HomeMy WebLinkAbout02-135 Landice Wilson Variance
Planning Case File No. OJ. -/3':)
Property Identificat~(}~~o. "}})/{)"1fo-O/,;L-O
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City of Prior Lake Ii L, ,[--"--'
ZONING/LAND USE APPLICATI~~: NOV 2 13m! 1,
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(Please describe the proposed amendment, project, or variance
request Attach additional sheets if necessary).
o Amendment to Zoning Map 7 0 (I.2'"LtJAA h~L- 1:'/. <::)'-/ / ~ ,;; (j I
o Amendment to Zoning Ordinance Text r-L..t'd~(;~/' Q ClC~~;;?c ( t9-vI <It;;' I
o Amendment to Comprehensive Plan Land Use Map ..'t:JA..l1 ;l.e.')~. _ :-f'A/Lll'.p ~"-'7'\ _1_/UJ.<:o1
o Conditional Use Permit' JI' I
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[8.] Variance I) i- l2Ap/U~ 'I--h_LIJi I hl -nA)
o Planned Unit Development Q1,:,L 10 ( / ~'! ,d'1t'2f l,it" .."--' /11 .Iii.., 0J'l...I1 I
o Senior Care Overlay District }1{L ,kP /'. € l/V../ ~ f)o ^ j, .u>w ,''11
o HomeOccupation Jr:0UD C~>~/reJ) Hit .i~1' rbcu&l.
o Amendment or Modification to approved CUP or PUD ~ ~ ~ 1l/V1fVAAO/QJ2,...,J: '.'
o Other , Ltte ~ c~cjJ 1/ 1-'J(.)!tJ;;) ~"''"L
Applicant: La nd I c.p ltJ ~ \ <..c\ L \ 11,l.-/ .I./u.A. ~/:;.7~{fn.-..
Address: IIQ -;l.. ~ ~ LA k' e c:;. i d ~ ~ \J..p &.F' t:k/O~ If, ke--'11A.) 0' ~ 3. 7 d..
Telephone: (j5;}) 4~7-~~c, (home) J~).)SIJI:-I,:,,!I>1 (work) , (fax)
Property Owners (if different than applicant): S Q VV\-e
Address:
Telephone:
. Type of Ownership:
Type of Application
(home)
l? Fee
o
(work)
Contract for Deed
(fax)
o Purchase Agreement I
Legal Description of Property (Attach additional sheets if necessary):
In+ 23 L-a keslct-e. OR r J( (:Jdd ,f/O N
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.
Applicant's Signature
Date
Fee Owner's Signature
Date
ADDITIONAL PROJECT INFORMATION
(Required for PUD, CUP and SC Overlay District applications)
Will the developers request financial assistance from the City?
o Yes
llJ-No
If yes, please describe the amount and type of assistance requested (attach additional pages if necessary).
Will anyone other than the applicant be involvedinthe ownership, development & management of this project? .-
DYes (If yes, please attach a list ofthe names andthe role of all persons involved in the project.) flV'No
I:Ihandoutsl2001 handoutslzoninglzoning 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.
Timine: 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.
Hearine: 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\200l 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
also be taken. The Board of Adjustment, after reviewing all of the information, will make a decision and
may grant a variance from the strict application of the Zoning Ordinance provided that:
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional
topographical or water conditions or other extraordinary and exceptional conditions of such lot, the
strict application or the terms of this Code would result in peculiar and practical difficulties or
exceptional or undue hardship upon the owner of such lot in developing or using such lot in a
manner customary and legally permissible within the Use District in which said lot is located.
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.
3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a
substantial property right of the owner.
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 public safety.
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.
6. The granting of the proposed Variance will not be contrary to the intent of this Code and the
Comprehensive Plan.
7. The granting of a Variance will not merely serve as a convenience to the applicant but is necessary
to alleviate a demonstrable undue hardship or difficulty.
8. The hardship results from the application of the provisions of this Code to the affected property and
does not result from actions of the owners of the property.
9. Increased development or construction costs or economic hardship alone shall not be grounds for
granting a Variance.
Applicants are invited to use the overhead projector provided, and the exhibits prepared by Staff.
Any additional exhibits submitted by the applicant (at the hearing or prior to the hearing) such as
photographs, petitions, etc. must be entered into the public record and submitted to the Planning
Department for the file.
Appeal: The decision of the Board of Adjustment may be appealed to the City Council by submitting a
letter to the City requesting an appeal within 5 working days of the Board of Adjustment hearing. The
applicant, property owner or any affected owner or property within 350 feet of the site may appeal the
decision of the Board of Adjustment. Appeals are considered by the City Council following a public
hearing before the CounciL Upon receipt of an appeal, the Planning staffwill schedule a public hearing,
publish notice ofthe hearing in the Prior Lake American, and notify owners of property within 350 feet of
the site.
Recordine: If the variance or variances are approved, the applicant is responsible for recording a copy of
the certified resolution at the Scott County Recorder's Office. The certified copy of the resolution must
be stamped by the County Recorder as proof of recording and returned to the planning offices of the City
of Prior Lake before the issuance of a building permit for the project. The applicant must provide proof
1:\handouts\200 I handouts\zoning\variance app.doc
Page 2
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: Check payable to the "City of Prior Lake". The filing fee is $150.00.
· 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.
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Page 3
VARIANCE APPLICATION CHECKLIST
PROPERTY ADDRESS:
DEVELOPER:
For City Use Only
1. A complete Zoning/Land Use Application form, signed by the applicant ~
and the fee owner of the property.
2. A radius map and a list and 2 sets of labels of the names and addresses ~
of the owners of property located within 350' of the subject site. These 3,
shall be obtained from and certified by an abstract company.
3. The required filing fee of $150.00. 2
--
4. A certificate of survey of the property showing the existing and proposed
development in relation to:
. Property lines S; ,) 7
. Structures, both existing and proposed
. Topography
. Easements
. Ordinary High Water Mark and bluff setbacks, where applicable.
. Impervious surface calculations and lot coverage calculations.
. Setbacks for structures on adjacent lots, where setback averaging
applies
5. If the survey is larger than 11" by 17", ten (10) full-scale copies of the bJ (g
survey and supporting data and one 11"X 17" reduction of each sheet
must be provided.
1
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.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372.1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CD
November 20, 2002
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Planning Department
City of Prior Lake
16200 Eagle Creek Ave SE
Prior Lake, Minnesota 55372-1714
Dear Planning Commission,
Enclosed is an application for a 20 foot variance in order to place a 24' X 24'
detached garage 5 feet closer to the road than the city zoning ordinance permits.
There are several reasons for this request: First; there is no garage on the property at
this time. Second; by building a garage with the current setback requirements, the
garage would be very close to the house. There is already and existing water drainage
problem in the basement on the end of the house proposed for a garage. This is the
only side the garage can be built on because building it on the other side would obstruct
access to the front door. Third; due to the steep slope of the land toward the house,
construction would be less costly the closer to the road it could be built. Fourth; in the
past few months I've had a car damaged by a hit and run driver and a boat trailer stolen
because they were sitting outside. I would like to be able to protect my property by
storing it in a garage.
Although the enclosed radius map will show that no structures in the immediate vicinity
of my property are closer to the road than 25 feet, there are a few structures on that
short stretch of Lakeside Avenue that are closer. Furthermore, this garage and
subsequent landscaping will improve the appearance of the property where there is now
a gravel parking area, weeds, and an old cement block wall.
I have enclosed the following required items to help you with your decision:
..J 1. This letter
..J 2. Zoning/Land Use Application, including checklist
..J 3. Radius map, list, and 2 sets of mailing labels
..J 4. Letter signed by abstract company
..J 5. 10 full-scale copies of survey
..J 6. 10 11"X17" copies of survey
..J 7. Impervious surface report
..J 8. Check for $150.00
If you have any questions please contact me at:
home: (952) 447-8699
work: (952) 826-6718
Sincerely,
d~ VJe-ku--rv
landice Wilson
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CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(952) 4474230, FAX (952) 447-4245
RECEIPT# 433J3
DATE~ IZ,{ ,01-
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Resolution
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Doc. No. A 582577
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
01-16-2003 at 01:55 Receipt: 245366
Pat Boecl...,c.n, 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 02-022PC
A RESOLUTION APPROVING A 16.2 FOOT VARIANCE FROM THE 36.2
FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A 576
SQUARE FOOT DETACHED GARAGE
#02-135 Wilson Variance
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Connie Carlson
City of Prior Lake
Dated this 6th day of January, 2003
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RESOLUTION 02-022PC
A RESOLUTION APPROVING A 16.2 FOOT VARIANCE FROM THE 36.2
FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A 576
SQUARE FOOT DETACHED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Landice Wilson has applied for a variance from the zoning ordinance for the
construction of a 576 square foot detached garage on property zoned R-1 (Low
Density Residential) and SD (Shoreland Overlay) at the following location, to wit;
16252 Lakeside Avenue, Prior Lake, MN, legally described as follows: Lot
23, Lakeside Park, Scott County, Minnesota.
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2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #02~135PC and held a hearing thereon on December 23,2002.
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 location of the existing single family dwelling and shape and size of the lot
dictate the placement of a garage. The topography of the site impacts the location
of any structure. A customary and legally permissible (reasonable) use within the
R-1 use district is a single family dwelling with a two stall garage. The property
currently only has a single family dwelling, so a reasonable use is not present on the
property.
5. The property exhibits extreme topography that constrains development of the
property, in particular limits the location of a garage. Although other lots on Prior
Lake have topography that constrain development, this particular property is
unique in that the location of the dwelling is positioned at the toe of the slope,
leaving a garage to be located between the top of the slope and Lakeside Avenue. If
.
1: \02files \02variances \02 -13 5\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
the garage were to be shifted further from the front property line to maintain a
greater setback, the slope and garage stability may be further compromised.
6. The granting of the setback variance is necessary for the preservation and
enjoyment of a reasonable use of the property because without the relief the
applicant will not be able to construct a garage on the property.
7. One purpose of the zoning ordinance is to "provide adequate off-street parking and
loading facilities." The variance appears to be consistent with the intent of the
zoning ordinance, that is, to allow the storage of vehicles and other materials
within an enclosed structure. The property currently does not have a garage, and a
garage is customarily considered to be a reasonable use in residential zoning
districts.
8. The front yard setback variance will not serve as a convenience as there are no
other options for the construction of a garage on the property within the buildable
area. It is necessary to alleviate a demonstrable undue hardship - the property
cannot be put to a reasonable use if used as allowed by the R-1 use district.
9. The hardship was created the topographic change from Lakeside Avenue to Prior
Lake along with the required 36.2 foot front yard setback. The property owner did
not create the difficulty.
10. The contents of Planning Case #02-135PC 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 detached garage, as shown on
Attachment 1 - Certificate of Survey:
1. A 16.2 foot variance from the 36.2 foot front yard setback to allow a 20 foot
front yard setback. (Section 1102.405 (4) Setback Requirements for
Residential Structures.)
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. -
1: \02files \02variances \02-135\approve resolution.doc
2
3. The driveway shall be a maximum of 24 feet in width at the property line and meet
the 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal structure.
6. Impervious surface coverage shall not exceed 30 percent.
Adopted by the Board of Adjustment on December 23,2002.
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Donald R. RY& unity Development Director
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_1 PRfPARED 'OR:
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PRIOR I.N<E. lotH 55372
PH. (1152) 447-.1111
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PRIOR I.N<E lotH. 55372
PH. (1152) 447-2570
'AX (952) 447-2571
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LEeAL DESCRIPTION AS PROVIDED'
Lot 23. LAKESIDE PARK, Scott County, ~inne:sotQ
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LEGEND
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DENOTES X" ASH
DENOTES X' SOX ELDER
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(? DENOTES X' CHERRY
(::.> DENO IES X' E1.'"
G DENOTES X' LOCUST
(; CENOTES X. lUPLE
.. DENOTES 9RICI< .AnO
~ DENOTES WOOD CECK
CENOTES waco RET AlNINe WALl.
-:e;:~. DENOTES STONE ~TAINlNG WALL
DENOTES ELl:VAnON CONTOUR
...., DENOTES EXISnNG SPOT ELEVATION
PROPOSED GAR~ GE
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SURVl:YORS NOTES: \ NIIV L 2tIUZ J
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ATTACHMEN" 1
PLANNING COMMISSION MINUTES
MONDAY, DECEMBER 23, 2002
1. Call to Order:
Commissioner Criego called the December 23,2002, Planning Commission meeting to
order at 6:31 p.m. Those present were Commissioners Criego, Lemke and Ringstad,
Planning Coordinator Jane Kansier, Planner Cynthia Kirchoff and Recording Secretary
Connie Carlson.
2. Roll Call:
Atwood
Criego
Lemke
Ringstad
Stamson
Absent
Present
Present
Present
Absent
3. Approval of Minutes:
The Minutes from the December 9, 2002, Planning Commission meeting were approved
as presented.
4.
Consent:
None
5. Public Hearings:
Commissioner Criego read the Public Hearing Statement and opened the meeting.
A. Case #02-135 Landice Wilson is requesting a variance from the front yard
setback for the construction of a detached garage for the property located at 16252
Lakeside Avenue SEe
Planner Cynthia Kirchoff presented the Planning Report dated December 23, 2002, on
file in the office of the City Planner.
Landice Wilson is requesting a variance from the zoning ordinance for the construction
of a 576 square foot detached garage on property zoned R-I (Low Density Residential)
and SD (Shoreland Overlay District) and located at 16252 Lakeside Avenue (Lot 23,
Lakeside Park).
In order to construct the proposed addition to the dwelling the following variance is
required: A 16.2 foot variance from the 36.2 foot average front yard setback to allow a 20
foot setback.
L:\02FILES\02planning comm\02pcminutes\MNI22302.doc I
Planning Commission Meeting
December 23, 2002
The subject property is a riparian lot on Prior Lake. A single family dwelling,
constructed in 1957, currently occupies the site. The lot is 9,708 square feet in area and
50 feet in width. A garage is not present on the property.
Staff recommends approval of the 16.2 foot variance from the 36.2 foot average front
yard setback for the construction of a detached garage, 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.
3. The driveway shall be a maximum of24 feet in width at the property line and meet
the minimum 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal structure.
6. Impervious surface coverage shall not exceed 30 percent.
Criego questioned if this was in the bluff area. Kirchoffresponded it did not have a 30%
or more slope. This property is conforming.
Comments from the public:
Applicant Lani Wilson, 16252 Lakeside Avenue, stated she would like to build a garage.
She has been looking into this for a long time and this site is the only place it will fit. The
garage will be 24x24 feet. Wilson explained the topography of the lot.
Criego questioned the garage size. Wilson responded she would have some storage.
Comments from the Commissioners:
Lemke:
. Lived in the area and knows the property.
. Agreed with staffs recommendation - A modest two-car garage is a reasonable
use of the property.
. The variance to be 20 feet from the street because of the averaging makes sense as
well.
. Supported the variance request.
L:\02FILES\02planning comm\02pcminutes\MN122302.doc 2
Planning Commission Meeting
December 23,2002
Ringstad:
. Agreed with Lemke - A two-car garage is necessary in Minnesota.
. The nine hardship criteria set by the State of Minnesota is for situations like this.
. Because of the size of the garage and topography this makes sense.
. Supported the request.
Criego:
. Agreed with fellow Commissioners and staff.
MOTION BY RINGSTAD, SECOND BY LEMKE, TO APPROVE RESOLUTION 02-
22PC APPROVING A 16.2 FOOT V ARlANCE FROM THE 36.2 FOOT FRONT
YARD SETBACK FOR THE CONSTRUCTION OF A 576 SQUARE FOOT
DETACHED GARAGE.
Vote taken indicated ayes by all. MOTION CARRIED.
B. Case #02-129 St. Michael's Church is requesting an amendment to the text of
the Zoning Ordinance to allow externally illuminated signs for churches on collector
streets in residential districts.
Planning Coordinator Jane Kansier presented the Planning Report dated December 23,
2002, on file in the office of the City Planning Department.
The purpose of this public hearing is to consider an amendment to the Zoning Ordinance.
The applicant, the Church of St. Michael, is requesting an amendment to the Zoning
Ordinance to allow externally illuminated institutional signs along collector streets in
residential zoning districts.
Institutional signs are defined as signs, which identify the name and other characteristics
of a public or semi-public institution on the property where the sign is located. A public
or semi-public use could include schools, public buildings, libraries, religious institutions,
parks, etc.
The staff has no objections to the proposed amendment. The ordinance already allows
internally Illuminated signs along arterial streets. The additional provisions would help
to identify public and semi-public gathering sites after sunset. In order to minimize any
impact on the adjacent residential areas, the staff would suggest including a provision
limiting the visible illumination, measured in foot-candles, at the property line. This
provision is consistent with the lighting provisions in the ordinance. The specific
language is included in the attached draft ordinance.
Ringstad:
. Questioned the amendment. Kansier said it applies across the board.
.
L:\02FILES\02planning comm\02pcminutes\MNI22302.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 02-022PC
A RESOLUTION APPROVING A 16.2 FOOT VARIANCE FROM THE 36.2
FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A 576
SQUARE FOOT DETACHED GARAGE
#02-135 Wilson Variance
(j/{IL{e &l~A---
(
Connie Carlson
City of Prior Lake
Dated this 6th day of January, 2003
(City Seal)
"
1;ldeplWorklblankfnnltruccopy,doc
RESOLUTION 02-022PC
A RESOLUTION APPROVING A 16,2 FOOT VARIANCE FROM THE 36,2
FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A 576
SQUARE FOOT DETACHED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Landice Wilson has applied for a variance from the zoning ordinance for the
construction of a 576 square foot detached garage on property zoned R-1 (Low
Density Residential) and SD (Shoreland Overlay) at the following location, to wit;
16252 Lakeside Avenue, Prior Lake, MN, legally described as follows: Lot
23, Lakeside Park, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #02-135PC and held a hearing thereon on December 23,2002.
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 location of the existing single family dwelling and shape and size of the lot
dictate the placement of a garage. The topography of the site impacts the location
of any structure. A customary and legally permissible (reasonable) use within the
R-1 use district is a single family dwelling with a two stall garage. The property
currently only has a single family dwelling, so a reasonable use is not present on the
property.
5. The property exhibits extreme topography that constrains development of the
property, in particular limits the location of a garage. Although other lots on Prior
Lake have topography that constrain development, this particular property is
unique in that the location of the dwelling is positioned at the toe of the slope,
leaving a garage to be located between the top of the slope and Lakeside Avenue. If
1: \02files\02variances \02-135\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
the garage were to be shifted further from the front property line to maintain a
greater setback, the slope and garage stability may be further compromised.
6. The granting of the setback variance is necessary for the preservation and
enjoyment of a reasonable use of the property because without the relief the
applicant will not be able to construct a garage on the property.
7. One purpose of the zoning ordinance is to "provide adequate off-street parking and
loading facilities.>> The variance appears to be consistent with the intent of the
zoning ordinance, that is, to allow the storage of vehicles and other materials
within an enclosed structure. The property currently does not have a garage, and a
garage is customarily considered to be a reasonable use in residential zoning
districts.
8. The front yard setback variance will not serve as a convenience as there are no
other options for the construction of a garage on the property within the buildable
area. It is necessary to alleviate a demonstrable undue hardship - the property
cannot be put to a reasonable use if used as allowed by the R-l use district.
9. The hardship was created the topographic change from Lakeside Avenue to Prior
Lake along with the required 36.2 foot front yard setback. The property owner did
not create the difficulty.
10. The contents of Planning Case #02-135PC 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 detached garage, as shown on
Attachment 1 - Certificate of Survey:
1. A 16.2 foot variance from the 36.2 foot front yard setback to allow a 20 foot
front yard setback. (Section 1102.405 (4) Setback Requirements for
Residential Structures.)
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.
I: \02files \02variances \02-135\approve resolution. doc
2
3. The driveway shall be a maximum of 24 feet in width at the property line and meet
the 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal structure.
6. Impervious surface coverage shall not exceed 30 percent.
Adopted by the Board of Adjustment on December 23, 2002.
w~~~~r
r;;~ 1l
Donald R. R&o>unity Development Director
1: \02files \02variances \02-135\approve resolution.doc
3
SU~ PREPARED ,.OR:
LANI 'MLSON
16252 l.Al<ESlDE A\f:Nl)E
PRIOR LAKE. MH 55372
PH. (952) 447-8699
VALLEY SURVEYING CO.. P.A.
16670 F"RANKUN TRAIL SE. SUITE 230
PRIOR l.Al<E loiN. 55372
PH. (952) 447-2570
,.AX (952) 447-2571
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LEGAL DESCRIPTION AS PROVIDED,
Lot 23, LAKESIDE F'Afb<, Scott County. ~inne5ota
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LEGEND
G DENOTES X. ASH
8- OENOTtS x' BOX ELDER
8- OENOTtS X' CHERRY
(~ DENOTtS x' El"
G DENOTES X" LOCUST
..3r DENOTES x' "AFLE
~ OENOTES BRICK ..no
~ OENOTtS WOOD OECK
DENOTES WOOD RETAINING WALL
~ OENOTtS STONE RETAINING W'LL
OENOTtS ELEV' TlON CONTOUR
.,.., DENOTtS EXISnNG SPOT ELEVA nON
PROPOSED GARJS.GE
,.. ,.___.. .. '.'_ . : :, \' NUV 2 ZWZ ", >>'
1. ltt. on..totlon of tho. b.ar~ .,.-Iem i. bGMd on ItI. Hort"".I....)' lin. of Lot 2:3. lAK(SIlJ{ "ARI< _1'I;c:tI _". n ..
b...... of South J7 ..... 04 rnlnul.. 42 MCOftn (o.t. \u \ \: \1
2. No tI,1e JJGriI ... prO'M" far the "'''anJUan of Ih. eYNII)' to .....)' tho IltIJoI dMO'lotlorl or Ih. .1ri.tOl'lU 01 an)' .o.em....t. i l',l.,eoy ;...tIt)' th.t It'I,. 8uil~ ".-m.
...c:umcwone... s...r-,. ... lW~ by -- - ....- - ,
. ___ ._~...,ea; 01'10 thet 1 om Q dut,
J. 'The GrIlO of tI,e "OO..t)' a.crtJed h.eon Ie I.8n IQUcre f..t. Th. arllO of the prow-ty to O.-.otlan 904 . 9.108 square ,..t Lie..." lon. Sur...,ar 101M. the low. of
t"e 510tl of 1IIIl"...tO.
SURVEYORS NOTtS,
4. bi'IInQ utlltl-. _-.k.. an., I .. L. . .wet",.. '"._ "..~ __ locot... tith., physicoll'l'o frOl'" ..;.tinq record. J1lod.
o\lGlloble to u.. 01' by r"",,"t tntlrnon)l. Othw "t11III.. attd ......te. may b. pf.....t. v.mcoUon ond l<<:otlon of 011 ",tilt... on.
_often ltlould be ottlglfttd "om thl 0___ of thl r..oeU.,. utllt... prior to an, d..... ptannln9 ar "CO\IGtlon.
5. 80fQ4MAftK: b1.t1n4 eo.ement Floar at WIQIIlaut
DevaU... - 914.04 ,..1
:J8 - -17
"," - 95'S ..,".....c:" liI4t - !lO",2
Yin"".oto I.IC""H """"0... 10183
Dot.. thit! _ day of 2002
nltd ....11 1:01'"'."" 1/1/2002
Revhlld 10/10/02 to .... ".......
qcraq.
ATTACHMENt 1
RESOLUTION 02-022PC
A RESOLUTION APPROVING A 16.2 FOOT VARIANCE FROM THE 36.2
FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A 576
SQUARE FOOT DETACHED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Landice Wilson has applied for a variance from the zoning ordinance for the
construction of a 576 square foot detached garage on property zoned R-1 (Low
Density Residential) and SD (Shoreland Overlay) at the following location, to wit;
16252 Lakeside Avenue, Prior Lake, MN, legally described as follows: Lot
23, Lakeside Park, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #02-135PC and held a hearing thereon on December 23, 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 location of the existing single family dwelling and shape and size of the lot
dictate the placement of a garage. The topography of the site impacts the location
of any structure. A customary and legally permissible (reasonable) use within the
R-l use district is a single family dwelling with a two stall garage. The property
currently only has a single family dwelling, so a reasonable use is not present on the
property.
5. The property exhibits extreme topography that constrains development of the
property, in particular limits the location of a garage. Although other lots on Prior
Lake have topography that constrain development, this particular property is
unique in that the location of the dwelling is positioned at the toe of the slope,
leaving a garage to be located between the top of the slope and Lakeside Avenue. If
-
1: \02files\02variances\02-135\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
the garage were to be shifted further from the front property line to maintain a
greater setback, the slope and garage stability may be further compromised.
6. The granting of the setback variance is necessary for the preservation and
enjoyment of a reasonable use of the property because without the relief the
applicant will not be able to construct a garage on the property.
7. One purpose of the zoning ordinance is to "provide adequate off-street parking and
loading facilities." The variance appears to be consistent with the intent of the
zoning ordinance, that is, to allow the storage of vehicles and other materials
within an enclosed structure. The property currently does not have a garage, and a
garage is customarily considered to be a reasonable use in residential zoning
districts.
8. The front yard setback variance will not serve as a convenience as there are no
other options for the construction of a garage on the property within the buildable
area. It is necessary to alleviate a demonstrable undue hardship - the property
cannot be put to a reasonable use if used as allowed by the R-1 use district.
9. The hardship was created the topographic change from Lakeside Avenue to Prior
Lake along with the required 36.2 foot front yard setback. The property owner did
not create the difficulty.
10. The contents of Planning Case #02-135PC 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 detached garage, as shown on
Attachment 1 - Certificate of Survey:
1. A 16.2 foot variance from the 36.2 foot front yard setback to allow a 20 foot
front yard setback. (Section 1102.405 (4) Setback Requirements for
Residential Structures.)
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. .
1: \02files \02variances \02-135\approve resolution. doc
2
3. The driveway shall be a maximum of 24 feet in width at the property line and meet
the 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal structure.
6. Impervious surface coverage shall not exceed 30 percent.
Adopted by the Board of Adjustment on December 23,2002.
JJ:/~,J ~-d<J'-
William Criego, Actin~~ Chair
~TEST: t
L--tJ~dJ.
Donald R. RY:f/;, unity Development Ditectot
..
1: \o2files\02variances \02-135\approve resolution.doc 3
SURI/EY PREP AIlED F'DR:
LANI 'MLSON
18252 LAKESIDE A'mlUE
PRIOR LAKE. MN 55J72
PH. (952) 447-8899
VAUEY SURVEYING CO.. P.A.
16670 FRANKUN TRAIL SE. SUITE 2JO
PRIOR LAKE lotN. SSJ72
PH. (952) 447-2570
F'AX (952) 447-2571
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LEGEND
Go DENOTES x" ASH
8- DENOTtS x" BOX ELDE~
8- DENOTtS x" CHERRY
(~ DENOTtS x" El~
G OENOTES x" lOCUST
.~ DENOTES x. ~APLE
l.:'"
rIM DENOTES BRICK PAno
1-:::::- · DENOTtS WOOD DECK
r-~
DENOTES WOOD ~ETAlNING WALL
~ DENOTtS STONE RETAINING WALL
DENOTES ELEVA nON CONTOUR
~ ..., OENOTts EXlsnNG SPOT ELEVA nON
PROPOSED GARAGE
LEGAL DESCRIPTION AS PROVlDED,'
Lot 23. LAKESID~ PARK, Scott County. Minnesota
SU~V~.O::.~.~~S~f thl. ....,.. .,.,_ . ..... '" th. N",th~".." ,... .f L., 2J, .....EgDE .... ..... I. ..~m.. .. ..... : \ NUV 2 2WZ ': J i
b_I"9 of South 37 de9t... 04 mnvt.. 42 MCOftd. (OIL \ u ' \ ; J ~
1. No t1u. work wo. prooMM for th. IH'lI9on1Uon of th. ..."." to ....If)' the I~at deltCliotlon or th. ....tanu 01 any to.....~tl '1 I~.,eoy c.My IPlot IPl,. 9u.dift9 Perm,
tneurnttronCSL ~ "ot OfM)Ol"~')): I'PI. - .""- -}
.. __ _.u........__ ONd tPlat 1 13m a clutl'
J. 1M arM 01 Ut. ,""oo.t, dnctibtd It.eon I. '.87. .,or. I..t. lb. Gl'tG or ttte ~tl' to Drwallon 904 . 9,708 squate ,..t. lic..__ loond Sur.,.,.." ~.. the 10.' at
IPl. Stat. of ""'"noto.
4. EIlilUnq uUiti... ..,...ten 13nd . l. .tn.ctur.. Mowrt Pl....... ....,.. locattd eith.. Ith,wcolly. ~ ..i.tin9 records "..ode
awllable to u.. or by''''''' t..tmon,. 0Ul. vtlltln ond ......,. 1nO)' be p,...,t. V.lflcatlon and locatton of 011 utilU.. OflO
...... .ouId be obt_tId "am the own.... of the r...U... utllt.... prior to orI)' dui9". p6ann1n9 CIt pco...stlan.
5. B(MOlWAJa(: EJlstlnq BOIWMnt noar lit "out
D....tlon .. 914.04 ,..t
:Je - 11
111.. - 9518 r~"."c'" Iii_ - !3f)62
Wirt""ota lole..... H\lrt"OSt 10183
Dati'll! 'hit _ dO,. cf 2002
netd ..... Cortlo."ft 1/8/2002
""_ 10110/02 to tftoW pr~
';Ol"oq.
ATTACHMENt 1
ASSENT OF APPLICANT
~c
As Approved by Resolution # 02-022PC
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 ofthe terms and conditions of said Resolution.
3. I understand Section 1108.400 ofthe 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 UDon Occurrence of Certain Events. If the holder of a Variance fails
to make actual use of vacant land, or land and structures which were
existing when the Variance was issued and no new structure, alteration
or substantial repair to existing buildings was required; or if a new
structure was required by the Variance and no building permit has been
obtained, the Variance shall be deemed revoked and canceled upon the
occurrence of any of the following events:
(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\02-135\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.
/-/7.6 :3
DATE
~l
\... ,.f ' 1
L./" t / .1.,-", C .f) t..l/c..J;J~^J---
:sIGNATURE OF APPLICANT
("i!;Vl-'dU'JLFIJ., ~/t ~OL',r....
-SIGNATURE OF OWNER
16252 LAKESIDE AVENUE SE, PRIOR LAKE, MN
ADDRESS OF PROPERTY
L:\02FILES\02variances\02-135\Assent Form.DOC 2
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
CASE FILE:
INTRODUCTION:
PLANNING REPORT
5A
CONSIDER A VARIANCE FROM THE ZONING
ORDINANCE FOR THE CONSTRUCTION OF A 576
SQUARE FOOT DETACHED GARAGE
16252 LAKESIDE AVENUE
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
DECEMBER 23, 2002
02-135
Landice Wilson is requesting a variance from the zoning ordinance for the construction of a
576 square foot detached garage on property zoned R-l (Low Density Residential) and SD
(Shoreland Overlay District) and located at 16252 Lakeside Avenue (Lot 23, Lakeside Park).
The property is guided Urban Low/Medium Density Residential in the 2020 Comprehensive
Plan.
In order to construct the proposed addition to the dwelling shown on Attachment 3, the
following variance is required:
1. A 16.2 foot variance from the 36.2 foot average front yard setback to allow a 20 foot
setback (Section 1102.405 (4) Setback Requirements for Residential Structures.)
BACKGROUND:
The subject property is a riparian lot on Prior Lake. A single family dwelling, constructed in
1957, currently occupies the site. The property was platted as Lot 23, Lakeside Park in 1921.
The lot is 9,708 square feet in area and 50 feet in width. A garage is not present on the
property.
Setback variances have been granted to this property in the past. In 1981, a 4.5 foot side
yard setback variance was granted for the construction of a deck and a 1.5 foot side yard
setback variance for a kitchen addition. Also, in 1985, a 7 foot side yard setback variance
was approved for a deck.
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 -Wilson Variance
December 23, 2002
Page 2
According to the survey, the existing dwelling is set back approximately 60 feet from the
property line abutting Lakeside Avenue and is 86.8 feet from the ordinary high water level of
Prior Lake (904'). Off-street parking is currently provided on a gravel surface between the
dwelling and Lakeside Avenue. A concrete block retaining wall supports the gravel parking
surface and the elevation change between the off-street parking and dwelling.
The site exhibits extreme topography from Lakeside Avenue (938') to Prior Lake (904').
The elevation change between the house and the gravel parking area results in an average
slope of approximately 28 percent. The zoning ordinance defines a bluff as a topographic
feature that exhibits a grade from the toe of the bluff to a point 25 feet or more above the
ordinary high water level of Prior Lake that averages 30 percent or more. The average slope
for the subject site was determined by measuring the elevation change at three points. As is
evident by the picture below, the only portion of the dwelling visible from Lakeside Avenue
is the roof.
DISCUSSION:
The applicant would like
to construct a 24 foot by
24 foot (576 sq. ft.)
detached accessory
structure on the property.
The detached garage is
proposed to be set back
20 feet from the front
property line, 6 feet from
the north property line
(side), 15 feet from the
south property line (side),
and 16 feet from the
dwelling. Elevation plans
depicting the appearance
of the garage where not submitted with the application, but the applicant has stated that the
garage will have one, double door and will be compatible in appearance to the existing
dwelling.
The zoning ordinance requires the front yard setback to be a minimum of 25 feet in the R-1
use district. However, the ordinance allows the setback to be the average of other structures
within 150 feet on the same block front, with the setback being a minimum of 20 feet and a
maximum of 50 feet. In this instance, the minimum front yard setback is required to be 36.2
feet.
Side yard setbacks on nonconforming shoreland lots of record are permitted to be a
minimum of 5 feet provided that that sum of the side yards is 15 feet and a minimum
separation of 15 feet is maintained from structures on adjacent lots. No yard encroachments
(i.e., eaves, gutters, and basement egress windows) are permitted with a 5 foot setback. The
L_~~-
L:\02FILES\02variances \02-135\PC Report.DOT
] .~._._...-_._'
Planning Report -Wilson Variance
December 23, 2002
Page 3
proposed side yard setback on the north is 6 feet, thus the eave would be limited to one foot
in order to meet the 5 foot setback.
On shoreland lots, detached accessory structures are permitted between the front building
wall and the street offering access to the lot provided it complies with required front and
side yard setbacks and is compatible in design and materials with the principal structure.
The proposed garage meets all required setbacks, except for the front yard. It will be a
condition of approval that the garage is compatible in appearance with existing dwelling,
since plans have not yet been prepared. Also, detached accessory structures in residential
use districts are limited to 832 square feet in area. The proposal is only 576 square feet, so it
is in compliance.
In the R -1 use district, a single family dwelling is a permitted use, and a detached private
garage is an accessory use. A private garage is defined as "a det:adxrl a.......:..,,JIv, j building ar portim
if the y' ~u.;pal buildinguhU:h is situated on the same lot as the y' ~u.;pal building used primarily far ;'WI ~~
{{AJWI ~les..." The zoning ordinance requires a minimwn of 2 parking stalls for a single
family dwelling. The site currently has parking on an open gravel surface. Although the
zoning ordinance does not require parking for a single family dwelling to be completely
enclosed, a two-stall garage is customarily considered a reasonable use in a residential use
district, particularly in Minnesota.
The existing impervious surface coverage is 26.8 percent and the proposed impervious
surface is 28.5 percent. As a condition of approval, staff is recommending that the existing
driveway be reduced to 24 feet in width for two reasons: (1) to comply with the maximwn
24 foot driveway standard for residential properties and (2) to reduce the overall amount of
impervious surface on the site. Impervious surface is limited to 30 percent on properties
within the shoreland overlay district. The driveway should also comply with the minimum 5
foot side yard setback.
Annlicant's Perceived Hardshin~
The applicant contends that "there are several reasons for the request: First, there is no
garage on the property at this time. Second, by building a garage with the current setback
requirement, the garage would be very close to the house. There is already an existing water
drainage problem in the basement on the end of the house proposed for a garage. This is
the only side the garage can be built on because building it on the other side would obstruct
access to the front door. Third, due to the steep slope of the land toward the house,
construction would be less costly the closer to the road it could be built. Fourth, in the past
few months I've had a car damaged by a hit and run driver and a boat trailer stolen because
they were sitting outside. I would like to be able to protect my property by storing it in a
garage. "
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:
L: \02FILES\02variances \02-135\PC ReportDOT
Planning Report -Wilson Variance
December 23, 2002
Page 4
1. Where by reason of na.......wness, 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 location of the existing single family dwelling and shape and size of the lot dictate
the placement of a garage. Furthermore, the topography of the site impacts the location
of any structure.
A customcuy and legally permissible (reasonable) use within the R-l use district is a single
family dwelling with a two stall garage. The property currently only has a single family
dwelling, so a reasonable use is not present on the property.
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 property exhibits extreme topography that constrains development of the property,
in particular limits the location of a garage. Although other lots on Prior Lake have
topography that constrain development, this particular property is unique in that the
location of the dwelling is positioned at the toe of the slope, leaving a garage to be
located at the top of the slope and Lakeside Avenue. If the garage were to be shifted
further from the front property line to maintain a greater setback, the slope and garage
stability may be further compromised.
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 setback variance is necessary for the preservation and enjoyment of a
reasonable use of the property because without the relief the applicant will not be able to
construct a garage on the property.
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 fae, or endanger the public safety.
The setback variance will not impair an adequate supply of light and air to adjacent
property or negatively impact public safety.
5. The granting of the Variance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair established
property values in the surrounding area, or in any other way impair the health,
safety, and comfort of the area.
L:\02FILES\02variances \02-13S\PC Report.DOT
Planning Report -Wilson Variance
December 23, 2002
Page S
Relief from the setback provision of the zoning ordinance will not unreasonably impact
the character and development of the Lakeside Avenue neighborhood. Detached
garages are a customary accessory use within that and other single family residential
neighborhoods within Prior Lake.
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 "provide adequate off-strret parking and loading
facilities.>> The variance appears to be consistent with the intent of the zoning ordinance,
that is, to allow the storage of vehicles and other materials within an enclosed structure.
The property currently does not have a garage, and a garage is customarily considered to
be a reasonable use in residential zoning districts.
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 front yard setback variance is not a convenience as there are no other options for
the construction of a garage on the property within the buildable area. It is necessary to
alleviate a demonstrable undue hardship - the property cannot be put to a reasonable
use as allowed in the R -1 use district.
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 difficulty was created by the topographic change from Lakeside Avenue to Prior
Lake together with the required 36.2 foot front yard setback. The property owner did
not create the difficulty.
9. Increased development or construction costs or economic hardship alone shall
not be grounds for granting a Variance.
Economic considerations are not the basis for the variance request.
CONCLUSION:
The applicant would like to construct a 24 foot by 24 foot (576 square feet) detached garage
on property zoned R-1 and SD. In order to do such, a 16.2 foot variance from the 36.2 foot
required average front yard setback is required.
The property currently does not have a garage and therefore does not have a reasonable use.
The topography of the site along with the required 36.2 foot front yard setback make
constructing a detached garage difficult on the property. Staff supports the requested
variance because the applicant has demonstrated a hardship and a reasonable use is not
present on the property.
L: \02FILES\02variances \02-13S\PC ReportDOT
Planning Report -Wilson Variance
December 23, 2002
Page 6
ALTERNATIVES:
1. Approve the variance requested by the applicant, or approve any variance the Planning
Commission deems appropriate in the circwnstances.
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. In this case, the Planning Commission should
direct staff to prepare a resolution with findings denying the variance.
RECOMMENDATION:
Staff reconunends approval of the 16.2 foot variance from the 36.2 foot average front yard
setback for the construction of a detached garage, 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.
3. The driveway shall be a maximum of 24 feet in width at the property line and meet the
minimum 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal structure.
6. Impervious surface coverage shall not exceed 30 percent.
ACTION REOUIRED:
This request requires the following motion:
1. A motion and second adopting Resolution 02-022PC for a 16.2 foot variance from the
required 36.2 foot front yard setback for the construction of a detached garage.
ATTACHMENTS:
1. Resolution 02-022PC
2. Location map
3. Applicant's letter
4. Survey
5. Applicable regulation
L:\02FILES\02variances\02-135\PC Report.DOT
ATTACHMENT 1
RESOLUTION 02-022PC
A RESOLUTION APPROVING A 16.2 FOOT VARIANCE FROM THE 36.2
FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A 576
SQUARE FOOT DETACHED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Landice Wilson has applied for a variance from the zoning ordinance for the
construction of a 576 square foot detached garage on property zoned R-1 (Low
Density Residential) and SD (Shoreland Overlay) at the following location, to wit;
16252 Lakeside Avenue, Prior Lake, MN, legally described as follows: Lot
23, Lakeside Park, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #02-135PC and held a hearing thereon on December 23,2002.
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 location of the existing single family dwelling and shape and size of the lot
dictate the placement of a garage. The topography of the site impacts the location
of any structure. A customary and legally permissible (reasonable) use within the
R-1 use district is a single family dwelling with a two stall garage. The property
currently only has a single family dwelling, so a reasonable use is not present on the
property.
5. The property exhibits extreme topography that constrains development of the
property, in particular limits the location of a garage. Although other lots on Prior
Lake have topography that constrain development, this particular property is
unique in that the location of the dwelling is positioned at the toe of the slope,
leaving a garage to be located between the top of the slope and Lakeside Avenue. If
1: \02files\02variances\02-135\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
the garage were to be shifted further from the front property line to maintain a
greater setback, the slope and garage stability may be further compromised.
6. The granting of the setback variance is necessary for the preservation and
enjoyment of a reasonable use of the property because without the relief the
applicant will not be able to construct a garage on the property.
7. One purpose of the zoning ordinance is to "provide adequate off-street parking and
loading facilities." The variance appears to be consistent with the intent of the
zoning ordinance, that is, to allow the storage of vehicles and other materials
within an enclosed structure. The property currently does not have a garage, and a
garage is customarily considered to be a reasonable use in residential zoning
districts.
8. The front yard setback variance will not serve as a convenience as there are no
other options for the construction of a garage on the property within the buildable
area. It is necessary to alleviate a demonstrable undue hardship - the property
cannot be put to a reasonable use if used as allowed by the R-l use district.
9. The hardship was created the topographic change from Lakeside Avenue to Prior
Lake along with the required 36.2 foot front yard setback. The property owner did
not create the difficulty.
10. The contents of Planning Case #02-135PC 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 detached garage, as shown on
Attachment 1 - Certificate of Survey:
1. A 16.2 foot variance from the 36.2 foot front yard setback to allow a 20 foot
front yard setback. (Section 1102.405 (4) Setback Requirements for
Residential Structures.)
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.
1: \02files \02variances \02-135\approve resolution.doc
2
3. The driveway shall be a maximum of 24 feet in width at the property line and meet
the 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal structure.
6. Impervious surface coverage shall not exceed 30 percent.
Adopted by the Board of Adjustment on December 23, 2002.
Anthony J. Stamson, Commission Chair
ATTEST:
Donald R. Rye, Community Development Director
1: \02files \02variances \02-135\approve resolution.doc
3
SURIlEY PREPARED fOR:
LANI WILSON
16252 LAKESIDE AIlENUE
PRIOR LAKE. MN 55372
PH. (952) 447-8699
VALLEY SURVEYING CO., P.A.
16670 fRANKLIN TRAIL SE. SUITE 230
PRIOR LAKE MN. 55372
PH. (952) 447-2570
fAX (952) 447-2571
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LEGAL DESCRIPTlON AS PROVIDED'
Let 23, LAKESIDE PARK, Scott County. Minnesota
SCALE IN rEET
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SUR\I!:YORS NOn:S, ' ;1 (, NUV 2 12W'l ,:,'Ji
1. The orientation of this beOl'i"9 1)tI1.-n ;. bcrHd on the North"stlltl)' liu of Lot 23, LAKESIDE PARK which i. o.....rned 10 hove 0': '.\ :
bearing of South J7 d.9r... 04 mnut.. 42 MCond, Eo,t. : U \ \ I
2. No t1t1ti work wa. prcMded for the prlpORlUon of thr. Mlr\lWy to \Wlfy the IltIJoI d..crlptlon Of th. ..I.tance of any ,a..-n.,..t. art 1'1~~lf'tj'y that Ihi. Buildin9 Perm;
enalfnbronc... L ~~ _~~~.~;!:;;d~h;;'I:m'A:-;\M;'
J. The or" of ttle prop...ty dnctbed h...on II 9.8n ~ore reet. The orIG of tne pr~ty to E1evotlon 904 .. 9.708 ,quare teet. licensed land SurYtl)'Ot' IInd... the 10"1 of
the State of ",""esota.
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4. Exi.t1ru~ utRIU.., .....,(c.. and underQrOUl'ld .wch... lIhaWfl hereon ...... located .ith.. phpicolly. from ..(,t;"9 reeord:l mode
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[I_tlon .. 914.04 feet
Minne.ota Ucen.. Numb... 10183
Doted thi. _ day of ___ 2002
fIeld "",,,Ie complet.d 6;8/2002
Reviled 10/10/02 to tl'tow propollld
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Planning Department
City of Prior Lake
16200 Eagle Creek Ave SE
Prior Lake, Minnesota 55372-1714
Dear Planning Commission,
Enclosed is an application for a 20 foot variance in order to place a 24' X 24'
detached garage 5 feet closer to the road than the city zoning ordinance permits.
There are several reasons for this request: First; there is no garage on the property at
this time. Second; by building a garage with the current setback requirements, the
garage would be very close to the house. There is already and existing water drainage
problem in the basement on the end of the house proposed for a garage. This is the
only side the garage can be built on because building it on the other side would obstruct
access to the front door. Third; due to the steep slope of the land toward the house,
construction would be less costly the closer to the road it could be built. Fourth; in the
past few months I've had a car damaged by a hit and run driver and a boat trailer stolen
because they were sitting outside. I would like to be able to protect my property by
storing it in a garage.
Although the enclosed radius map will show that no structures in the immediate vicinity
of my property are closer to the road than 25 feet, there are a few structures on that
short stretch of Lakeside Avenue that are closer. Furthermore, this garage and
subsequent landscaping will improve the appearance of the property where there is now
a gravel parking area, weeds, and an old cement block wall.
I have enclosed the following required items to help you with your decision:
.,j 1. This letter
.,j 2. Zoning/Land Use Application, including checklist
.,j 3. Radius map, list, and 2 sets of mailing labels
.,j 4. Letter signed by abstract company
.,j 5. 10 full-scale copies of survey
.,j 6. 10 11'')(17'' copies of survey
.,j 7. Impervious surface report
.,j 8. Check for $150.00
If you have any questions please contact me at:
home: (952) 447-8699
work: (952) 826-6718
Sincerely,
^ / . _ _ \ /, !/.L<J I '7-/'-1
C{C-vY1.aVvLu vv~ v
Landice Wilson
APPLICANT'S LETTER
SURVEY PREPARED fOR:
LANI WILSON
16252 l.Al<ESlDE AVENUE
PRIOR LAKE. MN 55372
PH. (952) 447-8699
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE, SUITE 230
PRIOR LAKE MN. 55372
PH. (952) 447-2570
FAX (952) 447-2571
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LEGAL DESCRIP110N AS PROVIDED,
Lot 23. LAKESIDE PARK, Scott County. Minnesota
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SU~V~:,O:~M~'~~S~, !hI, '_In" ,,.,~ Is ...... M 'h, N~!h..,t_l, IIn, .f Lot 23. ....E91l[ .... .hl<h ;, .,~m" ,. h.~ . : 1\' NLJV 2 2lXl2 ~ J I
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J. Th. areo of the prap<<t, daetb" h.-eon I, 9.8715 ~ar' flIt. Th. arto of the pl'Ot:/.-t, to ElevatIOn 904 . iJ.7015 square ,..1. l1c.".d land Sur~ undlf the 10.' of
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4. ElOftlng !.Itill., ......c.. and ~d .tructur.. mown h..eon _II locoted .ith.. ph,.c:olly. Irom ..i.timiJ reeOl'"d. mctdll
owlloble to u.. or by r-.!d..,1 I..tlman,. Othw IItlllll.. ond ...-..lee moy be pr...,I. V.lf\c:atloo ond laeollan of all utllU.. ond
..."4k:fl IIItculd be obtolrllld from th, own..a of Ih' rlllpllCUW uti'"" prior to an)' dnlqrl. plannln9 or ..covotlon.
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E1evoUon .. 114.04 'HI
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III" - 9518 r.IPf...,C<!' iii.. - a082
"",2 -tiURVEY
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.
~
(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.)
12,000
Lot Width (ft.)
86
Front Yard (ft.)
25
Side Yard (ft.)
10
Rear Yard (ft.)
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
. APPlICABLl: REGULATIONS
l102/p14
May 22,1999
Approved Plans
L:\TEMPLA TE\FILEINFO.DOC
I)
CITY OF PRIOR LAKE
'2:~+r.. ~ Impervious Surface Calculations ; ~( NOV 2 , ~
~ . (To be Submitted with Building Permit Application) , .1 \ \
For All Properties Located in the Shoreland Distti:SD.)
The Maximumlmpervious Surface Coverage Pelmitte .'n ~o Percent.
_J
Property Address \lo'Z..S'Z-
~\(e~,k. 1\"-et\'H~
Lot Area 9,10<<3 -\-oE\....QP4..0 Sq. FeeL x 30% =.............. "'Z..C\ \'2..
*-***********************************************************************
LENGTH
WIDTH
HOUSE
x
x
x
=
SQ. FEET
\42S
=
ATTACHED GARAGE
=
TOTAL PRINCIPLE. STRUCTURE......................
\'425
DETACHED BLDGS
( Garage/Shed)
x
x
TOTAL DETACHED BUILDINGS.......................
Ga.~v~
DRIVEW A YIP AVED AREAS
'(Driveway-paved or not)
(Sidewa~Parking. Areas)
x = '\bS .~I
x =
X = \ '5",--,
TOTAL PAVED 'AREAS.........................................
lor:."
P ATlaS/PORCHES/DECKS
(Open Decks '/." min. opening between
boards, with a pervious surface below,
are not considered to be impervious)
~M\O
X
X
=
\ '"2...0
x
=
'.
TotAL DECKS........................................................
\ -z...o
OTHER
"p
x
X
=
=
T'OTAL. OTHER.......................................................
TOTAL IMPERVIOUS SURFACE "'2..toO"i. I
~OVER ~\O I
~repared By ~1We. ~'\ ..~ Date "I ~ 'Z..l# ~ 0"2-
Company ,,~\ -e... t:S\I"/l.~\~ Ca., t> IX. Phone # I.\U1~-z.r;.10
0). .
. ~~/y.>~.~
rr:_."'-"";~~~. "E2 r": ',-' t._~..:,.
.[1....." ,c;-\.9tc::'" '-~. _"
C. ITY OF PRIOR LAKE ;; I; rF .... -::..-.-
, , V/I
IInpervious Surface Calculations i, '\\: NOV2 I 2002
(To be ~ubmitted with B,uilding Permit Applicatio~) .: I ,t\.; ____ u.__
For AllPropertles Located In the Shoreland DlstnC}\SlJ). '
The Maximum Impervious Surface Coverage Permitted in jU t'ercenC-----.~.-..
Property Address tv> "1-?~ L~~,~.e-'~\H.Y\\to(..
Lot Areaq~10e~~L. "o\l.(L Sq. Feet x 30% = ..............--2 ~ \"2-
*************.**************************************************.***~***
LENGTH
HOUSE
x
=
SQ. FEET
\4",c;
WIDTH
A TT ACHED. GARAGE
x
x
=
=
ef'Of~~ .
DETRCHEDBLDGS
'(Garage/Shed)
TOTAL PRINCIPLE STRUCTURE......................
\ 4'2.S
'"Z. 't x 24
X
i5,\o
N.~P("o (H>wD . '
ORIVEW A Y /P A VED AREAS
TOTAL DETACHED BUILDINGS.......................
r; 1 \.p
I
(Driveway-paved or not)
(Sidewalk/Parking Areas)
X = t:J'o-h
X =
X = \ S'2-
'1,1
TOTAL PAVED AREAS......................................... l.c4t?
PATIOS/PORCHES/DECKS JM~()
(Open Decks \1.," min. opening between
boards, with a pervious surface below,
are not considered to be impervious)
x
X
=
\~o
X
=
TOTAL DECKS............................................. ............
\'-.0
OTHER
...
X
X
=
=
TOTAL OTHER............................................ ...........
TOT ALIMPERVIOUSSURF ACE
(6Nb~VER .'
prepmedBy,~~~1<~
Company~~ ~~"~~.W\. ,.. ~. .~~.
Nl)~~: ~~. e~op~~eod~\~~ . ... . ~\\t'o-e..
?() f::>(o .. ~~~'("'\I'IO-")~ .'S \.\ f" ~ ~-a..~.
1'2..11~ I
I \'3te> I .
Date q....7. (, -0"'2--
Phone # 44i"'~"t)
V\^. 0 J ~.c\~Jl . +0. b-e.-.\J "j)~1tZ... ~
L "SO ~q.-++-. \-c~~ 4-"",u,,, ,,",i.'\~Cl{~\\S<)
::;:,\ ~ @ I? n ~7 ~-; r'"
\ ~ ' \1 --~~-' .-----
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ii[\\! t<<W 2 I.
1. The orientation of this bearing s)'Stem is based on the Northeasterly line of Lot 2.3, LAKESIDE PARK which is assumed to hov Ii ~ \ \ :,
beoring of South .37 degrees 04 minutes 42 eeconds East. U U
2, No title workwos provided for the preparation of this survey to verify the legal description or the exlstanoe of any easement: or ~ hereby certifyth~.t this Building P~nit
encumbrances. '" .._0,' r"-",'-'''''''' .JY illig VI Jlluer my
direct supervfslon and that I am a duly
Licensed Land Surveyor under the laws of
the State of Minnesota,
SURVEY PREPARED FOR:
LANI WILSON
16252 LAKESIDE AVENUE
PRIOR LAKE, MN 55372
PH. (952) 447-8699
VALLEY SURVEYING CO.. P.A.
16670 FRANKLIN TRAIL SE. SUITE 230
PRIOR LAKE MN. 55372
PH, (952) 447-2570
FAX (952) 447-2571
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LEGAL DESCRIPTION AS PROVIDED:
Lot 23, LAKESIDE PARK, Scott County, Minnesota
N
SURVEYORS NOTES:
20
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--
SCALE IN FEET
. DENOTES IRON MONUMENT FOUND
40
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.3. The area of the property described hereon Is 9,676 square feet. The area of the property to Elevation 904 = 9.708 square feet.
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LEGEND
'8 DENOTES X" ASH
& DENOTES X" BOX ELDER
8' DENOTES X" CHERRY
8 DENOTES X" ELM
(3 DENOTES X" LOCUST
<3 DENOTES X" MAPLE
.. DENOTES BRICK PATIO
~ DENOTES WOOD DECK
"~.-...-.J DENOTES WOOD RETAINING WALL
...;...;-~.3 DENOTES STONE RETAINING WALL
-,,.- DENOTES ELEVATION CONTOUR
""'2 DENOTES EXISTING SPOT ELEVA 11 ON
1\)
o DE:NOTES 1/2"x14' IRON MONUMENT sn
AND MARKED BY LICENSE NO. 1018.3
4. Existing utilities, eerllices and underground etructures shown hereon were locoted either physically, from existing records made
available to us, or by resident testimony, Other utilities and service may be present. Verlf1catlan and location of 011 utilities and
servfces should be obtaIned from the owners of the respective utilities prior to any design, planning or excavation.
5. BENCHMARK: Exlstlng Basement Floor at Wolkout
Elevation - 91+,04 feet
238 - 47
file - 9518 reference file - 8082
Minne.oto License Number 1018.3
Doted this _ day of , 2002
Field work completed 6/6/2002
Revfsed 10/10/02 to show proposed
garage
9518r2.dwg
SURVEY PREPARED FOR:
LANI WI LSON
16252 LAKESIDE AVENUE
PRIOR LAKE, MN 55372
PH. (952) 447-8699
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE. SUITE 230
PRIOR LAKE MN. 55372
PH. (952) 447-2570
FAX (952) 447-2571
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~ LEGEND
8- DENOTES x" ASH
8x DENOTES x" BOX ELDER
8, DENOTES x" CHERRY
(3 DENOTES x" ELM
G DENOTES x" LOCUST
8> DENOTES x" MAPLE
..
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DENOTES BRICK PAllO
DENOTES WOOD DECK
DENOTES WOOD RETAINING WALL
,,<-
DENOTES STONE RETAINING WALL
DENOTES ELEVATION CONTOUR
DENOTES EXISllNG SPOT ELEVAllON
'i.;...;_-,,-,-,~
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LEGAL DESCRIPTION AS PROVIDED:
Lot 23, LAKESIDE PARK, Scott County, Minnesota
SURVEYORS NOTES:
3. The area of the property described hereon Is 9.676 square feet. The area of the property to Elevation 904 = 9.708 square feet.
\ I-~' ': NOV 2 I mil 1:'\
, I 'l5/
J I ~rebY certify that this Building I Permi
Survey was pr.pare~ hY, '11" ,.- "~i
-.:~. . _ ~ .......,..~, nl:ll.on and that I om a duly
Licensed Land Surveyor under the laws of
the State of Minnesota.
o 20
~-~
--
SCALE IN FEET
. DENOTES IRON MONUMENT FOUND
40
I
60
I
I
1. The orientation of this bearing system is based on the Northeasterly line of Lot 23, LAKESIDE PARK which is assumed to have 0
bearing of South 37 degrees 04 minutes 42 seconds East.
2. No title work was provided for ths prsparatlon of this survsy to verify the Isgal deecriptlon or the exlstance of any sosements or
encumbrances.
o DE:NOTES 1/2"x14" IRON MONUMENT SET
AND MARKED BY LICENSE NO. 10183
4. Existing utilities, services and underground structures shown hereon were located either physically, from existing records made
ovalloble to us, or by resldsnt testimony, Other utilities and service may bs present. Verification and location of all utilities and
services should be obtained from the owners of the respective utilities prior to any design, planning or excavation.
5. BENCHMARK: Existing Basement Floor at Walkout
Elevation - 914.04 feet
Minnesota License Number 10183
Dated this _ day of _. 2002
Field work completed 6/6/2002
Rsvlsed 10/10/02 to show proposed
garags
23B - 47
file - 9518 reference file - 8082
9518r2.dwg
llEAlU~G
~O'l"lCES
..
L:\TEMPLA TE\FILEINFO.DOC
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
iliAW~ (1 fit" 9 11 M ofthe City of Prior Lake County of Scott, State of
Minnesota, bei~u~Xw:rn, says on the l7Jl.- day of"Wi . , 20D2, she served
fr.e attached list of E,ersons. toj}.ave an interest in the ~ {?~./
~ Air~_ OL- , "h S , by mailing to them 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\l',IAILAFFD.DOC
NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE
ZONING ORDINANCE FOR THE CONSTRUCTION OF DETACHED
GARAGE
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,
December 23, 2002, at 6:30 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting variances from the zoning ordinance
for the construction of a 576 square foot detached garage.
APPLICANT:
Landice Wilson
SUBJECT SITE:
16252 Lakeside Avenue, Prior Lake, MN, legally described as
Lot 23, 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 12th 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 December 12,2002.
L: \02FILES\02variances \02-13S\Mailed 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
Property 0Nners Within 350'
of Wilson Variance
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SURVEY PREPARED fOR:
LANI WILSON
16252 LAKESIDE AVENUE
PRIOR LAKE. IAN 55372
PH, (952) 447-8699
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE. SUITE 230
PRIOR LAKE IAN. 55372
PH. (952) 447-2570
FAX (952) 447-2571
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LEGEND
(:) DENOTES X. ASH
Co.'}. DENOTES X" 80X ELDER
8, DENOTES X. CHERRY
(:3 DENOTES X" ELM
G DENOTES X. LOCUST
(~ DENOTES X. MAPLE
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~ DENOTES WOOD DECK
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---"; DENOTES STONE RETAINING WALL
DENOTES ELEVA nON CONTOUR
. ..,.~ DENOTES EXISllNG SPOT ELEVATION
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':':.:.:.:.:.: PROPOSED GARAGE
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LEGAL DESCRIPTION AS PROVIDED:
Lot 23. lAKESIDE PARK, Scott County, Minnesota
SCALE IN FEET
. DENOlES IRON MONUMENT FOUND
o 0DI0TES 1/2~l(14. IRON MONUMENT SET
AND MARKED BY lJC[NS[ NO. 10183
" I :
SURVEYORS NOTES: '; 'I (, NU\! 2 I 2OO'l '~J
,. Th. orientation of \hIe bwring lI)Wtem. balled on the North.aet.-I)' lln. of lot 23, lAKESIDE PARK ..midi ill olsumtld to how 011 \\ ) J'
bear),,9 of South 31 devrHI 04 mlnut.. 42 HCondt Ea.t. \ U \ \ \ _
2. No tit... wot1l; wo. prO\4ded ~ the preparotlon of ""iii lIUn1Iy to ....'1)' the I-Vol de~Uon Of the ,llI,tance of any '0'''''''''\' i l~~ certify thqt. this Buldlng Perml
.,..cumbranc,.. Survey WOl pr~~ lu( ..... ..,. "R.I,... -
.. __..,,, 1.l4r1- lIrii that I am 0 duty
3. The orea of the prop.-t)' dftcrb,d h.eon II I,on lqUare felt. The area of the prop.ty to Dewtlon 904 .. 9,708 squore reet. Llc.,....d LOI'ld SUr....yor undet the lowI of
the Stot. of "Innlloto.
6Q
----j
4. blst:! uUltlel, lervlc.. and undlll"9round structurft shown hereon were located 11th... ph~call}'. from ,.iltinQ records mode
::'~ce: ~~~: ~t=:-n~~.~~ :~H~~::C~ ~t-::~~'t:r~~-=. ~:::lnC;~lo,e:c~:t~.oIl uUltln Gnd
~. 8ENCHWARK: E~II=1~0~~~~~~'::tot walkout
Minnllota L1cen.. Number 10183
Doted thlfl _ day of _~_ 2002
field work completed 0/0/2002
Rewed 10/10/02 to ....ow propoaed
gora!}e
23B - .n
III... - 9$18 reofPl...ncl!' filA -" 8082
951812dwg
PID
SHSRTN
SHHOUS
SHSTRE
250960190 ANDERSON,WA YNE R & CAROL A 16186
LAKESIDE AV SE
250960092 BETZ,STEPHEN M & DIANNE L 16194
LAKESIDE AVE SE
-250960191 BETZ,STEPHEN M & DIANNE L 16194
LAKESIDE AVE SE
250960191 BETZ,STEPHEN M & DIANNE L 16194
LAKESIDE AVE SE
250960170 DOLBY,BARNEY 0 & KAREN
16204
LAKESIDE AVE SE
250960170 DOLBY,BARNEY 0 & KAREN
16204
LAKESIDE AVE SE
250960170 DOLBY,BARNEY 0 & KAREN 16204 LAKESIDE AVE SE
-- -
250960150 ARKO,DAVID R 16220 LAKESIDE AVE SE
250960150 ARKO,DAVID R 16220 LAKESIDE AVE SE
250960150 ARKO,DAVID R 16220 LAKESIDE AVE SE
250960140 LORINSER,MICHAELL & KAREN L 16236 'LAKESIDE AVE SE
250960140 LORINSER,MICHAEL L & KAREN L 16236 LAKESIDE AVE SE
250060340 KING,STEVEN N & DORIS M 16175 LAKESIDE SE
250060340 KING,STEVEN N & DORIS M 16175 LAKESIDE SE
250060330 EDEKER,ALLAN 0 & LORELEI M 16195 LAKESIDE AVE SE
250060330 EDEKER,ALLAN 0 & LORELEI M 16195 LAKESIDE AVE SE
250960130 FISCHBACH,MICHAEL & KENDELL 84 W DUCK POND DR
250060330 EDEKER,ALLAN 0 & LORELEI M 16195-- -LAKESIDE AVE SE
250960120 WILSON,LANDICE 0 16252 LAKESIDE AVE S
250060321 BEAM,LANA M 4122 COLORADO ST SE
250960110 LAPORTE,DAVIDL& JANE K '16264 LAKESIDE AVE SE
250960110 LAPORTE,DAVID L & JANE K 16264 LAKESIDE AVE SE
250060320 BEAM,LANA M -~ 4122 COLORADO ST SE
SHCITY
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
'PRIOR LAKE
WEST ST PAUL
PRIOR LAKE
PRIOR LAKE
PRIOR LAKE
PRIORLAKE
PRIOR LAKE
PRIOR LAKE
S SHZI HOUSGS STREGS
M 55372
16186 LAKESIDE
M 55372
o
M 55372
16194 LAKESIDE
M 55372
16194 LAKESIDE
M 55372
16204 LAKESIDE
M 55372
16204 LAKESIDE
M 55372 16204 LAKESIDE
M 55372 16220 LAKESIDE
M 55372 16220 LAKESIDE
-~
M 55372 16220 LAKESIDE
M 55372 16236 LAKESIDE
'M----ssm ---~ LAKESIDE
M 55372 16175 LAKESIDE
M 55372 '--16175 LAK!$IDE
M 55372 16195 LAKESIDE
M 55372 16195 LAKESIDE
M 55118 16244 LAKESIDE
M55IT7~ 16195 LAKESIDE
M 55372 16252 LAKESIDE
M 55372 4122 COLORADO
M 55372 16264 LAKESIDE
M 55372 16264 LAKESIDE
~ ~-~ ~._----.-~
M 55372 0
STT A PRPLA T
PR. PR LEGAL1
~ LYING W OF E 5' & PIO LOT 32 LYING E
OF LINE COM 23' E OF SW COR, N'ERL Y
TO PT 6.13' E OF NW COR & THERE
33 TERMINATNG
LYING W OF LINE COM 23' E OF SW
COR, N'ERL Y TO PT 6.13' E OF NW COR
32 & THERE TERMINATING.
& PIO 30 LYING E OF LINE COM SE COR,
NW TO PT ON SHORE L1NE15' NE OF NW
31 COR.
- & PIO 30 LYING E OF LINE COM SE COR.
NW TO PT ON SHORE L1NE15' NE OF NW
31 COR.
AV S PLAT-25096 LAKESIDE PARK
PLAT-25096 LAKESIDE PARK
AV S PLAT-25096 LAKESIDE PARK
AV S PLAT-25096 LAKESIDE PARK
AV S PLAT-25096 LAKESIDE PARK
28
EX W 12' & LOTS 29 & 30 LYING W OF
LINE COM SE COR, NW TO PTON SHORE
DESCR. AS COM SW COR,N'ERL Y
ALONG W LINE 150.5', NE15' TO PT
AV S PLAT-25096 LAKESIDE PARK
28
EXW 12' & LOTS 29&30 LYING WOF
LINE COM SE COR, NW TO PTON SHORE
DESCR. AS COM SW COR,N'ERL Y
ALONG W LINE 150.5', NE15' TO PT
AV S PLAT-25096 LAKESIDE PARK
AV S PLAT-25096 LAKESIDE PARK
AV S PLAT-25096 LAKESIDE PARK
AV S PLAT-25096 LAKESIDE PARK
AV S PLAT-25096 LAKESIDE PARK
AV S PLAT-25096 LAKESIDE PARK
AV -S~ PLAT-25006 LAKESIDE GARDENS
AV S PLAT-25006 LAKESIDE GARDENS
AV S PLAT-25006 LAKESIDE GARDENS
AV S PLAT-2500B LAKESIDE GARDENS
AV S PLAT-25096 LAKESIDE PARK
AV S PLAT-2500B LAKESIDE GARDENS
AV S PLAT-25096 LAKESIDE PARK
ST S PLAT-25006 LAKESIDE GARDENS
AV S PLAT-25096 LAKESIDE PARK
AV S PLAT-25096 LAKESIDE PARK
PLAT-25006 LWl:~IDE GARDENS
EX W 12' & LOTS 29 & 30 LYING W OF
LINE COM SE COR, NW TO PTON SHORE
DESCR. AS COM SW COR,N'ERL Y
ALONG W LINE 150.5', NE15' TO PT
& NE1/2 OF LOT 26 & W 12' OF LOT 28
& NE1/2 OF LOT 26 & W 12' OF LOT 28
& NE112 OF LOT 26 & W 12' OF LOT 28
& SW1/2 OF LOT 26
& SW1f2 OF LOT 26
EX W 5' & W1J2 OF 13
EX W 5' & W1/2 OF 13
& 11 & W 5' OF 12
&11&W5'OF12
28
27
27
27
25
25
12 3
12 3
10 3
10 3
24
10 3 & 11 & W S' OF 12
23
9 3 E 85' OF
21 & LOT 22
21- &L0T22
9 3 EX E 85'
& 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.
250060332 CHARD,DALE L & BEVERLY 4134 COLORADO ST SE PRIOR LAKE M 55372 4134 COLORADO ST S PLAT -25006 LAKESIDE GARDENS 8 3 & W1/2 OF LOT 7
250060332 CHARD,DALE L & BEVERLY 4134 COLORADO ST SE PRIOR LAKE M 55372 4134 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 8 3 & W1/2 OF LOT 7
250060331 ENGEL,ROBERT E 4152 COLORADO ST SE PRIOR LAKE M 55372 4152 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 6 3 & E1/2 OF 7
250060331 ENGEL,ROBERT E 4152 COLORADO ST SE PRIOR LAKE M 55372 4152 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 6 3 & E1/2 OF 7
250060300 JONES,CHRISTOPHER G 4170 COLORADO ST SE PRIOR LAKE M 55372 4170 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 4&53
& 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 HA TFIELD,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
250060210 MCBRIDE,DENISE 4091 COLORADO ST SE PRIOR LAKE M 55372 4091 COLORADO ST S PLAT -25006 LAKESIDE GARDENS 17 2
250060220 BOLLER, RITA M 4105 COLORADO ST SE PRIOR LAKE M 55372 4105 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 18 2 & 19 EX. E 30' OF 19
250060220 BOLLER,RITA M 4105 COLORADO ST SE PRIOR LAKE M 55372 4105 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 18 2 & 19 EX. E 30' OF 19
250060230 KALAL,WM J & MARILYN 4119 COLORADO ST SE PRIOR LAKE M 55372 4119 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 2 E 30' OF LOT 19 & W 40' OF 20
250060230 KALAL,WM J & MARILYN 4119 COLORADO ST SE PRIOR LAKE M 55372 4119 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 2 E 30' OF LOT 19 & W 40' OF 20
250060240 DEUTSCH,JOEL J & JENNIFER S 4135 COLORADO ST PRIOR LAKE M 55372 4135 COLORADO ST S PLAT -25006 LAKESIDE GARDENS 21 2 & E 10' OF LOT 20 & W1/2 OF 22
250060240 DEUTSCH,JOEL J & JENNIFER S 4135 COLORADO ST PRIOR LAKE M 55372 4135 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 21 2 & E 10' OF LOT 20 & W1/2 OF 22
250060240 DEUTSCH,JOEL J & JENNIFER S 4135 COLORADO ST PRIOR LAKE M 55372 4135 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 21 2 & E 10' OF LOT 20 & W1/2 OF 22
250060250 BORCHARDT,NORMAN & MILDRE 4161 COLORADO ST SE PRIOR LAKE M 55372 4161 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 23 2 & LOT 24 & E1/2 OF LOT 22
250060250 BORCHARDT, NORMAN & MILDRE 4161 COLORADO ST SE PRIOR LAKE M 55372 4161 COLORADO ST S PLAT-25006 LAKESIDE GARDENS 23 2 & LOT 24 & E1/2 OF LOT 22
253200010 CLARKE,ELMER W 16280 PARKAVESE PRIOR LAKE M 55372 0 PLAT-25320 ELMER & RICHARD ADDN 1 1
250060190 L1LL YBLAD,KENNETH & LORRAIN 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 & LORRAIN 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 & LORRAIN 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 & LORRAIN 16287 LAKESIDE AV SE PRIOR LAKE M 55372 16287 LAKESIDE AV S PLAT-25006 LAKESIDE GARDENS 15 2 -& LOT 168. N 8' OF 12 - 14
250060190 L1LL YBLAD,KENNETH & LORRAIN 16287 LAKESIDE AV SE PRIOR LAKE M 55372 16287 LAKESIDE AV S PLAT-25006 LAKESIDE GARDENS 15 2 8. LOT 16 & N 8'OF 12-14
250060180 DEVITT,PATRICK R & ROSEMARY 4110 PLEASANT ST SE PRIOR LAKE M 55372 4110 PLEASANT ST S PLAT-25006 LAKESIDE GARDENS 10 2 & LOT 11
250060180 DEVITT,PATRICK R & ROSEMARY 4110 PLEASANT ST SE PRIOR LAKE M 55372 4110 PLEASANT ST S PLAT-25006 LAKESIDE GARDENS 10 2 & LOT 11
250060170 NOUWEN,PLEUN N & YOLANDA 4128 PLEASANT ST SE PRIOR LAKE M 55372 4128 PLEASANT ST S PLAT-25006 LAKESIDE GARDENS 9 2 & W1/2 OF 8
250060170 NOUWEN,PLEUN N & YOLANDA 4128 PLEASANT ST SE PRIOR LAKE M 55372 4128 PLEASANT ST S PLAT-25006 LAKESIDE GARDENS 9 2 & W1/2 OF 8
250060160 BRANAM,ROGER W & MARY 4144 PLEASANT ST SE PRIOR LAKE M 55372 4144 PLEASANT ST S PLAT-25006 LAKESIDE GARDENS 7 2 & W 15' OF 6 & E1/2 OF LOT 8
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ROGER W & MARY BRANAM
4144 PLEASANT ST SE
PRIOR LAKE MN 55372
PLEUN N & YOLANDA NOUWEN
4128 PLEASANT ST SE
PRIORLAKEMN 55372
PATRICKR&ROSEMARY A DEVITT
4110 PLEASANT ST SE
PRIOR LAKE MN 55372
KENNETH & LORRAINE LILL 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
PRIORLAKEMN 55372
DENISE MCBRIDE
4091 COLORADO ST SE
PRIOR LAKE MN 55372
RITA M BOLLER
4105 COLORADO ST SE
PRIOR LAKE MN 55372
WM J & MARILYN KALAL
4119 COLORADO ST SE
PRIOR LAKE MN 55372
JOEL J & JENNil'hR S DEUTSCH
4135 COLORADO ST
PRIORLAKEMN 55372
NORMAN & MILDRED BORCHARDT
4161 COLORADO ST SE
PRIOR LAKE MN 55372
CHRISTOPHER G JONES
4170 COLORADO ST SE
PRIOR LAKE MN 55372
LANA M BEAM
4122 COLORADO ST SE
PRIOR LAKE MN 55372
ALLAN D & LORELEI M EDEKER
16195 LAKESIDE AVE SE
PRIOR LAKE MN 55372
"'v'r.~."},,~rr. 1\" WItII.!e lQF3 f!l~fT"
.'~ ~.-~ ,-J"ht.J
ROBERT E ENGEL
4152 COLORADO ST SE
PRIORLAKEMN 55372
DALE L & BEVERLY CHARD
4134 COLORADO ST SE
PRIORLAKEMN 55372
STEVEN N & DORIS M KING
16175 LAKESIDE SE
PRIOR LAKE MN 55372
CATHERINE A SIMPKINS
16210 BIRCH AVE SE
PRIORLAKEMN 55372
ROBERT D & ANDHRA R LEHRER
16292 LAKESIDE AVE
PRIOR LAKE MN 55372
STEPHEN M & DIANNE L BETZ
16194 LAKESIDE AVE SE
PRIOR LAKE MN 55372
GARY & LINDA J MCMILLAN
16276 LAKESIDE AVE SE
PRIOR LAKE MN 55372-2493
CHARLES W CLARKE
16280 PARK AVE E
PRIOR LAKE MN 55372
DAVID L & JANE K LAPORTE
16264 LAKESIDE AVE SE
PRIORLAKEMN 55372
LANDICE D WILSON
16252 LAKESIDE AVE S
PRIOR LAKE MN 55372
MICHAEL & KENDELL FISCHBACH
84 W DUCK POND DR
WEST ST PAUL MN 55118
MICHAEL L & KAREN L LORINSER
16236 LAKESIDE AVE SE
PRIOR LAKE MN 55372
o
DAVIDRARKO
16220 LAKESIDE AVE SE
PRIOR LAKE MN 55372
BARNEY D & KAREN DOLBY
16204 LAKESIDE AVE SE
PRIORLAKEMN 55372
'~;:;{;8IT..lL.PAGE d (6~ PAr'(~
WAYNE R & CAROL A ANDERSON
16186 LAKESIDE AVE SE
PRIOR LAKE MN 55372
MARTIN C & THEODORA M CURTIS
16176 LAKESIDE AVE SE
PRIOR LAKE MN 55372
CHARLENE HATFTPT U
16308 LAKESIDE AVE
PRIOR LAKE MN 55372
"311-
STEPHEN M & DIANNE L BETZ
16194 LAKESIDE AVE SE
PRIORLAKEMN 55372
ELMER W CLARKE
16280 PARK. AVE SE
PRIOR LAKE MN 55372
~PAc;e3 ciS
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NOTICE OF PUBLIC HEARING TO CONSIDER A VARIANCE FROM THE
ZONING ORDINANCE FOR THE CONSTRUCTION OF A DETACHED
GARAGE
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, December 23, 2002, at 6:30 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting a variance from the 36 foot average
front yard setback for the construction of 576 square foot
detached garage.
APPLICANT:
Landice Wilson
SUBJECT SITE:
16252 Lakeside Avenue, Prior Lake, MN, legally described as
Lot 23, 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 27th day of November 2002.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be published in the Prior Lake American on December 7, 2002.
L: \02FILES\02variances \02-13S\Public Hearing N otice.doc
~BSTRACTS
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 12, 2002
Landice Wilson
16252 Lakeside Ave SE
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 "A" are the owners of the property which lies within 350 feet of the following
described property:
Lot 23, Lakeside Park Addition, Scott County, Minnesota.
,ryfh
---
David E. Moonen
President
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
Cynthia Kirchoff
From:
Sent:
To:
Subject:
Hi Deb-
Cynthia Kirchoff
Wednesday, November 27,2002 1 :56 PM
Prior Lake American (E-mail)
Landice Wilson Variance
Please publish the attached public hearing notice for the Wilson variance in the December 7th edition of the Prior Lake
American.
Thank you.
Cynthia Kirchoff, AICP
Planner
City of Prior Lake
(952) 447-9813
(952) 447-4245-fax
Public Hearing
Notice.doc
1
January 6, 2003
Landice Wilson
16252 Lakeside Avenue SE
Prior Lake, MN 55372
RE: Variance for detached garage; 16252 Lakeside Avenue (Lot 23, Lakeside Park Addition)
Case File No.: 02-135
Dear Ms. Wilson:
This letter is to officially inform you that on December 23, 2002, the Planning Commission approved
a 16.2 foot variance from the 36.2 foot front yard setback for the construction of 576 square foot
detached garage, 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 maximum of 24 feet in width at the property line and meet the 5
foot side yard setback..
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal structure.
6. Impervious surface coverage shall not exceed 30 percent.
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
pemuts.
If you have any questions, please feel free to contact me at (952) 447-9813.
Sincerely" '.
~1J-dciahV4L
Cynthia R ~~o};,k~P -Uu
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 26, 2002
William Criego
16350 Park Avenue
Prior Lake, MN 55372
Dear Mr. Criego:
Enclosed please find Variance Resolution 02-022PC for Landice Wilson, 16252 Lakeside
Avenue, as adopted by the Planning Commission on December 23, 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,
~ '];):1:)."
~lLC ~. . '
Cynthia R. Kircho, CP
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 18, 2002
landice Wilson
16252 lakeside Avenue SE
Prior lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the December 23,
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 Carfson
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
~ovember25,2002
Landice Wilson
16252 Lakeside Avenue SE
Prior Lake, :MN 55372
RE: Setback variance for detached garage;
16252 Lakeside Avenue (Lot 23, Lakeside Park Addition)
Case File No.: 02-135
Dear Ms. Wilson:
On ~ovember 21,2002, 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, December 23, 2003, 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 January 21,2003, to March 22, 2003.
If you have questions relative to the review process or related issues, please feel free to
contact me at (952) 447-9813.
Sincerely, ~
~u~YC?f v.
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
~iscellaneous
oJ ~r~ .
t? ~C-L~~
L:\TEMPLA TE\FILEINFO.DOC
:d-Lf) t
II,j(c.O~
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME:
APPLICANT:
CONTACT PERSON:
PID#:
LOCATION:
EXISTING ZONING:
COMPREHENSIVE PLAN:
PROJECT REQUEST:
WILSON VARIANCE (Case File #02-135)
The applicant is requesting a variance from the average 35.5
foot front yard setback for the construction of a detached
garage.
Landice Wilson
Landice Wilson
447-8699
SITE INFORMATION
25-096-012-0
16252 Lakeside Avenue SE
R-S/SD
R-UMD
Review and comment on variance application.
DISTRIBUTE TO: l' APPLICATION FOR: l'
-- I
. Frank Boyles . Bud Osmundson Administrative Land Division
Sue Walsh . Sue McDermott Comprehensive Plan Amend. I
Ralph Teschner Conditional Use Permit
Chris Esser Fire Chief Home Occupation
. Bob Hutchins Bill O'Rourke Rezoning
. Don Rye Site Plan
. Jane Kansier :1 Preliminary Plat
PUD
. DNR - Pat Lynch Minnegasco I Final Plat
County Hwy. Dept. Watershed Dist. I · Variance
MNDOT Telephone Co. I Vacation
SMDC Electric Co. Ji
Mediacom Cable Met. Council
Date Received 11/21/02 Date Distributed 11/26/02 Date Due 12/12/02
Complete Application 11/21/02 Date Distributed to 11/26/02 DRC Meeting NA
Date DRC I
I Publication Date 12/7/02 Tentative PC Date 12/23/02 ,Tentative CC NA
Date
I 60 Day Review Date 1/21/03 Review Extension 3/22/02 ~
I :\02files\02variances\02-135\referral.doc
Page 1
I have reviewed the attached proposed request (Wilson 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. December 12. 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\02-135\referral.doc
Page 2
I have reviewed the attached proposed request (Wilson Variance) for the following:
If Water .- --.- -,
City Code Grading
Sewer Storm Water Signs I
I Zoning Flood Plain County Road Access I
Parks Natural Features Legal Issues
II Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
L Erosion Control Other I
-
Recommendation: Approval Denial Conditional Approval
Comments:
· ~.~. tD J.Jf tl"'il "Mv-- J.aU1::DJf)...)
v
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(jJ) 11 Jf.1A }j (J
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(1M rJp ~ . -{ ~" J\) T"L.(:tuA ~ J...
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Signed:
(jJL;
Date:
leI z-:r/6L
I I
Please return any comments by Thursdav. December 12. 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 ;\02files\02variances\02-135\referral.doc
Page 2
SURVEY PREPARED FOR:
LANI WILSON
16252 LAKESIDE AVENUE
PRIOR LAKE, MN 55372
PH. (952) 447-8699
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE. SUITE 230
PRIOR LAKE MN. 55372
PH, (952) 447-2570
FAX (952) 447-2571
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~ LEGEND
8 DENOTES X" ASH
8x DENOTES X" BOX ELDER
8, DENOTES X" CHERRY
(3 DENOTES X" ELM
G DENOTES X" LOCUST
8> DENOTES X" MAPLE
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~ DENOTES WOOD DECK
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DENOTES ELEVATION CONTOUR
DENOTES EXISllNG SPOT ELEVAllON
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LEGAL DESCRIPTION AS PROVIDED:
Lot 23, LAKESIDE PARK, Scott County, Minnesoto
SURVEYORS NOTES:
o 20
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SCALE IN FEET
. DENOTES IRON MONUMENT FOUND
4.0
6.0
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1. The orientation of this bearing s)llltem is based on the Northeasterly line of Lot 23, LAKESIDE PARK which is assumed to hove
bearing of South 37 degrees 04 minutes 42 seconds East.
1, No title work was provided far ths preparation of thie survey to verify the legal description or the exlstance of any easements vo
encumbran ces.
3. The area of the property described hereon Is 9,676 square feet. The area of the property to Elevation 904 = 9,70B square feet.
, "':11 cuy certify that this Building Permit
Survey was prepared by me or under my
direct supervision and that I om a duly
Licensed Land Surveyor under the laws of
the State of Minnesota.
o D!:NOTES 1/2"x14" IRON MONUMENT SET
AND MARKED BY LICENSE NO. 10183
4, Exietlng utilities. .ervices and underground etructures shown hereon were located either physically, from existing records mode
ovollable to us, or by residant testimony, Other utllltles ond service may be present. Ifsrlflcotlon ond location of all utilities and
services should be obtained from the owners of the respective utilities prior to any design, planning or excavation.
5. BENCHMARK: Existing Basement Floor at walkout
Elevation - 914,04 feet
Minnesota License Number 10183
Doted thl. _ day of 2002
Field work completed 6/6/2002
Revlsed 10/10/02 to show proposed
garage
238 - 47
file - 9518 reference file - 8082
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The Motion was amende'.l to table this request to allow th~ applicant time to submit a plan ,
to the Planning Commission, moved by Commissioner Arnold, seconded as amended by ComTnissione'
~oseth. Upon a vot(! taken, the motion wa~ duly pt.tssed as amended.
Item III, a variance request by l~illiam Wangerin was called to order. ~lr. "'angerin was
present at the meeting to answer questions. , ~
City Planner Gra:;er gave a presentation regarding this request. The applicant is requestingl ?,
a 5' side yard variance from the North property line for Lot IS, Fairview Beac;,. The applic t
is proposing to construct a 14' x 16' addition to the existing home which would be between ,
Fairview Road, a private road and the home. Staff's reconunendation was to approve the vallance
as requested since it would not be detrimental to the health and welfare of the immedIate ~
neighborhood and community.
Mr. Wangerin stated that the addition would be a three season porch that would constructed
to blend in with the exterior of the existing home. He also stated that his neighbors h~d
no objections to the addition.
The Planning Commissioners fotmd no proDlem ,...i th the proposed addition. and the variance re-
quest.
Motion was made by Commissioner Foster to approve the 5' side yard variance from the North \
pr\.lperty line for Lot 15, Fai rvicw Beach, ~econded by Commiss ioner Roseth. Upon a vote taken,
the motion was duly passed.
Item IV, a request for rezoning by Fred Schweich was called tc. '"der.
,.
City Planner Graser commented that a letter was received from Fred Schweich to consider
tl"ending the Prior Lake City Code. The property is located across from Freddies on the Lake ,.
--~hich '~ould be kitty corner this would include about two and one hnlf acres total. The
area is currently zoned R-1, ~lr. Schweich is requesting R-2, medium densityresirkntial.
Staff mrde a recommendation to schedule <1 public hearing for June 18, 1981 at 7:30 P.~l. ..
;
,Motion was made hy Commissioner Arnold to schedule a public hearing for the rezoning applica-
tion by Fred Schweich on June 18, 1981 at 7:30 P.M., seconded by Commissioner Roseth. Upon
a vote taken, the motion was duly passed.
~Item V~ a variance request by Landice Wilson was called to order.
~the meeting to answer questions.
" City Planner Graser commer.ted on this request. He noted that the applicant is requesting
a 4.5' side yard variance from the west pl'operty line to construct a deck and a 1.5' side
yard variance from the west property line to add an addition to the rear of the home. The
property is located on Lot 23, Lakegide Park Addition, which has a converted year round
home. Staff made a recommendation to approve the variance as applied for since it would not
be detrimental to the residential environment of the immediate area and it is in the best
interest of the neighborhood and would not be detrimental to the overall general ,health and
welfare of the commtmity.
Ms. Wilson was present at
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The Planning Comm'issioners a~ked questi ons of ~ls. Wi lson. The questioned \~hat the proposed
addition '~ould be used for. She stated that it would be for a kitchC;1n addition.
Motion was made by Commi~sioneT Roseth to approve the ,1.5' side yard variance for a deck and
side yard var::'ance for addition of a kitchen as ~his conforms with the neighborhood
would not be detrimental to the general health and welfare of the community.
Overheads
Presentation
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L\TEMPLA TE\FILEINFO.DOC
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for Wilson Variance
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