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HomeMy WebLinkAbout02-110PC Danes Colucci Variance Resolution and ~inutes , ro/dsjo;)- f({7/;k~ fM ' 02: on pC!..- L:\TEMPLA TE\FILEINFO.DOC ": PLANNING COMMISSION MINUTES MONDAY, OCTOBER 28,2002 1. Call to Order: Chairman Stamson called the October 28, 2002, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Ringstad and Stamson, Planning Coordinator Jane Kansier, Planner Cynthia Kirchoff and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Ringstad Stamson Present Present Absent Present Present 3. Approval of Minutes: The Minutes from the October 14, 2002, Planning Commission meeting were approved as presented. 4. Consent: 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. A. Case #02-110 Mark Danes, is requesting a variance from the average shoreland setback, a variance from the minimum 15 foot side yard setback separation between buildings on adjacent nonconforming lots, and a variance from the side yard setback required when a building wall exceeds 50 feet in length for the construction of a single family dwelling for the property located at 16308 Park Avenue. Planner Cynthia Kirchoff presented the Planning Report dated October 28, 2002, on file in the office of the City Planning Department. Mark Danes (representing David and Sheryl Colucci) is requesting variances from the zoning ordinance for the construction ofa single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District) located at 16308 Park Avenue (Lot 11, Lakeside Park). The property is guided Urban Low/Medium Density Residential in the 2020 Comprehensive Plan. The subject property is a riparian lot, and is served by a private driveway. A seasonal dwelling, constructed in 1920, currently occupies the site. L:\02FILES\02pJanning comm\02pcminutes\MNl 02802.doc 1 ... Planning Commission Minutes October 28, 2002 In order to construct the proposed dwelling, the following variances are required: 1. A 7.3 foot variance from the required 65.2 foot average shore1and setback to allow a 57.9 foot shoreland setback. 2. A 2.6 foot variance from the required 15 foot separation required between structures on adjacent nonconforming lots to a allow a 12.4 foot separation. 3. A 6.3 foot variance from the 13.6 foot side yard setback required when a building wall exceeds 50 feet in length to allow a 7.3 foot setback. The Department of Natural Resources (DNR) was noticed about the variance requests and recommended denial of the shoreland setback variance because the dwelling can be shifted to east to maintain the average shore land setback. Staff recommended denial of the 6.2 foot variance from the 65.2 foot shoreland setback and the 2.6 foot variance from the 15 foot side yard separation setback, based upon the following: 1. The applicant has not demonstrated a hardship to warrant the granting of variances. 2. A reasonable use can be constructed on the site without these two variances. Staff recommended approval of the 3.6 foot variance from the 13.6 foot additional setback required when a building wall exceeds 50 feet in length, with the following conditions: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The driveway shall be a minimum of 10 feet in width. 4. Impervious surface shall not exceed 30 percent of the lot area. Comments from the Public: Mark Danes, Danes Construction, 1100 Butterfly Lane, Jordan, noted the survey indicates a potential 12 foot porch which is really for a deck. Danes pointed out the 65 foot setback is not where the shoreline exists at this time. The applicants would not be opposed to reducing the size of the deck to meet the 65 foot setback. Danes felt they could make the 10 foot driveway work as well. Atwood questioned the side yard separation. Danes explained the problem with the existing neighbors' setbacks and structures that were 5 feet from the property line. Stamson clarified there was a 15 foot separation between the homes. L:\02FILES\02pJanning comm\02pcminutes\MNJ02802.doc 2 '" Planning Commission Minutes October 28, 2002 Kirchoff stated the structure setback was 7.3 feet on the south side and 5.1 from the garage to the lot line. The neighbor's house is 10 feet from the lot line and the applicant is proposing an additional 7.3 feet from the line. Criego questioned the straight wall of 96 feet on the south side. Danes said it was actually 72 feet with the garage. The applicants are not opposed to jogging it over 2 feet. The ordinance requires an additional setback for anything over 50 feet. Stamson suggested moving the garage over. Kirchoff explained the problems with shifting the structure. Danes pointed out the neighbors have their structures at the 5 foot setback line restricting the applicants from building. Dave and Sheryl Colucci stated they would work with the City in anyway and would like to live on the lake as he has been a resident for many years. Bruce Lind, 16316 Park Avenue, said he has some concerns with the proposed house. The space between his existing house and proposed house will be approximately 17.3 feet meaning most the windows on the south will be facing directly into his master bedroom and bath. He also had a concern with the proposed garage being 10.6 feet between the two garages. Another issue was his retaining wall. By digging a walkout, there is potential for wall failure. He is also concerned with the elevations and runoff. Lind felt the applicant's proposed house will be looking down into his house. Mark Danes addressed Lind's concern for grading. Criego pointed out the concern for runoff. Danes continued to explain the walkout grading and slope, as well as the proposed house plan. Lind questioned the height of the windows. Danes responded. The hearing was closed. Comments from the Commissioners: Criego: . Agreed with staff the average shore line setback should be at 65.2 feet. The applicant is willing to do that. . The 72 length building seems to be incredibly long. Recommend moving the garage over a couple of feet just to break it up. That will solve the 15 foot span between houses, which is important for safety/fire issues. . Move the garage 2.6 feet to eliminate the variance. . Approve the length of the building with the variance. . Make the driveway 10 feet. L:\02FILES\02pJanning comm\02pcminutes\MNJ 02802.doc 3 Planning Commission Minutes October 28. 2002 . Usually the plat has the drainage plan on it. This doesn't seem to have it. Kirchoffpointed out the directional arrows indicating drainage on the survey. . Kansier explained this was a preliminary drawing. It will be more specific at the time the permit is submitted. . Recommended a condition to put in gutters to help the neighbor with runoff. Atwood: . In favor of the variance to retain the shoreland setback at 65 feet. . Mr. Danes has shown sensitivity to the neighbors. . Continue to be sensitive to the retaining wall. . Agreed with Criego on the 10 foot driveway and the 2.6 garage movement. Ringstad: . Agreed with the Commissions that moving the garage over 2.6 feet should solve the variance request. . Legitimate concern with the runoff. Engineering would not approve until the runoff issue was addressed. Kansier responded the engineering department is pretty conscientious about making sure the drainage will work. They also do inspections on a regular basis to make sure there is no runoff or damage to the adjacent property. . The permit process will take care of the neighbor's concern. Stamson: . Agreed with the Commissioners. The 65.2 foot setback is easily obtainable on this lot, so there is no hardship. . By pushing the garage over, the applicant can eliminate the need for a 2.6 foot variance without any major impact on the design. No hardship. . There is a hardship with the 3rd request. By moving the structure from the south to the north does not solve any problem. . Agreed with Criego to add gutters as a condition. . Questioned the boathouse on the site plan. Kirchoff responded there is not a provision in the ordinance that requires it be removed. But as long as they don't touch the boathouse, it can remain. It was also included in the impervious surface. MOTION BY CRIEGO, SECOND BY ATWOOD, DIRECTING STAFF TO BRING BACK A RESOLUTION DENYING THE REQUEST FOR VARIANCE ON THE SHORELAND SETBACK THAT IT BE AT THE 65.2 FOOT AVERAGE. A MOTION TO INCLUDE APPROVING A 6.3 FOOT VARIANCE FOR THE LENGTH OF THE BUILDING. AND A MOTION DENYING A 2.6 FOOT VARIANCE ON THE SOUTH END OF THE PROPERPTY. ALSO INCLUDE THE CONDITIONS TO ALLOW A 10 FOOT DRIVEWAY AND ADD GUTTERS ON THE NORTH AND SOUTH SIDE OF THE STRUCTURE. Vote taken indicated ayes by all. MOTION CARRIED. L:\02FILES\02pJanning comm\02pcminutes\MNJ02802.doc 4 Doc. No. A581158 OffiCE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 01-09-2003 at 09:30 Receipt: 243105 Pat Boeckman, County Recorder 01 Fee: $ 20.00 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Planning Secretary ofth:City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of RESOLUTION 02-017PC A RESOLUTION APPROVING A 6.3 FOOT VARIANCE FROM THE 13.6 FOOT ADDITIONAL SETBACK REQUIRED WHEN A BUILDING WALL EXCEEDS 50 FEET IN LENGTH FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING #02-110 Danes/Colucci c~!1!.i171/ ~(F~ City of Prior Lake /" Dated this 4th day of December, 2002. . \~-:\~~~:~,!I"), . ....... .',~; ...:> ' - .. I ~ ''''.'' . r;,., " ,>,/ (City 8.eal)\.-{' ~~ c "" _.- ,.' ';~ . - \>> .u . ~- ;:': ~;.; ~ . ~' ;:'.. -:-: .' r" ~ . '- - " " ,'" .. . ".......~,.. 1:ldeptworklblankfnnltruecopy.doc RESOLUTION 02-017PC A RESOLUTION APPROVING A 6.3 FOOT VARIANCE FROM THE 13.6 FOOT ADDITIONAL SETBACK REQUIRED WHEN A BUILDING WALL EXCEEDS 50 FEET IN LENGTH FOR THE CONSTRUCTION OF A SINGLE F AMIL Y DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark Danes, on behalf of David and Sheryl Colucci, has applied for variances from the zoning ordinance for the construction of a single family dwelling on property zoned R-l (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 16308 Park Avenue, Prior Lake, MN, legally described as follows: Lot 11, Lakeside Park, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-110PC and held a hearing thereon on October 28, 2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect' on property values in the surrounding area and the effect or the proposed variance on the Comprehensive Plan. 4. The 13.6 foot building wall setback results in a difficulty and warrants a reduced setback, because the buildable width is reduced to 27 feet. 5. The additional building wall setback creates a 13.6 foot minimum setback, which means the sum of the side yards would total 23.6 feet, when the zoning ordinance only requires 15 feet. The side yard setbacks of adjacent structures are only 5 feet leaving the subject property to maintain two 10 foot side yard setbacks. This situation is peculiar to the property. 1: \02files \02variances \02-110\approve resolution. doc 1 16200 Eagle Creek Ave. S,L Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQIIAL OPPORTUNITY EMPLOYER 6. A variance from the additional side yard setback appears to be necessary for the preservation and enjoyment of a substantial property right of the owner. Without some relief from this setback, the buildable width would be limited to 27 feet. 7. The variance from the additional setback for a building wall over 50 feet will not impact the character of the neighborhood, because a 15 foot building separation will still be maintained from the structure to the south. 8. The zoning ordinance allows variances where reasons of strict application of provisions would create an undue hardship. The strict application of the additional setback creates a difficulty for the property owner. 9. The contents of Planning Case #02-110PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance to allow for the construction of a single family dwelling: 1. A 6.3 foot variance from the 13.6 foot setback required when a building wall exceeds 50 feet. (Section 1102.405 (6) Dimensional Standards.) The following conditions shall be complied with prior to the issuance of a building permit for the construction of a single family dwelling on the subject site: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The driveway shall be a minimum of 10 feet in width. 4. Impervious surface shall not exceed 30 percent. 5. Gutters shall be installed on the north and south elevations of the dwelling. 6. A revised certificate of survey shall be submitted as part of the building permit application. 1: \02files \02variances \02-110\approve resolution. doc 2 Adopted by the Board of Adjustment on Nov7~/ ~ Anthony J. Stamson, Commission Chair (;jT: () /J LJ~!IJ _ ~~ Donald R. Rye, Comtri~.mi~Development Director 1: \02files \02variances \02-110\approve resolution. doc 3 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of RESOLUTION 02-017PC A RESOLUTION APPROVING A 6.3 FOOT VARIANCE FROM THE 13.6 FOOT ADDITIONAL SETBACK REQUIRED WHEN A BUILDING WALL EXCEEDS 50 FEET IN LENGTH FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING #02-110 Danes/Colucci t!t7/(j!v(j/L( &{jfF~- Connie Carlson - 1\ City of Prior Lake . Dated this 4th day of December, 2002. (City Seal) 1:ldeptworklblankfnnltrueCOpy.doc RESOLUTION 02-017PC A RESOLUTION APPROVING A 6.3 FOOT VARIANCE FROM THE 13.6 FOOT ADDITIONAL SETBACK REQUIRED WHEN A BUILDING WALL EXCEEDS 50 FEET IN LENGTH FOR THE CONSTRUCTION OF A SINGLE F AMIL Y DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark Danes, on behalf of David and Sheryl Colucci, has applied for variances from the zoning ordinance for the construction of a single family dwelling on property zoned R-l (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 16308 Park Avenue, Prior Lake, MN, legally described as follows: Lot 11, Lakeside Park, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-1l0PC and held a hearing thereon on October 28, 2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect or the proposed variance on the Comprehensive Plan. 4. The 13.6 foot building wall setback results in a difficulty and warrants a reduced setback, because the buildable width is reduced to 27 feet. 5. The additional building wall setback creates a 13.6 foot minimum setback, which means the sum of the side yards would total 23.6 feet, when the zoning ordinance only requires 15 feet. The side yard setbacks of adjacent structures are only 5 feet leaving the subject property to maintain two 10 foot side yard setbacks. This situation is peculiar to the property. 1: \02files \02variances \02-110\approve resolution.doc 1 16200 Eagle Creek Ave. S.L, Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. A variance from the additional side yard setback appears to be necessary for the preservation and enjoyment of a substantial property right of the owner. Without some relief from this setback, the buildable width would be limited to 27 feet. 7. The variance from the additional setback for a building wall over 50 feet will not impact the character of the neighborhood, because a 15 foot building separation will still be maintained from the structure to the south. 8. The zoning ordinance allows variances where reasons of strict application of provisions would create an undue hardship. The strict application of the additional setback creates a difficulty for the property owner. 9. The contents of Planning Case #02-110PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance to allow for the construction of a single family dwelling: 1. A 6.3 foot variance from the 13.6 foot setback required when a building wall exceeds 50 feet. (Section 1102.405 (6) Dimensional Standards.) The following conditions shall be complied with prior to the issuance of a building permit for the construction of a single family dwelling on the subject site: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The driveway shall be a minimum of 10 feet in width. 4. Impervious surface shall not exceed 30 percent. 5. Gutters shall be installed on the north and south elevations of the dwelling. 6. A revised certificate of survey shall be submitted as part of the building permit application. l:\02files\02variances \02-110\approve resolution.doc 2 Adopted by the Board of Adjustment on November 25,2002. Anthony J. Stamson, Commission Chair a~jJL Donald R. Rye, c-tJuuni{VDevelopment Director 1: \02files \02variances \02-110\approve resolution.doc 3 RESOLUTION 02-018PC A RESOLUTION DENYING A 7.3 FOOT VARIANCE FROM THE AVERAGE 65.2 FOOT SHORELAND SETBACK AND A 2.6 FOOT VARIANCE FROM THE REQUIRED 15 FOOT SEP ARA TION BETWEEN BUILDINGS ON ADJACENT NONCONFORMING LOTS FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark Danes, on behalf of David and Sheryl Colucci, has applied for variances from the zoning ordinance for the construction of a single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 16308 Park Avenue, Prior Lake, MN, legally described as follows: Lot 11, Lakeside Park, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-110PC and held a hearing thereon on October 28,2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The subject lot was platted at only 8,544 square feet, which is significantly less than the current ordinance would require for a riparian lot, but it complies with the minimum dimensional standards for nonconforming lots of record. However, there is ample buildable area on the property. Strict application of the shoreland setback and side yard separation provisions do not appear to result in an undue hardship upon the owner in constructing a reasonable use, which is a single family dwelling with attached garage. 5. The conditions (i.e., shoreland and side yard setback) applying to the land in question pertain to other land within the R-1 zoning district. The site is not 1: \02files \02variances \02-110\deny resolution.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 unique because the majority of the lots on Prior Lake are nonconforming, in terms of width and area. 6. The granting of the proposed shoreland and side yard setback variances are not necessary for the preservation and enjoyment of a substantial right of the property owner. Although the home will have to be long and narrow, a reasonable use can be made of the property without encroaching into those required setbacks. 7. The granting of the shoreland setback and side yard separation variances will impact the character of the immediate vicinity by affecting the perceived health, safety, and comfort of the area. 8. One purpose of the zoning ordinance is to "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." Allowing the encroachment into the shoreland and side yard separation setback is inconsistent with the intent of the zoning ordinance. 9. The granting of the shoreland setback and side yard separation variances will serve as a convenience to the applicant because they can be eliminated with a redesign of the dwelling. 10. The alleged hardship for the shoreland and side yard separation setbacks results from the actions of the property owner. The footprint of the dwelling created the difficulty, not the area or width of the lot. 11. The contents of Planning Case #02-110PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variances to allow the construction of a single family dwelling as shown in Attachment 1 - Certificate of Survey: 1. A 7.3 foot variance from the required 65.2 foot average shoreland setback to allow a 57.9 foot shoreland setback. (Section 1104.308(2) Setback Requirements for Residential Structures.) 2. A 2.6 foot variance from the 15 foot separation required between structures on adjacent nonconforming lots to a allow a 12.4 foot separation. (Section 1101.502 (8) Required Y ards/ Open Space.) 1: \02files\02variances\02-110\deny resolution.doc 2 Antliony J. Stamson, Commission Chair ~EST:1i. j) "--L'J~ - ~N- Donald R. Rye, Co muri@ Development Director 1: \02files \02variances \02-11 O\deny resolution. doc 3 '__4.,......_~__ _~..",.""~,~.._.....,>~__w,,,._.,,__..,...o..~,,,'_..,_,.........,_~'_._~,.~.'1'.,..__..._..M.'-'"+-_~__...,.__._.-. a I HOUSE S vi __________-. vi , __' ".1 .---- I --------------------- 1&4 --------. __~::K , .' / /'I/j . / / / / .\< ~;)-U---------- --,.~F<)UNO iRON I "'J. I (9nO 92,J 16700"- . , I -------------- ~4 -------------- , "E " : ---.~ . ,'~. ____ Ii ';(3) , Ii ''''' "" '';'', '" .' '" .8"931 . - C'> 'c:J'" ~ / _ ,.;,. _ . ,J I t ~J' '" ~llI: ' """""." _ ..~_ '" ~ / '/ / -... " " {I "'~\11 II ~-- - --I .In:l..J . ELEV."UH'J ,../ ___ -"~"APt.f. _________ ~(9" /1 L,'" ,!!4 - '-,,/, " '., 0 ""':' . "$ .' ~ "" i -,' . ",', '",'" --.. ,;:,~",' " . ~"" " ~ , J-.....-... f" --~~~-i~rl ~_M'~(1 ,.:-:----:,:.. --------~~ ~./ /'h-Y/_ ~:;: ~. I'.) i 4'~o/"" /--0_ f-:F\ I.... l' ,'I '(1;;' .. - --.,.:----, < -, /'/ / / /.... 1/.-" 1'.)' of,: ,. .. " , -....", , I., . ~ 0 ., 'RIOO.",,' ,0 ,-.-. - //, '-. 0 0 I j,;: -y '-. 3. '" , PRO~OS tb . .,~~I? _' . '61 \ . ~ ;:: ~ 1 n~,5 I , ..y/l-:, '\fI)~ ~l GAR~GE :4 !l l f''''''I~ '\. ~j '" . . / C"'R IS 0.1 NORTH & __ /~. .,' G..r:l\ G , FENCE _ v , OPCRTY 'INS:: .-'.~ / 12 ',ybT vF P,!-_::'___._ _\ 7 __ :_____1- $8.8 ------ I .. - T I . '" J _ _, 'ENC'.O" UN,- ;25 "-.'.l' -=--"'7 .~"1'1l 92682 . 9246 I '" ~2y"W"'PU f ~ "\.oOft - 4'" ~__"' 'to I' -- , ..- FOUND IRON I I 1> ! X RlS NO.10183-' II '1l N: -.' 81>>. 0 o.~: " "'V4l,., WAU._ _ ~ ""': l. "OVS ______ ....., vi - - - - - - - 51.lD~i - - - - \ i NOlE: PROPOSED FLOOR - - - - - - - - lot/lo'-4)o- I \ ~i '!liE RELA llONoSHBI~ ~~ BY BUILDER. : ;:-.,: ELEVATIONS ~ I ! , \Si TOP Of' BlOC< _ 926.9 \ : GARAGE FLOOR - 926.5 I \ BASEIoAENT FLOOR _ 919.7 I \/ I \ . :.]~'; DENOTES EXISTING GROUND ELEVA liON I '" I ~!!!. .9:2 ~! ~ii 1 - S89'34'29"W 176.00r~ DECK HOUSE SCALE l' - 20 NOTES: 1. The orientation of this bearing system is based on the north line of Lot 11 which is assumed to hove a bearing of North 89 degrees 19 minutes 31 seconds East. 2. The area of the property described hereon is 8.544 square feet. 3. No title work was furnished for the preparotion of this survey to verify the elcoistence of any easements or encumbrances. DAVID COLUCCI SURVEY FOR: PROPERTY ADDRESS: LEGAL DESCRIPTION: Lot 11. LAKESIDE PARK. according to the recorded thereof and situate in Scott County. Minnesota. 16308 Pork Avenue South, Prior Lake, Minnesota. plot 4. According to the City of Prior Lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side = 5 feet O.H.W.= 75 feet (ordinary high water) 5. This survey doeS not purport to show hardcover areas of which scale to 3 feet or less in width and/or diameter. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am 0 duly licensed Land Surveyor under the lows of the State of Minnesota. Oated this 27th day of July. 2001. Revised this 21 st day of August, 2001. Revised to show proposed house this 11 th day of May. 2002. Revised to show trees & grades this 4th day of September. 2002. Revised to show future porch this 16th day of September. 2002. Revised to building location this ~26th day of September, 2002. ~ ~ o :I: 5 m z -I SEP 3 0 TOTAL PROPOSED HARD COVER AREAS: (COMBINING LOT 11 AND WEST AREA) AREA OF BUILDiNGS = 2281 SQ. FT. AREA OF DRIVEWAY = 687 SQ. FT. AREA OF RIP-RAP = 180 SQ, FT. TOTAL HARD COVER AREA = 3148 SO, FT, TOTAL PROPERTY AREA = 10681 SQ. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 29.5 % by. ~ 1f!!."" No. 22033 DENOTES POSSIBLE 12 FOOT BY 32 FOOT FUTURE PORCH. OAK 50 ~ , 'OUNO IRON LEGEND b. POWER POlE POLE ANCHOR III lELEPHONE BOX -O~EAO \\1RES GAS IoAElER FENCE el ELEClRlC IoAETER =lII.1BER WAlL STONE WALL ~ DENOTES PROPOSED GROUND ELEVA liON DENOTES PROPOSED DRAINAGE FLOW LOT 11 PROPOSED HARD COVER AREAS: 2106 SO. FT. 687 SO, FT. 2793 SO. FT, 8544 SO, FT. PROPOSED BUILDING PROPOSED ORIVEWA Y TOTAL HARD COVER AREA = TOTAL PROPERTY AREA TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY is 32.7 % HARD COVER AREAS WEST OF THE PROPERTY LINE TO THE 904 CONTOUR AREA OF BUILDING = 175 SO. FT. AREA OF RIP-RAP = 180 SO. FT. - . TOTAL HARD COVER AREA = 355 SQ, FT. TOTAL PROPERTY AREA = 2137 SO. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 17 % -- ..-- .--_.- _ I _.'0_" _~~..J JONBOY2C RESOLUTION 02-018PC A RESOLUTION DENYING A 7.3 FOOT VARIANCE FROM THE AVERAGE 65.2 FOOT SHORELAND SETBACK AND A 2.6 FOOT VARIANCE FROM THE REQUIRED 15 FOOT SEPARATION BETWEEN BUILDINGS ON ADJACENT NONCONFORMING LOTS FOR THE CONSTRUCTION OF A SINGLE FA1\1ILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark Danes, on behalf of David and Sheryl Colucci, has applied for variances from the zoning ordinance for the construction of a single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 16308 Park Avenue, Prior Lake, MN, legally described as follows: Lot 11, Lakeside Park, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-110PC and held a hearing thereon on October 28, 2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The subject lot was platted at only 8,544 square feet, which is significantly less than the current ordinance would require for a riparian lot, but it complies with the minimum dimensional standards for nonconforming lots of record. However, there is ample buildable area on the property. Strict application of the shoreland setback and side yard separation provisions do not appear to result in an undue hardship upon the owner in constructing a reasonable use, which is a single family dwelling with attached garage. 5. The conditions (i.e., shoreland and side yard setback) applying to the land in question pertain to other land within the R-1 zoning district. The site is not 1: \o2files \02variances \02-110\deny resolution.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 unique because the majority of the lots on Prior Lake are nonconforming, in terms of width and area. 6. The granting of the proposed shoreland and side yard setback variances are not necessary for the preservation and enjoyment of a substantial right of the property owner. Although the home will have to be long and narrow, a reasonable use can be made of the property without encroaching into those required setbacks. 7. The granting of the shoreland setback and side yard separation variances will impact the character of the immediate vicinity by affecting the perceived health, safety, and comfort of the area. 8. One purpose of the zoning ordinance is to "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." Allowing the encroachment into the shoreland and side yard separation setback is inconsistent with the intent of the zoning ordinance. 9. The granting of the shoreland setback and side yard separation variances will serve as a convenience to the applicant because they can be eliminated with a redesign of the dwelling. 10. The alleged hardship for the shoreland and side yard separation setbacks results from the actions of the property owner. The footprint of the dwelling created the difficulty, not the area or width of the lot. 11. The contents of Planning Case #02-110PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variances to allow the construction of a single family dwelling as shown in Attachment 1 - Certificate of Survey: 1. A 7.3 foot variance from the required 65.2 foot average shoreland setback to allow a 57.9 foot shoreland setback. (Section 1104.308(2) Setback Requirements for Residential Structures.) 2. A 2.6 foot variance from the 15 foot separation required between structures on adjacent nonconforming lots to a allow a 12.4 foot separation. (Section 1101.502 (8) Required Yards/Open Space.) 1: \02files \02variances \02-110\deny resolution. doc 2 Adopted by the Board of Adjustment on November 25,2002. 11 Anthony J. Stamson, Commission Chair ~EST: /J j) Lij~Q1).- ~~ Donald R. Rye, Commun@ Development Director 1: \02files \02variances \02-110\deny resolution. doc 3 I I I I I I I I FiNCE ON WAJ.:l AlOHCi UN( I la.i --- 75.0 DECK SCALE l' - 20 DAVID COLUCCI SURVEY FOR: PROPERTY ADDRESS: 16308 Pork Avenue South. Prior Lake, Minnesota. LEGAL DESCRIPTION: Lot 11. LAKESIDE PARK, according to the recorded plot thereof and situate in Scott County. Minnesota. CER TlFICA nON: I hereby certify that this survey was prepared by me or under my direct supervision ond thot I om 0 duly licensed Land Surveyor under the laws of the State of Minnesota. Dated this 27th day of July, 2001. Revised this 21 st day of August, 2001. Revised to show proposed house this 11 th day of May. 2002. Revised to shaw trees &< grades this 4th day of September. 2002. Revised to show future porch this 16th doy of September, 2002, Revised to building location this ~26th day of September, 2002. ~ ~ o :I: ~ m z -t i J1I.J by: Leo! Nord. MinnlYsota Licen5e No. 22033 DENOTES POSSIBLE 12 FOOT BY 32 FOOT FUWRE PORCH. DAK 50 ..... HOUSE ~ .. I \'\ ~2-J-v- N o '" . I ~'.1 .--------------1 -.. '. I FOUND IRON '"'" ...---- ;:~ ~U.APLE ~ 9~~_.3' ....---........ n~.l S89034'29"W 176.00 ... n x. ., !- HOUSE NOTES: 1. The orientation of this bearing system is based on the north line of Lot 11 whiCh is assumed to hove 0 bearing of North 89 degrees 19 minutes 31 seconds East. 2. The area of the property described hereon is 8.544 square feet. 3. No title work was furnished for the preparation of this survey to verify the e~istence of any easements or encumbrances. 4. According to the City of Prior Lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side = 5 feet O,H. W. = 75 feet (ordinary high water) 5. This survey does not purport to show hardcover areas of which scale to 3 feet or less in width and/or diameter, SEP 3 0 TOTAL PROPOSED HARD COVER AREAS: (COMBINING LOT 11 AND WEST AREA) AREA OF BUILDINGS = 2281 SO. FT. AREA OF DRIVEWAY = 687 SQ. FT. AREA OF RIP-RAP = 180 SO, FT. TOTAL HARD COVER AREA = 3148 SO. FT. TOTAL PROPERTY AREA = 10681 SO. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 29.5 ,r; , FOUND IRON , .. ~_""'O "--. LEGEND u POWER POLE POLE ANCHOR .. TELEPHONE BOX OVERHEAD WIRES GAS METER FENCE EB ELEClRlC t.lETER =TIM8ER WALL STONE WALL . :'.'~ ': DENOTES EXISTING GROUND ELEVA nON ~ DENOTES PROPOSED GROUND ELEVA nON _OENOTES PROPOSED DRAINAGE fLOW LOT 11 PROPOSED HARD COVER AREAS: 2106 SQ, FT. 687 SQ, FT. ----- . -- 2793 SQ. FT. 8544 SO, FT. PROPOSED BUILDING PROPOSED DRIVEWAY TOTAL HARD COVER AREA = TOTAL PROPERTY AREA TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 32.7 % HARD COVER AREAS WEST OF ll-JE PROPERTY LINE TO THE 904 CONTOUR AREA OF BUILDING = 175 SO FT. AREA OF RIP-RAP = 180 SO. FT. - TOTAL HARD COVER AREA = 355 SO. FT. TOTAL PROPERTY AREA = 2137 SQ. FT. .->..,,-- ,--- -- ~ ---.-- TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 17 7. JONBOY2C ASSENT OF APPLICANT ~l.: As Approved by Resolution # 02-017PC 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 Reauired. All Variances shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Variance and the holder of the Variance has failed to make substantial use of the premises according to the provisions contained in the Variance. 1108.415 After One Year. New Construction Reauired. All Variances shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Variance if a new structure or alteration or substantial repair of an existing building is required by the Variance and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Uoon 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\02variances\02-11 O\Assent Form,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 (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Variance. (3) The use described in the Variance becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Variance is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Variance was issued files a written statement in which that person states that the Variance has been abandoned. The statement shall describe the land involved or state the resolution number under which the Variance was granted. (6) The premises for which the Variance was issued are used by the person to whom the Variance was issued in a manner inconsistent with the provisions of such Variance. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions ofthe Resolution. 1-2-o'S DATE 0r~A~ SIGNAtURE OF APPLICANT /0c:-t--.. A- ~ ~ l.sro~ATURE OF OWNER 16308 PARK AVENUE, PRIOR LAKE, MN ADDRESS OF PROPERTY L:\02FILES\02variances\02-110\Assent Form,DOC 2 Scott County Customer Service (952) 496-8150 # 243105 09-JAN-2003 CUSTOMER COLUCCI, DAVID A Filing Abstract Total for Fee FILE NUMBER OR NAME: PARK AVENUE Receipt Total Cash Payment Total Change 1@ 20,OOea 20,00 20,00 20,00 20,00 0,00 .,..-......". "'"~....--- - APPLICA'l'lO~S & APPLICA'l'lO~ ~A'l'ERlALS . L:\TEMPLA TE\FILEINFO.DOC SEP 3 0 2002 Planning Case File No. txJ..--- - / / D Property Identification No. ~i=\ -{)CICp -Cf07-o City of Prior Lake LUI~lNGILAND USE APPLICATION Type of Application o Amendment to Zoning Map o Amendment to Zoning Ordinance Text o Amendment to Comprehensive Plan Land Use Map o Conditional Use Permit IRI Variance o Planned Unit Development o Senior Care Overlay District o Home Occupation o Amendment or Modification to approved CUP or PUD o Other Brief description of proposed project (Please describe the proposed amendment, project, or variance _ request. Attach additional sheets if necessary), · 7JL&R UjCtiQ., lJ CUl{JVI^-~_ .. ~, i I jU;d I. UWVld VtVl.-uAl1& ~ ~ CL-Ck-- at ')(JAfl.t:)/2. -fr d4Q.., - /01 ~"e)!; \-/i,l).Y {) H uJ It1 .. V I -IL.....\I ~ v):............~ .9 "...J-f'TrtJ P ~ Applicant: M~ ~ ~~ Address: t lrn\ &.J~~-P/~ J rl ' . jz)vCtt\~~5d- Telephone: q ~ l... - Lf 9 Z. - S r 0" (home) - ( <.~ {I to/ z.. . '--- - Property Owners (if different than applicant): hA~ A-! 0 .:::::. i4 '(;..fl,. '-('L (ol...,;c:..c.- t Address: }.5 ~~ {J,f1.'1 A-rV' AI". (!p/l-fV'( ~ m,:J .s-..r.)~ Telephone: (home)q...c:) -~"1J. '~(ol (work) 7<.1,,)..J;f...-- wr (fax) Type of Ownership: 0 Fee S. Contract for Deed 0 Purchase Agreement . '}C; L-L{<tl-~ fbJ J L.i~O - 5()" Z. (faX~ Legal Description of Property (Attach additional sheets if necessary): -L-n T LI. LA1L.?"Sl f)? .i)A~k: P.(ArlL I I '2 ' . ,... - ~ A ~ ~D~,__"7'II'''''-'-= :..... ~ ,Ji:: ? f2 LiJ" L.-J:- 6- To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that applications will ~be processed until deemed complete by the Planning Director or assignee. ~~ \~ i>-~...02-- r~TInaXt ~ Date Fee-Owner's Signatl'lre Date ADDITIONAL PROJECT INFORMATION (Required for PUD, CUP and SC Overlay District applications) Will the developers request financial assistance from the City? DYes o No If yes, please describe the amount and type of assistance requested (attach additional pages if necessary). Will anyone other than the applicant be involved in the ownership, development & management of this project? o Yes (If yes, please attach a list of the names andthe role of all persons involved in the project.) 0 No 1 :\handouts\200 1 handouts\zoning\zoning app,doc PROCEDURE FOR AN APPLICATION FOR A VARIANCE TO THE PROVISIONS OF THE ZONING ORDINANCE Overview: When a person wishes to maintainlbuild/construct a structure in a manner that does not comply with the requirements of the City's Zoning Ordinance, a variance is required. Specific requirements for property in each Zoning Use District are contained in the Zoning Ordinance. Section 1108.400 of the Code sets forth the procedure and requirements for the review of variance requests. The Code is available for review or purchase from the City's Planning Department. Pre-Application Procedure: Prior to submitting an application for a variance, applicants are encouraged to meet with the Planning Staff to discuss the following: . Zoning requirements that apply to the property. . Preliminary development or building plans for the property. . The specific criteria of the Zoning Ordinance applicable to the development or building plan. . Alternatives to the proposed development. . Variance procedures. If a decision is made to proceed after the advisory meeting or meetings, a formal application is made. Process: Within ten (10) business days of submission of the application, the applicant will receive formal, written notice from the City about whether the application is complete. Within 30 days of receipt of a complete application, the Planning Department will schedule a public hearing for review by the Board of Adjustment (Planning Commission). The Board of Adjustment must approve or deny the application within 120 days of receipt of a complete application. Timin2: Public hearings are scheduled for the Board of Adjustment on the 2nd and 4th Mondays of each month. Complete applications must be submitted to the Planning Department at least thirty (30) days prior to the scheduled meeting to allow publication of hearing notice. The Planning Department will publish notices in the Prior Lake American and notify the applicant and other affected property owners of the date and time the proposal will be heard by the Planning Commission. Staff Report: The Planning Department will prepare a staff report which: 1) explains the request; 2) reviews the criteria for granting variances as contained in the Zoning Ordinance; and 3) provides a recommendation. Hearin2: A public hearing will be held by the Board of Adjustment (Planning Commission). The Commission will review the staff report and hear from the applicant. Public testimony on the request will 1:\handouts\2001 handouts\zoning\variance app.doc Page 1 16200 Eagle Creek Ave, S.E" Prior Lake. Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER of recording to the city and received a building permit within one (1) year from the date of approval or the variance becomes null and void. APPLICATION INSTRUCTIONS . Application Fee: ~j,~~'.~J/.caL;;j":l:lll1t!: hI: 8 f"~", if',~5e.e@. . Signed Application: A completed application form signed by the owner or owners of the property. Include authorization from the property owner on the application form or by attached letter of authorization if an agent signs the application. . Application Checklist: The attached checklist identifies the necessary information. Failure to provide any of the required information will result in an incomplete application. The Application Checklist will expedite the review of your application. Attach the checklist with the application materials. 1:\handouts\2001 handouts\zoning\variance app.doc Page 3 Memorandum TO: All Applicants for Land Use Applications FROM: Jane Kansier, Planning Coordinator DATE: July 18, 2001 RE: Required Information for Notification Requirements Several Land Development Applications require published notice as well as mailed notice to nearby property owners. It is the applicant's responsibility to submit a list of the names and addresses of the property owners. This list must be prepared and certified by a certified abstract company. IN ORDER TO ENSURE PROPER NOTIFICATION, ALL PROPERTY OWNERS LISTS MUST BE ACCOMPANIED BY A MAP IDENTIFYING THE SUBJECT SITE AND THE REQUIRED NOTIFICATION RADIUS. THE MAP, AS WELL AS THE LIST, MUST BE ACCOMPANIED BY A STATEMENT CERTIFYING THE LIST HAS BEEN PREPARED BY A CERTIFIED ABSTRACT COMPANY. THE STATEMENT MUST BE SIGNED BY THE ABSTRACT COMPANY. Thank you for your attention to this matter. If you have any questions, please contact me at 447-4230. I: \handouts\certl ist.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (952) 447-4230, FAX (952) 447-4245 Received of 1Jalrli~j.... (jOl/VITY1AL tlD-Y\ /' A.. 11 t1- ('. r; /1-,'?-h ' I the sum of \/V~ IAA". rl/1II1~ ~! \.-:t \ ,/, ~':1) Lt.-t) . \) \ \ for the purpose of RECEIPT # 41677 DATE: CJ}--- ~D - 07-- , dollars I ,',. ,'.. ,.. f.. '" I I I 1../ O..}..l.;. ,~}..,1i...f'''~.P .- ---L~'",f''' ,"\'f.; ti...' :' r', I ~ ....... J: _", '-#. - , . _ -, . "...{..,-,. '.~"'" \.Jt....LJ t ~ ,.,' j\ ..' \ , $ I r-- ,.. '" . Y) I ; .;v I J ,,' \ Invoice # /', .. {-i.'/i; I (l.." r' ~ . i';'~ . .. V ,\.\ .-' \ ',_i-V': "J/ ,,,/"-,,_--- Receipt Clerk fO.f~lhe City of Prior Lake / C DANES CONSTRUCTION 1100 Butterfly Lane Jordan, MN 55352 952-492-5109 OCT - 1 am October 7, 2002 City of Prior Lake 16200 Eagle Creek Ave SE Prior Lake, MN 55372-1714 RE: Variances for 16308 Lakeside Ave, (Lot 11, Lakeside Park) In response to your letter of October 2, 2002, the following is a request of variance and description of hardship related: 15' variance to house next door, 2.6' variance. Hardship - width of lot is 50'. Only to close on garage not the house. 7' variance on deck with set back averaging.. Hardship - proposed house will be back further than the other two houses because of shoreline on the north side. Over 50' wall on south side. Hardship: width of lot is 50'. Bedrooms would get to narrow if house was jogged 42". Garage is only 24' wide, only two car garage. This is only for one level, upper level is only 46'. Sincerely, Mark A. Danes Danes Construction, LLC For: Dave & Sheri Colucci AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: CASE FILE: INTRODUCTION: PLANNING REPORT 4A CONSIDER A RESOLUTION APPROVING A VARIANCE FROM THE ADDITIONAL SETBACK REQUIRED WHEN A BUILDING WALL EXCEEDS 50 FEET IN LENGTH FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING AND A RESOLUTION DENYING VARIANCES FROM THE SHORELAND SETBACK AND 15 FOOT SEPARATION ALLOWED FOR NONCONFORMING LOTS 16308 P ARK AVENUE SE CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR YES X NO NOVEMBER 25, 2002 02-110 On October 28, 2002, the Planning Commission held a public hearing on the request from Mark Danes (representing David and Sheryl Colucci) for a 7.3 foot variance from the required 65.2 foot average shoreland setback, a 2.6 foot variance from the 15 foot separation required between structures on adjacent nonconforming lots, and a 6.3 foot variance from the 13.6 foot side yard setback required when a building wall exceeds 50 feet in length for the construction of a single family dwelling on property and zoned R- 1 (Low Density Residential) and SD (Shoreland Overlay District) and located at 16308 Park Avenue (Lot 11, Lakeside Park). The Planning Commission, by a unanimous vote, directed staff to prepare a resolution approving a 6.3 foot variance from the 13.6 foot additional setback required when a building wall exceeds 50 feet in length for the construction of a single family dwelling, subject to the following conditions: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. L: \02FILES\02variances\02-110\PC Report CC Agenda.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Planning Report - Danes Variances ~overnber25,2002 Page 2 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The driveway shall be a minimum of 10 feet in width. 4. Impervious surface shall not exceed 30 percent. 5. Gutters shall be installed on the north and south elevations of the dwelling. 7J The Commission denied a (2 foot variance from the average 65.2 foot shoreland setback and a 2.6 foot variance from the required 15 foot separation between buildings on adjacent nonconforming lots, based upon the following: 1. A hardship has not been demonstrated because shifting of the dwelling on the lot can eliminate both variances. The attached Resolution 02-017PC approves the following variance: 1. A 6.3 foot variance from the 13.6 foot setback required when a building wall exceeds 50 feet in length. (Zoning Ordinance Section 1102.405 (3): Dimensional Standards). The attached Resolution 02-018PC denies the following variances: I; 1. A jY.2 foot variance from the average 65.2 foot shoreland setback (Zoning Ordinance Section 1104.308 (2): Setback Requirements for Residential Structures) . 2. A 2.6 foot variance from the required 15 foot separation between buildings on adjacent nonconforming lots. (Zoning Ordinance Section 1101.502 (8): Required Yards/Open Space). RECOMMENDATION: The attached Resolution 02-017PC is consistent with the Planning Commission's direction for approval of a variance from the additional setback required when a wall exceeds 50 feet in length for the construction of a single family dwelling. The staff recommends adoption of the Resolution. Resolution 02-018PC is likewise consistent with the Planning Commission's direction for denial of the shoreland and side yard separation variances. The staff recommends adoption of this Resolution. Planning Report - Danes Variances November 25, 2002 Page 3 ALTERNATIVES: 1. Approve the attached Resolution 02-017PC approving the variances because the Planning Commission finds a demonstrated hardship under the Zoning Ordinance criteria and approve Resolution 02-018PC because the Planning Commission does not find a demonstrated hardship. 2. Table or continue discussion of the item for specific purpose. ACTIONS REQUIRED: Staff recommends Alternative #1. A motion and second adopting Resolution 02-017PC approving a 6.3 foot variance from the 13.6 foot setback required when a building wall exceeds 50 feet in length for the construction of a single family dwelling. I') A motion and second adopting Resolution 02-018PC denying a (l.2'"'foot variance from the average 65.2 foot shoreland setback and a 2.6 foot variance from the required 15 foot separation between buildings on adjacent nonconforming lots. ATTACHMENTS: 1. Resolution 02-017PC 2. Resolution 02-018PC L: \02FILES\02variances \02-088\PC Report.doc RESOLUTION 02-017PC A RESOLUTION APPROVING A 6.3 FOOT VARIANCE FROM THE 13.6 FOOT ADDITIONAL SETBACK REQUIRED WHEN A BUILDING WALL EXCEEDS 50 FEET IN LENGTH FOR THE CONSTRUCTION OF A SINGLE F AMIL Y DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark Danes, on behalf of David and Sheryl Colucci, has applied for variances from the zoning ordinance for the construction of a single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 16308 Park Avenue, Prior Lake, MN, legally described as follows: Lot 11, Lakeside Park, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-110PC and held a hearing thereon on October 28, 2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The 13.6 foot building wall setback results in a difficulty and warrants a reduced setback, because the buildable width is reduced to 27 feet. 5. The additional building wall setback creates a 13.6 foot minimum setback, which means the sum of the side yards would total 23.6 feet, when the zoning ordinance only requires 15 feet. The side yard setbacks of adjacent structures are only 5 feet leaving the subject property to maintain two 10 foot side yard setbacks. This situation is peculiar to the property. 1: \02files\02variances\02-110\approve resolution.doc 1 16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. A variance from the additional side yard setback appears to be necessary for the preservation and enjoyment of a substantial property right of the owner. Without some relief from this setback, the buildable width would be limited to 27 feet. 7. The variance from the additional setback for a building wall over 50 feet will not impact the character of the neighborhood, because a 15 foot building separation will still be maintained from the structure to the south. 8. The zoning ordinance allows variances where reasons of strict application of provisions would create an undue hardship. The strict application of the additional setback creates a difficulty for the property owner. 9. The contents of Planning Case #02-110PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance to allow for the construction of a single family dwelling: 1. A 6.3 foot variance from the 13.6 foot setback required when a building wall exceeds 50 feet. (Section 1102.405 (6) Dimensional Standards.) The following conditions shall be complied with prior to the issuance of a building permit for the construction of a single family dwelling on the subject site: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The driveway shall be a minimum of 10 feet in width. 4. Impervious surface shall not exceed 30 percent. 5. Gutters shall be installed on the north and south elevations of the dwelling. 6. A revised certificate of survey shall be submitted as part of the building permit application. 1: \02files \02variances \02-110\approve resolution. doc 2 Adopted by the Board of Adjustment on October 28, 2002. ATTEST: Donald R. Rye, Planning Director 1: \02files \02variances \02-110\approve resolution. doc Anthony J. Stamson, Commission Chair 3 RESOLUTION 02-018PC -r~ A RESOLUTION DENYING A.ft:2 FOOT VARIANCE FROM THE AVERAGE 65.2 FOOT SHORELAND SETBACK AND A 2.6 FOOT VARIANCE FROM THE REQUIRED 15 FOOT SEPARATION BETWEEN BUILDINGS ON ADJACENT NONCONFORMING LOTS FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark Danes, on behalf of David and Sheryl Colucci, has applied for variances from the zoning ordinance for the construction of a single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 16308 Park Avenue, Prior Lake, MN, legally described as follows: Lot 11, Lakeside Park, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-110PC and held a hearing thereon on October 28, 2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The subject lot was platted at only 8,544 square feet, which is significantly less than the current ordinance would require for a riparian lot, but it complies with the minimum dimensional standards for nonconforming lots of record. However, there is ample buildable area on the property. Strict application of the shoreland setback and side yard separation provisions do not appear to result in an undue hardship upon the owner in constructing a reasonable use, which is a single family dwelling with attached garage. 5. The conditions (i.e., shoreland and side yard setback) applying to the land in question pertain to other land within the R-l zoning district. The site is not 1: \02files \02variances \02-11 O\deny resolution. 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 unique because the majority of the lots on Prior Lake are nonconforming, in terms of width and area. 6. The granting of the proposed shoreland and side yard setback variances are not necessary for the preservation and enjoyment of a substantial right of the property owner. Although the home will have to be long and narrow, a reasonable use can be made of the property without encroaching into those required setbacks. 7. The granting of the shoreland setback and side yard separation variances will impact the character of the immediate vicinity by affecting the perceived health, safety, and comfort of the area. 8. One purpose of the zoning ordinance is to "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." Allowing the encroachment into the shoreland and side yard separation setback is inconsistent with the intent of the zoning ordinance. 9. The granting of the shoreland setback and side yard separation variances will serve as a convenience to the applicant because they can be eliminated with a redesign of the dwelling. 10. The alleged hardship for the shoreland and side yard separation setbacks results from the actions of the property owner. The footprint of the dwelling created the difficulty, not the area or width of the lot. 11. The contents of Planning Case #02-110PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variances to allow the construction of a single family dwelling as shown in Attachment 1 - Certificate of Survey: 1. A 7.3 foot variance from the required 65.2 foot average shoreland setback to allow a 57.9 foot shoreland setback. (Section 1104.308(2) Setback Requirements for Residential Structures.) 2. A 2.6 foot variance from the 15 foot separation required between structures on adjacent nonconforming lots to a allow a 12.4 foot separation. (Section 1101.502 (8) Required Yards/Open Space.) I: \02files \02variances \02-110\deny resolution.doc 2 Adopted by the Board of Adjustment on October 28, 2002. Anthony J. Stamson, Commission Chair ATTEST: Donald R. Rye, Community Development Director 1: \02files \02variances \02-110\deny resolution.doc 3 .... __ 76.' _______ DECK --_______~~t.l--- ~ . -1 DECK SCALE l' - 20 DAVID COLUCCI SURVEY FOR: - PROPERTY ADDRESS: 16308 Pork Avenue South. Prior lake. Minnesota. lEGAL DESCRIPTION: lot 11, lAKESIDE PARK. according to the recorded plot thereof and situate in Scott County. Minnesota. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I om 0 duly licensed land Surveyor under the lows of the State of Minnesota. Doted this 27th day of July. 2001. Revised this 21 st day of August. 2001, Revised to show proposed house this 11 th day of May, 2002. Revised to show trees & grades this 4th day of September. 2002, Revised to show future porch this 16th day of September. 2002. Revised to building iocation this ~26th day of September. 2002. ~ ~ o :x S m z -4 i :(11.1 by. _ let! Nord, Minne'-!lota license No. 22033 DENOTES POSSIBLE 12 FOOT BY 32 FOOT FUTURE PORCH. OAK 50 ...&. HOUSE " ,~ I ,~ '. / /' .-' ~ I :..- _--------------- $litl ~-----..----..---I / .\' -'2>0 __': .,:OOHO'IION III 'tZJj , -. . , 1921'J I~t - S89-34'29"W 176.00 ... I '~. \ .. ;'" 'L" x. 81.... __ WAU. "" 'u"',~ _____n_____ !.. OuS'7I --- .. ---------. DI?,..... I _n--- 'c",-'I)- I 1 I I I '" I ~~ .~! ..at HOUSE NOTES: 1. The orientation of this bearing system is based on the north line of lot 11 which is assumed to hove 0 bearing of North 89 degrees 19 minutes 31 seconds East. 2. The area of the property described hereon Is 8.544 square feet. 3. No title work was furnished for the preparation of this survey to verify the e~istence of any easements or encumbrances. 4. According to the City of Prior lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side .. 5 feet O.H.W.= 75 feet (ordinary high water) 5. This survey does not purport to show hardcover areas of which scale to 3 feet or less in width and/or diameter. SEP 2 0 TOTAL PROPOSED HARD COVER AREAS: (COMBINING lOT 11 AND WEST AREA) AREA OF BUilDINGS = 2281 SO. FT. AREA OF DRIVEWAY = 687 SO, FT, AREA OF RIP-RAP = 180 SO. FT. TOTAL HARD COVER AREA = 3148 .50. FT. ~TAL PROPERTY AREA = 10681 SO. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 29,5 % , rouNO IRON LEGEND Q POWER POLE POlE ANCHOR 51 lElEPHONE BOX O~EAO \\1RES GAS METER - FENCE IB ELEClRlC NElER -----'liMBER WAlL . STONE WALL ci . :.-,~.; DENOTES EXlSllNG GROUND ELEVAllON @:> DENOTES PROPOSED GROUND ELEVA nON DENOTES PROPOSED DRAINAGE FLOW LOT 11 PROPOSED HARD COVER AREAS: PROPOSED BUILDING PROPOSED DRIVEWA '( TOTAL HARD COVER AREA = TOTAL PROPERTY AREA TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 32.7 " 2106 SO, FT. 687 SO. FT. 2793 SQ. FT. 8544 SO. FT. HARD COVER AREAS WEST OF THE PROPERTY LINE TO THE 904 CONTOUR AREA OF BUILDING AREA OF RiP-RAP TOTAL HARD COVER AREA '" TOTAL PROPERTY AREA TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 175 SO. FT. 180 SO. FT. ~- 355 SO. FT. 2137 SQ. FT. 17 " JONBOY2C AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: CASE FILE: INTRODUCTION: PLANNING REPORT SA CONSIDER VARIANCES FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING 16308 PARK AVENUE CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR J_ YES NO-N/A OCTOBER 28, 2002 02-110 Mark Danes (representing David and Sheryl Colucci) is requesting variances from the zoning ordinance for the construction of a single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District) and located at 16308 Park Avenue (Lot 11, Lakeside Park). The property is guided Urban Low /Medium Density Residential in the 2020 Comprehensive Plan. The subject property is a riparian lot, and is served by a private driveway. A seasonal dwelling, constructed in 1920, currently occupies the site. Topography is relatively flat as it ranges from 926.8 feet at the existing private street to 904 at Prior Lake. In order to construct the proposed dwelling shown on Attachment 3, the following variances are required: 1. A 7.3 foot variance from the required 65.2 foot average shoreland setback to allow a 57.9 foot shoreland setback. (Section 1104.308(2) Setback Requirements for Residential Structures.) 2. A 2.6 foot variance from the required 15 foot separation required between structures on adjacent nonconforming lots to a allow a 12.4 foot separation. (Section 1101.502 (8) Required Yards/Open Space.) 3. A 6.3 foot variance from the 13.6 foot side yard setback required when a building wall exceeds 50 feet in length to allow a 7.3 foot setback. (Section 1102.405 Dimensional Standards.) 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Planning Report - Danes/Colucci Variance October 28, 2002 Page 2 BACKGROUND: The property was platted as Lot 11, Lakeside Park in 1921. The lot complies with the minimum lot area and width permitted by the zoning ordinance for nonconforming shoreland lots with municipal sewer and water (t.e., 50 feet of lot width and 7,500 square feet of area). The existing buildable area is approximately 2,500 square feet. The depth of this area is approximately 96 feet and width approximately 27 feet. Although this may not be an ideal shape, it still provides ample area for a dwelling. The existing cabin (see picture above) maintains a 68 foot setback from the ordinary high water (OHW) level (904 contour), and a nonconforming 182 square foot (10.4 feet by 17.5 feet) boat house is located 11.5 feet from the OHW. The existing cabin will be removed to accommodate the proposed dwelling. DISCUSSION: The applicant is seeking variances to construct a single family dwelling with attached two stall garage on the property. As shown in the following table, the proposal complies with all applicable bulk standards, except for required minimum side yard and shoreland setbacks: TABLE 1 COMPARISON OF PROPOSAL TO ORDINANCE REQUIREMENTS Setbacks Ordinance Requirement Proposal Front 50 feet . 58.5 feet Side (north) 10 feet 10 feet (south) 15 feet'~/13.6 feet>'r>'r 12.4 feet/7.3 feet Shorelttnd 65.2 feet 57.9 feet Imr.etvious Surface Coverage 30 percent Buildin, Height 35 feet '~minunum separation between structures on nonconforming lots. ,~* minimum required setback when building wall exceeds 50 feet in length. 29.5 percent 34 feet According to Section 1104.308 of the zoning ordinance, "on shoreland lots that hare 2 adjcu:ent lots with ex~i;' ~o 'j/' ;, IA.~ structures on both such adjcu:ent lots, any new residential structure ... may be set back the alA:.IU~ setbtKk of the adjcu:ent structures firm the ordinary higp w:der (OHW) leud or 50 feet, 71hK:hew- is grw:er." The property to the north is set back 55.4 feet from the 904 contour and the property to the south is 75 feet, so the average is 65.2 feet. The proposed setback is shown as 57.9 feet, thus the 7.3 foot variance. On nonconforming lots, a 15 foot side yard separation setback is required on nonconforming lots of record, provided the folloy.>ing: the sum of the side yards totals 15 feet and yard encroachments (i.e., eaves) maintain a 5 foot setback. The proposed separation between the proposed structure and the dwelling to the south is 12.4 feet. The existing Planning Report - Danes/Colucci Variance October 28, 2002 Page 3 dwelling to the south is 5.1 feet from the property line, so the proposed dwelling must be setback 9.9 feet from the side lot line to comply with the required separation. Within the residential use districts, the zoning ordinance requires an additional side yard setback for building walls that exceed 50 feet in length without a break equal to 10 percent of the wall. The south wall of the proposed dwelling is 72.33 feet in length, so a 13.6 foot side yard setback is required (3.7 feet plus 9.9 feet). This setback is in addition to the required separation setback. The proposed setback from the south property line is 7.3 feet. The picture to the left shows the current separation between the existing cabin and dwelling to the south. In terms of the other bulk standards in the R -1 use district, the front yard setback proposed by the applicant is 58.8 feet. The zoning ordinance requires a minimum front yard setback of 25 feet, but the setback may be the average of the adjacent structures provided the average is no less than 20 feet or greater than 50 feet. The average in this instance would be 58.1 feet, but the required setback can be no more than 50 feet. Shifting the proposed dwelling to the maximum 50 foot setback would eliminate the shoreland setback variance. Accordingly, if the proposed dwelling was shifted to the east by 8 feet (from the lake), the driveway would be reduced in length and it is likely that impervious surface will also be reduced. The application indicates that 29.5 percent of the subject lot and adjacent unplatted shoreland are proposed to be covered with hard surface. However, the driveway shown on the survey is only 8 feet in width, which does not seem realistic. The driveway should be minimum of 10 feet in width. However, requiring the driveway to be a minimum of 10 feet in width with the house at the 58.8 foot setback would exceed the maximum 30 percent impervious surface coverage permitted for properties located within shoreland overlay district. Deoartment of Natural Resources (DNR) Comments: The Department of Natural Resources (DNR) was noticed about the variance requests and recommends denial of the shoreland setback variance because the dwelling can be shifted to east to maintain the average shoreland setback (see Attachment 5). Aoolicant's Perceived Hardshi~: The applicant believes that the shoreland setback variance is warranted because the "proposed house will be back further than the other two houses because of shoreline on the north side" and the side yard separation variance should be granted because it is "only close Planning Report - Danes/Colucci Variance October 28, 2002 Page 4 to the garage not the house." That is, only a portion of the dwelling does not comply with the minimum separation. Relief from the building wall additional setback is warranted because the bedrooms would be too narrow and the upper level is only 46 feet in depth as proposed. VARIANCE HARDSHIP FINDINGS Section 1108.400 states that the Board of Adjustment may grant a Variance from the strict application of the provisions of the zoning ordinance, provided that: 1. Where by reason of na..n.. wness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exc"pl~onal conditions of such lot, the strict application of the t\:.uuS 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 p\:..Lu.Lissible within the Use District in which said lot is located. The subject lot was platted at only 8,544 square feet, which is significantly less than the current ordinance would require for a riparian lot, but it complies with the minimum dimensional standards for nonconforming lots of record. However, there is ample buildable area on the property. Strict application of the shoreland setback and side yard separation provisions do not appear to result in an undue hardship upon the owner in constructing a reasonable use, which is a single family dwelling with attached garage. The 13.6 foot building wall setback results in a difficulty and warrants a reduced setback, because the buildable width is reduced to 27 feet. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The conditions (i.e., shoreland and side yard setback) applying to the land in question pertain to other land within the R -1 zoning district. The site is not unique because the majority of the lots on Prior Lake are nonconforming, in terms of width and area. The additional building wall setback creates a 13.6 foot minimum setback, which means the sum of the side yards would total 23.6 feet, when the zoning ordinance only requires 15 feet. Both adjacent structures are only 5 feet from the interior property lines leaving the subject property to maintain two 10 foot side yard setbacks. This situation is peculiar to the property. 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 proposed shoreland and side yard setback variances are not necessary for the preservation and enjoyment of a substantial right of the property Planning Report - Danes/Colucci Variance October 28, 2002 Page 5 owner. Although the dwelling will have to be long and narrow, a reasonable use can be made of the property without encroaching into those required setbacks. A variance from the additional side yard setback appears to be necessary for the preservation and enjoyment of a substantial property right of the owner. Without some relief from this setback, the buildable width would be limited to 27 feet. 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 proposed variances may affect the perception of an adequate supply of light and air to adjacent property. However, requested relief will likely not endanger the public safety, but will allow a new single family dwelling to be constructed that encroaches into a required minimum setback. 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The granting of the shoreland setback and side yard separation variances will impact the character of the immediate vicinity by affecting the perceived health, safety, and comfort of the area. The variance from the additional setback for a building wall over 50 feet will likely not impact the character of the neighborhood, because a 15 foot separation will still be maintained from the structure to the south. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. One purpose of the zoning ordinance is to "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." Allowing the encroachment into the shoreland and side yard separation setback is inconsistent with the intent of the zoning ordinance. The zoning ordinance allows variances where reasons of strict application of provisions would create an undue hardship. The strict application of the additional setback likely creates a hardship for the property owner. 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. Planning Report - Danes/Colucci Variance October 28, 2002 Page 6 The granting of the shoreland setback and side yard separation variances will serve as a convenience to the applicant because they can be eliminated with a redesign of the dwelling. The variance from the building wall setback is necessary to alleviate a demonstrable undue hardship. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. The alleged hardship for the shoreland and side yard separation setbacks results from the actions of the property owner. The footprint of the proposed dwelling created the difficulty, not the area or width of the lot. Conversely, a provision of the zoning ordinance and the side yard setbacks of adjacent structures created the difficulty for the additional building wall setback. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. A new home will significantly increase the value of the property. CONCLUSION: The applicant is requesting variances to construct a single family dwelling on property zoned R-l and SD. The proposed dwelling encroaches into the required shoreland setback, side yard separation setback, and additional setback required when a building wall exceeds 50 feet. Since the property has an appropriately-sized buildable area for the lot without variances, the shoreland setback and side yard separation setback variances are not warranted. The proposed dwelling can be shifted to the 50 foot front yard setback, thus eliminating the shoreland setback, and the side yard separation setback may impact the perception of overcrowding in the immediate vicinity. The adjacent structures only maintain a 5 foot side yard setback requiring the subject property to maintain a minimum 10 foot side yard setback to equal the 15 foot side yard separation. This creates a difficulty when there is the additional building wall setback required in conjunction with the 10 foot side yard setback. Staff recommends denial of the shoreland setback variance and the 2.6 foot variance from the required 15 foot separation between buildings on nonconforming lots, but recommends approval of a 3.6 foot variance from the additional setback required when a building wall exceeds 50 feet in length. This setback variance will allow the structure to maintain a 10 foot side yard setback found on other properties within the R-1 zoning district. Moreover, it will provide for a 30 foot wide buildable area. '~~~'___'---'___'._w._.,.", _.".,.__._.--.-..-...--..t--'~-'-"--~'-'----~"-'.-1-'~'~"""""_._m_ _,__~._._",._,~_,..~___"_"~~_ Planning Repon - Danes/Colucci Variance October 28, 2002 Page 7 RECOMMENDATION: Staff recommends denial of the 6.2 foot variance from the 65.2 foot shoreland setback and the 2.6 foot variance from the 15 foot side yard separation setback, based upon the following: 1. The applicant has not demonstrated a hardship to warrant the granting of variances. 2. A reasonable use can be constructed on the site without these two variances. Staff recommends approval of the 3.6 foot variance from the 13.6 foot additional setback required when a building wall exceeds 50 feet in length, with the following conditions: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The driveway shall be a minimum of 10 feet in width. 4. Impervious surface shall not exceed 30 percent of the lot area. ALTERNATNES: 1. 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 supporting the vanances. 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. ACTIONS REOUIRED: The staff recommends approval of this request in part, and denial in part. This requires the following motions: 1. A Motion and second adopting Resolution 02-017PC approving a 3.6 foot variance from the 13.6 foot additional setback required when a building wall exceeds 50 feet in length for the construction of a single family dwelling. _'"____,~. "".~",~_. ,""".~,_.~,'''~'_,..___...'.I--'''''_'__''___'''' _____~~'~..,....._,... ..~.__._...,_,.....".....___.m .---. """ "..~..,-~~".._...'~._,.----._---,--~~----~-.....,-"'-~.,,-,"---". ..,..."._,.,.,~,--~ Planning Report - Danes/Colucci Variance October 28, 2002 Page 8 2. A Motion and second adopting Resolution 02-018PC denying a 6.2 foot variance from the 65.2 foot shore1and setback, a 2.6 foot variance from the required 15 foot separation between buildings on adjacent nonconforming lots, and a 6.3 foot variance from the 13.6 foot setback required when a building wall exceeds 50 feet for the construction of a single family dwelling. ATTACHMENTS: 1. Location map 2. Applicant's letter 3. Survey 4. Dwelling plans 5. Comments from DNR received October 15, 2002 6. Applicable regulations 7. Resolution 02-017PC 8. Resolution 02-018PC Location VIa) ATTACHMENT 1 for Janes/Co ucci Variance "-J " ~~~ ~ ~---\ -\~\ ), 1\\ I ITf~ N A 400 I o 400 Feet I ATTACHMENT 2 DANES CONS TRue nON 1100 Butterfly Lane Jordan, MN 55352 952-492-5109 OCT - 7 2002 October 7, 2002 City of Prior Lake 16200 Eagle Creek Ave SE Prior Lake, MN 55372-1714 RE: Variances for 16308 Lakeside Ave, (Lot 11, Lakeside Park) In response to your letter of October 2, 2002, the following is a request of variance and description of hardship related: 15' variance to house next door, 2.6' variance. Hardship - width of lot is 50'. Only to close on garage not the house. 7' variance on deck with set back averaging.. Hardship - proposed house will be back further than the other two houses because of shoreline on the north side. Over 50' wall on south side. Hardship: width of lot is 50'. Bedrooms would get to narrow if house was jogged 42". Garage is only 24' wide, only two car garage. This is only for one level, upper level is only 46' . Sincerely, Mark A. Danes Danes Construction, LLC For: Dave & Sheri Colucci APPLICANT'S LETTER " .,..""..,_.....,.......,._",__~,.,.._,,.._,_.,~,,_.,.~_._.-.-..----.,_.__~~~..."..,_~,._........_..."'t .-~._-.,~,--.-~~------~_._---~-~----.-.~'--.-'"'".--~.."" HOUSE S :'1 / IIri .n / >;22~' / / / /.' ." t't .' / / / / }: ~;J~'------------' 50.1 ---------------, "'9~" ~ I, .... "E9225. -", 16700\1 - 12'MAP~Q') I~ .r-.... N89 ,931 " ...."'. J ~ . ".: FOONO lOON /'~' "'" . ..191- f- lASH .' EXlSllNG 1ST flOOR .-/' ~ ~.^.. .~ ------- .. >2'; '. 904 CCln192i-- ----- .,: .'0 922.2~ : ELEV.-925.95 .___ ~ ____ -en: , -,,\ ....~ (--_~_.._ It g21.9 '~. J 0 I _____ ~",Vl.t. ---:r--~ / ~ 7,":--.__,,~"--...-----.--J~ - ! ~(?nl9 /;;. ""~MAPU: ___ ______ c: . '( '~~^'/"///~~~,. if' ~ 925' ~ ~r'., : ___ ~" - _ _ >12.~~V~-""9 R ,~~1 PROPOSED 3 n. WALYG ~., c, i \ dJ9~O~'~ ,,/ {~;/'"'~ IN"" :_~ I I ~ ,>' "'fV':- P ~ i ',< ,[ , ,'.2 / / ./ / /26~00~ e; , 'I N' 'f,: '9'"12 ~~ T u yo6Jo B ~ I .- I ~ ---' f\J g ;; I 919',' . ~, ~, POSE!Y':...,J . r~N_ 8 / (, (/ / PR01Psm p~IVEwk'f J ,\ 3..., V< t~,! I R[TAIN AS.....' ,N //'; Y A. 'J145 .9LSI1 /""".. .1z ~ - - ~: j IlEQUREO GARAGE '~ ~ "~?/'r" ~~ ~ ~ i ':':'1 7 / ~'1 " .7' C\ ,::Jj~ JP1 ~ ... ~! j,~92J6 (. ~~ ~~-1 ~[NC[CCR,SOlNOR'H'& ~i .(/) :v / V / ,/,'72 / ~/'~ .. Y /~, _[5' OF ?ROPE:.: _,_NF"_ - " 10'MAP'U X ~/ A / / / / / / ~ _____~ 58.8 __n_____ \ ,,+(.... I ~ 9.:J (g~ ~ Ft:NCE~E"- ~:~-L J. 926 ~ __ J I: I I -, 1\ ~ - ~9"461 j ---......., it'.' J /. g::31 /7 ) ~ 9252 ~ 925!) ! . 9251 -"', \'(1 29~M"'P\.E , "v g.:.,_~",', 926_32 J, t FDIC[ ON W,ALLAI.ONG UHE t S89034'29"W 176.00 \. ! X :- m' -';':NO ,;cii-: ~~\ ,! l ,,' / / / / / ./ / ""I rJ/lU RLS NO.t0163-' I I N! t l . ~ I,(IIoIou n...... WAU. 10 i \~i on / S571 ________n____ , ,....' / _________n____ 'DRI i......i / "<'~-4 r \~! NOTE: Ii! '!liE RELATIONSHIP BETWEEN PROPOSED flOOR I ! ~ ~i ElEVATIONS TO BE VERIFIED BY BUILDER. i' i TOP Of' BLOCK - 926.9 1 i GARAGE flOOR - 926.5 I \/ B'-"~"T flOOR - 919.7 I \ x :::: DENOTES EXISTING GROUNO ELEVATION I ~~ @ DENOTES PROPOSED GROUND ELEVATION 1",0 .;;;; _ DENOTES PROPOSED DRAINAGE FLOW B~ ~;! 1. -t DECK SCALE I" - 20 / / / / SURVEY FOR: DAVID COLUCCI PROPERTY ADDRESS: 16308 Pork Avenue South, Prior lake. Minnesota. lEGAL DESCRIPTION: lot 11, LAKESIDE PARK. according to the recorded plat thereof and situate in Scott County. Minnesota. CERTlFlCA nON: I hereby certify that this survey was prepared by me or under my direct supervision and that I am 0 duly licensed land Surveyor under the laws of the State of Minnesota. Doted this 27th day of July. 200L Revised this 21 st day of August, 200L Revised to show proposed house this 11th day of May. 2002. Revised to show trees & grades this 4th day of September, 2002. Revised to show future porch this 16th day of September. 2002. Revised to building location this 26th day of September, 2002. !i1l.l by: lee' Nord, Minn~ota license No. 22033 / / / </ DENOTES POSSIBLE 12 FOOT BY 32 FOOT FUTURE PORCH. /' ,_x' DAK 50 HOUSE NOTES: 1. The orientation of this bearing system is based on the north line of lot 11 which is assumed to have a bearing of North 89 degrees 19 minutes 31 seconds East. 2. The area of the property described hereon is 8.544 square feet. 3. No title work was furnished for the preparation of this survey to verify the existence of any easements or encumbrances. 4. According to the City of Prior lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side = 5 feet O,H. W. = 75 feet (ordinary high water) 5. This survey does not purport to show hardcover areas of which scale to 3 feet or less in width and/or diameter. SE? 3 0 TOTAL PROPOSED HARD COVER AREAS: (COMBINING lOT 11 AND WEST AREA) AREA OF BUILDINGS = 2281 SQ, FT. AREA OF DRIVEWAY = 687 SQ. FT. AREA OF RIP-RAP = 180 SQ, FT. TOTAL HARD COVER ..AREA = 3148 SQ, FT, TOTAL PROPERTY AREA = 10681 SQ, FT, TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 29.5 % ,-L;'_~_~ , 'OONO IRON > ~ ! en I ~r-~"II) " POWER POLE POLE ANCHOR .. TELEPHONE BOX OVERHEAD \\lRES GAS METER FENCE EB ELECTRIC METER =TIMBER WALL ~STONE WALL lOT 11 PROPOSED HARD COVER AREAS: 2106 SQ, FT. 687 SQ. FT. 2793 SQ, FT, 8544 SQ. FT. PROPOSED BUILDING PROPOSED DRIVEWAY TOTAL HARD COVER AREA = TOTAL PROPERTY AREA TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 32.7 % HARD COVER AREAS WEST OF THE PROPERTY LINE TO THE 904 CONTOUR AREA OF BUILDING AREA OF RIP-RAP TOTAL HARD COVER AREA = TOTAL PROPERTY AREA TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 175 SQ. FT. 180 SQ. FT. 355 SQ, FT, 2137 SQ, FT. 17 % JONBOY2C ATTACHMENT 4 .,; ~ . j-.' .~." , ',: '~~/'s~;:"~'.: ...,...... -. .....: ;..~ '. . . ". -, >i..;. ". -~,.~. ;::," :::,.:,~~,~~2,:N;::~ .\..,.;', '_ ~ i . ". . - L ~.~' ~/'.' . ; ", ' ~', f: ,;; ~';:..;,; :;,;" ;~; ''',',' BUILDING PLANS. .,..... ,;. ......-:...: -"h'j...:/.:..:'.:' '!:' t j' -' - . :~., \ " . .:';. .' -. .~' '. 'i. ,~::; : ~~;;:(i;~r;;;.i!.~,::".~.~. :"::,,,'::;-". -1- ..:.'." 'I'.... f' 4-' . ! :~{ JJi. {...., ~.i ~ ~ ~~. 1i' Mi ~' ~ 'M ~~\ ~ If,.: i ~. J .1~ ~. ~ ~ ~. (I' ;~:. ~. ..' ~:' ..' .,'. ..,.- ;;~i:. '.:--: .;:,.':'" -\.,..'...~ ~~...' 7-'"i~/:!'; ';'f' :........;;;:-:-~;"!;,J.:'..;:,;:-r;.;....!:::_.~.. "':~~~-'?";:;!.'~"~~~~ !t~~1+,.t~~~'~1~ ;~., ;i '. t... ''';:. ~. ,; .. If " ,~jI~ ~ '-~1&.~ ;1 :~~ ~l; :.;~~ ~; ~~S( ~~ ATTACHMENT 5 'L..-;:rzi(~ (~--'Q 0' LS '. "L5~LS .. H'. Jrl.' , '\ "\ lJ:t , 5 'lOOl U i \)t>>J~ + ~~0 Cc\"a-', I have reviewed It L ~"voeJ ,~~uei' (Danes Vanancel for the follOWing: Water Sewer Zoning I Parks Assessment Policy , I Septic System I L.--'-Erosi~.~ Contr~.~ Recommendation: Comments: - ...., N ,oaAp , , -r /heP ~+-- ~lA..~dL no /~5~ - - City Code Storm Water Flood Plain Natural Features Electric Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code Approval X ~nial Conditional Approval \ '(66~~ LJ-z V~OvVI~ , , 57"rU c;h.(~ L ~, V' ~ - ~ h<. :;'/1 cl ~ / Sd J....'c/C S"u.c...L... -fI~ a'/~c:U.J.<. c, (7 r ~ ~_ ..--.,~ rc.L- l.J-) :\A ~ r ~ '%y/~. -b "f~.J2 ~ t?,c.;' ~J(, t"lh:e..-::hm-. h 0,) <'/~ ~-# V 7f~'~' Signed: \f).~.~~jc a~ L~ Date: iO/'O/b'2 r . I-lt..,' I I ~1--Jf2- ~LL ',d" l-r~-c- G5/-i7J--71/7 Please return any comments by Thursdav. October 17. 2002, to Cynthia Kirchoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9813 Fax: (952) 447-4245 e-mail: ckirchoff@cityofpriorlake.com 1:\02fi1es\02variances\02-110\referral.doc DNA COMMENTS Page 2 Zoning Ordinance public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. 1104.308 Placement. Desicln. And Heiaht Of Structures: (1) Piers And Docks: Setback requirements from the ordinary high-water mark shall not apply to piers and docks. Location of piers and docks shall be controlled by applicable state and local regulations. -. (2) Setback Requirements For Residential Structures: On shoreland lots that have 2 adjacent lots with existing principal structures on both such adjacent lots, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the ordinary high-water mark or 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with. In cases where only one of the two lots adjacent to an undeveloped shore land lot has an existing principal structure, the average setback of the adjacent structure and the next structure within 150 feet may be utilized. Setback averaging may not be utilized when an undeveloped shore land lot is adjacent to two other undeveloped shoreland lots. In no instance shall a principal structure be located in a shore impact zone or a bluff impact zone. (amd. Ord. 99-18 - pub. 11/15/99) The following shall not be considered encroachments into the lakeshore or bluff setback: a. Yard lights and nameplate signs for one and two family dwellings in the R-1, R-2 and R-3 districts. b. Floodlights or other sources of light illuminating authorized illuminated signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the regulations of subsection 1107.1800. c. Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of 5 feet from any lot line. d. The following shall not be encroachments on front yard requirements: City of Prior Lake May 1. 1999 1l04/p10 Zoning Ordinance any customers or students, the home occupation has received a Certificate of Occupancy. j. All home occupations shall be subject to an annual inspection to insure compliance with the above conditions. k. All applicable permits from other governmental agencies have been obtained. (2) Group Day Care/Nursery School in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The outside play areas are fenced and screened with a buffer yard. c. Drop off and loading points are established which do not interfere with traffic and pedestrian movements. 1102.405 Dimensional Standards. (1) No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in subsection 1101.508. (2) The ground floor area ratio within the R-1 Use District shall not exceed 0.3. (3) The following minimum requirements and those additional requirements, exception and modifications contained in provisions (4) through (9) below and in the Subdivision Ordinance shall govern the use and development of lots in the "R-1" Use District. Lot Area (Sq. ft.) Lot Width (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) 12,000 86 25 10 25 (4) The depth of the front yard of a lot shall be at least 25 feet. If the average depth of at least 2 existing front yards, for buildings within 150 feet along the same block front of the lot in question are less or greater than 35 feet, the required front yard shall be the average depth of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be required to exceed 50 feet. (5) Through lots and corner lots shall have a required front yard on each street. ..... (6) The width of the side yard setback abutting a building wall shall be increased 2 inches for each 1 foot the length of the building wall exceeds 50 feet. The additional setback will not be applied if there is a break in the building wall equal to 10% of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within 10 degrees of being parallel to and abutting the side lot line of a lot. (Ord. 00-08 - pub. 6/10/00) - City of Prior Lake May 22. 1999 1l02/p14 ATTACHMENT 7 RESOLUTION 02-017PC A RESOLUTION APPROVING A 3.6 FOOT VARIANCE FROM THE 13.6 FOOT ADDITIONAL SETBACK REQUIRED WHEN A BUILDING WALL EXCEEDS 50 FEET IN LENGTH FOR THE CONSTRUCTION OF A SINGLE F AMIL Y DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark Danes, on behalf of David and Sheryl Colucci, has applied for variances from the zoning ordinance for the construction of a single family dwelling on property zoned R~1 (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 16308 Park Avenue, Prior Lake, MN, legally described as follows: Lot 11, Lakeside Park, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-110PC and held a hearing thereon on October 28, 2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The 13.6 foot building wall setback results in a difficulty and warrants a reduced setback, because the buildable width is reduced to 27 feet. 5. The additional building wall setback creates a 13.6 foot minimum setback, which means the sum of the side yards would total 23.6 feet, when the zoning ordinance only requires 15 feet. The side yard setbacks of adjacent structures are only 5 feet leaving the subject property to maintain two 10 foot side yard setbacks. This situation is peculiar to the property. 1: \02files \02variances\02-110\approve resolution.doc 1 16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. A variance from the additional side yard setback appears to be necessary for the preservation and enjoyment of a substantial property right of the owner. Without some relief from this setback, the buildable width would be limited to 27 feet. 7. The variance from the additional setback for a building wall over 50 feet will not impact the character of the neighborhood, because a 15 foot building separation will still be maintained from the structure to the south. 8. The zoning ordinance allows variances where reasons of strict application of provisions would create an undue hardship. The strict application of the additional setback creates a difficulty for the property owner. 9. The contents of Planning Case #02-110PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance to allow for the construction of a single family dwelling: 1. A 3.6 foot variance from the required 13.6 foot setback required when a building wall exceeds 50 feet to allow a 10 foot side yard setback. (Section 1102.405 (6) Dimensional Standards.) The following conditions shall be complied with prior to the issuance of a building permit for the construction of a single family dwelling on the subject site: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The driveway shall be a minimum of 10 feet in width. Adopted by the Board of Adjustment on October 28, 2002. Anthony J. Stamson, Commission Chair ATTEST: Donald R. Rye, Planning Director 1: \02files \02variances \02-110\approve resolution. doc 2 ATTACHMENT 8 RESOLUTION 02-018PC A RESOLUTION DENYING A 6.2 FOOT VARIANCE FROM THE 65.2 FOOT SHORELAND SETBACK, A 2.6 FOOT VARIANCE FROM THE REQUIRED 15 FOOT SEP ARA TION BETWEEN BUILDINGS ON ADJACENT NONCONFORMING LOTS, AND A 6.3 FOOT VARIANCE FROM THE 13.6 FOOT SETBACK REQUIRED WHEN A BUILDING WALL EXCEEDS 50 FEET FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark Danes, on behalf of David and Sheryl Colucci, has applied for variance from the zoning ordinance for the construction of a single family dwelling on property zoned R-l (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 16308 Park Avenue, Prior Lake, MN, legally described as follows: Lot 11, Lakeside Park, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-110PC and held a hearing thereon on October 28,2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The subject lot was platted at only 8,544 square feet, which is significantly less than the current ordinance would require for a riparian lot, but it complies with the minimum dimensional standards for nonconforming lots of record. However, there is ample buildable area on the property. Strict application of the shoreland setback and side yard separation provisions do not appear to result in an undue hardship upon the owner in constructing a reasonable use, which is a single family dwelling with attached garage. I: \02files \02variances \02-110\deny resolution.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 5. The conditions (i.e., shoreland and side yard setback) applying to the land in question pertain to other land within the R-l zoning district. The site is not unique because the majority of the lots on Prior Lake are nonconforming, in terms of width and area. 6. The granting of the proposed shoreland and side yard setback variances are not necessary for the preservation and enjoyment of a substantial right of the property owner. Although the home will have to be long and narrow, a reasonable use can be made of the property without encroaching into those required setbacks. 7. The granting of the shoreland setback and side yard separation variances will impact the character of the immediate vicinity by affecting the perceived health, safety, and comfort of the area. 8. One purpose of the zoning ordinance is to "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." Allowing the encroachment into the shoreland and side yard separation setback is inconsistent with the intent of the zoning ordinance. 9. The granting of the shoreland setback and side yard separation variances will serve as a convenience to the applicant because they can be eliminated with a redesign of the dwelling. 10. The alleged hardship for the shoreland and side yard separation setbacks results from the actions of the property owner. The footprint of the dwelling created the difficulty, not the area or width of the lot. 11. The contents of Planning Case #02-110PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variances to allow the construction of a single family dwelling as shown in Attachment 1 - Certificate of Survey: 1. A 7.3 foot variance from the required 65.2 foot average shoreland setback to allow a 57.9 foot shoreland setback. (Section 1104.308(2) Setback Requirements for Residential Structures.) 2. A 2.6 foot variance from the required 15 foot separation required between structures on adjacent nonconforming lots to a allow a 12.4 foot separation. (Section 1101.502 (8) Required Yards/Open Space.) 1: \02fi1es \02variances \02-110\deny reso1ution.doc 2 3. A 6.3 foot variance from the 13.6 foot side yard setback required when a building wall exceeds 50 feet in length to allow a 7.3 foot setback. (Section 1102.405 Dimensional Standards.) Adopted by the Board of Adjustment on October 28, 2002. Anthony J. Stamson, Commission Chair ATTEST: Donald R. Rye, Planning Director 1: \02files\02variances\02-110\deny resolution. doc 3 .. -.. FOUND IRON . , 1SI ~;p..f" '\ , \ --wftF ,- ~40 ...- //- ------ // ------ ~r'" ------- 5S,4 ---~~------_-_-2l:~ --~~~~. HOUSE N o on r22~ / / / / / / V,1 4! .r'">-1 N89.,9'31"E92ZS >' ~. EXlSnNG 1ST FlOOR : ELtV.-925.95 , .------- ~~ ---: - .I"" ~~'PLE ;,; / / / '" o .0/ ~,/ I / A ,_ _--------------.59.1 ----------------. .9230 I S89034'29.W 176.00 \, ,.. . " :; f. ;25 ' .l.---' FOUND IRON - . / /~...~ SITu RLS N0.1018J-' "' ~/~OIJ n~~O ,_on_ _ _ _ _ _ _______ _S 57.1D~i- - - - - ---- - -- "<"''''r / / /- / / DECK HOUSE ///// NOTES: 1. The orientation of this bearing system is based on the north line of Lot 11 which is assumed to have a bearing of North 89 degrees 19 minutes 31 seconds East. 2. The area of the property described hereon is 8.544 square feet. 3. No title work was furnished for the preparation of this survey to verify the e~istence of any easements or encumbrances. 4. According to the City of Prior Lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side = 5 feet O.H.W.= 75 feet (ordinary high water) 5. This survey does not purport to show hardcover areas of which scole to 3 feet or less in width and/or diameter. SCALE 1. - 20 DAVID COLUCCI SURVEY FOR: PROPERTY ADDRESS: 16308 Park Avenue South. Prior Lake, Minnesota. LEGAL DESCRIPTION: Lot 11. LAKESIDE PARK. according to the recorded plot thereof and situate in Scott County. Minnesota. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am 0 duly licensed Land Surveyor under the lows of the State of Minnesota. Doted this 27th day of July. 2001. Revised this 21st day of August. 2001. Revised to show proposed house this 11 th day of May. 2002. Revised to show trees & grades this 4th day of September, 2002. Revised to show future porch this 16th day of September. 2002. Revised to building location this ~26th day of September. 2002. ~ i! o :t ~ m z -I SEP 3 0 TOTAL PROPOSED HARD COVER AREAS: (COMBINING LOT 11 AND WEST AREA) AREA OF BUILDINGS = 2281 SQ, FT. AREA OF DRIVEWAY = 687 SQ. FT, AREA OF RIP-RAP = 180 SQ. FT. ~L HARD_COVER AREA = 3148_SQ. FT. ..."!:OTAL PROPERTY AREA = 10681 SQ, FT, TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 29,5 % !11/.1 by. Led Nord. Minne'1lota License No. 22033 DENOTES POSSIBLE 12 FOOT BY 32 FOOT FUTURE PORCH. OAK 50 ~ , roUND IRON LEGEND '" PO't\'ER POLE POLE ANCHOR to TELEPHONE BOX OVERHEAD WIRES GAS METER FENCE IE ELECTRIC MElER - TIMBER WALL 'STONE WALL I I \ I I I I ~~. .g;~ ~~ ~ii! x ~,~,c; " DENOTES EXISTING GROUND ELEVATION @ DENOTES PROPOSED GROUND ELEVATION _DENOTES PROPOSED DRAINAGE FLOW LOT 11 PROPOSED HARD COVER AREAS: 2106 SQ, FT. 687 SQ, FT. 2793 SQ. FT, 8544 SQ, FT. PROPOSED BUILDING PROPOSED DRIVEWAY - - TOTAL HARD COVER AREA = TOTAL PROPERTY AREA TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 32,7 % HARD COVER AREAS WEST OF THE PROPERTY LINE TO THE 904 CONTOUR AREA OF BUILDING AREA OF RIP-RAP TOTAL HARD COVER AREA = TOTAL PROPERTY AREA - -- ~- - TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 175 SQ. FT. 180 SQ, FT. 355 SQ, FT, 2137 SQ. FT. 17 % JONBOY2C December 4, 2002 Mr. Patrick Lynch Dept. of Natural Resources Waters Division 1200 Warner Road St. Paul, MN 55106-6793 RE: Case File No.: 02-110, 16308 Patk Avenue (Lot 11, Lakeside Patk), Mark Danes Variance for the construction of a single family dwelling on a riparian lot Dear Mr. Lynch: This letter is to inform you that on November 25, 2002, the Planning Conunission approved a 6.3 foot variance from the 13.6 foot setback required when a building wall exceeds 50 feet for the construction of a single family dwelling on 16308 Patk Avenue, subject to the following conditions: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Fonn, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The driveway shall be a minimum of 10 feet in width. 4. Impervious surface shall not exceed 30 percent. 5. Gutters shall be installed on the north and south elevations of the dwelling. 6. A revised cenmcate of survey shall be submitted as part of the building pennit application. Also, the 7.3 foot variance from the 65.2 foot shoreland setback and 2.6 foot variance from the 15 foot side yard separation allowed on adjacent nonconforming lots requested by the applicant were both denied by the Planning Commission. Should you have any questions concerning this variance, please feel free to contact me at (952) 447-9813. Sincerely, -~~~ Cynthia R Kircho~CP . U Planner .. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER December 4, 2002 Muk Danes 1100 Butterfly Lane Jordan, MN 55352 RE: Case File No.: 02-113, Variances for the construction of a single family dwelling Dear Mr. Danes: TIlls letter is to officially inform you that on November 25, 2002, the Planning Commission approved a 6.3 foot variance from the 13.6 foot setback required when a building wall exceeds 50 feet for the construction of a single family dwelling, subject to the following conditions: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building pennit. 2. The building pennit is subject to all other applicable city, county, and state agency regulations. 3. The driveway shall be a minimum of 10 feet in width. 4. Impervious surface shall not exceed 30 percent. 5. Gutters shall be installed on the north and south elevations of the dwelling. 6. A revised certificate of survey shall be submitted as part of the building pennit application. Enclosed is a certified copy of the original Resolution approving the aforementioned variance to be recorded at Scott County and a copy for your records. I have also enclosed a copy of the resolution denying the variances from the shoreland and side yard separation setbacks for your records. Additionally, the enclosed Assent Form must be signed by you and the property owners and returned to the Planning Department prior to the issuance of any required pennits. Should you have any questions regarding this letter, please feel free to contact me at (952) 447-9813. Sincerely, -fft{lJX~ Cynthia R Kirchof~CP Planner Enclosures 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER November 20,2002 Mark Danes 1100 Butterfly Lane Jordan, MN 55352 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the November 25,2002, Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie CarCson Connie Carlson Planning Dept. Secretary Enclosure j;\d~ptvtork\blal1kfrm\JDe~t1tr .doc 16200 Eagle Creek Ave. S.t... Prior Lake. Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1i\yP,~~ ~,,~ ~NEV ~overnber26,2002 Anthony Stamson Planning Commission Chair 16095 Wren Court SE Prior Lake, 1vfN 55372 Dear Mr. Stamson: Enclosed please find Variance Resolutions 02-017PC and 02-018PC for Mark Danes, 16308 Park Avenue, and Resolution 02-020PC for Layton and Marge Kinney, 14458 Shady Beach Trial ~E, as adopted by the Planning Commission on ~ovember 26, 2002. Please review and sign the Resolutions and return it in the enclosed self-addressed stamped envelope. Should you have any questions, please feel free to contact me at (952) 447-9813. Thank you. Happy Thanksgiving! Sincerely, ~.~ /1:':/ c< -~ (;~/~.)' --<:-~I ,~,- .,~ l. I~~ Cynthia . Kirchoff, AICP Planner Enclosures . 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER October 23, 2002 Mark Danes Danes Construction 1100 Butterfly Lane Jordan, MN 55352 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the October 28, 2002, Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 7:00 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie CarCson Connie Carlson Planning Dept. Secretary Enclosure I :\deptwork\blankfrm\meetltr.doc 16200 Eagle Creek Ave. S,E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER October 9, 2002 Mark Danes 1100 Butterfly Lane Jordan, MN 55352 RE: Variances for the construction of a single family dwelling, 16308 Lakeside Avenue (Lot 11, Lakeside Park) Dear Mr. Danes: The City of Prior Lake has determined that all of the necessary information for the above referenced application has been received. This letter serves as your official notification that your application is now complete. The City will now begin formal review. At this time, your application for variances is scheduled for the Monday, October 28, 2002, Planning Commission meeting. You or your representative must attend this meeting. The City review process can be substantially less than 120 days, and we intend to progress in a timely manner that provides a complete and professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. This letter also serves as your official notice that the City is extending the 60-day deadline for an additional 60 days from December 6, 2002, to February 4, 2003. If you have questions relative to the review process or related issues, please feel free to contact me at (952) 447-9813. Sincerely, CRj'>T'~--'iJ~OHfY Cynthia R. Kirchoff, AICP Planner 16200 Eagle Creek Ave, S.L Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER October 2, 2002 Mark Danes 1100 Butterfly Lane Jordan, MN 55352 RE: Variances for the construction of a single family dwelling, 16308 Lakeside Avenue (Lot 11, Lakeside Park) Dear Mr. Danes: On September 30, 2002, the City of Prior Lake received the above referenced application. Upon review, staff has noted that the following information is necessary to make your application complete: 1. A written description of variances requested, including perceived hardship. Once we have received the above information, we will process your application and schedule this item for a public hearing at a future Planning Commission meeting. Should you have any questions, please feel free to contact me at (952) 447-9813. Sincerely, 0n~~ri~ Cynthia R. KirchofMa Planner 16200 Eagle Creek Ave, S,E., Prior Lake. Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER o L ,.-\{- 1(1 q I C:;- CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST DISTRIBUTE TO: -- - Frank Boyles + Bud Osmundson Sue Walsh + Sue McDermott Ralph Teschner Chris Esser Bob Hutchins Don Rye Jane Kansier I PROJECT NAME: APPLICANT: CONTACT PERSON: OWNER PID#: LOCATION: EXISTING ZONING: COMPREHENSIVE PLAN: I PROJECT REQUEST: - + + + + + DNR - Pat Lynch County Hwy. Dept. MNDOT SMDC Mediacom Cable DANES VARIANCE (Case File #02-110) The applicant is requesting a variance from the average shoreland setback, a variance from the minimum 15 foot side yard setback separation between buildings on adjacent nonconforming lots, and a variance from the side yard setback required when a building wall exceeds 50 feet in length for the construction of a single family dwelling. Mark Danes Mark Danes (612) 490-5062 Dave and Sheryl Colucci SITE INFORMATION 25-096-007 -0 16308 Lakeside Avenue R-S/SD R-L1MD I Review and comment on variance application. APPLICATION FOR: II Administrative Land Division Comprehensive Plan Amend. I Conditional Use Permit II Home Occupation I Rezoning Site Plan Preliminary Plat PUD Final Plat + Variance Vacation Fire Chief Bill O'Rourke Minnegasco Watershed Dist. Telephone Co. Electric Co. Met. Council 1:\02fi1es\02variances\02-110\referral.doc Page 1 I have reviewed the attached proposed request (Danes Variance) for the following: Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control -= -= Recommendation: Comments: Signed: City Code Storm Water Flood Plain Natural Features Electric Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code Approval Denial Conditional Approval Date: Please return any comments by Thursdav. October 17. 2002, to Cynthia Kirchoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9813 Fax: (952) 447-4245 e-mail: ckirchoff@cityofpriorlake.com 1:\02files\02variances\02-110\referral.doc Page 2 FfJ{@ ~ Ll ~ b,;, , . , 1:)\.:1 ,552 i 0 \>tN'i+ ~~ ~\,^a-, I have rev,ewed t~~~t>OAjo""e"ooY ,~~uei' (Danes Vananee) for the following: Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control "-111 - City Code Storm Water Flood Plain . Natural Features Electric Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code II I =--1 ~ . .--. i S--rruc;h.(~ X ~nial Conditional Approval \ (66 ~~ ~ V~OV/IVSJ h--e- .5//cl ~,' L~ Recommendation: Approval Comments: /-fp~ -In I'h~+- ~JC ?~<J2 less ~ ;:"C;" -tZ> a'/~cU~ &f C7 r ~A~~ s'uc...L... -fI~ no ~ .--i\ or cL- \J...) ~\A. ~ r ~orl' ~. <;;;f~c... .fJii) ~er-h~ -As <,ilfR ~ (/ ~~~. Signed: Ip~::,~ ~~Date: 10/'0/0'2 l)J(L ~~/F b5/-,7Jrf1/7 Please return any comments by Thursdav. October 17. 2002, to Cynthia Kirchoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9813 Fax: (952) 447-4245 e-mail: ckirchoff@cityofpriorlake.com 1:\02files\02variances\02-110\referral.doc Page 2 I have reviewed the attached proposed request (Danes Variance) for the following: Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control City Code Storm Water Flood Plain Natural Features Electric Gas Other Recommendation: Approval Denial Comments: Grading Signs County Road Access Legal Issues Roads/Access Building Code Conditional Approval · ~ ~ ('ILM .{JL rna;::- ~ =1-' d~ . ...I~f'f'A.kL~ t\.4.I d- . { ~~Jz. , 71JJvJ.Ur..LAJ . .~ .I(l~ dlU1irl~ .A.tAP~;,./ 7 Signed: ~ Date: loLd;/6c. I , Please return any comments by Thursdav. October 17. 2002, to Cynthia Kirchoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9813 Fax: (952) 447-4245 e-mail: ckirchoff@cityofpriorlake.com 1:\02fi1es\02variances\02-110\referral.doc Page 2 A "' N ........ . 925.6", . 925.1 DECK \ S89034'29"W 176.00 '. ~,/ / " !. / / / / / / / / / / / / / /.l/'i HOUSE NOTES: 1. The orientation of this bearing system is based on the north line of Lot 11 which is assumed to have a bearing of North 89 degrees 19 minutes 31 seconds East. 2. The area of the property described hereon is 8,544 square feet. 3. No title work was furnished for the preparation of this survey to verify the existence of any easements or encumbrances. 4. According to the City of Prior Lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side = 5 feet O.H.W. = 75 feet (ordinary high water) 5. This survey does not purport to show hardcover areas of which scale to 3 feet or less in width and/or diameter. z"'l o~ .;; Zz 6~ "-e:: x 3G50 DENOTES EXISTING GROUND ELEVATION ~ DENOTES PROPOSED GROUND ELEVATION ........ DENOTES PROPOSED DRAINAGE FLOW LOT 11 PROPOSED HARD COVER AREAS: PROPOSED BUILDING = 2106 SQ. FT. PROPOSED DRIVEWAY = 687 SQ. FT. TOTAL HARD COVER AREA = 2793 SQ. FT. TOTAL PROPERTY AREA = 8544 SQ. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 32.7 % HARD COVER AREAS WEST OF THE PROPERTY LINE TO THE 904 CONTOUR AREA OF BUILDING = 175 SQ. FT. AREA OF RIP-RAP = 180 SQ. FT. TOTAL HARD COVER AREA = 355 SQ. FT. TOTAL PROPERTY AREA = 2137 SQ. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 17 % SCALE 1- = 20 / / / / DAVID COLUCCI .. ,,/ // SURVEY FOR: PROPERTY ADDRESS: 16308 Park Avenue South, Prior Lake, Minnesota. LEGAL DESCRIPTION: Lot 11. LAKESIDE PARK. according to the recorded plat thereof and situate in Scott County, Minnesota. CERTlFICA TION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. Dated this 27th day of July, 2001. Revised this 21 st day of August, 2001. Revised to show proposed house this 11 th day of May. 2002. Revised to show trees & grades this 4th day of September. 2002. Revised to show future porch this 16th day of September, 2002. Revised to building location this 26th day of September, 2002. \'[\1.; i-\J'..i(,... TOTAL PROPOSED HARD COVER AREAS: (COMBINING LOT 11 AND WEST AREA) AREA OF BUILDINGS = 2281 SQ. FT. AREA OF DRIVEWAY = 687 SQ. FT. AREA OF RIP-RAP = 180 SQ. FT. TOTAL HARD COVER AREA = 3148 SQ. FT. TOTAL PROPERTY AREA = 10681 SQ. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS.29.5 % SEP 3 0 by. t:rllJ Le' Nord, Minne~ota license ..J ~ '-,-'-- No. 22033 . /'\ .)<;~ ~<~ '/'<.. / / ... /x '</'< .' / : 'x '._.x> --'---'-' DENOTES POSSIBLE 12 FOOT BY 32 FOOT FUTURE PORCH. OAK 50 LEGEND 'tl, POWER POLE POLE ANCHOR ISI TELEPHONE BOX OVERHEAD WIRES !,i GAS METER FENCE EEl ELECTRIC METER - TIMBER WALL ( . . . 'STONE WALL JONBOY2C llEARl~G ~O'l'lCES " - L:\TEMPLA TE\FILEINFO.DOC NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, October 28,2002, at 6:30 p.m. or as soon thereafter as possible. REQUESTS: The applicant is requesting a variance from the average shoreland setback, a variance from the minimum 15 foot side yard setback separation, and a variance from the side yard setback required when a building wall exceeds 50 feet in length for the construction of a single family dwelling. APPLICANT: Mark Danes SUBJECT SITE: 16308 Lakeside Avenue, Prior Lake, MN, legally described as Lot 11, Lakeside Park, Scott County, Minnesota. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447- 9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 8th day of October 2002. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be published in the Prior Lake American on October 12, 2002. L: \02FILES\02variances \02-110\Public Hearing N otice.doc NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, October 28, 2002, at 6:30 p.m. or as soon thereafter as possible. REQUESTS: The applicant is requesting a variance from the average shoreland setback, a variance from the minimum 15 foot side yard setback separation between buildings on adjacent nonconforming lots, and a variance from the side yard setback required when a building wall exceeds 50 feet in length for the construction of a single family dwelling. APPLICANT: Mark Danes (Danes Construction) OWNER: David and Sheryl Colucci SUBJECT SITE: 16308 Park Avenue, Prior Lake, MN, legally described as Lot 11, Lakeside Park, Scott County, Minnesota. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447- 9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 14th day of October 2002. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be mailed to property owners within 350 feet of the subject site on October 17, 2002. L: \02FILES\02variances \02-110\Mail N otice.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ------------- 55.. ---~~_-_-_-_-_-21i~ --~::~ .... I NORTH DECK SCALE ," - l" ~ / PLEASANT ST \ ~ I L__J~, 1 rr-r'l ~" DAK 50 ... F"OUND IRON ---/ .. '"' ',:"-' ~ ""f ",' , -- ~ \ -- .r->--.,-J;.t.C llJR(- .;:'f~'~ __,'" . ):>" : ~\~ ~~~ PROP is b J;>~IVE;Y /, / J,q ~~ (,< ~~, r' 5 . 1,.~",.. .1 ' (t _ - ~ GARAGE 4 ~ .' "0 -f',/.-~ .. o:OS, ~ ~ / ~ .,; ~ : /' ''!'Ic ,!"~ ~ ~~~G~7.j ~I\ Ifl /lrENeE 'CCRS,'" "OR'" & ~ Y~7.'o/ . V /;, ...-- " -OC-F=-"s:: C'o: ~71' ! 588 -:'-~-:--:=-'---" - ........ F"ENCE ONILNE-- ~1:-~L:----1-. '1;1) ': - \ I 11 ..--- '92461~--t-Q121.MAPlE.- - .--=--- --~':":?--..(~~. ~~ 1 , ,) ,JI ,,'. ,_ ,_.L. , . . . \ f '-4 "..- J FOUND IRON":- i ~":"' \ 589 3429 W 176.00:. .' I, ;..:. 8/'U. ~ RLS "0.1018:>-' ff \\ i , !- '!, :t(/"'a ------"we.II"Au....J;O i 'l>/~i .. _"'____________y_S'7IOl?i------------ II 1 ~i "<It", :~: NOlE' y I 1 ~i 'THE RElATIONSHIP BETWEEN PROPOSED flOOR NOTES: I \ \.Sj ELEVATIONS TO BE VERIFIED BY BUILDER. 1. The orientation of this bearing system Is based on the north \ i : TOP OF' BLOCK - 926.9 II f L t 11 wh. h . d t h b' f N th : GARAGE FLOOR - 926.5 ne 0 0 IC IS assume 0 ave a eanng 0 or i I BASEMENT flOOR _ 919.7 89 degrees 19 minutes 31 seconds East. I i 2. The area of the property described hereon is 8.544 square feet. I : I I ., ~~'!?, ~~ 00 ~~ ~ii! HOUSE N o on . HOUSE 3. No title work was furnished for the preparation of this survey to verify the existence of any easements or encumbrances. 4. According to the City of Prior Lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side = 5 feet O.H.W.= 75 feet (ordinary high water) 5. This survey does not purport to show hardcover areas of which scale to 3 feet or less in width and/or diameter. TOTAL PROPOSED HARD COVER AREAS: (COMBINING LOT 11 AND WEST AREA) AREA OF BUILDINGS = 2281 SO. n AREA OF DRIVEWAY = 687 SO. FT. AREA OF RIP-RAP = 180 SO, n TOTAL HARD COVER AREA = 3148 SO. FT. I TOTAL PROPERTY AR~ = '10681 SO. n TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 29,5 % , rouNO IRON LEGEND " POWER POLE POLE ANCHOR .. lELEPHONE BOX -OVERHEAD WIRES GAS METER FENCE EB ELECTRIC METER . TIMBER WALL c. . . 'STONE WALL J( ~," DENOTES EXISTING GROUND ELEVATION ~ DENOTES PROPOSED GROUND ELEVATION DENOTES PROPOSED DRAINAGE FLOW LOT 11 PROPOSED HARD COVER AREAS: PROPOSED BUILDING PROPOSED DRIVEWA Y TOTAL HARD COvER AREA = TOTAL PROPERTY AREA FT. FT. FT. FT, 2106 SO, 687 SO. 2793 SO. 8544 SO. TOTAL PERCENTAGE OF HARD COVER ON TI-iE PROPERTY IS 32.7 % HARD COVER AREAS WEST OF THE PROPERTY LINE TO THE 904 CONTOUR AREA OF BUILDING = 175 SO FT, AREA OF RIP-RAP = 180 SO. FT. - - ---.- --.~._..- TOTAL HARD COVER AREA = 355 SQ. FT. TOTAL PROPERTY AREA = 2137 SO, FT. - - - - TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 17 % JONBOY2C AFFIDAVIT OF SERVICE BY MAIL COUNTY OF seOTI ) )ss STATE OF MINNESOTA) ~ ~the City of Prior Lake,,(oAlll!Y. of Scott, State of Minnesota, being duly sworn, says on the -Lli!!day of U;ftJI/4<}OO}, she seryed th~ ~}cAh~d ]i~t..of persons to have an interest in the ~-1J.LA /~~ -1L1.V~ ~ , by mailing to ffiem a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of , 2002. NOTARY PUBLIC L;\DEPTWORKIBLANKFRM\MAILAFFD.OOC =>roperty Ovvners wt ,in 350 feet of Danes/Co ucci Variance ~ 1 r' , \ rf : 'I :;;1 -m ~ ,~, I I! --- ..--- 500 , o 500 Feet , ~ N :lroperty Ovvners within 350 feet of Danes/Colucci Variance -- A\ ~ 'I L ti;,\ ~ :11 rl '~-,~ > ~jM<~ II~ ~ ~E[ : I -~ =--- ~ q-- ~ I I~ - '1// -'-------- -i ~I <( AA4NEST !j ., I I ~ -- I r; c;(j[(jfi.;Q.5Sr--L---- T / ===~T----I--~-~~~-- r ___'J~' I II - ---------_______ I ~ ~.. . _ _ l------ P'C~ "'I II ~~~~ iT~-,J--- ,/ I \ CATES~ ~~ UJZUiill I ,I ~ I . . ~:!!~SSTSE - I \ , <I t-=- I CATES ST SE CATESST'SE : i'! I (\ I .' H~ GRJEN HEIG~ S TRL SW \ I ~ ~~'~.'--, ~ rrP~: ~W / Cj ii ~"""""--" I ~I ! ~ =3 OJrnrnrnrn~ ~ _.~/ . /!!1,j \ _ \ _rCREEKSIDECIR DC] ;- \ i 0 - I ) ~ / ~ j "., \ ~ '---J ,. ! 'I '- " ~A~ /\\ I IT-~ I 500 I o 500 Feet , 6. N \.:::/ PIIIOII INCI l '; \ "I " ., .. . .. tf -~iEi~---- . . . . . . _IT. ..".....". --........1---G.Ui1E.t:__ .. . I " .. N 1/2 SEe 02 T 114~ 21 . 21 .. . I~n~ 111t ! '" !:! . , .. .. . .. i.. .. -~--'-t- -- . . , " .., I.'. '" .. 0.0' .~l" 0130 01:0 ... I' '~i40' I.OJ~ - -. Parcel Half-Section ' Scott County, Minnesota II.. or _~ 0 · . . . . I ;!' J:'l (r:: ,.. a,' 0 ~~o --- \ R.LS. 58 . . - -1 15 l' l""." " .r",.l ... 251020740 . .,. .. .. .. 1Il1AS< ~ .~.."........ . '" . ll2aO I OJJO ,J 0,J.t0 102. 0310 ,\ \ '. j . (I .1'\ A ., :I Cl2IO, - . ~ ;. ~ erma,,:':: ! 0300 -'. It:' _ i 0140 ......:;l~ 0150 '. ,0: p.. OleO -, \ I A ~CREEJ( ~ I A I f.l\' r '~\ x: 1~':";h!7'W H. f. I_I '-' m:E... ,--, . I. I :--.:: . " . . . , W"HS~ .. .. .. . .. . It . --------r..-. t ST MICHAELS ADD'N . .. .. I .. . . , . _ :~.O: 'Of" ~~ "" ~ j! " i,~ i ~: I 'l :: o~ .., 8:,18 ~l . .. .. - - ~ Sl.~ R ~ooj S,.. <1i. ~ ~ ,<> 1330 __wc:....-. 251021320 3.13 A Z5IlI21ZlIO ~("\ , r .?.:. ... ."* .. Z5IClZ1ztO , 'f Z5IlI21Z1O ~13'O . .,11 A ~L, KENNETH & LORRAINE LILL YBLAD 16287 LAKESIDE AVE SE PRIOR LAKE MN 55372 KEITH A BRANDT 4080 PLEASANT ST PRIORLAKEMN 55372 MARLENE K FITZGERALD 4092 PLEASANT ST SE PRIORLAKEMN 55372 DENISE MCBRIDE 4091 COLORADO ST SE PRIOR LAKE MN 55372 PATRICK M & CAROL J O'HARA 16374 PARK AVE SE PRIOR LAKE MN 55372 WILLIAM J & LAURIE J CRIEGO 16350 PARK AVE SE PRIOR LAKE MN 55372 KATHLEEN BOSCOE 16340 PARK. AVE SE PRIOR LAKE MN 55372 KEVIN P & LORI A RYAN 2470 BRIDGEVIEW CT MENDOTAHEIGHTS MN 55120 KIM J ROBSON 16322 PARK AVE SE PRIOR LAKE MN 55372 BRUCE R & Kt:<T T J M LIND 16316 PARK AVE SE PRIOR LAKE MN 55372 JOHN PHILLIP BEAUPRE 16290 PARK. AVE SE PRIOR LAKE MN 55372 ELMER W CLARKE 16280 PARK AVE SE PRIORLAKEMN 55372 ROBERT D & ANDHRA R LEHRER 16292 LAKESIDE AVE PRIOR LAKE MN 55372 GARY & LINDA J MCMILLAN 16276 LAKESIDE AVE SE PRIOR LAKE MN 55372-2493 EXHiBff.J+ .P-.l,OF 'J PAGE.S CHARLES W CLARKE 16280 PARK AVEE PRIOR LAKE MN 55372 LANDICE D WILSON 16252 LAKESIDE AVE S PRIOR LAKE MN 55372 EMILY E AMBERG 16349 PARK AVE S E PRIOR LAKE MN 55372 THERESAMDUNN 4067 PLEASANT AVE PRIOR LAKE MN 55372 CHARLENE HATFIELD 16308 LAKESIDE AVE PRIOR LAKE MN 55372 DAVID L & JANE K LAPORTE 16264 LAKESIDE AVE SE PRIOR LAKE MN 55372 FRANK J & ANNE P DIXON 16347 PARK AVE PRIOR LAKE MN 55372 ROBERT F PREUSSLER 16367 PARK AVE SE PRIORLAKEMN 55372 WILLIAM J & DENISE ESCHENBACH 4065 PLEASANT ST SE PRIOR LAKE MN 55372 EXHiBIT--fl.PAGE rlOFJ. Pl~!:.:--, NEW ABSTRACTS CONTlNU.ATIONS . ..)SING,SERVICE ! REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE. MINNESOTA 55379 DAVID E. MOONEN Phone: (952) 445-6246 Fax: (952) 445-0229 August 13,2002 Danes Construction 1100 Butterfly Lane Jordan, MN 55352 Attn: Mark Danes To Whom it May Concern: According to the 2002 tax. records in the Scott County Treasurer's Office, the following persons listed on Exhibit ")(' are the owners of the property which lies within 350 feet of the following described property: Lot 11, Lakeside Park, Prior Lake, Scott County, Minnesota. I~II---- David E. Moonen President Scott County Abstract & Title, Inc. MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY -. KENNETH & LORRAINE TIT -'L YBLAD 16287 LAKESIDE AVE SE PRIOR LAKE MN 55372 KEITH A BRANDT 4080 PLEASANT ST PRIOR LAKE MN 55372 MARLENE K FITZGERALD 4092 PLEASANT ST SE PRIOR LAKE MN 55372 DENISE MCBRIDE 4091 COLORADO ST SE PRIOR LAKE MN 55372 PATRICK M & CAROL J O'HARA 16374 PARK AVE SE PRIOR LAKE MN 55372 WILLIAM J & LAURIE J CRIEGO 16350 PARK AVE SE PRIOR LAKE MN 55372 KATHLEEN BOSCOE 16340PARKAVESE PRIORLAKEMN 55372 KEVIN P & LORI A RYAN 2470 BRIDGEVIEW CT MENDOTAHEIGHTS MN 55120 KIM J ROBSON 16322 PARK AVE SE PRIOR LAKE MN 55372 BRUCE R & KELLI M LIND 16316 PARK AVE SE PRIOR LAKE MN 55372 JOHN PHll...LIP BEAUPRE 16290 PARK AVE SE PRIOR LAKE MN 55372 ELMER W CLARKE 16280 PARK AVE SE PRIOR LAKE MN 55372 ROBERT D & ANDHRA R LEHRER 16292 LAKESIDE AVE PRIOR LAKE MN 55372 GARY & LINDA J MCMILLAN 16276 LAKESIDE A VB SE PRIOR LAKE MN 55372-2493 EYJiIBrr.j+ .PAGE I OF -J ,ACf:.S . . CHARLES W CLARKE 16280 PARK AVE E PRIORLAKEMN 55372 LANDICE D WILSON 16252 LAKESIDE AVE S PRIORLAKEMN 55372 EMILY E AMBERG 16349 PARK AVE S E PRIOR LAKE MN 55372 THERESAMDUNN 4067 PLEASANT AVE PRIOR LAKE MN 55372 CHARLENE BAa rnLD 16308 LAKESIDE AVE PRIOR LAKE MN 55372 DAVID L & JANE K LAPORTE 16264 LAKESIDE AVE SE PRIOR LAKE MN 55372 FRANK J & ANNE P DIXON 16347 PARK AVE PRIOR LAKE MN 55372 ROBERT F PREUSSLER 16367 PARK AVE SE PRIOR LAKE MN 55372 WILLIAM J & DENISE ESCHENBACH 4065 PLEASANT ST SE PRIOR LAKE MN 55372 EXHIBITa--fl. PAGE rlOF'J. Pl' ~l~) PID SHSRTN SHHOUS SHSTRE SHCITY S SHZI HOUSGS STREGS SIT A PRPLA T PR PRB LEGAL1 250960110 LAPORTE,DAVID L & JANE K 16264 LAKESIDE AVE SE PRIOR LAKE M 55372 16264 LAKESIDE AV S PLAT-25096 LAKESIDE PARK 21 & LOT 22 & P/O LOT 19 LYING NE OF LINE COM 27.35' N'ERL Y OF MOST S COR, NW TO PT 25.02' NE OF W COR & THERE 250960093 MCMILLAN,GARY & LINDA J 16276 LAKESIDE AVE SE PRIOR LAKE M 55372 16276 LAKESIDE AV S PLAT-25096 LAKESIDE PARK 20 TERMINATING. & P/O LOT 19 LYING NE OF LINE COM 27.35' N'ERL Y OF MOST S COR, NW TO PT 25.02' NE OF W COR & THERE 250960093 MCMILLAN,GARY & LINDA J 16276 LAKESIDE AVE SE PRIOR LAKE M 55372 16276 LAKESIDE AV S PLAT-25096 LAKESIDE PARK 20 TERMINATING. & P/O 19 LYING SW OF LINE COM 27.35' N'ERL Y OF S'ERL Y COR, NW TO PT 25.02' NE OF WERL Y COR & THERE 250960091 LEHRER,ROBERT D & ANDHRA R 16292 LAKESIDE AVE PRIOR LAKE M 55372 16292 LAKESIDE AV S PLAT-25096 LAKESIDE PARK 18 TERMINATING. & P/O 19 LYING SW OF LINE COM 27.35' N'ERL Y OF S'ERL Y COR, NW TO PT 25.02' NE OF WERL Y COR & THERE 250960091 LEHRER,ROBERT D & ANDHRA R 16292 LAKESIDE AVE PRIOR LAKE M 55372 16292 LAKESIDE AV S PLAT-25096 LAKESIDE PARK 18 TERMINATING. 253200020 HATFIELD,CHARLENE 16308 LAKESIDE AV PRIOR LAKE M 55372 16308 LAKESIDE AV PLAT-25320 ELMER & RICHARD ADDN 2 250960090 CLARKE,ELMER W 16280 PARK AVE SE PRIOR LAKE M 55372 16280 PARK AV S PLAT-25096 LAKESIDE PARK 13 & LOT 16 250960090 CLARKE,ELMER W 16280 PARK AVE SE PRIOR LAKE M 55372 16280 PARK AV S PLAT-25096 LAKESIDE PARK 13 & LOT 16 250960090 CLARKE,ELMER W 16280 PARK AVE SE PRIOR LAKE M 55372 16280 PARK AV S PLAT-25096 LAKESIDE PARK 13 & LOT 16 250060210 MCBRIDE,DENISE 4091 COLORADO ST SE PRIOR LAKE M 55372 4091 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 17 2 250960090 CLARKE,ELMER W 16280 PARK AVE SE PRIOR LAKE M 55372 16280 PARK AV S PLAT-25096 LAKESIDE PARK 13 & LOT 16 253200010 CLARKE,ELMER W 16280 PARK AVE SE PRIOR LAKE M 55372 0 PLAT-25320 ELMER & RICHARD ADDN 1 250960090 CLARKE,ELMER W 16280 PARK AVE SE PRIOR LAKE M 55372 16280 PARK AV S PLAT-25096 LAKESIDE PARK 13 & LOT 16 250060190 L1LL YBLAD,KENNETH & LORRAINE 16287 LAKESIDE AV SE PRIOR LAKE M 55372 16287 LAKESIDE AV S PLAT-25006 LAKESIDE GARDENS 15 2 & LOT 16 & N 8' OF 12 - 14 250960080 BEAUPRE,JOHN PHILLIP 16290 PARK AVE SE PRIOR LAKE M 55372 16290 PARK AV S PLAT.25096 LAKESIDE PARK 12 250960080 BEAUPRE,JOHN PHILLIP 16290 PARK AVE SE PRIOR LAKE M 55372 16290 PARK AV S PLAT-25096 LAKESIDE PARK 12 250060190 L1LLYBLAD,KENNETH & LORRAINE 16287 LAKESIDE AV SE PRIOR LAKE M 55372 16287 LAKESIDE AV S PLAT-25006 LAKESIDE GARDENS 15 2 & LOT 16 & N 8' OF 12 - 14 250960070 COLUCCI,DAVID A & SHERYL M 15608 BRYANT AVE S BURNSVILLE M 55306 16308 PARK AV S PLAT.25096 LAKESIDE PARK 11 L.- I'" 250960070 COLUCCI,DAVID A & SHERYL M 15608 BRYANT AVE S BURNSVILLE M 55306 16308 PARK AV S PLAT-25096 LAKESIDE PARK 11 250060190 L1LLYBLAD,KENNETH & LORRAINE 16287 LAKESIDE AV SE PRIOR LAKE M 55372 16287 LAKESIDE AV S PLAT-25006 LAKESIDE GARDENS 15 2 & LOT 16 & N 8' OF 12 - 14 250060190 L1LLYBLAD,KENNETH & LORRAINE 16287 LAKESIDE AV SE PRIOR LAKE M 55372 16287 LAKESIDE AV S PLAT.25006 LAKESIDE GARDENS 15 2 & LOT 16 & N 8' OF 12 - 14 250960060 L1ND,BRUCE R & KELLI M 16316 PARK AVE SE PRIOR LAKE M 55372 16316 PARK AV S PLAT-25096 LAKESIDE PARK 10 250960060 L1ND,BRUCE R & KELLI M 16316 PARK AVE SE PRIOR LAKE M 55372 16316 PARK AV S PLAT.25096 LAKESIDE PARK 10 250960050 ROBSON,KIM J 16322 PARK AVE SE PRIOR LAKE M 55372 16322 PARK AV S PLAT-25096 LAKESIDE PARK 9 250960050 ROBSON, KIM J 16322 PARK AVE SE PRIOR LAKE M 55372 16322 PARK AV S PLAT-25096 LAKESIDE PARK 9 250960040 RYAN,KEVIN P & LORI A 2470 BRIDGEVIEW CT MENDOTA HEIGHTS M 55120 16330 PARK AV PLAT-25096 LAKESIDE PARK 8 250960040 RYAN,KEVIN P & LORI A 2470 BRIDGEVIEW CT MENDOTA HEIGHTS M 55120 16330 PARK AV PLAT-25096 LAKESIDE PARK 8 250960030 CRIEGO,WILLlAM J & LAURIE J 16350 PARK AV SE PRIOR LAKE M 55372 16350 PARK AV S PLAT-25096 LAKESIDE PARK 5 & LOT 6 -- PRIOR LAKE 16350 PARK AV S PLAT-25096 LAKESIDE PARK & LOT 6 250960030 CRIEGO,WILLlAM J & LAURIE J 16350 PARK AV SE M 55372 5 LYING N OF LINE COM ON ELINE 51.93' N OF SE COR, W TO PT ONW LINE 43,02' 252220010 DIXON,FRANK J & ANNE P 16347 PARK AVE PRIOR LAKE M 55372 16347 PARK AV is PLAT-25222 LAKESIDE ESTATES 4TH ADDN N OF SW COR & THERE TERMINATING. v//fl/L4/J;le- kflt-~ v' dJ!/If? PID SHSRTN SHHOUS SHSTRE SHCITY S SHZI HOUSGS STREGS STT A PRPLA T PR PRB LEGAL 1 - 252770010 DUNN.THERESA M 4067 PLEASANT AV PRIOR LAKE M 55372 4067 PLEASANT ST S PLAT-25277 RLS # 141 TC A 252770020 ESCHENBACH.WILLlAM J & DENIS 4065 PLEASANT ST SE PRIOR LAKE M 55372 4065 PLEASANT ST S PLAT-25277 RLS # 141 TC B 250960030 CRIEGO,WILLlAM J & LAURIE J 16350 PARK AV SE PRIOR LAKE M 55372 16350 PARK AV S PLAT-25096 LAKESIDE PARK 5 & LOT 6 250960030 CRIEGO,WILLlAM J & LAURIE J 16350 PARKAV SE PRIOR LAKE M 55372 16350 PARK AV S PLAT-25096 LAKESIDE PARK 5 & LOT 6 LYING S OF LINE COM ON ELINE 51.93' N OF SE COR, W TO PT ONW LINE 43.02' 252220011 AMBERG,EMIL Y E 16349 PARK AVE S E PRIOR LAKE M 55372 16349 PARK AV S PLAT-25222 LAKESIDE ESTATES 4TH ADDN 1 1 N OF SW COR & THERE TERMINATING. 250960030 CRIEGO,WILLlAM J & LAURIE J 16350 PARKAV SE PRIOR LAKE M 55372 16350 PARK AV S PLAT-25096 LAKESIDE PARK 5 & LOT 6 250960030 CRIEGO,WILLlAM J & LAURIE J 16350 PARK AV SE PRIOR LAKE M 55372 16350 PARK AV S PLAT-25096 LAKESIDE PARK 5 & LOT 6 252220020 PREUSSLER,ROBERT F 16367 PARKAV SE PRIOR LAKE M 55372 16367 PARK AV S PLAT-25222 LAKESIDE ESTATES 4TH ADDN 2 1 250960020 O'HARA.PATRICK M & CAROL J 16374 PARK AVE SE PRIOR LAKE M 55372 16374 PARK AV S PLAT-25096 LAKESIDE PARK 3&4 250960020 O'HARA,PATRICK M & CAROL J 16374 PARK AVE SE PRIOR LAKE M 55372 16374 PARK AV S PLAT-25096 LAKESIDE PARK 3&4 NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 DAVID E. MOONEN Phone: (952) 445-6246 Fax: (952) 445-0229 SEP 3 0 tOOl August 13,2002 'I, ;J L L-__ I ! Danes Construction 1100 Butterfly Lane Jordan, MN 55352 Attn: Mark Danes To Whom it May Concern: According to the 2002 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "N' are the owners of the property which lies within 350 feet of the following described property: Lot 11, Lakeside Park, Prior Lake, Scott County, Minnesota. If}{f(l;.- David E. Moonen President ----- Scott County Abstract & Title, Inc. MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY ~..\~ lOt.. rD l(0J 10 10(2;1) DCLNXJ J ~/~~QU L~LQ~~ ,. V ~nO-11 QQ - S ( M &-z. <.t)[Q./Zl - ~ l)) \7 f CO-")!r Q- f Gig"0 Y7U\ CJ.-r\ CQ - \ I QJJ\-A--t-h ~ l(O~4-() (00 -oo~~ \ ~0q' ~ VfJJL eLf!~ - /~. 'l1.~ Lot Id-". lLPoe( 0 . . 1l11<+- V CLh Lln ty - 4--l &-t. 'j~ LOt C1 LDt \(Q~~:L LCc~ ( C{ 0'J - L}--o-n CLft Q....Q - ({ Il.-LOU-- <J Cl/ZZ 1(~01 - 4./S U3-Ctl /)~ ~'zY-- ~ I.S' ~:U= ~ ~ Mfl~ 10~qb PLLV~ ^~ J c \ cr~ - Let cL te-cc fie I id--L ctL t---~ ~ ()~ IlIl '2:>0f 6 f:J (Lr L Au-e- ~ Ct C( 8 -- (j} t {)JCQ:-( t eUl C l+h j I 0 (/).Ltu. ~3( Original surveys and drawings .. L:\TEMPLA TE\FILEINFO.DOc ---llllu'r I ...)1 I J/'....J r--::l , .....-' ~ a o I 1- . . I' I ,.-' ", ..... .... - " r I J.... / -'. ..' , , - I I I :l I I / / ( . /1 / . ... 'I . . . , . r, , ". . ~" .-' ".J Rj --=. -I . I I . \Y~ IL<......\~ ~^ ". .-- . . 1 <1 \J ~ .t. \~ t.rl .. i ~ ~ {/ - ~~91lJ ~',- ~t l ~ L-- - t J--:Jr Q ~ H'~ ~ I ~ ,I ,I II " I . 11,(, I I, ,II' II III 1 i j" I,' II11 'III' I " " I I . I . I . 1'1 I , ,I ,I ':' I , , ,I ,I I' " " I, ','!, 'I " I, '! I " " . '1 I 1 I . I I 1 ' I , ' 1,' " " 1, 'I' I ,I,' " " 'I]' ", I " '~ " " " " · J. · · I I' 1, I. , II I' i" , I 1,1, "j" " " " I. I, " 'I " " I, " ~ I ~'I I .11111'1.1. , II II ,', ,I I I ,I " " I I , " 'I 'I I, " " 'I 'I " " " " l. I I '. " I. h h '. ' · 1 II, I' I' I" " I , ,',' " 'I' ',' ',', "I" " "]"] "'. . 'II II , , ,J. · ,I I' ,I "I , , I I ,',' " " " I. "~I " " " " ',I" ~ 1. I j I, I I I ' 1 ,. I I ~ I. I' ,I ,I I I! ,~ " " 'I " ',", 'I I, "]" ~' ~ ,4~ f I,' ~ , ,I. , I I " I, I, I -.. I R <0 II 1 4 11~I,t ' I ,I Ij Pl' , . . . In ql R <0 I - f I, I I, [D'--'-= D '--' L-..I n 101 , BF1 IR f:::~ 'A --~,~FOUND IRON ~ ________ ISI x ~ ~ - EXISTING 1 ST FLOOR '.w~ ________ . ~ 3 , I El[V,-925,95 ________ -wlr.:.. \ ~ I ~ ~t. .. ... I "~2.4.0 W1R_ ''''''''':: .0'1" "" / ~ I -------b1 G 921 9 ~ / 924 WMAPLE ~ --------- k ~':s...v c5 / '-vJ ~ 9251~ ~----------l 923 / / C!. PROPOSED 3 n. WAL!<G J Q - I ~K A IX> / ~ ~ -11n 0 (f) I . )1i~7 // ~Y/ ~ '"'J 0 ~. i::l (, '" \; ! :-v~~h;/~~~./ PRO~O~[fu X92~~'IV.~ ,;6\ 3.~ ~ ~'-,\ GARAGE:/JIX> 92405 I . '-/"2 \ ~';',o :: ~: / N - nib /V^' \Ur-'-"" ~ I , ~v" ' ........ ~ I ~ .', I 1f,c1.......~ I l'.l.~'.t:~;;:;~~ ~ W \ l (FENCE COR IS 01 NORTH "& ~ i/ :: :: FENCE 1.-'''' '~ \" 0 2 WEST OF_ ~f2.0!~~T! _Ll.Nf+ ~ / '_~~_ ---. ----- 58.8 ---- \], EB ELECTRIC METER FENCE aNI LINE 925 ~ x 926 3 I: ..........c x 9246 I \ _ -- ~ / \ - , ,( .~~9'MAf:'.~ .. (.. .. 927 ,1"'m926 82! . TlMBER WALL -~----~------ ...c\ .Q::' \ .....~ 9257 ~ --/IOf 0 \ . . . . 'STONE WALL S89034'29"W 176.00 '. 1. X. FOUND IRON / ,I' '% i i " / / / / / / '" SIlt. RLS NO,10183-' ~1l8' "" ......'1' ~ / ~ vA.{llyou . Tit.iBER WAll. . I d \ \ t' ~ i , Ii) / Ii) S --------1 ' /~I / / / / / / / / / / / / / / ____________ 57.1D~------ I : /--- '1'/ltJ 'I, HOUSE . CW4 \ I NOTE: /~- }- I \ ~! lHE RELA TlONSHIP BETWEEN PROPOSED FLOOR I : UJ ~! ELEVATlONS TO BE VERIFIED BY BUILDER. \ Q::' ~I \ r! TOP OF BLOCK = 926.9 I \ GARAGE FLOOR = 926.5 I \ I BASEMENT FLOOR = 919.7 I! x 805.0 DENOTES EXISTING GROUND ELEVATION I "l .5~ 0::0 -6 .......... ~z =>UJ 0--, "-0:: , FOUND 'RON $ ov~ ,,"':> {y"" <.. .$ ,f,o,..'t #,~'''~ ~-Jl~~' HOUSE N I'l / o 0 / _I,:////////////? '1/ /922_0 ~ If " / I /', \" i 'r / / / / / .< ~ ,- --- - - ------ ---- 59.1 ----------- --- --1 - /\,.. __ I ---'. LEGEND '0. POWER POLE POLE ANCHOR ISI TELEPHONE BOX ~ OVERHEAD WIRES GAS METER NORTH A ~ \ x 925.6 I x 925.1 / / SCALE 1" = 20 //// NOTES: 1. The orientation of this bearing system is based on the north line of Lot 11 which is assumed to have a bearing of North 89 degrees 19 minutes 31 seconds East. 2. The area of the property described hereon is 8,544 square feet. 3. No title work was furnished for the preparation of this survey to verify the existence of any easements or encumbrances. / DA VIO COLUCCI / / ~ DENOTES PROPOSED GROUND ELEVATION SURVEY FOR: PROPERTY ADDRESS: 16308 Park Avenue South, Prior Lake, Minnesota. LEGAL DESCRIPllON: Lot 11, LAKESIDE PARK, according to the recorded plat thereof and situate in Scott County, Minnesota. DENOTES PROPOSED DRAINAGE FLOW 4. According to the City of Prior Lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side = 5 feet O.H. W. = 75 feet (ordinary high water) 5. This survey does not purport to show hardcover areas of which st;,Q!.e-to .3 feet or less in width and/or diameter. _ . ..~ r""T '-"'0 n r::.:! . ........ 1 ir:' I '.=; i I Y, ' '. I \,:~ l~:_~ _::,.;~~.~~~___ ': ! LOT 11 PROPOSED HARD COVER AREAS: PROPOSED BUILDING = PROPOSED DRIVEWAY = TOTAL HARD COVER AREA = TOTAL PROPERTY AREA = TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 32.7 % HARD COVER AREAS WEST OF THE PROPERTY LINE TO THE 904 CONTOUR CERllFICA TlON: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. Dated this 27th day of July, 2001. Revised this 21 st day of August, 2001. Revised to show proposed house this 11 th day of May, 2002. Revised to show trees & grades this 4th day of September, 2002. Revised to show future porch this 16th day of September, 2002. Revised to building location this 26th day of September, 2002. by. t :(11~ LeJ Nord, Minne'1ota License >,.., :~', I', i'l : '. \~; i \ ( ,: '. \ I ' \ I \ \ L'U i ! I i: J8I1 TOTAL PROPOSED HARD COVER AREAS: (COMBINING LOT 11 AND WEST AREA) AREA OF BUILDINGS = 2281 SQ. FT. AREA OF DRIVEWAY = 687 SQ. FT. AREA OF RIP-RAP = 180 SQ. FT. TOTAL HARD COVER AREA = 3148 SQ. FT. TOTAL PROPERTY AREA = 10681 SQ. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 29.5 % _31_ AREA OF BUILDING = AREA OF RIP-RAP = TOTAL HARD COVER AREA = TOTAL PROPERTY AREA = TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS No. 22033 ~ '\r X;< ~ DENOTES POSSIBLE 12 FOOT BY 32 FOOT FUTURE PORCH. OAK 50 2106 SQ. FT. 687 SQ. FT. 2793 SQ. FT. 8544 SQ. FT. 175 SQ, FT. 180 SQ. FT. --" 355 SQ. FT. 2137 SQ. FT. 17 % JONBOY2C I :3 / _____~ / HOUSE ~ 1,/ UU 59.1 ...------- I ~ ? · / --. _u--- __ I FOU'" ~"" / .. / / / / .. '''y--- ",", DECK / '/' / / / / 1 m . / / / / A '.m 0 . , ,,/ ,/ r' y · 0'/ . "Z' . ------------ 76.4 -----9-2-1-0.-----1 Imo "" . ----....167.0 /'. ~ _________ -'E ~\ 0 WIRE ---..---. . · 1"E · '<--.c _ _', , -------- 55.4 -------------..-, i N89"193 · -:.:; l,"j'0'"0R / ------ . "', / "'- ~ "m ' ... ,." " ., - ,. , NO 1ST FLOOR ~ , R/:ftD IRPtv / 12'MAPI;-EQ"...J.} "14"ASH ~-~TI_925.95 N .~ ,,,W.APLE ______ ",,- ~ ! · 0.10183 ~- ~: '-"'-"~"'-'..J .'. e #'::} '''-'-' _ ,^ , .... 0 on ,. ~ · · V' , ./~ "". -.......~ G,,, 9 / nON I 2" - , 0 O. ~~, . ., ... -~ . "" · ~ - .' ,. '" 0 3 FT. WAU<., J ~ ~ '" (, \i. , (",-------- --------,- ~ / / 46 ~q, PROPOSE ~ ~~ ~ ~ NOD ! 7.g;.------'11...:..____~~/.... A IX> / ,0>1 /. ~ 3. L. I 9 , ',9 . , , . ,/ v" . _, ' · . , -- - / /16.00 4 " "" '2. ~ : I 92~.7 --', 2. I N 2 / OPOC: DRIVE , , . ~<Oo ..., ~ I i,!9 "J:. ~"~ ^ , U . 6,'8 ~ / , , S 6/ /(~~~ PR 92405-fb . "06 b v0'c-", \..~ ~ 1 ! ~ . '.. T B "pMOOVEsDE~j : - - ~ / //AWGE ' ~ ~ A ",'1/ -1;- \ ~l . , "" GAR" ;:;, (0 1 NORTH & ~ / / f"! . ~ \ FENCE :OROFI~ROPERTY _Ll.Nf+ ~ I / / ....",: .,yJ)'. 02 WbT _______ \ ' ,~ 17~.~'!- ---r:---- '':2~;-u 0 - m<m-': "'" ]! ~STONE WALL X/:' ~'x ~/::), FENCE aNI LINE 925 B '). \ \" '.:___'.:. "" ,'" ! /:: 6 I (' ""2'1\ MAP E., ___ ",j g. , ,. . '" \..,.. "' .-- " '" , " \ - - . n5", Foo,", ~ON ','k, ~ "'! " RLS NO,101B3-' lco I "i:! ~' . . 0 I Q/' S/.,.,. ' . BERWAll I I 'to ,,:~! 'VAI/Na - "". -- u - - - - 'i ....! . ROPOSEO FLOOR US... n - I! ~l ~~RaA l1ONSH: ~=~ :YBUlLDER. \ ~i ELEVATIONS TO _ 926.9 I ! J# \.Sl TOP OF BLOCK -: 926.5 \ f i GARAGE FLOOR : 919.7 I \ BASEMENT FLOOR _ 'I I ! aUND ELEVAllON I i x 305,0 DENOTES EXISTING GR I '" zen 0- I ~~ .........: .00 Zz ::lUJ 0-, "-0:: s> $'~ l","':' !v _<Y "- ~ .v:o'V #~'.f OJ cf 'i'~~' DECK / /, / / NOTES: 1. The orientation of this bearing system is based on the north line of Lot 11 which is assumed to have a bearing of North 89 degrees 19 minutes 31 seconds East. 2. The area of the property described hereon is 8,544 square feet. 3. No title work was furnished for the preparation of this survey to verify the existence of any easements or encumbrances. SCALE 1" = 20 ///// / DAVID COLUCCI / / SURVEY FOR: PROPERTY ADDRESS: LEGAL DESCRIPTION: Lot 11, LAKESIDE PARK, according to the recorded thereof and situate in Scott County, Minnesota. .,/ // 16308 Park Avenue South, Prior Lake, Minnesota. plat 4. According to the City of Prior Lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side = 5 feet O.H.W. = 75 feet (ordinary high water) 5. This survey does not purport to show hardcover areas of which scale to 3 feet or less in width and/or diameter. CERTlFICA TION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. Dated this 27th day of July, 2001. Revised this 21 st day of August, 2001. Revised to show proposed house this 11 th day of May, 2002. Revised to show trees & grades this 4th day of September, 2002. Revised to show future porch this 16th day of September, 2002. Revised to building location this 26th day of September, 2002. SEP 3 0 aIl2 TOTAL PROPOSED HARD COVER AREAS: (COMBINING LOT 11 AND WEST AREA) AREA OF BUILDINGS = 2281 SQ. FT. AREA OF DRIVEWAY = 687 SQ. FT. AREA OF RIP-RAP = 180 SQ. FT. TOTAL HARD COVER AREA = 3148 SQ. FT. TOTAL PROPERTY AREA = 10681 SQ. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 29.5 % by. t :rllul Lei Nord, Minne~ota License ; :J I. "_ No. 22033 SB ~ " /" / ~ DENOTES POSSIBLE 12 FOOT BY 32 FOOT FUTURE PORCH. DAK 50 , rOUND 'RON LEGEND Q POWER POLE POLE ANCHOR ISI TELEPHONE BOX IiJ OVERHEAD WIRES GAS METER " :: FENCE EE ELECTRIC METER .TlMBER WALL ~ DENOTES PROPOSED GROUND ELEVATION 'DENOTES PROPOSED DRAINAGE FLOW LOT 11 PROPOSED HARD COVER AREAS: 2106 SQ. 687 SQ. 2793 SQ. 8544 SQ. FT. FT. FT. FT. PROPOSED BUILDING = PROPOSED DRIVEWAY = TOTAL HARD COVER AREA = TOTAL PROPERTY AREA = TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 32.7 % HARD COVER AREAS WEST OF THE PROPERTY LINE TO THE 904 CONTOUR AREA OF BUILDING = 175 SQ, FT. AREA OF RIP-RAP = 180 SQ. FT. TOTAL HARD COVER AREA = 355 SQ. FT. TOTAL PROPERTY AREA = 2137 SQ. FT. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 17 % JONBOY2C I 3' ---------1 """" · 1 ~ ,m' .' 'u'" ~_ ' " " " ,'r .:-; _,'; uU'" "': ': . ~ . ~ - - - I".. . ~ . ~ ^. .." ..." . 1,./ / " t:.::." , 00' / _'" , .~ ,,,,. . . "" ; '_-1.'7, '", ..... ,,~ _ : ''Z. / . , - N8,,931', ~ ______" ''---.,'" . 9191 :: 9~"~'~APl,(~ I~ ~'SH ..EXlS~2~S.~n.00II_ .~-'-- ''''~~APLf ~ -;;;-- ~ i . . I .....'" I D..EV. ~ '""":;; '"""" III , ~~'" . .. - 0 . ; 0 .m, . __ .0."" ;, , ~" ,..-" ":'~'" . .. ~.- ~" ,i ~-... d." . if" ",' 0 . --.u"" .u",,_ -"t1 3. l-'" , . -- 51 ~..~,. '0"." ".."... "',,,,, I _. ,..... : .~,~ ~eO M ~l "'~/I \UI,,'r+'~: "t'",. ",. ~! "\... ~' n .~ 01 ~~0~'~'N~_ ~1 - -- -- -r -'OP _ __ \ ' .:- ~ ,. :_C__-L ~:~ :.::-~---.--=-_~ ".' _ ! .~ 0- I I. ,... __ 'C',; ~ "... ,: tJt> L'NE '<c- . .. .T l~ , "N~E, ""\,;:02g"'APlE ---:-::--.r, '\ : . 9." - '''--." . :1 - rOUNOOI~~J"..' ~ 114. N: RLS N. -~6' ~! : .f. ~"" L ----"'!-u !' [:;i! "..""" "-"'" - - · . - - " "'"''''''ku m UU l! :o<:i :':1"""-,,,,,,,,,. ~.,g " "'''DD<. _'umu.mu '~'" '! ~"'''n~' m" .. ,,,.. J ;~ ~i TOP OF BL~ _ 926.5 : : GARAGE FL FLOOR _ 919,7 \ BASEMENT il NO ELEVATION 1 . _,_ DENOTES EXISTING GROU Ill:h. I .. 1/" ~ . 9252. rDlCt ON WAll. 4CHC UHE I r DECK SCALE t' - 20 ,/ / ./ / SURVEY FOR: DAVID COLUCCI PROPERTY ADDRESS: 16308 Park Avenue South, Prior Lake, Minnesota. LEGAL DESCRIPTION: Lot 11, LAKESIDE PARK, according to the recorded plot thereof and situate in Scott County, Minnesota. CERTlFlCA TlON: I hereby certify that this survey was prepared by me or under my direct supervision and that I om 0 duly licensed Land Surveyor under the lows of the State of Minnesota. Doted this 27th day of July. 2001. Revised this 21st day of August, 2001, Revised ta show proposed house this 11th day of May. 2002. Revised to show trees & grades this 4th day of September, 2002. Revised to show future porch this 16th day of September, 2002. Revised to building location this 26th day of September, 2002. If :(11.1 by: Lee Nord, Minn~ota License No. 22033 , ? .' .( >< DENOTES POSSIBLE 12 FOOT BY 32 FOOT FUTURE PORCH. "'ll." DAK 50 ~I \. .9150 , .9::5.1 - S89034'29'W 176.00 \. l';." ~ / / .. tIS ,. . , " , .' " ? HOUSE NOTES: 1. The orientation of this bearing system is based on the north line of Lot 11 which Is assumed to hove 0 bearing of North 89 degrees 19 minutes 31 seconds East. 2. The area of the property described hereon is 8,544 square feet. 3. No title work was furnished for the preparation of this survey to verify the e~istence of any easements or encumbrances. 4. According to the City of Prior Lake the property is zoned residential and has the following building setback requirements: Front = 25 feet Side = 5 feet O.H. W. = 75 feet (ordinary high water) 5. This survey does not purport to show hardcover areas of which scale to 3 feet or less in width and/or diameter. SEi' 3 0 ~r;:~ TOTAL PROPOSED HARD COVER AREAS: (COMBIN'NG LOT 11 AND 'MOST AREA) AREA OF BUILDINGS = 2281 SO, FT, AREA OF DRIVEWAY = 687 SO. FT. AREA OF RIP-RAP = 180 SO, FT. TOTAL HA~ COVER AREA = 3148 SO,~. TOTAL PROPERTY AREA = 10681 SO, FT. ,. TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 29,5 % , rOUND lRQPoI > W > cr-- :;) en LEGEND " PDYft:R POLE POLE ANCHOR " TELEPHONE BOX OVERHEAD WIRES GAS METER FENCE III ELECTRIC METER ---'TIlABER WALL --'--'--'--'STONE WALL ~5~ ~~ 00 a~ ~1i @) DENOTES PROPOSED GROUND ELEVATION DENOTES PROPOSED DRAINAGE FLOW LOT 11 PROPOSED HARD COVER AREAS: PROPOSED BUILDING PROPOSED DR'VEWAY TOTAL HARD COVER AREA = TOTAL PROPERTY AREA TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 32.7 % 2106 SO, 687 SO, 2793 SO, 8544 SO, FT, FT, FT, FT. HARD COVER AREAS WEST OF THE PROPERTY LINE TO THE 904 CONTOUR AREA OF BUILDING AREA OF RIP-RAP TOTAL HARD COVER AREA = TOTAL PROPERTY AREA - - TOTAL PERCENTAGE OF HARD COVER ON THE PROPERTY IS 175 SO, FT, 180 SO. FT, 355 SO, FT, 2137 SO, FT, 17 % JONBOY2C _ocation v1a) · ~or Janes/Co ucci Variance "--J = II ~oc 0,'_.-11 I (~_ _~ J[ 1< U m ~ '-'IKOT4ST I /J I'~ -~ ..---..---- ; I - Yfr"f/ ~ ~i ; +"1 r---c::~~~I:= COl~-' ==1_1__1 I . , COLQRJ ~ ~ I ,,",^,-,,:,:.IL [!~ ~;..:x~=l ~~ ~ ~~ ~= ~. \:'l\~'_ ~~~__=iT~- II II I~~ tl \ CJ C,II I I ~ I I, ~ "" rnJ1IIIlII!Il H iii / ; I CAreSSTSE ~ re;:: li011 I II I r I !'I gl~ ; CAr~SE I CATESSTSE I ~?\ ~ G~~~ STRLSW I i ~ ' rnrnrnrnrnp 1 - - ;>f;,,'~l' ~ ./' I ~ I \.' CReEKSlDECIR _---- Dw : I · -- -_/ i 0 ~ i I ) ~ 0\ / -~\ J -\t, --:\ /\ \ I rrl1"A -, ~\ \ -A N A 400 I o 400 Feet I