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HomeMy WebLinkAbout02-89 Hillcrest Appeal Doc. No. T 135982 Vol. 107 Page 174 Cert. 35392 OFFICE OF THE REGISTRAR OF TITLES SCOTT COUNTY, MINNESOTA Certified Filed on11-12-2002at 10:37. Pat Boeckman, Registrar of T'~ies Fee: $20.00 Ol State of Minnesota County of Scoff I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached RESOLUTION 02-146 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its September 3, 2002 meeting. Date: Kelly M[yer Deputy City Clerk h:\certify.doc RESOLUTION 02-146 RESOLUTION OF TI~ PRIOR LAKE CITY COUNCIL REVERSING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO TIlE PROVISIONS OF SECTION 1104.402 TO ALLOW Tlt~ IMPORT OF MATERIALS, GRADING AND FILLING WITltIN THE BLUFF IMPACT ZONE ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND TIlE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14764 ROSEWOOD ROAD MOTION BY: ZIESKA SECOND BY: LEMAIR Hillcrest Homes, LLC, applied for a variance from Section 1104.402 of the City Code in order to permit the import of materials, grading and filling within a bluff impact zone on property located in the R-1 (Low Density Residential) and SD (Shoreland) Districts at 14764 Rosewood Road NE, Prior Lake MN, and legally described as follows: Lot 7, Block 2, Knob Hill, Scott County, Minnesota; and 5-3J0- ooT -D On July 8, 2002, the Planning Commission reviewed the application for a variance as contained in Case File #02-076, and held a public hearing on said variance application; and The Planning Commission after considering comments from the public hearing, the staff report and the information in Case File #02-076 concluded that the criteria for issuing a variance were not satisfied; and Hillcrest Homes, LLC, on July 12, 2002, appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code; and On August 19, 2002, the City Council conducted a duly noticed public hearing on Hillcrest Home's appeal of the Planning Commission's decision to deny the applied for variance; 'and The City Council reviewed the information contained in Case File #02-076 and Case File #02- 089. NOW TRE~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE TItAT: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council finds that there is evidence in the record from the DNR and from the developers geotechnical engineer that suggest to remove the retaining wails already in place and to regrade that portion of the bluff that has already been disturbed could pose the risk of degrading the stability of the bluff. r:\resoluti\planres~2002\02-131 .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 3) The City Council finds for reasons solely related to the integrity of the bluff and to avoid further disturbance thereto that the decision of the Planning Commission to deny the above referenced variance is overturned. 4) Hillcrest Homes, LLC is granted a variance from Section 1104.402 of the Prior Lake City Code to permit the completed import of materials, grading and filling within a bluff impactzone on the property located at 14764 Rosewood Road NE, Prior Lake, Minnesota, subject to the strictest adherence to the conditions set forth herein. 5) The following conditions shall be adhered to prior to the issuance of a Certificate of Occupancy for thesingle family dwelling at 14764 Rosewood Road: a) No further import of mater/als, grading or filling within the bluff impact zone is to occur. b) The developer is to apply to the City for a grading permit. c) The developer shall purchase from the City a copy of the Prior Lake Zoning Ordinance and Prior lake Public Works Design Manual and shall refer to these documents in connection with any future development within the City. 6) The City Council accepts the voluntary contribution of Mr. Chris Deanovic in the amount of $2500. Mr. Deanovic has offered this payment in recognition of the fact that by failing to obtain the necessary grading permit that work on the property violated City Zoning Code provisions and subjected Mr. Deanovic to enforcement action. 7) The contents of Planning Case File #02-076 and Planning Case File #02-089 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 3rd day of September, 2002. {Seal} YES NO Haugen X Haugen Petersen X Petersen LeMair X LeMair Gundlach X Gundlach Zieska X ,~iesk~ ,~ ~ City Managletr r:\rcsoluti\planres~2002\02-131 .doc Page 2 Scott County Customer Service (952) 496-8150 #227208 12-NOV-2002 CUSTOMER HILLCREST HOMES INC T Memorial 1 @ Torrens 20.00ea Total for Fee 20.00 FILE NUMBER OR NAME: 253100200 Receipt Total 20.00 Check 20.00 Payment Total 20.00 Change 0.00 ASSENT OF APPLICANT File # 02-089PC As Approved by Resolution # 02-146 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 and Cancellation 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 Required. 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 Required. 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 Upon 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: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. L:\02FILES\02appeal\hillcrest appeal~ASSENT.DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (955~) 447-4230 / Fax (952) 447-45~45 AN EQUAL OPI>ORTUNITY EMPLOYER (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 accomplis fulJ.,c, ompliance with said notice and conditionsl/''- ~Td-~ ~ ~Of the Resolution.~IN~URE~ ~ DATE S OF APPLICANT/OWNER 14764 ROSEWOOD ROAD ADDRESS OF PROPERTY SIGNATURE OF APPLICANT/OWNER L:\02FILES\02appeal\hillcrest appeal\ASSENT.DOC 2 lO: ~7 l~57- itt/ 3~5~ State of Minnesota County of Scoff I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached RESOLUTION 02-146 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its September 3, 2002 meeting. h:\certify.doc RESOLUTION 02446 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO TI-IE PROVISIONS OF SECTION 1104.402 TO ALLOW THE IMPORT OF MATERIALS, GRADING AND FILLING WITHIN THE BLUFF IMPACT ZONE ON PROPERTY LOCATED IN TFI'E R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14764 ROSEWOOD ROAD MOTION BY: WI-IEREAS, ZIESKA SECOND BY: LEMAIR Hillcrest Homes, LLC, applied for a variance from Section 1104.402 of the City Code in order to permit the import of materials, grading and filling within a bluff impact zone on property located in the R-I (Low Density Residential) and SD (Shoreland) Districts at 14764 Rosewood Road NE, Prior Lake MN, and legally described as follows: Lot 7, Block 2, Knob Hill, Scott County, Minnesota; and gS-3JO- ooT)-D . On July 8, 2002, the Planning Commission reviewed the application for a Variance as contained in Case File #02-076, and held a public hearing on said variance application; and The Planning Commission after considering comments from the public hearing, the staff report and the information in Case File #02-076 concluded that the criteria for issuing a variance were not satisfied; and Hillcrest Homes, LLC, on July 12, 2002, appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code; and On August 19, 2002, the City Council conducted a duly noticed public hearing on Hillcrest Home's appeal of the Planning Commission's decision to deny the applied for variance; 'and The City Council reviewed the information contained in Case File #02-076 and Case File #02- 089. NOW TFm~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE THAT: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council finds that there is evidence in the record from the DNR and from the developers geotechnical engineer that suggest to remove the retaining walls already in place and to regrade that portion of the bluff that has already been disturbed could pose the risk of degrading the stability of the bluff. r:\resoluti\planres\2002\02-131 .doc Page 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3) The City Council finds for reasons solely related to the integrity of the bluff and to avoid further disturbance thereto that the decision of the Planning Commission to deny the above referenced variance is overturned. 4) Hillcrest Homes, LLC is granted a variance from Section 1104.402 of the Prior Lake City Code to permit the completed import of materials, grading and filling within a bluff impactzone on the property located at 14764 Rosewood Road NE, Prior Lake, Minnesota, subject to the strictest adherence to the conditions set forth herein. 5) The following conditions shall be adhered to prior to the issuance of a Certificate of Occupancy for thesingle family dwelling at 14764 Rosewood Road: a) No further import of materials, grading or filling within the bluff impact zone is to occur. b) The developer is to apply to the City for a grading permit. c) The developer shall purchase from the City a copy of the Prior Lake Zoning Ordinance and Prior lake Public Works Design Manual and shall refer to these documents in connection with any future development within the City. 6) The City Council accepts the voluntary contribution of Mr. Chris Deanovic in the amount of $2500. Mr. Deanovic has offered this payment in recognition of the fact that by failing to obtain the necessary grading permit that work on the property violated City Zoning Code provisions and subjected Mr. Deanovic to enforcement action. 7) The contents of Planning Case File #02-076 and Planning Case File #02-089 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 3rd day of September, 2002. YES NO Haugen X Haugen Pete'sen X Petersen LeMair X LeMair Gundlach X Gundlach Zieska X ~iesk~ ,,~ l~ {Seal} City Mana~IL''' Wu'esoluti\planres~O02\02-131 .doc Page 2 October 4, 2002 Mr. Chris Deanovic Hillcrest Homes, Inc. P.O. Box 456 Prior Lake, MN 55372 Dear Mr. Deanovic: Endosed is a certified copy of Resolution 02-146, reversing the derision of the Planning Commission and approving the requested variance for Lot 7, Block 2, Knob Hill (14764 Rosewood Road). This resolution must be recorded within 60 days, or by November 2, 2002, at the Scott County Land Records Office. I have included a copy for your records. Also, the enclosed assent form must be signed by all property 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. Should you have any questions, please feel free to contact me at (952) 447-9813. Sincerely, Planner Endosures 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER State of Minnesota County of Scott I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached RESOLUTION 02-146 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its September 3, 2002 meeting. Kelly Meyer '~ Deputy City Clerk h:\certify.doc RESOLUTION 02-146 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO THE PROVISIONS OF SECTION 1104.402 TO ALLOW THE IMPORT OF MATERIALS, GRADING AND FILLING WITHIN THE BLUFF IMPACT ZONE ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14764 ROSEWOOD ROAD MOTION BY: ZIESKA SECOND BY: LEMAIR Hillcrest Homes, LLC, applied for a variance from Section 1104.402 of the City Code in order to permit the import of materials, grading and filling within a bluff impact zone on property located in the R-1 (Low Density Residential) and SD (Shoreland) Districts at 14764 Rosewood Road NE, Prior Lake MN, and legally described as follows: Lot 7, Block 2, Knob Hill, Scott County, Minnesota; and On July 8, 2002, the Planning Commission reviewed the application for a variance as contained in Case File #02-076, and held a public hearing on said variance application; and The Planning Commission after considering comments from the public hearing, the staff report and the information in Case File #02-076 concluded that the criteria for issuing a variance were not satisfied; and WHEREAS, Hillcrest Homes, LLC, on July 12, 2002, appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code; and On August 19, 2002, the City Council conducted a duly noticed public hearing on Hillcrest Home's appeal of the Planning Commission's decision to deny the applied for variance; and The City Council reviewed the information contained in Case File #02-076 and Case File #02- 089. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE THAT: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council finds that there is evidence in the record from the DNR and from the developers geotechnical engineer that suggest to remove the retaining walls already in place and to regrade that portion of the bluff that has already been disturbed could pose the risk of degrading the stability of the bluff. r:\resoluti\planres\2002\02-131 .doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Pr. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3) The City Council finds for reasons solely related to the integrity of the bluff and to avoid further disturbance thereto that the decision of the Planning Commission to deny the above referenced variance is overturned. 4) Hillcrest Homes, LLC is granted a variance from Section 1104.402 of the Prior Lake City Code to permit the completed import of materials, grading and filling within a bluff impactzone on the property located at 14764 Rosewood Road NE, Prior Lake, Minnesota, subject to the strictest adherence to the conditions set forth herein. 5) The following conditions shall be adhered to prior to the issuance of a Certificate of Occupancy for the single family dwelling at 14764 Rosewood Road: a) No further import of materials, grading or filling within the bluff impact zone is to occur. b) The developer is to apply to the City for a grading permit. c) The developer shall purchase from the City a copy of the Prior Lake Zoning Ordinance and Prior lake Public Works Design Manual and shall refer to these documents in connection with any future development within the City. 6) The City Council accepts the voluntary contribution of Mr. Chris Deanovic in the amount of $2500. Mr. Deanovic has offered this payment in recognition of the fact that by failing to obtain the necessary grading permit that work on the property violated City Zoning Code provisions and subjected Mr. Deanovic to enforcement action. 7) The contents of Planning Case File #02-076 and Planning Case File #02-089 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 3rd day of September, 2002. {Seal) YES NO Haugen X Haugen Petersen X Petersen LeMair X LeMair Gundl~ch X Gundlach Zieska X ~iesk~ ~,/ ~ I }i II ~1~ I City Managlel r:\resoluti\planres\2002\02-131 .doc Page 2 ASSENT OF APPLICANT File # 02-089PC As Approved by Resolution # 02-146 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 and Cancellation 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 Required. 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 Required. 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 Upon 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: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. L:\02FILES\02appeal\hillcrest appealXASSENT.DOC 1 16200 Ea~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Pr. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Vari~ce. (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. 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/OWNER 14764 ROSEWOOD ROAD ADDRESS OF PROPERTY SIGNATURE OF APPLICANT/OWNER L:\02FILES\02appeal\hillcrest appeaI~ASSENT.DOC 2 August 15, 2002 Hillcrest Homes, Inc. P.O. Box 456 Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the August 19, 2002, City Council meeting. The meeting will begin at 7:30 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 or have any questions, please contact me at 447-9810. Sincerely, ~Tane a~. 7(ansier Jane Kansier, AICP Planning Coordinator Enclosure I:\deptwork\blankfrm\meetlrcc,doc 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER A Financial Services Company 1320 South Frontage Road Hastings, Minnesota 55033-2426 Phone (651) 437-6169 FAX (651) 438-3583 LETTER OF CREDIT TO: City of Prior Lake No.: 14-I028638 % Steven Horseman Date: August 15, 2002 16200 Eagle Creek Ave. Prior Lake, MN 55372 Dear Mr. Horseman, We hereby issue, for the account of Hillcrest Homes, Inc. and in your favor, our Letter of Credit in the amount of $10,000.00, available to you by your draft drawn on sight on the undersigned bank. This Letter of Credit refers to the property located at: 14764 Rosewood Rd., Prior Lake, MN. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 14-1028638, dated August 15, 2002, of First Federal fsb." b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at 1320 South Frontage Rd., Hastings, MN 55033, on or before 4:00 p.m. on November 15, 2002. This Letter of Credit becomes null and void on November 15, 2002. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under, and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Thomas J. Ries Senior Vice President First Federal fsb HILLCKEST ",4 Builder Driven By Quality Craftsmanship and Value." August 15, 2002 Steve Horseman City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 Dear Steve: Enclosed you will find the letter of credit for the retaining wall at 14764 Rosewood Road. Per our discussion this letter of credit will allow the city to release the stop work order on this site. If the City Council grants our variance for this retaining wall it is understood that the letter o£credit will be returned to Hillcrest Homes, Inc. Furthermore, if the City Council denies our request for the variance and we subsequently remove the retaining wall it is understood that the letter of credit will be returned to Hillcrest Homes, Inc. It is understood t~at this letter of Credit will be drawn upon only ifHillcrest Homes, Inc. does i~t ~p~//~it~ity Council resolution regarding the retaining wall. Chr, iM3e'anovic President Builder License #20036544 · Member of the Builders Association of the Twin Cities P.O. Box 456 ° Prior Lake, Minnesota 55372 Office: 952-898-7663 · Fax: 952-898-3364 · Web: www. hillcresthomesinc.com CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA#: PREPARED BY: SEPTEMBER 3, 2002 8B JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING A VARIANCE TO ALLOW THE IMPORT OF MATERIALS, GRADING AND FILLING WITHIN A BLUFF IMPACT ZONE FOR HILLCREST HOMES INC. (Case File #02-076PC) DISCUSSION: Histon/: Hillcrest Homes Inc was issued a building permit to construct home at 14764 Rosewood Road. Hillcrest's building permit application failed to identify that a portion of the property would be graded to construct a beach area and retaining wall near the lake. These activities required a grading permit. Because the activity involved work in the bluff impact zone, a variance was required to allow the issuance of a permit for the import of materials, grading and filling. Hillcrest Homes applied for a variance. The Planning Commission denied the variance finding that the application did not meet the hardship criteria for a variance. Hillcrest Homes Inc. appealed the denial of the variance to the City Council. On August 19, 2002 the City Council held a public hearing on the appeal of the Planning Commission's denial of the variance. After-the-Fact Variances: There was considerable discussion, not only during the public hearing, but also as part of the Council's deliberations on the appeal, about "after-the-fact" variances. There have been numerous occasions where structures are constructed or work done without necessary permits or variances. The Council is concerned that if after-the-fact variances are approved, that would not otherwise meet the hardship criteria for approving a variance, property owners, builders and developers will have no respect for the City's ordinances. The situation presented by the Hillcrest Homes variance is an illustrative case in point. During its deliberations the City Council generally believed that had the developer applied for the variance before any work had started, been denied the variance and appealed that denial to the City Council, the City Council would have upheld the denial. The builder's representative and members of the Council suggested and recommended that there should be some punitive penalty for situations of this type. Having said that, the City Council believed that it was confronted with a situation that involved the environmental integrity of the bluff impact zone. Penalty: Mr. Deanovic has had conversations with representatives of the City. Mr. Deanovic stated that he understood that after-the-fact variances compromise the integrity of the zoning ordinance and further stated that he was aware that a violation of the City's 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Zoning Ordinance could be prosecuted as a misdemeanor. The maximum monetary fine for a misdemeanor is $1,000. Mr. Deanovic will be at the September 3rd Council meeting. However, Mr. Deanovic has voluntary offered tom pay $2500.00 to the City as a penalty for failing to get the necessary grading permit. The retaining walls, which the developer represents do not exceed 4 feet, have been constructed. The foot of the bluff has already been disturbed. There is some evidence in the record from the DNR and the builder's geotechnical engineer that removal of the retaining wall and regrading of the bluff would compromise the bluff's pre-disturbance integrity. The City Council expressed concern about slope stability and the impact of removal of the retaining walls and regrading. Conclusion: The City Council voted to approve the variance and directed the City Staff to prepare a resolution, with findings of fact, to overturn the Planning Commission's decision. A resolution, that comports with the Council's direction, is attached. The City Council has two alternatives: 1. Adopt the attached resolution to approve the variance as requested by the applicant. 2, Table or continue consideration of this item for specific reasons. The staff recommends alternative # 1. The following motion is required: A motion and second/)[o approve Resolution 02-XX overturning the decision of the Planning C~ ~.ap~ving the variance subject to the conditions set forth in the Resolution. Frank~ity~anager RESOLUTION 02-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO THE PROVISIONS OF SECTION 1104.402 TO ALLOW THE IMPORT OF MATERIALS, GRADING AND FILLING WITHIN THE BLUFF IMPACT ZONE ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 14764 ROSEWOOD DRIVE MOTION BY: SECOND BY: WHEREAS, Hillcrest Homes, LLC. Applied for a variance from Section of1104.402 of the Prior Lake City Code in order to permit the import of materials, grading and filling within the bluff impact zone on property located with the R-1 (Low Density Residential) and SD (Shoreland) Districts at 14764 Rosewood 'Road NE, "Prior Lake, Minnesota, and legally described as follows: Lot 7, Block 2, Knob Hill, Scott County, Minnesota; and WHEREAS, On July 8, 2002 The Planning Commission reviewed the variance application as contained in Case File #02-076 and held a public hearing on said variance application; and WHEREAS, The Planning Commission after considering comments from the public hearing, the staff report and the information in Case File #02-076 concluded that the criteria for issuing a vadance were not satisfied; and WHEREAS, Hillcrest homes, LLC, on July 12, 2002, appealed the decision of the Planning Commission to the City Council in accordance with Prior Lake City Code Section 1109.400; and WHEREAS, On August 19, 2002 the City Council conducted a duly noticed public hearing on Hillcrest Home's appeal of the Planning Commission's decision to deny the applied for variance; and WHEREAS, The City Council reviewed the in~rmation contained in Case File #02-076 and Case File #02-089. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA THAT: 1. The recitals set forth above are incorporated herein as if fully set forth. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The City Council finds that there is evidence in the record from the DNR and from the developers geotechnical engineer that suggest to remove the retaining walls already in place and to regrade that portion of the bluff that has already been disturbed could pose the risk of degredating the stability of the bluff. The City Council finds for reasons solely related to the integrity of the bluff and to avoid further disturbance thereto that the decision of the Planning Commission to deny the above referenced variance is overturned. Hillcrest Homes, LLC is granted a variance from Section 1104.402 of the Prior Lake City Code to permit the completed import of materials, grading and filing with a bluff impact zone on property located at 14764 Rosewood Road, NE, Prior Lake, Minnesota, subject to the strictest adherence to the conditions set forth herein. The following conditions shall be adhered to prior to the issuance of a Certificate of Occupancy for the single family dwelling at 14764 Rosewood Road: a. No further import of materials, grading or filling with the bluff impact zone is to occur. b. The developer is to apply to the City for a grading permit. Co The developer shall purchase from the City a copy of the Prior Lake Zoning Ordinance and Prior Lake Public Works Design Manual and shall refer to these documents in connection with any future development within the City. o The City Council accepts the voluntary contribution of Mr. Chris Deanovic in the amount of $2500. Mr. Deanvic has offered this payment in recognition of the fact that by failing to obtain the necessary grading permit that work on the property violated City Zoning Code provisions and subjected Mr. Deanovic to enforcement action. The contents of Planning Case File #02-076 and Planning Case File ~2-089 are hereby entered into the record and made part of the public record and the record of decision of this case. Passed and adopted this 3rd day of September, 2002. YES NO Haugen Haugen Petersen Petersen LeMair LeMair Gundlach Gundlach Zieska Zieska {Seal} City Manager 69329 651 772 7977 08/13 '02 08:42 N0.461 01/03 Minnesota Deoartment of Natural Resources l~fi~troWaters~- 1200 Warner Road, St. Paul, ~ ~5106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 13,2002 Steve Horsman City of Prior Lake 16200 Eagle Creek Avenue SI: Prior Lake, 1Wmnesota 55372 Appeals to Decisions of'the Plarming Commission, I~illcrest Hom~ (14764 Rosewood Road) and Dennis & I~aren Perrier (16502 Inguadona Beach Circle) Dear Mr. Horsman: I have r~dved the hearing notices for the two subject zoning matters to be considered before the Prior Lake City Council on Monday, August 19. I have previously commen~ed on these matters via e-mail prior to their being considered by the Planning Commission last month_ Attached arc copies of my previous correspondenc~ to you in regards to these matters. They represent DI~IR. comments on the appeals. Please share them with the city council so that they may incorporate DNK comments in to their decision on these zoning matters. Please ini'orm me of the outcome on these two items. Ii'you have any questions, please call me a~ 651-772- 7917. DNR Area Hydrologist DNR Information; 6~51-296-6157 An EqaaI Opponani.~y F~pioyer Who Values Divemlty · 1-888-646-6367 - II'Y: 651-296-5484 · 1-800-657-3929 Printed on Recycled Paper G~nralnlng a Minimum of 20% Post-Consumer Waste 69329 651 772 7977 08/13 '02 08:43 N0.461 02/03 From: To; Date: Subject: nice house, F'at Lynch "jkans~erl~lca~tyofprindake.com".intemet. DNR: Shorsman~r, itymfpriorlake.cem Thu, Jun 27, 2002 2:48 hlllc~..st homes variance, lot:7, block 2. knob hill (14764 rosewo;x] road) steep driveway, would make for a good Jeep commer~al. I don~ know what to say abeut this one, The ippllcant claims the bench'at the bottom of the bluff existed prior to their grading the access and boulder I did require Hlllcrest Homes to correct the ripmp along the shore, and they have reportedly complied with that direCtive, although I have not yet madl., e follow-up inspection. It would be good to oensicler requiring, es part ~ a building permR application, ground level photos, free of snow cover, of the sl~ore impact area for watet~ont lots. It woul¢l have made it a lot more easy to develop restoration recommendations had I had them available for this one. At this point, it would probably do more damage to go in and tearout work previously performed Inconsistent w~th the approved grading and filling'~' plan. I trust the city will cio what's right. Pat Lynch DNR South Metro Area Hydrologist phone 651.772.7917 fax 651.772,7977 pmt.lynch~dnr, stato.mn.us Minnesota Department of Natural Resources Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 ast 13, 2002 Steve Horsman City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 Appeals to Decisions of the Planning Commission, Hiilcrest Homes (14764 Rosewood Road) and Dennis & Karen Perrier (16502 Inguadona Beach Circle) Dear Mr. Horsman: I have received the hearing notices for the two subject zoning matters to be considered before the Prior Lake City Council on Monday, August 19. I have previously commented on these matters via e-mail prior to their being considered by the Planning Commission last month. Attached are copies of my previous correspondence to you in regards to these matters. They represent DNR comments on the appeals. Please share them with the city council so that they may incorporate DNR comments in to their decision on these zoning matters. Please inform me of the outcome on these two items. Ir'you have any questions, please call me at 651-772- 7917. DNR Area Hydrologist DNR Information: 651-296-6157 An Equal Opportunity Employer Who Values Diversity · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929  '~1~ Printed on Recycled Paper Containing a Minimum of 20% Post-Consumer Waste From: To: Date: Subject: Pat Lynch "jkansier~cityofpriorlake.com".intemet. DNR; Shorsman~cityofpdodake.com Thu, Jun 27, 2002 2:48 PM hillcrest homes variance, lot 7, block 2, knob hill (14764 rosewood mad) nice house, steep driveway, would make for a good Jeep commercial. I don1 know what to say about this one. The applicant claims the bench at the bottom of the bluff existed prior to their grading the access and boulder work. I did require Hillcrest Homes to correct the riprap along the shore, and they have reportedly complied with that directive, although I have not yet made follow-up inspection. It would be good to consider requiring, as part of a building permit application, ground level photos, free of snow cover, of the shore impact area for waterfront lots. It would have made it a lot more easy to develop restoration recommendations had I had them available for this one. At this point, it would probably do more damage to go in and tear out work previously performed inconsistent with the approved grading and filling plan. I trust the city will do what's right. Pat Lynch DNR South Metro Area Hydrologist phone 651.772.7917 fax 651.772.7977 pat.lynch(~dnr.state.mn.us From: To: Date: Subject: Pat Lynch Shorsman(i~cityofpriorlake.com Tue, Jul 2, 2002 8:58 AM Perrier setback variances, 16502 Inguadona Beach Circle I have been out to this property. My recommendation would be to slide the house towards Inguadona Beach Circle 5 feet, modify the home design to meet setback averaging (with Lots 16 and 18), and recommend removal of the old boathouse as a condition of any variance approval. It appears that if the house is pulled back slightly to the street and setback averaging is utilized, the lake setback variance could be eliminated. Sideyard could also be eliminated with slight redesign. Was there a narrative describing the hardship included with the application? Pat Lynch DNR South Metro Area Hydrologi~ phone 651.772.7917 fax 651.772.7977 pat.lynch(~;ldnr.~ate.mn.us CC: "jkansier(~cityofpriorlake.com".intemet. DNR CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: AUGUST 19, 2002 7C STEVEN HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A VARIANCE TO ALLOW THE IMPORT OF MATERIALS, GRADING AND FILLING WITHIN A BLUFF IMPACT ZONE (Case file #02-076PC) History: Hillcrest Homes, LLC, installed a boulder wall and fill within a bluff impact zone during the construction of a single-family dwelling that was approved on October 24, 2001, under Building Permit # 01-1206, on the property at 14764 Rosewood Road. The applicant submitted a building permit application and survey for the project, but the information provided by the builder to the City did not include the retaining wall and the grading/filling work conducted within the bluff impact zone, and drainage/utility easements as part of the proposed project. The wall and fill were done without approval from the City. Staff inspected the project, discovered the work, and notified the builder by phone on February 13, 2002. Staff followed up with a written notice the following day and posted a "Stop Work Order" with the conditions that all noted violations shall be corrected prior to removal of the stop work order. Hillcrest Homes submitted an application for a variance on June 14, 2002, to permit the import of materials and grading/filling within the bluff impact zone to construct a boulder retaining wall. The Planning Commission held a public hearing on this request on July 8, 2002. A copy of the Planning Report, which outlines the request, is attached to this report. The Commission determined the variance did not meet all 9 hardship criteria. A reasonable use of the property, that is, a single family home, could be built on this lot without the need for grading, excavation or the placement of the retaining wall within the bluff impact zone, as evidenced by the approved permit. The site was not developed as proposed and approved under Building Permit # 01- 1206. The Commission denied the variance request, and adopted Resolution 02-010PC to that effect. A copy of the minutes of the ~ r t p T 162t~0°~t~Rat~0,~. ~3.1~.,ela~cgl t~ltCnnesota ~55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Planning Commission meeting on July 8, 2002, is attached to this report. Current Circumstances: On July 12, 2002, the applicant submitted the attached letter appealing the Planning Commission's decision to deny the requested variance. The appeal was scheduled for hearing before the Council on August 19, 2002, as requested by the applicant and in accordance with the Zoning Ordinance requirements. The staff report to the Planning Commission recommended denial of the requested variance. This recommendation was based on the fact that there is a reasonable use of the property without the placement of fill or a retaining wall within the bluff impact zone. The approved building permit for the single family dwelling on the lot did not include any impact to the bluff. No hardship existed that prevented the applicant from constructing the single family dwelling, which the applicant detailed in the materials submitted with the single family dwelling. The applicant created the hardship by installing the boulder wall and fill in violation of Zoning Ordinance Section 1104.402. The Planning Commission agreed with staff's recommendation and denied the requested variance. The Planning Commission determined that a reasonable use of the property existed without the requested variance. The applicant was able to construct a single family dwelling without filling, excavating or constructing a boulder retaining wall within the bluff. The variance could be eliminated by removing the fill and boulders, and restoring the bluff impact zone to its original condition. The findings of fact included in this report reflect the Planning Commission's decision. Issues: The City Council must determine if it concurs with the Planning Commission's decision to deny the requested variance. Minnesota State Statutes and the City of Prior Lake Zoning Ordinance require the following hardship criteria be applied as a standard for approval of variance requests. All nine hardship criteria must be met regarding each variance request. VARIANCE HARDSHIP STANDARDS 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 L:\02FILES\02appeal\hillcrest appeal\CCREPORT.doc 2 developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. There is a reasonable use of this property without the grading, excavation and construction of a boulder wall within the bluff impact zone. The applicant applied for and was issued a building permit for a single family dwelling; the building permit application did not include any impact to the bluff. The applicant created the situation by constructing the boulder wall and backfilling in violation of the Shoreland Ordinance. 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 bluff topography is a unique condition of the property and the immediate adjoining property, and does not apply, generally, to other land in the Shoreland District. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. The granting of the variance is not necessary for the preservation and enjoyment of a substantial property right of the owner. The applicant received a building permit that permitted the construction of a single family dwelling on the property without the need for disturbing the bluff. The applicant created the hardship by changing the existing conditions of the bluff impact zone with the boulder wall and back filling. The applicant had a reasonable use of the property under the original existing conditions and topography. 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. The granting of the variance for the importing of materials in the bluff impact zone should not impair adequate light and air to adjacent properties, nor increase the danger of fire, or endanger the public safety unless a bluff failure occurred. 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. L:\02FILES\02appealLhillcrest appeal\CCREPORT.doc 3 The granting of the variance does not appear to unreasonably impact on the character and development of the neighborhood. However, should a bluff failure occur, this may impair the health safety of the area. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of the variance request for importing material in the bluff impact zone is contrary to the intent of the City Ordinance, which is to prohibit the importation of materials in the bluff impact zone. 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 requested variance serves as a convenience to the applicant because the applicant created the need for the variance by importing materials into the bluff impact zone without authorization. A reasonable use of the property existed without the need for disturbing the bluff. 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 requested bluff variance is a result of the property owner's actions, and could be eliminated by correcting the violation and removing the imported materials and restoring the area to its original condition. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Economic hardship appears to be factor here do to the expense to remove the boulders and fill, and restore the bluff impact zone to its original condition. However, variance requests are not based on economic hardship alone. Conclusion: The Planning Commission determined the requested variance did not meet all 9 hardship criteria. The need for a variance can be eliminated by removing the boulders and fill, and restoring the bluff impact zone to the original condition. An alternative site condition and reasonable use of the property existed prior to the importation of the fill and boulders. At the Planning Commission meeting, there was also some discussion that removing the boulder wall at this time will destabilize the bluff. There is no definitive evidence that this would be the case. However, if the City Council upholds the decision of the Planning Commission and requires removal of the boulder wall and restoration of the bluff, L:\02FILES\02appeal\hillcrest appeal\CCREPORT.doc 4 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: the applicant will be required to submit a grading plan, prepared by a registered professional engineer, which outlines the steps to be taken to ensure the stability of the bluff. The City Council has three alternatives: 1. Adopt a resolution upholding the decision of the Planning Commission to deny the variance as requested by the applicant. The attached Resolution is consistent with this action. 2. Overturn the decision of the Planning Commission and direct staff to prepare a resolution with findings of fact for the approval of the requested variance. 3. Table or continue consideration of this item for specific reasons. The staff recommends alternative # 1: A motion and second to uphold the decision of the Planning Commission to deny the requested variance to permit the import of ing/filling within the bluff impact zone. Fra~es~City Manager L:\02FILES\02appeaBhillcrest appeal\CCREPORT.doc 5 RESOLUTION 02-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO THE PROVISIONS OF SECTION 1104.402 TO ALLOW THE IMPORT OF MATERIALS, GRADING AND FILLING WITHIN THE BLUFF IMPACT ZONE ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14764 ROSEWOOD ROAD MOTION BY: SECOND BY: WHEREAS, WHEREAS, ; and Hillcrcst Homes, LLC, applied for a variance from Section 1104.402 of the City Code in order to permit the import of materials, grading and filling within a bluff impact zone as shown in Attachment 1 on property located in the R-1 (Low Density Residential) and SD (Shoreland) Districts at 14764 Rosewood Road NE, Prior Lake MN, and legally described as follows: Lot 7, Block 2, Knob Hill, Scott County, Minnesota; and WHEREAS The Planning Commission reviewed the application for a variance as contained in Case File #02-076, and held hearings thereon July 8, 2002; and The Planning Commission concluded the variance request did not meet the hardship criteria and denied the request; and Hillcrest Homes, LLC, appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on July 12, 2002; and The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-076 and Case File #02-089, and held a hearing thereon on August 19, 2002 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 finds that the requested variance does not meet the criteria 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. 3) the City Council has determined that the Planning Commission's decision denying the requested variances should be upheld, and said variances should be denied l:\02flles\02appealXhillcrest appeal\ceres.doc Page 1 16200 La§lc Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 4) The City Council makes the following findings: a. Hillcrest Homes, LLC, appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on July 12, 2002. b. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02~076 and Case File #02-089, and held a hearing thereon on August 19, 2002. The City Council has considered the effect of the proposed variances 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 variances on the Comprehensive Plan. The City Council has determined the request does not meet the hardship criteria. There are not unique circumstances or conditions regarding the property. Any hardship was caused by the actions of the applicant through the design and placement of the imported materials. There are no unique characteristics to the property that would constitute a hardship. e. The denial of the requested variances does not constitute a hardship with respect to literal enforcement of the ordinance as a reasonable use of the property exists without the variance. 5) The contents of Planning Case File #02-076 and Planning Case File #02-089 are hereby entered into and made a part of the public record and the record of the decision for this case. 6) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission denying variances to permit the import of materials, grading and filling within the bluff impact zone for applicant Hillcrest Homes, LLC. Passed and adopted this 19th day of August, 2002. YES NO Haugen Haugen Petersen Petersen LeMair LeMair Gundlach Gundlach Zieska Zieska {Seal} City Manager l:\02files\02appeal\hillcrest appeal\ccres.doc Page 2 HILLCREST HOMES "A Builder Driven By Quality Craftsmanship and Value." July 12, 2002 Steve Horsman City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: I am writing in regards to the planning commission denial of our variance at 14764 Rosewood Road. At this time we wish to %p~eal that denial to the City Council. However, I will be out of town on August 5 , 2002, and therefore would like to have the appeal come before the council at the following meeting. If you have any questions or require additional information please give me a call. C is D ovic pr~a~°v Builder License #20036544 ' 34ember of the Builders Association of the Twin Cities P.O. Box 456 · Prior Lake, Minnesota 55372 Office: 952-898-7663 - Fax: 952-898-3364 -Web: www. hillcresthomesinc.com In[' PLANNING REPORT AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: 5C CONSIDER A VARIANCE TO ALLOW IMPORTED MATERIALS WITHIN THE BLUFF IMPACT ZONE, FOR HILLCREST HOMES, INC., Case File #02-076 14764 ROSEWOOD ROAD NE STEVEN HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR X YES NO JULY 8, 2002 INTRODUCTION: The Planning Department received a variance application from Hillcrest Homes, Inc., (applicant/owner/Chris Deanovic) to permit a boulder retaining wall to remain on the property located at 14764 Rosewood Road. The boulder wall and fill were installed during the construction of a single-family dwelling that was approved under Buil.ding Permit # 01-1206. The applicant had submitted a building permit application and survey for the project, but the submitted materials did not include the retaining wall and the grading/filling work conducted within the bluff impact zone as part of the proposed project. Thus this work was done without a permit. An inspection of the project by staff discovered the work. (Attachment 1 - As Built Survey). The applicant requests the following variance: 1) A variance to permit the import of materials and grading/filling within the bluff impact zone (Ordinance Section 1104.402: Topographic Alterations/Grading And Filling). DISCUSSION: Lot 7, Block 12, Knob Hill, was platted in 1995. The subject property is located within the (R1) Low Density Residential, and (SD) (Shoreland Districts). The lot is riparian with a bluff impact zone. The platted dimensions of the lot are approximately 115' wide by 300' long for a total lot area of 34,678 square feet. The lot area above the 904-foot ordinary high water elevation is 27,151 square feet (Attachment 2 - Approved Survey). 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER According to the attached survey, the top of bluff starts at the west lot line and follows the 930-foot elevation contour to approximately the center of the lot. The dashed line indicates the minimum 25' structure setback line from the top of bluff. The bluff impact zone is defined as "a bluff and land located within 20' from the top of a bluff'. The top of the bluff begins 5' inside of the setback line and continues lakeward through the bluff to the toe of the bluff or 904' contour. The applicant installed the boulders between the 908' and 910' contours and then backfilled behind the boulders to create the retaining wall. The length of boulder wall within the bluff impact zone is approximately 120' long. The wall appears to be less than 4' in height of unbalanced backfill. In addition the applicant placed a boulder retaining wall along the east lot line from the 929' elevation to below the 904' contour at the shoreline. A portion of the wall actually encroaches over the lot line and onto the adjoining property. The applicant must remove all portions of the wall that encroaches over the lot line, and the 5' drainage utility easement that runs inside of the lot line. In addition, no portion of the retaining walls may exceed 4' in height of unbalanced back fill or the wall is defined as a structure and must meet the required setbacks. Staff has posted a "Stop Work Order" on the project until all necessary corrections have been made. The applicant submitted a narrative titled Description Of Project for this variance request. In essence., the applicant claimed to be unaware of the ordinance violation when placing a row of landscape boulders and backfilling. Also, the applicant denied cutting into the base of the slope (Attachment 4 - Applicant Narrative). The applicant also submitted an engineer's letter by GEO Engineering Consultants dated June 14, 2002. The report addressed the impact the placement of the boulders and backfill will have on the site. The letter stated in part "In maintaining global slope stability, it is most importaot that soil is not excavated from the toe of the s/ope, as this will reduce the resistance against sliding of the soil mass. Converse/y, by p/acing additional weight at the toe, such as boulders and additional soil, will increase sliding resistance of the soil mass"'. The report also included recommendations regarding slope stability and surface erosion by not disturbing existing surface vegetation and trees so the site development will not interfere with adequate drainage for the site or adjacent properties (Attachment 3 - Engineers Site Observation Letter). Prior to issuance of a certificate of occupancy for this project, the owner must provide certification from a professional engineer that the final grading of the site was completed in compliance with an approved grading plan, and that all conditions of the engineers report have been adhered to. L:\02FILES\02vadances\02-076\VarRpt.doc Page 2 The City Engineering Department reviewed this variance request and has no comment. The Area Hydrologist with the Department of Natural Resources submitted comments on this request. The DNR visually inspected the site and directed the applicant to correct the riprap boulders placed along the shoreline. He reserved judgment on the work in the bluff impact zone until an engineers report was submitted, but commented that removing the boulders and imported fill at this point may have greater potential for erosion and slope failure. VARIANCE HARDSHIP STANDARDS 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. There is no question regarding the exceptional topography for this lot and the existence of a bluff impact zone. However, the applicant created the situation by constructing the boulder wall and backfilling in violation of the Shoreland Ordinance. Therefore, staff feels the variance as requested does not meet this hardship standard due to the applicants unapproved land alterations. J 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 bluff topography is a unique condition of the property and the immediate adjoining property, and does not apply, generally, to other land in the Shoreland District. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. The grantingof the variance is not necessary for the preservation and enjoyment of a substantial property right of the owner because the owner created his hardship by changing the existing conditions of the bluff impact zone with the boulder wall and back filling. L:\02FI LES\02vadances\02-076\VarRpt. doc Page 3 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. The granting of the variance for the importing of materials in the bluff impact zone should not impair adequate light and air to adjacent properties, nor increase the danger of fire, or endanger the public safety provided a bluff failure does not occur. 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 variance does not appear to unreasonably impact on the character and development of the neighborhood. However, should a bluff failure occur, this may impair the health safety of the area. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of the variance request for importing material in the bluff impact zone is contrary !o the intent of the City Ordinance, which is to prohibit the importation of materials in the bluff impact zone. 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 requested variance appears to serve as a convenience to the applicant because the applicant created the need for the variance by importing materials into the bluff impact zone without authorization. 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 requested bluff variance is a result of the property owner's actions, and could be eliminated by correcting the violation and removing the imported materials and restoring the area to its original condition. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. L:\02FILES\02vadances\02-076\VarRpt.doc Page 4 Financial considerations alone are not grounds for the granting of a variance request, but appear to be a consideration in this case due to the expense of removing the boulders and fill. RECOMMENDATION: Staff believes that all nine-hardship criteria have not been met with respect to the requested variance to permit the import of materials and grading/filling in a bluff impact zone. The applicant created the hardship when the boulder retaining wall and fill were installed on the subject property. The site was not developed as approved under Building Permit # 01-1206. The staff therefore recommends denial of the requested variance as proposed by the applicant. ALTERNATIVES: Approve the variances requested by the applicant, or approve any variances the Planning Commission deems appropriate in the circumstances. In this case, the Planning Commission should direct staff to prepare a resolution with findings approving the variance requests. 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 code criteria. ACTION REQUIRED: Staff recommends Alternative #3. A Motion and second adopting Resolution 02-010PC denying the variance to permit the importation of material into a bluff impact zone as requested by the applicant. L:\02FILES\02variances\02-076~VarRpt.doc Page 5 RESOLUTION 02-010PC A RESOLUTION DENYING A VARIANCE TO PERMIT THE IMPORTATION OF MATERIALS WITHIN A BLUFF IMPACT ZONE BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS Hillcrest Homes, Inc. have applied for a variance from the Zoning Ordinance in order to permit the construction of a boulder retaining wall and filling within the bluff impact zone to remain on the property located in the Low Density Residential (RI) and Shoreland Districts (SD) at the following location, to wit; 14764 Rosewood Road NE, Prior Lake, MN, legally described as follows: Lot 7, Block 2, Knob Hill, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-076PC and held hearings thereon on July 8, 2002. o 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. ° Because of conditions on the subject property, a legal alternative does exist by removing the imported materials placed within the bluff impact zone, the proposed variance will 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. o The proposed variance request is a result of the property owners actions by importing materials and grading/filling within a bluff impact zone. The applicant has control over the grading and filling work completed, as such, the hardship has been created by the applicant. 1:\02files\02variances\02-076\dnyrs.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Pr. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER While there is an existing structure on the lot, there is not justifiable hardship caused, and that reasonable use of the property does exist without the granting of the variance. There is a legal alternative solution for a revised grading and filling plan, and to correct the existing ordinance violation without the requested variance. The granting of the variance, as determined by the Planning Commission, is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship. 8. The contents of Planning Case #02-076PC 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 denys the following variance to allow the importation of materials within a bluff impact zone as shown in Attachment 1 - Certificate of Survey): 1. A Variance to permit the importation of materials and grading/filling within a bluff impact zone. Adopted by the Board of Adjustment on July 8, 20~ ~ ~.~ Anthony J. Stamson, Commission Chair ATTEST: Donald R. Rye, PlanningtJDir~ct(~ - l:\02files\02variances\02-076\dnyrs.doc 2 of Survey for: HILLCREST HOMES AREA = 54,678 sq. ft. ISE AREA ===I 5.34 sq. ft. 'ACE AREA '884 sq. ft. !CH/ PATIO -= 54 sq. ft. /EWAY AREA -- 2,7.30 sq. ft. ERAGE =15~ "O ,3-1-02 AS-BUILT I . / /_ - / / I ;h = 20 Feet X / / ITl Certificate of Survey for: .HILLCRFST HOMFS LOT AREA = 34,678 sq, ft. HOUSE AREA - $,554 sq. ft. GARAGE AREA m 884 sq. ft. PORCH/ PATIO ~ .54 sq. ft. DRI~V~WAY AREA -- 2,730 sq. ft. COVERAGE mls~ RE~tSEO 5-1-02 AS-BUILT 1 Inch - 20 Feet LOT 7 BLOCK 2, KNOB HILL / / / / / HILLCRES? HOMES CerUficate of Survey for: · ~ EDGE Or BI r NOI[: PROPO~D GRADES SIlO~l PER ~G ~AH 6Y: PI~ER ~lE: NO ~IIC S~S ~I~AII~ IIA~ BEEN C~[1EO ~ lifts LOT BY file RETAINING WALL NOl[: gEAr,S glO~ A~ BAnG ~ AN AS~MED OAI~ ~Y O11 Of' LANDSCAPING X 954.g I I ! i.or AREA : 54,678 sq. ft. IIOUSE AREA = 1,554 sq. ft. GARAGE AREA = 884 sq. It. PORCII/ PAIlO = 54 sq. fl. DRIVEWAY AREA = 2,750 sq. CO~RAGE =15~ EXISTING CONIOURS PER GRADING PLAN CURB (1YPICAL) DE I AIL 935.5 RE rAINING WALL .... BY OIItERS ~ BENCH MARK ~ 932.1 lOP OF PIPE ..... (/"t-~ ELEV.= - 954.8 X928.2 ELEC. 942.1 'Xq4o. g I I × / I WALL .... RETAINING WALLS PR( ~- O 2.5~, BY OILIER~. 928.4 ~ ~ rRC)POSET) CON ~ .-~ (IYPICAL) ~ ,~LU m 925.8 1 9258 \ \ \ ELEV.= ..., g06.8 I APPROVED ENGINEEIqlNG D;~PT 932.E f932.3 932.2 952.7 \ 932.5 \ 954,E 9.~2.5 932.5 \ o~.t ! BLUFF LINR / 904.0 FT. SE TBAC~ L~qE 902.3 gO?.5 .< 904.0 ~ ~9()4.O COI.I fOUR g02.! 904J ~"~(/ WA 1 ER ~LEV.=902.3 LO~S/ TLOOR ELEVAIION: '~ZZ. ~ lOP OF BI.OCK ELEVAIlON: ~.'Z~_ __ June ! 4, 2002 P O Box 21490 Minneapolis, ~ 55421 Phone 763 502-9945 Fax 763 502-9946 Mr. Chris Deanovic Hillcmst Homes, Inc. P.O. ~ox ¢56 Prior l.~te, MN 55372 Site Observation Proposed House I.~ 7, Block 2, Knob Hill Prior L~ke, Minnesma Project Nurnbe~. 001-0071-5372.2A Th~s report presents the results of site obser~fions at the property in Prior Lake, Minnesota. You autho~zed om' service on March 4, 2002. The scope of service consisted ofobsetving and documenting the condRions nfle~ recent tandsenping at the site. On March 4, 2002, we observed the condition of existing slope at the rear of the property, between the house under consn'ue~ion and the lake. It appears the steepest porlion of the slope has been relatively undisturbed. At the flatter portion of the slope, the natural access and drainage to the lake was iml~oved. We unde~tand this access was improved primarily by placing landscape boulders and some additional fill on thc lakeside of thc access. This was placed to level the access nnd provide surface drainage to the lake and away fi'om adjacent property. In addition, boulders were placed'o, the inside (house side) of the access at the toe (bottom) ofthe slope. At this time, the boulder walls are on the order of 2 to 5 feet high, w~th finnl Ip'ading yet to b~ completed. In maintaining global slope stabLlity, it is most important tha~ soil is not excavated from the toe of the slope, as this will reduce the resisumce against sliding of the soil mass. Conversely, by placing additional weight at the Toe, such as boulders and additional soil, will increase sliding ~esistance of the soil mass. It did not appear that soil had been removed from the toe of'the slope, based on our observag, ons. The new 1511 and boulders placed at the toe should aid in global stability. Another aspect of slope stability is surface erosion. Thc existing surface vegetation and trees should not be disturbed to minimize the potential for surface erosion. The surface of thc steep slope appeared to be undisua'bed, based on our visual observations. We recommend the existing trees and sm'face vegetation remain undisturbed to minimize the erosion potential. m / Z m m / m 0 m 0 m m Pro~ect Number: 001-0071-5372.2A Page 2 With regards to th~ improved lake access, we recommend thz surface be seeded with grass, or a surface layer of compacted ~ravel or other surface be placed ~o minimize the potential for In our opinion, the recent land.~ should not influence the stability of the existing slope. This judgement is based on our observation of existing conditions, thc previous subsurface exploration remits, and our experience. It should be noted, to prol~rl¥ analyze slope stability requires subsurface exploration at thc top, midway, and at the toe of the slope. In addigon, sophisticated triaxial testing of representative undi~m'bed samples should be performed. This data should then be analyzed using applicable computer analysis techniques. This is beyond the work scope for this project. If you have any questions or if we can be of further service, please call us at (763) 502-9945. Geo Engineerin$ Consultan~ Inc. Steven J, Olson~ P.E. (}eotechnical £nginccr ~eO Engineering Con~ultBnts ;nc HILLCKEST DESCRIPTION OF PROJECT ".4 Builder Driven By Quality Craftsmanship and Value." During placement of rip-rap along the shoreline of this property, we also placed a row of landscape boulders along the base of the slope. The placement of these boulders was two fold. First, was to provide a landscape definition between the landscaped area near the lake and the natural area on the hill. Second, was to provide an area for any washed sediment from the slope to accumulate without washing into the landscaped grass area near the lake. The placement of these boulders was not intently done to violate the ordinance. I honestly did not think what we were doing was going to cause a problem. However, upon investigation of this placement it is determined that part of the area where we placed the landscape boulders is in a bluff impact zone. Current ordinance does not allow for any grading or importation of fill in the bluff impact zone. We have graded and imported fill in this area when we placed and backfilled behind the rocks placed at the toe of the slope. A few items of importance. When installing the landscape boulders at the toe of the slope we did not cut into the base at any point in time. Nor did we create a flat yard area near the lake with the placement of the boulders. We merely placed them at the toe of the slope and backfilled behind. All previous survey show the flat area existed prior to any work we have done. At this point in time we would like to leave what work has been completed. We do not believe we have impacted the slope in any way, and in fact believe we helped the situation in regards to the drainage and slope stability. We had an engineering report completed, and it is attached. I Builder License #20036544 · Member of the Builders Association of the Twin Cities P.O. Box 456 · Prior Lake, Minnesota 55372 Office: 952-898-7663 · Fax: 952-898-3364 · Web: www. hillcresthomesinc.com Planning Commission Meeting July 8, 2002 Stamson pointed out staff and most Commissioners felt 10 foot A variance should not be granted - the Criego The Commissioners continued to variance that there should be should be changed. yard versus the Criego q property. Kansier City addresses the damaging the neighboring it would be 5sed at the building permit phase. MOTION BY FINDINGS BEING IT SECOND S' TO APPROVE THE REQUEST FOR TO PREPARE A RESOLUTION. THE LOT AND SITUATION. Vote taken indicated ayes nay. Lemke and Atwood. Ringstad and Stamson Voted Stamson explained thfi/~ppeal pr~s. A recess was call~/at 7:50 p.m. Th0x[neeting resumed at 8:04 p.m. C. Case #02-076 Hillcrest Homes, Inc. is requesting variances to allow grading, fill and excavation within the bluff impact zone on property located at 14764 Rosewood Road. Zoning Administrator Steve Horsman presented the Planning Report dated July 8, 2002, on file in the office of the Planning Department. The Planning Department received a variance application from Hillcrest Homes, Inc. to permit a boulder retaining wall to remain on the property located at 14764 Rosewood Road. The boulder wall and fill were installed during the construction of a single-family dwelling that was approved under Building Permit # 01-1206. The applicant had submitted a building permit application and survey for the project, but the submitted materials did not include the retaining wall and the grading/filling work conducted within the bluff impact zone as part of the proposed project. Thus this work was done without a permit. An inspection of the project by staff discovered the work. The applicant is requesting a variance to permit the import of materials and grading/filling within the bluff impact zone. The Area Hydrologist with the Department of Natural Resources submitted comments on this request. The DNR visually inspected the site and directed the applicant to correct the riprap boulders placed along the shoreline. He reserved judgment on the work in the bluff impact zone until an engineers report was submitted, but commented that removing the boulders and imported fill at this point may have greater potential for erosion and slope failure. Staff felt all nine-hardship criteria had not been met with respect to the requested variance to permit the import of materials and grading/filling in a bluff impact zone. The L:\02FILES\02planning comm\02pcminutesXMN0708022.doc 8 Planning Commission Meeting Jury 8, 2002 applicant created the hardship when the boulder retaining wall and fill were installed on the subject property. The site was not developed as approved under Building Permit # 01-1206. The staff therefore recommended denial of the requested variance as proposed by the applicant. Criego asked to restate the ordinance for the side yard wall. Horsman explained. He also pointed out the retaining wall in the drainage easement. Comments from the public: Applicant Chris Deanovic, President of Hillcrest Homes, said the staff report was correct but wanted to explain the process of building on Prior Lake. Staff was correct on the description of the east retaining wall in the easement. The corrections have been made and will have it inspected by engineering. Also the DNR did have some requests for the retaining wall on the lake. He has done a fair amount of home construction on the lake and has never included retaining walls on the building permits. He did admit he was unaware of the ordinance. The DNR has signed off on their work. Deanovic said he did not try to sneak in a 150 foot retaining wall. The point is, now what do we do? They waited a month to hear from the City Attorney and then started to put pressure on staff. He was forced to go ahead and try to continue the project. That's when it was decided to go for a variance. He would like to deal again with the bluff ordinance. It doesn't work on this lot. Deanovic said they would like to get back on the project. Stamson reiterated Deanovic's situation. Deanovic built a retaining wall making it less steep at the base. Deanovic explained the slope vegetation and the process. He felt taking the wall out will do more harm than good. They didn't want anything washed out. One of the things the ordinance is trying to do is avoid going in and cutting out the bottom of the lake. The flat spot on the lake has always been there. It has never been touched. It is a tough site. He is also dealing with the drainage issues with staff. Criego questioned how much total fill was brought in. Deanovic said probably 10 loads, 6 for the road and 4 down to the retaining wall. The upper loads did not need permits, it was part of the building permit. The lot sat for a long time because it was a difficult lot. They are trying to work with staff for the best solution. He's had a "stop work order" on this since February. Horsman said the total footage would be 100 feet of the boulder wall in the impact zone. Criego questioned if the boulders were technically in the bluff. Kansier responded they were and Deanovic admitted he filled in the bluff which is specifically against the ordinance. Deanovic responded they had done work in the bluff area. Kansier said the City requires grading permits and this is far more than balance. The permits are very limited. It is nothing new. L:\02FILES\02planning comm\02pcminutesWIN0708022.doc 9 Planning Commission Meeting July 8, 2002 Atwood questioned how far the easterly wall moved. Deanovic said they moved it out about a foot from the 5 foot easement. Part of it encroached into the neighbor's property. It has been pulled back outside the easement. The current survey does not show the corrected work. Horsman said the retaining wall is higher than 4 feet in some places, therefore the wall would have to go back 10 feet. The key is to keep the walls out of the easement. Deanovic said they will make sure the wall will be 4 feet or less. Ringstad questioned what happens in the building phase when the boulder wall in the bluff impact zone. Where does the City go from here? Horsman explained a proposed survey is reviewed by the building, planning and engineering departments. In a case like this, it would have been caught and the applicant would be notified it was not permitted. To get a grading permit, the applicant would have to supply exactly what is being changed. At that time, it would be reviewed by the engineering department. Stamson questioned if this would have been approved. Horsman said it would not. Criego questioned why the wall was not caught by the building inspectors. Kansier replied it was. A resident also complained. Duane Melling, 4833 Beach Street, built the house across the street and said his view of trees have now been replaced by a three car garage surrounded by a 4 foot stone wall. The applicant has created a drainage problem with the new retaining wall. The organic soil is being washed down into the lake. If the wall exists, it will force water into a 4 to 5 foot area between the properties with the washed out of muck and topsoil. It was washing out before. Melling pointed out the water quality article in the recent Prior Lake American. What the applicant is doing is not going to solve the problem. Melling explained some of the washout on his property and suggested installing a culvert. It is a hardship for the neighbors and he would like protection. Criego asked Mr. Melling if he had any problems or issues with the boulder wall along the bottom of the bluff. He said it was a shock to come back this spring and see a boulder wall but understands the applicant needs to protect the waterline coming in and washing out the property. Evan Shadduck, 4841 Beach Street, felt the applicant is doing a pretty good job over all. There was an error stated earlier - the applicant has been working on the project and boulders have been moved without the City knowing it. The wall was constructed in the winter. He called the engineering department out of concern. His point is so much with the current construction as it is, two 4 inch pipes were stuck out over the retaining walls forming a pond of sand and mud. The mud was all over. Shadduck explained the pipe situation. He thanked the City for watching out for residents. But understood the contractor needs to finish his project. There has been a lot of washout since the rains. Shadduck felt the lower retaining wall does not affect the area. L:\02FILES\02planning comm\02pcminutesLMN0708022.doc 1 0 Planning Commission Meeting July 8, 2002 Chris Deanovic said he is aware of the ponding and will take care of it. The two pieces of the tube are from the project and explained why they were there. The project still has a "stop work order" - they cannot work inside. Stamson questioned Deanovic on getting a permit for the boulder wall. Deanovic explained the process working with staff. Horsman agreed with Deanovic's comments. Jim Albers, 16043 Northwood Road, the realtor representing the applicant, explained the bluff ordinance. Albers cited a bluff issue on Twin Island. He did not believe staff's bluff line was correct. The issue at hand is that section of wall in the bluff impact area. Albers distributed pictures taken last winter of the project. He argued with Horsman on the bluff ordinance interpretation, the top of bluff and their DNR violation issue. Albers felt the bluff definition was not clear. A brief discussion followed on the applicant's surveyor determining the top of bluff. The question is where does the builder have to remove it? Is removing it going to do more damage than has been done already? Their engineer (not the city) felt the retaining wall should be left in. Albers felt if the stop- work order had not been done, these issues would have been handled a lot faster and there would have been grass on the site and we wouldn't be dealing with the erosion issue brought up by the neighbors. Kansier stated this lot is difficult to build on. There are several files on this property with the bluff determination. The bluff line was determined at the time the building permit was issued. These are State rules and the City has to enforce them by law. The City works extensively with the DNR on the definition and interpreting it correctly. Stamson pointed out in this particular situation, a determination was made where the bluff was and agreed to by all parties before the construction of the house. Kansier said the issue is the retaining wall. It is apparent fill was placed in the bluff impact zone wherever the Commission defines that to be. That is the issue to deal with. Duane Melling questioned if the wall was set back the proper distance. Kansier said there was no variance requested. If the wall is more than 4 feet in height, it has to be moved back to a minimum of 10 feet off the lot line. If it is less than 4 feet it has to be out of the easement. Melling also questioned the drainage on his property. Assistant City Engineer Larry Popple explained the engineering department will be working with the applicant. Comments from the Commissioners: Criego: Questioned what type of materials should be in place of the 5 foot easement to insure that the drainage goes to the lake and what would the engineering recommend. Poppler explained the culverts and drainage. L:\02FILES\02planning comm\02pcminutesXMN0708022.doc 11 Planning Commission Meeting July 8, 2002 · Questioned the drainage down to the lake. Important to note that every effort is made to correct the problem with the proper materials. Kansier stated the City will monitor the problem. · Why has the City not made a recommendation? This is not a variance issue, it is a violation of the ordinance and it should either be removed for fined. · Kansier responded that in all violation cases the City gives people options. The City tells them the available options and ask them to pursue a remedy. Horsman said the City Attorney did feel a variance was an option. However, it is an after- the-fact variance created by the applicant. · Under the terms of how the Commission reviews variances, can't state this is a legitimate variance. If the Commission denies this, what remedy will the City take? Horsman explained it will depend on the Commissioners. Ordinarily the City would issue a citation and bring the applicant to court. · This was an honest error. How big an issue is this? Compared to the property and the neighbors. He didn't take the bluff away, he added boulders. Pretty straight forward. They violated an ordinance and the penalty could be $500 or $1,000. · Kansier said that is not an option. The City's job is to enforce the ordinance. The City Attorney and City Council have options. Staff will pursue this just like all other violations. We have had other violations come before the Commission which have been denied and staff has taken the next steps forward. · Horsman stated the applicant wanted to keep the wall, staff's position was "No, it is not a permitted use." The applicant is having his public hearing to deal with the action. · Stamson questioned the City Council process. Kansier explained the court process. · This does not have any major impact on the bluff or lake. Does it warrant a variance? · Guidelines are to deny the variance. But this should not prolong the project. The bigger issue is the drainage on the east side of the property line. Lemke: · The DNR's comment is that removing the boulders may have greater potential for slope failure. Concerned about that. Understand the wall was built without a permit. · The reason we have the bluff ordinance is to protect the bluff. · Inspected the wall from the lake side. It appears to protect the bluff. It should stay but don't know how. · The bluff ordinance probably needs reworking. Its not for us to do, it is a State Ordinance. If someone does something to protect the bluff- I have concerns about taking the wall out. Atwood: · Agreed - not a fan of an after-the-fact variances, but if there is potential for slope failure it should stay. L:\02FILES\02planning comm\02pcminutesWIN0708022.doc 12 Planning Commission Meeting July 8, 2002 · Feel strongly about erosion on the neighbors. · The applicant will deal with it. · Impression is that the City staff and the community would hold the applicant to fixing the erosion. · Grant the variance. Ringstad: · Agreed with 80% or 90% of the comments, but it was wrong, it was a mistake to put the wall in. What if we look at another variance of the same thing tomorrow? Another boulder wall in a bluff impact zone with someone saying "Gee, I didn't know, it will do more harm than good to move it now." Now we created a snowball and a precedence. · Cannot support. · Deny the request and remove all the boulders in the bluff impact zone. Stamson: · This fails greatly. The applicant created this problem. I don't like the grasping of straws for the greater potential for erosion. · This wall was not necessary for the bluff. It was put in for aesthetics. · The engineer does not say the wall is necessary. He just said it isn't doing anything to endanger the slope. He says it doesn't hurt anything being there. · Hard time granting a variance on the assumption the wall is actually doing anything. · Read Pat Lynch's DNR comment - He really doesn't know without looking at an engineer's report and that maybe that is the case. He is not saying the wall should or shouldn't be removed. · The applicant did not try to do something behind the City's back, he was careless. · Agreed with Ringstad, every time someone touches the bluff, they come here and say it's got to stay because we did it. To suddenly grant that because we think it is a minor issue, is really going in the wrong direction. People will be going out building bluff in the bluff all the time. It is one of the hardest things to enforce now. If we start looking at them saying "well they did it, now we're stuck with it." It is a very slippery slope. · Will not grant the variance. Atwood questioned if the Commissioners could have this looked at during the building permit stage. Kansier said the language is there. Stamson said the problem is, this was done. If he would have brought it up during the building permit stage, it would have been caught. Atwood felt the applicant didn't know. Stamson said he should have asked. The language is in the ordinance. If it was in his paperwork up front, it would have been caught. Atwood felt Stamson was correct, the wall was for aesthetics. L:\02FILES\02planning comm\02pcminutesXMN0708022.doc 13 Planning Cotnmission Meeting Jury 8, 2002 Atwood questioned the "stop-work-order". Horsman explained the situation came about based on a complaint and further explained the corrections that needed to be done. The corrections have not been verified. Kansier explained the City has to be consistent with all applicants. MOTION BY STAMSON, SECOND BY RINGSTAD, ADOPTING RESOLUTION 02- 010PC DENYING THE VARIANCE TO PERMIT THE IMPORTATION OF MATER/AL INTO A BLUFF IMPACT ZONE. Vote taken indicated ayes by Stamson, Ringstad, Criego and Atwood. Lemke nay. MOTION CARRIED. Stamson explained the appeal process. A recess was called at 9:30 p.m. The meeting reconvened at 9:35 p.m. 1104.308 #02-072 Consider an amendment to Water Oriented Accessory Structures 1101.400 Definitions and Zoning Ordinance. MOTION BY 2002, SECOND BY RINGS' TO TABLE TO THE JULY 22, Vote taken by all. MOTION 6. Old Business: A. Case Files Preliminary Plat to be acres to be subdivided into the intersection of County Ro Trail and Bluff Heights - Consider a Planned Unit Development Crest Park. The proposal includes 28.19 units located in the southeast quadrant of and Highway 13, on the north side of Franklin Planning Coordinator Jane p~sented the Planning Report dated July 8, 2002, on file in the office of the/~ Planning D~rtment. Ray Brandt has applijRt fox approval of a d~elopment to be known as Timber Crest Park on the property locked at ! ae southeast quadrant of the intersection of CSAH 21 and TH 13, on the north s~e of Franklin Trail and. .Blu.Y~ Heights Trail. The property owner, Prior Lake ~e ~, has also signed the applicatiol~ / The oa includes the following requests: ~ * a Planned Unit Development Preliminary Plan; * a Preliminary Plat. L:\02FILES\02planning comm\02pcminutesXaMN0708022.doc 14 ~E OF A PUBLIC HEARING TO CONSIDER THE FOLLOWING: AN APPEAL TO THE DECISION OF THE PLANNING COMMISSION TO DENY THE REQUESTED VARIANCE TO THE PROVISIONS OF SECTION 1104.402 TO ALLOW GRADING AND FILLING WITHIN THE BLUFF IMPACT ZONE ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14764 ROSEWOOD ROAD. You are hereby notified that the Prior Lake City Council 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, August 19, 2002 at 7:30 p.m. or as soon thereafter as possible. APPELLANTS: Hillcrest Homes, Inc. P.O. Box 456 Prior Lake, MN 55372 SUBJECT SITE: 14764 Rosewood Road, legally described as Lot 7, Block 2, Knob Hill. REQUEST: The appellants are appealing the decision of the Planning Commission to deny their requested variance for grading and filling in a bluff impact zone and allow the construction of a boulder retaining wall to remain on the property located at 14764 Rosewood Road. If you are interested in this issue, you should attend the heating. Questions related to this heating should be directed to the Prior Lake Planning Department by calling 952-447- 9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The City Council 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 hardship criteria. Prepared this 29th day of July, 2002. Steve Horsman City of Prior Lake To be published in the Prior Lake American on August 3, 2002. L:\02FILES\02appeal\hillcrest appeal\publish note. 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 Steve Horsman From: Sent: To: Subject: Steve Horsman Tuesday, July 30, 2002 9:23 AM 'legal@swpub.com' Public notices for the Prior Lake American to be published 8/3/02 publish note,DOC publish note. DOC AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) (~{A/~A.(} 0~ofthe Ci~ of Prior Lake, Co~W of Scott, State of 1Viin~es-o~a; bein~ dull/s(vom, says on the ~ day of ~ ,..,, 2092, she served lire attached list ofp/r.sgns~to have_an interest in the c-~ ~ ,t~._.~4.,~ ~ ~7--~-~ , bym~il~i][g to t-her~ ~-c0pythereof, ",e~closed in an envelope, postage pt/epaid, 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~BLANKI:RMXMAILAFFD.DOC ICE OF A PUBLIC HEARING TO CONSIDER THE FOLLOWING: AN APPEAL TO THE DECISION OF THE PLANNING COMMISSION TO DENY THE REQUESTED VARIANCE TO THE PROVISIONS OF SECTION 1104.402 TO ALLOW GRADING AND FILLING WITHIN THE BLUFF IMPACT ZONE ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 14764 ROSEWOOD ROAD. You are hereby notified that the Prior Lake City Council 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, August 19, 2002 at 7:30 p.m. or as soon thereafter as possible. APPELLANTS: Hillcrest Homes, Inc. P.O. Box 456 Prior Lake, MN 55372 SUBJECT SITE: 14764 Rosewood Road, legally described as Lot 7, Block 2, Knob Hill. REQUEST: The appellants are appealing the decision of the Planning Commission to deny their requested variance for grading and filling in a bluff impact zone and allow the construction of a boulder retaining wall to remain on the property located at 14764 Rosewood Road. If you are interested in this issue, you should attend the heating. Questions related to this heating should be directed to the Prior Lake Planning Department by calling 952-447- 9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The City Council 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 hardship criteria. Prepared this 29th day of July, 2002. Steve Horsman City of Prior Lake To be mailed on August 8, 2002. L:\02FILES\02appeal\hillcrest appeal\publish note. DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 ^rq mu^t_ OPPO}~TUr~T~ mPLO¥~R ~ of Survey for: HILLCR~AT HOMES AREA - ~4.$78 sq. ft. tSF, AREA .1,5.34 sq. ft. !AGE ARF,A 884 sq. ft. ICH/ PATIO ,, 54 sq. ft. ~EWAY AREA -, 2,7.30 sq. ft. F. RAGE ..15~ -'O ,3-1-02 AS-BUILT I Z. / / /- ~ -- 20 Feel: x / / / ITl Smooth Feed Shest_~~.~' Use template for 5162® DUANE B & MAMIE MELLING 4833 BEACH ST NE PRIOR LAKE MN 55372 FREDERICK A WEILAND ET AL KIMBALL J DEVOY 1060 OVERLOOK RD MENDOTA HTS MN 55118 M~ Dept. of Natural Resources Attn: Pat Lynch, Div. of Waters 1200 Warner Road St. Paul, MN 55106-6793 Chris Deanovic Hillcrest Homes, Inc. P.O. Box 456 Prior Lake, mN 55372 Smooth Feed SheetsTM Usa temptat.~ for~'~ MICHAEL C & DEBORAH L BABCOCK 4877 BEACH ST NE PRIOR LAKE MN 55372 EVAN C & JEANNE SHADDUCK 4841 BEACH ST NE PRIOR LAKE MN 55372 WILLIAM E KEEN 14696 ROSEWOOD RD NE PRIOR LAKE MN 55372 ROBERT B & CINDY S STARK 14730 ROSEWOOD RD NE PRIOR LAKE MN 55372 THAD E & JENNIFER HELLMAN 14696 BLUEBIRD TRL PRIOR LAKE MN 55372 GREGORY & MARY J STANFORD 14683 ROSEWOOD RD NE PRIOR LAKE MN 55372 MARY E GILBERT 1780 PRINCETON ST PAUL MN 55105 LLOYD & VERA BERGGREN 4853 BEACH ST NE PRIOR LAKE MN 55372 SUSAN E HEATON 14688 ROSEWOOD RD NE PRIOR LAKE MN 55372 JEFFREY D MANSFIELD 14712 ROSEWOOD RD NE PRIOR LAKE MN 55372 WILLIAM RAE RICHARDSON, JR 14756 ROSEWOOD RD NE PRIOR LAKE MN 55372-1282 JON T & LESLIE A MEYER 14680 BLUEBIRD TRL NE PRIOR LAKE MN 55372 GERALD T STUCK 14689 ROSEWOOD RD PRIOR LAKE MN 55372 HELEN A VIEKLING 14310 PIKE LAKE TRL NE PRIOR LAKE MN 55372 Steve Horsman From: Sent: To: Subject: Steve Horsman Tuesday, July 30, 2002 9:23 AM 'legal@swpub.com' Public notices for the Prior Lake American to be published 8/3/02 publish note. DOC publish note. DOC Toe of the Bluff. The lower point of a 50 foot segment with an average slope exceeding 18%. Top of the Bluff. The highest point of the slope, as measured from the toe of the bluff, where the grade becomes less than 30%. Bluff Impact Zone. A bluff and land located within 20 feet from the top of a bluff. BLUFF AND BLUFF IMPACT ZONE Bluff Impact Zone ft,.:,_.,.. Blufl {Slope- 30% or Greater) Bluff Boardinghouse. A building other than a motel or hotel where for compensation or by prearrangement for definite periods, meals or lodging are provided for 3 or more persons, but not to exceed 8 persons. Boathouse. A structure used solely for the storage of boats or boating equipment. Boulevard. That portion of a street right-of-way between the curb line and property line. Bufferyard. An area of land established to protect and screen one type of land i~se frnm annthP, r land ~. that 6 BLUFF IMPACT ZONE Feet ELEVAllON: t=eJ / / / / / / ,,,,,4,~ / / ! / / / / / / / ! WAI~R ELE¥.-g01.0 3-5-02 BLUFF IMPACT ZONE OCx::x:X:x:~> ~ BOULDER RETAINING WALL ',, ~ WOO0 RETAINING WALL · ~ DENOTES FOUND IRON MONUME 2422 Enterprise Drive Mcndolo rlelghls, MN 55120 ttl~w°y Blol~o. UN 554~4 (el2) ~1~ r~l~ HOMES ' CerLificd[e of Survey for: 954.3 NOTE: NOTE: NOTE: EDGE OF LANDSCAPING X PROPOSED GRADES SIIOWN PER GRADING PLAN BY: PIONEER I 954.9 BUILDING DIMENSIONS SHOWN ARE FOR tlORIZONTAL AND VERTICAL LOCATION OF STRUCIURES ONLY. SEE ARCtlI1EC~UAL PLANS FOR BUILDING AND FOUNDATION DIMENSIONS. NO SPECIFIC SOILS INVESTIGATION IIAS BEEN COMPLETED ON Tiffs LOT BY 1lIE SURVEYOR. TNE SUITABIUTY OF SOILS TO SUPPORT ~IE SPECIFIC flOUSE PROPOSED IS NO]' Tile RESPONSIBILITY OF 1HE SUR~EYOR. 95,t.8 954.7 J NOIE: Tills CERIlFICA1E DOES NOT PURPORT TO SHOW EASEMENTS OILIER Il-lAN IlIOSE SIIOWN ON ILtE RECORDED PLAT. NOTE: CONTRACTOR MUST VERIFY ~RIVEWAY DESIGN. RETAINING WALL NOTE: BEARINGS SIIOWN ARE BASED ON AN ASSUMED DATUM BY 0 [NERS LOT AREA = 54,678 sq. fL. ~ HOUSE AREA = 1,5,34-sq. fi. GARAGE AREA = 884 sq. fL ~ PORCH/ PATIO = 54 sq. ft. DRIVEWAY AREA = 2,7.30 sq. ft. ~ ~ DEl'AIL ./~.' I ~0"~(~' ?~ 955.5 ~ // - EDGE OF LANDSCAPING RETAINING WALL ...... BY O'IHERS 0 BENCH ~ARK 0 TOP OF PIPE ELEV. = g~0.6 929.1 952.5 9~2.2 Xg: ~'-25 FT. BLUFF Xg31,7 929. k/ /. ,' I / 904.0 904.0 934J 934 952,7 934.4 \ 932.3 \ \ \ 932,5 \ 33.4 932.5 932.5 o~.o 902.2 X 902.2 .0 ~ 902.4 ~" ~'-* ~ 904.0 CONTOUR *-. ""'-'-'- EDGE OF WATER 4- 26- O0 X 902~. WE HEREBY CERllFY TO HILLCREST IIOMES THAT 1HIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE LOT 7, BLOCK 2, KNOB HILL' SCOTT COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION SCALE : 1 INCH = ,30 FEET RAT OF: :HMENTS, EXCEPT AS SHOWN, AS DAY OF MAY, 2001. RE~ISED 10-2-01 BLUFF UNE REVISED 10-4-01 CONTOURS/CMP/~I.IL RE~ISED 10-16-01 UovF H~ 14.1 _~EDGE OF BIT -- RETAINING WALL 948.4 947,2 X C) .... RETAINING WALLS g42.8 ~- ~STAIRCASE PR.OPOSED 12 CMP ~- 0 2.5% BY OTtIERS PROPOSED CONTOUR (TYPICAL) 925.8 BEI'ICH MARl( TOP OF PIPE ELEV.= 925.8 \ \ \ \ '..~ 906.8 904 .o 904,0 904,1 902.3 902.3 902.1 X 902.3 902. ,3 WATER ELEV.=902,3 PROPOSED HOUSE ELEVATION LOWEST FLOOR ELEVATION: TOP OF BLOCK ELEVATION: GARAGE SLAB ELEVATION: ~.~0,~ ]'OB @ LOOKOUT ELEVATION:_ X 000.00 DENOTES EXISTING ELEVAIlON ( 000.00 ) DENOIES PROPOSED ELEVAIlON DENOTES DRAINAGE AND UTILITY EASEMENT ~ DENOTES DRAINAGE FLOW DIRECTION --~ DENOTES MONUMENT --.r"! DENOTES OFFSET HUB CITY OF PRIOR LAKE INSPECTION NOTICE SCHEDULED ADDRESS OWNER CONTR. PHONE NO. PERMIT NO. 17'1 FOOTING [] FOUNDATION [] FRAMING [] INSULATION [] FINAL [] SITE INSPECTION [] PLUMBING RI [] MECH RI I-I WATER HOOKUP [] SEWER HOOKUP [] PLUMBING FINAL 13 MECH FINAL COMMENTS: DATE TIME [] EX/GRAD/FILLING [] COMPLAINT [] FIREPLACE RI [] FIREPLACE FINAL [] GASLINE AIR coORK SATISFACTORY, PROCEED RRECT ACTION AND PROCEED [] CORRECT WORK, CALL FOR REINSPECTION BEFORE COVERING Inspector: ~ Owner/Contr: CALL 447-9850 FOR THE NEXT INSPECTION 24 HOURS IN ADVANCE. CODE REQUIREMENTS ARE FOR YOUR PERSONAL HEALTH & SAFETY! IH$1~OTI HILLCREST "A Builder DriVen By Quality Craftsmanship and Value." March 29, 2002 Steve Horsman City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: Per our last discussion we will be making the following corrections at 14764 Rosewood Road: 1. Where applicable, move the easterly retaining wall out of the 5' drainage and utility easement. Wall shall be no more than 4' in height at finished grade. 2. Move retaining wall at southeastern comer of lot to property line where it currently encroaches onto neighbor's property line. Install rip-rap along the 904 contour. Rip-rap to be 12" or larger rocks in a random pattern along the base of existing wall. Rip rap to be placed at a minimum ora 2:1 slope, no more than five feet lakeward of the 904 contour. Extend culvert from current termination to the southern property line. Discharge pipe above the 904 contour into wash bed of rock. Install 2" foam under pipe over easement area. At this point in time there remains one outstanding item which is the small retaining wall placed at the base of the slope in the rear of the yard. It is my understanding that the City Attorney is reviewing this to determine if a variance would apply to this situation. While this is being discussed and since we have come to agreement on the other items we would like the ability to continue construction on the house. Once we have an agreement to the solution of this last item we will move forward as agreed upon. We believe we have acted in good faith on a timely manor with the other items and thus would like to continue work on the house. We appreciate your help in resolving this matter. If you have any further questions please give us a call. Builder License (420036544 · Member of the Builders Association of the Twin Cities P.O. Box 456 · Prior Lake, Minnesota 55372 Office: 952-898-7663 · Fax: 952-898-3364 · Web: www. hillcresthomesinc.com I n v1c Steve Horsman From: Sent: To: Subject: Steve Horsman Tuesday, APril 09, 2002 12:03 PM 'Pat Lynch' RE: 14764 Rosewood Road Mr. Patrick Lynch: I received a copy of your letter to Hr. Deanovic dated 3/29/02, regarding the corrections the DNR is requiring for riprap along the shoreline of the subject property, and the rescinding of the Cease & Desist order. Mr. Deanovic is proposing to the City to allow the boulders and fill placed at the lower region of the bluff impact zone to remain, with submittal of an engineers report addressing the work completed and to follow recommendations of the report. Zoning Ordinance Sec. 1104.402, does not permit the import or export of materials within the bluff impact zone. My question to you, will the removal of the placed material do more damage than good to the bluff impact zone? I would appreciate your thoughts on this issue. Steve Horsman ..... Original Message ..... From: Pat Lynch [mailto:pat.lynch@dnr.state.mn.us] Sent: Monday, February 25, 2002 3:00 PM To: Scott Carlson Cc: Shorsman@cityofpriorlake.com Subject: cease and desist order A new home is under construction at 14764 Rosewood Road on Prior Lake (near Cairrage Hills). The builder (or his subcontractor) has performed grading and rock placement in and along the shore of Prior Lake in violation of the city-approved grading plan. I looked at the site last Thursday the 21st, and confirmed work. I am unsure of the nature of work below the ordinary high water (OHW) level of Prior Lake. The city is requiring a survey from the builder and I have asked that it include the existing OHW. As we discussed, I would appreciate it if a C &D order is issued to the builder. This essentially halts additional work in the lake and calls a "time out" to sort out regulatory issues. The builder is Chris Deanovic Hillcrest Homes PO Box 456 Prior Lake, MN 55372 phone # 952-898-7663 Tthe site is located at 14764 Rosewood Road on Lower Prior. call me if you have any questions. Thank you. Please Pat Lynch DNR South Metro Area Hydrologist phone 651.772.7917 fax 651.772.7977 pat.lynch@dnr.state.mn.us NUMBER OF PAGES: ~ ,(including cover) FROM: ~ FAX No.: 447-4245 Notes From The Sender: Ihrr Notice of Confidentiality e information transmitted with this facsimile is confidential and is intended only r the individual or entity designated above. If you have received this facsimile oneously, please notify sender immediately and destroy the transmission. PLEASE CALL~ ALL PAGES. IF You Do NOT RECEIVE 16200 Eagle Creek Ave. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQt iAI. ()PI~OITFL;NITY [?,IPLOy[~I>, MEMORANDUM DATE: TO: FROM: CC: SBJCT: 4/12/02 Suesan L. Pace Steve Horsman ' ~ Jane Kansier Topographic alterations in a "bluff impact zone" (BIZ) The two submitted surveys include an approved survey for a new dwelling, and an "as built" survey with the filling and grading changes that were not approved. The applicant/owner claims to have brought in the boulder retaining wall and filled in behind this wall that runs across the lower portion of a determined bluff impact zone. Zoning Ordinance Sec. 1104.402, does not permit fill to be placed or removed from the BIZ. This was not proposed on the original plan. The applicant is requesting a variance in order to keep the wall. Please review at your earliest convenience and respond as to whether the alterations may be permitted with a variance approval. Any questions my direct dial phone # is 952-447-9854. Thank you, Steve BI'lUMINOUS DRIVEWAY. FOUNTAIN M.H. / / -/' ~ '~ ~~904.0 CONTOUR WATER ELEV.-901.0 *.-%-5-02 x * plcll~illllrl Cer[lllc(~[e o! Survey for: ROAD. PRIO~ LAKE LAJ.,IDSCAPII~IO HOLE: PROPOSED ~I~AO[$ ~10~ PER GR~G.PLAN BY: PIt~E[R HOLE: ~l.~Nfl ~M~N~'I~ ~10~ ~[ r~ II~IZ~IAL ~O ~RIICA[ L~AII~ ~ ~lRtlClt~ ~ILY. SEE ~OHIECIUA[ ~S F~ ~DIHO AIIU HOLE: C~TRACI~ MUSt ~R~Y ~WAY ~. REIAINII4G WALL HOLE: BEAmHO5 ~10~.1 ARE BA~D ~ AN AS~M[O OAIUU ~Y OIIIERS X 954.g I I I I I I_01 AREA = ~54,6~8 s% Et. I lOUSE AREA = I,;.~54 sq. fL GARAGE AREA = 8~4 sq. II. PORCII/ PAIlO = 54 ~q. ~R~VEW~Y ArE~ = 2,7~0 sq. COVERAGE =15~ EXI$ lING CON 1 OUR.c; I'ER (;RAI)ING PLAN CURB (IYPICAL) AiL ,"~,~ 935.5 RE I'AII41NG WALL BY OIIIERS BENCH MARK 'IBP OF PIPE ELEV.~ 6 ~T.° 954.8 EL[C. 942.1 / -- __-- El)GE OF BII -- -- RI: IAINIIslG WALL .... RE IAINING WALLS APPROVED ENGINL:I:- I~ING OEPT g02.$ WATER ELEV.~gu2.5 F'I{ O_~O_S_F.D I I O_U_S.~, _LI..~ V A I I 0 N LOWESI fLOOR ELEVAIION: ~JZZ.7- lot" OF BLOCK ELEVAtIUH: q 3O.q GARAGE Si. AB E.LEVAII(,)N: '~ ~O,~ lOB 0 LOUKuUI ELEVAIIUN: ....... MEMORANDUM DATE: TO: FROM: CC: SBJCT: 4/12/02 Suesan L. Pace Steve Horsman ' ~ Jane Kansier Topographic alterations in a "bluff impact zone" (BIZ) The two submitted surveys include an approved survey for a new dwelling, and an "as built" survey with the filling and grading changes that were not approved. The applicant/owner claims to have brought in the boulder retaining wall and filled in behind this wall that runs across the lower portion of a determined bluff impact zone. Zoning Ordinance Sec. 1104.402, does not permit fill to be placed or removed from the BIZ. This was not proposed on the original plan. The applicant is requesting a variance in order to keep the wall. Please review at your earliest convenience and respond as to whether the alterations may be permitted with a variance approval. Any questions my direct dial phone # is 952-447-9854. Thank you, Steve Certificote of Survey for: ROSEWOOO ROAD, PRIOR LAKE EDGE OF LANDSCAPING NO1E: PROPOSED GRADES SIIOWN PER GRADING.PLAN BY: PIONEER I 954.9 NO1E: BUll.DING DIMENSIONS SIIOWN ARE FOR IIORIZONIAL AND VF. R IICAL LOCAIlON OF SIRUCIURE$ ONLY. SEE ARCIIIIECIUAL PLANS FOR BUILDING AND FOUNDA lION OIMENSIONS. NOIE: NO SPECIFIC SOIL.q INVF. SIIGAIION IIAS BEEN COMPLE1EO ON fills I.O1 BY 1lie SURVEYOR. 1lie SUIIABILITY OF ~OILS 10 SUPPORT lllE SPECIFIC IIOUSE PROPOSE[} IS NOI lille RESPONSIBtUIY or lllE SURVEYOR. IlIIS CERIIrlCA1E DOES I'lOl PURPGRI lO SItOW EASEMENIS OILIER IlIAN IlIOSE ~IIOWN ON IIIE RECORDED PLAI. CON1RACIOR MUS! VERIFY DRIVEWAY DESIGN. RETAINING WALL BEARINGS SIIOWN ARE BASED ON AN ASSUMED DAIUM BY OTIIERS NO NOIE:: NOIE: LOT AREA = ,34,678 sq. ft. ~ HOUSE AREA ---' 1,534. sq. ft. ~ GARAGE AREA = 884 sq. ft. , ~ PORCH/ PAIlO --- 54-sq. ft. DRIVEWAY AREA = 2,7,.30 sq. ft. ~ ~', X 954.8 EXISIlNG CONIOURS PER GRADING PLAN (1YPICAL) A DETAIL ~ ~o-T~b--'~C~,L~ z<~?I /X,~l / / . g3e.8 935.5 ['**U ,~E OF RE'rAINII,IG WALL BY OIHERS BENCH MARK lOP OF PIPE ELEV. --- 942.1 X928.2 954.7 ELEC. .q47.3 942.1 946.~ ,942.*/ 629.7 // / / 932.6 932.3 932.2 932.3 952.7 932.5 934.~ 33.4 932.5 932.5 954 929.1 %, % \ 902.2 ~EDGE OF BII' 951 .~ .... RE1AINING WALL 94~.4 q47.'2 × WE HEREBY CERIlFY 1'0 HILLCREST HOMES IIIAT THIS IS A IRUE AND CORRECT REPRESENTAIlON OF A SURVEY OF IlIE LOT 7, BLOCK 2, KNOB HILL SCOTT COUNTY, MINNESOI'A IT DOES NOT PURPORT ~O SHOW IMPROVEMENTS OR SURVEYED BY ME OR UNDER MY D~RECT SUPERVISION SCALE : 1 INClt = 50 FEET ~i lnll~ nn .aT / OF: RETAINING WALLS PR,OF'OSED 12' CMP ~-~ 2.5~ DY O litERS 928.4 ~ ~ PROPOSED CON I'OUR ... -~ ~' ( l YPICAL) ~/) ~ O g25.8 925.8 \ ,'~F. -!;'; ~,.i ;d;;.; ', .... TOP ELE V. = ... g,sl , g~6.~ 904.1 904.{ 904.O go4.0 X /902.3 902.3, 904.0 / / 904.0 904.0 902.3 g02.3 X 902.2 "' ~ 904.0 CONTOUR EDGE OF WAIER 4-26-00 902.1 EXCEPT AS SHOWN, AS DAY OF MAY, 2001. REVISED 10-2-01 BLUFF UNE REVISED 10-4-01 CONIOURS/CMP/M.II. REVISFI) Iii--IR--hi Unw WA1ER ELEV.--902.5 PROPOSED I' I O_U S__E__E_LE VA I I 0 N LOWEST FLOOR ELEVA'IION: rlz 2. TOP OF BLOCK ELEVAIlON: GARAGE SLAB ELEVA'IION: 1OB @ LOOKOUT ELEVAIION: X 000.00 DENOIES EXISIINO ELEVAIION ( 000.00 ) DENOTES PRoPOSEO ~ , DENOIE~ DRAINAGE AND UIIUIY EASEMENI ~'- OENOIE$ DI~AINAGE fLOW DIRECIlON DE\DIES MONUMEIJ [ DENOIES OFFSEI IIUB SIGNEI),/" PIOHEER EI4GIN~.'~iI~G, P.A, 16200 E~i'~V~reek Ave. S.E., Prior Lake, Minnesota 5537241714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER C~.otechnic.l E~lor~tion ProF~m Proposed House Lot 7, Block 2, Knob Hill Prior Leke, Minnesota Prepared for: Mr. Chris Deanovic Hillcrest Homes, Inc. P.O. Box 4~6 Prior Lake, MN 55372 October 18, 2001 (~0 ~ngin~ering Consul~an~ /'nc Geo Engineering Consultants Znc P 0 Box ?.1400 Minneapolla, MN 5542 l Phone 763 502-9945 ~ 763 502-~ Octob~' 18, 2001 Mr. Chris Deanovic Hillcr~t Homes, Inc. P.O. Box 456 Prior Lake, MN :55372 Gco~~ Ex, oration Program Pmpo~ House Lot 7, Block 2. Knob Hill Prior Lake. Minnesota Projcct Number: 001-0071-5372 We have completed the geoteclmicsl exploration end engineering -,~lysis for the shove refererged project. This report presents the restdts of our field exploration end laboratory review programs, and provides recommendations concerning the soil and groundwater conditions as they relate to the proposed cons~uction. The soil samples will be retained in our laboratory for 30 days and then will be discarded, unless we receive a written rcquest ~rom you to hold them for a longer period. We are plcased to bc of service to you in this important phase of thc project. If there are any questions regarding the information contained in this report or if we can be of furthcr service to you, please call us at (763) 502-99~,5. Respectfully, Ahsan Siddique, P.E. Geotechnical Enginecr July 30, 2002 Chris Deanovic Hillcrest Homes, Inc. P.O. Box 456 Prior Lake, MN 55372 RE: The Stop Work Order on Building Permit #01-1206. Dear Mr. Deanovic: In regards to your request that the City lift a Stop Work Order on your project at 14764 Rosewood Road. The city originally issued the order due to the placement of a culvert on the adjoining lot line, filling/grading and the installation of a boulder retaining wall located in a bluff impact zone and drainage utility easement. This work was not originally proposed on your permit application, and was completed without approval from the appropriate City Departments. The following corrections must be completed with proof of the required corrections submitted in the form of an As Built Survey, before the City will lift the Stop Work Order: 1. Not approved: a) the boulder retaining wall constructed on the east lot line appears to be over 4' in height, and is located in the utility/drainage easements, and less than 10' from side lot lines (walls greater than 4' ht. are defined as structures). 2. Not approved: the filling, grading and boulder retaining wall located in the bluff impact zone. The only work permitted on the subject property will be corrective measures as approved by the City or that comply with the originally approved permit conditions. Regarding your appeal, if the City Council should overturn the Planning Commissions denial of your variance request, and/or you complete the required corrections, the Stop Work Order shall be rescinded. If you should have any questions regarding this matter, call my direct phone number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I will assist you. The City appreciates your cooperation on this matter. Sincerely, Zoning Administrator/Inspector 16200 E~'~reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER TABLE OF CQNTENTS l.O INTRODUCTION ......................................................................................................... 1.I 1.2 Project Des~ptioo ................................................................................................ z 2.0 FIELD TI~S'II~G PROGRAM ................................................................................. 2 2.1 2.2 2.3 Site Conditions ..................................................................................................... 2 Subsurface Conditions .......................................................................................... 3 Wazer Level Conditions ....................................................................................... 3 3,0 LABORATORY REVIEW PROGRA~ .................................................................... 3 4.0 ANALYSIS AND RECOMMI~lqDATIONS ............................................................... 4 4.1 Projcct Data ........................................................................................................... 4 4.2 Site Preparation ..................................................................................................... 4 4.3 DzaJnage ............................................................................................................. 4.4 Foundations .......................................................................................................... 4.5 Floor Slabs ........................................................................................................... 4.6 Lateral Earth l~'essme ........................................................................................... 4.7 Slope Stability ................... .: .................................................................................. ? ~.0 CONSTRUCTION CONSIDERATIOI~ ................................................................. 5.1 5.2 5.3 ~,4 Excavation Safety ................................................................................................ 7 Field Observations and Testing ............................................................................. g Winter Construction; ............................................................................................. 8 Soil Sensitivity ........ = ........ i .................................................................................... 8 6.0 REMARKS .................................................................................................................... 8 APPENDIX Boring Location Plan Boring Lo~s Exca~,ation Oversizing Typical Exterior Draintile System Precautions for Excavating and ret'tiling During Cold Weather Construction Observations and Testing ~eo Engineerin~ consuitant~ znc GEOTECHNICAL EXPLORATION PROGRAM PROPOSED HOUSE LOT ?, BLOCK 2, KNOB roLL PRIOR LAKE, M~NNESOTA PRO,rECr NUMBER: 001-0071-53'F2 1.0 INTRODUCTION We have completed the g~-~hnicai exploration program for the Propo~d House in Prior Lake, Mi~,,ota. Ceo Engineering Consultan~ Inc. was r~t~ined by you to l~'form this exploration. This report presents the results/)f the field exploration and laboratory review and our $eotechnical review md recommendations. 1.1 Prelect D~eriution Thc proposed project consists o£construction o£a new hous~ on the site. The construction sim/s loca~ aC Block 7, Lot 2, I/nob Hill in Prior Lake, Minnesota. The approx/mam locations of the soil borings are shown on the Baring ~Location Plan/ncluded in the Appendix of this report. ,1.2 ,~rvlee Stow Thc scope of our services for this project is limited m the followin8: · Explore the subsurface soil and ~roundwater conditions by performing two exploration borings. · Visually classify the extracted soil samples and review the samples/ri the laboratory. · Prepare an engineering report that include the field and laboratory test data, and recommendations for: · Grading procedures for the building, Foundation types and depths, allowable soil bearing pressures with estimates of foundation settlement. · Support for floor slabs. · Lateral earth pressure for below grade foundation walls. Engineering Consultants Znc Proje~ Numbs: 00 !-0071-5372 P~e - 2 We have also included ~n opinion resardin~ the potential for construction of the pJanrled house to cause instability of the slope adjacent to the lakeside of the ptvpert% Our services were for Zeotechnlcal ~ only. and not for documenting the presence or extent of any potential environmental conuunlnanta at the site. A total of two exploralory test borings were performed on October 9, 2001. The location and depth of the soil borings were d~termined by Geo Bngineetin~ based on the project information you provided. The approximate boring localions are shown on me Boring Location Plan included in the Appendix-of this report. The ground aurlb~e elevations shown on the boring logs were referen~ tn thc property iron as shown on the Boring Location Plan. Thc reference elevation is 928.33 feet, according to the survey by Pioneer Bngineering. The soil borings were performed with an all.terrain vetficle mounted .ch'JL~g cqu/pment usin/ direct push to advance the sampler. R. eprescnl~ve soil samples were obtained usin~ continuous sampling procedures. In addition, sev'~ral dynamic Per~a'ation tests were ~ Water level observations were made in the boreholes at completion of ibc drilling and sampling operations. During the field operations, the drill crew maintained logs of the subsurface conditions including changes in lithclogy and the observed, groundwater levels. The lo~s are included in the Appendix. : Classification of soils was performed in general accordance with American Standards for Testing and Materials (ASTM) procedurc,s. 2.1 Site Conditions The site is currently vacant and generally lFrass coveted at thc planned house location with trees on the slope towards the lake. There are existing home~ on the adjacent lots. Thc lot is relatively long and narrow and slopes downward from north to south towards thc lake. The ground surface elevation at the front of the property is at about 9S~ feet near thc cul-de-sac and (~eo Engineering Consultants Znc at about 904 feet at ~ re. ar by the hk~. The lake surface is at about 902.3 feet. The avcra~e surface clayton at thc buildin$ location is about ~26 feet. 2.2 Subsurface Conditions The subsu~cc conditions encountered at the test boring locations o~e shown on the test boring lo~s. The boring logs also indicoM the poss~le 8eolosic origin of the mam'ials encountered. We wish to point out that the subsoil conditions at other times end Io~ttions on the site tony differ ~'om those found at our test locations. If dit~t conditions are encountered ~ consU~ction, it is necessary that you contact us so that our t~commendations cea be reviewed. The soils encountered in-thc borings consist generally of existing fill/topsoil underlain by native seads, la geaeral, 1 to 1-1/2 feet of'Ell/topsoil was noticed at the boring locations. Below the fill/topsoil, the sands geaer~ly extend to she depth of exploration. The sands are varittble in grain size nad generally classified as sands with silt and sands. The densitics of the sands range f~om loose to dense. Ref~ to thc boring logs in the appendix for specific details. 2.3 Water Level Conditions} Watc~ lcvel observations were made at the completion of'the drilling operations. No water was noticed during our field work. In general, water levels rn~y flucmete throughout the year depending on seve~l factors. 3.0 LABORATORY REVIEW PROGRAM The soil samples obtained during the drilling operations were logged, labeled, scaled and delivered to our laboratory for further review. The soil samples wcr~ classified in general conformance with AST~ Standards. (~eo Engineer~ng Consultants Znc PToj~'t Number: 00 i-007 l-$372 Page - ~ 4.0 ANALYSIS AND RECOMMENDATIONS Based on tho information obtained ~rom our geoteebrdcal work and our undmtandin~ or assumptions of the project data, we made our engineering rev/aw which resul~eci in recommendatiom which ere presented/n thc following section.~ If any of our undcrst~iin$ or assumptions are not correct, er if conditiom observed dur/ng consUuction are different than those encountered in our geotechnical work, we should be contacted immcdiatelF so we may review our recomme~.dations. _4.1,,. Proiect Dat~ We understand the project will consist of a two-story house with walk-out basemcnt. The plan dimensions of the new building ere approximately $0 feet by 67 fact. The house will be setback about ~0 fee~ from thc bluff in the rear. The house will be wood-flame construction supported on load bearing walls and interior columm. We est/mate wall loads may be on thc ordcr of 2 kips per iinenl foot and maximum column load will be $0 kil~ or less. ~e understand the 8arage floor will be at eteyation 930.~ feet and the lowest floor will be at 9~7.~. feel We recommend the site preparation for the planned co~truction should in~.~ r~moval of the existing fill, topsoil and vegetation from thc surface. Since the depth of unsuitable soil can and often does vary between test boring locations, thc excavation should therefore be observed by the aeotechnicai engineer to document the exposed soils before new fill and footing placement. ~ere excavation extends below thc bottom elevation of the foundation, wc rccomrnend that thc excavation at the footing locations be laterally oversized at least one toot for each foot (i.e., 1:1 lateral oversizing) it extends below the bottom of foundation. This latcral ovcrsizing is ncc~ar~ to properl~y distribute the foundation loads through a new fill. A drawin8 showing the recommended oversi~ing is included in thc Appendix. CeO Engineering Consultants ;nc Site drainage should be maintained during and after construction. The si~e should be adequately graded to provide surface runoff away from tbc proposed building in all ctireefions so surface water does not collect within the excavation bottom or below Rte spread footing foundation. In addition, the surface of the fill surrounding the building should be capped with cohesive soils to _m!~rqize w'4ter migration below the building. 4.4 Foundttlonq It appears feasible to support the proposed building on spread footings. Upon completion of the site pr.epm'aiion as outlined in Section 4.2, the foundation should bear at normal foundation depth on competent natural soils or on the engineered fill, We recommend that the foundations be designed for a maximum net allowable soil bearing pressure of up to 3,000 psf. A factor of safety of at Ica.st 3.0 against foundation shear failure was considered in the above recommended design bearing pressure, Based on thc above recommendations, we ~imatc maximum tota~ settlement of the foundations to be well under 1 inch, and the ~um differential settl~-a~at may be 1/2 inch or less. All perimeter foundations in heated building space should be placed at & minimum depth of 42 inches below exterior grades for frost protection. Interior footings may be placed at any convenient depth below the floor slab. In unheated ar~as where deeper frost penetration may Engineering Consultants ~nc 1~ ~ 001-0071-5372 occur, we recommend that the ~oundarions have a minimum soil cowr of 60 inches far frost 4~S Floor Floor slabs should bo placed directly on competent native soils or on eas~ee~l fill. Particular attention should be paid to properly compacting the fill 0,~,ainst the l'otmdations and benea~ the floor slabs. The floor slabs may be deedf~ned to be structurally ~ndependent of the building f'ound~ions or walls. '~v'e recommend that a m~nimum 4-inch ~ck, ~ree-dr~inin$ ~p'~nul,,r layer be placed under the floor slabs. This layer sh-buld consist of'uni~'ormly-~aded sand or ~-avcl with less ~han 5 percent pa~ing tht #200 si~ve~ In addition to ~acilitatin$ fine ~adin~ ~ easier slab construction, the ~anular.layer provides a capillary break m m~e~roize moisture u'ansmis~on from the sub,fade to the floor slab. Certain sands on site may be suitable for ~s F01. A polyethylene vapor membrane can provide added moistuze protection beneath the floo~ slabs. I£ a membrane is used, it should be placed beneath the ~ranuLar layer to minimize the potential for concrete curling. Backfill placed behind foundation walls in the lower level ares will exert lateral loads a~ins~ these walls. The lateral loads could be minimized if ~ree-draining ~anular soil is used as backfill immediately asaiust the walls. The ~anular soil should contain no more than 10 percent material passing the #200 sieve, and preferably no more ~u ~0 pczccm mater~al passin~ the sieve. The bar. l~ll soil should be compacted in layers to at least 9~ percent of'~e Standard P~'oc~or maximum dry density. Using fi~.--dralnin$ ~rauular backfill~ thc f'oundat~on walls should be des~ned Eot an at-rest pressure coet~cient of 0.4 or an equivalent fluid pressure of' 50 pounds per cubic t~oot considcrin~ the backfill has a uni~ weight of' 125 pct'. Engineering Consultants Znc Proj~c~ Numbe~. O01-0071.$372 Page. g S2 l~ie_hi Observations ~nd ~tin~ As variations in soil c~ndi~ms mey exist at localiom and elections other thao those of our botlnss, we recommetld the geotc'chnical engineer be retained to observe the soil conditions during site preparation. We recommend iu-phw, e fleJd density tests be performed on the 5~3 Wintqr Construction Since soils undergo moisture volume expansion upon freezin8, we are enclosing in the Appendix an information sheet enmnm-ai/ng dm precautions wix/ch should be observed during winUr Tho m'lty mils s.m susc~U~ole to disturbance fTom consu'uctiou u~elc, especially in wet conditions. Positive surf-ace drainase should be maintained so water does not pond on site. Care should be exercised so as not to disturb these soils, which may require additional excavation. 6,0 REMARKS Professional judgments and recommendations are presented in this re, pon. They are based partly on evaluation of the Mchuical information gathered, partly on historical repons and partly on our l~enera[ experience with subsurface conditions in the alza. We do not siurantee the per/o~ce of the projcct in any respeci other than that our en§ineering work and the judf~rnent rendezed mee~ the standards and car~ of our profession. It should be noted that the borings may not represent potentially unfavorable surface conditions between borings. The recommendations ~eo ~ngineerJng Consultants Zn¢ Proj~*~ Numbs. O01-007 Page. 9 prese~Zed in this rcpon are applicable only to this specific project. These data should not be used for other purposes. This repor~ was: ),hsanur 1~. Siddique,, P.E. S~ven .L Olson, t hereby certify that thia plan, tp~ification, or ropott was prepamt by n~ or unSw my din~x supe~ that I am a &dy R~ ~ P.3~r md~ dm hvO of Ibc St~ of ~m. Engineering Consultants Znc BORING LOCATION PLAN BORING LOGS -EXCAVATION OVERSIZII~G TYPICAL EXTERIOR DRAINTILE SYSTEM PRECAUTIONS FOR EXCAVATING AND ]~l;~Tt.! ~ING DURING COLD CONSTRUCTION OBSERVATIONS AND TESTING (~eo Engineering Consultants ~nc /..- LOT 7, BLOC)( 2..KNOB HILL ~ ,m,~.~ ~t / TEST BORING LOG NO. B-1 Prolect 140. 001-007t-637~ ~ 1 ~ 1 Ct.lENT ' ~ N~HfTECT~4I~ER srr~ Lot 7, Block 2, Knob Hill I I 3l.., , :~. ~ Surhce taev.: e2S.O it. Datum: ~ --~ :~ =~ ~.Q cimrk brown g~d.O __ ,%~lO wilh ,~ILT (~P.S&I), ~ m Gl grmNd, ~:: _ medum~lxom~hk)medka~graine~m°~t'l°°sst° il.i~l -- - '-" 10 SAND (8F~ ,,,urn', a roue gra~. ~,mes ~ 8iny :~ ~.,.: s- . s:s · ... $;:.,' - ,...:..: ~: 10-- - 37 _ 26 I~,0 ~" ~ncl of Igofa~ 15-- i WATER LEVEL OBSERVATIONS STARTED .Io/9/OlI HOLE CA~ING CAVE.IN WATER NOTE i 1OFJ/Ol 12::3~ 8.0 Nolte ~ e.O ~ GA,.,fiT NORTH ' c)mu. co. Geo Eng D~U. P,~'e 54 DT L~ OmLt.~ $0 ~ TEST BORING LOG NO. B-2 No. 0Q~.0071-8372 8h,,t I of,t · (~4~0 Engineering Con.~uitan~s Zn¢ FROM : OEO F. NGIHEERIHr, CI3~T~IT$ PH~ NO. : 7~ 51~ 9946 0¢t. 22 21~81 12:55PM Pi EXCAVATION OVERSIZING NORMAL EXCAVATION S~A.MP Olt EXTREMELY SOFT SOIL EXCAVATION MINIMUM ~CAVAIFION ~.._ "~'.'~'. ...... .2' :' ~.~:';':'~:*',"-'~" ':,.c,';'''''''~'' ~ ) ".'' ......... ~ 2~- :,' .'.', .'...,~.. ~ ., ,.'. -,', ~v..'~ .... ~" .'.' ': ',', ?..'~,."*' '-' -',~ .~'...-.,~'. ,- ,' . . ~... ~ ...~ .. .-..~..,.. .- ., .. ,...,$;..g .. ~.. : -,. ,-;, ,~-.,., .~ .~ .- .,.. ...~..~ ................. ,,,,~ ...... ..~ ~. : ........ ,.1.. ~*~ ',,.. ',...' ~"?~'.we'd.' .~i;'.'. ."..-'~x.:.-.? .} .....'.;.;'..z~; ';'%'.'.': '.':.i...':... ~- ..,.,.,...,~ ~~~... ... . . . .~ .. .... .......:... ..,.... ~..,~..,..... .. ~............ ,..i~.~;.7. / ',.::%.~ ? :'. :?:,:'~.? :-.;.~.:.~: ?[... j'~..5-.~-'~ ".'%, ':.:.:~. 7'.-". :?~',',..' ,.( '::. ': :. ':.2 ~ .....,. ~.;.;~,. ,~.. .. . ... ..- .....~.-... , ... . g.:~'2[: .'~ ,~ . r.~. :.:.~,...=..:.;.~,~ ~...=~...~...~~,:.~,..,:......,.e~l~/ .,.,. ..... ~. . : . ,. ; ..... .. ~.~:¥ ':.~.: ~- . .......... ':1 ~~ %:.-:~' ,...:,,~, ~.'I ....'?....~:~..~':';.'~: .' .:[ ,. ..~.. ~.'., :.. , .~ ..~ "%..... . .', ~'~ ,~..,... ~:. , ~.,. :%...,?. '~,: ..,; .,, .,. 2~...~ '~?. ~,., .~ .,~.'-~: ~, 'I ..' ~, '...~. ' ~ - ' I ' '"' I'1' :"" ' ' ~ ...... ~" I I "I" ~ COMPE""T'r. NT SOILS NOT '~0 SC.al.g I Gzo ~.? G I. · ~ : GEO F~U4~ERING CON~TIqNTS Pl4]NE Ix~. : T~3 5Et2 cJ~46 Oct. 2~ 2~B1 12:35PM P2 TYPICAL EXTERIOR DRAINTILE SYSTEM c~Y ~ SU:~: DOWNWJ~O FROM W&t.L OSHA REQUIIK~E~rs DRAIN?lt.~ COMPETENT 3/8" P~A RO~I( OR CLF.~ STONE NOT TO GED ENGIHEERINti CSNSLLT~NT5 PHI3NE ND. : 763 56~ 5946 Oc~. Zr2 2i~6! 12:361~ P3 PRECAUTIONS FOR EXCAVATING A~D RElrlLL£NG DURING COLD WI~ATtt]~R TI~ wint~ season in this area presents specific problems ~r ~afian com~ Soils ~e ~o~ to ~eme u~mgo a macram vol~c e~on, ~ul~g ~ loss of de~iw. ~s~xp~d soils w~l co~otidata ~on ~w~, caus~ s~l~ant of ~ny s~re ~ppo~ed on ~em. To p~ ~s settlement, ~ost should ~ ~ allow~ to pe~t~tio~ ~o ~ soils ~low ~y pm~sed Ideally, winter excavation should be limited co areas small enough to be refilled to grade higher than footing ~rad& on the same day. Typically, these areas should be filled m floor grade. Trenchin~ back down to unfrozen soils for foundation cons~ion cnn then be performed just prior to footing placement. The ~xc~vated u'enches should be protected from freezing by means of insulating or hearing during foundation construction. Baclcfilling of the foundation ~renches should be performed immediately afle~ the below-~radc foundation construction Ls f'mished. In addition, ~ interior footings or footings d~ wiihout frost protection should bc extended below frost depth, urgesa adequate precautions are taken to prevent frost intrtlsion urlril the buildin~z can bc enclosed and heated. In many cases, f'mnl ~rade cmmot be att~h~ed in one day's thnc, even though sn~tll areas are worked, In the event finnl grade cannot be attained in one day's time, frost can be expected to develop overnight, The depth of f~ost penet'ration can be minimized by lcavin~ a layer of loose soil on top of thc compacted material overnight. However, any frost which forms in this loose layer, or snow which accumulates, should be completely removed from the tgi are~ prior to compaction and additional soil placement. Fzozen soils, or soils containing frozen material or snow should never be used ~ f'lil material. Afmr thc suvcmre has been enclosed, all floor slab areas should be subjected to ample periods of hcatin$ to allow thawir~ of the soil system. Altern~tively, the frozen soll can be completely removed and be replaced with an englnccred fill. The floor slab areas should be checked at random and representative locations for remnant areas of frost, and density tests should be perfot'med to document fill compaction prior ~o slab placement. Due to the potential problems associated with t'R! placement during cold weather, any filling opecatiol~ should be monitored by a full-dine, on-site soils :echnician. Null-time monitor/ag aids m detecting areas of frozen material, or potential problcms with frozen material within ~he t'fll, so that appropriate measures can be taken. Thc choice of fill material is particularly important during cold weathcr, s~ce clean granular fill materials can bc placed and compacted more efficiently than silty or clayey soils. In addition, Et-cater magnitudes of heavi~ cart be expected with ffeezin~ of the more fzost susceptible silts and clays. If mo~e specific frost information or cold wcatber data concerning other construction materials is required, please contact us, ~0 Engineering Consultants ~nc FR~'[: ~ED EN~,I~ERING C~N~ULT~',fI'$ PHONE NO. : 76~ ~2 9946 CONSTRUCTION OBSERVATIONS A~N'D TESTL~/G The recommendazions macl~ in zh~s report have been made based on Ge subsurface conditions found in the borings. It is possible chat there are soil and waier conditions on site that were nor rcpr~mUcd by those borings. Consequently. on-sim observation during construction is considered integral to the successfal implemenf~tion of the recommeud~,tions. Wc believe that qualified field personnel need to be on site at the following times'to observe the sk~ conditions and effectiveness of the consu'uccion. We ~ecommcnd that the comple?d excavation and prepared subgrade be observed and tested by a soils eng~ueer/u:chnician prior to fill placement or con~n'uction of any foundation clements. These observations would-be necessary ~o judge if ~rl unsuitable mamrials have been removed from within the planned consuucdo- area and that an appropdar, c de~ree of lateral oversize has been provided for in those z~as where fill will be placed below th~ bottom of foundation ~r~de. We recoulmelld a representative number of field densit7 tests be ~ in all engineered fill placed to aid in judsin~ i~s suitability. We suggest dmt a~ least one density test be performed for at least c~,cry 2.~00 square fee~ of cn~eercd fill placed for every 2' of fill depth. Additional tests should be taken where confined areas are cotnp~cted. Any proposed fill material should be submiued to g3e Inbo~atory flor tests to check complience with our recommendatior~ and project specifications. {~eo Engineering Consultants .~nc HILLCREST Builder Driven By Quality Craftsmanship and Value." March 29, 2002 Steve Horsman City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: Per our meeting today regarding the property at 14764 Rosewood Road, we propose the following: 1. Where applicable, move the easterly retaining wall out of the 5' drainage and Utility easement. Wall shall be no more than 4' in height at finished grade. 2. Move retaining wall at southeastern corner of lot to property line where it currently encroaches onto neighbor's property line. Retaining walls that bisect sewer and water easement to remain. Walls to be no more than 4' in height at finished grade. We propose no additional walls in easement. Install boulder retaining walls on backside of garage as needed. Walls to be installed outside of easement. If required, apply for permit for work that done in the bluff impact zone. Work consisted of constructing wall at base of slope with backfill behind wall. No cuts or grading of slope was done[Submit a written engineers report for wo[k., that was ,d_one in bluff impact zone. Foil~ recommendations of report if any. Accept DNR's proposal for rip-rap along the 904 contour. Install 12" or larger rocks in a random pattern along the base of existing wall. Rip rap to be placed at a minimum of a 2:1 slope, no more than five feet lakeward of the 904 contour. Extend culvert fi.om current termination to the southern property line. Discharge pipe above the 904 contour into wash bed of rock. Install 2" foam under pipe over easement area. Builder License #20036544 · Member o/the Builders Association of the Twin Cities P.O. Box 456 · Prior Lake, Minnesota 55372 Office: 952-898-7663 · Fax: 952-898-3364 · Web: www. hillcresthomesinc.com S3NOH £S3$DqqlH dB£:IO ~O B~ BeN We appreciate your help in resolving this matter. If you have any further questions or wo/ut~e t~i;teet onsite to discuss these items further please give us a call. ~is Deanovic President Minnesota Department of Natural Resources DNR WatSts, 1200 Warner Road, St. Paul, MN 55106 Telephone: (651) 772-7910 Fax: (651) 772-7977 March 29, 2002 Mr. Chris Deanovic Hillcrest Homes, Inc. PO Box 456 Prior Lake, Minnesota 55372 RE: Public Waters Cease and Desist Order No. C0225, 14764 Rosewood Road, Lower Prior Lake Dear Mr. Deanovic: Thank you for stopping by my office with Jim Albers on March 27, 2002, to discuss the Public Waters Cease & Desist Order No. C0225, which was issued to you on February 26, 2002, in response to shoreline work, performed on a lot you are developing at 14764 Rosewood Road on Lower Prior Lake. At our meeting, you provided me with a certificate of survey for the subject property, dated March 7, 2002 (revised). The rock wall that has been placed below the ordinary high water elevation (OHW) of Prior Lake, 904', does not comply with state regulations. As we discussed, there are a number of options available to you to bring the site in to compliance. First, you could simply remove the rocks and restore the bank to the condition that existed prior to commencing the work. This, I think we agreed, would be least desirable at this point. Second, you could apply for a permit to retain what exists today. While this is an option, I suggest against, it, as it would likely be viewed unfavorably, and be recommended for denial. Third, you could choose to place additional, smaller, stone waterward of the existing rock at its toe, and sloped at approximately 3:1 (la:v). This additional stone should be loosely and randomly placed, over geotextile fabric, and I suggest the average size be between 12 and 24 inches in diameter. Doing such would bring the project in to compliance with the regulations with rock riprap regulations, and thus not require a DNR permit. We agreed this was the course of action you would pursue, and your March 28, 2002 letter to me provided written confirmation. By copy of this letter I will request the Cease & Desist order issued to you be rescinded, so that you may proceed with the actions necessary to complete the work. I will also notify the City of Prior Lake. DNR Information: 651-296-6157 · An Equal Opportunity Employer Who Values Diversity 1-888-646-6367 . TTY: 651-296-5484 - 1-800-657-3929 Cll, P rinted on Recycled Paper Containing a Minimum of 20% Post-Consumer Waste Steve Horsman From: Sent: To: Subject: Pat Lynch [patlynch@dnr.state.mn.us] Tuesday, March 12, 2002 3:05 PM Shorsman@cityofpriorlake.com Variance 02-027, 3.9' Bluff setback variance The city ordinance I have a copy of allows a setback 25' from top of the bluff. This is 5' closer than the 30' top of bluff setback required in minimum statewide standards. DNR has approved the city's slight relaxation of the minimum setback standard. That being said, I am viewing this variance request as a 4' setback variance from the 10 foot blanket variance provided to the city through approval of the lesser setback standard. In this particular case, it appears the area on the ground beneath the proposed addition is relatively flat, and has an existing paved and/or decked surface (looks as if a paved surface encroaches in to the bluff). Where did the surveyor delineate the top of the bluff? Looks like they used the visual break in slope, versus the mathematical method. I did not view the site, but base on the survey, I do not believe this particular proposal jeopardizes the integrity of the bluff. Pat Lynch DNR South Metro Area Hydrologist phone 651.772.7917 fax 651.772.7977 pat.lynch@dnr.state.mn.us Steve Horsman From: Sent: To: Cc: Subject: Pat Lynch [pat.lynch@dnr.state.mn.us] Monday, February 25, 2002 3:00 PM Scott Carlson Shorsman@cityofpriorlake.com cease and desist order A new home is under construction at 14764 Rosewood Road on Prior Lake (near Cairrage Hills). The builder (or his subcontractor) has performed grading and rock placement in and along the shore of Prior Lake in violation of the city-approved grading plan. I looked at the site last Thursday the 21st, and confirmed work. I am unsure of the nature of work below the ordinary high water (OHW) level of Prior Lake. The city is requiring a survey from the builder and I have asked that it include the existing OHW. As we discussed, I would appreciate it if a C &D order is issued to the builder. This essentially halts additional work in the lake and calls a "time out" to sort out regulatory issues. The builder is Chris Deanovic Hillcrest Homes PO Box 456 Prior Lake, MN 55372 phone # 952-898-7663 Tthe site is located at 14764 Rosewood Road on Lower Prior. call me if you have any questions. Thank you. Please Pat Lynch DNR South Metro Area Hydrologist phone 651.772.7917 fax 651.772.7977 pat.lynch@dnr.state.mn.us FAX COVER SHEET FROM:Chris Deanovic AT HILL CRE S T HOME S INC. P.O. Box 456 Prior Lake, MN 55372 (952) 898-7663 Office (952) 898-3364 Fax DATE: 3-29-02 TO: City of Prior Lake ATT: Steve H. TOTAL NUMBER OF PAGES INCLUDING COVER: 3 I'~ ~9~ 8G8 ~SG SBWOH ISB~3~IH ~8~:I0 ~0 G~ Jew HILLCKEST HOMES' ,xM, ",4 Builder Driven By Quality Craftsmanship and Value." March 29, 2002 Steve Horsman City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: Per our meeting today regarding the property at 14764 Rosewood Road, we propose the following: 1. Where applicable, move the easterly retaining wall out of the 5' drainage and Utility easement. Wall shall be no more than 4' in height at finished grade. 2. Move retaining wall at southeastern corner of lot to property line where it currently encroaches onto neighbor's property line. Retaining walls that bisect sewer and water easement to remain. Walls to be no more than 4' in height at finished grade. We propose no additional walls in easement. Install boulder retaining walls on backside of garage as needed. Walls to be installed outside of easement. If required, apply for permit for work that done in the bluff' impact zone. Work consisted of constructing wall at base of slope with backfill behind wall. No cuts or grading of slope was done. Submit a written engineers report for work that was done in bluff impact zone. Follow recommendations of report if any. Accept DNR's proposal for rip-rap along the 904 contour. Install 12" or larger rocks in a random pattern along the base of existing wall. Rip rap to be placed at a minimum ora 2:1 slope, no more than five feet lakeward of the 904 contour. Extend culvert from current termination to the southern property line. Discharge piPe above the 904 contour into wash bed of rock. Install 2" foam under pipe over easement area. Builder License #20036544 · Member of the Builders,4ssociation of'the Twin Cities EO. Box 456 · Prior Lake, Minnesota 55372 Office: 952-898-7663 - Fax: 952-898-3364 · Web: www. hillcresthomesinc.com ~'d i~9~ 8G8 ~ S3NOH /S3~4~'~-1IH d8£:I0 ~0 G~ J~N We appreciate your help in resolving this matter. II'you have any further questions or wo/~f~e t~eet onsite to discuss these items further please give us a call. X..C_~fs Deanovic President FAX COVER SHEET FROM:Chris Deanovic AT HILL CRE S T HOME S INC. P.O. Box 456 Prior Lake, MN 55372 (952) 898-7663 Office (952) 898-3364 Fax DATE: 3-29-02 TO: City of Prior Lake ATT: Steve II. TOTAL bFUMBER OF PAGES 15TCLUDING COVER: 3 I'd SBWOH ISB~3qqlH d~C:IO EO B~ Jew CITY OF PRIOR LAKE BUILDING PERMIT, TEMPORARY CERTIFICATE OF ZONING COMPLIANCE AND UTILITY CONNECTION PERMIT (Please type or print and sign at bottom) l. WhiteFile 2. Pink City 3 YellowApplicant Date Rec'd PERMIT NO. 0]"' [~7~.0 b ] ZONING (omce use) LEGAL DESCRIPTION (omce use only) LOT-~ BLOCK~ ADDITION ~_~ OWNER (Name) ~ ~-~ (Phone) ?£z- 999 -""766,3 BUILDER (Name) (Contact Name) (Address) ,, (Phone) ;('/tC (Phone) TYPE OF WORK []~lq~w Construction [-]Deck FlPorch F'lRe-Roofing I"]Re-Siding [-]Lower Level Finish [-1 Fireplace r-lAddition [-'lAltemtion [-lUtility Connection ["] Misc. PROJECT COST/VALUE (excluding land) $ Contractor's License No. Date PermitValuation aI ~. rr~. ~ PermitFee $ f/,5--' Plan Check Fee $ l1/~ u~)3.6 ~ State Surcharge $ l~ · ~ Penalw $ Plumbing Pe~it Fee $ ~O ~ · ~ ~ Mechanical Pe~it Fee $ t~. ~ Sewer & Water Pemit Fee $ ~. ~ Gas Fireplace Pemit Fee $ ~ ,~ Water Meter Size; I"; $ / a~)o O0 Pressure Reducer $ Sew~/Water Conne~on Fee g $ ii ~ ~ .~ w~t~ ~ow~ ~ ~ ~ ~0 -~ Bu~der's D~osit $ It ~0 ~ ~ O~er $ f'~ '~/Th'MI~on B~qo~dmg Permit When Approved Paid g (e Z- 6.O '-] Receipt~gg. 'r~ 77.~' I ~/ Sul~dlCi~g ?cial Date ~ ~ to c~ thfft ~e re.est ~ ~e above app~cafion and aeeomp~y~g do~m~B ~ ~ aceorfl~ce wi~ ~e Ci~ ~g ~ee ~d ~y ~d ~ re~ed. ~ d~m~t when sig~d by the City Planner constitutes a temporary Certificate of Zoning compliance and allows construction to commence. Before occupancy, a Certificate of Occupancy must be d · g · p ' .. , Y 24 hour notice for all inspections (952) 447-9850, fax (952) 447-4245 February 14, 2002 Chris Deanovic Hillcrest Homes, Inc. P.O. Box 456 Prior Lake, MN 55372 Dear Mr. Deanovic: The City of Prior Lake received a complaint regarding the Placement of a culvert and boulder retaininq wall on your property at 14764 Rosewood Road. An inspection of the property revealed an apparent violation of the approved Building Permit #01-1206 and attached survey you submitted with the original application. Specifically, the following violations: 1. As approved, the proposed driveway culvert terminated approximately 25' from the property line and dispersed over riprap and into a drainage swale. Not approved as currently constructed, the culvert appears to terminate less than 5' from the adjoining property boundary at the base of a retaining wall. 2. Not approved: a) the boulder retaining wall constructed on the east lot line appears to be in the 20' sanitary sewer and drainage easements, b) the filling and grading for the oversized driveway/parking area. 3. Not approved: the filling and grading for the lake access over the bluff impact zone. This office would appreciate your cooperation in correcting the violation immediately upon this notice. A stop work order will be posted at 4:30 PM Friday, February 15, 2002. The only work permitted on the subject property will be corrective measures to meet compliance with the originally approved permit and survey, or you shall submit revisions for this site to be approved by the City prior to the corrective work. If you should have any questions regarding this matter, call my direct phone number at 447- 9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I will assist you. Enclosed is a copy of our City Code pertaining to the violation. The City appreciates your cooperation on this matter. Zoning Administrator/Inspector 16200 L:~Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CURB AND GUTTER NOUS DRI~wAY. X \. b.I \/ BlllJMINOU$ FOUNTAIN M.H. ~s//'~ mst X // /- ./ "~./ "~'~,__ EDGE OF WATER ./, ~i~r.a .,.,,..,, 3-5-02 904.0 CONTOUR ,/ Xlo~..° / X X x WATER £LEV.-901.0 ,.]-5-02 HHILLCKEST OMES February 18, 2002 Steve Horseman Planning Department City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: "A Builder Driven By Quality Craftsmanship and Value." In response to your letter dated February 14th, 2002 received at our meeting on February 15t~ 2002, we have scheduled the property at 14764 Rosewood Road to be re-surveyed on or before February 28t~ 2002. This was the earliest date available for either of our surveyors. Once this survey has been completed we will submit a revised plan for this site addressing the following items: Termination of the drainage culvert Boulder retaining wall in 20' sanitary sewer and drainage easement Filling and grading over the bluff impact zone. I would expect this revised plan to be submitted a few days after the site has be re- surveyed. In the meantime we have sand bagged the inlet of the drainage culvert thus eliminating any drainage into the 5'side yard drainage easement. This will remain closed until we have agreed upon the termination loc.ation of t.his culvert. '4 ~. t4~t /~ ~c c t unaerstand that a stop o o ac' s s o s s o e cept that pe~ning to the co~e~ion of the above items. While I thi~ it is reasonable to cease work relating to the areas that are in question, I would ask that I be able to continue work on the structure. If you thi~ this is u~easonable and not possible please let me know. I cu~ently have cleared our schedule, but would like to put our subcontraaors back on schedule. any additional questions please give me a call. ~.,' ~..~.. Builder License ~20036544 . Member of the Builaers Association of the Twin Cities ~ " RO. Box 456 · Prior Lake, Minnesota 55372 Office: 952-898-7663 · Fax: 952-898-3364 · Web: www. hillcresthomesinc.com HILLCKEST HOMES February 18, 2002 Steve Horseman Planning Department City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: "A Builder Driven By Quality Craftsmanship and Value." In response to your letter dated February 14th, 2002 received at our meeting on February 15th 2002, we have scheduled the property at 14764 Rosewood Road to be re-surveyed on or before February 28th 2002. This was the earliest date available for either of our surveyors. Once this survey has been completed we will submit a revised plan for this site addressing the following items: Termination of the drainage culvert Boulder retaining wall in 20' sanitary sewer and drainage easement Filling and grading over the bluff impact zone. I would expect this revised plan to be submitted a few days after the site has be re- surveyed. In the meantime we have sand bagged the inlet of the drainage culvert thus eliminating any drainage into the 5'side yard drainage easement. This will remain closed until we have agreed upon the termination location of this culvert. '~,~.o. la, not ~tso ¢ I understand that a stop work order has been ~ssu~d on th~s s~te to ~ffclude all work except that pe~ning to the co~e~ion of the above items. While I thi~ it is reasonable to cease work relating to the ~eas that are in question, I would ask that I be able to continue work on the stm~ure. If you thi~ this is u~easonable and not possible please let me know. I cu:ently have cleared our schedule, but would like to put our subcomramors back on schedule. any additional questions please give me a call. P~dent Builder License #20036544 · Member of the Builders Association of the Twin Cities P.O. Box 456 · Prior Lake, Minnesota 55372 Office: 952-898-7663 · Fax: 952-898-3364 · Web: www. hillcresthomesinc.com HILLCR EST ".4 Builder Driven By Quality Craftsmanship and Value." February 13, 2002 Steve Horseman Planning Department City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: We currently have under construction the property at 14764 Rosewood Road. Per our conversation there seems to be a question regarding the culvert that currently discharges on the northeast portion of the lot. The length of the culvert was extended from the original survey to allow for better access to the end stall of the garage. We determined after installation that it might be better to move the discharge point away from the northeast property line and more towards the south property line. It is our intent to make this change. The current driveway plan has remained consistent with the survey. The area that eXtends from the garage toward the lake is meant to be a landscaped/sodded walkway and is not intended to be an extension of the currently proposed blacktop driveway. In addition much of the grading at the current point in time is rough, and will need to be final graded in the spring of the year. Any questions regarding retaining wall height might be better addressed at that point in time since the exposed portion of the retaining walls may change. I understand that all retaining walls are supposed to be four feet or less. It is our intent to meet this prior to final landscaping. If ypt~.ould lj~ke to mee~o / .~inc;ere]~y,/," ,.' P~dent discuss this further please give me a call. Builder License #20036544 · Member of the Builders .~ssociation of the Twin Cities P.O. Box 456 ' Prior Lake, Minnesota 55372 Office: 952-898-7663 · Fax: 952-898-3364 · Web: www. hiIlcresthomesinc.com HILLCR_EST HOMES Builder Driven By Quality Craftsmanship and Value." February 19, 2002 Steve Horseman Planning Department City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: In response to your letter dated February 14th, 2002 received at our meeting on February 15th 2002, we have scheduled the property at 14764 Rosewood Road to be re-surveyed on or before February 28th 2002. This was the earliest date available for either of our surveyors. Once this survey has been completed we will submit a revised plan for this site addressing the following items: Termination of the drainage culvert Boulder retaining wall in 20' sanitary sewer and drainage easement Filling and grading over the bluff impact zone. I would expect this revised plan to be submitted a few days after the site has be re- surveyed. In the meantime we have sand' bagged the inlet of the drainage culvert thus eliminating any drainage into the 5'side yard drainage easement. In addition we have cut the culvert, installed a 90 degree elbow and re-routed the discharge point of the culvert towards the lake. This will ensure that no drainage will occur on the neighbors property. I understand that a stop work order has been issued on this site to include all work except that pertaining to the correction of the above items. While I think it is reasonable to cease work relating to the areas that are in question, I would ask that I be able to continue work on the structure. If you think this is unreasonable and not possible please let me know. I currently have cleared our schedule, but would like to put our subcontractors back on schedule. In the meantime if you have any additional questions please give me a call. Builder License #20036544 · Member of the Builders Association of the Twin Cities P.O. Box 456 · Prior Lake, Minnesota 55372 Office: 952-898-7663 - Fax: 952-898-3364 · Web: www. hillcresthomesinc.com g-d t~9£[; 868 i~S6 SBNOH IS31~ICI-I-IIH ec;i~ :80 i~O 6~ qa_-I / den~ FAX COVER SHEET FROM:Chris Deanovic AT HILL CREST HOME S INC. P.O. Box 456 Prior Lake, MN 55372 (952) 898-7663 Office (952) 898-3364 Fax DATE: 2-18-02 TO: City of Prior Lake ATT: Steve H. TOTAL NUMBER OF PAGES INCLUDING COVER: 2 I'~ ~9~ 8G8 ~SG SBWOH ISB~3q~IH ~SI:£O ~0 8~ q~ HILLCKEST HOMES February 18, 2002 Steve Horseman Planning Department City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: Builder Driven By Quality Craftsmanship and Value." In response to your letter dated February 14th, 2002 received at our meeting on February 15~ 2002, We have scheduled the property at 14764 Rosewood Road to be re-surveyed on or before February 28th 2002. This was the earliest date available for either of our surveyors. Once this survey has been completed we will submit a revised plan for this site addressing the following items: Termination of the drainage culvert Boulder retaining wall in 20' sanitary sewer and drainage easement Filling and grading over the bluff impact Zone. I would expect this revised plan to be submitted a few days after the site has be re- surveyed. In the meantime we have sand bagged the inlet of the drainage culvert thus eliminating any drainage into the 5'side yard drainage easement. This will remain closed until we have agreed upon the termination location of this culvert. I understand that a stop work order has been issued on this site to include all work except that pertaining to the correction of the above items. While I think it is reasonable to cease work relating to the areas that are in question, I would ask that I be able to continue work on the structure. If you think this is unreasonable and not possible please let me know. I currently have cleared our schedule, but would like to put our subcontractors back on schedule. P~dent Builder License #20036544 · Member of the Builders Association of the Twin Cities P.O. Box 456 · Prior Lake, Minnesota 55372 Office: 9522898-7663 · Fax: 952-898-3364 - Web:. www. hillcresthomesinc.com BBB FAX COVER SHEET FROM:Chris Deanovic AT HILL CRE S T HOME S INC. P.O. Box 456 Prior Lake, MN 55372 (952) 898-7663 Office (952) 898-3364 Fax DATE: 2-19-02 TO: City of Prior Lake ATT: Steve H. I revised the letter to include the information about moving the discharge point of the culvert. TOTAL NUMBER OF PAGES INCLUDING COVER: 3 86;8 ~c;G S'=INOH /S3~ID-I-IIH ec;t~ :80 80 $! qe_-I NA-O 1197-C07 c 0225 Contractor, Landowner, Other PUBLIC WATERS CEASE AND DESIST ORDER Date Time first middle last city state zip The above, and his/her/its agents, contractors, heirs, successors, and assigns, are hereby ordered, pursuant to Minnesota Statutes, Section 103G.2372, immediately to stop all unauthorized activity within the public waters in the following area: County. ' .. ? County No. -7 PWI No. -~7'.:'.'-.~, LocaQon: (by Addrcss, T-R-S, GPS, or PID)/-.,- ~'_.-. / ''i -~..' ,.,: .... ~ '.-~: ..... ,..:..' Pursuant to Minnesota Rules 6115.0255, you must: (1) stop all work, conduct no further work, and take immediate corrective action to stabilize the site from imminent erosion or restore water flow if ordered by the officer issuing this order; and (2) immediately submit a written project application form within three weeks of the date of this Order, or if your application for a DNR permit is denied, then a restoration or replacement order may be issued. DNR-Area Hydrologist: Street Address: City, State, Zip Code: Officer Signature Badge No. ANY VIOLATION OF THIS ORDER IS A MISDEMEANOR · ,..~ Agency "~/' :,5. - ..... .: ,: : . : - Station No. --7 '.:. > .Phone -..- .- - Corresponding CDO No. or Citation No. Blue: Officer Canary: WEO Pink:A-Hydro Green: SWCD Goldenrod: LGU White: Landowner/Contractor Steve Horsrnan From: Sent: To: Cc: Subject: Pat Lynch [pat.lynch@dnr.state.mn.us] Monday, February 25, 2002 3:00 PM Scott Carlson Shorsman@cityofpriorlake.com cease and desist order A new home is under construction at 14764 Rosewood Road on Prior Lake (near Cairrage Hills). The builder (or his subcontractor) has performed grading and rock placement in and along the shore of Prior Lake in violation of the city-approved grading plan. I looked at the site last Thursday the 21st, and confirmed work. I am unsure of the nature of work below the ordinary high water (OHW) level of Prior Lake. The city is requiring a survey from the builder and I have asked that it include the existing OHW. As we discussed, I would appreciate it if a C &D order is issued to the builder. This essentially halts additional work in the lake and calls a "time out" to sort out regulatory issues. The builder is Chris Deanovic Hillcrest Homes PO Box 456 Prior Lake, MN 55372 phone # 952-898-7663 Tthe site is located at 14764 Rosewood Road on Lower Prior. call me if you have any questions. Thank you. Please Pat Lynch DNR South Metro Area Hydrologist phone 651.772.7917 fax 651.772.7977 pat.lynch@dnr.state.mn.us enlalneerlng 2422 Enterprise Drive I Mendoto Heights, MN 55t20 '"""'"["" '""-'"'""= I (~1) .81-1e14 IrA)e~l-~ '"'"'"""'- ~ '""""" 1625 Hlghwoy IQ H.E. I Blaine, MN 55434 /lei2) 7a3--mao rAx=Te3-1ea3 HILLCR£$1 HOMES Cerf. ifica[e of Survey for: ROSEWOOD ROAD. PRIOR LAKE EDGE OF LANDSCAPING X ! 954.9 I I I NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN BY: PIONEER NOTE: BUILDING DIMENSIONS SHOWN ARE FOR ttORIZONTAL ANO VERTICAL LOCATION OF STRUClURES ONLY. SEE ARCNITECTUAL PLANS FOR BUILDING AND FOUNDATION DIMENSIONS. NOTE: NO SPECIFIC SOILS INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY ]'HE SURVEYOR. TIlE SUITABILITY OF SOILS TO SUPPORT TIrE SPECIFIC HOUSE PROPOSED IS NOT 'IHE RESPONSIBILITY OF ]'HE SURVEYOR. NOTE: THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN 1HOSE StlOWN ON THE RECORDED PLAT. NOTE: CONTRACTOR MUST VERIFY DRIVEWAY DESIGN. RETAINING WALL NOTE: BEARINGS SttOWN ARE BASED ON AN ASSUMED DATUM BY OTHERS LOT AREA = .34,678 sq. ft. HOUSE AREA = 1,554 sq. GARAGE AREA = 884 sq. ft. PORCH/ PATIO = 54. sq. ft. DRIVEWAY AREA = 2,730 sq. ft. COVERAGE =15% m7 ~1 X94'~.8 x 954.8 EXISTING CONTOURS PER GRADING PLAN (TYPICAL) DE[AIL /~¥ I vO"~ / IDlE OF LAHDSCAPttlO RETAINING WALL ..... B~_OI'IJERS._~ ~ g32. g BEN O ~OP OF PIPE X9~8. 929.5 .'~ X//, APP WE HEREBY CERTIFY TO HILLCREST HOMES TItAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF TtlE LOT 7, BLOCK 2, KNOB HILL SCOTT COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION SCALE : 1 INCH = 30 FEET 954.7 J ELEC. .j ~./ /~.'~ /C~J??' 25 FT. /X 9J.l/~ 93L3 954.3 I ' BLUFF I ;' ~:, 931.7 / ' , ~, ~ ' ~ ~04.0 ~ ~ , ~ 902.4 ~ ~ ~ 904.0 CONTOUR s~.o ~ EDGE OF WATER ~o2.2 4- 26- OD J/ARIES OF: EXCEPT AS SHOWN, AS TH DAY OF MAY, 2001. REVISED 10-2-01 BLUFF UNE REVISED 10-4-01 CONTOURS/CMP/~I.H. RF~A~Fn l~--ll~_nl iJnt~' / / / 9o4.(] 904.0 904.O X 902.1 902.~ _~EDGE OF BIT ----- RETAINING WALL 94B.4 047.2 x .... RETAINING WALLS ~STAIRCASE PROPOSED 12' CMP ~- ~ 2.5% ,.-- BY OTHERS '" PROPOSED CONTOUR 928.4 ,,- ,,-. ~ / -- (TYPICAL) 925.8 BENCH MARK TOP OF PIPE ELEV.= 925.8 \ \ \ \ 908.8 904.0 904.0 904.t 902..3 902.3 904.0 X /902.3 902.3 WATER ELEV.= 902..'.'3 PROPOSED HOUSE ELEVAIlON LOWEST FLOOR ELEVATION: ~lZ Z, 7_ TOP OF BLOCK ELEVATION: GARAGE SLAB ELEVATION: TOD @ LOOKOUT ELEVATION: X OOO.OO DENOTES EXISTING ELEVATION ( 000.00 ) DENOTES PROPOSED ELEVATION DENOTES DRAINAGE AND UTILITY EASEMENT ~ DENOTES DRAINAGE FLOW DIRECTION ~ DENOTES MONUMENT ~ DENOTES OFFSET ItUB · ,////~,/ ,.' ,...-~" B ~2'.':. ~_ _ HILLCKEST HOMES "A Builder Driven By QualiO~ Craftsmanship and Value." February 13, 2002 Steve Horseman Planning Depamment City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Dear Steve: We currently have under construction the property at 14764 Rosewood Road. Per our conversation there seems to be a question regarding the culvert that currently discharges on the northeast portion of the lot. The length of the culvert was extended from the original survey to allow for better access to the end stall of the garage. We determined after installation that it might be better to move the discharge point away from the northeast property line and more towards the south property line. It is our intent to make this change. The current driveway plan has remained consistent with the survey. The area that extends from the garage toward the lake is meant to be a landscaped/sodded walkway and is not intended to be an extension of the currently proposed blacktop driveway. In addition much of the grading at the current point in time is rough, and will need to be final graded in the spring of the year. Any questions regarding retaining wall height might be better addressed at that point in time since the exposed portion of the retaining walls may change. I understand that all retaining walls are supposed to be four feet or less. It is our intent to meet this prior to final landscaping. If ypt~.ould like to .rne~-31o gincere[y,/,.'; ;" / P~dent discuss this further please give me a call. Builder License #20036544 · Member of the Builders idssociation of the Twin Cities P.O. Box 456 ' Prior Lake, Minnesota 55372 Office: 952-898-7663 - Fax: 952-898-3364 - Web: www. hillcresthomesinc.com FAX COVER SHEET FROM:Chris Deanovic AT HILL CREST HOME S INC. P.O. Box 456 Prior Lake, MN 55372 (952) 898-7663 Office (952) 898-3364 Fax DATE: 2-13-02 TO: City of Prior Lake ATT: Steve H. TOTAL NUMBER OF PAGES INCLUDING COVER: 2 I'd ~9EE 8S8 ~S S3MOH IS3~DqqlH d~:~O ~0 £I qe~ February 14, 2002 Chris Deanovic Hillcrest Homes, Inc. P.O. Box 456 Prior Lake, MN 55372 Dear Mr. Deanovic: The City of Prior Lake received a complaint regarding the placement of a culvert and boulder retaininq wall on your property at 14764 Rosewood Road. An inspection of the property revealed an apparent violation of the approved Building Permit #01-1206 and attached survey you submitted with the original application. Specifically. the following violations: 1. As approved, the proposed driveway culvert terminated approximately 25' from the property line and dispersed over riprap and into a drainage swale. Not approved as currently constructed, the culvert appears to terminate less than 5' from the adjoining property boundary at the base of a retaining wall. 2. Not approved: a) the boulder retaining wall constructed on the east lot line appears to be in the 20' sanitary sewer and drainage easements, b) the filling and grading for the oversized driveway/parking area. 3. Not approved: the filling and grading for the lake access over the bluff impact zone. This office would appreciate your cooperation in correcting the violation immediately upon this notice. A stop work order will be posted at 4:30 PM Friday, February 15, 2002. The only work permitted on the subject property will be corrective measures to meet compliance with the originally approved permit and survey, or you shall submit revisions for this site to be approved by the City prior to the corrective work. If you should have any questions regarding this matter, call my direct phone number at 447- 9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I will assist you. Enclosed is a copy of our City Code pertaining to the violation. The City appreciates your cooperation on this matter. Sincerely, Zoning A~lministrator/Inspector 16200 E-+~Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER