HomeMy WebLinkAbout02-123PC Karl Holm Variance
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Doc. No. A 578003
OFACE OF THE COUNTY RECORDER
SCUll COUNlY, MINNESOTA
Certified Filed and/or Recorded on
12-19-2002 at 03:46 Receipt:238062
Pat Boeckman, County Recorder 01
Fee: $20.00
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 02-021PC
A RESOLUTION APPROVING AN 11.4 FOOT VARIANCE FROM THE
REQUIRED 25 FOOT FRONT YARD SETBACK FOR THE
CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY DWELLING
#02-123 Holm Variance
f!Muu1
Connie Carlson
City of Prior Lake
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Dated this 4th day of December, 2002.
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RESOLUTION 02-021PC
A RESOLUTION APPROVING AN 11.4 FOOT VARIANCE FROM THE
REQUIRED 25 FOOT FRONT YARD SETBACK FOR THE
CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Karl Holm has applied for an 11.4 foot variance from the 25 foot front yard
setback for the construction of an addition to an existing single family dwelling
on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay)
at the following location, to wit;
3201 Spruce Trail SW, Prior Lake, MN, legally described as follows:
Lot 8, Block 6, Sunset Hills Addition, Scott County, Minnesota.
25 I '7 Z. Cyg; '1 ()
2. The Board of Adjustment has reviewed the application for a variance as
contained in Case #02-123PC and held a hearing thereon on November 25,
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. Exceptional topographic conditions result in peculiar and practical difficulties
in expanding the living space of the existing single family dwelling.
5. Site topography and the 37 foot boulevard abutting the west property line,
resulting in a 50 foot separation between the addition and the roadway edge,
create conditions that are peculiar to the subject property.
6.
Relief from the zoning ordinance is necessary for the preservation and
enjoyment of the property owner's right to develop and use the land, because
expansion of the living space is not feasible in another location on the property
due to the topography.
-
1: \02files \02variances\02-123 \approval 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
7. The zoning ordinance allows relief to be granted from the ordinance whereby
exceptional conditions of the property create peculiar difficulties for the
property owner, so the variance is consistent with the purpose of the ordinance.
8. Due to the site's unique topography and large boulevard depth, the granting of
the variance will not serve as a convenience to the property owner, but is
necessary to mitigate peculiar conditions.
9. The alleged hardship results from application of the 25 foot front yard setback
from Sunset Trail and the topography of the property, not from the actions of
the property owner.
10. The contents of Planning Case #02-123PC are hereby entered imo 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 for the construction of an addition to an existing single family
dwelling as shown in Attachment 1 - Certificate of Survey:
1) An 11.4 foot variance from the required 25 foot front yard setback to
allow a 13.6 foot setback from Sunset Trail. (Zoning Ordinance
Section 1102.405 (3) Dimensional Standards.)
The following conditions shall be complied with prior to the issuance of a building
permit for the construction of the living space addition 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.
Adopted by the Board of Adjustment on December 9, 200r.
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A~thony J. Stamson, Commission Chair
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onald R. RY: ~~m~mity Development Director
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Planning Commission Meeting
November 25. 2002
Ringstad:
. Agreed with Atwood. Cannot support.
. Would like to see some consistency with the current housing in the Deerfield
project. This is not consistent.
. Did not like the only current access would be the private road.
. There are several apartment units and high density townhomes that have been
recently approved by the Planning Commission and City Council.
. Cannot support the Amendment.
Criego:
. The current property is zoned R2, as well as the surrounding area.
. See no reason to take 4 acres out of the area and make it High Density.
. Believes R2 is the correct zoning. No need to change to High Density.
. Does not support.
Lemke:
. Agreed with Criego.
Stamson:
. Agreed with Staff's assessment. This is premature for this piece of property.
. Too much of this area is undeveloped and still up in the air to warrant saying
either way it would work. It is unknown how the rest of the area is going to
develop. It is too early to decide on the zoning.
. Deny the request.
MOTION BY ATWOOD, SECOND BY CRIEGO, RECOMMENDING DENIAL OF
THE COMPREHENSNE PLAN AMENDMENT TO THE R-HD DESIGNATION.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will before the City Council on December 16, 2002.
B. Case #02-123 Karl Holm is requesting a variance from the 25 foot front yard
setback for the construction of an addition to a single family dwelling located at
3201 Spruce Trail SW.
Planner Cynthia Kirchoffpresented the Planning Report dated November 25,2002, on
file in the office of the City Planning Department.
Karl Holm is requesting a variance from the zoning ordinance for the construction of a
living space addition to an existing single family dwelling on property zoned R-l (Low
Density Residential) and SD (Shoreland Overlay District) and located at 3201 Spruce
Trail SE. In order to construct the proposed addition the following variance is required:
.
L:\02FILES\02planning comm\02pcminutes\MNI12502.doc 4
Planning Commission Meeting
November 25, 2002
An 11.4 foot variance from the required 25 foot front yard setback to allow a 13.6 foot
setbackfrom Sunset Trail (a side yard abutting a street).
The fact the applicant would like to construct an addition to a single family dwelling that
encroaches into a required minimum setback does not create a hardship. The addition is a
convenience. The applicant's perceived hardship is created by the design of the addition.
The proposed addition would expand the nonconformity ofthe front yard setback from
Sunset Trail. Therefore, staff does not support the variance request because the applicant
has not demonstrated a hardship.
Comments from the public:
Karl Holm, 3201 Spruce Trail, said the north side deck is at 24.7 feet to the property line
and is not in violation. The west side deck had been installed when they bought the home
and was not aware of the City's guidelines. He is under on impervious surface. Holm
addressed the 9 hardship criteria. His main concern was to increase the living space. He
felt it was impractical to add on to the back of the property because of the terrain and
drainage issues.
Criego questioned the speed limits on the streets and who maintains the boulevard right-
of-way. Holm said 35 and 30 mph and he maintains the right-of-way.
The hearing was closed.
Comments from the Commissioners:
Ringstad:
. It is a beautiful lot; unfortunately all the hardships are not met.
. Many families do outgrow their homes. Rather than variances, maybe relocation
will meet the applicant's needs.
. Will not support.
Criego:
. Originally felt the same as Ringstad, but in looking a little more at the layout and
listening to the applicant, can see a unique situation.
. First of all, the front yard should be 25 feet assuming a normal setback from a
street, there is a unique situation with this property. It is almost 50 feet to the
curb.
. Would agree ifit was a normal street with a normal setback. The applicant has
maintained the 37 feet of right-of-way.
. He can expand his home without interfering with the intent of the ordinance.
. There is a hardship because of the excessive setback on the west side; there are
drainage and elevations issues.
. Provide the request.
L:\02FILES\02planning comm\02pcminutes\MNI12502.doc 5
Planning Commission Meeting
November 25, 2002
Lemke:
. Questioned staff why the setback is 37 feet. Larry Poppler explained the right-of-
way width. Speculates Spring Lake annexed in early and the standards have
changed. This street is a little larger than local residential streets. It is a
Municipal State Aid Street and has more traffic than a typical residential street. It
is a shortcut from 170th to Highway 13.
. Appreciates Ringstad's feelings on the issue, but what was a reasonable usable
living space 30 years ago is not the case today.
. The addition will probably not even be seen from Sunset Trail because ofthe
change in elevation and trees.
. Agreed with Criego to grant the variance.
Atwood:
. Agreed this is a unique situation and does not undermine the intent ofthe
ordinance.
. There are some hardships due to the setback, uniqueness ofthe lot and large
setback.
. Support the variance.
Stamson:
. Deeply disappointed with the opinions of fellow Commissioners. They are
loosing the scope of what a variance is. The idea is to deal with situations where
a person has a proven hardship denying reasonable use oftheir property. The fact
that there is a large right-of-way is certainly unique, but doesn't in any way create
a hardship.
. It gives the applicant a larger yard than normal. There is no hardship. If that was
part of his yard, his property taxes would be higher.
. It doesn't create a hardship by the fact he doesn't own the property, he uses like it
IS.
. The idea behind the setbacks from the right-of-way is to allow the proper use and
development ofthe right-of-way itself. The fact is that the curb is 35 feet today is
not the issue. If that is the case, we would have written the ordinance to say "a
setback is this distance from the curb".
. The concern is the City's ability to utilize the right-of-way. It needs to be
protected.
. The lot is 12,000 square feet and not unreasonably narrow.
. The applicant can add to the back of his lot, he is not on a bluff, it is just a slope.
. There is clearly no hardship and will not support.
Open discussion:
Criego:
. Sadden by Stamson's disappointment in the Commissioners.
. Understands what Stamson suggests.
L:\02FILES\02planning comm\02pcminutes\MNI12502.doc 6
Planning Commission Meeting
November 25, 2002
. It is a small house and needs to be expanded. It could be expanded to the south
and would strongly recommend it. But the fact is the City has a 37 foot setback.
It used to be a County Road. This particular comer lot is unique.
. The intent of the ordinance was 25 feet plus some average from the curb. It is
hard to base an ordinance on averages because one could get hurt - it could be
larger than 15 feet. In this case the setback is much larger than the normal. For
that reason, we are asking the applicant to extend his house maybe not in the most
practical way.
. Go for the variance.
Stamson:
. The variance process is not a design review. It is there to allow flexibility in the
ordinance. It is to offset situations that create a distinct hardship. That is not what
is happening there.
. It is not fair to the balance of the City who is forced to live within the ordinance.
. The idea is not to have a setback to the curb.
. It is only a hardship because the applicant can't get what he wants. It is an
inconvenience. He can add on the back of his house.
. Drainage is an issue on the other side of the street.
. You can't create a hardship simply by denying someone an addition. The ability
to add on is not being denied.
. Based on the standards used in the past, is the denial of a family room addition a
limitation of unreasonable use?
. The addition of a family room is not a hardship.
. This is not a substandard 6,000 square foot lot, it is a large lot.
Atwood:
. Maybe the vacation of a right-of-way issue should be discussed.
. This is unique.
Stamson:
. Unique is not a hardship. The issue is space on the applicant's lot. It is fairly
large.
. Generally when the Commissioners look at variances, the lots are 6,000 square
feet and 50 feet wide. There is more than buildable space on this property. It is a
standard lot.
Lemke:
. The topography limits the building pad because of the drainage. More grading
would have to be done.
Stamson:
. Premium lots are sold like his and made into a walkout. Drainage is a matter of
grading.
. Convenience is not part of the hardship criteria.
L:\02FILES\02planning comm\02pcminutes\MNI12502.doc 7
Planning Commission Meeting
November 25, 2002
Lemke:
· Questioned staff if they would vacate the right-of-way. Poppler said the City
would not be in favor of it - do not know how much future traffic would be on
this road. It is not a policy. More than one lot would have to be vacated.
· Agreed with Criego, that reasonable use of the property is warranted.
. It is not a site line issue.
MOTION BY CRIEGO, SECOND BY LEMKE, TO DIRECT STAFF TO PREPARE A
RESOLUTION WITH FINDINGS GRANTING THE VARIANCES REQUESTED.
Vote taken indicated ayes by Criego, Lemke and Atwood, nays by Stamson and Ringstad.
MOTION CARRIED.
C. Case #02-124 Layton and Marge Kinney are requesting a variance from the
75 foot average Shoreland setback for the construction of an addition to a single
family dwelling located at 14458 Shady Beach Trail NE.
Planner Cynthia Kirchoff presented the Planning Report dated November 25, 2002, on
file in the office of the City Planning Department.
Layton and Marge Kinney are requesting a variance from the 75 foot Shoreland setback
for the construction of a living space addition to an existing single family dwelling on
property zoned R-l (Low Density Residential) and SD (Shoreland Overlay District) and
located at 14458 Shady Beach Trail. The subject property is a riparian lot. A single
family dwelling, constructed in 1968, currently occupies the site. In order to construct
the proposed addition to the dwelling the following variance is required:
A 29 foot variancefrom the 75 foot Shore/and setback to allow a 46foot setbackfrom the
ordinary high water mark (OHWM) of Prior Lake.
The Department of Natural Resources (DNR) was noticed about the variance request and
commented if the addition were moved to the west side of the home, the Shoreland
setback would increase. Furthermore, if the applicant can successfully argue or
demonstrate a hardship, the DNR would not oppose a setback variance of some sort.
However, the DNR believes the proposed variance can be reduced.
"
The fact the applicant wants to construct an addition for dining room space does not
create a hardship. The addition is a convenience. Furthermore, the proposed addition
would expand the nonconformity of the Shoreland setback. Staff believed the Shoreland
setback variance was not warranted because the applicant has not demonstrated an undue
hardship and a reasonable use is currently present on the site.
Comments from the public:
Applicant Marge Kinney, 14458 Shady Beach Trail, her husband, Layton and Doug
Nelson the builder, were present. Kinney stated they would like to add a 3 season porch
.
L:\02FILES\02planning comm\02pcminutes\MNI12502.doc 8
PLANNING COMMISSION MINUTES
MONDAY, DECEMBER 9,2002
1. Call to Order:
Chairman Stamson called the December 9, 2002, Planning Commission meeting to order
at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Ringstad and
Stamson, Planning Coordinator Jane Kansier and Recording Secretary Connie Carlson.
2. Roll Call:
Atwood
Criego
Lemke
Ringstad
Stamson
Present
Present
Present
Present
Absent*
*Commissioner Stamson arrived at 6:36 p.m. and took over as Chair.
3. Approval of Minutes:
Change on Page 10 - Lemke's first comment. The Minutes from the November 25,
2002, Planning Commission meeting were approved with the change.
4. Consent:
A. Case #02-123 Karl Holm Variance Resolution
MOTION BY LEMKE, SECOND BY ATWOOD, TO APPROVE RESOLUTION 02-
021PC APPROVING AN 11.4 FOOT VARIANCE FROM THE REQUIRED 25 FOOT
FRONT YARD SETBACK FOR THE CONSTRUCTION OF AN ADDITION TO A
SINGLE F AMIL Y DWELLING.
Ayes by Lemke, Atwood, Criego, nay by Ringstad. MOTION CARRIED.
5. Public Hearings:
Commissioner Criego read the Public Hearing Statement and opened the meeting.
A. Case #02-133 Consider an Amendment to the Comprehensive Plan Map for
the Spring Lake Regional Park Property located in Section 4, Spring Lake
Township.
Planning Coordinator Jane Kansier presented the Planning Report dated December 9,
2002, on file in the office of the City Planning Department.
L:\02FILES\02planning comm\02pcminutes\MNI20902.doc 1
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Scott County Customer Service
(952) 496-8150
# 238062 19-DEC-2002
CUSTOMER
HOLM,KARL
A Filing
Abstract
Total for Fee
FILE NUMBER OR NAME:
RESOLUTION 02-021 PC
Receipt Total
Check
Payment Total
Change
1@
20.00ea
20.00
20,00
20.00
2000
0,00
"
ASSENT OF APPLICANT
File # 02-123PC
As Approved by Resolution # 02-021PC
The undersigned hereby assents to the following:
I. 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.
11 08 .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 Doon 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\02-123\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 su:;h Variance.
4. I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of said
Resolution. I understand and agree upon notice of non-compliance with any term or
condition, I shall immediately cease conducting activities pursuant to the notice or
will take all actions necessary to accomplish full compliance with said notice and
conditions of the Resolution.
/9- ~ t)..J..
DATE
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SIGNATURE OF APPLICANT
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SIGNATURE OF OWNER
3201 SPRUCE TRAIL SW. PRIOR LAKE. MN
ADDRESS OF PROPERTY
L:\02FILES\02variances\02-123\Assent Form.DOC 2
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 02-021PC
A RESOLUTION APPROVING AN 11.4 FOOT VARIANCE FROM THE
REQUIRED 25 FOOT FRONT YARD SETBACK FOR THE
CONSTRUCTION OF AN ADDITION TO A SINGLE F AMIL Y DWELLING
#02-123 Holm Variance
i!tJJuM; &~tln
Connie Carlson /
City of Prior Lake /
Dated this 4th day of December, 2002.
(City Seal)
I: Ideptworklblankfnnltruecopy .doc
RESOLUTION 02-021PC
A RESOLUTION APPROVING AN 11.4 FOOT VARIANCE FROM THE
REQUIRED 25 FOOT FRONT YARD SETBACK FOR THE
CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Karl Holm has applied for an 11.4 foot variance from the 25 foot front yard
setback for the construction of an addition to an existing single family dwelling
on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay)
at the following location, to wit;
3201 Spruce Trail SW, Prior Lake, MN, legally described as follows:
Lot 8, Block 6, Sunset Hills Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for a variance as
contained in Case #02-123PC and held a hearing thereon on November 25,
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. Exceptional topographic conditions result in peculiar and practical difficulties
in expanding the living space of the existing single family dwelling.
5. Site topography and the 37 foot boulevard abutting the west property line,
resulting in a 50 foot separation between the addition and the roadway edge,
create conditions that are peculiar to the subject property.
6. Relief from the zoning ordinance is necessary for the preservation and
enjoyment of the property owner's right to develop and use the land, because
expansion of the living space is not feasible in another location on the property
due to the topography.
1: \02files \02variances \02-123 \approval 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
7. The zoning ordinance allows relief to be granted from the ordinance whereby
exceptional conditions of the property create peculiar difficulties for the
property owner, so the variance is consistent with the purpose of the ordinance.
8. Due to the site's unique topography and large boulevard depth, the granting of
the variance will not serve as a convenience to the property owner, but is
necessary to mitigate peculiar conditions.
9. The alleged hardship results from application of the 25 foot front yard setback
from Sunset Trail and the topography of the property, not from the actions of
the property owner.
10. The contents of Planning Case #02-123PC 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 for the construction of an addition to an existing single family
dwelling as shown in Attachment 1 - Certificate of Survey:
1) An 11.4 foot variance from the required 25 foot front yard setback to
allow a 13.6 foot setback from Sunset Trail. (Zoning Ordinance
Section 1102.405 (3) Dimensional Standards.)
The following conditions shall be complied with prior to the issuance of a building
permit for the construction of the living space addition 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.
Adopted by the Board of Adjustment on December 9,2001-.
4JJ {2 j
Anf.hony J. Stamson, Commission Chair
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1: \02files \02variances \02-123 \approval resolution.doc
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SURVEY PREPARED FOR:
KARL HOLM
3201 SPRUCE TRAIL SE
PRIOR LAKE, MN. 55372
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SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL .OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
!E~EPHONE (6/.') 447 - 2570
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PROPOSED ADDITION
DESCRIPTION:
Lot 8, Block 6, SUNSET HILLS ADDITION, Scott County, Minnesota. Also
showing the location of visible improvements and encroachments on to or off from
said property ifany, as of this 4th day of October, 2002.
NOTES: Benclunark Elevation 930.86 Top of the existing garage slab.
FEET
o Oenot.. 1/2 inch JC 14 inch iron
"""'u....nt I.t and mcrt.d by
Lie.n.. No. 10183
. Deno',. iron ",onum.nt found
. Olnot.. P. K. Noil ..,
929.1 Denotes existing grade elevation
x
(930.0) Denotes proposed finished grade elevation
rcr: lli @ rn 0 ~ (1; tjl
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-. Denotes proposed direction of finished surface drainage
Match the proposed addition floor to existing.
60
I
. . ., he"br certjfy thot 'hi. survey was prepared
.....CoDtrBctor to verify buildmg dimeDsions prior to construction..... by m. 0' under my di,.", supervision ond Ihol
, om a duly licens<<l Land Surveyor und.,. 'h.
aw. of the Slat, of Minnesota.
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Oat. ~7_ """"-J' Lic.n.. No. 10183
ATTACHMENT 1
FILE No. 9!>92 BOOK 239 PAGE 30
~,t~
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December 16, 2002
Karl Holm
3201 Spruce Trail SW
Prior Lake, MN 55372
RE: Case File No.: 02-123, Variance for the construction of an addition
Dear Mr. Danes:
This letter is to officially inform you that on December 9, 2002, the pi;mn;ng Commission
approved an 11.4 foot variance from the 25 foot front yard setback for the construction of
an addition, 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.
2. The building permit is subject to all other applicable city, county, and state agency
regulations.
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. Additionally, the
enclosed Assent Form must be signed by you and returned to the Planning Department
prior to the issuance of any required permits.
Should you have any questions regarding this letter, please feel free to contact me at
(952) 447-9813.
Sincerely,
- ~ 't't ~. ,~:\
~'qn-1 ~-: . . 1(2) .! /
Cynthia R. Kirchoh,
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
December 10,2002
Anthony Stamson
Planning Commission Chair
16095 Wren Court SE
Prior Lake, MN 55372
Dear Mr. Stamson:
Enclosed please find Variance Resolution 02-021PC for Karl Holm, 3201 Spruce Trail SW,
as adopted by the Planning Commission on December 9, 2002. Please review and sign the
Resolution 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.
Sincerely,
L <}, +'::Il<': -efT' "~: -
Cynthia R. Kirchoff,'AICP (
Planner
Enclosure
.
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
Mr. Karl Holm
3201 Spruce Trail SW
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the December
9, 2002, Planning Commission meeting. 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
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
November 20, 2002
Karl Holm
3201 Spruce Trail SE
Prior Lake, MN 55372
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
I:\deptwork\blankfrm\meetltr.doc
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
October 25, 2002
Karl Holm
3201 Spruce Trail SW
Prior Lake, MN 55372
RE: Variance for an addition to an existing single family dwelling;
3201 Spruce Trail SW (Lot 8, Block 6, Sunset Hills Addition)
Case File No.: 02-124
Dear Mr. Holm:
On October 23, 2002, the City of Prior Lake received the above referenced development
review application. This letter serves as your official notification that all of the necessary
submittals have been received and the application is complete. At this time, your variance
application is scheduled for the Monday, November 25, 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 22,2002, to February 20,2003.
If you have questions relative to the review process or related issues, please feel free to
contact me at (952) 447-9813.
Sincerely,
C~L~ICfr7I~
Cynthia R. Kirchoff, 'Alcp
Planner
.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RKrIt 10 IwloJ-"
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
DISTRIBUTE TO:
Frank Boyles . Bud Osmundson
Sue Walsh . Sue McDermott
Ralph Teschner
Chris Esser
Bob Hutchins
I. Don Rye
I. Jane Kansier
1
I.
1
I
I PROJECT NAME:
APPLICANT:
CONTACT PERSON:
PID#:
I LOCATION:
I EXISTING ZONING:
I COMPREHENSIVE PLAN:
I
I PROJECT REQUEST:
I
I.
.
DNR - Pat Lynch
County Hwy. Dept.
MNDOT
SMDC
Mediacom Cable
HOLM VARIANCE (Case File #02-124)
The applicant is requesting a variance from the 25 foot front
yard setback for the construction of an addition to a single
family dwelling.
Karl Holm
Karl Holm
447-1778
SITE INFORMATION
25-172-087 -0
3201 Spruce Trail SW
R-S/SD
R-UMD
Review and comment on variance application.
APPLICATION FOR:
Administrative Land Division
Comprehensive Plan Amend.
Conditional Use Permit
Home Occupation
Rezoning
Site Plan
Preliminary Plat
PUD
Final Plat
. Variance
Vacation
Fire Chief
Bill O'Rourke
Minnegasco
Watershed Dist.
Telephone Co.
Electric Co.
Met. Council
_0.._' - L--
1 Date Received 10/23/02 Date Distributed 10/28/02 Date Due 10/17/02
I Complete Application 1 0/23/02 Date Distributed to 1 0/28/02 DRC Meeting NA
Date DRC
I Publication Date 11/16/02 Tentative PC Date 11/25/02 Tentative CC NA
Date
I 60 Day Revie~ Date 12/22/02 Review Extension 2/20/03
I :\02files\02variances\02-123\referral.doc
Page 1
I have reviewed the attached proposed request (Holm Variance} for the following:
Water
Sewer
Zoning
Parks
Assessment
Policy
Septic System
Erosion Control
City Code
Storm Water
Flood Plain
Natural Features
Electric
-I
Grading
Signs
County Road Access
Legal Issues
Roads/Access
Gas
Other
Building Code
Recommendation:
Denial
Conditional Approval
Comments:
Signed:
Approval
Date:
Please return any comments by Thursdav. November 13. 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
I :\02fi1es\02variances\02-123\referral.doc
Page 2
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
CASE FILE:
INTRODUCTION:
PLANNING REPORT
4A
CONSIDER A RESOLUTION APPROVING A
VARIANCE FROM THE 25 FOOT FRONT YARD
SETBACK FOR THE CONSTRUCTION OF AN
ADDITION
3201 SPRUCE TRAIL SE
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
YES X NO
DECEMBER 9, 2002
02-123
On November 25, 2002, the Planning Commission held a public hearing for a variance
from the 25 foot front yard setback for the construction of an addition to single family
dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay
District) and located at 3201 Spruce Trail SE (Lot 8, Block 6, Sunset Hills Addition).
The Planning Commission, by a vote of 3 to 2, directed staff to prepare a resolution
approving an 11.4 foot variance from the 25 foot front yard setback to allow a 13.6
foot setback from the property line abutting Sunset Trail for the construction of a 320
square foot (16 feet by 20 feet) living space addition to 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.
2. The building permit is subject to all other applicable city, county, and state agency
regulations.
The majority of the Planning Commissioners cited the uniqueness of the property,
specifically the topography and large boulevard abutting Sunset Trail, as the rationale
for granting relief from the required setback for the addition.
L:\02FILES\02variances\02-123\PC Report Consent 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 - Holm Variance
December 9, 2002
Page 2
The attached Resolution 02-021PC approves the following variance:
1. An 11.4 foot variance from the 25 foot front yard setback. (Zoning
Ordinance Section 1102.405 (3): Dimensional Standards).
RECOMMENDATION:
The attached Resolution 02-021PC is consistent with the Planning Commission's
direction for approval of a variance for the living space addition. The staff
recommends adoption of the Resolution.
ALTERNATIVES:
1. Approve the attached Resolution 02-021PC approving the 11.4 foot variance
because the Planning Commission finds a demonstrated difficulty under the
Zoning Ordinance criteria.
2. T able or continue discussion of the item for specific purpose.
ACTION REQUIRED:
Staff recommends Alternative #1.
A motion and second adopting Resolution 02-021PC approving an 11.4 foot variance
from the 25 foot front yard setback for the construction of an addition to a single
family dwelling.
ATTACHMENT:
1. Resolution 02-021PC
RESOLUTION 02-021PC
A RESOLUTION APPROVING AN 11.4 FOOT VARIANCE FROM THE
REQUIRED 25 FOOT FRONT YARD SETBACK FOR THE
CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Karl Holm has applied for an 11.4 foot variance from the 25 foot front yard
setback for the construction of an addition to an existing single family dwelling
on property zoned R-l (Low Density Residential) and SD (Shoreland Overlay)
at the following location, to wit;
3201 Spruce Trail SW, Prior Lake, MN, legally described as follows:
Lot 8, Block 6, Sunset Hills Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for a variance as
contained in Case #02-123PC and held a hearing thereon on November 25,
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. Exceptional topographic conditions result in peculiar and practical difficulties
in expanding the living space of the existing single family dwelling.
5. Site topography and the 37 foot boulevard abutting the west property line,
resulting in a 50 foot separation between the addition and the roadway edge,
create conditions that are peculiar to the subject property.
6. Relief from the zoning ordinance is necessary for the preservation and
enjoyment of the property owner's right to develop and use the land, because
expansion of the living space is not feasible in another location on the property
due to the topography.
1: \02files\02variances \02-123 \approval 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
7. The zoning ordinance allows relief to be granted from the ordinance whereby
exceptional conditions of the property create peculiar difficulties for the
property owner, so the variance is consistent with the purpose of the ordinance.
8. Due to the site's unique topography and large boulevard depth, the granting of
the variance will not serve as a convenience to the property owner, but is
necessary to mitigate peculiar conditions.
9. The alleged hardship results from application of the 25 foot front yard setback
from Sunset Trail and the topography of the property, not from the actions of
the property owner.
10. The contents of Planning Case #02-123PC 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 for the construction of an addition to an existing single family
dwelling as shown in Attachment 1 - Certificate of Survey:
1) An 11.4 foot variance from the required 25 foot front yard setback to
allow a 13.6 foot setback from Sunset Trail. (Zoning Ordinance
Section 1102.405 (3) Dimensional Standards.)
The following conditions shall be complied with prior to the issuance of a building
permit for the construction of the living space addition 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.
Adopted by the Board of Adjustment on December 9,2002.
Anthony J. Stamson, Commission Chair
ATTEST:
Donald R. Rye, Community Development Director
1: \02files \02variances \02-123 \approval resolution.doc
2
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
CASE FILE:
INTRODUCTION:
PLANNING REPORT
5B
CONSIDER A VARIANCE FROM THE 25 FOOT
FRONT YARD SETBACK FOR THE
CONSTRUCTION OF AN ADDITION TO A SINGLE
FAMILY DWELLING
3201 SPRUCE TRAIL SE
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO-N/A
NOVEMBER 25, 2002
02-123
Karl Holm is requesting a variance from the zoning ordinance for the construction of a
living space addition to an existing single family dwelling on property zoned R-l (Low
Density Residential) and SD (Shoreland Overlay District) and located at 3201 Spruce Trail
SE (Lot 8, Block 6, Sunset Hills Addition). The property is guided Urban Low/Mediwn
Density Residential in the 2020 Comprehensive Plan.
The site is a corner lot with street frontage on Spruce Trail and Sunset Trail. A single family
dwelling with a two-stall garage, constructed in 1987, currently occupies the site.
Topography ranges from 937 at the extreme southeast portion of the lot to 922.9 at the
northwest property corner. A retaining wall is located approximately 10 feet from the rear
of the dwelling to accommodate the topography change.
In order to construct the proposed addition shown on Attachment 3, the following variance
is required:
1. An 11.4 foot variance from the required 25 foot front yard setback to allow a
13.6 foot setback from Sunset Trail (a side yard abutting a street). (Section
1102.405 (3) 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 - Holm Variance
November 25, 2002
Page 2
BACKGROUND:
This property is part of Sunset Hills Addition, which was platted in 1979. The property is
approximately 12,600 square feet in area. The lot measures 87 feet at the required 25 foot
fron~ yard setback. The lot area and width comply with minimum zoning ordinance
reqwrements.
According to the survey submitted by the applicant, the deck and covered porch on the
existing single family dwelling maintain a nonconforming setback from both streets. The
front porch is only 20 feet from the property line abutting Spruce Trail and the deck is only
20 feet from Sunset Trail.
DISCUSSION:
The applicant is sepking a variance to construct a 320 square foot (16 foot by 20 foot) living
space addition to an existing single family
dwelling. The addition is proposed to be
located 13.6 feet from the property line
abutting Sunset Trail and 25 feet from the
property line abutting Spruce Trail. The
zoning ordinance requires structures on
comer lots to have a 25 foot front yard
setback on each street.
As previously noted, the deck on west side
of the dwelling maintains a non-
conforming setback from Sunset Trail.
The zoning ordinance specifically prohibits
"the enL...i ~, io i1:, ~ db tSifiattion, expansion,
rebuilding or l;AitJtSion of nulA.Uf1j~"iI~." The proposed addition would expand the existing
nonconforming deck setback by replacing it with a larger enclosed living space.
The property owner has a reasonable use of the property, as a single family dwelling with an
attached garage is present on the site.
Applicant's Estimate of Hardship-
The applicant contends that the purpose of the variance is to "increase our overall family
living area currently measuring at 1,120 square feet on three levels. This would add to the
size of our kitchen which measures 11 x 11 at this time, increasing its space, efficiency and
livability. Due to the original home being built without a basement and only two bedrooms,
this addition could also be used to accommodate guests as needed."
Also, "according to the survey we had completed with the proposed addition, it shows 37
feet of set back from the curb to the existing property line and 13.58 feet from the property
line to the comer of the proposed addition. The proposed addition to the curb of the road
would equal 50.58 feet."
L
--',~.-.-::--'~"'-:--,:-~:--"-~-"-
Planning Report - Holm Variance
November 25, 2002
Page 3
"The conditions of our property include an
elevation slope from 940 to 923 feet. This '
is from our back yard to the northwest
comer of the property line. A retaining wall
was installed to facilitate proper drainage
from the back to the front of the house.
For this reason we feel the only feasible area
to add on is off the west side of the house."
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 nauvwness, shallowness, or shape of a lot, or where by reason
of exceptional topographical or water conditions or other extraordinary and
exceptional conditions of such lot, the strict application of the terms of this
Ordinance would result in peculiar and practical difficulties or exceptional or
undue hardship upon the owner of such lot in developing or using such lot in a
manner customary and legally p.:..uuissible within the Use District in which said
lot is located.
The strict application of the front yard setback requirement from Sunset Trail does not
prohibit the property owner from developing the property legally pennissible within the
R -1 use district, as a single family dwelling with an attached garage is currently present on
the site.
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 condition applying to the land is not peculiar to the subject property, but applies to
all comer lots within R -1 use district.
3. The granting of the proposed Variance is necessary for the preservation and
enjoyment of a substantial property right of the owner.
Relief from the zoning ordinance is not necessary for the preservation and enjoyment of
the property owner's right to develop and use the land. A reasonable use is already
present on the site.
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.
I
I
I
I
L,
Planning Report - Holm Variance
November 25, 2002
Page 4
Although the granting of the variance will not impair an adequate supply of light and air
to adjacent property, it will allow a structure to maintain a front yard setback significantly
less than that required for comer lots in the R -1 use district. Furthermore, it will allow
for the expansion of a nonconforming front yard setback along Sunset Trail.
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 variance may impact the character of the neighborhood by altering
the perceived safety and comfort of the immediate vicinity. The structure will be located
closer to a property line abutting a public right-of-way than other properties within the
Sunset Hills development.
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 over crowding of land and undue
concentration of structures and population by regulating the use of land and building
and the bulk of buildings in relation to the land surrounding them.>> Allowing the
structure to maintain a 13.6 foot setback from a front property line appears to be
inconsistent with the zoning ordinance.
Another purpose of the zoning ordinance is to prohibit the enlargement, intensification,
expansion, rebuilding or extension of nonconformities. The requested relief from the
zoning ordinance would expand the nonconforming setback along Sunset Trail, and thus
be inconsistent with the zoning ordinance.
7. The granting of the Variance will not merely serve as a convenience to the
applicant but is necessary to alleviate a demonstrable undue hardship or
difficulty.
The granting of the variance appears to serve only as a convenience to the property
owner, because an undue hardship has not been demonstrated.
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 results from the design of the addition or action of the property
owner, not from the provisions of the zoning ordinance. The applicant's desire to
construct an addition that does not comply with the minimum setback created the
variance request.
Planning Report - Holm Variance
November 25, 2002
Page 5
i
9. Increased development or construction costs or economic hardship alone shall
not be grounds for granting a Variance.
Staff does not believe that economics plays a role in this request.
CONCLUSION:
The applicant is requesting a variance for a living space addition to a single family dwelling
on property zoned R-1 and SD. The property is a comer lot and is required to maintain a 25
foot front yard setback from both streets.
The applicant has pointed out that the property lies adjacent to Sunset Trail, which has 37
feet of boulevard because it was formerly County Road 81, and that the site exhibits an
elevation change. Although staff acknowledges that the addition would be over 50 feet from
the roadway and the retaining wall in the rear yard limits an addition size and location,
variance applications are reviewed strictly against the standards in the zoning ordinance, and
the property owner already has a reasonable use of the property.
The fact that the applicant would like to construct an addition to a single family dwelling that
encroaches into a required minimum setback does not create a hardship. The addition is a
convenience. The applicant's perceived hardship is created by the design of the addition.
Furthermore, the proposed addition would expand the nonconformity of the front yard
setback from Sunset Trail. Therefore, staff does not support the variance request because
the applicant has not demonstrated a hardship.
RECOMMENDATION:
Staff recommends denial of the requested 11.4 foot variance from the 25 foot front yard
setback for the construction of living space based upon the following:
1. The applicant has failed to demonstrate that a hardship exists to warrant the granting
of the variance.
2. The addition would expand the nonconformity of the setback from Sunset Trail.
3. A reasonable use is present on the site.
AL TERNA TWES:
1. Approve the variance requested by the applicant, or approve any variance the Planning
Commission deems appropriate in the circumstances. In this case, the Planning
Co~ssion should direct staff to prepare a resolution with findings supporting the
vanance.
2. Table or continue discussion of the item for specific purpose.
Planning Report - Holm Variance
November 25, 2002
Page 6
3. Deny the application because the Planning Commission finds a lack of demonstrated
hardship under the zoning ordinance criteria.
ACTION REOUIRED:
The staff recommends denial of the request, thus requiring the following motion:
1. A motion and second adopting Resolution 02-021PC denying an 11.4 foot variance from
the required 25 foot front yard setback for the construction of an addition.
ATTACHMENTS:
1. Location map
2. Applicant's letter
3. Survey
4. Addition plans/House elevations
5. Applicable regulations
6. Resolution 02-021PC
ATTACHMENT 1
_ocation V1a)
for - 0 m Variance
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TO: City of Prior Lake Planning Department
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FROM: Karl Holm
DATE: October 23, 2002
RE: East Side Front Yard Set Back Variance
Weare proposing an addition measuring 16x20 to be added to the West side of our existing home. The purpose of
this application requesting a variance is to increase our overall family living area currently measuring at 1120 square
feet on three levels. This would add to the size of our kitchen which measures l1xl1 at this time, increasing its
space, efficiency and livability. Due to the original home being built without a basement and only two bedrooms,
this addition could also be used to accomodate guests as needed.
1. According to the survey we had completed with the proposed addition, it shows 37 feet of set back from the curb
to the existing property line and 13.58 feet from the property line to the comer of the proposed addition. The
proposed addition to the curb of the road would equal 50.58 feet.
2. The conditions of our property include an elevation slope from 940 feet to 923 feet. This is from our back yard to
the North West comer of the property line. A retaining wall was installed to facilitate proper drainage from the back
to the front of the house. For this reason we feel the only feasible area to add on is off the West side of the house.
3. The proposed addition would increase the value of our home and allow us added living space on the ain level
adjacent to the kitchen area.
4. Our proposed addition would not impair an adequate supply of light and air to the adjacent property. Due to it
being a comer lot, this does not apply. It will not unreasonably increase the congestion in the public streets. It will
not increase the danger of fire or endanger public safety.
5. Our proposed addition will enhance the character and development of the neighborhood. It will not diminish or
impair established property values and in no way impair the health safety and comfort of the area.
7. We feel the variance we are applying for is necessary due to the size of our existing home measuring at I 120
square feet. This home was built without a basement and only two bedrooms. Building off the West side would
be most beneficial to increase our living space on the main level. The proposed addition would fit dimentionally and
appear proportionate to our existing home. It would not interfere with drainage flow on the property or upset the
natural beauty of our mature trees.
8. The provisions and codes affecting this property include being a comer lot initially zoned as a county road
(c.R 81) and since changed to a city street. (Sunset Trail)
9. This proposed variance is being applied for to increase our main level living area, add adequate space in the
kitchen for increased efficiency and usefullness and to have a comfortable room for guest accommodations.
APPLICANT'S LETTER
SURVEY PREPARED FOR:
KARL HOLM
3201 SPRUCE TRAIL SE
PRIOR LAKE, MN. 55372
83
Valley survey~co.. P. A.
SUITE 120-C, 166f~'~RA~KLIN TRAIL
FRANKLIN TRAIL .OFFICE CONDOMINIUM
PRIOR LAKE, MlNhESOTA 55372
TjELEPHONE (6'1) 447 - 2570
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Lot 8. Block 6, SUNSET HILLS ADDITION, Scott County, Minnesota. Also
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NOTES: Benchmark Elevation 930.86 Top of the existing garage slab.
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......Contractor to verify building dimensions prior to constructiuo...... ~;%:b~r ".::::.r ":;'::i::;: :::;::~i;;::' :';:J':::
10m a duly licensed land Surv~or under Ih.
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ATTACHMENT 5
Zoning Ordinance
j. All home occupations shall be subject to an annual inspecion 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 compying 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 hterfere 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.
i
(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 d 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)
(7) Side yard widths may be reduced if the side wall of a building is not parallel by
more than 10 degrees with the side lot line, to permit the average depth of the
side yard to conform to the minimum side yard depth in the District, but no side
-
City of Prior Lake
May 22, 1999
APPLICAW!!lREGULATIONS
ATTACHMENT 6
RESOLUTION 02-021PC
A RESOLUTION DENYING AN 11.4 FOOT VARIANCE FROM THE
REQUIRED 25 FOOT FRONT YARD SETBACK FOR THE
CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Karl Holm has applied for an 11.4 foot variance from the 25 foot front yard
setback for the construction of an addition to an existing single family dwelling
on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay)
at the following location, to wit;
3201 Spruce Trail SW, Prior Lake, MN, legally described as follows: Lot 8,
Block 6, Sunset Hills Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variances as
contained in Case #02-123PC and held a hearing thereon on November 25,
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 strict application of the front yard setback requirement from Sunset Trail
does not prohibit the property owner from developing the property legally
permissible within the R-l use district, as a single family dwelling with an
attached garage is currently present on the site.
5. The condition applying to the land is not peculiar to the subject property, but
applies to all corner lots within R-1 use district.
6. Relief from the zoning ordinance is not necessary for the preservation and
enjoyment of the property owner's right to develop and use the land. A
reasonable use is already present on the site.
1: \02files \02variances \02-123 \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
7. Although the granting of the variance will not impair an adequate supply of
light and air to adjacent property, it will allow a structure to maintain a front
yard setback significantly less than that required for corner lots in the R-1 use
district. Furthermore, it will allow for the expansion of a nonconforming front
yard setback along Sunset Trail.
8. The granting of the variance appears to serve only as a convenience to the
property owner, because an undue hardship has not been demonstrated.
9. The alleged hardship results from the design of the addition or action of the
property owner, not from the provisions of the zoning ordinance. The
applicant's desire to construct an addition that does not comply with the
minimum setback created the variance request.
10. The contents of Planning Case #02-123PC 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 variance for the construction of an addition to an existing single family
dwelling as shown in Attachment 1 - Certificate of Survey:
1) An 11.4 foot variance from the required 25 foot front yard setback
from to allow a 13.6 foot setback from Sunset Trail. (Zoning
Ordinance Section 1102.405 (3) Dimensional Standards.)
Adopted by the Board of Adjustment on November 25, 2002.
Anthony J. Stamson, Commission Chair
ATTEST:
Donald R. Rye, Community Development Director
1: \02files \02variances \02-123 \deny resolution. doc
2
83
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Valley SJJrvey ng Co., P.A.
SUITE 120-C, 166 0 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TjELEPHONE (6~2) 447-2570
J- c .. House
. 37.S .~
SURVEY PREPARED FOR:
KARL HOLM
3201 SPRUCE TRAIL SE
PRIOR LAKE, MN. 55372
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DESCRIPTION:
Lot 8, Block 6, SUNSET HILLS ADDITION, Scott County, Minnesota. Also
showing the location of visible improvements and encroachments on to or off from
said property ifany, as of this 4th day of October, 2002.
NOTES: Benchmark Elevation 930.86 Top of the existing garage slab.
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929.1 Denotes existing grade elevation
x
(930.0) Denotes proposed finished grade elevation
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Match the Y' _,. _.cd addition floor to existing.
60
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. . ...' hereby certify that this survey wos prepared
......Contractor to verify building dimensions prior to constructIon by mo or under my direc' supervision ond 'ho'
, om 0 duly licensed lond Surveyor under 'h,
low. of 'he 5'0" 0' Minn.so'o.
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Dor. ~'?- "''l",. L1c.n.. No. '0183
ATTACHMENT 1
FILE No. 9592 BOOK 239 PAGE: 30
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SURVEY PREPARED FOR:
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3201 SPRUCE TRAIL SE
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Lot 8, Block 6, SUNSET HILLS ADDITION, Scott County, Minnesota. Also
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said property if any, as of this 4th day of October, 2002.
NOTES: Benchmark Elevation 930.86 Top ofthe existing garage slab.
-~lli ~ rn OWl [g II~I
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929.1 Denotes existing grade elevation
x
(930.0) Denotes proposed finished grade elevation
---. Denotes proposed direction of finished surface drainage
Match the proposed addition floor to existing.
60
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.........Contractor to venfy buddmg dimenSIons pnor to constructIon by me or under my direct supervision and that
I am a duly licensed Land Surveyor under the
lows of the State of Minnesota.
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SURVEY PREPARED FOR:
KARL HOLM
3201 SPRUCE TRAIL SE
PRIOR LAKE, MN. 55372
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SUITE 120-C, 166('0 FRANKLIN TRAIL
FRANKLIN TRAIL /OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TtLEPHONE (611) 447 - 2570
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DESCRIPTION:
Lot 8, Block 6, SUNSET HILLS ADDITION, Scott County, Minnesota. Also
showing the location of visible improvements' and encroachments on to or off from
said property if any, as of this 4th day of October, 2002.
NOTES: Benchmark Elevation 930.86 Top of the existing garage slab.
IN
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C Of b' 'ld' d' . '. . *** I hereby certify that this survey was prepared
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I am a duly licensed Land Surveyor under the
laws of the State of Minnesota.
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SURVEY PREPARED FOR:
KARL HOLM
3201 SPRUCE TRA\L SE
PRIOR LAKE, NlN. 55372
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SUITE 120-C, 166,0 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55312
Tt\E.LEPHONE (~'!) 447-2510
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DESCRIPTION:
Lot S, Block 6, SUNSET HILLS ADDITION, Scott County, Minnesota. Also
showing the 10000tion of visible improvements and encroachIllents on to or off from
said property if any, as of this 4th day of October, 2002.
NOTES: BettcJnnark Elevation 930.86 Top of the ."dsting garage slab.
929.1 Denotes existing grade elevation
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. ontraetor to ver bm .ng .mens ons pnor to constrnctlon by me 0' """or my di,.c! ,,,,,..,i.i"" ond thO'
10m a duly licensed Land Surveyor under the
raws of the State of Minnesota.
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APPLICA'l"IO~S
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APPLICA'l"lO~
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L:\TEMPLA TE\FILEINFO.DOc
Planning Case File No. tbL - /23 _
Property Identification No. ~,<; ~ J i,:2.- Ci:Y7-o
City of Prior Lake
ZONING/LAND USE APPLICATION
Type of Application
Brief description of proposed project
(Please describe the proposed amendment, project, or variance
request. Attach additional sheets if necessary).
o Amendment to Zoning Map
o Amendment to Zoning Ordinance Text
o Amendment to Comprehensive Plan Land Use Map
o Conditional Use Permit
lID Variance
o Planned Unit Development
o Senior Care Overlay District
o Home Occupation
o Amendment or Modification to approved CUP or PUD
o Other
...,t!Sf 5 i 4. e
t-vo~ Ijllj-d. Se-f- bt{c1L Vttrlaf\c~
Applicant: ~ a r { H-o I W1
Address: --3~" I S,prt-i ce Trtt / ( S. /,J. frr'()(' lAJ--e J 11,1.
Telephone: q >~_ "I c17 - 'I 77~(home) (;Id. - 7~ {P-;lf::ll (work) .
r rs 7 :l-
(fax)
Property Owners (if different than applicant):
Address:
Telephone: (home)
Type of Ownership: 0 Fee
(work)
o Contract for Deed
(fax)
o Purchase Agreement I
Legal Description of Property (Attach additional sheets if necessary): .t 1
Lor K. f:>Jo cf. (p , J"'Uhf-ef-- I+.tlff 1hYr"-ft"f'\ I Sco11 C()L(i1fV/l"lI'nll-
I' .,
I
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 not be processed until deemed complete by the Planning Director or assignee.
K~ tJ~~ Jb-oc..-r-~'Z- r::- r:"'~r::o\\nr'
Applicant's Signature Date! )'J' LS ~ lEi ~ li:; I'
I ;j
ADDITION~LPROJE::t~RMATlON 1_ ~ ocr 2 3. i~
(Required for PUD, CUP andSc Overlay District applications)
Fee Owner's Signature
Will the developers request financial assistance from the City?
o Yes
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 ofthisproject?
o Yes (If yes, please attach a list of the names and the role of all' persons involved in the project.) [J No
1:\handouts\200J handouts\zoning\zoning app.doc
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TO: City of Prior Lake Planning Department
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FROM: Karl Holm
DATE: October 23, 2002
RE: East Side Front Yard Set Back Variance
We are proposing an addition measuring 16x20 to be added to the West side of our existing home. The purpose of
this application requesting a variance is to increase our overall family living area currently measuring at 1120 square
feet on three levels. This would add to the size of our kitchen which measures 11x11 at this time, increasing its
space, efficiency and livability. Due to the original home being built without a basement and only two bedrooms,
this addition could also be used to accomodate guests as needed.
1. According to the survey we had completed with the proposed addition, it shows 37 feet of set back from the curb
to the existing property line and 13.58 feet from the property line to the corner of the proposed addition. The
proposed addition to the curb of the road would equal 50.58 feet.
2. The conditions of our property include an elevation slope from 940 feet to 923 feet. This is from our back yard to
the North West corner of the property line. A retaining wall was installed to facilitate proper drainage from the back
to the front of the house. For this reason we feel the only feasible area to add on is off the West side of the house.
3. The proposed addition would increase the value of our home and allow us added living space on the ain level
adjacent to the kitchen area.
4. Our proposed addition would not impair an adequate supply oflight and air to the adjacent property. Due to it
being a corner lot, this does not apply. It will not unreasonably increase the congestion in the public streets. It will
not increase the danger offire or endanger public safety.
5. Our proposed addition will enhance the character and development of the neighborhood. It will not diminish or
impair established property values and in no way impair the health safety and comfort of the area.
7 . We feel the variance we are applying for is necessary due to the size of our existing home measuring at 1120
square feet. This home was built without a basement and only two bedrooms. Building off the West side would
be most beneficial to increase our living space on the main level. The proposed addition would fit dimentionally and
appear proportionate to our existing home. It would not interfere with drainage flow on the property or upset the
natural beauty of our mature trees.
8. The provisions and codes affecting this property include being a corner lot initially zoned as a county road
(C.R. 81) and since changed to a city street. (Sunset Trail)
9. This proposed variance is being applied for to increase our main level living area, add adequate space in the
kitchen for increased efficiency and usefullness and to have a comfortable room for guest accommodations.
Received of
I--!._ CL rjL
the sum of
L \, -L_.
, ,- r,... r -
V 0_ r \- L:,-.f ; :-'~.~
for the purpose of
1_,/ ('-,D
$ ~~i.../'"
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(952) 447-4230, FAX (952) 447-4245
RECEIPT # 41687
I /- n'l--, ......... "-1
DATE: c .:;) '.J . (jcr.
I tr~h' 1
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-.-./ J l1e6eipfCTerk for the Clt\llof Prior Lake!. i
:1 \ T ,,p \..
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llEA1U~G
~O'l'ICES
-
L:\TEMPLA TE\FILEINFO.DOc
Cynthia Kirchoff
From:
Sent:
To:
Hi-
Cynthia Kirchoff
Monday, November 04,20028:44 AM
Prior Lake American (E-mail)
Please publish the attached public hearing notices in the November 9th edition of the Prior Lake American.
Please contact me at 447-9813, should you have any questions.
Thank you!
Cynthia Kirchoff, AICP
Planner
City of Prior Lake
(952) 447-9813
(952) 447 -4245-fax
~
Publ;c Hear; ng
Notice.doc
~
Public Hearing
Notice.doc
1
NOTICE OF PUBLIC HEARING TO CONSIDER A VARIANCE FROM THE
ZONING ORDINANCE FOR THE CONSTRUCTION OF AN ADDITION.
TO A SINGLE F AMIL Y 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, November 25, 2002, at 6:30 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting a variance from the 25 foot front yard
setback from Sunset Trail for the construction of an addition to a
single family dwelling.
APPLICANT:
Karl Holm
SUBJECT SITE:
3201 Spruce Trail SE, Prior Lake, MN, legally described as Lot
8, Block 6, Sunset Hills Addition, 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 5th day of November 2002.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be published in the Prior Lake American on November 9, 2002.
L: \02FILES\02variances \02-123 \Public Hearing N otice.doc
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
~/ ~ 1J! AAciYl of the City I~Prior Lake, County of Scott, State of
Minnesota, being d~y- sworn, says on the day of A)00 . 2002, she served
the ~ttached list of persons to have an interest in the '1{b~ ~-r' +f6eVV\
VOJY.A./t1d ./ -* 62---1 L~ , by mailing to thein 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
LcIDEPTWORKIBLANKFRMI.\fAILAFFD.DOC
NOTICE OF PUBLIC HEARING TO CONSIDER A VARIANCE FROM THE
ZONING ORDINANCE FOR THE CONSTRUCTION OF AN ADDITION
TO A SINGLE F AMIL Y 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, November 25, 2002, at 6:30 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting a variance from the 25 foot front yard
setback from Sunset Trail for the construction of an addition to a
single family dwelling.
APPLICANT:
Karl Holm
SUBJECT SITE:
3201 Spruce Trail SE, Prior Lake, MN, legally described as Lot
8, Block 6, Sunset Hills Addition, 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 November 2002.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be mailed to property owners within 350 feet of the subject site on November 14, 2002.
L: \02FILES\02variances \02-123\Mailed Notice.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
SURVEY PREPARED FOR:
KARL HOLM
3201 SPRUCE TRAIL SE
PRIOR LAKE, MN. 55372
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SUITE 120-C, 16(/I~'~RA~KlIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR lAKE. MINNESOTA 55372
Ti/ELEPHONE (6~/2) 447-2570
- Hou se
37.5 T
920.74
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DESCRIPTION:
Lot 8, Block 6, SUNSET HILLS ADDITION, Scott County. Minnesota. Also
showing the location of visible improvements and encroachments on to or ofT froll1
said property ifany, as of this 4th day of October. 2002.
NOTES: Benchmark Elevation 930.86 Top of the existing garage slab.
30
60
I
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IN
o Denol" 1/2 Itlch . 14 Inch I,on
monu....nt Itt and m".....d by
lic.n.. No. '0183 .
. Denot.. iron monument found
ell o.not.." 1<. Nail ..,
929.1 Denotes existing grade elevation
x
(930.0) Denotes proposed finished grade elevation
r<<ru@ [g D~ [g tii
.~ ocm ~ U
-+ Denotes proposed direction of finished surface drainage
Match the proposed addition floor to existing.
***Contractor to verify building dimensions prior to construction*** :,;,:b~.. cu%::: ~;"Ji:~: :=~i;;:~ ~'.:f':::
10m" duly licensed land Surveyar under 'h.
kiWI 0' the State 0' Minnesota.
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FILE No.
9592
239
PAGE
30
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=>ro Jerty O\Nners wit lin 350 feet
of Holm Variance
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PID SHSRTN SHHOUS SHSTRE SHCITY S SHZI HOUSGS STREGS STT A PRPLA T PR PR LEGAL 1
251720890 PRIOR LAKE,CITY OF 16200 EAGLE CREEK AV PRIOR LAKE M 55372 0 PLAT-25172 SUNSET HILLS ADDN O-L A
251340081 WIK,RICHARD L 15210 ENTERPRISE AVE FAULKTON S 57438 17106 SUNSET TRL S PLAT-25134 SUNSET SHORE 16 & N 5' OF LOT 15 & S 15' OF 17
251340081 WIK,RICHARD L 15210 ENTERPRISE AVE FAULKTON S 57438 17106 SUNSET TRL S PLAT-25134 SUNSET SHORE 16 & N 5' OF LOT 15 & S 15' OF 17
251340073 KUSKIE,KENNETH W & BEVERLY 17126 SUNSET TRL SW PRIOR LAKE M 55372 17126 SUNSET TRL S PLAT-25134 SUNSET SHORE 14 LYING N OF S 25' & 15 LYING S OF N 5'
251340073 KUSKIE,KENNETH W & BEVERLY 17126 SUNSET TRL SW PRIOR LAKE M 55372 17126 SUNSET TRL S PLAT-25134 SUNSET SHORE 14 LYING N OF S 25' & 15 LYING S OF N 5'
251340072 SEVCIK,STEVEN T & KATHLEEN M 17132 SUNSET TRL SW PRIOR LAKE M 55372 17132 SUNSET TRL S PLAT-25134 SUNSET SHORE 13 & S 25' OF LOT 14
251720880 PRIOR LAKE,CITY OF 16200 EAGLE CREEK AV PRIOR LAKE M 55372 0 PLAT-25172 SUNSET HILLS ADDN PARK
251340072 SEVCIK,STEVEN T & KATHLEEN M 17132 SUNSET TRL SW PRIOR LAKE M 55372 17132 SUNSET TRL S PLAT-25134 SUNSET SHORE 13 & S 25' OF LOT 14
251720580 KATH,MARSHALL C 17140 SUNRISE AVE PRIOR LAKE M 55372 17140 SUNRISE AV S PLAT-25172 SUNSET HILLS ADDN 8 4
251720640 MAHOWALD,THOMAS 3200 SPRUCE TRL SW PRIOR LAKE M 55372 3200 SPRUCE TRL S PLAT-25172 SUNSET HILLS ADDN 14 4
251340074 HACKLER,ANN M & GALEN B 17148 SUNSET TRL PRIOR LAKE M 55372 17148 SUNSET TRL S PLAT-25134 SUNSET SHORE 12 & N 25' OF LOT 11
251720630 STICHA,THOMAS L & SUSAN R 3214 SPRUCE TRL PRIOR LAKE M 55372 3214 SPRUCE TRL S PLAT-25172 SUNSET HILLS ADDN 13 4
251720620 KASPER,TIMOTHY D & DARLA J 3228 SPRUCE TRL SW PRIOR LAKE M 55372 3228 SPRUCE TRL S PLAT-25172 SUNSET HILLS ADDN 12 4
251720590 KOEBNICK,GREGORY A 17160 SUNRISE AVE SW PRIOR LAKE M 55372 17160 SUNRISE AV S PLAT-25172 SUNSET HILLS ADDN 9 4
251340074 HACKLER,ANN M & GALEN B 17148 SUNSET TRL PRIOR LAKE M 55372 17148 SUNSET TRL S PLAT-25134 SUNSET SHORE 12 & N 25' OF LOT 11
251340071 WOODSON,J CRAIG & HOLLY A 17164 SUNSET TRL SW PRIOR LAKE M 55372 17164 SUNSET TRL S PLAT-25134 SUNSET SHORE 10 & S 25' OF LOT 11
251340071 WOODSON,JCRAIG&HOLLYA 17164 SUNSET TRL SW PRIOR LAKE M 55372 17164 SUNSET TRL S PLAT-25134 SUNSET SHORE 10 & S 25' OF LOT 11
251720610 BRONSON,KEITH L 3244 SPRUCE TRL PRIOR LAKE M 55372 3244 SPRUCE TRL S PLAT-25172 SUNSET HILLS ADDN 11 4
251720600 HEINRICH,TODD M 3258 SPRUCE TRL SW PRIOR LAKE M 55372 3258 SPRUCE TRL S PLAT -25172 SUNSET HILLS ADDN 10 4
251340060 STORLlE,WILLARD S & MARIETTA 17182 SUNSET TRL SW PRIOR LAKE M 55372 17182 SUNSET TRL S PLAT-25134 SUNSET SHORE 8 & LOTS 81/2 & 9
251720870 HOLM,KARL W 3201 SPRUCE TRL SW PRIOR LAKE M 55372 3201 SPRUCE TRL S PLAT -25172 SUNSET HILLS ADDN 8 6
251340060 STORLlE,WILLARD S & MARIETTA 17182 SUNSET TRL SW PRIOR LAKE M 55372 17182 SUNSET TRL S PLAT-25134 SUNSET SHORE 8 & LOTS 81/2 & 9
251720860 BROWN,BRIAN J & ROSEMARIE 3219 SPRUCE TRL PRIOR LAKE M 55372 3219 SPRUCE TRL S PLAT-25172SUNSETHILLSADDN 7 6
251340060 STORLlE,WILLARD S & MARIETTA 17182 SUNSET TRL SW PRIOR LAKE M 55372 17182 SUNSET TRL S PLAT-25134 SUNSET SHORE 8 & LOTS 81/2 & 9
251720430 DICKENSON,GARY L & NANCY J 3286 SPRUCE TRL SW PRIOR LAKE M 55372 3286 SPRUCE TRL S PLAT-25172SUNSETHILLSADDN 26 3
251720850 KLlNGBERG,MARK 3237 SPRUCE TRL PRIOR LAKE M 55372 3237 SPRUCE TRL S PLAT-25172SUNSETHILLSADDN 6 6
251340050 SENSTAD,JAMES K 17200 SUNSET TRL PRIOR LAKE M 55372 17200 SUNSET TRL S PLAT-25134 SUNSET SHORE 6&7
251720840 LUND,DARREN W & JULIE R 3255 SPRUCE TRL SW PRIOR LAKE M 55372 3255 SPRUCE TRL S PLAT-25172 SUNSET HILLS ADDN 5 6
251340050 SENSTAD,JAMES K 17200 SUNSET TRL PRIOR LAKE M 55372 17200 SUNSET TRL S PLAT-25134 SUNSET SHORE 6&7
251720830 MYERS,STEPHEN 0 & CONNIE L 3275 SPRUCE TRL PRIOR LAKE M 55372 3275 SPRUCE TRL S PLAT-25172 SUNSET HILLS ADDN 4 6
251340040 OLSEN,ROBERT J 17214 SUNSET TRL SW PRIOR LAKE M 55372 17214 SUNSET TRL S PLAT-25134 SUNSET SHORE 5
251720820 PETERSON,TERESAA 3287 SPRUCE TRL SW PRIOR LAKE M 55372 3287 SPRUCE TRL S PLAT-25172 SUNSET HILLS ADDN 3 6
251340030 BRIGHT, BRIAN E 17226 SUNSET TRL SW PRIOR LAKE M 55372 17226 SUNSET TRL S PLAT-25134 SUNSET SHORE 4
251340031 PRIOR LAKE,CITY OF 16200 EAGLE CREEK AV PRIOR LAKE M 55372 0 PLAT-25134 SUNSET SHORE 3
251340020 MUELLER,RUTH A 17244 SUNSET TRL SW PRIOR LAKE M 55372 17244 SUNSET TRL S PLAT-25134 SUNSET SHORE 2
251340010 ROHE,LYNETTE M 17254 SUNSET TRL SW PRIOR LAKE M 55372 17254 SUNSET TRL S PLAT-25134 SUNSET SHORE 1
251320160 DOHENY,STEVEN P & MAUREEN 17264 SUNSET TRL SW PRIOR LAKE M 55372 17264 SUNSET TRL S PLAT-25132 FAIRVIEW BEACH 22
251850440 PRIOR LAKE,CITY OF 16200 EAGLE CREEK AV PRIOR LAKE M 55372 0 PLAT-25185 WOODVIEW 1ST ADDN PARK
NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379
DAVID E. MOON EN
Phone: (952) 445-6246
Fax: (952) 445-0229
September 13, 2002
Karl Holm
3201 Spruce Trail SW
Prior Lake, MN 55372
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 8, Block 6, Sunset Hills Addition, Scott County, Minnesota.
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MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
STEVEN J & DANETTE GR1.J:<t'lTH
17274 SUNSET TR SW
PRIOR LAKE MN 55372
STEVEN P & MAUREEN DOHENY
17264 SUNSET TRL SW
PRIOR LAKE MN 55372
LYNETTE M ROHE
17254 SUNSET TRL SW
PRIOR LAKE MN 55372
RUTH A MUELLER
17244 SUNSET TRL SW
PRIORLAKEMN 55372
BRIAN EBRIGHT
17226 SUNSET TRL SW
PRIOR LAKE MN 55372
CITY OF PRIOR LAKE
CITY MANAGER
16200 EAGLE CREEK AVE
PRIORLAKEMN 55372
ROBERT J OLSEN
17214 SUNSET TRL SW
PRIOR LAKE MN 55372
JAMES K SENSTAD
17200 SUNSET TRL
PRIOR LAKE MN 55372
WILLARD S & MARIETTA J STORLIE
17182 SUNSET TRL SW
PRIORLAKEMN 55372
RANDALLE& SHERRILL TAATJES
17094 SUNSET TRL
PRIORLAKEMN 55372
J CRAIG & HOLLY A WOODSON
17164 SUNSET TRL SW
PRIORLAKEMN 55372
STEVEN T & KATHLEEN M SEVCIK
17132 SUNSET TRL SW
PRIORLAKEMN 55372
KENNETH W & BEVERLY J KUSKIE
17126 SUNSET TRL SW
PRIOR LAKE MN 55372
TERESA A PETERSON
3287 SPRUCE TRL SW
PRIOR LAKE MN 55372
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STEPHEN 0 & CONNIE L MYERS
3275 SPRUCE TRL
PRIOR LAKE MN 55372
MARK KLINGBERG
3237 SPRUCE TRL
PRIOR LAKE MN 55372
ANN M & GALEN B HACKLER
17148 SUNSET TRL
PRIOR LAKE MN 55372
RICHARD L WIK
15210 ENTERPRISE AVE
FAULKTON SD 57438
JAMIE J VOELK
17108 SUNRISE AVE SW
PRIORLAKEMN 55372
MARSHALL C KATH
17140 SUNRISE AVE
PRIOR LAKE MN 55372
TODD M HEINRICH
3258 SPRUCE TRL SW
PRIOR LAKE MN 55372
DARRENW & JULIERLUND
3255 SPRUCE TRL SW
PRIOR LAKE MN 55372
BRIAN J & ROSEMARIE BROWN
3219 SPRUCE TRL
PRIOR LAKE MN 55372
JAMES 0 & CHRISTINA M GISH
17080 SUNSET TRL SW
PRIOR LAKE MN 55372
GARY L & NANCY J DICKENSON
3286 SPRUCE TRL SW
PRIOR LAKE MN 55372
LEROY F RABENORT
17124 SUNRISE AVE
PRIOR LAKE MN 55372
GREGORY A KOEBNICK
17160 SUNRISE AVE SW
PRIOR LAKE MN 55372
KEITH L BRONSON
3244 SPRUCE TRL
PRIOR LAKE MN 55372
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TIMOTHY D & DARLA J KASPER
3228 SPRUCE TRL SW
PRIORLAKEMN 55372
THOMAS MAllOW ALD
3200 SPRUCE TRL SW
PRIOR LAKE MN 55372
THOMAS L & SUSAN R STICHA
3214 SPRUCE TRL
PRIOR LAKE MN 55372
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Prior Lake, Minnesota 55372-1714
ADDRESS CORRECTION REQUESTED
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3201 SPRUCE TRAIL SE
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TELEPHONE (6')2) 447 - 2570
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DESCRIPTION:
Lot 8, Block 6, SUNSET HILLS ADDITION, Scott County, Minnesota. Also
showing the location of visible improvements and encroachments on to or off from
said property ifany, as of this 4th day of October, 2002.
NOTES: Benchmark Elevation 930.86 Top of the existing garage slab.
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C " if b 'ld' d' .. . "'*'" / hereby certify that this survey was prepared
*"'''' ontractor to ver Y Ul mg ImenSlOns prior to construction by me or under my direct supervision and that
/ am a duly licensed Land Surveyor under the
law. of the State of Minnesota.
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monument set and, marked by
License No. 10/83
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SURVEY PREPARED FOR:
KARL HOLM
3201 SPRUCE TRAIL SE
PRIOR LAKE, MN. 55312
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DESCRIPTION:
Lot B, Block 6, SUNSET IDLLS ADDmON, Scott County. Minnesota. Also
showing the location of visible itnprovements and encroa<;hments on to or off from
said property if any, as of this 4th day of October, 2002.
NOTES: Benchmark Elevation 930.86 'top ofthe existing garage slab.
929.1 Denotes existing grade elevation
x
(930.0) Denotes proposed finished grade elevation
.. Denotes proposed direction of finished surface drainage
Match the proposed addition floor to existing.
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I hereby certify that this survey was prepared
***ContraCtllrto verify building dlmellSlon. prior to eOllStruction*** by me 0' und" my - "",,,,;.;on ond ",of
10m a duly licensed Land Surveyor under the
/ow, of the state of Minnesota.
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Date JO" 7- ~ License No. 10183
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monument s.t and marked by
L.icens' No. 10183 .
. Denotes iron monument found
~ Denotes P. I< . Nail set
1='11 F' Nn
9592
239
O/lr..r 30
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