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Home My WebLink About03-121 Van Pelt Variance APPLICA'l'IO~S & APPLICA'l'IO~ ~A'l'ElUALS L:\TEMPLA TE\FILEINFO.DOC Planning Case File No. -.D3 - Ld-{ Property Identification No. ~-, '5-011-0 r: City of Prior Lake ': i , ZONING/LAND USE APPLIC~l'Ol'bcT _ 3 2003 ,I ,,:,' l II Iii;::): U \\ I ._'_ .____.. - ---l i . Brief dqscription of proposed ~roiect. Type of Application (Please describe t~ t" u...v~o:;J amendment, project, or variance request. Attach additiona:! sheets if necessary). o Amendment to Zoning Map o Amendment to Zoning Ordinance Text o Amendment to Comprehensive Plan Land Use Map o Conditional Use Permit IRI Variance o Planned Unit Development o Senior Care Overlay District o Home Occupation o Amendment or Modification to approved CUP or PUD o Other IJ-ec.-f. Applicant: Address: Telephone: 773M + DIIII'14 VAN PC-t....,- /t/b,.if OIlKL/!-.;./D EE1fc.1I MG'. r~~{olt L.IIKE"/ MN, 9 5"2.- .2.~'- "'...8 ~ (home) ~ I ~ -, I '1- 2. ~I I) (work) (fax) , Property Owners (if different than applicant): Address: Telephone: (home) Type of Ownership: 0 Fee (work) o Contract for Deed (fax) ~ Purchase Agreement Legal Description pfPl}perty (Attach additional sheets if necessary): ~lle ~'I'Ie(cf,~/ lef"( #'sC-/'f.ll/dl1 L-Ot- ItoJ OCt \L1arld ~~ if c.h 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 applic~ll no b pro sed until deemed complete by the Plannin2 Director or assignee. r7t1M~ IrJj3 /tj~ ~aiit;s ,- atur: Date . - / ~ _ ..f 10 -~- 0..3 Fee wn 's Signature Date ADDITIONAL PROJECT INFORMATION (RequiredforPUD,CUP and SC Overlay District applications) WiUthe developers request finanCial. assistance from the City? o Yes o No If yes, please describe the' amount and type. of assistance requested (attach. additional pages if necessary). Will anyone other than the applicant be involved in the ownership, development &managementofthis project? o Y es(If yes, please attach a list of the names and the role of all persons involved in the project.) 0 No 1:\handouts\2001 handouts\zoning\zoning app.doc PROCEDURE FORAN APPLICATION FORA VARIANCE TO THE PROVISIONS OF THE ZONING ORDINANCE Overview: When a person wishes to maintain/build/construct a structure in a manner that does not comply with the requirements of the City's Zoning Ordinance, a variance is required. Specific requirements for property in each Zoning Use District are contained in the Zoning Ordinance. Section 1108.400 of the Code sets forth the procedure and requirements for the review of variance requests. The Code is available for review or purchase from the City's Planning Department. Pre-Application Procedure: Prior to submitting an application for a variance, applicants are encouraged to meet with the Planning Staff to discuss the following: . Zoning requirements that apply to the property. . Preliminary development or building plans for the property. . The specific criteria of the Zoning Ordinance applicable to the development or building plan. . Alternatives to the proposed development. . Variance procedures. If a decision is made to proceed after the advisory meeting or meetings, a formal application is made. Process: Within ten (10) business days of submission of the application, the applicant will receive formal, written notice from the City about whether the application is complete. Within 30 days of receipt of a complete application, the Planning Department will schedule a public hearing for review by the Board of Adjustment (Planning Commission). The Board of Adjustment must approve or deny the application within 120 days of receipt of a complete application, Timin!!:. Public hearings are scheduled for the Board of Adjustment on the 2nd and 4th Mondays of each month. Complete applications must be submitted to the Planning Department at least thirty (30) days prior to the scheduled meeting to allow publication of hearing notice. The Planning Department will publish notices in the Prior Lake American and notify the applicant and other affected property owners of the date and time the proposal will be heard by the Planning Commission. Staff Report: The Planning Department will prepare a staff report which: I) explains the request; 2) reviews the criteria for granting variances as contained in the Zoning Ordinance; and 3) provides a recommendation, Hearinl!: A public hearing will be held by the Board of Adjustment (Planning Commission). The Commission will review the staff report and hear from the applicant. Public testimony on the request will 1:\handouts\2001 handouts\zoning\variance app.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax(612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER of recording to the city and received a building pennit within one (1) year from the date of approval or the variance becomes null and void. APPLICATION INSTRUCTIONS . Application Fee: Check payable to the "City of Prior Lake". The filing fee is $150.00. . Signed Application: A completed application form signed by the owner or owners of the property. Include authorization from the property owner on the application form or by attached letter of authorization if an agent signs the application. . Application Checklist: The attached checklist identifies the necessary information. Failure to provide any of the required information will result in an incomplete application. The Application Checklist will expedite the review of your application. Attach the checklist with the application materials. 1:\handouts\200 1 handouts\zoning\variance app.doc Page 3 Memorandum TO: All Applicants for Land Use Applications FROM: Jane Kansier, Planning Coordinator DATE: July 18, 2001 RE: . Required Information for Notification Requirements Several Land Development Applications require published notice as well as mailed notice to nearby property owners. It is the applicant's responsibility to submit a list of the names and addresses of the property owners. This list must be prepared and certified by a certified abstract company. IN ORDER TO ENSURE PROPER NOTIFICATION, ALL PROPERTY OWNERS LISTS MUST BE ACCOMPANIED BY A MAP IDENTIFYING THE SUBJECT SITE AND THE REQUIRED NOTIFICATION RADIUS. THE MAP, AS WELL AS THE LIST, MUST BE ACCOMPANIED BY A STATEMENT CERTIFYING THE LIST HAS BEEN PREPARED BY A CERTIFIED ABSTRACT COMPANY. THE STATEMENT MUST BE SIGNED BY THE ABSTRACT COMPANY. Thank you for your attention to this matter. If you have any questions, please contact me at 447-4230. I: \handouts\certlist.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER uCA ocr '2 7-th {+-Yl VARIANCE APPLICATION CHECKLIST PROPERTY ADDRESS: / ~ 2 ~ fJlf.KLN<J k1t:~ /hI8. -'?~{()1It. LuG"' DEVELOPER: For City Use Only A complete Zoning/Land Use Application form, signed by the applicant and the fee owner of the property. ~ A radius map and a list and 2 sets of labels of the names and addresses of the owners of property located within 350' of the subject site. These _ . shall be obtained from and certified by an abstract company. I ~ The required filing fee of $150.00. 4. A certificate of survey of the property wing the existing and proposed development in relation to: . Property lines . Structures, both ex' . Topography . Easemen . Ordi High Water Mark and bluff setbacks, where applicable. . I ervious surface calculations and lot coverage calculations. . Setbacks for structures on adjacent lots, where setback averaging applies ./ 5. If the surv is larger than 11" by 17", ten (10) full-scale copies of the surve nd supporting data and one 11 "X 17" reduction of each sheet mus be provided. 1 PLAT OF SURVEY & fill / / / / I FOR: MESSINBRINK CONSTRUCTION LOT 16, OAKLAND BEACH SCOTT COUNTY. MINNESOTA I \ - - - - - - - - - - - -,-;:&0\ \ //////// \ ~ \ / \ ~ \ / \ //,/,,) \ \ ~' \ ,------1z--i-----i \ . / ~ \ fD lIP 1 \ \ / OJ \ I L--------~:_____.J I \ ~ // /.~, 24.88 \ \ \ 13 \ \ Eel Jo L____________-,\ ;? \\ ) r \ \ ' '-" ~ --.. (' y'" ('Y'.t- ~ J ~3~J"". u """. ~\ ~;~ V I ~~: , ~-'~'? " I ~? 1 r t;J (, ~t'J" . \/:^_ 1 !~ )) \~fj ~// i \. f'-K~~~\\( ((({.~~-' ~.,_ I ( h '-"MBER IWAlL~\ \ \ X R\:"K\ ~ cn'~. \ : /(~,"l, r/ \_. '. 91TU"NOUS I. " / I ) I ) \ ( ~ \.r\~. \~,~\~ . i~i ,I \ I 1\ I p^~m)rilLOCKS '..:"'-s"o ~~ Ill. \ \~~ ~~~ \; ~\ \~I\~~~ I ( /\\'~~G~:~~ J . -'\S' ' A I 'r"'N89"58'56 E ::J 109.22 F' \ '''''",,\'c,1 , ~ "",,'- / - .; , .\ g;~" -\~I - \ \ "\.\\~-\\T(~ \ \ ///r......... ./r --- ,I W HALF DECK ..,.~ ~2.0~/~//..y/;-V;;~~/A\/.II(//.y//\ ~..12\~ !2 --1 _ / I II /~ UPPER LEVEL-\-~-t~'~ilh '\ >:~~:1\ 1 ~~ \~~ ~) ~? \ ~~~~t~E \ I i /" ~ //(~ \ 1i ~~1~-1~/'" .~ou \\}~~~\'f1\\t.._~l_/ .: / ~ .2!,~_ / '\~2, . ~ L\ -\; II-- LU .,,/ ... ~ )J.Q.! f. ...J:,PO / /' ." ~ / / /.// / , .' , "': / / / '" (. . \ \ "', ~ 9 0,,)" .~~, i: ' . ... I: 1:'-- -IS.Sf, \..r I , 5.37 ~ :::::: ~ I .. - \ 23:3':'C ~ " '- .:wI, a \ \'8\ ~ -~- ~:2-" ~-8~\.4~\..-..\t:\ \"o~, \,"~ "'-'-- ~y~\~ ; \ \ I \$\' \ \ \ \ \ \ '\ \\ '\ \\ \ \. r"~ \ " \ " \ ., .,) tt"l '.~~ \.-l')~ .....:', i:'.., \~~ el; (" 1/ "" ~., I.P h.. ",. ~. .-' ~ \:() t~... ...) t..'l '" \ tP to.. \0 \;. \:> ..... ~.~ ;;. ... rJ. ',;..I \ A')' I \ , r..:~, 0 -;. ....~ . "\ "\ -, '\ \ \ '\ \ I I \ " '-<f~ ~"i ' \ I I i I -<,Y"v " ' . \.' ...' 1'" \ (' .) \...... \ \,\...~"'\ . I' ..... I \ .... FO IP :' I o Scale I 30 in ~C? :5& 0)8 ~11 I~~ i<1cJ NOTE: THE HOUSE IS NOT STAKED AT THIS TIME. LEGEND PROPOSED ELEVATIONS LOWEST FLOOR 909.9 FT GARAGE FLOOR 922.0 FT o IRON MONUME~T -0- POWER POLE rn TELEPHONE BOX ~ GAS METER 'd HYDRANT ~ WATER VALVE OE OVERHEAD ELECTRIC PROPOSED ELEVATIONS BENCHMARK: TOP NUT OF HYDRANT WEST OF # 14624 AT BOULDER RETAINING WALL APPROX. 50 FEET EAST OF SE CORNER LOT 16, ELEVATION... 928,00 ....--- DIRECTION OF DRAINAGE I hereby certify that this survey was prepared by me or under my supervision and that I am a duly registered land surveyor under Minnesota Statutes Section 326.02 :-3~.,/ F ~ Reg. NoL8-f 2...( Date: /2 -14 -0 () Drawn Checked 1.- -, Hansen Thorp LEI DBa J Pellinen Olson Inc. Job No. -::.' ~l Engineers. Surveyors. Landscape Architects 00-047 L} Date 7510 Market Place Drive Eden Prairie, MN 55344-3644 (612) 829-0700 FAX (612) 829-7806 8-31-00 Bk-Pg .107/61 Mark Pahl Construction(9 Deck Plan 4'-0" t- ~l-.:; 14'-0" Existing House Scale 3/16" = l' 6/14/03 A 12'-0" l -J 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 -:I~E ~]'JY October 6, 2003 Tom & Dina Van Pelt 14624 Oakland Beach Avenue SE Prior Lake, MN 55372 RE: Variances for the construction of a deck 14624 Oakland Beach Avenue SE (Lot 16, Oakland Beach) Case File No.: 03-121 Dear Mr. & Mrs. Van Pelt: On October 3, 2003, the City of Prior Lake received the above referenced development review application. This letter serves as your official notification that all of the necessary submittals have been received and the application is complete. At this time, your variance application is scheduled for the Monday, 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 December 2,2003, to January 31,2004. If you have questions relative to the review process or related issues, please feel free to contact me at (952) 447-9813, Sincerely, ~hoc\ Cynthia R. Kirch~ff, Planner . www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 ::~.':~:~''';' _. _ "'~~i'~~!~~r~;5;t::.;;.< .... .l!fi!8~';'l'f\.~~ , Eo., _ ... ."" U - . ~ ~N-E~ . CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 ,. (952) 447-4230, FAX (952) 447-4245 RECEIPT # 45050 DATE: . fD ~. o"?, ... '0 r I 1 ('1" I' /'I Received of , ~/! V I ...IA.. \ I fL'1/\ .Lk1), V\ /J +-+-: ". 1\ the sum of \.~j I !f C,.! l/1 A..A f1L-.1.,p (~ ~ for the purpose of Or. I)-f- ~.~\ /,,' . ~14.."t'L-.~_ L:v U \ dollars $ 'r " r/' i ',I J a..i l. ...IL,I" t. '-e_' C.-" i. ~ t i~ ~; 6'-. i / (...j /.. LJ.AA C f? ~ /. ,.,',.-{\ f / f '--+-,. f..t'f ) 11 .t...\_- . (:::..p",/\ {t;j...~ I' , Invoice # V'l./l../l.. CBIJ}L1V Receipt Clerk fqr the City of Prior Lake Resolution and ~inutes /O-d7~D3 Ie (2RA - 03-1;)- ~ f.~ L\TEMPLA TE\FILEINFO.DOC PLANNING COMMISSION MINUTES MONDAY, OCTOBER 27,2003 1. Call to Order: Chairman Stamson called the October 27,2003, Planning Commission meeting to order at 6:30 p,m. Those present were Commissioners Atwood, Criego, Lemke, Ringstad and Stamson, Planning Coordinator Jane Kansier, Planner Cynthia Kirchoff, Assistant City Engineer Larry Poppler and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Ringstad Stamson Present Present Present Present Present 3. Approval of Minutes: The Minutes from the October 13, 2003, Planning Commission meeting were approved as presented, 4. Consent: 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and Appeal Process before opening the meeting. A. Case #03-121 Tom and Dina Van Pelt are requesting a 12 foot variance from the required 25 foot rear yard setback for the construction of a deck for the property at 14624 Oakland Beach Road SW. Planner Cynthia Kirchoff presented the Planning Report dated October 27,2003, on file in the office of the City Planning Department. Tom and Dina Van Pelt are requesting a Variance to construct a 12 foot by 24 foot deck addition to an existing single family dwelling on property located at 14624 Oakland Beach Avenue SE. In order to construct the deck addition the following Variance is required: A 12 foot variance from the required 25 foot rear yard setback required in the R -1 (Low Density Residential) use district. (Section 1102.405 (3).) L:\03 Files\03 Planning Comm\03pcMinutes\MNI02703.doc I Planning Commission Meeting October 27, 2003 The property is zoned R-l (Low Density Residential) and SD (Shoreland Overlay District), The property is a non-riparian lot because a platted "Reserve" area is located between the subject lot and the ordinary high water level of Prior Lake, Due to the type of lot and its location from the lake, the 75 foot shoreland setback and 25 foot rear yard setback both apply. There is considerable history on this property. In 2000, a building permit was issued to Eagle Creek Villas for the construction of the existing single family dwelling. Two decks were shown on the building permit plans, one on the upper level and one on the main level. Upon review, the building department staff crossed off the decks and noted "No Deck with this Permit," however, the patio doors shown on the plans were allowed to be installed on the main floor, The decks were not shown on the survey submitted with the building permit. This is the third time a Variance has been requested for this property in as many years. In 2001, when the same rear yard setback Variance was requested, the Planning Commission, acting as the Board of Adjustment, denied the request because the deck was considered an "afterthought," and if a deck was originally intended the builder would have included it in the design, That applicant appealed the decision to the City Council, who upheld the Planning Commission's decision, finding that the setback Variance did not met the nine hardship criteria. Also of note, on August 18,2003, the City Council denied an ordinance amendment that would permit a 10 foot rear yard setback on lots separated from the ordinary high water level with a platted reserve area, Staff recommended denial of the request based on the Findings in Resolution 03-012PC. Comments from the public: Applicant Tom Van Pelt, 14624 Oakland Beach Avenue, said he appreciates the Commission has faced this issue several times in the past and has been turned down. Van Pelt said he is actually present to plea to the common sense approach. He understands the City's ordinances and the fact staff do not feel he meets any of the 9 hardship criteria. Van Pelt explained his discussions with the builder when they purchased the property. The builder did not mention the fact the deck issue had been turned down twice by the Commission and City Council. He understands the 9 hardships are not met, but the house was built with the anticipation a deck would be added on. A neighbor, Mollie Borman sent an e-mail in support of the variance request. VanPelt also said the deck has been scaled down to a 12 x 18 square feet. Atwood questioned VanPelt on meeting with the builder, VanPelt responded, L:\03 Files\03 Planning Comm\03pcMinutes\MNI02703.doc 2 Planning Commission Meeting October 27.2003 Criego questioned the use of the common property, Van Pelt responded it was Oakland Beach Association. The property to east is an unplatted piece of property that runs at an angle across and butts up to the common property, Criego also questioned what was north of the beach association. Van Pelt explained the timber wall, the common park area and boat slips are at the end of the beach. Kansier clarified everything north ofthe angled line is the association property. There were no other comments and the hearing was closed, Comments from the Commissioners: Criego: . Has empathy for the applicant, but this was analyzed several years ago and still see no reason to change the conclusion ofthe matter, . It was clearly documented that a deck was not to be added. . The builder led the applicant astray, not the City. . lfthe Commission allows the applicant to do this, the common space is limited by the rest ofthe property owners. This issue came before the Commission a few months ago as an ordinance amendment to allow a reduced rear yard with a common space in the back yard, . lfwe allow you to have a reasonable use of the deck in asking for a variance it opens the doors for many others to do the same. . No reason to change, Stamson: . Agreed with Criego, . Understands you were misled by the builder. . The home was built under the current ordinances and a decision was made by the builder to build at the setback line and forgo a deck. There were specific discussions at the time of the original variance request on this deck. The point was brought up with a deck and the builder said he was not going to put one on. . The second request for a deck was turned down as well, . Generally, the Commission does not find the lack of a deck a hardship. There was a conscious decision not to have a deck. . This does not meet the hardship criteria. . From a City standpoint, the Commissioners need to apply the hardship criteria across the board. . The issue is with the builder not the City, . Cannot support, Ringstad: . Agreed with the Commissioners, Has empathy to the applicant being mislead by the builder. L:\03 Files\03 Planning Comm\03pcMinutes\MNl02703.doc 3 Planning Commission Meeting October 27, 2003 . There well is documented history on this property, . Support denial of the request. Atwood: . Agreed with the Commissioners, . Has anger with the builder - "buyer beware". We have had developers say things that are inaccurate, This builder was not forthright putting in patio doors. . The applicant has a case with the builder. . Cannot support the request. Lemke: . Would have some trouble finding hardship in this case, However, the City bears some degree of responsibility - they approved the building plans with the sliding glass doors, . Although the 25 foot setback is necessary to preserve the use of the common space, I am not convinced by that argument - if this was a side yard it would be 10 feet. . Believe the City Council addressed this issue. Maybe rather than change the ordinance all at once, this is a case that should be looked at individually. . Support the applicant. Open Discussion: Stamson noted at the original discussions the Commissioners pointed out to the builder a deck could not be added, Lemke: . The Van Pelts were not party with those discussions and have become a victim, . It is a modest setback variance. The intent of the ordinance is met in this particular case. . There is no hardship, but a practical difficulty. Stamson: . There was a conscious decision by the builder. The builder wanted to sell the property and let the buyers figure out a variance for something he couldn't get in, . I would be in a different place if this was built prior to the current ordinances. It's not the strict application of the ordinance that is denying it. It is the conscience placement of the builder that denies the deck. . That is the key to the hardship issue. MOTION BY ATWOOD, SECOND BY CRIEGO, APPROVING RESOLUTION 03- 012PC DENYING A 12 FOOT VARIANCE FROM THE REQUIRED 25 FOOT REAR YARD SETBACK FOR THE CONSTRUCTION OF A DECK ADDITION. Vote taken indicated ayes by all. Nay by Lemke. MOTION CARRIED. L:\03 Files\03 Planning Comm\03pcMinutes\MN102703.doc 4 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-1 (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 pennit 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. .. 1.:\03 Files\03 Planning Comm\03pcMinutes\MN102703.doc 5 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 03-012PC A RESOLUTION DENYING A 12 FOOT VARIANCE FROM THE REQUIRED 25 FOOT REAR YARD SETBACK FOR THE CONSTRUCTION OF A DECK ADDITION BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Tom and Dina Van Pelt are requesting a Variance from the Zoning Ordinance for the construction of a deck addition on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District) at the following location, to wit; 14624 Oakland Beach Avenue SE Lot 16, Oakland Beach, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #03-121PC 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. Lot area and width Variances were granted in 2000 to allow for the construction of a reasonable use on the property. A reasonable use in this case is a single family dwelling, because the property is zoned R-1. The strict application of the rear yard setback does not create a practical difficulty, because access to the rear yard can be gained via the lower level patio door. The inability to construct a 12 foot by 24 foot deck does not constitute a hardship, In the past, the Board of Adjustment has not considered the inability to build a deck, when a patio door is present, an undue hardship or practical difficulty. 5. The rear yard setback applies to all properties in the R-1 use district. Since this a relatively new construction, a deck should have been designed in conjunction with the dwelling that meets all required setbacks. If that was impossible, the previous applicant should have sought relief from required setbacks when the Variances were granted for lot area and width. 6. The granting of the rear yard setback Variance is not necessary for the enjoyment of the property, because a single family dwelling is present on the property. If a deck was necessary, it should have been incorporated into the design of the dwelling. 1:\03 files\03 variances\van pelt\denial resolution.doc www.cityofpriorJake.com 1 Phone 952.447.4230 I Fax 952.447.4245 Moreover, the site currently has rear yard access with the lower floor patio door and platform deck. 7. 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 rear yard setback is inconsistent with the purpose of the Zoning Ordinance. 8. The Variance serves as convenience to the property owner. It is not necessary to alleviate a demonstrable undue difficulty. If relief were necessary, a setback Variance would have been requested with the lot area and width Variances. 9. Although the applicant did not construct the dwelling, they designed a deck that encroaches into the required rear yard setback. The builder did not make a provision for a deck on the original Variance request, so the hardship results from the action of the applicant. 10. The contents of Planning Case #03-121 PC 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 deck addition, as shown on Exhibit A- Certificate of Survey: (1) A 12 foot variance from the required 25 foot rear setback (Section 1102.405 (3)). Adopted by the Board of Adjustment on October 271~O~ _ Anthony Stamson, Commission Chair R ity Development Director ~EST: ~ '---tJ~ _ Donald R. Rye, om 1:\03 files\03 variances\van pelt\denial resolution.doc 2 PLAT OF SURVEY FOR: MESSIN8RINK CONSTRUCTION LOT 16. OAKLAND BEACH SCOTT COUNTY. MINNESOTA ... I I I -------------'l I '..../../., .1.00 I ~ I I I I \ I I r-------i9.-~-----\ I ; I rDip I I I I L------___:____.J \ \ 13 '/~ 2.... \ \ do ~----~,~------~ ~ \ ) (':5 I \>t}''-'' , . .' ",,, -\ V I p': tJ, I .,. I -S), /- ~:l ~ ) \:s: I / 1 f--K~-~W~ \ \. (( ( / 1t~L.~...._ t..,c: I '_"liMBER ~AU. \ It \'Y ~7.f\"\' r'~ I . - ' _. ~ BllUtous G1,J /;' /1 I, \') '\ \ ~1'; ~ ~ \ 142~ \ ~' ~iil~ \ r \ ; ~PAnO.aOCl(S-1 1/.1 I I '\: \ & ~\ \. '\~~; \,' \ \ . ~ I' I ,'-SAHD ^lilY f 1/ \ ~ ftl ':::J. I( .'J ,.. ~,.~ ~ r\.. I ~ "!I\ ~i!i... I'-*-GRA'JQ.-, 1/ J' -'\t ,~ 'N89'58'5! E. ~ l00.~ \~ \ ,....;, \ I I " it"t ,/ ~ --I 27.21 -\:1 "\- \ \. 00 \ \-~! \',,\"'T ;l: IY__ _ Ji' I fIo-i '-\- ~_ \ \ \ ,\ \ ,!it \\ I Oi \ " - i II /! ~\ ~I', ~~lfERDE~r-;':_;r~ ~'~ i ~8~~"\\;Ut;~ ~'IT'~(J;~\:; ~~')~o\-\0' \ ~~~~\ ~I I'ID /. ~ / ~ . \ ~ ..' ',.. \ }1.... 'fI \. _ _ I (" ,/ ( ~ STONE ... tONC 880' - \ ~ 0 ~ ~- ~ u. \ . -Y: ' ~ -', 1r-' , is I / ./ is . 1, ......' _ Ll.Qtl.....Il- ." .\" ...... .... ... \ \ .....: " '~ ~ f'" '~',% (I .h " '.~ :... U\ \~t \.,~',,<::\ _ \'J1~'i. I(> '::.J" 'I g \\"g r~ '~'r ~"1< ::: - ~::2-~ J~-89\'4~\.44O':l~\ \IOQ.O~, \".>.,"-::\_I'f::r~~ ~I_J \ \ to' ....' .,:" 'I '''' \ \ \. \ \ " \ '. \ \ , '. , ~ \ \ ",,~~ \ \ \ ',\., \ \, '.. ;, '..; .... \. .,. :~'I: :~\,~;:~ \~ '" \ \ .90 ;'9. .~ of;::, ":.. .~ '_" u " 'J: -; '-~\') I I , \ t \ '- ." q ~).,,,, \ \ \ , , ,\ I I . \ " A"~ , I I ".-.; \~..."'" \f'")\..)'", \,S'.~ ~ " ~ , ~ fa IP Scale in feet I o 30 60 ~-- NOTE: THE HOUSE IS NOT STAKED AT THIS TIME. LEGEND PROPOSED ELEVATIONS LOWEST FLOOR 909.9 FT GARAGE FLOOR 922.0 FT o IRON MONUME~T -0- POWER POLE m TELEPHONE BOX 1m GAS METER 'd HYDRANT t><I WATER VALVE OE OVERHEAD ELECTRIC PROPOSED ELEVATIONS BENCHMARK: TOP NUT OF HYDRANT WEST OF (I 14624 AT BOULDER RETAINING WALL APPROX. 50 FEET EAST OF SE CORNER LOT 16. ELEVATION - 928.00 ....--- DIRECTION OF DRAINAGE I I I hereby certify that this survey was prepared by me or under my . supervision and that I om 0 duly registered land surveyor under Minnesota Statutes Seethm 326.02 d-27~ ~ A.r Reg. NoLS.tf 2-1 Dote: /2. -14 -0 0 1.'" Hansen Thorp , I Pellinen Olson Inc. ? l) Engineers. Surveyors' Landscape Archlte, EXHIBIT A - Dale 7510 Morket Place Drive Eden Prairie, MN 55344-3644 (612) 829-0700 FAX (612) 829-7806 8- 31-00 Il:lk-f-'9 10'7/61 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 ASSENT OF APPLICANT File #03-134 As Approved by Resolution #03-208 The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits, 2. I fully accept all of the terms and conditions of said Resolution, 3, I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows: 1108.413 Revocation and Cancellation of a Variance. A Variance may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Variance has violated any of the conditions or requirements imposed as a condition to approval of the Variance, or has violated any other applicable laws, ordinances, or enforceable regulation, 1108.414 After One Year, No Construction ReQuired. All Variances shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Variance and the holder of the Variance has failed to make substantial use of the premises according to the provisions contained in the Variance. 1108.415 After One Year, New Construction Reauired, All Variances shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Variance if a new structure or alteration or substantial repair of an existing building is required by the Variance and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails to make actual use of vacant land, or land and structures which were existing when the Variance was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Variance and no building permit has been obtained, the Variance shall be deemed L:\03 Files\03 Appeals\03-134 Van Pelt\ASSENT.doc www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 revoked and canceled upon the occurrence of any of the following events: (1 ) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Variance. (3) The use described in the Variance becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Variance is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Variance was issued files a written statement in which that person states that the Variance has been abandoned. The statement shall describe the land involved or state the resolution number under which the Variance was granted. (6) The premises for which the Variance was issued are used by the person to whom the Variance was issued in a manner inconsistent with the provisions of such Variance, 4, I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution, I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. DATE / /~;51c cf . I ( I ~~ K~/ ~~N~~O ~PPLlCANT rJJ/~. At~)~ ~A:!Y ~~NATURE OF OWNER 14624 Oakland Beach Avenue SE ADDRESS OF PROPERTY L:\03 Files\03 Appeals\03-134 Van Pelt\ASSENT.doc 2 -.... . ".,..; ':C""r'.;." . ,". .,.. - ..... ..... ".-,-'. .... .". .... '. _.I,. Scott County Customer Service (9~2) 496-81 ~O # 3~21 O~ 29-JAN-2004 CUSTOMER f A Filing 1@ Abstract 20.00ea Total for Fee 20.00 FILE NUMBER OR NAME: VANPELT Receipt Total 20.00 Check 20.00 Payment Total 20.00 Change 0,00 . Original Reports it,. .' L:\TIlMPtA TE\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 5B CONSIDER A VARIANCE FOR THE CONSTRUCTION OF A DECK ADDITION 14624 OAKLAND BEACH AVENUE SE CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR X YES NO-N/A OCTOBER 27, 2003 03-121 Tom and Dina Van Pelt are requesting a Variance to construct a 12 foot by 24 foot deck addition to an existing single family dwelling on property located at 14624 Oakland Beach Avenue SE (Lot 16, Oakland Beach), In order to construct the deck addition shown on Attachment 3, the following Variance is required: 1. A 12 foot variance from the required 25 foot rear yard setback required in the R-1 (Low Density Residential) use district. (Section 1102.405 (3).) 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 Lot 16, Oakland Beach in 1926, The property is a non-riparian lot because a platted "Reserve" area is located between the subject lot and the ordinary high water level of Prior Lake. Due to the type of lot and its location from the lake, the 75 foot shoreland setback and 25 foot rear yard setback both apply, There is considerable history on this property. Table 1 provides an overview. www.cityofpriorlake.com Phone 952.447.4230 I Fax 952.447.4245 TABLE 1 VARIANCE HISTORY OF 14624 OAKLAND BEACH AVENUE SE DATE APPLICANT REQUEST ACTION CONDITIONS 9/25/00 Eagle Creek Villas Lot area and width Approved No additional variances to variances construct dwellina oermitted 12/21/00 Jane Crosson 12' Rear yard Denied setback variance for deck 1/21/01 Jane Crosson Appeal PC's Upheld decision to deny rear yard setback . variance for deck In 2000, a building permit was issued to Eagle Creek Villas for the construction of the existing single family dwelling. Two decks were shown on the building permit plans, one on the upper level and one on the main level. Upon review, the building department staff crossed off the decks and noted "No Deck with this Permit," however, the patio doors shown on the plans were allowed to be installed on the main floor, The decks were not shown on the survey submitted with the building permit. UI nlsclISSION A. Proposal The applicant would like to construct a 12 foot by 24 foot (288 square feet) deck addition to the rear of the existing dwelling as shown to the right. A platted "Reserve" area is located between the ordinary high water level of Prior Lake and the subject property. Since the property is not technically a riparian lot and has a rear property line, the principal structure must maintain the required rear yard setback. Section 1102.405 (3) of the Zoning Ordinance requires a 25 foot rear yard setback, The deck is proposed to encroach 12 feet into the required 25 foot rear yard setback, and maintain a 13 foot rear yard setback. According to the survey, the proposed deck is 100 feet from the ordinary high water level (904'). The required setback is 75 feet. L:\03 Files\03 VariancesWan Pelt\PC Report.doc 2 B. Survey and Deck Plan The deck plan submitted with the Variance application indicates a deck 12 feet in depth with a curved staircase that encroaches further into the setback, but the survey shows a rectangular-shaped deck. This report is based upon the deck shown on the survey. (Note: Staff permitted the applicant to utilize an existing survey for this Variance application.) At the time of building permit, impervious surface coverage was proposed to be 29.6 percent. A portion of the platted reserve area was utilized in the calculation. The Shoreland Ordinance limits impervious surface to 30 percent of the lot area, C. Variance History As mentioned above, this is the third time that a Variance has been requested for this property in as many years, In 2001, when the same rear yard setback Variance was requested, the Planning Commission, acting as the Board of Adjustment, denied the request because the deck was considered an "afterthought," and if a deck was originally intended the builder would have included it in the design. That applicant appealed the decision to the City Council, who upheld the Planning Commission's decision, finding that the setback Variance did not met the nine hardship criteria, Also of note, on August 18, 2003, the City Council denied an ordinance amendment that would permit a 10 foot rear yard setback on lots separated from the ordinary high water level with a platted reserve area. 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. Lot area and width Variances were granted in 2000 to allow for the construction of a reasonable use on the property, A reasonable use in this case is a single family dwelling, because the property is zoned R-1, The strict application of the rear yard setback does not create a practical difficulty, because access to the rear yard can be gained via the lower level patio door, L:\03 Files\03 Variances\Van Pelt\PC Report.doc 3 The inability to construct a 12 foot by 24 foot deck does not constitute a hardship, In the past, the Board of Adjustment has not considered the inability to build a deck, even when a patio door is present, an undue hardship or practical difficulty. 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 rear yard setback applies to all properties in the R-1 use district. Since this a relatively new construction, a deck should have been designed in conjunction with the dwelling that meets all required setbacks. If that was impossible, the previous applicant should have sought relief from required setbacks when the Variances were granted for lot area and width. 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 rear yard setback Variance is not necessary for the enjoyment of the property, because a single family dwelling is present on the property. If a deck was necessary, it should have been incorporated into the design of the dwelling. Moreover, the site currently has rear yard access with the lower floor patio door and platform deck, 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 does not appear as though the Variance will impair an adequate supply of light and air to adjacent property or negatively impact public safety, 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The granting of the rear yard setback Variance will impact the character and development of the neighborhood because it will create a new rear yard setback when an undue hardship has not been demonstrated. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. L:\03 Files\03 VariancesWan Pelt\PC Report.doc 4 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 rear 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 serves as convenience to the property owner. It is not necessary to alleviate a demonstrable undue difficulty. If relief were necessary, a setback Variance would have been requested with the lot area and width Variances. 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. Although the applicant did not construct the dwelling, they designed a deck that encroaches into the required rear yard setback. The builder did not make a provision for a deck on the original Variance request, so the hardship results from the action of the applicant. 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 12 foot by 24 foot (288 square feet) deck addition on property zoned R-1 and SD. In order to do as they request, a rear yard setback variance is required, The strict application of required rear yard setback does not pose undue difficulties on the development of the property. An existing single family dwelling complies with required setbacks, The current application is the second request for a 12 foot Variance from the required 25 foot rear yard setback, In 2001, the Variance request was denied because that applicant did not demonstrate a hardship. The situation has not changed for staff to support the request for relief. Based upon the findings set forth in this report, staff recommends denial of the Variance. L:\03 Files\03 VariancesWan Pelt\PC Report.doc 5 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. However, should the Planning Commission approve this Variance request, staff recommends the following conditions should apply: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. A revised survey shall be submitted with the building permit application indicating the location of the existing dwelling and proposed deck, An impervious surface worksheet shall also be submitted. VIII. ACTION REQUIRED This request requires the following motion: 1. A motion and second adopting Resolution 03-012PC denying the 12 foot rear yard setback Variance for the construction of a deck addition. IX. ATTACHMENTS 1, Resolution 03-12PC 2, Location map 3. Survey 4, Deck Plan 5, Applicable regulation L:\03 Files\03 VariancesWan Pelt\PC Report.doc 6 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 03.012PC A RESOLUTION DENYING A 12 FOOT VARIANCE FROM THE REQUIRED 25 FOOT REAR YARD SETBACK FOR THE CONSTRUCTION OF A DECK ADDITION BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Tom and Dina Van Pelt are requesting a Variance from the Zoning Ordinance for the construction of a deck addition on property zoned R-1 (Low Density Residential) and SO (Shoreland Overlay District) at the following location, to wit; 14624 Oakland Beach Avenue SE Lot 16, Oakland Beach, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #03-121 PC 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. Lot area and width Variances were granted in 2000 to allow for the construction of a reasonable use on the property. A reasonable use in this case is a single family dwelling, because the property is zoned R-1. The strict application of the rear yard setback does not create a practical difficulty, because access to the rear yard can be gained via the lower level patio door. The inability to construct a 12 foot by 24 foot deck does not constitute a hardship. In the past, the Board of Adjustment has not considered the inability to build a deck, when a patio door is present, an undue hardship or practical difficulty, 5. The rear yard setback applies to all properties in the R-1 use district. Since this a relatively new construction, a deck should have been designed in conjunction with the dwelling that meets all required setbacks. If that was impossible, the previous applicant should have sought relief from required setbacks when the Variances were granted for lot area and width. 6. The granting of the rear yard setback Variance is not necessary for the enjoyment of the property, because a single family dwelling is present on the property. If a deck was necessary, it should have been incorporated into the design of the dwelling. 1:\03 files\03 variances\van pelt\denial resolution.doc www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 Moreover, the site currently has rear yard access with the lower floor patio door and platform deck. 7. 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 rear yard setback is inconsistent with the purpose of the Zoning Ordinance. 8. The Variance serves as convenience to the property owner. It is not necessary to alleviate a demonstrable undue difficulty. If relief were necessary, a setback Variance would have been requested with the lot area and width Variances. 9. Although the applicant did not construct the dwelling, they designed a deck that encroaches into the required rear yard setback. The builder did not make a provision for a deck on the original Variance request, so the hardship results from the action of the applicant. 10. The contents of Planning Case #03-121PC 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 deck addition, as shown on Exhibit A- Certificate of Survey: (1) A 12 foot variance from the required 25 foot rear setback (Section 1102.405 (3)). Adopted by the Board of Adjustment on October 27, 2003. Anthony Stamson, Commission Chair ATTEST: Donald R. Rye, Community Development Director 1:\03 files\03 variances\van pelt\denial resolution.doc 2 PLAT OF SURVEY FOR: MESSINBRINK CONSTRUCTION LOT 16, OAKLAND BEACH SCOTT COUNTY, MINNESOTA I I I I ,---- -------;;:;", I I I \ I I------;~ ;-----1 \ 'I \rOlP rD \w \ I I \ L--______'____.J I \ 13 ~:J "eo '\ \ ~O\ \~!\ ) ~-- , - - - - -::-' ~ - - - - - - I 2{' ... tf :.-~ \ .~?)~}~'-/~ ' h u. 10-1> -\ V I ({ i;' , -0, tl_ .. \ \:. I .... , I "~,, .to \ ~ ,- " mJ ,;)~,':.-P..I '. . . I ~ 1, i S!s ) /~~ I / I ~ ~-l<fs-~- ~\$('7 7:a~KL_;C;..-r R~)I.. ~;;;~ / I $ '_\.l1I1BER~AlL~ \ \ ""'\47\"\"'\,' Ib I \ _' - ,---- II BITVtous t QJ, / I, I I I I I f'~ \ " r ..L,. \ 1 I ( / l , 1\) \ ~I !;~ . ~ \ 1~2~ \ ~ 2111i j \ ~LOCt<S-}~/~S" J I, \, ~\ &5.. \. \lll~r I.' \\ _ \ ~ l ~' I ."-S~D Alt, \/~. \ \" 1;1\ ~i~ II .. \....-GRA-.u_, ~ / -", .\ '1f89'58'~ E\ =~. 100.i,;' fl .. /......-:' \ I l! ~ /" ~'-\ 27.Z1 -r::: \- \ \ 5 00\ \ I -~\ ,\,,,,.r.T il: 1/__ '_ If / "'oi . \! \ \ \ '\ \ \!!l. \\ \ .;; I \ /. lSi I 13 ~ 'ttotq.,., tl~~%\_: - \-....:..~.. ~ ~ //'r~;'~ooYY\\ :"~\ll!!.;'~(' q- ~\ - !~ " / / pt, \ .. -I:" -. ~~! \ 1t;,..L.. 1l\ 18 ~ ,) ~ i \. ~:;=rlO~ \ / ~ ( . ~ / ' ~ \ ~ co \ ,.. I~. .., \ i!l- _ / l' , / · ><'1,011- 52. \ ' ~ "" _, r-' ' ei I -<> ,~~ I J... ,- ; "5~ ",I \'~7';<:\_1'"''..''' .'1'. ~ I r oVi :'~ ,~,,.V...... ::; --'~"7Z-'-~-8~\'~'44'~\\IOQ.O~\\,\",.,~'\\~;r\""\ \\ r \ \ I, ..". a. 'f..;. \ \ \ '\ '. \, '.\ \ \ ".. __ ~....... 'I \ \"'" , , '. \ \ .1 .,~O \ \ \ ,\.... \ \..... ", \, ." ::'. . ':" :~:-:. ,\ \ ". .".:.' oJ" , ",.' 1.' .) .. . '" \ \ .Po. i9. \'3, ~J :.. l'" ... lJ \.. '\"J I I I \ \ ... ,0 q ~~~.. \ \ \ \ I \ \ I , I . \ ' ~~~V . 1\ \ ,~.-. ,f")\ ...."'" \S\,"~'" "" \, , ~ \ I I ~ Scale in feet I o 30 60 NOTE: THE HOUSE IS NOT STAKED AT THIS TIME. LEGEND PROPOSED ELEVA nONS LOWEST FLOOR 909.9 FT GARAGE FLOOR 922.0 FT o IRON MONUMEIOT -0- POWER POLE W TELEPHONE BOX 1m GAS METER 'd HYDRANT l><l WATER VALVE OE OVERHEAD ELECTRIC PROPOSED ELEVATIONS BENCHMARK: TOP NUT OF HYDRANT WEST OF (I 14624 AT BOULDER RETAINING WALL APPROX. 50 FEET EAST OF SE CORNER LOT 16. ELEVATION - 928.00 --- DIRECTION OF DRAINAGE I I I hereby certify that this survey was prepared by me or under my supervision and that I om 0 duly registered land surveyor under Minnesota Statutes Section 326.02 ~~/ ~A.r Reg. NoI84f'2..1 Dote: 12.~.I.tO 0 Ll~ Hansen Thorp · . I Pellinen Olson Inc. ? l) Engineers. Surveyors, Landscape Archlte( 7510 Market Place Drive Eden Prairie, MN 55344-3644 (612) 829-0700 FAX (612) 829-7806 EXHIBIT A @ute 8-31-00 Itlk-P9 107/61 += N I lea.:! ()()t7 DOl 1 \ I i \ ! \ \ \ 1 Iw C/) WI \~\ W -l <( o z W -l C) 't a~ ~It;;~-- i I \ ! I \ I I \ \ \ \ \ OOUB!JB^ ~. ad UB^ JOJ dev\l UO!lBOOl ,.,... ,," ... .'"...... "..----_.~._~._---'_........- -....-.-,...-......,"""...--.-....---.... o I DOl .. 8)fBl JO!Jd \ FOR: MESSINBRINK CONSTRUCTION LOT 16, OAKLAND BEACH SCOTT COUNTY, MINNESOTA , I I -------------, , '.'.'.".'/',' '1.eo I ; I I I , I I ;, 1-------;T.-~----_1 , .. ~ , rD~p , , "'; I I L---_____:____.J \ \ i 3 ~d 24,oe \ \ Jo \ \ D \, ) , , <( ~_. r - - - - ;'.\ - - - - - -, G I do ~ f{ Ii "j~-~'-J. i4 '.N, ~\ ~~ V I ~~= ~ "'\r' '\ /"" ~ tt \ , L ' ~ $.~..." , I I IN ) ~j '~:; , \ ('~\\(((?'..0f\' 4" ~F / ./ ), "-"l1ll8ER~AU.~, \ XRF' \ . r?7.~'ry l'l -I . .__ ---. ~ BIMNOUS JAll0 LOCKS-, J (' ,1 I, ;') \ ~l r\\~~~ \1:~\\~ ' ,\i~ii $ \ \ _ \ , / :~-SANDAlJI~ I It \ \"\, - .. II _.\\ ~~' '.. I. ~ ;;1\ ~i5 I--lr-GRA'IU_ !. -", ' 'lr'ev~'!56 El . = 1QO,~ ('I .. ,......'-\1 I ~ ~ ./ I' \ '-\ zw -f5 \- I .... \, \-~\ ,I BT '" I.. _ / ~ - \ \ \ \ \ \!! II.;; /' / I~ t' UPPER IDnr-- \-.... ~ ' \ J ~' '" \ 91 I / I~ \, \ - ~\'-. lll~~ \ '~'~ ";\l\ ,~. O~) (\ ~~~~~J./ ~ I ~ , / ( ~ \' I IlIMl; ,QD- ~ \ \ ' l\ a.: ''1:' I' 15 I / ../ ., is . STONE al;.ONC. 81101-, 04-7_ ~),. '\N'~~; ". "". .;. \" \ ''';'. .~' ';-~ . \ ~ ..f'" '~!J ~ (I ~ ,I..... $.'" ... I 5.~7!..... \ _ \ ,~;l. _... ~ ... \ .. ~ \ ':t ~: ,. \;) --'.2",,-' t'- , J~ \"'- \ \" , ", "'",.J.""y\.u \ \ , lI' .. '.,,, \ 1\ eO'4V'44... 1\08 '." '.... \ \..... '!I I \ \ I """~,, 't' \\ \ \ \ \ ,. \ \ ,\\ t __ 1 ...;IocO' " I II' \ \ \ '- o,. \.. .. \ \ \ .1 "~~ \ \ \ ". " ~ \" \~ ~t: .~: ", \' ~:. ~" I:. '~:))f,.7:~ \ ;' \. .~~ iOq'~ ~ .~ '\ '.~ '\ " ~\ \ \A\) I I I \ \ ',' A"''"'';'';S,) \ I \ I ; I 1\ ' ."- .f')'. f" NOTE' '.:};~\ ~ THE ~OUSE IS NOT STAKED AT THIS TIME. PLAT OF SURVEY ~ I ~ .m IP Scale in feet , o 30 60 ,- LEGEND PROPOSED ELEVA nONS LOWEST FLOOR 909.9 FT GARAGE FLOOR 922.0 FT o IRON MONUMEIOT -0- POWER POLE rn TELEPHONE BOX 1m GAS METER 't::f H'rORANT l><l WATER VALVE OE OVERHEAD ELECTRIC PROPOSED ELEVATIONS BENCHMARK: TOP NUT OF HYDRANT WEST OF (/ 14624 AT BOULDER RETAINING WALL APPROX. :SO FEET EAST OF SE CORNER LOT 16, ELEVATION - 92B.00 -- DIRECTION OF DRAINAGE I hereby certify that this survey was prepared by me or under my supervision and that I am a duly reolstered land surveyor under Minnesota Statutes Section 326.02 ~4./>,4r , . R"9. N"IS1'._Z:::LDatP:.I..~-.I_C/:=O () L'''''' Hansen Thorp . I Pellinen Olson Inc, ~. ':"\l Engineers. Surveyors, Landscape Architects 00-047 "=) Dale 7510 Market Place Orlve Eden Prairie, MN 55344-3644 (612) 829-0700 FAX (612) 829-7806 \., I I Drawn Checked . LEI DBO .nlll No. 8-31-00 I;jk-t'g ,07/SURVEY Mark Pahl Construction0 Deck Plan II )4' Glass Railing , , I 4'-0" j- -J- 14'.0. Existing House Scale 3/16" = I' 6/14/03 " ~ I , 12'-0" t -j j I 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 subsection-, a wall includes any building wall within 10 degrees of being parallel to and abutting the side lot line of a lot. (Ord. 00-08 - pub. 6/10/00) (7) Side yard widths may be reduced if the side wall of a building is not parallel by more than 10 degrees with the side lot line, to permit the average depth of the " side yard to conform to the minimum side yard depth" in the District, but no side ATION City of Prior Lake May 22,1999 Il02/p14 Correspondence L:\TEMPLA TE\FILEINFO.DOC 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 November 6, 2003 Tom & Dina Van Pelt 14624 Oakland Beach Avenue SE Prior Lake, MN 55372 RE: Variance for deck addition 14624 Oakland Beach Avenue SE (Lot 16, Oakland Beach) Case File No,: 03-121 Dear Mr, & Mrs, Van Pelt: Enclosed please find an executed copy of Resolution 03-012PC for the above referenced Variance. If you have any questions, please feel free to contact me. Sincerely, qp .. vzro Cynthia R. Kirchoff, AICP 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 Tom & Dina Van Pelt 14624 Oakland Beach Avenue SE Prior Lake, MN 55372 RE: Variances deck addition 14624 Oakland Beach Avenue SE (Lot 16, Oakland Beach) Case File No.: 03-121 Dear Mr. & Mrs. Van Pelt: 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 a deck addition: 1, A 12 foot variance from the required 25 foot rear yard setback in the R-1 (Low Density Residential) use district. (Section 1102.405 (3).) 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, ;:> Cynthia R. Kirch.:> Planner . - www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 Page 1 of 1 Cynthia Kirchoff From: MOLPAUL@aol.com Sent: Monday, October 27,20033:58 PM To: ckirchoff@cityofpriorlake.com Subject: Vanpelt Deck To City of Prior lake and Prior lake Planning Commision, My husband, Paul and I reside 14626 Oakland Beach Avenue. This letter is written in support of the VanPelt family receiving a variance for a deck to their home. We believe that a deck would only enhance the physical appearance as well as the value of their home. A deck on the VanPelt home would not invade any ones view of the lake. Please support the VanPelt family by allowing then to build a deck on their home. Sincerely, Mollie Borman 14626 Oakland Beach Ave Prior lake, MN 55372 952-447-5179 10/27/03 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 Tom & Dina Van Pelt 14624 Oakland Beach Avenue SE 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 PROJECT NAME: REQUEST: APPLICANT: CONTACT PERSON: I PID#: I LOCATION: I EXISTING ZONING: I COMPREHENSIVE PLAN: I I PROJECT REQUEST: VAN PELT VARIANCE (Case #03-121) The applicant is requesting a 12 foot variance from the required 25 foot rear yard setback for the construction of a deck. Tom & Dina Van Pelt Same 226-6636 SITE INFORMATION 25-115-011-0 14624 Oakland Beach Road SW R-1SD R-UMD Review and comment on variance application. i Date Received 10/3/03 Date Distributed 10/9/03 Date Due 10/16/03 I Complete Application 10/3/03 Date Distributed to 10/9/03 DRC Meeting NA Date DRC I Publication Date 10/11/03 Tentative PC Date 1 0/27/03 Tentative CC NA Date I 60 Day Review Date 12/2/03 Review Extension 1/31/04 1:\03 files\03 variances\van pelt\referral.doc Page 1 I have reviewed the attached proposed request (Van Pelt Variance) for the following: Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control Recommendation: Comments: Signed: City Code Storm Water Flood Plain Natural Features Electric Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code Approval Conditional Approval Denial 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\van pelt\referral.doc Page 2 PLAT OF SURVEY I o Scale i 30 in feet I, 60 ~ 90 FOR: MESSINBRINK CONSTRUCTION LOT 16, OAKLAND BEACH SCOTT COUNTY, MINNESOTA \ \ \ \ - - - - - - - - - - - 17.80 \ \ \ \ ~ I / \ / ,u,~ \ \ ~ \ ,------17---+-----1 \ /~,///~ \ FD lIP i 1/ //j \ L - - - - - - - _:;- _ _ _-.J \ ~///,;, 24.88 \ 1"' \ t ~J \ \ \ I \ \ \ FD IP " .... I \ \ \ \ \ ~2 \ ) ~-- \- - - - - -, - - - - - - - -, () \ ct- ~ --, (' ,,\ I (v' ...::- (' ~,\,.J' ~\ \..L_ V I () J (,,'1)-;:,1 /.///,> ~l.v14-_' tJ,." -: .i ~ \ -S). (v' t- ,,_\ \..' t t ; \... " .t- \ r .' f;! i (, ~..:t..f" I . \ / 1 jlr )) 0f ~/ i \ f'--Krs~~\$ (t7;~~,,-~ R~ , ;__~ i / f" '-, nNS" lWAl+ \ \ X -\>a< I, \ L T '1'.f':'y~,.L, ! /' \-- .. s"u roos JAnJOCKS_, t? ,j ) $ \ \ l ~!\~E r \\~~\ \~: \~~i;) I \ \ ___ __ ____\ I /. . . /-SAND ~I~' (\( \ ~\~ ' - ~,-\.:~ I (' /\\,.- i' ! .2,.. .' \ ,,!I\ ~j!:~ t--~-GRA~- /' -.... '1i A ',"N8g.58.56 E\ ::, 1 00. i.? \::1 \ 1'fD..-It... U \ "\ , ~\S' lJ4t~ ",/ 9~ N \ (J) '-\ 27.27 - 'r'.., - \ \ Lo,O \; ',\ -~), "" I,l .lf~1 ~ ,J. \ ../ / ~... C7! _ \ \ dl \ \ 'I \ \.\ o'l \\\ \ ~ \ ", /' _. ..... . .~/" --- \ "'.-f ~ \-1 ' \ - ' 01 -- /- .. I I~ ,. UPPER LEVEL-\ -wl-=-\--~ - ~ ~ 00 \ ~ ~b ~ (' \ rPRopbsE I ~ / ./ //(/ ~ ~ ~~ l~J~ \ '~~~01H~ )~~ ~ t \~DRlltJ I ~ I , ~ /. / \ th .2!.. ~ \ 1 . ~ t \ ~2. \ \ '; '-~ L ~,_" I ' 15 .. ../ \, ~ , =-~.~ 2t' .,~\///(//,/~~.(///}~:::,< \ \,}.' "',,- \ ~r- 9 / ,f' t.,J:: ,~I ..r-h,.Sl, \....1 \S.J7\-"SI'\\2J:J6'i.~~ -.., ~\ a \,~g\ i '-~-'~~72-~ -~-8~\.4~44\~\ \1dQ.o~\ :"">'<"<:'\l~Y\\'\~ ; \ \ l <'-0\' \.. \ \ \\ \ \ \. \, \0 \\, '\,\,p,\ P.,\:-, ':7\~ \ " ". '"", ~, ," ",$.I t....' .r~ _- ~-' ~.., "(J t-~... ...~) l..l) Ir, \ & ,9.. \~ ,". :.>- ..~ ~.;\ d' .\ rJI ''>-, \ A)' i I I \ \ " (-<~~ q -i. ("~, ..\ . \ \ \ \ \ \ ) I' / " .....(... ' , , ~ \ ""...'" " ' , -' r-" \ (' .J \...... , \ '\... \ ", \ \ \ "" '''' J. ~C? s& 0,8 ~11 i~t::: i;J,J NOTE: THE HOUSE IS NOT STAKED AT THIS TIME. LEGEND PROPOSED ELEVATIONS LOWEST FLOOR 909.9 FT GARAGE FLOOR 922.0 FT o IRON MONUME~T -0- POWER POLE rn TELEPHONE BOX ~ GAS METER 'd HYDRANT t><J WA TER VALVE OE OVERHEAD ELECTRIC PROPOSED ELEVATIONS BENCHMARK: TOP NUT OF HYDRANT WEST OF # 14624 AT BOULDER RETAINING WALL APPROX. 50 FEET EAST OF SE CORNER LOT 16, ELEVATION... 928.00 ~ DIRECTION OF DRAINAGE I hereby certify that this survey was prepared by me or under my supervision and that I am a duly registered land surveyor under Minnesota Statutes Section 326.02 ;:y~../ ~ Ar Reg. NoL8-f 2..( Date' /2. -14 -0 0 Drown Checked L""" Hansen Thorp . Pellinen Olson Inc. ~ ~l Engineers. Surveyors. Landscape Architects 00-047 , l,; } Dote LEI 080 Job No, 7510 Market Place Drive Eden Prairie, MN 55344-3644 (612) 829-0700 FAX (612)829-7806 8-31-00 Bk-Pg _ 107/61 IlbAR1~G ~O'l'ICES L:\TEMPLA TE\FILEINFO.DOC Page I of 1 Cynthia Kirchoff To: Prior Lake American (E-mail) Subject: Van Pelt Variance Hi Deb- 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 10/6/03 NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF A DECK 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 deck. APPLICANT: Tom and Dina Van Pelt SUBJECT SITE: 14624 Oakland Beach Avenue SE, Prior Lake, MN, legally described as Lot 16, Oakland Beach, 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 6th day of October 2003, Cynthia Kirchoff, AICP, Planner City of Prior Lake To be published in the Prior Lake American on Saturday, October 11, 2003, L:\03 Files\03 Variances\ Van Pelt\Public Hearing Notice.doc NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O, BOX 300 SHAKOPEE, MINNESOTA 55379 DAVID E. MOONEN Phone: (952) 445-6246 Fax: (952) 445-0229 September 19,2003 Tom & Dina Van Pelt 14624 Oakland Beach Ave. Prior Lake, MN 55372 To Whom it May Concern: According to the 2003 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following described property: That part of Government Lot 6, Section 30, Township 115, Range 21, Scott County, Minnesota, described as follows: Beginning at the southeast comer of Lot 16, OAKLAND BEACH; thence east along the easterly extension of the south line of said Lot 16 to the west line of OAKLAND BEACH 1 ST ADDITION; thence southeasterly along said west line to the northwest comer of Lot 1, Block 1, OAKLAND BEACH 21'0 ADDITION; thence southeasterly along the west line of OAKLAND BEACH 2ND ADDITION and its southeasterly extension to the south line of said Government Lot 6; thence westerly along the south line of said Government Lot 6 to the southeast comer of the plat of SEVEN ACRES; thence northwesterly along the east line of SEVEN ACRES to the T? /)2N AC:-'hence northwesterly to the point of beginning. DavicfE. Moonen President Scott County Abstract & Title, Inc. $ I~O T .~,.. ..'......"..1 tJ r _'_,', COTT UN, TY. ,AB, STRACT ; .), AND TITlE. INC. ; \,;. ucensed AbStractor \ "..;" State of Minnesota l........... .I "II.. I. I.. ...._1. .: I:,.... Ill.'" C .........lllIIlIl_,.. 41 MEMBER MINNESOTA LAND TITLE ASSOCIAnON AGENT FOR CHICAGO nTLE INSURANCE COMPANY C H MILLER 1095 POLK CIR MPLS MN 55421 ARNOLD F & AUDREY P AHL 14574 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372-1415 GREGORY J ENGEBOS 14524 GLENDALE AVE SE PRIOR LAKE MN 55372 DAVID M FELDSHUH 308 ELM WOOD AVE ITHACA NY 14850 PAUL D BORMAN MOLLIE SEXE-BORMAN 14626 OAKLAND BEACH AV PRIOR LAKE MN 55372 THOMAS & PAMELA DAUFFENBACH 16754 CREEKSIDE CIR SE PRIOR LAKE MN 55372 DAVID M FELDSHUH 308 ELM WOOD AVE ITHACA NY 14850 e AVERY@ Address labels DANIEL E DUOOS 14670 COVE AVE SE PRIOR LAKE MN 55372 GREGORY J ENGEBOS 4931 BEACH ST NE PRIOR LAKE MN 55372 DAVID C & JOAN REMBOLD 10535 PARKER DR EDEN PRAIRIE MN 55347 STEVEN W & PATRICIA J MOSEY 14620 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372 ARNOLD F & AUDREY PAHL 14574 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372-1415 DAVID C & JOAN REMBOLD 10535 PARKER DR EDEN PRAIRIE MN 55347 WAYNE F & NA THALEEN MOSEY 14524 GLENDALE AVE SE PRIOR LAKE MN 55372 EYJiIBIT .1:... PAGE OF I') PAGES Laser 5162@ EDITH G GENTRY 14625 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372 SHARON L & STEVEN R VESPESTED 14662 GLENDALE AVE SE PRIOR LAKE MN 55372 THOMAS A & KELLEY M ROSZAK 14581 GLENDALE AV SE PRIOR LAKE MN 55372 DONALD W & HELEN DERICKSON 14613 GLENDALE AVE SE PRIOR LAKE MN 55372 BONNIE LURQUIN 14649 GLENDALE AVE PRIOR LAKE MN 55372 LORAINE CZECH 14560 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372 {lAVERY@ Address labels EXHIBIT · JANET J CHERRIER 14644 GLENDALE AVE SE PRIOR LAKE MN 55372 MARGARET M LYNCH 14676 GLENDALE AVE PRIOR LAKE MN 55372 ROBERT F & BONNIE CAMERON 14597 GLENDALE AVE SE PRIOR LAKE MN 55372 DAVID W & DEBORAH L HUMPHREY 14631 GLENDALE AV SE PRIOR LAKE MN 55372 ALMAC INe PO BOX 550 PRIOR LAKE MN 55372 c- · PAGE 'dOF'&- PAGES , -"- Laser 5162~ 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 ,t:-::.... ' - _._-.... .... ,-_ '-, "0----0 I....~-....~ I --- \...... f'. -~...~c::~ ~..... ~ -1-<_'~ ~~~...: Q OCT 16'03 f]( ?~~ US , .f,. - ( in.'>>i'\l) :;;: :1.11N~.Y P,,,..,ETfll' GC'-5S715 _ RETURN SERVICE REQUESTED DAVID C & JOAN REMBOLD 1 0535 PARKER DR EDEN PRAIRIE MN 55347 'J orfif REMB535* 553~7201e 1Q03 17 10/20/ RETURN TO SENDER REMBOLD 1Qb02 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372-1Q15 RETURN TO SENDER ~~172-i~~~~1~5l4~ ! Ii: i ! : i ! ! t ! ; i I ~ i i ~ : i : 11 ! i ! : ! i i \ : i ! ~ Ii: i : 1 ! : ! ~ j ! ; f : ~ t i : ; ; ! : ~ j ~ 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 t~.;,.oo-I...."""'~,~_'J 1- - --;,:; ~/("\~ ,..".,-~~.... ~ -1 '.~~ ~..!'!!'!; :<- 7-' · u. a. ~ - IS. OCT 16'03 \ t-? ..~' ~ ..I'~. - I i~:;:~ ~'N~Y P.8.MUHI 6055715 _ RETURN SERVICE REQUESTED \f ~ \ \ '" \ 0 \ \ ~ .,-"",-~;~~_..~ N '~'''''' ,P', ~. p.;..'".".." .:""""ii\ or OEU\I~:i"~.8LE ~~ \;"'-::+,. TO ~ AS f.["-- 'C'~ ~ '. _ or"'" ~",J..~I .\,.- , '~l}l. f'"II!( t= "'~. - - " ','. ~ ~______ ~ 1,IJ~-.g1.W '\..2 rVi"1~i'~i";<' GREGORY J ENGEBOS 14524 GLENDALE AVE SE PRIOR LAKE MN 55372 \ L., , \.. \-' 155372.=1407 l,f.IIII.I. II U.II.llIf.I,"I1.IIIIU...I. ..f,.',','..m ".1 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss ST ATE OF MlNNESOT A) CoVUl\At Co,~,t~Mrthe City of Prior Lake, County of Scott, State of Minnesota, being duly sworn, says on the I ~ day of ~~20Q3, she served the attached list of persons to have an interest in the VOx\. ~-r V~U ~ , by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of ,2003. NOTARY PUBLIC L:\DEPTWORKIBLANKFRMlMAILAFFD.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 DECK ADDITION 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 deck, APPLICANT: Tom and Dina Van Pelt SUBJECT SITE: 14624 Oakland Beach Avenue SE, Prior Lake, MN, legally described as Lot 16, Oakland Beach, 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\ Van Pelt\Mailed NQ~icefdo.c 1 k www.cnyopnorae.com Phone 952.447.4230 / Fax 952.447.4245 NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 DAVID E. MOON EN Phone: (952) 445-6246 Fax: (952) 445-0229 September 19, 2003 Tom & Dina Van Pelt 14624 Oakland Beach Ave, Prior Lake, MN 55372 To Whom it May Concern: According to the 2003 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following described property: That part of Government Lot 6, Section 30, Township 115, Range 21, Scott County, Minnesota, described as follows: Beginning at the southeast comer of Lot 16, OAKLAND BEACH; thence east along the easterly extension of the south line of said Lot 16 to the west line of OAKLAND BEACH 1sT ADDITION; thence southeasterly along said west line to the northwest comer of Lot I, Block I, OAKLAND BEACH 2ND ADDITION; thence southeasterly along the west line of OAKLAND BEACH 2ND ADDITION and its southeasterly extension to the south line of said Government Lot 6; thence westerly along the south line of said Government Lot 6 to the southeast comer of the plat of SEVEN ACRES; thence northwesterly along the east line of SEVEN ACRES to the r;;:;x:::,;~N Ac::thence northwesterly to the point of beginning. David E. Moonen President Scott County Abstract & Title, Inc, ~."....~~, C TT COUNTY ABSTRACT ~ i, -), '"".". AND TITLE, INC. : . :,' Ucensec:l Abstractor ~ ", _.. :;. State of Minnesota II' u..........., C. "'... iii J 1.. L U 1 MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY .. :'.', , l "~I ~ \ . . . . . S //2 SEC. 30 T. 1/5 R. 2/ - - \,.~~E. ., .(,. .~ ., I --1..... \ ~... \ ~..- :j z; N~ -\ ........w....150th ....~ ..... 14.....u ..- ."". \&11III_ MACa. I..'" :.JltN ~.. 4Y~' - C H MILLER 1095 POLK CIR MPLS MN 55421 ARNOLD F & AUDREY P AHL 14574 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372-1415 GREGORY J ENGEBOS 14524 GLENDALE AVE SE PRIOR LAKE MN 55372 DAVID M FELDSHUH 308 ELMWOOD AVE ITHACA NY 14850 PAUL D BORMAN MOLLIE SEXE-BORMAN 14626 OAKLAND BEACH A V PRIOR LAKE MN 55372 THOMAS & PAMELA DAUFFENBACH l6754 CREEKSIDE CIR SE PRIOR LAKE MN 55372 DAVID MFELDSHUH 308 ELMVffOoD AVE ITHACA lIY 14850 {lAVERY@ Address labels DANIEL E DUOOS 14670 COVE AVE SE PRIOR LAKE MN 55372 . GREGOI\Y I ENGEBOS 4931 BEAUI ST NE PRIOR LAkE MN 55372 DAVID C & JOAN REMBOLD 10535 PARKER DR EDEN PRAIRIE MN 55347 STEVEN W & PATRICIA J MOSEY 14620 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372 ARNOLD F &:',AUDREY P AHL 14574 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372-1415 DAVID C & JOAN REMBOLD 10535 PARKEADR EDEN PRAIRIE MN 55347 WAYNE F & NA THALEEN MOSEY 14524 GLENDALE AVE SE PRIOR LAKE MN 55372 EXHIBIT.L'PAGE OF 1 PAGES Laser 5162@ EDITH G GENTRY 14625 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372 SHARON L & STEVEN R VESPESTED 14662 GLENDALE AVE SE PRIOR LAKE MN 55372 THOMAS A & KELLEY M ROSZAK 14581 GLENDALE AV SE PRIOR LAKE MN 55372 DONALD W & HELEN DERICKSON 14613 GLENDALE AVE SE PRIOR LAKE MN 55372 BONNIE LURQUIN 14649 GLENDALE AVE PRIOR LAKE MN 55372 LORAINE CZECH 14560 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372 .AVERY@ Address labels JANET J CHERRIER 14644 GLENDALE AVE SE PRIOR LAKE MN 55372 MARGARET M LYNCH 14676 GLENDALE AVE PRIOR LAKE MN 55372 ~'" ROBERT F & BONNIE CAMERON 14597 GLENDALE AVE SE PRIOR LAKE MN 55372 '~ DAVID W & DEBORAH L HUMPHREY 14631 GLENDALE A V SE PRIOR LAKE MN 55372 ALMAC INC PO BOX 550 PRIOR LAKE MN 55372 EXHIBIT' ,r'PAGE 'dOF6- PAGES laser 5162@ Date Received Date Returned 9-26 , 20 03 . 9-30 , 20....D..1-. SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 Holmes Street, P.O. Box 300 Shakopee, Minnesota 55379 Phone: (952) 445-6246 · Fax (952) 445-0229 N~ 58494 Bill To: Tom & Dina Van Pelt 14624 Oakland Beach Ave. ~~io~ ~~I ~T =5J72 952-985-2201 ~:>L-LLO-OO.:H) " , ,,~ L.. i f., 2uOJ ,,,,,' 1 1 Del'd To: L,~~;~ --- I ..--.--==,;::~:;J RE: 350' Ownershi!> Renort DESCRIPTION' That part of Gov't L6. Section 30. Towsnhio 11.5. Range 21. Scott County. New Abstract Entries .............. Continuation of Abst. Entries ........... Registered Property Abstract . . . . . . . . . . . . . . . . . . . . . . . -X- &~~ ~~rship R~por~. 23 Pa~~~~3 Judgments; Bankruptcies; St. & Fed. Tax Liens. . . . . . . . Current and Delinquent Tax Search . . . . . . . . . . . . . . . . . . Levied and Pending Assessments . . . . . . . . . . . . . . . . . . . Title Insurance and Service Charge . . . . . . . . . . . . . . . . . . inspection and Location Certificate ................. Postage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Doc's for Recording Recording Fee ................................... State Deed Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remarks: Please Return With Remittance. TOTAL 100 00 PID 1 SHSRTN SHHOUSISHSTRE SHCITY I SHS SHZI 1 HOUSGS I STREGS 259301060 PW1L.ARNDLD F & AUDREY 14574 OAKLAND BEACH AVE PRIOR LAKE MN 55372 0 251200040 I P,tM",ARNOLD F & AUDREY 14574 IOAKLAND BEACH AVE PRIOR LAKE MN 55372 01 251150040 I PIIHL.,ARNOLD F & AUDREY 14574 IOAKLAND BEACH AVE I PRIOR LAKE MN 55372 14574 OAKLAND BEACH 2512000601~~_'CH,THOMAS & PAME 116754 CREEKSIDE CIR SE I PRIOR LAKE IMN 55372 0 2511500Safl;:.ITw::Dos,GREGORY J 14931 BEACH ST NE PRIOR LAKE IMN 155372 14582 OAKLAND BEACH 25930111~~,GREGORY J 4931 BEACH ST NE PRIOR LAKE MN 55372 0 251360130fR~~MASA& KELLEY M 114581 I GLENDALE AV SE I PRIOR LAKE IMN 155372 14581 GLENDALE 251200060~ENBACH,THOMAS & PAME 116754 CREEKSIDE CIR SE I PRIOR LAKE IMN 155372 0 251150050 I EN'i'Ir~I\~EGORY J 14931 BEACH ST NE I PRIOR LAKE MN 1553721 14582 I OAKLAND BEACH 2511500601llltOlEY,WAYNE F & NATHALEEN 14524 GLENDALE AVE SE I PRIOR LAKE MN 553721 14590 I OAKLAND BEACH 259301010 ND8&Y,WAYNE F & NATHALEEN 14524 GLENDALE AVE SE PRIOR LAKE MN 55372 0 2511500601~..WAYNE F & NATHALEEN 114524 GLENDALE AVE SE I PRIOR LAKE IMN 155372 14590 I OAKLAND BEACH 2512000801jEM8OlD,DAVID C & JOAN 10535 PARKER DR I EDEN PRAIRIE I MN 155347 0 251360140 CMERON,ROBERT F & BONNIE 14597 I GLENDALE AVE SE I PRIOR LAKE IMN 155372 14597 GLENDALE 251150070 F88:>LD,DAVlD C & JOAN 110535 I PARKER DR EDEN PRAIRIE I MN 155347 14602 OAKLAND BEACH 259301030 Rl!M8OLD,DAVID C & JOAN 251200090 FeLDSHUH,DAVID M 251150070 ~,DAVID C & JOAN 2511500801~,DAVID M 10535 308 10535 308 PARKER DR ELMWOOD AVE 1 PARKER DR IELMWOODAVE EDEN PRAIRIE MN 55347 I ITHACA NY 148501 IEDEN PRAIRIE MN 553471 I ITHACA INY 148501 o o 14602 OAKLAND BEACH 14612 OAKLAND BEACH STT A PRPLA T I I IPLAT-25120 OAKLAND BEACH 1ST ADDN IAV IS IPLAT-25115 OAKLAND BEACH I I IPLAT-25120 OAKLAND BEACH 1ST ADDN IAV IS IPLAT-25115 OAKLAND BEACH IAV IS IPLAT-25136 OAKLAND BEACH 2ND ADDN I I IPLAT-25120 OAKLAND BEACH 1ST ADDN IAV IS IPLAT-25115 OAKLAND BEACH AV IS IPLAT-25115 OAKLAND BEACH AV S PLAT-25115 OAKLAND BEACH PLAT-25120 OAKLAND BEACH 1ST ADDN AV S PLAT-25136 OAKLAND BEACH 2ND ADDN A V S PLAT -25115 OAKLAND BEACH PLAT-25120 OAKLAND BEACH 1ST ADDN AV S PLAT-25115 OAKLAND BEACH AV S PLAT-25115 OAKLAND BEACH 259301020 flll!tDSHUH,DAVID M 308 ELMWOOD AVE ITHACA NY 14850 0 251360150 ERICKSON,DONALD W & HELEN D 14613 GLENDALE AVE SE PRIOR LAKE IMN 55372 14613 GLENDALE AV S PLAT-25136 OAKLAND BEACH 2ND ADDN 251150080IfELOSHUH,~VID M 308 ELMWOOD AVE ITHACA INY 14850 1461210AKLAND BEACH AV S PLAT-25115 OAKLAND BEACH 251200100 '-\oIIII:t'.WAYNE F & NATHALEEN 14524 GLENDALE AVE SE PRIOR LAKE MN 55372 01 PLAT-25120 OAKLAND BEACH 1ST ADDN 251150090 r.eeeev,STEVEN W & PATRICIAJ 114620 I OAKLAND BEACH AVE IPRIOR LAKE MN 155372 14620 I OAKLAND BEACH AV S PLAT-25115 OAKLAND BEACH 259301040 fII8geY,WAYNE F & NATHALEEN 14524 GLENDALE AVE SE PRIOR LAKE MN 55372 0 251200110 ~Y,EDITH G 14625 OAKLAND BEACH AVE PRIOR LAKE MN 55372 14625 I OAKLAND BEACH AV S PLAT-25120 OAKLAND BEACH 1ST ADDN 25930115~R.CH POLK CIR MPLS MN 55421 1095 o p~~~ I PR PR LEGAL 1 SECT-30 TWP-115 RNG-021 49.4' X 80' X 30.1' X 75.18' IN GOVT LOT 6 LYING ADJ TO LOT7 OAKLAND BEACH 14 1& LOT 5 16 I & LOT 7 16&71 I 18 1& N1/2LOT 9 SECT-30 TWP-115 RNG-021IN GL6 ADJ TO LOT 6 0 BEACH 1 ST 12 3 I 16&71 I 8 1& N1/2 LOT 9 10 1& S1/2 OF LOT 9 SECT-30 TWP-115 RNG-021 P/O GOVT L T 6 BETWEEN OAKLAND BEACH & OAKLAND BEACH 1ST ADDN & S1/2 OF LOT 9 10 8 3 111 1 3 I 1& N1/2 OF LOT 12 SECT.30 TWP-115 RNG-021 04A IN GL6 E OF LOT 11 & N1/2 OF LOT 12 ON BEACH 9 11 13 & N1/2 OF LOT 12 & S1/2 OF LOT 12 SECT -30 TWP-115 RNG-021 .04A IN GOVT LOT 6 LYING E OF LOT 13 & S 1/2 LOT 12 o BEACH 4 3 13 & S1/2 OF LOT 12 10 14 SECT-30 TWP-115 RNG-021 P/O GOVT LOT 6 LYING W OF 10.10AKLAND BEACH, 1 ST ADDN 11 1 I & LOT 12 SECT.30 TWP-115 RNG-021 P/O GOVT LOT 6 COM 100' S OF SE COR LOT 16 OAKLAND BEACH, N100' TO SE COR, W 100' TO SW COR LOT 16, N 63-40 W 189' TO SHORE, SW ALONG SHORE TO PT W OF POB, E 550' TO POB 251360160 I HUMPHREY,DA VID W & DEBORAH 114631 GLENDALE AV SE I PRIOR LAKE MN 55372 14631 GLENDALE AV S PLAT-25136 OAKLAND BEACH 2ND ADDN 5 3 SECT-30 TWP-115 RNG-021 GL6 BET 0 BEACH & 0 BEACH 1ST BEG ON W LINE 10-1 OR 17.4' SW COR LOT 10, W 30.7', 259301050 IJIilIRMAN,PAUL J 14626 OAKLAND BEACH AV PRIOR LAKE MN 55372 0 SE 40', E 31.8', N ALONG W LINE LOT 11 2511501001~,PAULJ 114626 OAKLAND BEACH AV IPRIOR LAKE MN 155372 0 I PLAT-25115 OAKLAND BEACH 15 251200110 Glilft'RY,EDITH G 114625 OAKLAND BEACH AVE IPRIOR LAKE IMN 155372 14625 OAKLAND BEACH AV IS PLAT-25120 OAKLAND BEACH 1ST ADDN 11 & LOT 12 _ __ 251150110 VANPELT,THOMAS W & DINAA 114624 OAKLAND BEACH AV SIPRIOR LAKE IMN 155372 14624 OAKLAND BEACH AV IS PLAT-25115 OAKLAND BEACH 16 SECT -30 TWP-115 RNG-021 .03A IN GOVT LOT 6 LYING ADJ TO LOT 11 BLK 10 259301130 <JENTRY,EDlTH G 14625 OAKLAND BEACH AVE PRIOR LAKE MN 55372 0 BEACH 1ST 2513601701LUROUIN,BONNIE 14649 GLENDALE AVE I PRIOR LAKE IMN 55372 14649 GLENDALE AV IS PLAT-25136 OAKLAND BEACH 2ND ADDN 6 3 SECT-30 TWP-115 RNG-021 GOVT LOT 6 COM SE COR OF LOT 16, OAKLAND BEACH, S 100' TO NLlNE OF SEVEN ACRES,E TO NE COR OF SEVEN ACRES, 25930112~,C H 1095 POLK CIR MPLS MN 55421 0 NW TO POB. 300 I I I I 251360010 IHERRfER,JANET J 114644 GLENDALE AVE SE I PRIOR LAKE IMN 155372 14644 GLENDALE AV IS PLAT-25136 OAKLAND BEACH 2ND ADDN 1 2513600201~STED,SHARON L & STEVE 114662 GLENDALE AVE SE I PRIOR LAKE IMN 155372 14662 GLENDALE AV IS PLAT-25136 OAKLAND BEACH 2ND ADDN 2 LYING E OF LINE COM 475.42' W OF SE 251180080 "'tLLER.C H 1095 POLK CIR MPLS MN 55421 0 PLAT-25118 SEVEN ACRES 9 COR, N TO N LINE. & P/O LOT 9 LYING W OF LINE COM 475.42' W OF SE COR, N TO N LINE & THERE TERMINATING & P/O LOT 10 COM NW COR, E 30', S 20', W TO W LINE, N TO 251180081 WJOS.DANIEL E 14670 COVEAVESE PRIOR LAKE MN 55372 14670 COVE AV S PLAT-25118 SEVEN ACRES 8 POB 251360030 I LYNCH,MARGARET M 14676 GLENDALE AVE PRIOR LAKE MN 55372 14676 GLENDALE AV S PLAT-25136 OAKLAND BEACH 2ND ADDN 3 2517100~INC PRIOR LAKE MN 55372 0 I PLAT-25171 OAKLAND BEACH 8TH ADDN 1 1 25171004.....C tNC PRIOR LAKE MN 55372 0 I PLAT-25171 OAKLAND BEACH 8TH ADDN O-L A & P/O LOT 9 LYING W OF LINE COM 475.42' W OF SE COR, N TO N LINE & THERE TERMINATING & P/O LOT 10 COM NW COR, E 30', S 20', W TO W LINE, N TO 25118008~S.DANIEL E 14670 COVE AVE SE PRIOR LAKE MN 55372 14670 COVE AV S PLAT-25118 SEVEN ACRES 8 POB 25171002=INC I PRIOR LAKE IMN 155372 0 PLAT-25171 OAKLAND BEACH 8TH ADDN 2 25171003 . ' INC PRIOR LAKE IMN 155372 0 PLAT-25171 OAKLAND BEACH 8TH ADDN 3 --- Property Owners within 350' of Van Pelt Variance BOUI Q 400 ~ N 400 0 I 800 Feet I