Loading...
HomeMy WebLinkAboutVA94-01 King Variance TO: FROM: RE: DATE: Planning Ralph Teschner, F'mance Director Lot 12 & N 40' Lot 13, Block 7 Grainwood (assessment/fee review) January 13, 1994 Lot 12 & N 40' Lot 13, Block 7 Grainwood (PIN# 25 032 022 0) were served with water and sewer utilities in 1978 under Project 77-3 and was 100% assessed for frontage and trunk acreage charges. All past applicable assessment amounts have been paid and no special assessment balance remains against the property. The tax status of the property is in a current state with no outstanding delinquencies. Since the proposed administrative land division requires no associated street improvements or storm water facilities, no storm water fee is applicable. The area fee calculation for the Collector Street fee includes both Parcel A & B because the existing cottage is proposed to be removed. A summary of the development fees to be collected upon approval of the administrative lot split is detailed as follows: Trunk Water & Sewer Charge Storm Water Management Fee -0- -0- Collector Street Fee .64 ac. @ $1250.00/ac = $512.30 SPLJI.WKT 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 I Ph, (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER TO: FROM: RE: DATE: MEMORANDUM GINA MITCHELL, ASSOCIATE PLANNER ~ BILL MANGAN. DIREcroR OF PARKS AND RECREATION 17/ I \./ PARK DEDICATION REQUIREMENT FOR BRADLEY KING JANUARY 25, 1994 Gina, since this application is for a split of previously platted property, there is no Park Dedication required. As with all previously platted lots or lots of record, the Park Dedication is not applicable. If you have any questions concerning this matter, please contact me. Thank you. 4629 Dakota St. S,E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPOR11JNITY EMPLOYER Wayne G. Miller MaxIne L. Miller 4094 Wagon Bridge Circle Prfor Lake. Minnesota 55372 (612) 447~763 Destin Gulfgate #503 1180 Hwy Q8E Destin. Florida 32541 (904) 837.Q637 City of Prior Lake Planning Department 4629 Dakota St. S, E. Prior Lake, MN 55372-1714 26 January 1994 IN RE: Variance and Administrative Land Division Application of Bradley and Kristin King. Property Location: 4070 Wagon Bridge Circle Property Description: Lot 12 and the North 40 feet of Lot 13, Block 7. Grolnwood To whom it may concern: We are owners of neighboring property to the above concerned property, We received notice of the hearing on this application January 25,1994. We write to express our strong opposition to the proposed changes contained in the application, These three requested variances woufd result In lots that would be able to sustain two much smaller homes than the current configuration would support. Building on the two proposed lots would result In Increasing the density of the area. as well os decreasing the value of the development In the area because of the necessarily smaller homes that could be built with current building code requirements. While the S' per lot lakefrontage variance may not seem to be sIgnificant. the 20' per lot set bock width variance ~ significant os well as the nearly 2,000 sq. ft. lot size reduction suggested. . Please consider this our formal written objection as specifIed In Section 6- 1-3 of the Prior Lake Subdivision Ordinance. Sincerely, ~~wi.~ Maxine L. Miller ~~"~ WGM: nasm !0"d WdLS:~ v661 '9c ~r Svcv Lvv c19 :01 X~=1 ~JrNO)f:WO~=1 Terry & Mary Mullett 4082 Wagon Bridge Circle H.E. Prior Lake, Minnesota 55372 Phone: 612/440-1369 January 20, 1994 Gina Mitchell Planning Department City of Prior Lake 4629 Dakota St. N.E. Prior Lake, MN 55372-1714 Dear Gina: We are writing this letter as a follow up to the phone conversation I had with you yesterday, 1/19/94. Our address is above. We live in the Grainwood West Townhouse directly adjacent to 4070 Wagon Bridge Circle N.E., Prior Lake, MN. The Planning Department wrote us a letter of notice of variance & administrative land division on 1/13/94. I responded to that by phone to you. You asked that I put our opinion in writing and submit it to the City Council. Would you please do that for us? We will be out of town on 2/07/94 when the council meets on this matter. Our opinion is that the city set up zoning ordinances with respect to buildable lot size for many reasons, one of which is to maintain continuity of lot area. This in turn enhances the beauty of the neighborhoods. This particularly applies for lake shore residential property, such as that in question. Our preference would be that the land not be divided, but maintained as the parcel as it is currently. We understand the lot is buildable in its present form according to ordinance. It is not our intent to obstruct anyone's freedom. It is our intent to maintain the beauty and through that enhance our own property value as years go by. We believe adherence to the current zoning ordinances will help to assure this. Sincerely, /llJJ~.di'/-~ ~ ~ '~;y & MarY~MUllett E.\GLE CREEK PROPERTIES, I~C. y,'AGON BRIDGE ~!:\RI~A e: SERVICE, INC. 15862 EAGLE CREEK AVE PRIOR Iw~F., VJ,N 5S.3n (612) 447-4300 .hllllary :2.3. 199~ City of Prior Lake Plannin;; Department ~5:29 Dakota St. S.E. Prior Lak~, MN 35372-l71~ Dear Sir: Eagle Creek Properti~5, Inc. and Wagon Bridge Marina & Service, Inc. hereby object to the proposed subdivision of property O\"ned by Brad & Kristine King for the following reasons: 1. Eagle Creek Propert ips and \':agon Br idge Narina were never Iwtified in writing of the p~oposed land division. In order to gain copies of the proposed division, Wagon Bridge MaLina h:ld to go Lo the City Hall to obtain copies. :2. The property to be subdivided will not generally conform to thp shape and area of existing subdivisions in the area. 3, The permanent easement and right to drive over and across the north portion of Lot 11, Block 7, Grainwood is still to be determined. Eaglp Cceek Pr.operties h;:15 lIut yet granted such permanent eusement. If Eagle Cre~k Properties chooses to grant such easement, it will be for one parcel only and will not be transferable tll the additional parcel, lot, or other owners or assigns. Therefore, there will be no easement or access for the additional sub-divided parcEll. 4. The proposed sub-division of the parcels do not hav~ direct access I)!' easement onto 3ft e:.;:i:.;ting county or city road \\.lthout going through additional easements already in plac 2 LH' \~ag()" Br- ids': Townhomes. These current. easements "H'(~ granted only bet'Ween Wagon 3L"idge TO\mhomes and Eagle Creek Pr()p(.~rtip.s. :';aintenance on these 0.:lCements are shared jointl)" by the townhomes and Wagon Bridge rIar 111a. :>. The proposed sub-d.;vlsion ,..auld allow for a variance In the lakeshore lot width requirement of Prior Lake. Thank you for considering our objection to this matter. ~e~4 Pres, Wa;on Bridge ~arin3 ~::: c,~t p:p~rt~g. Diane SeIltY~ Vice President Wagon Bridge Marina Rot;q- 4~ r~ Robert A. Paschke President Eagle C~0~k Properties, Inc. Inc. ;'J F,-p- L~A / .:f",~ tf;</1C~ 1..z.,~-.97' .1..;ed'--4-f /1'rw.. / v rl't- r:7) ~5;'~""-- c/ C~~#".. ~/ ... 4 , n, ~7/ () .- .A' ~-s- t1 ~:. /,/c.). err Ut -/ 4.~ ~~__ d ~ Ce.o:;. d. )-.e c~~.. )" .q; i?o"-" ~ r~ /~ ~ -fl... s P ) ~' r-L / ~ /?...~~ /~ ;-L ~.. r~'c< /5- U/v.-<// ~~ ~ s-~~ ~~ ~~-I'" &ilHrJ ~,-t "'7~ ~ ./ .4 l' ~ :y i- h c~/ .;;-/ z. ,0, ~C"i- A~/..r7 ~ /1 . k-t? ___ ~.r,,-~/j'/'-, C$"~/.,' 4/ ,,'..r r~~'< ,,'l 3~ /' rC',-)~ Z':",'" 7;- ,:;..,,- ~J:-. ~ ,. /"'\ >,%,,;- , ~ "'-'-e:'t ,,~ ~.~ by~/ rU-.:. :h>~./ r~" d L ~ilt-.,....~-7:;::/ ~ e.";;:P"7/~/~ O--:"J-4-<T 4.. CCe... s-T -z:;; c: r /./ /( .;z.-/ - ~ ~~ ;-./-- ~r--?r- F;- 7'i5' ~~. Z- f" ,,' ,., II , ~cr s{~, [LLsv qLj /1f02 " VARFM " VARIANCE CHECK LIST 4070 WdJJ~ Iht~. & fn~ 1 ~5tJrw ~ CHECK V' I -j ;) ~ q 'f /-(3- 1'-1 I -I.~ - q 'f /- II;J -q 'i 1-0 -qi [-13-11- / v MNDOT Other SUBJECT SITE: APPLICANT: SCHEDULE HEARING DATE: DNR NOTICE IF SHORELAND: PREP ARE AREA MAP: APPLICANT NOTICE: PROPERTY OWNERS NOTICE: NOTICE TO DOUG - ENGINEERING NOTIFY OTHERS: Scott County Watershed District COMMISSION AGENDA PACKETS: Staff Memo Application Form Copy of Public Notice v V V V V' Applicable Maps Copy of Parcel Info. Other Applicable Info. STAFF ACTIVITIES MAIL COPY OF APPLICATION AND REQUIRED CONDITIONS TO APPLICANT: MAIL COPY OF APPLICATION AND CONDITIONS TO DNR: GIVE COpy OF APPLICAITON AND CONDITIONS TO BLD. INSPECTOR ASSIGN FILE NUMBER: AMEND VARIANCE SUMMARY SHEET: ADD ~TO PROPERTY MGMT: . dJA1i a) FILE BY: File #: VA '1'+0 I Legal: FILE SHOULD CONTAIN: ?< Staff Memo Original Application X Copy of Notice to OWners Planning Comm. Minutes X Other Information v cJ.- g"- 9 tf ~ )-61-7'1 ~ .)-?-9Lf V ;2-?- 9'1 v'/ d-f-1'f Applicant: Address: 0' D 81. D Ck./ v7 t -;--ht vllta.t:L of B-e-tl/Uv Or. whi du / r X Applicable Maps and Doc x Copy of Public Notice ~ Correspondence Council Minutes if Applicable t / brl7hv '~CU~f ents Prior Lake City Council Minutes February 7, 1994 Item #7B - Consider Approval of Resolution 94-08 Approving the Final Plat for the Echos First Addition. - Applicant John Andren addressed the Council and requested that his request for Final Plat consideration of the Echos First Addition be withdrawn due to the injunction brought by the Prindle family resulting in a loss of the applicant's property rights. A short recess was called. The meeting was reconvened at:7:45 p.m. 6. PUBLIC HEARINGS: 7:45 P.M. A. Conduct Public Hearing to Consider an Administrative Land Division and Variance Application for Brad and Tina King. Acting Mayor Scott called the public hearing to order and read the public notice which had been mailed to all affected property owners. A letter from Mr. and Mrs. Rollie Thuling opposing the land division and variance was entered into the record. City Manager Boyles noted that staff is recommending denial of the land division and referred to the arguments on page 4 of the staff report. Planning Intern Mitchell presented an overhead depicting the property and location of the proposed land division. Ms. Mitchell reviewed the history of the plat and discussed several aspects of the property including lack of access to CR 21, Shoreland Management requirements, and past decisions of Council on similar property. Planning Director Graser discussed the City Council's position on substandard lots of record. Applicants, Brad King and lina King, 4070 Wagon Bridge Circle, addressed the Council with regard to their request. Wayne Dyson, 4090 Wagon Bridge Circle, representing the Grainwood Circle Townhomes Association, spoke in opposition to the granting of a variance. Ted Martini, owner of the two properties at 15840 and 15850 Eagle Creek Avenue NE, spoke in support of staff recommendations and urged Council to consider a master plan for the whole Grainwood peninsula. Diane Sentrez, president of Prior Lake Marina and owner of lots 11, 14, 15 and 18 spoke in opposition to the lot split. Acting Mayor Scott asked if there were anymore comments. There being none, the public hearing was closed to further public input. Council discussion occurred with regard to staff's recommendations and the King's comments. MOTION BY ANDREN, SECONDED BY GREENFIELD TO DENY THE ADMINISTRATIVE LAND DIVISION AND VARIANCE APPLICATION OF BRAD AND TINA KING BASED ON STAFF'S THREE POINTS OF RECOMMENDATION AS FOLLOWS: 1. The variances and lot split do not observe the spirit and intent of the Subdivision and Zoning Ordinances and are inconsistent with precedent. The proposed tracts contain insufficient area and -2- prior Lake City Council Minutes February 7, 1994 width for newly subdivided lots within the Shoreland Management District. The Council has waived the minimum standards of the Zoning Code only In circumstances which Improve and further shoreland management obJectives. This application does not further those objectives and Is therefore Inconsistent with Council polley and directions. 2. The applicant has reasonable use of the site In a similar fashion as other lots within the neighborhood. There are no unique features with respect to the property which create a hardship for development. 3. The proposed split is In conflict with the purpose and Intent of the Shoreland Regulations and would further perpetuate access problems. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. MOTION BY ANDREN, SECOND BY GREENFIELD, TO CLOSE THE PUBLIC HEARING Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. 7. OLD BUSINESS A. Consider Resolution 94-09 Denying the Preliminary Plat of Red Oaks Second Addition. City Manager Boyles reiterated the contingencies to the motion as approved by the Council on December 20. Mr. Boyles stated that he was in receipt of a letter from the applicant's attorney, Bryce Huemoeller, requesting the item be extended to March 7 with the rationale that he and Mr. Benedict would be meeting with the DNR to further discuss their decision on February 8. Mr. Boyles indicated that the staff report contains a letter from Pat Lynch dated February 2, 1994 in which he reiterates his December 14, 1993 finding that the water body is lakebed. In light of this fact, condition 3 of the December 20 motion fails and the remaining contingencies are moot. Mr. Huemoeller then addressed the Council to explain his request for an extension. Discussion occurred regarding the failure to meet contingencies set forth by Council on December 20, 1993. Councilmember Greenfield expressed concern over the second condition of the motion which had been proposed at the December 20 meeting which places the preliminary plat subject to the applicant's submitting proper variance "requests" and stated that he -3- DATE: INTRODUCTION: 6A GINA MITCR'RT.T ., ASSOCIATE CITY PLANNER TO CONSIDER AN ADMINISTRATIVE LAND DMSION AND VARIANCE APPLICATION FOR BRAD AND TINA KING FEBRUARY 7, 1994 The Planning Department has received an Administrative Land Division and Variance application from Brad and TIna King of 5500 Cedarwood Street NE, Prior Lake. The applicants propose to resubdivide Lot 12, and the north 40' of Lot 13, together with all the vacated portion of Beach Drive lying adjacent to the described lots, Block 7 Grainwood, to create two tracts as per attached survey and complete legal description. The applications have been filed pursuant to Section 6-1-3: Administrative Land Division process, outlined in the Prior Lake Subdivision Ordinance 87-10. A Variance application has been filed with the Administrative Land Division, requesting six variances for lot width and area for each proposed Tract. The specific variances for Tracts A and B are: TRACT A: . 5' lakeshore lot width variance (measured at the 904' contour of Prior Lake) from the 75' lakeshore lot width requirement. . 20' lakeshore lot width variance (measured at the front setback line) from the 90' lakeshore lot width requirement. . 1,790 square foot lakeshore lot area variance from the 15,000 square foot lakeshore lot area requirement. TRACT B: · 5' lakeshore lot width variance (measured at the 904' contour of Prior Lake) from the 75' lakeshore lot width requirement. . 20' lakeshore lot width variance (measured at the front setback line) from the 90' lakeshore lot width requirement. . 1,903 square foot lakeshore lot area variance from the 15,000 square foot lakeshore lot area requirement. The subject site is 140' wide and approximately 188' deep with an existing cabin on it. It is located on the Grainwood peninsula which was platted in 1885. The original plat dedicated Beach Street to the public. It was located. adjacent to the lakeshore. This unimproved road was 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BACKGROUND: vacated by the City in 1978, and the land that the road was contiguous to became part of the adjacent lots. The subject site , gained approximately 6,300 square feet through the vacation of Beach Street. Almost all of the lots in this subdivision have private driveway access to County Road 21. The access that is provided to this site is a gravel drive by means of an easement over Lot 11, Block 7 Grainwood, to Wagon Bridge Circle. The Subdivision Ordinance requires all new lots to front on a public road. A private road may be permitted if approved by the Councilor if it is within a Planned Unit Development. However, staff suggests that the Council consider upgrading Grainwood Trail from a private road to a public road which would extend over the existing easement located in the front yard of the lakeshore lots. This would organize and comme vehicular access of this peninsula to one or two intersections. The Grainwood peninsula is zoned R-2, Suburban Residential. The lots adjacent to the lake are of varying size and use. To the south of the applicant's property are Grainwood West 'Ibwnhomes and the Prior Lake Marina. There are also townhome units on the north end of this peninsula which are adjacent to three fairly large, new single family homes. The remaining development along the lakeshore between the applicant's cabin and the newer homes are three small cabins. Please see attached maps for specific locations. DISCUSSION: The topography of the peninsula is relatively flat. The area where Beach Street was is approximately 8.5' lower than the remaining portion of the Grainwood plat, and does not represent a development constraint to this parcel. There are also a variety of mature trees surrounding the applicant's site. Staft' has reviewed this application and submitted the proposal to the DNR, utility companies, and neighbors within one hundred feet of the subject site. Staff has received objections from the DNR and some of the adjacent property owners. The DNR has reviewed the proposal, and strongly objects to the creation of lots that do not conform to required size and width standards. Shoreland rules encourage, and at times require combination of substandard lots in common ownership. The DNR states that this proposal is entirely contrary to good shoreland management, and the City's standards and policies. The Engineering Department has reviewed the proposal and has indicated several inadequacies. The gravel driveway which provides access to the existing parcel does not have access to a public road, and no documentation has been provided to identify the exact location or the width of the easement. Access for Parcel B has not been indicated in the proposal. Should the Council wish to approve the application, sufficient documentation will need to be provided, acceptable to the City Attorney, and minimum standards should be developed for the private road, acceptable to the City Engineer. Water and sewer stubs are serving the existing cabin, however there are no stubs serving proposed Parcel B, and they will have to be installed by tapping the mains in the utility easement which runs across the front 30' of the site. All expenses associated with this installation will be the . responsibility of the property owner. and will be collected on the building permit application. Traffic on County Road 21 is projected to be 25,000 cars a day by the year 2010. This is comparable to 1.75 times the amount of traffic that exists today on County Road 83 by Mystic Lake Casino. An internal public road should be constructed to eliminate direct access. however no neighborhood support exists today for that. In the event that the existing utility easement located in the front yard of the site is dedicafed as public right-of-way. a 25' front yard setback should be required now on both parcels. measured from the west line of the 30' utility easement. A grading and drainage plan must also be submitted that will adequately convey storm water to Prior Lake through easements. A drainage and utility easement must be dedicated adjacent to the side lot lines of this plat. Please see attached memos from Larry Anderson and Verlyn Raaen for supporting analysis. Ralph Teschner. Finance Director has reviewed the proposal. and stated that the development fees of $512.30 for Collector Street Fees be collected as a condition of approval of the Administrative Land Division. Bill Mangan, Director of Parks has stated that there is no Park Dedication required since it is a previously platted lot. Please see attached memos for supporting analysis. Three letters have been received from adjacent property owners objecting the proposal. Issues of objection include: increasing the density, decreasing the value of the development in the area because of the necessity of smaller homes. and maintaining continuity of lot area. According to Eagle Creek Properties, Inc., Wagon Bridge Marina & Service Inc.. the permanent easement and right to drive over and across the north portion of Lot 11. Block 7 Grainwood is still to be determined. They state if they choose to grant a permanent easement, it will be for one parcel only and will not be transferable to the additional parcel, lot, or other owners or assigns. They also address the issue of lack of access for the subject site to a public road without going through existing easements already in place for Wagon Bridge 1bwnhomes and Eagle Creek Marina. Maintenance on these easements are shared jointly by the marina and townhomes. and not by the owners of the subject site. Please refer to attached letters. The Council has approved Administrative Land Divisions with Variances where the opportunity exists to eliminate or increase the size of legal non-conforming lots, decrease the overall density of the area. and bring the newly created lots closer to conformity with the Zoning Ordinance. This is the rationale that the Council used in approving the Administrative Land Divisions and Variances for: Jeanne Robbins and Eric Davis on Shore Trail. Elmer Clark on Park Avenue, Harold Gustafson on Breezy Point Road, and Ken Lillyblad on Lakeside Avenue. This application is inconsistent with these objectives for several reasons. The overall density of the area will be increased rather than decreased; the existing parcel does conform with the Zoning Ordinance, while the proposal requires several variances; and the proposed split is in conflict with the purpose and long range intent of the Shoreland Regulations. COMPREHENSIVE PLAN IMPACT: The Comprehensive Plan indicates medium density residential land use for this area. Therefore, the application has no impact with respect to the plan and is consistent with the Land Use Plan. ALTERNATIVES: 1. 2. 3. Approve the Administrative Land Division and variances as requested Table the item for further discussion. Deny the application for specific reasons. RECOMMENDATION: The recommendation from staff is to deny the Administrative Land Division and Variances for the following reasons: 1. The variances and lot split do not observe the spirit and intent of the Subdivision and Zoning Ordinances and are inconsistent with precedent. The proposed tracts contain insufficient area and width for newly subdivided lots within the Shoreland Management District. The Council has waived the minimum standards of the Zoning Code only in circumstances which improve and further shoreland management objectives. This application does not further those objectives and is therefore inconsistant with Council policy and directions. 2. The applicant has reasonable use of the site in a similar fashion as other lots within the neighborhood. There are no unique features with respect to the property which create a hardship for development. 3. The proposed split is in conflict with the purpose and intent of the Shoreland Regulations and would further perpetuate access problems. If it is the intent of the Council to approve the application, staff recommends that the approval be subject to the following conditions: 1. The existing easement be documented and the driveway be built to minimum standards acceptable to the City Engineering Department and City Attorney. 2. Access be provided for Parcel B, acceptable to the City Attorney. ACTION REQUIRED: 3. The applicant be required to have a front yard setback of 55' to accommodate a possible future road across the existing easement. This 55' setback would give the future home a minimum of a 25' setback from the road. 4. A drainage plan be submitted for each parcel that adequately conveys storm water drainage to Prior Lake, acceptable to the City Engineer, prior to the issuance of a building permit. 5. 5' side yard drainage and utility easements be given to the City for each parcel, according to Section 6-6-5:A of the Subdivision Ordinance, acceptable to the City Engineer. 6. Collector Street Fee of $512.30 must be paid prior to the issuance of a building permit, according to the 1994 Assessment Policy. 7. The Administrative Land Division has to be recorded with Scott County by April 7, 1994, according to Section 6-3-4:G of the Subdivision Ordinance, or the Administrative Land Division and Variance will become null and void. The action required depends on the outcome of the Council's discussion. If it is the intent of the Council to approve the Administrative Land Division and Variances for Parcels A and B, a separate motion for each approval is requested. To: City of Prior Lake Planning Commission and City Council Members From: Bradley and Kristine King Re: Request for variance/Administrative lot split Date: December 29 J 1993 Please accept the enclosed application as our request for variance to divide the parcel of land located at 4070 Wagon Bridge Circle into two seperate buildable lots, Currently, the parcel of land is 140 feet in width with an old cabin located in the center of it. We wish to remove the structure and divide the land into two 70 foot lots for single family home development. Administrative lot splits resulting in similar sized tracts of land have been previously approved (Hedberg 5/88, Dunn 6/91, Gustafson 1/92, Clark 5/89), In addition, the proposed split would result in two lots similar in size to neighboring propert i es. This section of Grainwood is one of very few areas within the Shoreline District to be zoned R2. As such, there are seven townshomes built on the adjacent lot and several more in the neighborhood, Although we realize that it would be well within the zoning ordinances to build a twinhome or several townhomes on our parcel of land, we are interested in developing the land into two single family homes, one of which would be our own, We believe that the addition of two upper income single family homes would be more beneflcial to the neighboring land owners and the Shorel ine District than the addition of more multiple family housing in this area. We appreciate your time and consideration of this matter. Very sincerely, 1fd4/~17 Brad and Kristine King Applicant: Bradley and Kristine King Address: 4070 Wagon Bridge Circle Prior lake, MN 55372 legal: lot Twelve ( 12); and the north forty (40) feet of lot Thirteen ( 13), Block 7, Grainwood, together with all the vacated part of Beach Drive lying adjacent to lot 12 and the the North forty (40) feet of lot 13 and lying between the southwesterly extensions of the northwesterly and southeasterly lines of the above described property, all in Block Seven (7), Grainwood land Area: 28,695 square feet Zoning: R2/Shoreline District Proposal: Split parcell into two tracts Tract A: 70 ft lot width I 4,905 sq. feet area Tract B: 70 ft lot width 13, 790 sq. feet area Required: 15,000 sq. feet 90' lot width 75' at OHW Variances: Tract A: 95 sq, foot lot area (.6~) 5' at OHW (6.7%) 20' front setback (22~) Tract B: 1210 sq. foot lot area (8~) 5' at OHW (6.7") 20' front setback (22") \ -. -... .~ AP PIDI '2.S032.0Z2..0 ADUNISTRATIVE LAM) DIVISION APPLICM'ION FO~ " ..,,' Property Ormer: Address : Awlicant: Address: tZ. Name of SlIVeyor: ~eLHA"E LANb SUa.v~ING Poone: ~~~,Jt~ 5Zf)-ezsl Bas the AHilicant previously sought to plat, rezone, dXain a variance or conditional use peenit on the subject site or arr:l part of it: No V Yes What was requested: When: SBfiSSION REOJIREMEN1'S: A. CaIlUeted awlication foen and Property Identification tlIIber (pm>. B. CaII>lete Legal description of existing and proposed parcels. ......C. PUing fee. ~ D. SlIVey prepared by a registered land sUIVeyor. E. 15 copies of the application, survey and supporting data arx1 1 set redJced to 11- X 17.. F. Total square footage and or acreage of existing and proposed parcels. G. Names and addresses of owners woo own property contiguous to the s\i)ject site. (H,Y CXMPLmB APPLICATIONS SWL BE Au.;tai,L'w FOR m.vIDf. To the best of If{ knowledge the infotmation presented on this fom is correct. In . addition, I have read Section 6-1-3 of the Prior Lake Slbdivision OnU.nance which specifies the requiranents and procedures for Mninistrative Plats. I . agree to prod&! ~omation and follow the procedures an outlined. ~~ .. -~ . Signature 1'//-I1tf Date Fee Owners Signature Date 'DUB ss::TION '10 BE PILLm IN BY 'l'BE PIJ\NNI}G DIRC'OR DISllOSI'fiON CR APPLICA'l'ION: ----ppIOlFD DENIm a'1'f a::maL (APPEAL) APPR:mD DENIm IWrE IWrE CR BFARItG (XH)ITIONS: Date Signature of the Planning Director CITY OF PRIOR LAKE APPLICATION roR VARIA:tCE Awlicant: ~f2.Af:>LE.'{ ~b KAI.5T1I\1E KINe) Address: 4O=f-O VA60N ~oae. GI ~!~ E. Property <Mner: PAAoLE-'(,N.Jt> ~S.T'"INE. KING, Address: ~ W4-tioN6,uDGE... CL~rLl Type of CMnership: Fee Contract X Consultant/Contractor: ~~ PIDt ZS 2. Bane ~oone: 44S-Z';bl Work Phone: 5u:> -l?;;~' Bane Phone:~S- 2.: ) Work Pb:>ne: 52.0 -BZSI Purchase Agreement Phone: Existing Use of Property: 'E:UMM€l2- \1oME.. Present Zoning:--1tZ Legal Description of Variance ~ite: LOT 12.4 NO. 4<11 oP UJI 13, ~~ "=l- f aJeA.lNkJO~ Variance Requested: Has the awlicant previously sought to plat, rezone, obtain a variance or conditional use pemit on the subject site or any part of it? Yes """" It> What was requested: When: Disposition: Describe the type of improvements proposed: SJBMISSION RaXlIREMEN1'S: ~. (A)Canpleted awlication form. CB)Filing fee. CC)Property Slrvey indicating the .,- prO);X)Sed developnent in relation to property lines and/or ordinary-high-water mark; proposed building elevations and drainage plan. CD)Certified fran abstract fim, names and addresses of property owners within 100 feet of the exterior botmdaries of the subject property. CE)Canplete legal description & Property Identification R1mber (PID). CF)Deed restrictions or private covenants, if applicable. CG)A parcel map at 1--20'-50' showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICMIONS SIALL BE ACCEPrED AND REVIDID:> BY 'mE PLANNI~ cmMISSION. To the best of my knowledge the infocnation presented on this fom is correct. In addition, I have read Section 7.6 of the Prior Lake zoning Ordinance which specifies requirenents for variance procedures. I agree to pr ide information and follow the procedures as outlined in the Ordinance. . Sltmitted this tI day of ~1 19ff Fee <Moers Signature THIS SPACE IS '10 BE FILLED 0tJlI BY THE PLANNIro DIRECl'OR l?LANNDI; OHUSSION CITY cxmc:L APPFAL APPROlED APPKmD DENIED DENIm Dt\TE OF BFARIN; DM'E OF HEARIN; <DR>ITIONS: Signature of the Planning Director Date , I \ . . \ . ~~-l . - } .,:.. ~ KING ADMINISTRATIVE LAND DIVISION AND VARIANCE SUBJECT SITE N / CQ ~ o9q +Q A r'~~1 . ...../ " ~:... /._ 'i ..A:;."T."'.n-~~- 1\ \ '"",,-- ~ -'-_---=;:..~. \ 1 ~ ~/' ...__..\6 .~ /:.~i'// .-- - '\ ~/ . / I' ~ ,,/. : : ~ //\ ~::::.... om """" \ wQ,_~_ - ~....; PROM nm to' RI!QUIRl!Mt LoC or-h. CUll .... ebe ....c.. Cony C.OI C_c oC looC ,,.In_ . 113/. .1_ 1. aA%_. .....CIIo.. "1e11 .U ClIo ...... - ......c ""filLS A & I) D..l". lIL., ..,_, .. Lo' 13 ... ... ....ell Cony I." c_ "'r', - -- UI08' oC Lo' ,.... 1IL.. ..,_ ,... _..........lr ..,-~ .c C... ..n_..... r ... _ebeuc.dr LiMa .C &110 -. ....1'1... .......ny. .u 10 '1_" _ 111. P"'-, .....cdl.. co ClIo .._.._ .1ac ........C .. CU. ... oC ........ 1. _ .CCl_ oC .... Couny _....... 10 ... Co.. _u CouIIcy. lI~ca. Tot.,..... "le" . ......_c .._c ... ..L,... .. ...1". - .... ....... .... ....... ponl.. .C LoC U. '1_" __ 111. lIIIAI_. 1 lC'Oft ..._c ...... ... .... 1.... __c r_ ulnl.. .poe .1...cL_ ...-- .1...'1.. our ~ . K,,\.I !5iO _ o to . De__.. o __ <1H., -... (-..J -- -. ".. ..... .r &110 ....0018 &0 _ ...... .... .... .. C.U_. ......1 II . 14.105 _... roo' ..... 0.. ......1 . . 13.'" _... roo. -... ... I.AXIISHCIlIl LOr AItI!A PROM THa IS_ SQ. PT. MIlCBL A '.'" II). MIlCBL I ',10' II). " PAllCaL II 711. ....... 70.00 Coo, .r Loc U. .L.... 1. aA%_. _1.. co _ .._..... .1ac _.._C. .......... ,,1e11 .U "'" ....c.. _ D..l_ 'yl09 ..,...... co Loc 13 ... ll'L.. -- "'" _'_&01'11' .n_l.. oC .... ......._cod' ... __codl' U_ .C ClIO .....1. _1'" .......ny. PRIOR .llIICA . "... ..... .r looC U. '1_" 1. ..,,~-, _"'1.. .. - ..- ,... _....C. 11'"",, _ell .C .... ....ell 18.'0 C_ ......- ... ..... po... of .... U. ...... 1. .111"'-' II""" _..ia of - _u to... c_ _....c. ....,..... wle11" - .._&eO 10- 01'1_ lrUt ..,_, .. LoU 12 ... 13 ... 11'1" -- - _"'_&01'11' ..._100 of .... __codl' ... __codl' lU. of _ .....10 _lbod pcopo.." _. @ ....---- ---- ------ .......---- ..-, r JlQEUA VE LAtID suav!'IINQ, INC. ---.... -'*'-- - ... I ......, eonU" _ CIdo _. .Ia .. _ _~.,,_..-...u.e~ .. _ I _ . 0.1" IloOSo&onO 1.000 ___ _.....c.._.c_. - __IftU7lft PIoH ..._.... f... , _ IlIlO 711lll illIG IDCIIN.. .... .f ..,....., 1oeoCOd _c _ _""I' u_ of _ ......1. _~ .-ny. a1~.&1oIl tl1.t. f_ ....Y... NOTICE OF VARIANCE & ADMINISTRATIVE LAND DIVISION You are hereby notified that a hearing will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: Mond~ Febru~ 7, 1994 at 7:45 P.M. The Prior Lake Planning Department has received an application from Bradley and Kristine King of 5500 Cedarwood Street NE, Prior Lake, to consider an Administrative Land Division and Variance from the Zoning Ordinance for a property located at 4070 Wagon Bridge Circle, within the existing plat of Grainwood. The proposal is to subdivide Lot 12 and the north 40 feet of Lot 13, Block 7, Grainwood, in order to create two lots. Please see the attached survey reduction for complete legal description and dimensions. Section 6-1-3 of the Prior Lake Subdivision Ordinance allows property to be subdivided under the following circumstances: 1. The division of the property will not result in more than three parcels. 2. The property to be subdivided is a lot of record in the office of the County Recorder of Scott County. 3. The resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. 4. The division will not cause any structure to be in violation of setbacks. 5. Any easements which may be required by the City must be granted. 6. The owners of land contiguous to the parcel must be notified in writing, and no written objection received within ten days followinr notification. The proposed subdivision will require six variances. Therefore, the City Council will consider the application on February 7, 1994 , at 7:45 P.M. The specific variances that are being requested with the Administrative Land Division are: PARCEL A: 1. A 5' lakeshore lot width variance (measured at the 904' contour of Prior Lake) from the 75' lakeshore lot width requirement. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNI1Y EMPLOYER 2. A 20' lakeshore lot width variance (measured at the front setback line) from the 90' lakeshore lot width requirement. A 1,790 square foot lake shore lot area variance from the 15,000 square foot lakeshore lot area requirement. 3. PARCEL B: 1. 2. A 5' lakeshore lot width variance (measured at the 904' contour of Prior Lake) from the 75' lakeshore lot width requirement. A 20' lakeshore lot width variance (measured at the front setback line) from the 90' lakeshore lot width requirement. A 1,903 square foot lakeshore lot area variance from the 15,000 square foot lakeshore lot area requirement. 3. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the City Council. Written comments should be submitted to the Planning Department by January 26, 1994. For more information, contact Gina Mitchell at the Prior Lake Planning Department at 447-4230, extension 213. Prior Lake City Council DATE MAILED: January 13,1994 '7(,/ ~A/A //I /TC/('~CC I have reviewed the attached proposed request in the following areas: GPADlOO SIGNS CXXJNrY R)N) ACCESS LEX;M, ISSUES SEPrIC SYSTEM ASSESS-1ENTS Ol'HER WATER 5B'lER ZQNIN:; pAH(S ELEaRIC GAS BU> CODE ~CITY CXDE ENVIR>>1ENl' FLCXD PLAIN };I< N\TURAL FF.ATORES - TRANSEORrATION =::Z=sroR-tWATER --::::Z=EOOSION ro~KL I reconmend: APPJ!Oll>L XDENIAL roNDITIONM, APPKNAL <n1MEN1'S: ~lt: ,l~/Jd,d- ~ ~/f1u,,~ -h /k ~~ , ~ f ~ <r-jr~~ ~,."". It! C-.ni;:U, ~ V....,.a.rrcl.} ff, Lily ~ P'V~ ~ ,hAY'"/rIw:r ""t",,__1h...C',A · tzWl~ is s;.'-';d~ J<" wi ~n/.ftb ~ 6e ~,~~ I -fl.. ~Aft!.. w:/I o/ju:r ~'1 SMv..J1 -,f, ~ cu...~ 1 1,/5 fL.;- ~ J ~~~ h r~L//~ -:s/~ ~ w/cI,K s-k..At~ · 1k ~sf."tl 1r-'1<;4",t/ ~ ~Anu..L ~ ~ ~/~ II( "S'~4~ ~~ -Ie. w ~ f1'~~ f SA-4 ~r ~t~ s'".....LJi ~ 4turvo,"(> _11 d -(,""< r.LJu,~ ~t;""h; ( s"/'<f..,,.-/o.../ ~ in ~......,.,., o"'.....sl1'. _/k,s. -"Yo~~ is ~~ &-,,:z- ~ -ILI;. c; 1.5. ~ ~~" f)EI'JY, p~ e.. ~7Z.-'1c;tLO TITLE: hre(A ~\'-f~~ DATE: ~71?V BY Drd'E: J'"AN. 21:" IqtJ 4 , SIGNM.llRE: ~ REl'UBN'lU: trlNA M \TGHGW A'#JUA-rt PlANN6~ I have reviewed the attached proposed request in the following areas: V jtlATER CITY ODE V GRADlOO ~ EA5emE.NT~ V BOOR 00IR)RttENr SIGNS ZQNIN; FLCXD PLAIN <X>UNl'Y KlN) ACCESS PAR<S NI\TURAL FE'A'IURES LEX;M, ISSJES EL~RIC TRANSJ:ORI'ATION SEPl'IC SYSTEM GAS -V::sroR-t WATER ASSESSttEm'S BID roDE ~EK>SION (x)~KL OlBER I recomnend: APPRJVAL DENIAL V OONDITIONAL APPRJVAL CXJOO:Nl'S.~ A ~I JM-1Plt, EHCJSi? ~~l/'A' AlJtJ.W- J.tih-.~ ~J~ MPfW\J~~MM~~.bPJ1A~~rb~:l9.LU~~~1 ~:~~ f~hfM~jtrJ\ itJ~1lJM /1rMIit- . (/\l-~ if-IVI. ~AIAA~a~J\.Cll~.~ ~ SI~' V~6JM m:rom'ro: &; M \ TW"'€-Ll.- #hO(;A-r( MNNe~ Tl'l'LE'~ mm.lps/14 BY MTE: a-AN. 21,1 Iqq~ , 1!),t7/q1 tt010 Wap.-lJ.t/fJ~ ~ A~ ~~~W~ D~'f{~-rr ~ . ~~~U~-r.o.w.JA~ '^~ ~~~~ ~) ~k, . lO\..~~~~~U ~ 1k. '0' . ~ . ~~~~r\~rJlf1rr~ ~ ~~ 1b~vtIIIAvu ~~-;;'IP < &J-~.~ wJ1nA-k-. lAM.. ~ ~~k~ J6~~/;A · ^~~~ 1n~~~~~4z>tit~~~J ~IL~~ 1131J~A4h ~tL~rh~~. [~-~~~~ ~-i2~~~ ~ .~~~~~~ ~~~~~~~wi~1k ~ ~ a...&.. ~~ a.c.<Hb ~~ ~1,.J~~i4~J~. Yl()~~~JJ. 5,J& ~~~J~~~-- ~ ~ iboMi<h M-tw "6 & pW-; ~G\\ Qfh ~\\\i Of "t\\OR l "~ '\(}.\. '- - i 5 J.;);/" ~> ~\JC; FREDRIKSON & BYRON\\~'~ c t t , , \\ , ->J. l1ia Attorneys At Law 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402-3397 (612) 347-7000 FAX (612) 347-7077 Direct Dial No. (612) 347-7052 August 9, 1994 City of Prior Lake 4629 Dakota Street SE Prior Lake, MN 55372 Ladies and Gentlemen: Our office, in association with Norbert B. Traxler of O'Neil, Traxler & Zard, Ltd., represents Brad King and Kristine King. Brad and Kristine King are the owners of certain property located in the City of Prior Lake legally described as Lot 12 and the north 40 feet of Lot 13, Block 7, Grainwood (the "King Parcel"). The King Parcel is benefitted by a permanent easement and right to drive over and across the north portion of Lot 11, Block 7, Grainwood. The easement in question was created by a Warranty Deed dated August 10, 1922 which med February 20, 1925 in Book 77 of Deeds, page 582. This Easement afforded access from the King Parcel to Beach Drive which connects with what is now known as County Road 21. In 1978, the City Council vacated the portion of Beach Drive adjacent to Lot 11 and lying between Lot 11 and County Road 21. This entire vacated portion of Beach Drive accrued to Lot 11. A question has arisen as to the effectiveness of the City's action in vacating Beach Drive, as well as to whether, under applicable law, continuing access is afforded the King Parcel despite this vacation. I believe that the applicable Minnesota Statutes and Minnesota case law support the conclusion that the easement over Lot 11 to benefit the King Parcel continues to exist, and the vacation of Beach Drive, in so far as it would deprive the King Parcel of access to County Road 21, is not effective. First of all, Minnesota statutes ~160.09 does not permit vacation of a street providing sole access to a parcel of land until alternative access is available. This statute, and the cases construing this statute provide, among other things, that "when a new road does not provide access to properly whose only means of access was the old road, then and in that event, the portion of the old road providing the access shall remain open for travel and shall be maintained by FREDRIKSON & BYRON, P.A. Attorneys At Law City of Prior Lake August 9, 1994 Page 2 the county or town road authority until other means of access are provided (J/HJ: which it may be vacated as provided by law" (emphasis added). Beach Drive was vacated prior to providing alternate access for the King Parcel. Minnesota law prohibits vacation of a street unless the street is useless for the purpose for which it was laid out; a street cannot be vacated unless public use can no longer be served; the fact that vacation of the street will benefit another person whose property adjoins the street in question, of itself, does not authorize vacation of a street. See. In re Petition of ~, 213 Minn. 344, 6 NW 2d 803. "It has long been recognized in Minnesota that an abutting owner's right to reasonable access to a street or highway is a property right." Bumquist v. Cook, 220 Minn 48, 57, 19 NW 2d 394, 399 (1945). Although the right of access is subject to reasonable regulation in the public interest rsee e.g. Gibson v. Commissioner of Highways, 287 Minn. 495, 500, 178 NW 2d 727, 730 (1970)], the power to regulate does not include the right to take the right of access without just compensation. Johnson v. City of Plymouth, 263 NW 2d 603, 608 (Minn. 1978), State v. Northwest Airlines. Inc., 413 NW 2d 514 (Minn.App. 1987). Until alternative access is provided for the benefit of the King Parcel (or alternatively, unless the King's right of access is condemned by the City), the access existing prior to vacation of Beach Drive remains in place. Although I believe the above referenced statutory authority and case law is dispositive as to the issue of legal access, it would appear that the King Parcel would have access to County Road 21 under another applicable provision of Minnesota law because the King's easement actually extends across their neighbor's property (including the portion of vacated Beach Drive that the City concluded belongs to the King's neighbor). Minnesota law provides that when a conveyance is made by a description of a lot (such as exists in the present case across Lot 11) within a plat (such as the plat of Grainwood) which shows the lot to be bounded by a highway, street, or alley (such as Beach Drive in the present case), the grant extends to the center of the public way, if the grantor owns that far, in the absence of a clear intention to the contrary expressed in the instrument creating the easement. See e.g. Patton on Titles, U43, n.59. If the entire area of the street was owned by the creator of the plat at the time the street was created (as was true in the present case) then a conveyance by description of a lot (e.g. Lot 11) abutting a street (such as Beach Drive in the present case) includes the entire street. See e.g. In re Ap1>lication of Robbins, 34 Minn. 99, 24 NW 356 (1885). The authorities we have reviewed show that the reference in the easement to "Lot 11" would be deemed to include the adjacent portion of Beach Drive. "Under the rule that a grant is to be construed most strongly against the grantor, all FREDRIKSON & BYRON, EA. Attorneys At Law City of Prior Lake August 9, 1994 Page 3 privileges and appurtenances that are obviously incident and necessary to the fair enjoyment of the property granted substantially in the condition in which it is enjoyed by the grantor are included in the grant" 17 Dunnell Minn. Di~est Easements ~3.01(b)(4th ed. 1992) and Romanchuk v. Plotkin, 215 Minn. 156, 9 NW 2d 421 (1943). Therefore, the easement as granted extends across Beach Drive so that even if we ignore the fact that the vacation of Beach Drive was not effective, the King Parcel would still, under applicable law, have legal access to County Road 21. If you have any questions or wish to discuss this letter, please call me.