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Home My WebLink About03-119 Abbott Prelim. Plat JAMES R. HILL, INC. 2500 W. County Rd. 42, Suite 120 BURNSVILLE, MINNESOTA 55337 LETTER OF TRANSMITTAL DATE JOB NO. 9/29/2003 21326 Phone (952) 890-6044 Fax 890-6244 TO: City of Prior Lake WE ARE SENDING I Shop Drawings I Copy of Letter COPIES DATE 9/29/2003 9/29/2003 9/29/2003 9/29/2003 9/29/2003 9/29/2003 10 10 1 1 1 1 ATTENTION RE Lifestyle Homes Prior Lake, MN [KlAttached o Prints DChange order o Under separate cover via [KlPlans o Samples m Permit Application the following items: o Specifications NO. DESCRIPTION Preliminary grading plan Preliminary plat 11 "x17" grading plan & plat Mailing labels for adjacent home owners Tree inventory list Filing fee in the amount of $540 w/ application THESE ARE TRANSMITTED as checked below: U For approval l...!J For your use UAS requested l...!J For review and comment UFOR BIDS DUE REMARKS COPY TO: SEP 2. 9 20m U Ll... 1.....---. DAPproved as submitted DApprOVed as noted o Returned for corrections D Resubmit _ copies for approval D Submit _ copies for distribution D Return _ corrected prints o UPRINTS RETURNED AFTER LOAN TO US SIGNED: Thanks, ~ ;d .~J e~ (}(,~ a~ '~}V'1/l If enclosures al8 not as noted, IcJndly notify us at once. Planning Case File No. Property Identification No. 83- JJ'1 City of Prior Lake LAND SUBDIVISION APPLICATION SEP 29 im3 Type of Application l \,';"" Brief des4~i:~'O(;~opo~e~ pr:j:~ J (Please describe the proposed amendment, project, or variance request. Attach additional sheets if necessary). o Concept Plan [&] Preliminary Plat o Final Plat o Combination of Preliminary and Final Plat o CIC Plat o Modification to Approved Final Plat o Administrative Land Subdivision o Registered Land Survey o Metes & Bounds Subdivision (Request for Council Waiver) o Variance to Subdivision Ordinance o Other Applicant: Address: Telephone: -L..(~H~ ,~ 1122 w. Sk.-kL ~ ~J..MtV (home) ~6'2l19L{- .3.9Bb (work) ~O(' (fax) Property Owners (if different than applicant): Address: ~<t" ~~~~ ~ ~f'/'~.....;MtJ Telephone: (wome) (work) Type of Ownership: 0 Fee 0 Contract fot Deed ....~...." 72 (fax) o Purchase Agreement Engineer/Surveyor: ~. ~ Address: z.~ t..::>. (I L(1- . D A.~~H.f... ""-tV '==>~~3'" Telephone: (0 Ice) ~-~~'f -(fax) (~ ~9o-"Z4tf Legal DescriP~P7J~~ad~~ pages if necessary): . 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 a~~i~ not be processed until deemed complete by the Plann9i~~1~r;r assignee. A/' arit's.s;;~aJt~: ~~~ Date q:~O::S e owner's~~/). - Date ADDITIONAL PROJECT INFORMATION Will the . developers request financial assistance from the City? 0 Yes 0 No If yes, please describe the amount and type ofassistance requested {attach additional pages if necessary). 1 :\handouts\2001 handouts\subdivisions\subdivision app.doc PRELIMINARY PLAT APPLICATION CHECKLIST SUBDIVISION NAME: DEVELOPER: J\b'co+- ~~~ -<<\pplicatiofl.(SU 1. A complete Land Subdivision 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 500' of the subject site. These shall be obtained from and certified by an abstract company. 13. The required filing fee of $500.00 plus $10.00 per lot (including outlots). 4. Any necessary applications for variances from the provisions of the Subdivision Ordinance and the Zoning Ordinance, along with the required fees and submittal information for those applications. 5. A copy of the Watershed District permit application, including verification by the Watershed District of the date of receipt of that application. 6. Ten (10) full-scale copies of the preliminary plat and supporting data and one 11"X 17" reduction of each sheet. Preliminary Plat Requirements (Section 10 ral 11. The proposed name of the subdivision. For City Use Only ary 1 REQUI 2. Boundary line survey and legal description in accordance with applicable state statutes. 3. The names and addresses of all persons having an interest in the property, the developer, the designer and the surveyor, including registration numbers. 4. Graphic scale of the plat, not less than 1" = 100'. 5. Date and north arrow. 6. Identify the portions of the property that are registered (Torrens). Exh;ting~ 1. Boundary lines and total acreage of proposed plat. 2. Existing Comprehensive Plan and Zoning classifications, including Shoreland District boundaries. 3. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of two hundred feet (200') beyond the tract. 4. Boundary lines of adjoining unsubdivided or subdivided land, within two hundred feet (200'), identified by name and ownership, including all contiguous land owned or controlled by the subdivider. 5. Any other information the City finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the City and City residents. PfQPo$edDe$i 1. Layout of proposed streets showing the right-of-way widths, center line gradients, typical street sections, and proposed names of streets. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. 2. Locations and widths of proposed alleys and pedestrian ways. 3. Location, dimension and purpose of all easements. I: \handou ts \2001 handouts\subdivisions \prep lat.doc REQ DtN MATtON 4. Layout, numbers, lot areas and preliminary dimensions of lots and blocks. 5. Net lot area, exclusive of road right-of-way and wetland and drainage easements. 6. Minimum front and side street building setback lines. When lots are located on a curve, the width of the lot at the required front yard setback must be identified. 7. Areas, other than streets, alleys, pedestrian ways, and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. $ijpple.l'l'1el'ltary...lnfol'rn!atiQf1 1. Proposed restrictive covenants. 2. A geotechnical report of the land within the subdivision prepared by a qualified person. 3. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestion of population. 4. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for informational purposes only and shall not vest any right in the applicants. 5. The subdivider shall be required to submit a concept plan of adjacent properties so as to show the possible relationships between the proposed subdivision and future subdivisions. All subdivisions shall be required to relate well with existing or potential adjacent subdivisions. 6. Where structures are to be placed on lots, which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be resubdivided in the future. 7. Where irregular shaped lots have been proposed, house plans shall be submitted which demonstrate such lots are buildable and the resulting structure compatible in size and character to the surrounding area. 8. A comprehensive screening plan that identifies all proposed buffering and screening in both plan and sectional view. I: \handou ts\200 I handou ts\su bdivisions\prep lat.doc REQ NFO Preliminary (;l"adil1g n 1 1. North arrow, scale (not less than 1" = 100') and legend. 2. Lot and block numbers, house pad location, home style and proposed building pad elevations at garage slab and lowest floor for each lot. 3. Topography in two foot (2') contour intervals with existing contours shown as dashed lines and proposed contours as solid lines. Existing topography shall extend a minimum of two hundred feet (200') outside of the tract to be subdivided or outside of the contributing drainage area, whichever is greater. 4. Location of all natural features on the property. Natural features include, but are not limited to, the following: tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. 5. Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within two hundred feet (200') of the tract. Existing and proposed pipe grades, rim and invert elevations, and normal and high water elevations must be included. 6. If the plat is located within or adjacent to a 100-year flood plain, flood elevations and locations must be clearly shown on the plan. 7. Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage. 8. Locations, grades, rim and invert elevations of all storm sewer facilities, including ponds, proposed to serve the tract. 9. Locations and elevations of all street high and low points. 10. Street grades, with a maximum permissible grade of eight percent (8%) and a minimum of one percent (1 %) or as otherwise provided by the City. 11. Phasing of grading. 12. The location of all easements and right-of-way. 13. All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detail plates for each measure must be included on the plan. 14. All revegetation measures proposed for the property, including seed and mulch types and application rates must be included on the plan. I: \handou ts\200 1 handouts \SU bdivi sions \prep lat.doc N R IRED ATION 15. A Tree Preservation Plan as required by Section 1107.2100 of the Zoning Ordinance. P..~.li......inClI.'Y..l.JlilitY...Pla.I1....(S~~ti(J,....1003.a03) 1. Location, dimension and purpose of all easements. 2. Underground Facilities: a. Water: All mains, hydrants, valves and services. b. Sanitary Sewer: All facilities including mains, manholes, lift stations, and services with invert and top of casting elevations. c. Storm Drainage: All facilities including all piping, culverts, catch basins, manholes, lift stations and ponds with invert and top of casting elevations, and hydrologic calculations in accordance with the Public Works Design Manual. d. Private Utilities: All gas, electric, cable and telecommunication facilities. e. Existing wells and septic systems. 3. Any other information the City finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the City and its residents. I: \handou ts \2001 handouts\su bd i visions \prep lat.doc : TAG # ELEV. TREE TYPE TREE SIZE 116 947.22 BASSWOOD 14 543 938.48 BOXELDER 6 6 544 937.97 ELM 6 545 938.63 ASH 7 546 938.27 ELM 9 547 935.54 ELM 8 548 938.17 ELM 7 549 938.20 ELM 17 550 937.44 ASH 7 551 936.05 BOXELDER 8 552 935.84 BOXELDER 8 553 936.55 ASH 6 554 936.73 ASH 7 555 936.46 ASH 6 556 935.52 ASH 7 557 935.75 ASH 7 9 558 935.49 POPLAR 9 559 936.47 ASH 7 560 935.88 ELM 8 561 934.41 BASSWOOD 562 933.32 WILLOW 11 563 933.84 COTTONWOOD 18 564 941.43 OAK 16 565 935.03 POPLAR 8 566 937.96 BOXELDER 10 13 23 567 933.47 ASH 10 568 937.67 ASH 6 569 936.22 ASH 8 570 935.41 BOXELDER 7 571 935.78 COTTONWOOD 20 572 935.40 BASSWOOD 19 573 936.02 OAK 6 574 936.60 ELM 12 575 935.88 OAK 6 576 934.42 BOXELDER 6 577 935.33 OAK 8 578 937.01 ASH 13 579 934.25 OAK 6 580 935.32 BASSWOOD 6 7 581 935.33 BASSWOOD 8 9 582 936.09 ELM 7 583 936.09 COTTONWOOD 13 584 935.22 ASH 6 585 934.64 ELM 6 586 935.00 ELM 6 587 936.72 BASSWOOD 9 588 934.69 ASH 6 589 935.85 ELM 6 590 936.67 OAK 12 591 936.67 BASSWOOD 10 592 936.67 BASSWOOD 6 6 SEP 2 9 2003 593 936.67 ELM 11 Page 1 of 4 TAG # ELEV. TREE TYPE TREE SIZE 594 936.58 ASH 12'16' 595 936.94 BASSWOOD 5 5 10 596 935.97 ASH 6 7 597 939.71 OAK 13 17 598 940.50 ASH 17 599 939.16 OAK 6 600 941.70 POPLAR 6 601 942.61 OAK 13 602 942.87 OAK 7 603 943.06 POPLAR 6 604 944.17 OAK 18 605 945.68 OAK 10 12 14 15 606 945.55 OAK 22 607 948.21 OAK 17 608 949.53 . OAK 8 609 949.95 OAK 10 14 610 948.55 OAK 10 611 945.91 OAK 12 612 944.69 ASH 9 613 945.20 IRONWOOD 6 614 939.86 HICKORY 9 615 943.88 BASSWOOD 8 32 616 947.55 BASSWOOD 14 617 948.16 OAK 14 16 618 951.04 OAK 21 619 952.13 OAK 24 620 953.59 OAK 14 621 954.56 POPLAR 12 622 953.13 POPLAR 6 623 937.02 POPLAR 6 624 935.74 CEDAR 7 625 935.73 BASSWOOD 7 626 935.48 BASSWOOD 6 627 935.32 BASSWOOD 6 628 941.32 ELM 7 629 943.29 WILLOW 13 630 946.12 ELM 9 631 937.80 WILLOW 25 632 935.39 BASSWOOD 7 633 934.72 BASSWOOD 6 634 935.74 CHERRY 6 635 934.77 BOXELDER 7 636 936.70 ELM 10 637 940.04 BASSWOOD 6 638 942.27 BASSWOOD 6 639 943.54 BOXELDER 16 640 942.17 BOXELDER 7 12 641 936.20 ELM 10 11 642 934.20 BOXELDER 9 643 939.20 ELM 9 644 941.58 ELM 16 645 944.81 ELM 9 Page 2 of 4 TAG # ELEV. TREE TYPE TREE SIZE 646 944.44 BOXELDER 12' 647 942.92 BOXELDER 6 648 943.95 BASSWOOD 6 649 938.34 BOXELDER 8 650 937.15 ASH 6 651 936.73 BOXELDER 6 652 934.83 ASH 6 653 936.31 ELM 6 654 937.45 BOXELDER 4 6 655 940.05 BOXELDER 8 656 941.37 BASSWOOD 27 657 941.00 BASSWOOD 27 658 941.50 BASSWOOD 5 6 659 943.97 BASSWOOD 2425 660 948.92 BOXELDER 16 661 948.91 BOXELDER 12 662 948.07 ASH 6 663 949.20 BOXELDER 7 664 943.58 BOXELDER 6 665 942.30 BOXELDER 8 666 942.53 BOXELDER 6 667 942.48 BOXELDER 6 668 941.71 BOXELDER 6 669 941.09 BOXELDER 9 670 939.30 BOXELDER 9 671 937.03 ASH 6 672 935.88 ASH 6 673 937.69 OAK 25 674 937.12 BASSWOOD 30 675 935.65 ASH 8 676 958.78 OAK 35 677 960.13 ELM 10 678 960.03 BOXELDER 7 679 959.99 BOXELDER 4 7 680 960.04 BOXELDER 7 681 960.34 BOXELDER 11 682 960.25 BOXELDER 7 683 960.06 BOXELDER 6 684 960.07 BOXELDER 6 685 960.22 POPLAR 13 686 959.92 ELM 8 687 960.22 ELM 4 10 688 950.10 BASSWOOD 26 689 949.96 ASH 16 690 952.14 OAK 10 15 691 958.14 HICKORY 18 692 960.01 OAK 25 693 951.84 OAK 6 694 951.25 HICKORY 695 951.80 HICKORY 696 952.65 OAK 11 697 952.92 POPLAR 12 Page 3 of 4 TAG # ELEV. TREE TYPE TREE SIZE 698 955.86 ASH 7 699 954.15 OAK 13 700 953.55 ASH 13 701 956.99 OAK 10 11 12 702 956.13 OAK 10 11 703 956.24 OAK 18 704 953.99 HICKORY 9 705 952.32 HICKORY 9 706 952.63 HICKORY 6 707 951.13 BASSWOOD 6 708 951.26 BASSWOOD 7 709 947.07 HICKORY 7 710 947.74 HICKORY 6 711 946.21 HICKORY 6 712 951.18 HICKORY 6 713 950.02 OAK 9 16 714 948.31 OAK 14 715 947.19 OAK 12 716 945.37 BASSWOOD 14 717 938.22 BASSWOOD 12 718 935.01 ASH 719 935.64 ASH 720 938.01 OAK 721 938.98 ASH 18 722 937.94 ASH 14 723 937.00 ASH 7 724 948.83 ASH 5 678 725 948.83 SPRUCE 5 726 948.83 BOXELDER 7 727 953.05 SPRUCE 11 728 951.55 ASH 6 729 954.54 SPRUCE 9 730 953.85 SPRUCE 9 731 955.46 SPRUCE 11 732 956.45 SPRUCE 9 733 959.09 MAPLE .' 14 734 960.36 BASSWOOD 735 954.79 MAPLE 11 736 951.36 MAPLE 18 737 953.79 MAPLE 13 738 956.21 MAPLE 14 739 956.64 OAK 10 12 14 740 954.96 OAK 29 741 953.56 OAK 25 742 952.00 OAK 20 743 953.36 OAK 13 744 954.94 OAK 21 745 958.22 OAK 29 746 959.28 OAK 20 Page 4 of 4 WARRANTY DEED Individual(s) to Joint Tenants STATE DEED TAX DUE HEREON: $ Date: FOR V ALUABLE CONSIDERATION, Carolyn J. Abbott, a single person, Grantor(s), hereby convey(s) and warrant(s) to Tnhro F. Amodeo arid Deborah L.Amodeo as joint tenants, Grantee(s), real property in scon County, Minnesota, described as follows: The West 200 feet of the East 770 feet of Tract A, REGISTERED LAND SURVEY NO. 39, Scott County, Minnesota. Together with a non-exclusive easement or right in common with others for access to Prior Lake, Scott County, Minnesota, over a 60 foot wide strip of land adjacent to Lot One (1) of Red Oaks in said county and state. And an easement over feet of road adjoining the access. "The Seller certifies that the Seller does not know of any wells on the described real property. " (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Subject to easements, restrictions, reservations of record, if any. Affix Deed Tax Stamp Here 4/!//1n #~&ofL: Lc'i%lytA: ~ STATE OF MINNESOTA} COUNTY OF scon ss. The foregoing instrument was acknowledged before me this Abbott, a single person, Grantor(s). The City of Prior Lake Subaivlsion regulations. as set forth In Part 10 of the City Code of PrIor Lake, Minnesota, do not apply to this application. ~.~Date: zJJdOi (J1ly of Prior Lake Planning ~ . IV"" day of ~vua~ 2004, by Carolyo J. NOTARIAL STAMP OR RANK) reo CONNIE CARLSON NOTARY PUBLIC - MINNESOTA My CommisSion expires Jan. 31, 2005 L:= ....... (!JJAi;f;{<( /1A ~ · rHIS INSTRUMENT WAS DRAFfED BY (NAME AND ADDRESS) Kohlrusch Title Services, Inc. 128 West 3rd Avenue P.O. Box 355 Shakopee, MN 55379 File No. SC10485 Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): John Amodeo and Deborah South 4893 Rutledge SI. S.E., Prior Lake, MN 55372 QUIT CLAIM DEED Individual(s) to Individual(s) STATE DEED TAX DUE HEREON: $ 1.65 Date: February 12th, 2004 FOR VALUABLE CONSIDERATION, Carolyn J. Abbott,a single person, Grantor(s), hereby convey(s) and warrant(s) to Carolyn J. Abbott, Grantee(s), real property in SCOTI County, Minnesota, described as follows: The East 265 feet of Tract B (as measured at right angles to the east line of said Tract B (Registered Land Survey No. 39, files of Registrar of Titles, Scott County, Minnesota. "Total consideration of this transaction is $500.00 or less." "The Seller certifies that the Seller does not know of any wells on the described real property. " (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Subject to easements, restrictions, reservations of record, if any. Affix Deed Tax Stamp Here dvw /)'~~d77; ~~Ab~ -- . The City of Prior Lake Subdivision regulations. as set forth In Part 10 of the City Code of PrIor Lake. ADMINISTRAllVE LAND SUBDJYISION Minnesota. do not apply to this application. CASE FILE#""", / ~ I/.. - . L' J This application complies wi e provisions of By: . ~ate: 'Z /0,0<./_ Section 1006.1001 the Ci od f Prior lake. Ity of Prior Lake Planning Department Minnesota and Is IIGre' approved Prior Lake. STATE OF NESOTA} By: . Date: City of Prior LakA Planning Department COUNTY OF SCOTI ss. 10 The foregoing instrument was acknowledged before me this lith day of February, 2004, by Carolyn J. Abbott, a single person, Grantor(s). . ~ N01~i8'~' TAMPC(jN~fil.ISSf(HER 'ITLE OR RANK) . NOTARY PUBUC. MINNESOTA . My CommIsSiOn Expires Jan. 31'::J Kohlrusch Title Services, Inc. 128 West 3rd Avenue P.O. Box 355 Shakopee, MN 55379 File No. SC10485 s~i.~~m(r~NT Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) John Amodeo and Deborah South 4893 Rutledge St. S.E., Prior Lake, MN 55372 Property Search Results Page I 0[2 f~ Scott County Property Information Search Results General Property Information Property ID: Roll Type: Payable Year: Owner Name: Property Address: City/State/Zip: Taxpayer Name: Taxpayer Mailing Address: House Add ress: PO Box: City /State/Zi p: 25-064001-0 Real Estate 2004 HUSNIK,MITCHELL C 4893 RUTLEDGE ST SE PRIOR LAKE MN 55372 HUSNIK,MITCHELL C 2525 WILLIAMS DR APT 247 BURNSVILLE MN 55337 Legal Description Information Lot/Block/Plat# : Plat Name: Section/Townsh ip/Range: Deeded Acres: Legal Description: TCT A 25064 PLAT-25064 RLS # 039 0.00 EX E 770' Miscellaneous Information School District: Taxing District Code: Taxing District Name: 719 2001 PRIOR LAKE CITY http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi _isapi.dll?RowCount=20&currPage= 1 &Co... 2/1012004 Property Search Results Valuation & Tax Information Estimated Market Value of Land: Estimated Market Value of Building: Estimated Market Value Total: Total Net Taxes for Current Year: Total Special Assessments Due for Current Tax Year: Total Net Tax plus Special Assessments: Outstanding Special Assessments: Payments: Green Acres: Ag Preserve: Tax Classifications Property Type: Homestead Status: Exempt Status: Sales Information Last Qualified Sale: Amount: Building Characterstics $35,000 $0 $35,000 $0.00 $0.00 $0.00 $0.00 $0.00 RESIDENTIAL Y 11/26/2003 $55,000.00 N/A Main Menu I Prooertv ID Search I PrODertv Address Search Owner Name Search I Leaal DescriDtion Search I CRV Search I Prooertv Tax Estimator Page 2 of2 http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi _isapi.dll?RowCount=20&currPage= 1 &Co... 2/1012004 Property Search Results Page I 0[2 Scott County Property Information Search Results General Property Information Property ID: Roll Type: Payable Year: Owner Name: Property Address: City/State/Zip: Taxpayer Name: Taxpayer Mailing Address: House Address: City/State/Zip: 25-064003-0 Rea I Estate 2004 ABBOlT/CAROL YN J 4893 RUTLEDGE ST SE PRIOR LAKE MN 55372 ABBOlT/CAROLYN J 4893 RUTLEDGE ST SE PRIOR LAKE MN 55372 Legal Description Information Lot/Block/Plat# : Plat Name: Section/Townsh ip/Range: Deeded Acres: Legal Description: TCT A 25064 PLAT-25064 RLS # 039 0.00 LYING W OF E 570' & E 265' OF TCT B Miscellaneous Information School District: Taxing District Code: Taxing District Name: 719 2001 PRIOR LAKE CITY http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi _ isapi.dll?RowCount=20&currPage= 1 &Co... 2/1 0/2004 Property Search Results Valuation &. Tax Information Estimated Market Value of Land: Estimated Market Value of Building: Estimated Market Value Total: Total Net Taxes for Current Year: Total Special Assessments Due for Current Tax Year: Total Net Tax plus Special Assessments: Outstanding Special Assessments: Payments: Green Acres: Ag Preserve: Tax Classifications Property Type: Homestead Status: Exempt Status: Sales Information Building Characterstics Type: Year Built: Architectural Style: Foundation Size (Sq Ft): Garage Size (Sq Ft): Bedrooms: Bathrooms: Page 2 0[2 $40,000 $244,000 $284,000 $0.00 $0.00 $0.00 $0.00 $0.00 RESIDENTIAL Y N/A RES 1968 TWO STORY 1,978 816 6 4.00 Main Menu I Prooertv ID Search I Prooertv Address Search Owner Name Search I Leaal Descriotion Search I CRV Search I Prooertv Tax Estimator http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi _isapi.dll ?RowCount=20&currPage= I &Co... 2/1 0/2004 I FEB-09-2004 . ,A4: 07 J~ R. HILL INC. ~44 P.02 JAMES R. HilL, INC. PwcHBS ENGINEERS SUlmOIS 2500 Wm (oum ROAD 42, SUM 120 BIIIMSVIW, MulNlSOTl55337 (952) 890-6044 FAX (952) 890-6244 1523 94TH WE HE, Sum B BlAINE, MutNESOTA 55449 (763) 792-1136 fAx (763) 792-1743 February 9, 2004 \ Mr.: Mitchell Husnik Lif., Style Homes and Properties, Inc. 112~ W. State Street Belle Plaine, MN 56011 I . I RE; The East 265 feet of Tract B (as Measured at right angles to the east line of said Tract B), i. REGlSlel'ED LAND SURVEY NO. 39, files of the Registrar of Titles, Scott County, MN Dear Mitchell: -'~ Upon the request of Joe Lehrer of RelMax-Metro South, I have reviewed the existing conditions maP for the preliminary plat of the parcel of land referred to as "the Abbott Property" which has been ,....,.ared by James R. Hill, Inc. and is noted as Project No. 21326 dated September 12, 2003. A part of said map is comprised of the above referenced part of Tract B Registered Land Survey . No. 39. I have d...~..u..ined that the part of the above referenced property which lies upland from the wetland edge, as delineated by Graham Enviu...uaucntaJ Services and located by James R. Hill, lne: August 25, 2003, contains 12615.000 square feet. Please be advised that said preliminary plat is currently being reviewed by the City of Prior Lake Development Review Committee and a number of conditions as shown on said preliminary plat could be subject to change. For your reference, I am enclosed an 11" x I T' reduced copy of our original preliminary plat copy. If you have any comments or questions, please feel free to contact me. Sincerely, J~J;o~ c{QuyRY"'~ r:r- License No. 11529 ~ JGR.:vp ~Mijl., ~ ~ R~* Metro South Q Independently Owned and Operated 17645 Juniper Path, Suite 200 Lakeville, Minnesota 55044 Office: (952) 898-5760 Fax: (952) 898-5801 .. EHRER Expect the Best! f-". I.~ n = , REGISTERED LAND'SURVEY NO.-il.. ICOTT COUNTY, MINNIIOTA ~UNI,I9I7 = ~ ~ ~. .mT.~NMm.~T '1._. " :nUl- I ..,. """ll1.W:: : .. 'n , l'>o _~o. <( ~.O .i~~ zi I .c. o z ..... C;)Z O! .~ i~ l&Jj ~; .J~ .J ~ L.L.- ~""~"-:';;;;:.",. ..,.&._~........t!""'~o_-=o... ,-~.-""'1t.I1I11 II t tr.eNb7 cert.itr U1a\ lD AOoordanu "4t.b t.h. prortdOft. of Q)aptu 5011. Nlnn..ota st.atu... at 19.9, .. ...nd.a, I ban IU~ the tollow1nc 4eMlrlbed t.n.c1i or land 11!. t.M Cowrt.T ot Scot to .... St.ah of >>t1m.-... toMlt I That part of Qoy'\. Lot 1, s.oUCllll 3S. ToWtah1p 11S, JIanCe 22, d....ribed u tallo_. Be&1m1n& ..t . point. in to'" Jut. lintI or Mid Goy1to Lot. l, dhtant )3),24. tM\; IoYtb of the lut. t com... of s.cUoa 'SI t.Mnca S ?S4.71' W .. difianaa at 1'719~12 tMt _N or h.. to the katul.7 una of Reel...... Land 8W'Yq 110. 22, tbenu lilort.herlT alanc aid &uterl.7 line to t.ba aent.'I'U~ or .. t.o.uhip raid. th.w:e I'.allWrl.7 &lonI M1Al cct.rl1lie too tJ!.. letlt. line o! &aid Doy'\. Lot. 11 tnean Sou.t.h to point. of bq1nrlinc. (Ian line of GoY'\. Lot 1 .... ...-d to ba dtM North and. 5out.b.) 'l'b.-.t Ul. 1UJ"fq IMIft bareGft 1e .. ODIT_t c1.J.t.n..tlan of Mid 1I1U'YeJ". Dated. t.bh ,tJ" dq of ..\......... A.D. 1961. ,.~.;~~.<< TMe bg1ater. Land ~ .. 'PPI'DT" Ild ~c.pt.. Iq tM. TO'lIn Board. ot Iacl. Cnek TlN\lh1p, Scott ~~b~.ot.a~ ~..:-~~~ ~ot, hel4 t~. ~ 800D OF UQLJ, ataI: TWP, scon CO..IIDQf. .. ~L ~ ~ 1<........... '':-,''i . ",' J;'''t~""'''' :~' =:;;-.::~ ~~:!: 't. ;.:9 + ...'(ct%~'''JZ f 7~~::L (I. rL~ ~ 0..._ ~ _....~~jl-".:( -.&._--'~_<_.#fiI om..., _ of ,.'" Scaa c...".. ........ ,...CfJIf",.........JIiiho -'1J:::....!IJ"o"'-- ..". --,,-}Mt4fV-....1D ~~:'._~(l~ ~~p';... .~ ll! " oJ Ul II~I;~.-;;'~"Ei. ;) - · 1,2,,46 . ,..o("')1f 'J S 1/2 SEe 35 T 115N R 22W . i. i. i i . . . ..-.-.-.-.-.+..-.-.-.-.-.-.-.--.-.-.-.-.-.-.-.--. . . i Parcel Half-Section Scott County, Minnesota 1/ ..t;"",,''-~ 12~ 345678 ~!~o(DIIJ TF 259340090 ?\ PRIOR LAKE 17 - 18 ~~N 19 '-- 21'10 g (') o ~ N 259350010 , , , i ~ ( i i i i I~ ,~~ #.~~, 'c,<c,...... ~ 'l-~ 0180 0181 259350350 0150 259350350 #" \.o~ '1. ~ ~ Q - H'TW ~T S.E o 8 259020020 /1/ 0530 --..... This ctawmgis fEilhera legafly re:oatedlDllpnorasur:vl%' nis m inIaxIed 10 be used as one. This cbawil& is a ~ion ofFa:Olds, ~ion, aid .aloc*<l in v.-ious city, munIy, and sta oirlCC5, nI oIhersomtes; 1&dq,1heueaslDwn,. ani is t) be used ... .._ _ only. Scol CounIy is IlOtr......,;lfeforlll)' inEancir:sheranconaincdlfd',.~ ~... .elJefomd,pleasecodacl IheSlXIII C....ySurveyoIS Oflic<. rs:Jou N ~. 400 o 400 800 Feet COUNTY SURVEYOR SCOTT COUNTY, MINNESOTA December 19. 2001 S 35-115-22 9-15-2003 Universal Title Company 7777 W ashington Avenue Edina, MN 55439 LifeStyle Homes & Properties 1122 West State Street Belle Plaine, MN, 56011 AI"IN: Mitch RE: 500 FOOT RADIUS SEARCH FOR THE LANDS DESCRIBED AS FOLLOWS: East 265 Feet of Tract B-RLS#39 & Tract A-Except the East 770 Feet, RLS#39 Dear Mitch: We have examined the records in the office of the County Recorder for Scott County, Minnesota and have found the following names/parcels to have an interest within 500 feet of the above described property: zed~~ -=:I Universal Title LI ,LICENSED ABSTRACTOR STATE OF MINNESOTA , . SEP 2. 9 2003 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 RETURN SERVICE REQUESTED ~ ~'{. G9~L 0~~ 6I~\ - ~ l':=:'/\i.J:~..2 .I~ ~;:::. ',0 "'I~'~""""~~ ~ j-5'-~._ I~ US DEC26'03 I '"(." ~.~ ~l . . I.. _ ( .i..o~l!l'n ::: ~IN~ i'.~'HlfR (;~)':.S715 _ Lifestyle Homes and Properties Attention: Mitch 1122 West State Street Belle Plaine, MN 56011 LLrc~2~ 5bO~~~OO~ ~co~ O~ ~2/2~ RETURN TO SENDER :LIFESTYLE HOMES & PROPERTIES INC 2525 WILLIAMS DR APT a~7 BURNSVILLE MN 55337-~q3b RETURN TO SENDER :,:.t.O i i + i 00 1111111111111111111"11,1111,1,111,.11,,,'1,111111,111,III Douglas A. & Connie J. Miller 4822 Rutledge Street Prior Lake, MN, 5372 ,#251520060 6/1 Johnson's Addition Brent L. & Lori K. Johnson 15560 Lakeview Circle Prior Lake, MN, 55372 #251510070 7/1 Bimo's Addition Lisa L. & Robert L. Miinch 4836 Rutledge Street Southeast Prior Lake, MN, 55372 #251520070 7/1 Johnson's Addition James M. & Michelle T. O'Keefe 15546 Lakeview Circle Prior Lake, MN, 55372 #251510080 8/1 Bimo's Addition William M. & Donna M. Scherer 4854 Rutledge Street Southeast Prior Lake, MN, 55372 #251520080 8/1 Johnson's Addition Renee K. Clark 15485 Red Oaks Road Southeast Prior Lake, MN, 55372 #251440030 3/1 Thompson's 1st Addition Clifford D. Krutilek 4843 Adrian Circle Southeast Prior Lake, MN, 55372 #251440040 4/1 Thompson's I st Addition Gregory A. Larson 15527 Red Oaks Road Southeast Prior Lake, MN, 55372 #251510020 2/1 Bimo's Addition Daaron R. & Michelle K. Delong 15545 Red Oaks Road Southest Prior Lake, MN, 55372 #251510030 3/1 Birno's Addition Irene Abrahamson 4696 Rutledge Street Prior Lake, MN, 55372 #251510040 4/1 Bimo's Addition Wallace & Elizabeth Jolmson 4712 Rutledge Avenue Prior Lake, MN, 55372 #251510050 5/1 Bimo's Addition Richard P. & Priscilla Didion 4738 Rutledge Prior Lake, MN, 55372 #251510060 6/1 Bimo's Addition City of Prior Lake-City Manager 16200 Eagle Creek A venue .Prior Lake, MN, 55372 #259350300 20.17 Acres in GL I 35-115-22 Linda Marie Kasparek 15533 Breezy Point Road Southeast Prior Lake, MN, 55372 #251580010 1/1 Hannen's 3'd Addition Randy S. & Tina D. Koch 7880 l87lh Street Belle Plaine. MN, 56011 #250910080 3/2 Gateway Shores Dirk W. & Johnna J. Braaten 15630 Ridgemont Avenue Southeast Prior Lake, MN, 55372 #2508100 I 0 1/1 The Oaks Bruce A. & Nancy 1. Monson 15491 Stefan Circle Prior Lake, MN, 55372 #250910210 6/4 Gateway Shores Randy S. & Tina D. Koch 7880 l87lh Street Belle Plaine, MN, 56011 #250910090 4/2 Gateway Shores Carolyn J. Abbott 4893 Rutledge Street Southeast Prior Lake, MN, 55372 11250640010 1'/0 Tract A, RLS#39 Todd R. & Sharon L. Krueger 15511 Stefan Circle Prior Lake, MN, 55372 11250910220 7/4 Gateway Shores Richard H. & Dana L. Giese 15526 Stefan Circle Southeast Prior Lake, MN, 55372 11250910 100 5/2 Gateway Shores Carolyn J. Abbott 4893 Rutledge Street Southeast Prior Lake, MN, 55372 #250640030 1'/0 Tract A, RLS#39 Charles & Barbara Schoenrock 4926 Rutledge Street Southeast Prior Lake, MN, 55372 #250910230 8/4 Gateway Shores Roberta Ludowese 4891 Bianca Circle Southeast Prior Lake. MN, 55372 #250910110 6/2 Gateway Shores Michael D. Abbott 4951 Rutledge Street Southeast Prior Lake, MN, 55372 #250640031 1'/0 Tract A, RLS#39 Wayne N. & Carlotta Austin 15530 Breezy Point Road Prior Lake, MN, 55372 #250910240 9/4 Gateway Shores Ellen L. & Peter J. White 4887 Bianca Circle Prior Lake, MN, 55372 #250910120 7/2 Gateway Shores Brent E. & Amy C. Taber 4931 Rutledge Street Southeast Prior Lake, MN, 55372 #250640032 1'/0 Tract A, RLS#39 Karen A. & Gregory R. Matz 15510 Breezy Point Road Prior Lake, MN, 55372 #250910250 10/4 Gateway Shores Glen D. Grussing 15545 Lakeview Circle Southeast Prior Lake, MN, 55372 #251520010 1/1 Jolmson's Addition Adrienne M. Carney 4960 Rutledge Street Southeast Prior Lake, MN, 55372 #250640050 1'/0 Tract A, RLS#39 Jerome G. & Colleen Donarski 4886 Bianca Circle Prior Lake, MN, 55372 #250910130 1/3 Gateway Shores Scott A. & Connie M. Carlson 15559 Lakeview Circle Southeast Prior Lake, MN, 55372 #251520020 2/1 Jolmson's Addition Carl D. & Glenda Anderson 4795 Rutledge Street Southeast Prior Lake, MN, 55372 #250640070 1'/0 Tract B, RLS#39 Lawrence A. & Dawn E. Durbin 4894 Bianca Circle Prior Lake, MN, 55372 #250910140 2/3 Gateway Shores David W. & Sandra K. Kampen 4770 Rutledge Street Prior Lake, MN, 55372 #251520030 3/1 Johnson's Addition John R. & Renae P. Larson 4775 Rutledge Street Prior Lake, MN, 55372 #250640071 1'/0 Tract B, RLS#39 Jack G. & Mary A. Haugen 4824 Adrian Circle Southeast Prior Lake, MN, 55372 #250910060 1/2 Gateway Shores James W. & Joyce L. Conroy 4790 Rutledge Street Southeast Prior Lake, MN, 55372 #251520040 4/1 Johnson's Addition City of Prior Lake-City Manager 16200 Eagle Creek Avenue Prior Lake, MN, 55372 #250640080 Tract C, RLS#39 Jack G. & Mary A. Haugen 4824 Adrian Circle Southeast Prior Lake, MN, 55372 #250910070 2/2 Gateway Shores Mark R. & Laura A. Schroeder 4806 Rutledge A venue Southeast Prior Lake, MN, 55372 #251520050 5/1 Johnson's Addition CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace (651) 452-5000 Fax (651) 452-5550 * * * Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl" John F. Kelh. Matthew J. Foli Marguerite M. McCarron George T. Stephenson "" Al.'iO [iCl'1t:,t.'d III \'CI.'iC(lIlS:n Writer's Direct Dial: 234-6226 Writer's Fax: 452-5550 August 10, 1998 Ms. Carolyn Abbott 4376 Hickory Hills Trail Prior Lake, Minnesota 55372 RE: Request for Compensation Dear Ms. Abbott: Thank you for your patience while I analyzed the circumstances and facts pertaining to your request for compensation from the City for flooding on your property. As I understand it, this is the second time you have approached the City seeking compensation for events that occurred in the late 1970's and early 1980's. In April of 1994 and again in March of 1995, Attorney David Erickson made demands of $150,000 and $247,608 respectively. By letter dated April 7, 1995, Attorney Erickson was advised that the City's insurance carrier denied your claim stating: Allied Adjusters [has] conduct[ed] an investigation into this matter on behalf of the [League of Minnesota Cities Insurance Trust] of which the City of Prior Lake is a trust member. . . . . . . . . .As a result of that investigation, we do not feel that there is any negligence or liability on the part of the City of Prior Lake and must, therefore, respectfully decline [Carolyn Abbott's] claim. Despite learning of this letter, I did what I promised I would when City Engineer Greg Ilkka and I met with you last month. Pursuant to our meeting, I agreed to undertake a review and analysis of the facts and circumstances surrounding the flooding on your property, and to respond to your most recent request for compensation from the City. To that end, Mr. Ilkka and I spent one complete morning at the League of Minnesota Cities Insurance Trust ("LMCIT") reviewing (1) the investigation report prepared by Allied Adjusters; (2) staff reports dealing with the May 17, 1993 preliminary and final plat approvals and variance approvals granted for the development of your property; and (3) the legal analysis that was prepared pursuant to your 1994 claim. I have alerted the LMCIT of your resurrected interest in seeking compensation from the City. Under the protection of the attorney-client privilege, LMCIT provided me with copies from their files of what I considered the relevant documents. I have analyzed those documents, conducted some Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 C. Abbott August 10, 1998 Pa2e 2 of 3 additional legal research and am now prepared to respond to your compensation request. I understand you have a realtor who may be advising you on this matter. In this case, I thought it would be helpful to briefly summarize the history of your dealings with the City on this matter. BACKGROUND 1. In approximately 1981 or 1982 the City installed a dike or culvert to the wetland in the rear of your property to keep water from the wetland from overflowing, cascading over Rutledge A venue and then freezing on the roadway surface creating a heavy ice build-up and hazardous condition. From the late 1970's until 1981 or 1982 it had been the City's practice to install an earthen dike at the highest water table level each fall so the water could flow over in a controlled manner, run into a ditch, then dump into a sewer so that the water would then travel underground and eventually dump into Prior Lake. In the spring, the earthen dike would be removed and not reinstalled until the fall. In 1981 or 1982, the dike became a permanent structure on the land. 2. Before installation of the dike, the area consisted of three wetlands: two on your property and one larger wetland under the jurisdiction of the Department of Natural Resources. Subsequent to 1981 or 1982, the three wetlands merged in the middle to form one large, higher quality wetland. The City has no record of any complaints from you (or any other person) about the wetlands merging until May, 1994 when the City received the first of Mr. Erickson's two demand letters sent on your behalf. 3. On May 17, 1993, the City Council approved the final subdivision, with variances, of your property into six lots as proposed by you and your co-applicant, Mr. Lyle Bakken. The City also granted a 10 yard front setback variance to minimize f11ling in the wetland area. In May of 1993, a wetland mitigation plan was approved. The City worked with the U.S. Army Corps of Engineers and the Department of Natural Resources to assist you and Mr. Bakken in obtaining the necessary approvals for the wetland mitigation plan. In September of 1993, a grading permit was issued which allowed for the filling of the lots and wetland mitigation on City property in Fish Point Park. 4. The City Council granted several extensions to the plat approval to allow additional time above that permitted by City Ordinance No. 634 to allow for the completion of the filling. 5. You and Mr. Bakken abandoned the develv!-,.lllent. 6. Prior to placing the dike, your property could have been developed into six lots and after the wetland merged you still had six buildable lots as evidenced by the final plat that was approved for the develu!-,.lUent of the property. Inherent in your request for money from the City is the question of what you will do if the City denies your claim. Consequently, I have analyzed various theories of liability including trespass, C. Abbott August 10, 1998 Pa2e 3 of 3 nuisance and takings. I have also analyzed the City's various defenses: discretionary immunity, prescriptive easement, adverse possession and the various defenses to negligence. I will advise the City Council it is my opinion that the City would prevail in any litigation brought against it based on the facts as set out above. However, the easiest and most compelling defense for the City is that the 10- year statute of limitations for improvements to real property has expired. Obviously, you should consider consulting with an attorney of your own choosing regarding this matter. If you should choose to develop your property in the future, I know that City staff will be as helpful as they properly can be in assisting you. Very truly yours, CAMPBELL KNUTSON Professional Association By: ~-4typ~ " Suesan Lea Pace SLP:kgm cc: Frank Boyles, City Manager Greg Ilkka, Director of Public Works and City Engineer Don Rye, Director of Planning Mark Rossow, LMCIT , .t .j !j : ~ ., DRe COpy James R. Hill, Inc. Attention: Chris Remus 2500 West County Road 42, Suite 120 Bumsville, MN 55337 RE: City of Prior Lake Review for Application Completeness for the Preliminary Plat of the Abbott Property Dear Mr. Remus: On September 29,2003, the City of Prior Lake Development Review Committee (DRC) received an application for a prefiminary plat for the Abbott property. We have determined the following information must be submitted before we. wilr consider this application complete: 1. A complete application for a variance to the minimum lot area requirements- . for the proposed lots. 2. A copy of the Watershed District permit application, including verification by the Watershed District of receipt of that application. 3. The proposed name of the subdivision. 4. Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within two hundred feet (200') of the tract. Existing and proposed pipe grades, rim and invert elevations, and normal and high water elevations mustbe included. 5. Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage. 6. Locations, grades, rim and invert elevations of all storm sewer facHMes, including pond!, proposed to serva the tract. -=- 7. All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detaH plates for each measure must be included on the plan. 8. All revegetation measures propO$ed for the property, including seed .and mulch types a~ application rates must be included on the plan. ~ 1:103 fileslO3 subdlvisionslO3 prelim platlabbot propertyllncomplete.doc . . ~age 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . . r 9. Location of all existing utilities. 10. Location .of all proposed utilities, including: a} Water. All mains, hydrants, valves and services. b) Sanitary Sewer: All facilities including mains, manholes, lift stations, and services with invert and top of casting elevations. c) Storm Drainage: All facilities including all piping, culverts, catch basins, manholes, lift stations and ponds with invert and top of casting elevations, and hydrologic calculations in accordance with the Public Works Design Manual. d) Private Utilities: All gas, electric, cable and telecommunication facilities. 11.A wetland delineation report and a wetland mitigation plan. The above items must be submitted before we will consider this a complete application. Once we have determined you have submitted a' complete application, the DRC will begin. formal review of the preliminary plat. Once we have completed our review, we will notify you of any required changes to the plans. If necessary, we will schedule a DRC meeting to review this plat. Thank you for your attention to this matter. If you have questions relative to the preliminary plat review process, or related issues, please contact me directly at 952-447-9810. Sincerely, Q.~ ane Kansier, AICP lanning Coordinator cc: Lifestyle Homes and Properties, Inc. Carolyn Abbott ORC Members -- - - . .. 1:\03l18s\03 subdivisions\03 prelim plat\abbot propertyllncompl8te.dOC :# Page 2 CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: ABBOTT PROPERTY PRELIMINARY PLAT An application for a preliminary plat consisting of 3.75 acres to be subdivided into 4 lots for 3 new single family dwellings and 1 existing dwelling unit. Lifestyle Homes and Properties, Inc. Carolyn Abbott James R. Hill, Inc. Chris Remus 952-890-6044 SITE INFORMATION 25-064-001-0 25-064-003-0 4893 Rutledge Street SE This property is located on the south side of Rutledge Street, west of Ridgemont Avenue and immediately north of Lakefront Park. R-1 R-L1MD I APPLICANT: I PROPERTY OWNER: I PROJECT ENGINEERS: CONTACT PERSON: PID#: LOCATION: I EXISTING ZONING: I COMPREHENSIVE PLAN: I I PROJECT REQUEST: Review application. I DISTRIBUTE TO: I + Frank Boyles + Bud Osmundson I + Sue Walsh + Sue McDermott + Ralph Teschner + Larry Poppler + Chris Esser + Fire Chief + Bob Hutchins + Bill O'Rourke + Don Rye + Cindy Kirchoff II I + DNR - Pat Lynch I County Hwy. Dept. I MNDOT I SMDC I Met. Council + Minnegasco + Watershed Dist. . Telephone Co. . Electric Co. . Mediacom Cable APPLICATION FOR: - - Administrative Land Division Comprehensive Plan Amend. Conditional Use Permit Home Occupation Rezoning Site Plan + Preliminary Plat PUD Final Plat Variance Vacation Date Received 9/29/03 Date Distributed 10/6/03 Date Due 1 0/30/03 Complete Application Not Date Distributed to 10/6/03 DRC Meeting 10/30/03 Date complete DRC Publication Date Tentative PC Date Tentative CC Date 60 Day Review Date Review Extension '" 1:\03 files\03 subdivisions\03 prelim plat\abbot property\referral.doc I J Page 1 I have reviewed the attached proposed request (Abbott ProDertv Preliminarv Plat) for the following: r -- Water City Code Grading I Sewer Storm Water Signs I Zoning Flood Plain County Road Access I Parks Natural Features Legal Issues I Assessment Electric Roads! Access Policy I Septic System Gas Building Code I Erosion Control Other ~ Recommendation: Approval Denial Conditional Approval Comments: Signed: Date: Please return any comments by Thursdav. October 30.2003, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952)447-9812 Fax: (952) 447-4245 e-mail: jkansier@cityofpriorlake.com 1:\03 files\03 subdivisions\03 prelim plat\abbot property\referral.doc Page 2 INTEROFFICE MEMORANDUM DATE: PLANNING/ENGINEERING Ralph Teschner, Finance Director ABBOIT - preliminary plat (assessment/fee review) October 6, 2003 TO: FROM: RE: P/O of Tract A RLS #39 (PIN #25 064 001 0 & 25 064 003 0) is proposed to be platted into McCormick Acres. The property was initially served with sewer and water utilities in 1973 under Project 73-6. Under the original assessment roll this property was assessed lateral front footage of 687.27' that represented the entire frontage. The property was also assessed 100% for sewer and water trunk acreage charges and stormwater improvements. In addition to these improvement costs, the subdivision will be subject to the following City charges: Park Dedication Collector Street Fee $2670.00/unit $1500.00/acre Lot 4 Block I of the preliminary plat would be exempt from these fees since an existing home is located on the parcel. The remaining three lots would be subject to the application of these City charges which would generate the following costs to the developer based upon a net Dlus fill lot area calculation of 1.04 acres as provided within the site data summary sheet of the preliminary plat description. Cash Park Dedication: 3 units @ $2670.00/unit = $8,010.00 Collector Street Fee: 1.04 acres @ $1500.00/ac = $1,560.00 Assuming the initial net lot area of the plat does not change, the above referenced cash park dedication and collector street charges would be determined and collected at the time of final plat approval. There are no other outstanding special assessments currently certified against the property. Also, the tax status of the property is current with no outstanding delinquencies. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 H:\SPLITSlAbbott.doc AN EQUAL OPPORTUNITY EMPLOYER a.E C~'l James R. Hill, Inc. Attention: Chris Remus 2500 West County Road 42, Suite 120 Burnsville, MN 55337 RE: City of Prior Lake Review for Application Completeness for the Preliminary Plat of the Abbott Property Dear Mr. Remus: On September 29,2003, the City of Prior Lake Development Review Committee (ORe) received an application for a preliminary plat for the Abbott property. We have determined the following information must be submitted before we will consider this application complete: . 1. A complete application for a variance to the minimum lot area requirements for the proposed lots. 2. A copy of the Watershed District permit application, including verification by the Watershed District of receipt of that application. 3. The proposed name of the subdivision. 4. Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within two hundred feet (200') of the tract. Existing and proposed pipe grades, rim and invert elevations, and normal and high water elevations must be included. 5. Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage. 6. Locations, grades, rim and invert elevations of all storm sewer facHfties, including pondS, proposed to serve the tract. 7. All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detail plates for each measure must be included on the plan. 8. All revegetation measures proposed for the property, including seed and mulch types and application rates must be included on the plan. 1:\03 files\03 subdivisions\03 pre;; platlabbot propertylincomplete.doc .' ~ge 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , '! 9. Location of all existing utilities. 10. Location of all proposed utilities, including: a) Water: All mains, hydrants, valves and services. b) Sanitary Sewer: All facilities including mains, manholes, lift stations, and services with invert and top of casting elevations. c) Storm Drainage: All facilities including all piping, culverts, catch basins, manholes, lift stations and ponds with invert and top of casting elevations, and hydrologic calculations in accordance with the Public Works Design Manual. d) private Utilities: All gas, electric, cable and telecommunication facilities. 11.A wetland delineation report and a wetland mitigation plan. The above iter:ns must be submitted before we will consider this a complete application. Once we have determined you have submitted a complete application, the ORC will begin formal review of the preliminary plat. Once we have completed our review, we will notify you of any required changes to the plans. If necessary, we will schedule a ORC meeting to review this plat. Thank you for your attention to this matter. If you have questions relative to the preliminary plat review process, or related issues, please contact me directly at 952-447-9810. Sincerely, Q.~ ~nSier. AICP Planning Coordinator cc: Lifestyle Homes and Properties, Inc. Carolyn Abbott ORC Members " 1:\03 liIes\03 subdivisions\03 prelim p1allabbot property\incomplete.doc ...... ~ Page 2 I'": OCT - 9 2003 I have reviewed the attached proposed requestj(r'..'..:rllw,:PNflfntt,ilrv,..... for the following: Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control Recommendation: Comments: No l City Code Storm Water Flood Plain Natural Features Electric Gas I Other Approval Grading Signs County Road Access Legal Issues Roads/Access Building Code Denial Conditional Approval Ca ;v1 /1A t:=-7\ II . -. .J 7 n A+J -rf1A-"C I tV 'D?W'ILM\Nb'L) \\\~ A1-o .v I~ #/3(jIl~ 4+-70-/'70 W. SP13rl <; mr:;- f-" tz..o Pi:::- y c.r-I , ! '19 '=' --r HE- () T)...{ E12-- IJ..) N~ \ k.l.cTL-~ ~ ~ ~o ~. tJHW L /~ ~7 b0 df w~ P1LJ.--. n Signed: J;~~CYN~ate {c1ID7/o~ DN t2- - w~s Please return any comments by Thursdav. October 30.2003, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 e-mail: jkansier@cityofpriorlake.com 1:\03 files\03 subdivisions\03 prelim plat\abbot property\referral.doc Page 2 l have reviewed the attached proposed request (Abbott Prooertv Prelimlnarv Plat) for the following: - Water Sewer Zoning Parks Assessment Policy Septic System Erosion Cont~()I.__. .X.. City Code Storm Water Flood Plain Natural Features Electric Gas Other IL\....L Re~omm~ndation : X Approval Denial Comments: NO c..DNc.. t~ ~ Grading Signs County Road Access Legal Issues Roads/Access I Building Code I. Conditional Approval .; tQtegra TELECOM 'Don Barlage . D.S.P. Engineering & Design ~" . , . ' . . plrect Dial: (952) 226-7064 ~. . ..... . .2) t, . ~ . , ~ ' i I . . " .'.' ", ' ".' ._~.,- ". .' . . , 'iii,., Iidlll~JlIl!i!lilill~.""~'" ,.,.. " I .\~t<.- . '- MM.Jl~,"..r " ilJft~,..., . : ~I. ,: ~.; . :!:!,,' : . . ' . ~ Signed: ,,~ bk Q. o 4690 COlorado Street S.E. P~or LaKe, MN ~372 Moo:la (612)919.5887 Fax (952) 226-375$ don. Danagc@lntegra16lec;om.com Wfflj,int6llr'alBI9Cllm. com 'iIIIii"" Dale: ID-2 -O~ Please return any comments by Thursday. October 30.2003, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 e-mail: jkansier@cityofpriorlake.co". 1:\03 flles\03 subdivisions\03 prelim plat\abbot property\referral.doc Page Z 101m 39\;;1d id W083i31 \;;Id931NI BSLE9C:C:C:S5 01:E1 E00C:/B0/01 Prior Lake-Spring Lake Watershed District Resolution 03-184 Policy for Replacement of Wetlands to Maximize Benefit to the Watershed Whereas, the Wetland Conservation Act of 1991 as amended and rules promulgated thereunder allow for replacement of wetlands in accordance with the sequencing provided by the statute and rules; and Whereas, the District is charged with managing and preserving water resources within the District, including all wetlands; and Whereas, the District's goals include: A) Minimization of the rate and volume of discharge of stormwater from the watershed, B) Anticipation of future water resources needs, C) Maintenance or improvement of water quality, and D) Reduction to the greatest practical extent of public expenditures needed to manage water resources in the District; and Whereas, wetlands filled or otherwise compromised within this watershed are a direct loss of the District's water resources management capacity; and Whereas, the preservation of the net remaining wetland capacity in this watershed contributes directly and significantly to the District's Goals. Now therefore, be it resolved: The pOlicy of the Prior Lake-Spring Lake Watershed District regarding the geographic location of replacement wetlands is as follows: Before the responsible local governmental unit (LGU) considers or approves of a wetland replacement plan, the District requests that the applicant and the LGU exhaust all possibilities to avoid or minimize adverse wetland impacts, including net losses of wetlands within this watershed, The District urges the economic considerations not be the only or primary factors in deciding whether lost wetlands will be replaced in the District or other often less costly locations, The priority for the location of replacement wetlands, including the use of wetland bank credits, is as follows: a. On site; most preferred, b. Within the same sub watershed, c. Within the Prior Lake-Spring Lake Watershed District, d. Outside of the Prior Lake-Spring Lake Watershed District; least preferred. PLSLWD Resolution 03-184, page 1 of 2. Adopted this i~ Tit day of It it. q 1.1"' r , 20 DO, upon motion by ~/j (.).."R*/' P f( and second'tly &J1f J./rLlVl Y( ITU./i(?/,q , by the following vote: J Gonta rek Kallberg Mueller Wahl Schmokel Ye ..f VcS '\ /cd' A,;~.s /y~J / 11' L; , v /15(: Craig Gontarek, President Attest: ~ ( " C,<,/' /E, )~/A~t-./ I, Larry Mueller, S/cretary of the Prior Lake-Spring Lake Watershed District, do hereby certify that the above resolution was duly passed by the Board of Managers at a duly called meeting on the -1.a th day of -.If u 4..J.J.Sf , 20 () ~ . ...., PLSLWD Resolution 03.184, page 2 of 2 Page 1 of 1 Jim Eggen From: Jim Eggen Ueggen@plslwd.org] Sent: Tuesday, October 21,20034:48 PM To: 'm_husnik@hotmail.com' Subject: Mystical Waters- appNcation # 03.20 As I Noted in the 10/15/03 message I e-mailed you, the application you delivered to the Watershed District on 10/14103 is incomplete and inadequate. An application for a project ofthis nature is largely for: 1) Erosion & Sediment Control (Rule E) and 2) Stormwater Management (Rule D). These two sections relate basically to construction and operation, respectively. Section E 4 indicates the Exhibits to be included in the application regarding Eros & Sed Ctrl. Section D 3 j addresses BMPs, including infiltration. (Infiltration has to be addressed in writing in the application, even if a variance from the infiltration requirements is being sought, or if the there is some reason that the project may be exempt or excluded from those requirements). Section D 5 indicates the Exhibits to be included in the application regarding Stormwater Management. From the drawing only, I estimate that the proposal will involve about 1.15 acres of existing land, and a total of about 2.22 acres of total land area (given the filling in of the adjacent wetland). Since the project appears to be over the applicable thresholds of D 9 e and E 7 e, a permit is required. Sections E, D and several others should be addressed as you compile an application. It is usually best to read the actual Rules, but we suggest that you may want to also use the "checklists". Checklists are not a part of the Rules but they summarize most requirements of the Rules and therefore may serve as a guide as you complete the application. I suggest using Checklists for Rules B, C, D, E, F, G and J. Checklists for H, I and Variance apparently are not applicable to this project as I currently understand it. You or your engineer should include maps showing subwatersheds which are on or partially on the site, both for the existing and proposed conditions. You or your engineer should also provide calculations for the existing and proposed conditions for the 2, 10 and 100 yr events. Note also that your application should include information on the wetland including the type of wetland, how much it is to be filled, etc. (A deHneation is usually done in this regard and a copy is usually supplied to the Distirct). The City of Prior Lake is the local govemmental unit (LGU) primarily responsible for compliance with the Wetlands Conservation Act (VVCA). Ifthe application to the Distirct becomes complete and adequate at least 14 days before the pending District Board meeting, we will put it on the agenda for consideration at that Board meeting. The Board meets on the 2nd Tuesday of most months (Note however, that the 2nd Tues of November is Veteran's day, therefore the November monthly meeting may be rescheduled). This message is being sent to you by both email and regular mail. Please call if you have questions. Jim Eggen Prior Lake-Spring Lake Watershed District 15815 Franklin Trail SE Prior Lake, MN 55372 952-447-4166, fax-952-447-4167 I 0/21/2003 I have reviewed the attached proposed request (Abbott Property Preliminarv Plat) for the following: )( Water X. Sewer Zoning I Parks Assessment Policy I Septic System I Er~ion Control Grading Signs County Road Access Legal Issues Roads/Access ,- City Code Storm Water Flood Plain I X I Natural Features Electric Gas I Other Building Code Re~ommendation : Approval Y Denial Conditional Approval Comments: CD ).Jead w-e.-\-lo.N:l d.,Ql'N.c....h""", 4. ("~y-f ~ ~~a.~~"",+ <i)\O-r\. ~ ~ ~"5-t lQ.R 4.\0 lo( 40 ~\AJ <4- ~ ~+ j s +L bLst- .Ilf\.v-L';~ ~ pvJO.~c- -k-. lill ~~. .!i) '\Ab.w< ~ ~ ~~orvi CLS t;l V'~ 0. \.10...: I ~.h/~ ~~ \0+'" (j) r~~I?A .... r~+la..~1 ~+ LS .AL~'S+~O i..-. 'lQaY ..c,o J-..d........J.. J f~-~ ~ ~Ird ff Signed: ..-s tM. J...t cf)~ /" ,...- Date: 10 /~QIO:J Please return any comments by Thursdav. October 30. 2003, to Jane Kansier, ORC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 e-mail: jkansier@cityofpriorlake.com 1:\03 files\03 subdivisions\03 prelim plat\abbot property\referral.doc Page 2 Page 1 of I Jane Kansier From: Jim Eggen [jeggen@plslwd.org] Sent: Thursday, October 23, 2003 1: 17 PM To: Jane Kansier Cc: Sue McDermott: Larry Poppler Subject: Abbott property (aka Mystical Waters?) The District has received your DRC review for this prelim plat. On 10-14-03 the District received a very brief and incomplete application for this project. I have responded back to the applicant regarding the inadequacies of the application (However, I did not specifically comment to them on the obvious concern for filling so much wetland). I understand that the City may deny the project. If you would like support in doing that, we could provide it (such as a letter). Jim Eggen Prior Lake-Spring Lake Watershed District 15815 Franklin Trail SE Prior Lake, MN 55372 952-447-4166, fax-952-447-4167 I 0/27/2003 ~ PRIOR LAKE - SPRINGLAK E W~ l'ERSHED DISTRICT~~ ff.. '.'. (952) 447-4166 . ~ Fax 447-4167 . r. 'ITJ~'. . ~. """"''\.-'"'1 Ms. Jane Kansier, DRC c..Mlinator City of Prior Lake 16200 Eagle Creek Avenue, SE Prior Lake, MN 55372 ocr 2 7 2003 --=..........~--~-~ J / :,,, ~-. October 24, 2003 Dear Ms. Kansier: The Prior Lake-Spring Lake Wc;J.;,~,)hed District (PLSLWD) has received a copy of the preliminary plat application for the Abbot p~'v"'''~O'. Thank you for the opportunity to review and comment on this application. District staffhave reviewed the preliminary plat and wish to express concern regarding the "~'V}1osed area of wetland fill. Due to concerns about lake levels arid the water quality 'of Prior Lake and other lakes in the watershed, the PLSL WD wishes to' discourage the draining and filling of existing wetlands and to enCourage that any wetland impacts or losses be mitigated within the PLSLWD. Toward this end, at their August 2003 meeting the PLSLWD Board of Managers adopted a policy regarding wetland replacement (attached)~ Based on the BoaTd's stated policy, the PLSL WD requests that the proposed project be re-configured to avoid filling any existing wetlands. If wetland impacts are allowed and mitigation becomes necessary, the PLSL WD requests that the following prioritization scheme be followed for the location of replacement wetlands (both constructed and banked): a. On site (most prer...u~) b. Within the same sub-watershed c. Within the Prior Lake-Spring Lake Watershed District ,d~ Outside of the Prior Lake-Spring Lake Watershed District (least preferred) Finally, please note that the District has also received a permit application forthis,,~v}1oseddevelopment, and we have recently sent comments to the applicant regarding that application (also attached). If you have any questions about this letter or the enclosed materials, please feel free to give me or Jim Eggen, District Technician, a call at (952) 447-4166. Again, thank you for the opportunity to comment on this project. . Sincerely, 8Cl~ Shannon Lotthammer District AdtninbuAl.Or Attachments CC: Jim Eggen, District Technician Sue McDermott, City Engiu.....;;A 15815 FRANKLIN TRAIL S.E. · PRIOR LAKE, MN 55372 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 f ~_ E ., T~ -J V - .J~_ I December 26,2003 Lifestyle Homes and Properties Attention: Mitch 1122 West State Street Belle Plaine, MN 56011 James R. Hill, Inc. Attention: Chris Remus 2500 West County Road 42, Suite 120 Burnsville, MN 55337 Carolyn Abbott 4893 Rutledge Street SE Prior Lake, MN 55372 RE: Preliminary Plat Application for Abbot Property Dear Applicants: On September 29, 2003, the City of Prior Lake received an incomplete application fora preliminary plat for the above property. On October 6, 2003, the City of Prior Lake notified you that the application was incomplete. This letter also included a list of the information needed to complete the application. The City staff also met with you on October 30, 2003 to discuss this preliminary plat application. Since our meeting, no additional information has been submitted and the application remains incomplete. I am therefore closing the file and returning your filing fee. This application may be resubmitted in the future with all of ten necessary information and changes. If you have any questions, please contact me at 447-981 O. Sincerely, ~a.'~ UJane Kansier, AICP Planning Coordinator Enclosure cc: DRC Members .. - 1:\03 files\03 subdivisionsUl3 prelim p'at\abbot~~t\T6$'rf811~~.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 RETURN SERVICE REQUESTED ~J~:3~~~!; \'.~IN~,Y "c....;.', "~-I ~/ Q(j:..~jlt~. ;___..~~.~ 16200 Eagle Creek Ave, S.E. Prior Lake, Minnesota 55372-1714 LIFESTYLE HOMES AND PROPERTIES ATTENTION: MITCH 513 VARNER STREET JORDAN, MN 55352 LIF~5~3 553523055 ~503 ~9 O~/05/0 RETURN TO SENDER :LIFESTYLE ~OMES & PROP INC 2525 WILLIAMS DR APT 2q7 BURNSVILLE MN 55~~7-1936 RETURN TO SENDER :::S3S2.i1328 CITY OF PRIOR LAKE 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 LIFESTYLE HOMES AND PROPERTIES 2525 WILLIAMS DR. - SUITE 247 BURNSVILLE, MN 55337-1936 ATTN: MITCH ADDRESS CORRECTION REQUESTED February 25,2004 f;:- . r.; . ....... _ !: ( ,i.. 1"1'--' r,..."':] rr -:-', "-r r':-, l . Ii:' , i .:~ \:::7 Ls U ','J' 'c" ,", I !!! i 1.''''''- J I~' \ II': .;;1 , VI >irt 111\\ "3-. :UU I ./ i , /'1: ii' Jl v.- 1./, I .~ Lifestyle Homes & Properties Inc. 2525 Williams Dr. Suite 247 Burnsville, MN 55337 16200 Eagle Creek Ave SE Prior Lake, MN 55372-1714 Attn: Planning Engineering Dept. This letter is to inform you that Lifestyle Homes & Properties has changed locations. The new address is listed above. Lifestyle Homes is still working on the Abbott property development located on Rutledge Street. I would appreciate it if you will forward any and all new information to this address. Thank you, mdI(~ Mitchell Husnik President Lifestyle Homes & Properties Inc. Page I of 1 Jane Kansier From: Bud Osmundson Sent: Monday, March 29, 2004 1 :43 PM To: Bob Hutchins; Frank Boyles; Don Rye; Jane Kansier Cc: Larry Poppler; Ralph Teschner Subject: Abbott Property Friday morning there will be a Technical Evaluation Panel meeting convened to provide the City guidance for the wetland exemption request for the Abbott property on Rutledge adjacent to Lakefront Park. These are the lots that the Abbotts I Huisnicks (?) own which they would like to build on but the City says are unbuildable. I personally don't know the history on this site that well, but I am learning from some of the documents. One issue which has been revealed is that the City placed some fill to back up the water, or to make the wetland store more water on the site during larger storm events, and I or to prevent icing on Rutledge. If this was the action the City took, and which I am not 100% sure of, the question of easement acquisition pops into my mind. In other words, if the City took action to pond more water on the property did we acquire an easement over the property where the ponding occurred? Did this action by the City create or enhance the wetland boundaries on the property? This issue will need to be addressed in the near future if Abbotts proceed with trying to get the City to consider the lots buildable. Just an FYI and if you have any information on the Abbott property lots please let me or Larry know. Perhaps we could talk about this issue for a couple of minutes at DRC on Thursday. Thanks! Bud Osmundson Director of Public Works City of Prior Lake Maintenance Center 17073 Adelmann Street SE Prior Lake, MN 55372-1714 Office 952 - 447 - 9890 FAX 952 - 440 - 9678 3/31/2004 03-1 ft:t 16200 Eagle Creek Avenue S.E.. Prior Lake, MN 55372-1714 Memorandum To: Les Lemm, Board of Water and Soil Resources Pete Beckius, Scott Soil and Water Conservation District Wayne Barstad, DNR Ecological Services DNR Wetlands Coordinator Christina Carballal, US Corps of Engineers Jim Eggen, Prior Lake-Spring Lake Watershed District Pat Lynch, DNR Waters Mitch Husnik, Lifestyle Homes Inc. Carolyn Abbott Mike Graham, Graham Environmental Services, Inc. From: Larry Poppler, City of Prior Lake Assistant City Engineer 1/ (? April 12, 2004 Date: Re: Notice of Wetland Conservation Act Decision Abbott Properly Please find enclosed a Notice of Wetland Conservation Act Decision and the Findings and Conclusions for the above referenced project. If you have any questions, please feel free to call me at (952) 447-9832 c. Bud Osmundson, City of Prior Lake www.cityofpriorlake.com r:.\ DDn n;rTt'I ?i11l2IJt;n},hnttln41 1n4. wr.4 MntnjJ1ol" An,. Phone 952.447.4230 / Fax 952.447.4245 ~~SO'\~ NOTICE OF WETLAND CONSERVATION ACT DECISION LGU : City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 Name of applicant: Lifestvle Homes and Prooerties. Inc - Mitch Husnik Project name: Abbott Prooertv Type of application: ~ Exemption D No loss o Replacement plan DBanking plan Location of project: NE1I4 SE Y4 Section 35. T115N. R22W. Scott County Date of decision: Aoril 2. 2004 :J Approve ::J Approve with conditions (conditions listed in the Findings and Conclusions) ~ Deny Type of decision: List of Addressees: Mr. Les Lemm Board of Water and Soil Resources One West Water Street - Suite 200 St. Paul, MN 55107 Mr. Wayne Barstad DNR - Ecological Services Division 1200 Warner Road S1. Paul, MN 55106 Ms. Christina Carballal US Corps of Engineers Attn: CO-R 190 Fifth Street E St. Paul, MN 55101 Mr. Pat Lynch DNR Waters 1200 Warner Road S1. Paul, MN 55106 Ms. Carolyn Abbott 4893 Rutledge Street Prior Lake, MN 55372 Mr. Pete Beckius Scott Soil and Water Conservation District 7151 W 190th St- Suite 125 Jordan, MN 55352 DNR Wetland Coordinator Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 Mr. Jim Eggen Prior Lake-Spring Lake Watershed District 15815 Franklin Trail SE Prior Lake, MN 55372 Mr. Mitch Husnik 2525 Williams Drive - Suite 247 Burnsville, MN 55337 Mr. Mike Graham P.O. Box 189 Ellsworth, WI 54011 You are hereby notified that the decision of the Local Government Unit on the above- referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) days of the date of the mailing of this Notice: Date of maili~g of this notice: Anri112.2004 City of Prior Lake By: Larrv PODDler. City of Prior Lake Title: Assistant City Enlrineer 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 TECHNICAL EVALUATION PANEL , MINUTES AND FINDINGS LIFESTYLE HOMES AND PROPERTIES - ABBOTT PROPERTY - Scott Soil and Water Conservation District Office 7151 West 190th Street, Suite 125, Jordan, MN 55352 April 2, 2004 9:00 am I. ATTENDEES Pete Beckius, Scott Soil and Water Conservation District, Les Lemm, BWSR, Patrick Lynch, DNR Area Hydrologist, Mitch Husnick, Lifestyle Homes and Properties, Mike Graham, Graham Environmental Services, Chris Remus, James R. Hill, Bud Osmundson, Prior Lake Public Works Director, Larry Poppler; Prior Lake Assistant City Engineer, II. BACKGROUND Graham Environmental Services, Inc. has prepared a wetland exemption application for Lifestyle Homes and Properties for a property located on Rutledge Street in Prior Lake. The exemption application intends to provide evidence that a portion of the wetland on the site was incidentally enlarged. III. DISCUSSION Mike Graham stated that the evidence from State of Minnesota Court Case: Carolyn J. Abbott v. City of Prior Lake shows that the City of Prior Lake created a blockage of the wetland outlet to stop storm water from flowing onto Rutledge Street thereby backing up water onto the Abbott property. The blockage has allegedly increased the water level of the wetland and decreased the upland on the Abbott property. Mr. Graham contended that the intention of the blockage was to stop flooding of Rutledge Street, not to create wetland. Prior to the blockage in 1981 the elevation of the wetland was 930.9. Mitch Husnick stated that the City flooded the Carolyn Abbott property and they should approve this wetland exemption application. ~'\PRO.JF~TS\?OO:\\46ahhntt~g~CWn~eJj40904 doc Phone 952.447.4230 / Fax 952.447.4245 1 Pete Beckius indicated that the evidence on this case clearly shows that the exemption application does not apply. It was the intention of the City to reduce the amount of runoff leaving the existing wetland. The placement of fill at the outlet of DNR #70-170 accomplished this objective by increasing the amount of water storage. The fill also resulted in an increase in the wetland water regime. Wetlands have historically and continue to be used for the purpose of storing water. To claim the incidental wetland exemption for this or any wetland used for this purpose is clearly not the intention of this exemption and would create a bureaucrati~ nightmare when trying to delineate what area of the wetland is for water storage and what area of the wetland is not. In addition, a review of aerial photography from the years 1957 and 1964 showed that a wetland existed in the area claimed exempt prior to the fill alteration of the outlet to DNR public water wetland #70-170W. Les Lemm stated that he agreed with Pete Beckius concerning the incidental exemption, however he would like to research that argument further and consult with other experts within BWSR to confirm their interpretation of the rule. In addition, Les Lemm stated that the proposed project would not be exempt even if the incidental wetland exemption applied, due to the fact that much of the area proposed to be filled appeared to be wetland prior to alteration of the outlet. The aerial photography from years prior to 1981 show wetland. The applicant has not demonstrated that the proposed fill is not impacting the original wetland. Mike Graham asked if the TEP would accept additional evidence clarifying the original wetland boundary. Pete Beckius and Les Lemm agreed that this would be acceptable to the TEP. Bud Osmundson added that Carolyn Abbott has sued the City twice on this wetland issue and has lost both times. Further discussion of this project should be conducted with the City of Prior Lake Attorney Susan Pace. Mike Graham asked whether the TEP would consider a wetland replacement plan. Pete Beckius indicated that a wetland replacement plan application would be the practical option for the applicant to consider in order for the LGU to consider placement of fill in a wetland. However, he indicated that, as a member of the TEP, he would not support an application that proposed fill to the extent shown in the subject exemption application. Les Lemm agreed that a wetland replacement plan for the current amount of proposed fill would likely not meet the sequencing (avoidance and minimization) requirements of WCA. G:\PROJECTS\2003\46abbott\TEP minutes final 040904.doc 2 IV. RECOMMENDATION .' Les Lemm discussed the incidental wetland request with other BWSR staff, who agreed with the TEP's interpretation of the incidental exemption and its applicability in this situation. Minn. Rule 8420.0122 Subp. 5 states that 'Wetland areas may be drained, excavated, or filled if the landowner can show that the wetland was created solely by actions, the purpose of which was not to create the wetland. Impoundments or excavations constructed in non-wetlands solely for the purpose of effluent treatment, storm water retention, soil and water conservation practices, and water quality improvements, and not as part of a wetland replacement process that may, over time, take on wetland characteristics, are also exempt." The TEP agrees that the landowner has not shown that the wetland was created solely by actions with the purpose not to create the wetland. Additionally, the impoundment changed the water regime in an existing wetland that was not constructed in non-wetland as the exemption requires. The TEP recommends denial of the incidental exemption application. Respectfully submitted, Larry Poppler City of Prior Lake Assistant City Engineer G:\PROJECTS\2003\46abbott\TEP minutes final 040904.doc 3 Message Page 1 of 1 Jane Kansier l\,bbof prop +11-e- From: Bud Osmundson Sent: Friday, April 16, 2004 2:12 PM To: 'Suesan L. Pace' Cc: Frank Boyles; Jane Kansier; Larry Poppler Subject: RE: Please call Mitch Husnik at 952-994-3980... I believe Huisnick is the proposed developer of the Abbott property. I told him after our wetland TEP meeting to contact the City attorney - staff has no intention of doing any more work on this until the legal issues are resolved. Larry and I would gladly sit with you at a meeting with this guy. Jane should sit in too. Bud Osmundson Director of Public Works City of Prior Lake Maintenance Center 17073 Adelmann Street SE Prior Lake, MN 55372-1714 Office 952 - 447 - 9890 FAX 952 - 440 - 9678 -----Original Message----- From: Suesan L. Pace [mailto:space@halleland.com] Sent: Thursday, April 15, 2004 1:55 PM To: Frank Boyles; Bud Osmundson Cc: Joseph G. Schmitt Subject: FW: Please call Mitch Husnik at 952-994-3980 ... Importance: High He left a message yesterday which I retrieved today. Does this have anything to do with Carolyn Abbott. If he is representing Ms. Abbott I am simply going to send him a copy of the last decision. I have no intention of engaging this guy in a debate! I will not return his call until I hear from you. Suesan Lea Pace 612-573-2902 -----Original Message----- From: Marilyn R. Grossman Sent: Thursday, April 15, 2004 12:53 PM To: Suesan L. Pace Subject: Please call Mitch Husnik at 952-994-3980... Importance: High He is a developer for some property in Prior Lake on Rutledge Street. The City raised the water level on a wetland and it has gone onto the property of the homeowner. The City suggested that he contact you to discuss the matter. He said he left you a message a couple of days ago but hadn't heard from you yet. Marilyn Grossman, x107 4/27/2004 --- -\ \ \ \ \ \ \ --- - -- --- - ,--. ..-) \ '-....). \,.\..- --- ~ ~ ~ ~~~~ \ \ ~ \ 1'/, ' /, '\' \ ",</ " I'~V \=,(' \ \ ~ ~y I -.. t'J ..- I c( --' LI_ () tlJ 11::: ~- () (,') "....... ............ -.......... , <: -..:; (... ~ \/ \(;, C:\" J ------\ / --- -.......... ---r- \ \ ' '<-", ~",'0' , ,\ \" ~\ >,v \ \ l-~ ./"" \ \ \ \ .------/ --- --- - \ --- --- c- " J \ '<- '" ,()' ,-- '<- J \ '\ \ ,,' ,0\ ,.) NORTHEAST CORNER or \lRACT B R.L.S. ::...>\ ASPHALT EOGE-"'_"h"',\./"" -'-/\ ./"" \ \ \ \ .-L - - - - - - / \3 ~ ~ ~ u < ~ ~ , % ~ ~ "\ u ~ g ~ ~ ~ % WETLAND ~ ~ < % ~ ~m ~~ .w ~u ~g ;,. ~~ io ~B r') ~~ " ~~ 0 ~l,~ Z ..,.. ..' (' , . ~ ..,.. C' r" ~ , , ~ , ~ If) ~ If) ci Ol N - --- If! I I i I ~ J "/J, ,0-- ~ < " 7, ~ :f: (7_ , WETLAND W % ~ , i '0676, i--+- 2 3 ~ GROSS=33912 SF NET.<4377 S.F. fILL-I 0"'" S.F. NET+FlLl_t<4818 S,F. GROSS::35077 S.f NET-8238 S.F FILL-a07l S.F NET+Flll-t6309 S.F GROSS::::29865 S.F NET"'11963 S.F FILL=2149 S.F NET+FllL=14112 S.F DRAINAGE AND UnUTY EASEMENTS ARE SHOWN THUS: N790' 3" 4"( 576.29 \ \ \ , -' --f--' ~ I 5-1 I I I +- ~ I __1__-, r---r- I ~ -t I I I 1-5 I ~ L___l_ ... , \ \ ~< ~~ ~u %< ~i!' i'5i'5 ~8 ~~ ~~ ~ ;,. io ,.., " o Vl o <Xl ci <0 ,.., --- --- N j ) BEING 5 FEET IN WIDTH, UNLESS OTHER'MSE INDICATED. AOJrnNING LOT UNES, AND BEING 10 FEET IN MOTH, UNLESS OTHERWISE INDICATED. ADJOINING RIGHT Of WAY LINES AND REAR LOT LINES, AS SHOWN ON THE PLAT SCALE IN FEET o 30 60 90 1"""'-.-- ' t inch = 30 feet S.F. . r" DENOTES SQUARE FEET LF.GAL DF.SCRIPTTON The West 200 feet of the East 770 feet of Tract A, RESISTERED LAND SURVEY NO. 39, Scott County, Minnesota, Together with a non-exclusive easement or right in common with others for access to Prior lake. Scott County. Minnesota over a 60 foot wide strip of land adjacent to Lot One (I) of Red Oaks in said county and state. And an easement over 60 feet of road adjoining the access. AND Tract A, R.LS. No. 39, REGISTERED LAND SURVEY NO. 39, Scott County, Minnesota, EXCEPT the East 770 feet thereof. AND The East 265 feet of Tract B (as Measured at right angles to the east line of said Tract B), REGISTERED LAND SURVEY NO. 39, files of the Reistrar of Tilles, Scott County, Minnesota REGISTERED PROPERTY tIQIES BEARINGS ARE BASED ON ASSUIIEO OATUII. THIS SURVEY HAS BEEN PREPARED WITHOUT BENEFIT OF A TITLE COIlIlITIIENT DR TITLE OPINION. A TITLE SEARCH FOR RECORDED OR UNRECORDED EASEIIENTS WHICH IIAY BENEFIT OR ENCUIIBER THIS PROPERTY HAS NOT BEEN COIlPLETED BY THE SURVEYOR. EDGE OF WETLAND DELINEATED BY GRAHAII ENVIRONIIENTAL SERVICES, INC. AND LOCATED BY JAIIES R. HILI. INC. ON B/25/03. CURRENT ZONING IS RI. CURRENT ADDRESS OF PROPERTY 4893 RUTLEDGE STREET SE LEGEND -0- . 5 b' e-- @ POWER POLE TELEPHONE PEDESTAL CURB STOP HYDRANT GUY WIRE SANITARY MANHOLE ~/"//.{a r:/{~/";.J DENOTES WETLAND TO BE FILLED ~ITF nATA LOTS DENSITY GROSS LOTS R.O.W. TOTAL 4 1.0 O.U./ACRE 4.204 ACRES 3.750 ACRES 0.454 ACRES 4. 204 AC"~~ AVERAGE LOT AREA MINIMUM LOT AREA MINIMUM LOT 'MOTH A T SETBACK 40,843 SF 20,000 S.F. 100 FEET ,'10FT! ANn Fill nATA LOT 1 LOT 2 LOT 3 TOTAL MINIMUM SETBACKS FRONT SIDE (STREET) SIDE (HOUSE) REAR 30 FEET 20 FEET 10 FEET 30 FEE T 10,441 S.F. 8,071 S.F. 2,149 SF 20,661 S.F. (.) CUl -gs ~ >-:ri ~~ 10.... - a:: z~ -~::::I:~ -- V) ~6 ~..........a;m. Ul ~~ a:: me .w a:: ~ ~~ C3 '" i!l ~ t7l~~ en.......... ~-~ ~ Q) U") ~;..~ Ea::~~3: ~ ~ea; ca:z~"'.. ---. :s 8~ ~ .,a..~a:~ ~ 0) (") o z C/) ..j ~ cj 2S rn til:: e:~ "' o:::c ...... tilb E-< c..~ E-o j O~ UCI'\ O:::~ <:b..... tV on c.. ~ ..... ~ )-< < E-o~O:: oct ..r<15Z~ O~Z"'<.:;j '-......~ i rn; c..ii:~ til~ a. til 2 on 0:: OiO! c.. ::c~ Q Z <: <: E-o U <: 0:: E-o til;O ..Ji:: )-<:: E-< rn til ~ :J o '-...... c.. DRAWN BY PLM DATE 9/12/03 REVISIONS BOOK/PAGE 600/63 CONTROL NO. 21326C CAD FILE 21326s-3 PROJECT NO. 21326 FILE NO. 1-03-236 SHEET 1 OF 0") = =- C'-; 0) ('.J 0.... L1.J (/) --- ---\ \ \ \ \ \ \ --- - - \ \ \ \ \ \ \ \ \ \ ~ --- ~ ---r- \ \ ~\ ~..<\\:;\ \ ,\ \" -)\ >, v> \ \ L-~ --- --- '\ --- f_ \ ~\-J Ir\:;' ,-- ~ J \ '\ \ '\' '\:;<" ~) --- \ \ \ .--1--- --- - --- --- -- -- --- - - \ ) Ld "" --' ( ) Ij::: ~ ---- --- f <-J ,/1 \,.../ r'V~ \\..)' C~<..'\ J --- - \ \ \ \ \ \/ / ---- ---- / / / i .:". ,LL-- "JJ. D . *0 n_____nuu 1 GGG.u___u.nu Too( t :: - D S _m I?~~./j D - - ~ ~ _J --- ~ EXISTING ELECTRIC PEDESTAL EXISTlHG TELEPHONE PEDESTAL EXISTING UCHT POLE EXlSTING UNDERGROUND GAS MARKER EXJSTIHG WELL EXlSTING GAS UNE EXlSTlNG OVERHEAD POWER UNE EXISTING FENCE EXJS11NC TREE UNE/TREES EXISTlNG CONTOUR PROPOSED CONTOUR . to) CU1 -~~ >-:::J ....~..,.,...... -a::::z~ _:::>2", --c.n ~~ ~,~~ c.n ~~ a:::: CD.e. . w _-. D:: ~ ~~ C3"' ei z ~:::~ en I..U Ng~ .................. I :x: Q) (/") ~i~ Eo::: ~~3!: ~ ~e~ ca ~ .~ ~ - -' g~;;: .,o...~a:~ EXISTING ""TERUM" EXISTING SANITARY SEWER EXISTING STORW SEWER EXISTING ASPHALT SURFACE ~ EXISTING CONCRETE .. ~~3 i~i!n oi~5e~o IHllil wm..AHD DEUNEATION SOIL BORING(I'EST PIT PROPOSED SPOT ELEVATION PROPOSED SILT fENCE PROpOSED HEAVY DUTY SILT FENCE WETLAND nil. AREA PROPOSED DRIVEWAY PROPOSED RETAINING WAlL N I 0) t"J o U Z ~ en cn5 ..J ~ t.::l;:l 0::: ....:I E;o: M c.. ~~ ..... c.. ~ C 0<; t;g~ 0::". <~Q c.."l! O::Z< :;: E-<;O:: Q~ ~c.=J~Z ~ o ~ u..<~ "-~>- '" c..~~ ~~ Q[Z ::e~ Z sa 0", < _ X< < cj t.::lin 0:: ....:I ~ E- c.. >-N U E- ~ < en- 0:: t.::l E- rz.. o ::i "- c.. ~ DRAWN BY CMR DATE 09/26/03 REVISIONS SCALE IN FEET o 30 60 ~- , inch = 30 feet 90 . CAD FILE 21326G PROJECT NO. 21326 SHEET 1 OF 1 o z ~ ~ . ;g <\ .., I ~ 0) C'J c.. LLJ U)