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HomeMy WebLinkAbout03-114 Hines Variance (J) 3 - ((1 Resolution and ~inutes , !fJ-;)--7.0::, fl~~ L:\TEMPLA TE\FILEINFO.DOC , Planning Commission Meeting October 27,2003 Stamson explained the appeal process. B. Case #03-114 Phillip Hines is requesting the following variances: A 6.4 foot variance from the required 20 foot average front yard setback for the construction of a single family dwelling for the property at 2719 Spring Lake Road SW. Planner Cynthia Kirchoff presented the Planning Report dated October 27,2003, on file in the office of the City Planning Department. Phillip Hines is requesting a Variance to construct a single family dwelling at 2719 Spring Lake Road SW. In order to construct the dwelling the following Variance is required: A 6.4 foot Variance from the required 20 foot front yard setback required in the R-l (Low Density Residential) use district. (Section 1102.405 (4).) The property is zoned R-l (Low Density Residential) and SD (Shoreland Overlay District). The survey indicates the roadway surface is 56 feet from the property line. However, portions of CSAH 12 were not constructed in the dedicated right-of-way. CSAH 12 is scheduled for reconstruction in the upcoming years. Scott County is currently in the design phase of the project. On October 3, 2003, the City issued a demolition permit to remove the house from the property. On September 15, 2003, the applicant's contractor applied for a building permit to construct the same single family dwelling that is proposed with this request on the property. The proposed dwelling complies with all required setbacks, so the planning department approved the building permit application. The building permit will be issued prior to the Board of Adjustment taking action on the request. The strict application of required front yard setback does not preclude the property owner from enjoying a substantial property right. The applicant, via his contractor, has been issued a building permit to construct a dwelling on the property. Moreover, the property abuts CSAH 12, which is scheduled for reconstruction in 2006. Since the roadway has not been designed, right-of-way needs have yet to be determined, so it would not be wise to grant a front yard setback Variance for a dwelling that can be constructed within the required setbacks. There is absolutely no undue hardship if the property owner can build a single family dwelling that complies with all required setbacks. Based upon the findings set forth in this report, staff recommended denial. Stamson questioned the building permit versus needing the variance. Kirchoff explained the porch shown on the survey with the variance application was not included on the survey submitted with the building permit; however it does show a future deck. The house proposed on the survey can be accommodated on the lot without any variances. L:\03 Files\03 Planning Comm\03pcMinutes\MNI02703.doc 5 Planning Commission Meeting October 27, 2003 The house is shifted back 6 feet to meet the 20 foot front hard setback so the future deck is reduced to a 6 foot depth and does meet the required setback. It is just a 6 foot difference. Kansier explained the applicant can put in a platform deck. Commissioner Ringstad withdrew from commenting and voting because of a conflict of interest. Comments from the public: Applicant Phil Hines stated he applied for the variance the same time as the building permit. To expedite the process he took off the deck so it would conform and get through that part of the process. He said he was present to avoid the problems like the previous variance request. Hines is looking for an additional 6 feet to put a deck on the lake side and still build the house as designed. He felt if a deck was not on the lake side it would diminish the value of the home. Hines presented a survey of a new home 5 lots away and noted their property line was closer to the road than his proposal. Regardless of what the County does to the road, the neighbors will always be closer to the road. The third side yard setback variance has been addressed. Atwood questioned vacating part of the right-of-way from the County. Hines said they did not give him an answer at this time until they finalized their plan. However, the County did say they would try to stay away from the homes as much as possible. They also indicated they could not discuss vacating part ofthe right-of-way at this time. Hines did not feel his neighbors were against his proposal. Criego ask Hines why he didn't create a smaller home. Hines said it is a fairly large home but it is common to build a 28 foot deep house with 12 foot deck and garage. The lot values are that a large home has to be built to keep the home value equal to the lot value. Criego said the garage could be built differently. Hines respectfully disagreed. Criego questioned the square footage of the home without the garage. Hines said the footprint is around 1,800 square feet. Randy Nelson, 2738 Spring Lake Road, said he lives across the street from the Hines and no other neighbor would be more impacted than he would and has no objection to the request. Mark Monnens, 4070 Eau Claire Circle, the home builder, said the neighbors are clearly closer to the property lines. Hines is asking for lesser setback than what the neighbors have combined. They would like to put a porch on now instead of waiting for Scott County. There is a lot of room on the property but has to be vacated by Scott County. L:\03 Files\03 Planning Comm\03pcMinutes\MNl02703.doc 6 Planning Commission Meeting October 27,2003 The public hearing was closed. Comments from the Commissioners: Atwood: . Supported staff - saw the property and there is the feeling of a large space because of the road and right-of-way. The two neighbors will probably have new dwellings on the property at some time as well. . Cannot find a proven hardship. If the applicant goes back to the drawing board he could shave 6 feet off. . Support staff. Lemke: . The gentleman should be able to build a house given the space. However, cannot see a hardship or practical difficulty given the size. It is not an unreasonable size. . The road may not impact his lot. But this body is not going to be able to correct that. . Support staff. Criego: . Agreed, the lot is large enough to put a nice home on. The garage can be redesigned and still have a porch or deck. . No hardship. Stamson: . This is another hardship created by the design. There is plenty of space on the building pad to put a house on. There is not a hardship. . The County Road being replaced where it is, is probably not going to happen. But that is not for the Commissioners to decide. . Not comfortable imposing on the County right-of-way. . Ifthe applicant wants to use the right-of-way he should get a vacation from the County. . The homes next door are closer but were build quite a while ago and will be facing the same problems in the future. Maybe all the property owners should approach the County. . The variance is not appropriate. . Will not support. MOTION BY CRIEGO, SECOND BY ATWOOD, ADOPTING RESOLUTION 03- IIPC DENYING A 6.5 FOOT VARIANCE FROM THE REQUIRED 20 FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A SINGLE F AMIL Y DWELLING. Vote taken indicated ayes by Criego, Atwood, Lemke and Stamson. MOTION CARRIED. Commissioner Ringstad abstained from the vote. L:\03 Files\03 Planning Comm\03pcMinutes\MNI02703.doc 7 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 03-011 PC A RESOLUTION DENYING A 6.4 FOOT VARIANCE FROM THE REQUIRED 20 FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Phillip Hines is requesting a Variance from the Zoning Ordinance for the construction of a single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District) at the following location, to wit; 2719 Spring Lake Road NW plo of Lot 3, Lot 4, and plo of Lot 5, Block 46, Spring Lake Townsite, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the Variance as contained in Case #03-114PC and held a hearing thereon on October 27,2003. 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 buildable area is 80 feet in width by 56 feet in depth, so the physical conditions of the property in conjunction with the strict application of the Zoning Ordinance do not create practical difficulties or an undue hardship. The applicant has recently been issued a building permit to construct a dwelling, so it is evident that the conditions of the property do not preclude a reasonable use from being constructed on the property without a Variance. 5. The conditions applying to the land in question are not peculiar to this property. All riparian lots that abut a public street are required to maintain front, side, and shoreland setbacks. 6. The granting of the front yard setback Variance is not necessary for the preservation and enjoyment of a substantial property right of the owner. A building permit has recently been issued for the construction of a single family dwelling on the property. 7. It appears as though the Variance will negatively impact public safety. There is a public safety concern about accommodating a setback less than that required by the 1:\03 files\03 variances\hines\denial resolution.doc www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 Zoning Ordinance with the future reconstruction of CSAH 12. Off-street parking may be an issue. 8. The granting of the Variance may unreasonably impact the character of the neighborhood. It is presumed the adjacent structures with the nonconforming setbacks will be demolished and new dwellings will be constructed in the future, since both are riparian lots with houses constructed in the mid-1960s. New dwellings must comply with required front, side and shoreland setbacks. From this perspective, the granting of the Variance would impact the development of the neighborhood. It would create a "new" average front yard setback for the adjacent properties when they are rebuilt. This may not be an ideal situation, since the properties abut CSAH 12, which is designated an arterial roadway in the Comprehensive Plan and is scheduled to be upgraded to an urban section in 2006. The idea! situation would be a 25 foot front yard setback so adequate off-street parking area is available. 9. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue concentration of structures and population be regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." This purpose is implemented through required minimum yard setbacks. A Variance to reduce the required minimum front yard setback is inconsistent with the purpose of the Zoning Ordinance. 10. The Variance will serve as convenience to the property owner because there is no undue hardship. It is a preference for the property owner to locate the house 13.6 feet from the front property line. This is not the only location for the house as a building permit has been issued for the applicant to construct the same dwelling within the required setbacks. 11. The alleged hardship results directly from the actions of the property owner. The buildable area of the lot is over 5,000 square feet. The applicant made the decision to design and locate a dwelling that encroached into the front yard setback. 12. The contents of Planning Case #03-114PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following Variance to allow for the construction of a single family dwelling, as shown on Exhibit A- Certificate of Survey: 1. A 6.4 foot variance from the 20 foot front yard setback required in the R-1 (Low Density Residential) use district. (Section 1102.405 (4).) 1:\03 files\03 variances\hines\denial resolution.doc 2 Adopted by the Board of Adjustment on October 2712]__ ~ _ Anthort~ St13mson, Commission Chair ~ST: . ;J ~n.5f. . Donald R. R~ Com nity Development Director 1:\03 files\03 variances\hines\denial resolution.doc 3 BIJUJINC PERMIT AfrIE'Y PRO'AMD FDR: 1/ ~ 1/ CCNST1IIJC71DN <<110 CAlI CtAIIC TRAIL PRIOR I.AKC. /IN $S.172 - / , / r--- / / / / / / / / / a t. - B -. ::- ~ :) :":/ It' , " (0 ~ m x ::J: - to - ~ )> ~ !S *'" IIiDMJIIEN7 nJUND_ !:S I1ION IIC1MItItICNT seT ..". IlMKCD Pt(3OTA llCCNSE NO. IOt6J tECENLJ G (3 (3; 8 WJII.C 1RCC (DtA) 'I: SPRlJCC rRff (HeT.) ASH TRCC (OIA) /IIRCH rRff (DIA.) 8OXCLDOt rRff (DIA.) "" ~." /lOCK If'AU CJtl$TIN& CONmtJII CJflSTINC SPOT aCVA'fION . ma I ' 'j CtJNCffC1C Sl.WACC ---<IBD-- . '....... CON1tJlJIt @j) , ..' ....;.. SPOT nlVAlJQIlt . I.. . ....;.. 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Prior Lake, MN 55372-1714 November 6,2003 Phillip Hines 2719 Spring Lake Road SW Prior Lake, MN 55372 RE: Variance for the construction of a single family dwelling 2719 Spring Lake Road SW (p/o Lot 3, Lot 4, and plo Lot 5, Spring Lake Townsite) Case File No.: 03-114 Dear Mr. Hines: Enclosed please find an executed copy of Resolution 03-011 PC for the above referenced Variance. If you have any questions, please feel free to contact me. Sincerely, h~~ Ugh~' C)' 2tiJ Cynthia R. Kirchoff, AICP Planner Enclosure - - www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 October 28,2003 Phillip Hines 2719 Spring Lake Road SW Prior Lake, MN 55372 RE: Variances for the construction of a single family dwelling 2719 Spring Lake Road SW (plo Lot 3, Lot 4, and plo Lot 5, Spring Lake Townsite) Case File No.: 03-114 Dear Mr. Hines: This letter is to officially inform you that on October 27, 2003, the Planning Commission, acting as the Board of Adjustment, denied the following Variance for the construction of a single family dwelling: 1. A 6.4 foot Variance from the required 20 foot front yard setback in the R-1 (Low Density Residential) use district. (Section 1102.405 (4).) I will provide a copy of the Resolution denying your Variance request once it has been executed by the Planning Commission Chair and Community Development Director. An owner of affected property or any property owner within 350 feet of the affected property or any officer or department representative of the City may appeal the decision of the Board of Adjustment to the City Council. The appeal must be in writing and must be filed with the Zoning Administrator within 5 calendar days after the date of the Board of Adjustment decision. If you have any questions regarding the appeal process, please feel free to contact me at (952) 447-9813. Sincerely, ~-hiddr~ Cynthia R. Kir~hdff,'~P Planner .. - - www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 October 28, 2003 Anthony Stamson 16095 Wren Court SE Prior Lake, MN 55372 Dear Tony: Enclosed please find Resolutions 03-011 PC, 03-012PC, and 03-013PC adopted by the Planning Commission on October 27,2003. Please review, sign, and return the resolutions the enclosed self-addressed stamped envelope. If you have any questions, please feel free to contact me at 447-9813. Thank you. Sincerely, ~ ' Cynthia R. KirchJff, Planner Enclosures . - - www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 October 22, 2003 Phillip Hines 2719 Spring Lake Road SW Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the October 27,2003, Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie CarCson Connie Carlson Planning Dept. Secretary Enclosure . --- I:\deptwork\blankfrm\meetltr.doc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST I PROJECT NAME: REQUESTS: I APPLICANT: CONTACT PERSON: I I PID#: I LOCATION: I EXISTING ZONING: I COMPREHENSIVE PLAN: PROJECT REQUEST: + DNR - Pat Lynch County Hwy. Dept. MNDOT SMDC Mediacom Cable HINES VARIANCE (Case #03-114) The applicant is requesting the following variances: 1. 6.4 foot variance from the required 20 foot average front yard setback and 2. .3 foot variance from the additional setback that is required when the building wall exceeds 50 feet for the construction of a single family dwelling. Phillip Hines Same 447-8033 SITE INFORMATION 25-133-076-0 2719 Spring Lake Road SW R-1 SD R-UMD Review and comment on variance application. Minnegasco Watershed Dist. Telephone Co. Electric Co. Met. Council IIII~ APPLlCATIONFO~: m_~' Administrative Land Division Comprehensive Plan Amend. Conditional Use Permit Home Occupation Rezoning Site Plan Preliminary Plat PUD Final Plat + Variance Vacation DISTRIBUTE TO: Frank Boyles + Bud Osmundson Sue Walsh + Sue McDermott Ralph Teschner + Larry Poppler Chris Esser Fire Chief + Bob Hutchins Bill O'Rourke I + Don Rye I + Jane Kansier I I I I I I Date Received 9/22/03 Date Distributed 10/9/03 Date Due 10/16/03 Complete Application 9/24/03 Date Distributed to 10/9/03 DRC Meeting NA Date DRC Publication Date 10/11/03 Tentative PC Date 1 0/27/03 Tentative CC NA Date I 60 Day Review Date 11/23/03 Review Extension 1/22/04 ...".-.- ------...-.-.. 1:\03 files\03 variances\hines\referral.doc Page 1 I have reviewed the attached proposed request (Hines 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 Roadsl Access Gas Other Building Code Approval Denial Conditional Approval Date: Please return any comments by Thursdav. October 16. 2003, 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:\03 files\03 variances\hines\referral.doc Page 2 September 23, 2003 Phillip Hines 2719 Spring Lake Road SW Prior Lake, MN 55372 RE: Variance for new home construction 2719 Spring Lake Road SW, (plo Lot 3, Lot 4, and plo Lot 5, Block 46, Spring Lake Townsite) Dear Mr. Hines: On September 22, 2003, the City of Prior Lake received the above referenced application. Upon review, staff has noted that the following information is necessary to make your application complete: 1. House plans. 2. List and labels of property owners within 350 feet of your property, along with a radius map. 3. Written description of variances requested. Once we have received the above information, we will process your application and schedule this item for a public hearing at a future Planning Commission meeting. Should you have any questions, please feel free to contact me at (952) 447-9813. Sincerely, Cynthia R. Kirchoff, Planner ~. ---- 't . l) ! ) / I. , / ICP .. -- 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER _."'." ? ~np\1 1" I ~:...,u i 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 October 7, 2003 Phillip Hines 2719 Spring Lake Road SW Prior Lake, MN 55372 RE: Variances for the construction of a single family dwelling 2719 Spring Lake Road SW (p/o Lot 3, Lot 4, and plo Lot 5, Spring Lake Townsite) Case File No.: 03-11 Dear Mr. Hines: On September 24, 2003, the City of Prior Lake received additional information for 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, October 27,2003, 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 November 23, 2003, to January 22, 2004. . If you have questions relative to the review process or related issues, please feel free to contact me at (952) 447-9813. Sincerely, ~..'.' '..rr : -7' 'I' ~ Cynthia R. Kirchhff, Planner . www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 ~...:...... <~~."."'.j'", . . f' .. , I have reviewed the attached proposed request (Hines Variance) for the following: - Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control - City Code Storm Water Flood Plain Natural Features Electric Gas Other Recommendation: .... Approval )( Denial Comments:' .11 ~ I' ... . ---..- . 4-r-- ~ Grading Signs County Road Access Legal Issues Roadsl Access Building Code Conditional Approval ~~.~ t..~L I::t;r\ AL~+~ ~ Lo--"'/ ~~c~ ~w '"'^- ~ /3~~~ Please return any comments by Thursdav. October 16. 2003, to C-sA ~ .12. . rfr "2Q.O (_ . ~ -tt:> . bL ~Jc 1,.. . u; Signed: 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:\03 files\03 variances\hines\referral.doc Date: / ~l J oj r) 3 Page 2 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Date: October 16, 2003 ~~ ~v 1V E S Number of pages including cover sheet: 1 To: Craig Jenson From: Cynthia Kirchoff, AICP I From: Planner I City of Prior Lake I 16200 Eagle Creek Avenue SE I Prior Lake, MN 55372 I Phone: I Phone: (952) 447-9813 I Fax phone: 496-8365 I Fax phone: (952) 447-4245 I cc: REMARKS: D Urgent [8] For your review D Reply ASAP D Please comment Craig- This is the survey for the variance I called you about. As the survey indicates, the road is a substantial distance from the property line. Please provide information concerning the upgrade of CSAH 12 so that I can incorporate it into my staff report for the variance. The report needs to be done on Wednesday the 22nd. Call me with any questions. Thank you. --L-:.~ ___.o.,._:_.~..---....-- M.~':"---'-_"__' -.rJINf} I'ERMIT SlPIfY I'RD'ARED FOR: II . II ()(J1IS11ffJt:7 <<170 CAlI a.AIIC - _ LAKE'. MIl $$S7Z - B 1- .; ~ :;,j K / I / I I I - , ,. ,., v -: lKeKN/) .~ <3 8> 8-: 8> It- ASH 7Ifa:{DIA.) /II1ICH 7Ifa: (DIA.) IOXrlN1I 11IEE (DIA.) MAPlE 7Ifa: (DIA.) S1'IItJCC 1Jff!" (HCT.) ~........,"""'" /lOCI( II4U ." CJlIS7INt:CCN7fJVI1 CJllST1NC SJI'OT alVATION VALLEY 5UR'CIIN(J c:a. P.A. 1/1470 I1WIKlJY _ sc SU1C :DfJ _ LAA!; I/N SlU7Z f'62) #7-2$70 - - ;;;.;- - - - - - - - -;,,~ - - - -- ~Q~ ,. A'a,b No.....<' 'J'P~N&' ;~..:. 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SWOtIMNI Uinne$o/o Licen$e No_ 10163 M;"n~/o Liceffu No. Doted thi6 ~__ doy of ".. ~ 20(},] Oat. of original $igna,ur. 09/1.]/0.] CON1ItAC1OIt "' W'WY NCJUSC .' l'"..."".. 70 CONS7IlUC'fIDN FlC NO. 97'>> /lOOK 2<<1 ,.ACC 711 Cynthia Kirchoff From: Sent: To: Cc: Subject: IIkka, Gregory [Gllkka@co.scott.mn.us] Tuesday, October 21,200312:04 PM 'ckirchoff@cityofpriorlake.com' Jenson, Craig; 'McDermott, Sue'; 'Osmundson, Bud' RE: CSAH 12 Cynthia - I reviewed the fax you sent Craig and the right-of-way information that our consultant has put together for the CSAH 12 project. This address is in an area where the existing road is not within the platted right-of-way, and unfortunately, at this point in time we have no idea where the reconstructed roadway might be. I am not sure what the front yard variance is pertaining to, whether they are taking down the existing structure and building a new house, or if it pertains to something different. What would seem to make sense is that the variance is considered from the property line, as platted, and not from the existing County Highway. In the context of doing that, look at other properties in the vicinity, and as long as the variance doesn't put the structure closer to the property line than any existing structures in the area, then it probably won't create a hardship for the County Highway reconstruction. I did leave Sue McDermott a message late last week to touch base with you on this as she has all the information about the 12 reconstruction as the city project manager, and as the City Engineer would probably want to weigh in on this variance request. Hope this gives you what you need. THANKS for giving us the opportunity to review this. Greg Ilkka, P.E. Assistant Scott County Engineer (952) 496-8356 -----Original Message----- From: Jenson, Craig Sent: Friday, October 17, 2003 9:19 AM To: 'ckirchoff@cityofpriorlake.com' Cc: Ilkka, Gregory Subject: CSAH 12 I will be on vacation next week and I am swamped today, so I forwarded your voice mail message to Greg Ilkka, Assistant County Engineer. Greg is working on the CSAH 12 road project issues. If needed, you can reach Greg at 496-8346. Craig Jenson Transportation Planner Scott County 1 Original .. . J:tel'()rts L:\TEMPLATE\FILEINFO.DOC 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 AGENDA ITEM: SUBJECT: SITE ADDRESS: PREPARED BY: REVIEWED BY: PUBLIC HEARING: DATE: CASE FILE: I. INTRODUCTION PLANNING REPORT 5, . CONSIDER A VARIANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING 2719 SPRING LAKE ROAD SW CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR X YES NO-N/A OCTOBER 27, 2003 03-114 Phillip Hines is requesting a Variance to construct a single family dwelling at 2719 Spring Lake Road SW (legally described as plo of Lot 3, Lot 4, and plo of Lot 5, Block 46, Spring Lake Townsite). In order to construct the dwelling shown on Attachment 3, the following Variance is required: 1. A 6.4 foot Variance from the required 20 foot front yard setback required in the R-1 (Low Density Residential) use district. (Section 1102.405 (4).) II. BACKGROUND The property is zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District), and is guided R-L1MD (Urban Low/Medium Density Residential) in the 2020 Comprehensive Plan. The property was platted as part of Spring Lake Townsite in the 1850s, and is a 12,811 square foot riparian lot on Spring Lake. Access is gained via Spring Lake Road or CSAH 12. The survey indicates the roadway surface is 56 feet from the property line. However, portions of CSAH 12 were not constructed in the dedicated right-of-way. CSAH 12 is scheduled for reconstruction in the upcoming years. Scott County is currently in design phase of the project. On October 3, 2003, the City issued a demolition permit to remove the house from the property. On September 15, 2003, the applicant's contractor applied for www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 a building permit to construct the same single family dwelling that is proposed with this request on the property. The proposed dwelling complies with all required setbacks, so the planning department approved the building permit application. The building permit will be issued prior to the Board of Adjustment taking action on the request. III. DISCUSSION A. Proposal In order to construct a 4,532 square foot single family dwelling on the property, the applicant is requesting 6.4 foot front yard setback Variance. The proposed dwelling is a walkout rambler style with a 3-stall garage. Table 1 details the required and proposed setbacks noted on the survey for the dwelling. I Setback I Front I Side - West I Side - East I Shoreland TABLE 1 REQUIRED AND PROPOSED SETBACKS FOR 2719 SPRING LAKE ROAD SW Required 20' 10' 10' 50' Proposed 13.6' 21' 11 ' 50.1 +/-' B. Front yard setback Section 1102.405 (3) of the Zoning Ordinance requires a 25 foot front yard setback. However, Section 1102.405 (4) provides that a front yard setback may be the average setback of those buildings within 150 feet of the subject site on the same block front. The setback cannot be less than 20 feet. The average setback in this instance is 18.23 feet, so 20 feet would be required. The applicant is proposing a 13.6 foot front yard setback from the front property line abutting CSAH 12/Spring Lake Road. C. Other bulk standards The proposed side yard setbacks comply with minimum ordinance requirements. The survey submitted with the Variance application indicates the shoreland setback is 50.1 +/- feet, however, it scales at 49 feet. And as Table 1 notes, the required setback is 50 feet. The Shoreland Ordinance requires a 75 foot setback, however, those buildings within 150 feet of the property determine the average setback. The average setback cannot be less than 50 feet. Impervious surface is proposed to be 27.5 percent. For residential uses, the Shoreland Ordinance permits impervious surface to be a maximum of 30 percent. The dwelling measures 17 feet in height on the front elevation. L:\03 Files\03 Variances\Hines\PC Report.doc 2 The buildable area for this property measures 80 feet in width by 56 feet in depth. The proposed dwelling is 68 feet in width and 64.33 feet in depth, at its deepest point, including the porch. D. Upgrade of CSAH 12 As noted in the previous section, the property abuts CSAH 12, which is scheduled for an upgrade in 2006. Prior the Variance application, the applicant and his contractor expressed concern about the width of the right-of-way. They believe that it is unreasonable to require a 20 foot front yard setback when, based upon the survey, the right-of-way appears to be wider than a typical 60 foot right-of-way. (Note: The Spring Lake Townsite plat dedicated a 60 foot right-of-way.) However, the existing roadway is not in the dedicated right-of-way, so there is not "excess" right-of-way. Since the front yard setback is measured from the property line, not the road surface, the location of the existing roadway surface is irrelevant. Staff encouraged the applicant to request Scott County vacate a portion of the right-of-way. It is unknown if the applicant approached the County about doing such, but it is not common for a governmental unit to vacate right-of-way prior to the design and build of a road project. Right-of-way needs have yet to be determined, but it is the City's understanding that the concept design calls for an urban section in this location, which includes curb and gutter and a trail. IV. ANALYSIS A. Variance Hardship Findings Section 1108.400 states that the Board of Adjustment may grant a Variance from the strict application of the provisions of the Zoning Ordinance, provided that: 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. The buildable area is 80 feet in width by 56 feet in depth, so the physical conditions of the property in conjunction with the strict application of the Zoning Ordinance do not create practical difficulties or an undue hardship. The applicant has recently been issued a building permit to construct a dwelling, so it is evident that the conditions of the property do not preclude a reasonable use from being constructed on the property without a Variance. L:\03 Files\03 Variances\Hines\PC Report.doc 3 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The conditions applying to the land in question are not peculiar to this property. All riparian lots that abut a public street are required to maintain front, side, and shoreland setbacks. 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 front yard setback Variance is not necessary for the preservation and enjoyment of a substantial property right of the owner. A building permit has recently been issued for the construction of a single family dwelling 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 fire, or endanger the public safety. It appears as though the Variance will negatively impact public safety. There is a public safety concern about accommodating a setback less than that required by the Zoning Ordinance with the future reconstruction of CSAH 12. Off-street parking may be an issue. 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The granting of the Variance may unreasonably impact the character of the neighborhood. It is presumed the adjacent structures with the nonconforming setbacks will be demolished and new dwellings will be constructed in the future, since both are riparian lots with houses constructed in the mid-1960s. New dwellings must comply with required front, side and shoreland setbacks. From this perspective, the granting of the Variance would impact the development of the neighborhood. It would create a "new" average front yard setback for the adjacent properties when they are rebuilt. This may not be an ideal situation, since the properties are adjacent to CSAH 12, which is designated an arterial roadway in the Comprehensive Plan and is scheduled to be upgraded to an urban section in 2006. The ideal situation would be a 25 foot front yard setback so adequate off-street parking area is available. L:\03 Files\03 Variances\Hines\PC Report.doc 4 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." This purpose is implemented through required minimum yard setbacks. A Variance to reduce the required minimum front yard setback is inconsistent with the purpose of the Zoning Ordinance. 7. The granting of the Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. The Variance will serve as convenience to the property owner because there is no undue hardship. It is a preference for the property owner to locate the house 13.6 feet from the front property line. This is not the only location for the house as a building permit has been issued for the applicant to construct the same dwelling within the required setbacks. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. The alleged hardship results directly from the actions of the property owner. The buildable area of the lot is over 5,000 square feet. The applicant made the decision to design and locate a dwelling that encroached into the front yard setback. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Staff does not believe that increased development or construction costs or economic hardship are the basis of this request. V. CONCLUSION The applicant would like to construct a single family dwelling on property zoned R-1 and SD. In order to do such, the applicant believes a front yard setback variance is required. The strict application of required front yard setback does not preclude the property owner from enjoying a substantial property right. The applicant, via his contractor, has been issued a building permit to construct a dwelling on the property. Moreover, the property abuts CSAH 12, which is scheduled for reconstruction in 2006. Since the roadway has not been designed, right-of-way L:\03 Files\03 Variances\Hines\PC Report.doc 5 needs have yet to be determined, so it would not be wise to grant a front yard setback Variance for a dwelling that can be constructed within the required setbacks. There is absolutely no undue hardship if the property owner can build a single family dwelling that complies with all required setbacks. Based upon the findings set forth in this report, staff recommends denial. VI. ALTERNATIVES 1. Approve the variances requested by the applicant, or approve any variance the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. VII. RECOMMENDATION Staff recommends alternative #3. VIII. ACTION REQUIRED This request requires the following motion: 1. A motion and second adopting Resolution 03-011 PC denying the 6.5 foot front yard setback Variance for the construction of a single family dwelling. IX. ATTACHMENTS 1. Resolution 03-011 PC 2. Location map 3. Survey 4. House Plans 5. Applicable regulation L:\03 Files\03 Variances\Hines\PC Report.doc 6 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 03-011 PC A RESOLUTION DENYING A 6.5 FOOT VARIANCE FROM THE REQUIRED 20 FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Phillip Hines is requesting a Variance from the Zoning Ordinance for the construction of a single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District) at the following location, to wit; 2719 Spring Lake Road NW plo of Lot 3, Lot 4, and plo of Lot 5, Block 46, Spring Lake Townsite, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #03-114PC and held a hearing thereon on October 27,2003. 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 buildable area is 80 feet in width by 56 feet in depth, so the physical conditions of the property in conjunction with the strict application of the Zoning Ordinance do not create practical difficulties or an undue hardship. The applicant has recently been issued a building permit to construct a dwelling, so it is evident that the conditions of the property do not preclude a reasonable use from being constructed on the property without a Variance. 5. The conditions applying to the land in question are not peculiar to this property. All riparian lots that abut a public street are required to maintain front, side, and shoreland setbacks. 6. The granting of the front yard setback Variance is not necessary for the preservation and enjoyment of a substantial property right of the owner. A building permit has recently been issued for the construction of a single family dwelling on the property. 7. It appears as though the Variance will negatively impact public safety. There is a public safety concern about accommodating a setback less than that required by the 1:\03 files\03 variances\hines\denial resolution.doc www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 Zoning Ordinance with the future reconstruction of CSAH 12. Off-street parking may be an issue. 8. The granting of the Variance may unreasonably impact the character of the neighborhood. It is presumed the adjacent structures with the nonconforming setbacks will be demolished and new dwellings will be constructed in the future, since both are riparian lots with houses constructed in the mid-1960s. New dwellings must comply with required front, side and shoreland setbacks. From this perspective, the granting of the Variance would impact the development of the neighborhood. It would create a "new" average front yard setback for the adjacent properties when they are rebuilt. This may not be an ideal situation, since the properties abut CSAH 12, which is designated an arterial roadway in the Comprehensive Plan and is scheduled to be upgraded to an urban section in 2006. The ideal situation would be a 25 foot front yard setback so adequate off-street parking area is available. 9. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue concentration of structures and population be regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." This purpose is implemented through required minimum yard setbacks. A Variance to reduce the required minimum front yard setback is inconsistent with the purpose of the Zoning Ordinance. 10. The Variance will serve as convenience to the property owner because there is no undue hardship. It is a preference for the property owner to locate the house 13.6 feet from the front property line. This is not the only location for the house as a building permit has been issued for the applicant to construct the same dwelling within the required setbacks. 11. The alleged hardship results directly from the actions of the property owner. The buildable area of the lot is over 5,000 square feet. The applicant made the decision to design and locate a dwelling that encroached into the front yard setback. 12. The contents of Planning Case #03-114PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following Variance to allow for the construction of a single family dwelling, as shown on Exhibit A- Certificate of Survey: 1. A 6.4 foot variance from the required 20 foot front yard setback required in the R- 1 (Low Density Residential) use district. 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",<" ~/~ ~ .- :~r- " . -- - ,..... . (,,'... . :l. "r :', .:.' Zoning Ordinance j. All home occupations shall be subject to an annual inspection to insure compliance with the above conditions. (~. k. All applicable permits from other governmental agencies have been obtained. (2) Group Day Care/Nursery School in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The outside play areas are fenced and screened with a buffer yard. c. Drop off and loading points are established which do not interfere with traffic and pedestrian movements. 1102.405 Dimensional Standards. (1) No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in subsection 1101.508. (2) The ground floor area ratio within the R-1 Use District shall not exceed 0.3. (3) The following minimum requirements and those additional requirements, exception and modifications contained in provisions (4) through (9) below and in the Subdivision Ordinance shall govem the use and development of 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. The depth of the required front yard may be reduced 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 is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (amd. Ord. 03-14, pub. 8/9/03) (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 subsectioi'T, 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 ATION May 22,1999 IIEARL~G ~O'l'ICES L:\TEMPLA TE\FILEINFO.DOC Page 1 of 1 Cynthia Kirchoff From: Cynthia Kirchoff Sent: Tuesday, October 07,200310:18 AM To: Prior Lake American (E-mail) Subject: Hines Variance Deb- I have another notice for you! Please publish the attached notice in the October 11 th edition of the Prior Lake American. Thanks. Cynthia Kirchoff, AICP Planner City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 (952) 447-9813 (952) 447-4245-fax 1017103 NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, October 27,2003, 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 single family dwelling. APPLICANT: Phillip Hines SUBJECT SITE: 2719 Spring Lake Road SW, Prior Lake, MN, legally described as part of Lot 3, all of Lot 4, and part of Lot 5, Block 46, Spring Lake Townsite, 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 7th day of October 2003. Cynthia Kirchoff, AICP I Planner City of Prior Lake To be published in the Prior Lake American on Saturday, October 11, 2003. L:\03 Files\03 Variances\Hines\Public Hearing Notice.doc AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) (fJVtVIA'if~ of the City of Prior Lak",So,\";'ty of Scott, State of Minnesota, being duly sworn, says on the -IS:. day ~q ~~Q03, sl1e served t e attached list of person. ~ to have an interest in the -P ~ ~ , by mailing to theJt 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 , 2003. NOTARY PUBLIC L:\DEPTWORKIBLANKFRM\MAILAFFD.DOC 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, October 27,2003, 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 single family dwelling. APPLICANT: Phillip Hines SUBJECT SITE: 2719 Spring Lake Road SW, Prior Lake, MN, legally described as part of Lot 3, all of Lot 4, and part of Lot 5, Block 46, Spring Lake Townsite, 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 16th day of October 2003. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be mailed to property owners within 350 feet of the subject site on October 16, 2003.. L:\03 Files\03 Variances\Hines\Mailed Notic~l.c!os: . I k WWW.Chyotpnorae.com Phone 952.447.4230 / Fax 952.447.4245 . SEC. " TT 4 T.//4R.22 11I'11 I c-.una _ , 1'':1 IIftll '1 M 1:1" IIIIUS 11ol;lIn 11& l" tal W~Ia: I; U II: I:: t:.UO;t ..v;:a 1\,1 I " U c., c:::z:a I: I .~.c a.:::a 1:1 ,""" \ ~01 ~01 .,'1 GO'" COUNTY Of scon '0,,'1 COUNn 0' teOT T ~~~E :: ;EE' 1-+'I,,\u\"I"I"I'. ~ ,; : BLVD LAKE Property Owners within 350' of Hines Variance "'~ JlIlI' I LlJJLJI ~---r11r1 . . . ~~======J_ ....- '\ '\ t 400 , o 400 800 Feet I L N PID I SHSRTN SHHOUS 259040030 ~ll COUNTY ADMINISTRATOR 200 259040020 ~ COUNTY ADMINISTRATOR 200 251330700 I""',AANDY R 2738 251330690 feEGeMAN,STEVEN D 12750 251330690 ~,STEVEN D 12750 251330650 1IIfI8KOTT,OEBORAH K 2760 251330650 ~OTT,DEBORAH K 2760 25133066011IOI. ~,ElFREDA 2786 2513101811Inrl~;~iT A & JOYCE I 12654 2513101821~lM,KEVIN J 12666 251310183!SCHWARZ;STANlEY B & PENNY K 12674 25131018~.. . .. ,A.OBERT A & JOANNE 12686 25133070~,RANOY R 12738 251310190[111 tft-eotJNTY ADMINISTRATOR 1200 251330700 I-.sc>N,RANDY R 2738 251330710 IIlJ!!GEMAN.STEVEN D 2750 251330710 ~,STEVEN D 2750 251330650 ~On,DEBORAH K 2760 25133065~lioIi...f. "DEBORAH K 2760 251330660 "..fENS.ElFREDA 2786 251330660 ~ENS,ElFREDA 2786 251330660 Uf-U::NS,ElFREDA 2786 ~ ~JN? IS SHZI SHZI HOUSGS STREG STTYG ADIRG PRPLAIPRLOT PRBLK LEGAL1 SECT-04 TWP-114 RNG-022 SE1/4 NW1/4, & P/O GOVT LOTS 2& 3 LYING N OF PLATS BUTTERNUTBEACH & SPRING LAKE ESTATES & LYING W OF CO RD 81 EX E 100' OF GOVT LOT 3 LYING S OF CO M 55379 1220 0 RD12 SECT-04 TWP-114 RNG-022 P/O GOVT LOTS 1 & 2 LYING N OFPLATS SPRING LAKE TOWNSITE & BUTTERNUT BEACH & LYING E OF CO RD 81 ISW PLAT-22 39 & LOTS 10 & 11 PLAT-211 39 & W 25' OF 10 ST ADJ TO E SIDE IPLAT-21 139 & W 25' OF 10 ST ADJ TO E SIDE & LOT 7, W1/2 LOT 8, & E 35' OF SW PLAT-26 38 VACATED 10TH ST & LOT 7, W1/2 LOT 8, & E 35' OF SW PLAT-26 38 VACATED 10TH ST & LOTS 5 & 9 & E1/2 OF 8 & W1/2 OF LOT SW PLAT-24 38 10 SW IPLAT-231 ISW IPLAT-2132 ISW PLAT-2133 Isw PLAT-2134 Isw PLAT-22 39 & LOTS 10 & 11 PLAT-235 I SW PLAT-22 139 & LOTS 10 & 11 SW IPLAT-2112 39 & W 25' OF 10 ST ADJ TO E SIDE SW PLAT-2112 39 & W 25' OF 10 ST ADJ TO E SIDE & LOT 7, W1/2 LOT 8, & E 35' OF SW PLAT-26 38 VACATED 10TH ST & LOT 7, W1/2 LOT 8, & E 35' OF SW PLAT-26 38 VACATED 10TH ST & LOTS 5 & 9 & E1/2 OF 8 & W1/2 OF LOT SW PLAT-24 38 10 & LOTS 5 & 9 & E1/2 OF 8 & W1/2 OF LOT SW PLAT-24 38 10 & LOTS 5 & 9 & E1/2 OF 8 & W1/2 OF LOT SW PLAT-24 38 10 SHSTRE I SHCITY 4 AVE W SHAKOPEE 4 AVE W SHAKOPEE M 55379 1220 0 I SPRING LAKE RD SW I PRIOR LAKE 1M 55372 2738 SPRIN RD ISPRING LAKE RD SW I PRIOR LAKE 1M 553721 0 1 ISPRING LAKE RD SW I PRIOR LAKE 1M 553721 01 I SPRING LAKE RD SW PRIOR LAKE M 55372 2760 SPRIN RD SPRING LAKE RD SW PRIOR LAKE M 55372 2760 SPRIN RD SPRING LAKE RD SW PRIOR LAKE M 55372 2786 SPRI N RD ISPRING LAKE RD SW I SHAKOPEE 1M 553791 26541SPRIN IRD ISPRING LAKE RD SW I SHAKOPEE 1M 553791 26661SPRIN IRD ISPRING LAKE RD I SHAKOPEE 1M 553791 26741sPRIN IRD SPRING LAKE RD SW I SHAKOPEE 1M 1553791 26861sPRIN RD SPRING LAKE RD SW PRIOR LAKE M 55372 2738 SPRIN RD 4 AVE W SHAKOPEE M 55379 1220 0 SPRING LAKE RD SW PRIOR LAKE M 155372 2738 SPRIN RD SPRING LAKE RD SW PRIOR LAKE M 155372 2750 SPRIN RD I SPRING LAKE RD SW PRIOR LAKE M 155372 2750 SPRIN IRD SPRING LAKE RD SW PRIOR LAKE M 55372 2760 SPRIN RD SPRING LAKE RD SW PRIOR LAKE M 55372 2760 SPRIN RD SPRING LAKE RD SW PRIOR LAKE M 55372 2786 SPRIN RD SPRING LAKE RD SW PRIOR LAKE M 55372 2786 SPRIN RD SPRING LAKE RD SW PRIOR LAKE M 55372 2786 SPRIN RD (EX E 25') & STRIP OF LAND BETWEEN ; LOT & LYING S OF WATEREDGE (UND 1/5 ~51330730 ~DY K 2640 SPRING LAKE RD SHAKOPEE M 55379 0 PLAT-22 45 INT) 251310100 CIIIRlSON,TERRANCE W & LAURE 12629 SPRING LAKE RD SW I SHAKOPEE M 55379 26291SPRIN IRD ISW IPLAT-214 E 8' OF 13 & 15(EX E 19') 251310110 WftEMAN,CARL M & SHIRLEY A 2651 SPRING LAKE RD SW I SHAKOPEE M 55379 2651 SPRIN I RD SW IPLAT-216 & LOT 17 & E 19' OF LOT 15 ~51310110Iw~,CARL M & SHIRLEY A 2651 SPRING LAKE RD SW I SHAKOPEE M 155379 2651 SPRIN ! RD SW PLAT-2116 1& LOT 17 & E 19' OF LOT 15 & E 25' OF LOT 2 & STRIP BETWELOTS & 251330720 lHOMPSON,HELEN S 2675 SPRING LAKE RD SW SHAKOPEE M 55379 2675 SPRIN RD SW PLAT-2 1 45 WATER'S EDGE. 251310110 *"IeMAN,CARL M & SHIRLEY A 2651 SPRING LAKE RD SW I SHAKOPEE 1M 1553791 26511SPRIN RD ISW PLAT-2 16 I & LOT 17 & E 19' OF LOT 15 & E 25' OF LOT 2 & STRIP BETWELOTS & 251330720 lQjQMPSON,HELEN S 2675 SPRING LAKE RD SW SHAKOPEE M 55379 2675 SPRIN RD SW PLAT-2 1 45 WATER'S EDGE. & W1/2 OF LOT 5 & STRIP OF LAND 251330770NElSON,GAIL N 2697 SPRING LAKE RD SW PRIOR LAKE M 55372 2697 SPRIN RD SW PLAT-26 46 BETW. LOTS & WATERS EDGE & W1/2 OF LOT 5 & STRIP OF LAND 251330770 ~";uAIL N ~ 2697 SPRING LAKE RD SW PRIOR LAKE M 55372 2697 SPRIN RD SW PLAT-2 6 46 BETW. LOTS & WATERS EDGE 251330769- flINES,PHILLlP W 12719 ISPRING LAKE RD SW I PRIOR LAKE M 1553721 27191SPRIN RD ISW PLAT-24 146 1& E1/2 OF LOT 5 & W1/2 OF 3 ?513307~HINES,PHILLlP W / 2719 SPRING LAKE RD SW I PRIOR LAKE 1M 1553721 27191SPRIN IRD ISW IPLAT-24 46 1& E1/2 OF LOT 5 & W1/2 OF 3 25133076 HINES~ 2719 SPRING LAKE RD SW I PRIOR LAKE 1M 1553721 27191SPRIN IRD ISW IPLAT-24 46 1& E1/2 OF LOT 5 & W1/2 OF 3 ~51330750~'N.R~&J~ ) & E1/2 OF LOT 3 & STRIP LAND 2733 SPRING LAKE RD SW PRIOR LAKE M 55372 2733 SPRIN RD SW PLAT-2 2 46 BETWEEN LOTS & LAKESHORE ~ 19040000 I ""--- I I I --- ~ & E1/2 OF LOT 3 & STRIP LAND 251330750 GIBLlN,RONALD & JULIE 2733 SPRING LAKE RD SW PRIOR LAKE M 55372 2733 SPRIN RD SW PLAT-22 46 BETWEEN LOTS & LAKESHORE 251330740lfW,.DWIN,BARBARA A & MICHAEL 12743 I SPRING LAKE RD PRIOR LAKE M 1553721 27431sPRIN RD SW IPLAT-21 46 1& 30' STRIP ON E SIDE OF LOT 1 251330740 M.:DWIN,BARBARA A & MICHAEL 12743 ISPRING LAKE RD PRIOR LAKE M 1553721 27431SPRIN IRD ISW IPLAT-21 46 1& 30' STRIP ON E SIDE OF LOT 1 (EX E 25') & STRIP OF LAND BETWEEN LOT & LYING S OF WATEREDGE (UND 1/5 251330730 MHLER,CINDY K 2640 SPRING LAKE RD SHAKOPEE M 55379 0 PLAT-2 2 45 INT) & E 25' OF LOT 2 & STRIP BETWELOTS & 251330720 "l'H9MPSON.HELEN S 2675 SPRING LAKE RD SW SHAKOPEE M 55379 2675 SPRIN RD SW PLAT-2 1 45 WATER'S EDGE. 251330800 lI.\WfDEEN,CLAYTON B & BAR BAR 2771 SPRING LAKE RD SW PRIOR LAKE M 55372 2771 SPRIN RD SW PLAT-2 5&6 47 & P/O E1/2 VAC 10 ST LYING W OF LOT 6 251330800 IJIIlIOEEN,CLAYTON B & BARBAR 2771 SPRING LAKE RD SW PRIOR LAKE M 55372 2771 SPRIN RD SW PLAT-25&6 47 & P/O E1/2 VAC 10 ST LYING W OF LOT 6 251330800 ~EN,CLAYTON B & BARBAR 2771 SPRING LAKE RD SW PRIOR LAKE M 55372 2771 SPRIN RD SW PLAT-2 5&6 47 & P/O E1/2 VAC 10 ST LYING W OF LOT 6 25133079lJ'!eASEY,BLANCHE 1213 1 STE JORDAN 1M 55352 2793!SPRIN IRD Isw IPLAT-213&4 147 & W1/2 OF LOT 5 & STRIP OF LAND 251330770 ifIIElSON,GAIL N 2697 SPRING LAKE RD SW PRIOR LAKE M 55372 2697 SPRIN RD SW PLAT-2 6 46 BETW. LOTS & WATERS EDGE 251330790 t;ifM~QI.~NCHE 251330760 HINES,PHILLlP W 251330750 GIBLlN,RONALD & JULIE 213 2719 2733 11 ST E JORDAN 1 SPRING LAKE RD SW PRIOR LAKE M 55352 M 55372 2793 SPRIN RD 2719 SPRIN RD SPRING LAKE RD SW PRIOR LAKE M 55372 2733 SPRIN RD SW SW SW PLAT-23&4 47 PLAT-24 46 PLAT-22 46 & E1/2 OF LOT 5 & W1/2 OF 3 & E1/2 OF LOT 3 & STRIP LAND BETWEEN LOTS & LAKESHORE -- -.- ---~---~ - ..... ~ RETURN SERVICE REQUESTED '.::"::;;::---.__ .J \_.,""'Ol.; =-- "- .-coR J.. ~"'--.... ~..:;--":==: ~ ""''i-~ --- Q 'OCT J" .~:- ""1i.J US.PUS1 16'03 ,-?~ . ~ ;. j~ ~ :2 0 ,3 14/N~' ".B"l[lfll .- eOSS7JS, 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 1 iJ N():, i)>?\i'10n?d f->,.::, 1\-"\:::\"-,"';;' o ~ ~ Q ~ ) i : / CINDY K ER ~~ 7 _5379 1.1 .....i.~....n..' , \~,t::' 'C;C" ~"r E!;",,,," I\oorellll ,...... ~~</:!'if,;J"'..?I.)-_;."1___--....-..".. . .-..J S!S17S=SiSZ'3 1,111111.111t1l.11111I,' I" l'IIIII'"I',JlI' lit '" Iffllll ,f." RETURN SERVICE REQUESTED ~~~~~z~~ Q 1];- IS. US OCT 16'03 ~? 1 ;' _4;'; ~ :: I A ~ ...4,,~(t) - , :..~/N~Y ".a.ME tf.1I .- Cl055715_ 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 L::-:' c:--' r ! ~ N o ~ c::> CJ.-' TODD H HOLM 2733 SPRING LAKE RD SW PRIOR LAKE MN 55372 I \ L HOLM733* 553722032 i503 2i iO/i7/( RETURN TO SENDER HOLM ib27b LAKESXDE AVE SE PRXOR LAKE MN 55372-2qq3 RETURN TO SENDER - - - - - . $I~-!<-"'''''-; ......... .: ".... - ":. . I .... ~ .... I ...... .'. ..... - - ---.- -. . -. i:!:L li ~i! niL!:;:t t!i! Ii: iiH H ~n! Ii f1; i!H t! ~;H ~ ~;: i l~:1 RETURN SERVICE REQUESTED L-_~ '-~ _ ._ 'i.- c5Rl:'~..:;~Z:.' ~:..: ~1i~ r~ Q ~)._~. U' OCT 16'03 ,., ~ ?'~' . .' ,. .-~ . .' - ( /~:::: 14/N~ P.rUH H II' 0055715 _ 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 ... ... -'-----;':;1 a DENNIS J & CHERYL L BRADACH c;.'")r:...'7 ~unRE TRL NE N 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 RETURN SERVICE REQUESTED BLANCHE CASEY 2131 STE JORDAN MN 55352 S::-37-2-i 787 07 - -- - -.---- t.~~_-~_~;:-:~--....~,... _) )..... . ~_ ~-=J.-:= ~./'oR. 1...-1~""'-""'" ........." - i:' j'.... -"'-r-'---:-: a. 'OCT 1~7 _Is US.POS 16'03 "'W'~ ;' .1;' ~ ... 0 3 ~~ ~'N~. p.a,MEH!I . 60.5S7tS ___ CA~~~i~ 55~52~007 i~03 a~ iO/2~/03 RETURN TO SENDER CASEY'BLANCI-lE ~i65 LE SUEUR AVE NEW PRAGUE MN 5607i-eQii RETURN TO SENDER " Ii,': ,':: : i i : :: " j': I' i i i: : 'I l ! ill! dH! IdtotHtl!IHHJit-dtn Iii:: tt;HdHn~: iI / APPLICA'l'IO~S & APPLICA'l'IO~ ~A'l'ERlALS L:\TEMPLA TE\FILEINFO.DOC Planning Case File No. 03-( (<-- Property Ide~tification No. ).S- - I ~ 3 -O-.{,--o City of Prior Lake ZONING/LAND USE APPLICATION , \ SEP22mi II' , jU UL.._ , _ ~'../ j Brief desd It'~lv.. vfpropv~~d P' vjot:~i. (Please describe the proposed amendment, project, or variance request. Attach additional sheets if necessary). Type of Application o Amendment to Zoning Map o Amendment to Zoning Ordinance Text o Amendment to Comprehensive Plan Land Use Map o Conditional Use Permit IRl Variance o Planned Unit Development o Senior Care Overlay District o Home Occupation o Amendment or Modification to approved CUP or PUD o Other Applicant: Address: Telephone: P' -lllq <1-S'l-Li"t?-~ 1It fe-A Pr lor L~. ''1.1 M~ ~IL- ~L - d.Gc.tI (work)~ '-1'10 ' 1'J.G I (fax) Property Owners (if different than applicant): Address: Telephone: (home) Type of Ownership: iii Fee (work) o Contract for Deed (fax) o Purchase Agreement I Legal Description offroperty (Attach additional sheets if necessary): ~- "HoL"-c>r I I To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that applica~~i11 be y~s,~unti! deemed complete by the Planning Director or assignee. ~A tV'. ~J/ q-lz-03 Applicant' -. ture I / / / . Date IV. ~" 7-/1. -o~ Fee Owner's 19nature Date ADDITIONAL PROJECT INFORMATION (Required for PUD, CUP and SC Overlay District applications) Will the developersrequestfinancial assistance from the City? o Yes .D{ No If yes, please describe the amount and type 'of assistance requested (attach additional pages if necessary). Will anyone other than the applicant be involved in the ownership, development& management ofthis project? DYes (If yes, please, attach a list of the names and the role of all persons involved in the project.) ~ No 1:\handouts\2001 handouts\zoning\zoning app.doc CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (952) 447-4230, FAX (952) 447-4245 Received of .J:J~4 ( ~/J . I the sum of ~ B.L- for the purpose of $ ISO, rJi) -';IrA wJ~ -'(/ . / r 0J~ ~k ~ ~ , -b-t)~ - lie; RECEIPT # 45045 DATE: 0~-v(07 --------- dollars Invoice # , t &1/Oft- Receipt Clerk for the City 6f Prior Lake CITY OF PRIOR LAKE "OCT, 42003 , Impervious Surface Calculations U\, ' ". . ' . (To be SUbmitte,4 with Building Pennit Application)j~' lIL-.-_ ,. For All :rrope,rties Located in theShoreland District (SO). _ The .MaximulTlImperyious 'Surface Coverage Permi tted in.30 Percent. _."':~-<"< /'i.. . . / .s"..,~~ 1?~ LotArea''t~S~tl+oo"WL.. ,Sq. Feet x 30% ."7..............-.3.8,'/3 ****~***'*******~**********************.******************************** . - WIDTH SQ. FEET = ," " '.TOTALPRINCIPLE STRUCTURE...................... I. 7LJ" '-',-, -", '.;.'..,-,'....':,.. ,.:..>. -'-',", -'.'- , '20..... x 10 "Z.oo x .. TOTAL DEl'ACHED BUILDINGS....................... 'Zoo DRIVEWAYIPAVED AREAS .'. .,'... (J:)ri~e"'a)'-pa~ed orllot) , = = = lliAS ~.~.. .~.. II ... I.... I' II ..~,.. .... ",""'" PATIOS/] ,JD h flo~ = = = "1' II ... ......... ............ ........1. .......... I 3~tJ()'Z 1~'1I' ,la!tJ3, Phone # "5Z,.~"7-Z~7() L()tAr~a,' ;17j~II>'JO'6\+-~\...: . ,Sq. Fe'et x 30% == .....;........ 3,8'13 " , .. * *** **** *** *** *********** ** *** * ** * *** **** ** * * * *** * * * * ** * ** *** * * ** * ** * ** * Sohf'lj L4-\'-(. ,Q"..,.., " ATTACHED GARAGE .' x x = = '.TOTAL PRINCIPLE STRUCTURE...................... '277 3 , '2...00 Ci~5)PA':EPAREAs.. ,. '. (Vriveway-pavedor not) (Sidewalk/Parking Areas) = x = ," = S".S"8 = . . CompanydA~lfr^{ ....;(SviJ1j;h~ I ~5"3J , :3 IZ-. 10/8/'(3 . BtJ1LDING PERMIT SUR~ PRfPARED FOR: M .. 1/ CCNS7RfJC71ai 4070 EAU CLAIRE TRAIL PRIOR LAKE. MN 55372 VALlEY SlJR'Cf1NG ca, P.A. 16670 FRANKUN TRAIL SE SUITE: 2.JO PRIOR LAKE. UN 55372 (952) 447-2570 c 925.g-- "'-io- C"Ob"~ 926't- _ _ _ JP04,b A'a - - - - _ ."-~ /0 -....... ~ f~P~A'C ~~ - - -_ 926 5 ~.P L> -- _ ~ 40..-fb - 9266 V -"'- .~ tCCCHlJ (3 ASH TREE (DlA.) ~: <3 C:' BIRCH TREE. {DlA.} BOXELDER T'Rrr {DIA.} IIIAPLE TREE (DlA.) SPRIICE T'Rrr {HGT.} ------ : -- --. :: -- .,: "" "': 1""'\ " I I,,' v ...... " 1\ " " ~,' "': -- / / r-- -- / / / / / / / / / f-- -, I I I I / / / / G\l ~ '+0 ~ / ~ + t- / ,~,,\. 1- \l ~~ / / \~..' / __/ ~O / /-- / / / --.... ..,: 0;,' g16' B I L. A .~ I I / / / \ / '-./ -- ~ , gr<-6 .~ .~ ~ ~ .~ -........ .~ .~ .~ ~ ....-........"", B I '- A .~ ~ V ,r---, " ,/ lb' f!{': -- -- eXISTING DME:WNC Sp ~ ""4 ~ 4"~4" P~1'" "'ON ./A' C r^; .9?() J> ~ ...(~ 019/ 00/ OJ> ~ OCT I 4 aIl3 LECAL Dc.,..,.". TION AS PROfAnED: : I' UUL_. I L .' . _-..J L.-/ ._. ___' . .y"" ROCK WAU 1M _tMfy o.e Half of Lot J:' and Lot 4: and the Et#tMfy o.e Half of Lot ~ <1" In BlocIt 46. and <1 ."., of fond bet_ said Lot. and I)fIng _theny t".,."f and the waters ~ of Spring Lair.. In Spring Lalre Town$it.. . .., ..~', 9 to the plat ",-f an !fie and of rwcorrJ In the Office of the r\., :", of DHtb In and for <<1Id ~tt County. lIIinn_ttl,. IncfudIng any /XIrl or /XIrl1on of any ."..., or """y abutting said jNYImIHs KICOt<<f or 10 be """'teet ~tt Counly. lIIinn_'". Also &hDWing lhe kH:t111on of the prtJpt18ed hou.. Ih'" 8th day of Seplember, 2003. REIlfSED 10/08/0J per City of Prior Lak~ comm~nts. jog in garage. stoop - EXlS77NG CONrouR EXlS77NG SPOT ElEVA T10N NOTeS: I h~r~by c~rtify thot this topographic buHding p~rmit sun<ey was prepar~d by me or under my direct supervision and that I am a duly Lic~ns~d Lond SurW!JOr und~r th~ larrs of th~ Stat~ of Minnesota. .,_- '7 ..''>;M"U AL_~ /-~ ~d A. Srransdn./ Scott U. Swanson ups T1Ie e.tln9 Io_t tt<>>r of the hou.. 10 be .' Is ", "e""tlon 920. J7 Sel Ihe propoHd top of black "t _"",ton 9J1.>> Sel Ihe propoHd ". '.' Mob DI tIIe",,'ton 9J1.00 T1Ie" .,_...' Io_t tt<>>r will be DI tllellfJllon 922.4J NO SlCNtF7CANT 11?ffS TO BC RDIOItflJ DLJRffI(; CONST1WC71ON CONTRACTOR ro flE:RIFY HOUSE DIUCNSIONS PRIOR ro CONSTRUCTION Minnesota Licens~ No. 10183 Minn~soto Licens~ No. 42309 Doted this _~~_ day of _~~ __ 2003 Date of original signature 09/13/03 20 0 ~ Scale ... 10 20 I I Fen ITNCE ,.- '. .'. 'J CONCRETe SURFACE --@>- PROPOSED CON'TOtHi @V PROPOSED SPOT ElEVA 110N PROPOSED DlREC710N OF F7NtSHCD SURFACE DRAIN ACE . DCNOTeS IRON MONUIENT rouND o DCNOTeS IRON IIONUIICNT SET AND IIIARKED BY IIIINNCSOTA LICCNSE NO.101lJ.J . .. fiLE NO. 97>> BOOK 240 PAGe 78