructed on
the Owner's property. Evidence of filing shall be provided to the City within 30 days
thereafter.
CITY OF PRIOR LAKE
OWNER
By:
Jack Haugen, Mayor
Mark Toohey
By:
Frank Boyles, City Manager
STATE OF MINNESOTA)
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of
,2002, by Jack Haugen and Frank Boyles, Mayor and City Manager,
respectively, of the City of Prior Lake, Minnesota, a municipal corporation on its behalf.
NOTARY PUBLIC
STATE OF MINNESOTA)
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this
,2002, by Mark Toohey, a single person.
day of
NOTARY PUBLIC
3
This instrument was drafted by:
Huemoeller & Bates
16670 Franklin Trail
Prior Lake MN 55372
(952) 447-2131
Reviewed by City Attorney:
Suesan L. Pace
Halleland Lewis Nilan Sipkins & Johnson
220 South Sixth Street; Ste. 600
Minneapolis MN 55402-4501
4
ASSENT OF APPLICANT
File #02-030PC
File #02-061 PC
As Approved by Resolution # 02-74
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am familiar with
their contents and with the content of the exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows:
1108.413 Revocation ll~.~ Canf.eIlation of a Variance. A Variance may be
revoked and canceled if the Zoning Administrator determines that the
holder of an existing Variance has violated any of the conditions or
requirements imposed as a condition to approval of the Variance, or has
violated any other applicable laws, ordinances, or enforceable regulation.
1108.414 After One Year. No Construction Reauired. All Variances shall be
revoked and canceled if 1 year has elapsed from the date of the adoption
of the resolution granting the Variance and the holder of the Variance
has failed to make substantial use of the premises according to the
provisions contained in the Variance.
1108.415 After One Year. New Construction Reauired. All Variances shall be
revoked and canceled after 1 year has elapsed from the date of the
adoption of the resolution granting the Variance if a new structure or
alteration or substantial repair of an existing building is required by the
Variance and the holder has failed to complete the work, unless a valid
building permit authorizing such work has been issued and work is
progressing in an orderly way.
1108.416 UDon Occurrence of Certain Events. If the holder of a Variance fails
to make actual use of vacant land, or land and structures which were
existing when the Variance was issued and no new structure, alteration
or substantial repair to existing buildings was required; or if a new
structure was required by the Variance and no building permit has been
obtained, the Variance shall be deemed revoked and canceled upon the
occurrence of any of the following events:
L:\02FILES\02appeal\tooheyappeal\ASSENTDOC 1
16200 E".gle Creek Ave. 5.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
(1) A change in the Use District for such lands is made by amendment to
the Zoning Ordinance by the City Council.
(2) Eminent domain proceedings have been initiated to take all or any
part of the premises described in the Variance.
(3) The use described in the Variance becomes an illegal activity under
the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Variance is forfeited to
the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued files a written statement
in which that person states that the Variance has been abandoned.
The statement shall describe the land involved or state the resolution
number under which the Variance was granted.
(6) The premises for which the Variance was issued are used by the
person to whom the Variance was issued in a manner inconsistent
with the provisions of such Variance.
4. I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of said
Resolution. I understand and agree upon notice of non-compliance with any term or
condition,. I shall immediately cease conducting activities pursuant to the notice or
will take all actions necessary to accomplish full compliance with said notice and
conditions of the Resolution.
DATE
SIGNATURE OF APPLICANT
SIGNATURE OF OWNER
Lot 31. CANDY COVE PARK, Scott County
PROPERTY LEGAL DESCRIPTION
L:I02FILESI02appealltooheyappeaIlASSENT.DOC 2
JulIO 03 03:25F
JAMES H_ PARKER
[952) 470-8854
F.l
ADVANCE SURVEYING & ENGINEERING CO
5300 Highway )0)
Minnetonka, MN 55345
Phone (952) 474 7964
Fax (952) 474 8267
July 10, 2003
City of Prior Lake
BY FAX: 952 447 4263
RE: Mark Toohey as built survey
Dear City of Prior Lake:
We prepared a survey for Mark Toohey showing how he proposed to site his home on his
property and associated grading proposals_ His builder used a different surveyor and they chose
to site the home and grade the site differently. I am in receipt of a survey from Pioneer
Engineering that purports to show the "as built" locations of the home and the final topography
of the site_ Based on that survey, I don't see any slope stablility problems that result from the
placement of the house and I don't see any drainage problems.
This report was prepared by me or under my direct supervision and I am a licensed Professional
Engineer under the laws of the State of Minnesota.
Sincerely,
ADVANCESURVE~,
. A~_ \~~YJ
Jan\es H. Parker-P.E. & P.L.S. No. 9235, President
HHARl_\G
~O'l'ICHS
-
L:\TEMPLA TEIFILEINFO.DOC
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
SETBACK VARIANCES TO TOP OF BLUFF, FRONT YARD, AND TO
LOT WIDTH
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-l (LOW DENSITY RESIDENTIAL) DISTRICT
AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 5584 CANDY
COVE TRAIL.
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on: Monday, April 22, 2002 at 6:30
p.m. or as soon thereafter as possible.
APPLICANT: Mark Toohey
5663 136th Street Court
Savage,1fN 55378
SUBJECT SITE: 5584 Candy Cove Trail, legally described as Lot 31, Candy Cove
Park
REQUEST: The applicant is intending to construct a single-family house with
attached garage. The existing lot does not meet the minimum lot
width to be buildable. The proposed house is encroaching on the
required bluff setback, and front yard setback.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447.4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prepared this 2nd day of April, 2002.
Jane Kansier
City of Prior Lake
To be published in the Prior Lake American on April 6, 2002.
L:I02FILESI02variancesI02-030IHEARNOTE.DOC I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
~ ~ ofthe City 9XPrior Lak~o;;~ of Scott, State of
Minnesota, being ~ly sworn, says on the 1:1:1'" day of DUf ~ ' 2002, she served
t~x at!Pshed list of persons to have an interest in the i:::ohlU A V ~
Y\l(f~ ~f::J2,,--OW ,by mailing to them a1copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of , 2000.
NOTARY PUBLIC
L;\DEPTWORK\BLANKFRM\MAILAFFD.DOC
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
SETBACK VARIANCES TO TOP OF BLUFF, FRONT YARD, AND TO
LOT WIDTH
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-l (LOW DENSITY RESIDENTIAL) DISTRICT
AND THE SD (SHORELINE OVERLAY) DISTRICT IDEN 111' wD AS 5584 CANDY
COVE TRAIL.
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on: Monday, April 22, 2002 at 6:30
p.m. or as soon thereafter as possible.
APPLICANT: Mark Toohey
5663 136th Street Court
Savage,MN 55378
SUBJECT SITE: 5584 Candy Cove Trail, legally described as Lot 31, Candy Cove
Park
REQUEST: The applicant is intending to construct a single-family house with
attached garage. The existing lot does not meet the minimum lot
width to be buildable. The proposed house is encroaching on the
required bluff setback, and front yard setback.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prepared this 2nd day of April, 2002.
Jane Kansier
City of Prior Lake
Mailed to owners of property within 350' of site on April 11, 2002..
L:I02FILESI02variancesI02-030Imail note. DOC ]
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-~ ~ PRIOR LAKIIi
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DYIC NO O1D59iC
JAMES A TERCERO
5630 LUTHER DR
PRIOR LAKE MN 55372
ST PAULS LUTHERAN CHURCH
5634 LUTHER DT
PRIOR LAKE MN 55372
ESTHER STANKOVICH
5512 CANDY COVE TRL SE
PRIOR LAKE MN 55372
SAMUEL B ill BRONSTIEN
JACQUELINE L BRONSTIEN
5524 CANDY COVE TRL SE
PRIOR LAKE MN 55372
SHELLEY G & PATRICIA E HINES
5540 CANDY COVE TRL SE
PRIOR LAKE MN 55372
ARTIruR A SCHOOT
5562 CANDY COVE TRL SE
PRIOR LAKE MN 55372
DALE E & SUSAN A BRADDY
5572 CANDY COVE TRL SE
PRIORLAKEMN 55372
ELMER W CLARKE
16280 PARK AVE SE
PRIOR LAKE MN 55372
CHARLES W CLARKE
16280 PARK AVE E
PRIORLAKEMN 55372
DANIEL DAu1' 1'J:'.NBACH
15402 FORSYTHE RD SE
PRIOR LAKE MN 55372
ROBERT W & MABEL R DUTTON
15414 FORSYTHE AVE
PRIOR LAKE MN 55372
THOMAS & JOYCE CUNNINGHAM
15426 FORSYTHE RD
PRIOR LAKE MN 55372
ANDREW J HOILAND, ill
15438 FORSYTHE RD SE
PRIOR LAKE MN 55372
BRADFORD T & SHERREL ROTHNEM
5500 WOODLAWN CIR SE
PRIOR LAKE MN 55372
~M~~~
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IXI'IISITCJL.PAclLOF dPA_
BRUCE L & DEBBIE K THOMAS
5547 CANDY COVE TRL SE
PRIOR LAKE MN 55372
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IXHIB1T~ .PAea: ?-jlA_
NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379
DAVID E. MOON EN
Phone: (952) 445-6246
Fax: (952) 445-0229
February 7, 2002
Huemoeller & Bates
16670 Franklin Trail
Prior Lake, MN 55379
Attn: Allison Gontarek
To Whom it May Concern:
According to the 2002 tax records in the Scott County Treasurer's Office, the following persons
listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following
described property:
Lot 31, Candy Cove Park, Scott County, Minnesota,
0(f J//~
David ~. Moonen
President
Scott County Abstract & Title, Inc.
MEMBER MINNESOTA LANO TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
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_ CUNNtNGHAM,n1OMAS & JOYCE
7~ IT U CfA.IJI~IAM,THOMAS&JOVCE
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~ DUTTON.ROBEIa W &MAIlEL R
"TJ IlllltttNES.9HEl..LEY G & PATRICIAE
.-11>10 HlNES.SHEllEY G & PATRICIA e'
1[. I mll~'HOI!oi/lND."I.ANDREW J
~.on'HOlI.AND.W.ANilREW J.
SHNAM2
PROPER1Y OWNER
SHHO SHSTRE
5572 CANDY COVE TRl SE
PROPER1Y OWNERS LIST
TOOHEY VARIANCE
FILE #02-030
PROPER'IY ADDI'ESS
SHCI'IY SH SHZI HOUS STREGS SIT ADI PRPLA T
PRIOR LAKE MN 55372 5572 CANDY COVE TRl SE PLAT,25027 CANDY COVE PARK
JACQUELINE l BRONSTIEN 5524 CANDY COVE TRL SE PRIOR LAKE MN 55372 5524 CANDY COVE TRL SE PlA T,25027 CANDY COVE PARK
JACQUELINE L BRONSTIEN 5524 CANDY COVE TRL SE
, 16280 PARK AVE SE
16280 PARK AV~
16280 PARK AVESE
16280 PARK AVE SE
16280 PARK AVE SE
15426 FORSYTHE RD
15426 FORSYTHE RD
15402 FORSYTHE RD SE
154M FORSYTHE AV
5540 CANDY COVE TRL SE
5540 CANDY COVE TRl SE
15438 FORSYTHE RD SE
15438 ~Uf{SY-I-HE RD SE
PRIOR LAKE MN 55372 5524 CANDY COVE
PRIOR LAKE MN 55372 0
PRIOR LAKE MN 55372 0
PRIOR LAKE MN 55372 0
PRIOR LAKE MN 55372 0
PRIOR LAKE MN 55372 0
PRIOR LAKE MN 55372 15426 FORSYTHE
PRIOR LAKE MN 55372 15426 FORSYTHE
PRIOR LAKE MN 55372 15402 FORSYTHE
PRIOR LAKE MN 55372 15414 FORSYTHE
PRIOR LAKE MN 55372 5540 CANDY COVE
PRIOR LAKE MN 55372 5540 CANDY COVE
PRIOR LAKE MN 55372 15438 FORSYTHE
PRIOR LAKE MN 55372 15438 FORSYTHE
TRl SE PLAT,25027 CANDY COVE PARK
PLAT ,25027 CANOY COVE PARK
PLAT,25027 CANDY COVE PARK
PlAT-25027 CANDY COVE PARK
PlAT,25027CANDY COVE PARK
PlAT ,25027 CANDY COVE PARK
RD SE PLAT,25048 MAVES 2ND LAKE ADDN
RD SE PLAT,25048 MAVES 2ND LAKE ADDN
RD SE PLAT,25048 MAVES 2ND LAKE ADDN
RD SE P!AT,25048 MAVES 2ND LAKE ADDN
TRl SE PLAT ,25027 CANDY COVE PARK
TRL SE PLAT,25027 CANDY COVE PARK
RD SE PLAT,25048 MAVES 2ND LAKE ADDN
RD SE PLAT,25048 MAVES 2ND LAKE ADDN
LEGAl DESCRIPTION
PR PR LEGAl 1
30
24
& LOT 25 EX TRIANG STRIP AlONGW LINE OF LOT 24(4'
WIDE PROX)
& LOT 25 EX TRIANG STRIP ALONGW LINE OF LOT 24{4'-
WIDE PROX)
& LOTS 34 & 36 EX HWY
& LOTS 34 & 36 EX HWY
& LOTS 34 & 36 EX HWY
& LOTS 34 & 36 EX HWY
& LOTS 34 & 36 EX HWY
& N 10' OF LOT 15 (EX TRIANGLEI4' X 10' IN LO~"
& N 10' OF LOT 15 (EX TRIANGLE14' X 10' IN LOT 15)
24
32
32
32
32
32
14
14
12
13
26
126
15
15
&27
&27
& LOT 16 EXN 10' OF 15
& LOT 1BEX N 10' OF 15
SECT,36lWP,115 RNG-022 PIO STATE HWY 13
(PARCELS 31, 31A, 31B) LYINGNW OF HWY 13, SWOF
CANDY COVE PARK, & NE OFLAKE SIDE MANOR
(FORMERL YTHE TURNBACK OF PIO HWY 13)
& LOTS 11 & 12
& LOTS 11 & 12
& LOTS 11 & 12
& LOT 29
& LOT 29
EX TRIANGLE ON W LINE & PARCEL 4' IN WIDTH NEAR'
CENTERON W LINE OF LOT 24
LYING W OF A LINE COM MOST N'ERl Y GOR, SE 120', N
15' TOPOB, SE 109.14' TO SE LINE & THERE
TERMINATING.
SECT,36"TwP,115 RNG-022 P/O GOVT L T 2 S OF CANOY
COVE PK W OF E LINE OF 31 EX ,07A
16200 EAGLE CREEK AV PRIOR LAKE MN 55372 0
5500 WOODLAWN CIR SE PRIOR LAKE MN 55372 5500 WOODLAWN CIR SE PLAT,25061 LAKESIDE MANOR 1ST ADDN 10
5500 WOODlAWN CIR SE PRIOR LAKE MN 55372 5500 WOODlAWN CIR SE PlAT-25061 LAKESIDE MANOR 1ST ADON 10
5500 WOODlAWN CIR SE PRIOR LAKE MN 55372 5500 WOODLAWN CIR SE PlAT,25061 LAKESIDE MANOR 1ST ADDN 10
5562 CANDY COVE TRL SE PRIOR LAKE MN 55372 5562 CANDY COVE TRL SE PLAT,25027 CANDY COVE PARK 28
5562 CANDY COVE TRL SE PRiOR LAKE MN 55372 5562 CANDY COVE TRL SE PLAT,25027 CANDY COVE PARK 28
5512 CANDY COVE TRl SE PRIOR LAKE MN S5372 5512 CANDY COVE TRL SE PLAT,25027 CANDY COVE PARK 23
5630 LUTHER DR PRIOR LAKE MN 55372 5630 LUTHER DR PLAT,25024 RLS #072 TC A
-..._~-
15547 CANDY COVE TRL SE PRIOR LAKE MN 55372 5547 CANDY COVE TRL SE
15663 136 ST CT SAVAGE MN 55378 5584 CANDY COVE TRL SE PLAT,25027 CANDY cOliE PARK 31
259360750 PRIOR LAKE,CITY OF CITY ADMINISTRATOR
25Oll1Ql.1Q ROTHNal,IIRADfORD T & SHERREL
25061QiIllIROTHNEM,BRADFORO T & SHERREL~'
SIE, Jll,l RO,T~T&SHE, RREL
T.ARJHURA
ABIliUR A ' -' ,'" -
25CalQllMl'fi.IIfiM(MCH,ESTt1!:R
25024iiU) ,,'....'..,..;. 1...JAMesA
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2!iS:lllll1:/ll.1 THQMA8,BRUCE l & DEel!IE K
~0027022OlTOOHEy,MARK J 1
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maillst
4/11/02