HomeMy WebLinkAboutVA94-22 Halliday Variance
CITY OF PRIOR LAKE
l, APPLICATION FOR VARIANCE
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Address:~ -:C~~on~ [.J)eAeh 0:r-~JI'
Property CMner: ,,:,,(i:rry <>l- J+~v{el tt i+aJ/,'dcu;
Address:j fDf#(J~9-~n6... 'Bt'ac.h. (1 ~rc...lE...
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Type of CMnership: Fee. Contract
Consultant/Contractor:vv o....r r-e...n a,('o~'l1o..~
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PID# ~Q5 {)CJ 5' 00 ,&; (1
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Home Phone: 4-f7~11,;l
Work Phone:_g~q- of, 4-5
Home Phone:
Work Phone:
Purchase Aqr.ent X
Phone: CO'lLf- L/'r~
Existing Use I J
of Property: ftOrYle..stecl Present Zoning: (<., I 5 f\
Legal Description --r f2 ~ .
of ,:,ariance Site: _ t:f ---'- .n~ ~OYl~ -')~ Ex, I r I tl ". . ,
Vanance Reque~ted: Lo-r .t!::.I?"'~ L-'i t:.'n Nor-l--h $lcJr. 1.5 l:;-ac::::.t--s/C.il'
A'f' kJest SI'de' ,-:J:moex"vIOUS 5/Arkce ?
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes X N:>
What was requested:
When: Disposition:
Describe the type of improvements proposed:
~Cl'ITSSION ~l1IREMENI'S:
(A)Completed application form. (B)Filing fee. (C)Property SUrvey indicating the
proposed developnent in relation to property lin~dlOr ordinary-high-water mark;
proposed building elevations and drainage plan. (D rtified from abstract finn,
names and addresses of property owners within 100 eet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE AC\...u'.n.IlJ AND RE.VIEWED BY THE PLANNI~ a:::MMISSION.
To the best of IT!Y knowledge the infonnation presented on this fonn is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide inforrnat~on and follow the
procedures as outlined in the Ordinance. f\1J^/l~' ~cak .~
soJ- ~ Signature U
Submitted this ~y of ::)ut\(.. 19~ t.. DaJ; ~
F~ers Signature
THIS SPACE IS ro BE FILLED OUT BY THE PI.ANNI~ DIRECI'OR
PLANNI~ <DMMISSION V APPROlED
CITY COUOCIL APPEAL &.I:".ro..rJED
CONDITIONS: Se& A1T1\0t6D
DENIED
DENIED
7- 2J-qLf
Dl\TE OF HEARI~
mTE OF HEARI~
\~'1YJitrMJ; ./+5w~ rtwrv;v
Signature of the Planning ~irector
1-22-q4
Date
VARIANCE CHECK LIST
" VARFM "
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! U CHECK
SCHEDULE HEARING DATE: /'
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SUBJECT SITE:
APPLICANT:
DNR NOTICE IF SHOREIAND:
PREPARE AREA MAP:
APPLICANT NOTICE:
PRO.t'~.KTY OWNERS NOTICE:
NOTICE TO DOUG - ENGINEERING
NOTIFY OTHERS:
Scott countr
Watershed D1strict
COMMISSION AGENDA PACKETS:
/' Staff Memo
~ Application Form
/ Copy of Public Notice
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STAFF ACTIVITIES
MAIL COpy OF APPLICATION AND
REQUIRED CONDITIONS TO APPLICANT:
MAIL COPY OF APPLICATION AND
CONDITIONS TO DNR:
GIVE COPY OF APPLlCAITON AND
CONDITIONS TO BLO. INSPECTOR
ASSIGN FILE NUMBER:
AMEND VARIANCE SUMMARY SHEET:
ADD PE~IT TO PROPERTY MGMT:
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DATE TASK COMPLETED
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Copy of Parcel Info.
Other Applicable Info.
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FILE BY: File t: VAq*-~ Applicant: v<<YV r0JJ.idrlJJ
Legal: lOr S I~-uadunlt f?(U[.Jl Addfess.:,..; I 0Lfnlf rf'c:?rA.c,\d {;11-v r~chl~. ~rJ
FILE ~ r.L.)~({,pt tf\Yvt pQ;rt 0 SLU(,C l~' is) Cty\.~: '(\1~ fe fle~
SHOULD CONTAIN: /I~}r \e-~
_/ Staff Memo /' Applicab:fe Maps and Documents
/ Original Ap~lication ~. Copy of Public Notice
~ Copy of Not1ce to Owners ~ correspondence
- Planning C'.......... Minutes Council Minutes if Applicable
v Other Information
aIJ}-l1vved in 1993 as a multi-use development The development of Outlot P was planned after the fairways
were cV111pleted resulting in the developer having to match grade with the golf course. Homeowners
association documents have been submitted with similar language as in Sterling North. Resolution
94-05PC outlines the issues for discussion and apl-Iluval.
A memo from Bill Mangan, Director of Parks, was included in the packet
Lan)' Anderson. City Engineer, comrrented on engineering issues as outlined in Resolution 94-05PC.
Comments from the Commissioners were on: private or public status of Maple Lane, tree replacement plan,
an additional road access for safety pill-pOseS, architectural design, sidewalk and trail connections, street
lighting plan, utility location, easement access control, curb and grade on Lots 63, 64, 79, and 80, and
maintenance of streets.
Commissioner Kuykendall stated his objection to privately owned right-of-ways. Commissioner Loftus
felt the proposal should be continued as he was not comfortable with the private street concept
MOTION BY ROSElli, SECOND BY VONHOF, TO RECOl\tllvlEND TO TIlE Lll Y COUNOL TIlE
APPROVAL OF RESOLUTION 94-05PC AS AMENDED FOR TIlE PRELIMINARY PLAT AND
VARIANCES FOR STERLING SOUTI-I AT TIlE WILDS.
Vote taken signified ayes by Roseth, Vonhof, and Amold. Nayes by Loftus and Kuykendall. MarrON
CARRIED.
MOTION BY ROSElli, SECOND BY VONHOF, TO APPROVE A 100 Foar AND A 1,520 Foar
CUL-DE-SAC LENGTH VARIANCE FROM TIlE 500 Foar MAXIMUM CUL-DE-SAC LENGTH
REQUIREMENT OF TIlE SUBDMSION ORDINANCE FOR S 1 tKLING SOUTI-I OF TIlE WILDS.
Vote taken signified ayes by Roseth, Vonhof, and Amold Nay by Loftus. Kuykendall abstained.
MOTION CARRIED.
MOTION BY ROSElli, SECOND BYVONHOF, TOCWSE TIlEPUBUC HEARING.
Vote taken signified ayes by Roseth, Vonhof, and Amold. Nayes by Loftus and Kuykendall. MarrON
CARRIED. The Public Healing was closed at 10:36 PM.
ITEJ\1V. JERRY HALLIDAY - VARIANCE
Jen)' Halliday, 16604 Inguadona Beach Circle, stated he is IJ1VIJOSing to remove his existing home and
consOUct a new house. The existing home is in need of repair and witl1 a growing family more room is
essential. He cillTently does not have a garage on the IJ1V1JCny.
Horst Graser, Director of Planning, presented the infonnation as per planning repOlt of July 21, 1994. The
vmiances requested are as follows: (1.) 5 foot front yard variance from the 25 foot front yard setback
requirement. (2) 2 foot south side yard vmiance from the 10 foot side ym'd setback requirement (3) 5 foot
nOlth side ym'd Valiance from the 10 foot side YalU setback requirement (4) 28.5 foot lakeshore variance
from the 75 foot lakeshore setback requirement (5) A 1% iH1J:Nl "ious sUlface variance from the 30%
impervious sUIface maximmn. (6) A 1,200 square foot minimmn lot area variance from the minimmn
7,500 foot lot area requirement for a riparian lot The DNR suggested alternative plans be considered. TI1e
subject site was platted under the jurisdiction of a previous government If all required setbacks were
enforced the site would be unbuildable. The property has been assessed for taxes, Staff recol1llu:'11ds
installation of gutters to control drainage.
PLANNING COMMISSION
July 21. 1994
Page 4
Comrrents from the COuJ11.;ssioners were: future building plans, gutters and all were in support of the
application.
MOTION BY LOFlUS, SECONDBYVONHOF, TO APPROVE THE FOLLOWING VARIANCES FOR
LOT 5, INGUAOONA BEAG!, 16604 INGUAOONABEAaI CIRCLE:
1. 5 FOOT FROm YARD VARIANCE FROM THE 25 FOOT FRom YARD SJ:.ltlACK
REQUIREMENT:
2. 2 FOOT SOUTH SIDE YARD VARIANCE FROM THE 10 FOOT SIDE YARD ScltlACK
REQUIREMENT:
3. 5 FOOT NORTH SIDE YARD VARIANCE FROM THE 10 FOOT SIDE YARD SclJ::sACK
REQUIREMENT:
4. 28.5 FOOT LAKESHORE VARIANCE FROM THE 75 FOOT LAKESHORE SbltlACK
REQUIREMENT:
5. A 1% IMPERVIOUS SURFACE VARIANCE FROM THE 30% ThtJ.J:1:.KYIOUS SURFACE
MAXIMUM
6. A 1,200 SQUARE FOOT MINIMUM Lor AREA VARIANCE FROM THE MlNIMUM 7,500
FOOT Lor AREA REQUIREMENT:
CONIlNGENf UPON THE INSTAllATION OF Gu n bKS, DESIGNING THE ROOF LINE TO
CONTROL DRAINAGE. RATIONAL BEING TIllS IS A SUBSTANDARD Lor OF RECORD,
HARDSHIP IS CAUSED BY THE ZONING ORDINANCE AND Nor THE ACTIONS OF THE
APPLICANT, THE SUBJECT SITE WAS PLAnbU UNDER THE JURISDICTION OF A PREVIOUS
GOVERNING BODY, AND IT WOULD Nor BE Dbl KlMENTAL TO THE HEALlli AND WELFARE
OF THE COMrv1UNITY
Vote taken signified ayes by Loftus, Vonhof, A.1nold, Kuykendall, and Roseth. MOTION CARRIED.
JTEM VI - TlMOTIn' C:QLLINS - V ARI~f:E
Tunothy Collins, 16614 Inguadona Beach Circle, stated he is proposing to remooel and add on to an
existing family home. Construction of the addition will eliminate a water problem in the front of the house.
Horst Graser, Director of Planning, presented the information as per the planning report of July 21, 1994.
The variances requested are as follows: (1) An 11.1 foot lakeshore vmiance from the 75 foot lakeshore
setback requirement (2) 7.4 foot north side yard variance from the 10 foot side yard setback requirement
(3) A 7 foot south side yard vmiance from the 10 foot side yard setback requirement (4) A 4 foot east
front ym"d variance from the 25 foot front ymu setback requirement (5) A 4.4% LU~i vious sUlface
variance from the 30% i111p:-i v'ious sUlface maximtun. (6) A 670 square foot minliTIlun lot m-ea variance
from the 7,500 square foot lot m'ea requirement for a lipmian lot. The 1JiV1JOsal is to add on and utilize the
existing foundation. The lot is a substandar"d lot of record, was platted under a pl'evious govemment and the
proposed development is consistent with this neighborhooo. Staff recommends the installation of gutters to
conn"ol drainage. Comments from the DNR were discussed Because of the uniqueness of the existing
building being built over the adjacent property line at the time of construction, the nOlth side yard variance
is l-easonable, but Staff feels consideration should be given to a smaller south side yard variance.
Jeny Halliday, 16604 Inguadona Beach Cli"cle, stated that Mr. Collins would not be closer to the lake then
what just aWiVv'ed for him and the adjacent lot to the south would always be vacant
Bill Brastad, 16594 Inguadona Beach Circle, stated that Lots 2 and 3 (the adjacent lots to the south) Wel-e
dedicated to the public but is used only by the Inguadona Beach neighLvillood.
CVUJ1Uents from the Commissioners Wel"e on: moving of house, substandard lot, difficult to reu"otit l-'iVpe1ty,
adjacent lot staUlS, roof lines, and precedent has been set
PLANNING COMMISSION
July 21, 1994
Page 5
July 22, 1994
Jerry Halliday
16604 Inguadona Beach Circle
Prior Lake, MN 55372
Dear Mr. Halliday,
The following variances from Zoning Ordinance 83-6 were approved by the Prior Lake Planning
Commission on July 21, 1994, subject to gutters or an appropriate roof line installed to mitigate
the amount of drainage along the north and south sides of the proposed home.
1. 5' east front yard variance from the 25' front yard setback requirement.
2. 2' south side yard variance from the 10' side yard setback requirement.
3. 5' north side yard variance from the 10' side yard setback requirement.
4. 28.5' lakeshore variance from the 75' lakeshore setback requirement.
5. A 1 % impervious surface variance from the 30% maximum impervious surface
requirement.
6, A 1,200 square foot minimum lot area variance from the minimum 7,500 square foot lot
area requirement.
This variance will expire on July 21, 1995. If you have any questions, please feel free to contact
me at 447-4230.
Sincerely,
~iIl.~~ttkU
Gina M. Mitchell
enc.
cc. File
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
'VA22PC"
PLANNING REPORT
PRESENTER:
PUBLIC HEARING
DATE:
#5
CONSIDER VARIANCE APPLICATION FOR JERRY
HALLIDAY
HORST GRASER, DIRECTOR OF PLANNING
_YES ..xNO
JULY 21, 1994
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Planning Department has received a variance application from Jerry Halliday who proposes
to construct a new single family home as per attached survey. The subject site is located at
16604 Inguadona Beach Circle and is legally described as Lot 5, Inguadona Beach. The specific
variances requested are as follows:
1. 5' east front yard variance from the 25' front yard setback requirement. (The proposed
setback is 20')
2. 2' south side yard variance from the 10' side yard setback requirement. (The proposed
setback is 8' from the garage comer to the side property line)
3. 5' north side yard variance from the 10' side yard setback requirement. (The proposed
setback of the home to the north side property line is 5')
4. 28.5' lakeshore variance from the 75' lakeshore setback requirement. (The proposed
setback from the 904 contour to the home is 46.5')
5. A 1% impervious surface variance from the 30% maximum impervious surface
requirement.
6. A 1,200 square foot minimum lot area variance from the minimum 7,500 square foot lot
area requirement.
DISCUSSION:
The lot is currently developed with a cabin built in 1920. The plat of Inguadona Beach was
approved by the Scott County Board of Commissioners in 1924. The neighborhood was annexed
to the City of Prior Lake in January, 1973, Inguadona Beach Circle is a private road that is not
anticipated to be improved to a public street due to its substandard right-of-way, dedication to the
private property owners within the plat and the fact that so much development exists at variance
with Prior Lake zoning standards.
4629 Dakota St. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The applicant proposes to remove a cabin and replace it with a single family home and attached
garage as indicated on the attached survey. The 5' front yard variance is consistent with the
setbacks of the adjacent buildings to the north and south which have 20' and 15' setbacks,
respectively. The lot is substandard in lot area consisting of 6,300 square feet, measured above
the 904 contour, The majority of lots within the Inguadona Beach neighborhood are of similar
size and area. The plat was originally intended for small cabins/resort type of development.
There have been a considerable number of variances granted for new development in this area.
However, a majority of the buildings were constructed prior to annexation and are at variance
with Prior Lake zoning standards.
The structure located south of the subject site was actually built over the common property line
and the applicant was required to give approximately 2' of property at the southeast corner of the
Lot 5, to the other property owner. The majority of the structure is proposed to meet the 10'
south side yard setback with the exception of the southeast corner of the garage which will
encroach 2' within the required side yard setback. The applicant requests a 1 % impervious
surface variance. If all required setbacks are complied with, the resulting building envelope is 24
x 30 feet, about the size of a standard double car garage. If the home were built on a
sub-standard 7,500 square foot lot, the impervious surface coverage would equate to 23%.
However, due to the fact that this lot of record is 6,300 square feet in area, the total proposed
impervious surface is 31 % and therefore a 1 % variance has been requested,
The requested 28.5' lakeshore variance is consistent with other variance requests on shallow lots
within this subdivision. The tendency of the Planning Commission is to grant up to a 25'
lakeshore variance. The applicant has designed the home to incorporate a deck within the
proposed building. envelope. Therefore, no additional variance will be required on the lakeshore
side of the home.
ALTERNATIVES:
1. Approve the varIances as requested or with modifications directed by the Planning
Commission.
2. Continue or table discussion of the application for specific reasons.
3. Deny the variance application in whole or in part based upon finding no hardship.
RECOMMENDATION:
Alternative #1.
The recommendation from staff is to approve the variances as requested subject to the conditions
that the applicant install gutters or or an appropriate roof line be installed to mitigate the amount
of drainage along the north and south sides of the proposed home. The applicant has identified
that he is willing to install gutters as recommended.
* Please note the attached comments from the DNR related to the proposal. It is their
recommendation that the applicant be advised that there will be no further variances granted
toward the lake for expansion of the deck. In addition, they propose that the garage be reduced
to eliminate the need for an impervious surface area variance and that the existing shed be
removed from the lakeshore.
Staff is of the opinion that the 1 % impervious surface coverage variance is minimal and justified
considering the small size of this lot of record. The subject site is quite steep and this lot would
be elligable to construct a 120 sq. ft. water-oriented accessory structure within 10' of the 904
contour. Staff is of the opinion that it is not necessary to remove the shed because the existing
shed is smaller than the 120 sq. ft. water-oriented accessory structure that is permitted.
, Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect
to the property.
The building area once all required setbacks are applied, is not adequate to build a single
family home. Other similar size and shaped lots are developed with single family homes
and/or have been granted variances to permit construction. Literal enforcement of the
Ordinance would result in undue hardship to the property.
2. Such unnecessary hardship results because of circumstances unique to the property.
The property was platted under the jurisdiction of Spring Lake Township which allowed
the subdivision of the lot and subsequent development of the existing cabin. . The legal
non-conforming lot size and area is unique with respect to the subject site.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
The hardship is caused by adoption and application of the Prior Lake Zoning Ordinance
to a property which was platted and developed under the jurisdiction of Spring Lake
Township.
4. The variance observes the spirit and intent of this Ordinance, produces substantial
justice and is not contrary to the public interest.
The requested variances observe the spirit and intent of the Zoning Ordinance and are
consistent with development patterns and other variances granted within the Inguadona
Beach neighborhood. As such, the request is not contrary to the public interest.
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SURVEY PREPARED FOR:
JER-RY'HALLlDAY
16604 INGUADONA BEACH CIRCLE
PRIOR LAKE, MN .55372
Valley Surveying Co., PA.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFF/(lE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447-2570
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l~ot 5. Inguadona Beach on Prior l~ke, Scott County, Minnesota, according to the
plat thereof on file and of record in tho Office of the Register of Deeds in and
for the County of Scott and the State of Minnesota. EXCEPT that part of said l',ot
5. Inguadona Beach described as follows:
Beginning at a point on the southerly line of said l~ot 5, distant 11.6 feet
westerly of the southeast corner of said [~ot 5; thence north parallel to the
east line of adjoining l'.ot II extended north a distance of 2.2 feet; thence
westerly to a point on the southerly line of said l',ot 5, distant 27 feet
westerly of the southeast corner of said l~t 5; thence easterly along the
southerly line of ['_ot 5 to the point of beginning.
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SURVEY PREPARED FOR:
JERRY'HALLIDAY
16604 INGUADONA BEACH CIRCLE
PRIOR LAKE, MN ,55372
PRIOR
LAKE
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2/20/92
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Valley Surveying Co., F? A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFlqE CONDOMINIUM
PRIOR LAI(E, MINNESOTA 55372
TELEPHONE (612) 447 - 2570
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~lNDE5;:T;T:ENT OF NATURAL RESOURCES
METRO WATERS - 1200 Warner Road, st. Paul, MN. 55106
772-7910 FilENO.
July 13, 1994
Mr. Horst Graser
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, Minnesota 55372
RE: VARIANCE REQUEST, 16604 INGUADONA BEACH CIRCLE, LOT 5,
INGUADONA BEACH, PRIOR LAKE, SCOTT COUNTY
Dear Mr. Graser:
I have reviewed the materials which accompanied the notice of
hearing for variance at Lot 5, 16604 Inguadona Beach Circle.
Please incorporate these comments into the hearing record for the
proposed variance.
The Department of Natural Resources is not opposed to the variance
as proposed provided two modifications are made in the proposal.
First, no deck is depicted on the drawing. It should be made clear
to the applicant, and on the variance documents, that no
consideration will be given to the future lakeward extension of the
structure, or a deck or porch. The variance, if granted, should
require the removal of the existing shed near the shoreline.
The second recommended change in the proposal is to reduce the
width of the garage, thereby eliminating the need for an impervious
surface area variance. Bear in mind, the applicant is required to
provide evidence of hardship when pursuing a variance from zoning
standards.
Please send me a copy of the minutes of the variance proceedings
following Planning commission and City Council action on the
matter. I am interested in reviewing Planning Commission and City
Council discussions regarding issues related to the variance
process. Thank you for the opportunity to review and comment.
Please call me at 772-7910, if you have questions.
~erelY
Patrick J. Lyn
Area Hydrologist
AN EQUAL OPPORTUNITY EMPLOYER
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NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Thursday, July 21,1994 at
9:30 p.m.
APPLICANT:
SUBJECT SITE:
REQUEST:
Jerry Halliday
16604 Inguadona Beach Circle
Lot 5, Inguadona Beach
The applicant proposes to remove an existing cabin and construct
a single family home and attached garage as per attached survey
reduction. In order to construct the building as proposed, the
applicant requests the Prior Lake Planning Commission to
approve the following variances from Zoning Ordinance 83-6:
1 .
5' east front yard variance from the 25' front yard setback
requirement. (The proposed setback is 20')
2.
2' south side yard variance from the 10' side yard setback
requirement. (The proposed setback is 8' from the garage corner
to the side property line)
3.
5' north side yard variance from the 10' side yard setback
requirement. (The proposed setback of the home to the north side
property line is 5')
4.
38.5' lakeshore variance from the 75' lakeshore setback
requirement. (The proposed setback from the 904 contour to the
deck is 36.5')
5.
A 1 % impervious surface variance from the 30% maximum
impervious surface requirement.
A 1,200 square foot minimum lot area variance from the minimum
7,500 square foot lot area requirement.
If you are interested in this issue, you should attend the hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to
the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and
4:30 p.m. Monday through Friday.
6.
Prior Lake Planning Commission
Date Mailed: July ii, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6.3
.~
SPECIAL EXCEPTIONS: The following uses may be authorized with such
conditions as are deemed appropriate by the Board of Adjustment.
A.
In the A-1 Agricultural District, living quarters in an accessory garage or in a mobile home
as an accessory use to a single family house to accommodate domestic employees of
the principal building
B.
The accommodations of not more than two (2) non-transient roomers as an accessory
use to a single family house provided that no sign is displayed.
C.
Houses, principal and accessory structures moved into or within the City utilizing criteria
listed in Section 5-6-7.
D.
In R-1 Urban Residential Districts, the renting out of an Accessory Residential Unit shall
be considered a permitted accessory use. (Ord.91-05)
One (1) Water-Oriented Accessory Structure may be allowed per lot on General
Development (GO) lakes that have municipal sewer and water, provided a building permit
is obtained from the City of Prior Lake and the following criteria are met:
1. The lot contains a slope equal to or greater than twenty percent (20%) measured
from the front of the principal structure to the ordinary high water mark (Q-H-W);
and
2. The structure must be one (1) story in height and cannot occupy an area greater
than one hundred twenty (120) square feet and the maximum height of the
structure must not exceed ten feet (10') including the roof; and
3. The structure shall be located in the most visually inconspicuous portion of the
lot, as viewed from the surface of the lake, assuming summer, leaf-on conditions.
The minimum setback requirement must be at least ten (10) feet from the O-H-W
mark and meet the other applicable side yard setbacks. The setbacks shall be
verified by a certificate of survey prepared by a registered surveyor; and
4. The structure must not be designed or used for human habitation and must not
contain water supply or sewage treatment facilities. However, the structure may
contain electrical and mechanical systems; and
5. The structure must be constructed of treated wood and/or block that is
compatible with the principal structure and designed to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation, topography, increased
setbacks or color, assuming summer, leaf-on conditions; and
23
6. If the proposed structure will be located below the regulatory flood plain
elevation, the structure must be built compliant with applicable flood proofing
requirements of the Building Code and Prior Lake Flood Plain Ordinance: and
7. Trees that are four (4) inches in caliper or larger, should not be removed for the
erection of a water-oriented accessory structure. If removal is necessary,
replacement with like trees must be made with the approval of the Building
Official. Erosion control measures as required by the Building Official must be
implemented and all disturbed vegetation replaced with sod or suitable
landscaping materials. (Ord. 91-07)
24
"VA22PN"
NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Thursday, July 21, 1994 at
9:30 p.m.
APPLICANT:
SUBJECT SITE:
REQUEST:
Jerry Halliday
16604 Inguadona Beach Circle
Lot 5, Inguadona Beach
The applicant proposes to remove an existing cabin and construct
a single family home and attached garage as per attached survey
reduction. In order to construct the building as proposed, the
applicant requests the Prior Lake Planning Commission to
approve the following variances from Zoning Ordinance 83-6:
1.
5' east front yard variance from the 25' front yard setback
requirement. (The proposed setback is 20')
2.
2' south side yard variance from the 10' side yard setback
requirement. (The proposed setback is 8' from the garage corner
to the side property line)
3.
5' north side yard variance from the 10' side yard setback
requirement. (The proposed setback of the home to the north side
property line is 5')
4.
28.5' lakeshore variance from the 75' lakeshore setback
requirement. (The proposed setback from the 904 contour to the
strucutre is 46.5')
5.
A 1 % impervious surface variance from the 30% maximum
impervious surface requirement.
6.
A 1,200 square foot minimum lot area variance from the minimum
7,500 square foot lot area requirement.
If you are interested in this issue, you should attend the hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to
the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and
4:30 p.m. Monday through Friday.
Prior Lake Planning Commission
Date Mailed: July 11, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
'VA22PC'
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
#4
CONSIDER VARIANCE APPLICATION FOR JERRY
HALLIDAY
DEB GARROSS, ASSISTANT CITY PLANNER
_YES -X..NO
JULY 7,1994
INTRODUCTION:
The Planning Department has received a variance application from Jerry Halliday who proposes
to construct a new single family home as per attached survey. The subject site is located at
16604 Inguadona Beach Circle and is legally described as Lot 5, Inguadona Beach. The specific
variances requested are as follows:
1. 5' east front yard variance from the 25' front yard setback requirement. (The proposed
setback is 20')
2. 2' south side yard variance from the 10' side yard setback requirement. (The proposed
setback is 8' from the garage comer to the side property line)
3. 5' north side yard variance from the 10' side yard setback requirement. (The proposed
setback of the home to the north side property line is 5')
4. 23' lakeshore variance from the 75' lakeshore setback requirement. (The proposed
setback from the 904 contour to the home is 52'
5. A 1% impervious surface variance from the 30% maXImum impervious surface
requirement.
6. A 1,200 square foot minimum lot area variance from the minimum 7,500 square foot lot
area requirement.
DISCUSSION:
The lot is currently developed with a cabin built in 1920. The plat of Inguadona Beach was
approved by the Scott County Board of Commissioners in 1924. The neighborhood was annexed
to the City of Prior Lake in January, 1973. Inguadona Beach Circle is a private road that is not
anticipated to be improved to a public street due to its substandard right-of-way, dedication to the
private property owners within the plat and the fact that so much development exists at variance
with Prior Lake zoning standards.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The applicant proposes to remove a cabin and replace it with a single family home and attached
garage as indicated on the attached survey. The 5' front yard variance is consistent with the
setbacks of the adjacent buildings to the north and south which have 20' and 15' setbacks,
respectively. The lot is substandard in lot area consisting of 6,300 square feet, measured above
the 904 contour. The majority of lots within the Inguadona Beach neighborhood are of similar
size and area. The plat was originally intended for small cabins/resort type of development.
There have been a considerable number of variances granted for new development in this area.
However, a majority of the buildings were constructed prior to annexation and are at variance
with Prior Lake zoning standards.
The structure located south of the subject site was actually built over the common property line
and the applicant was required to give approximately 2' of property at the southeast corner of the
Lot 5, to the other property owner. The majority of the structure is proposed to meet the 10'
south side yard setback with the exception of the southeast corner of the garage which will
encroach 2' within the required side yard setback. The applicant requests a 1% impervious
surface variance. If all required setbacks are complied with, the resulting building envelope is 24
x 30 feet, about the size of a standard double car garage. If the home were built on a
sub-standard 7,500 square foot lot, the impervious surface coverage would equate to 23%.
However, due to the fact that this lot of record is 6,300 square feet in area, the total proposed
impervious surface is 31 % and therefore a 1 % variance has been requested. The requested 23'
lakeshore variance is consistent with other variance requests on shallow lots. The tendency of
the Planning Commission is to grant up to a 25' lakeshore variance. The applicant should be
advised that a future deck cannot be built without variance. It may be prudent for the Planning
Commission to request that the applicant address whether or not a future deck is contemplated.
ALTERNATIVES:
1. Approve the vanances as requested or with modifications directed by the Planning
Commission.
2. Continue or table discussion of the application for specific reasons.
3. Deny the variance application in whole or in part based upon finding no hardship.
RECOMMENDATION:
Alternative #1.
The recommendation from staff is to approve the variances as requested subject to the conditions
that the applicant address the potential for a future deck and that gutters or an appropriate roof
line be installed to mitigate the amount of drainage along the north side of the proposed home.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect
to the property.
The building area once all required setbacks are applied, is not adequate to build a single
family home. Other similar size and shaped lots are developed with single family homes
and/or have been granted variances to permit construction. Literal enforcement of the
Ordinance would result in undue hardship to the property.
2. Such unnecessary hardship results because of circumstances unique to the property.
The property was platted under the jurisdiction of Spring Lake Township which allowed
the subdivision of the lot and subsequent development of the existing cabin. The legal
non-conforming lot size and area is unique with respect to the subject site,
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
The hardship is caused by adoption and application of the Prior Lake Zoning Ordinance
to a property which was platted and developed under the jurisdiction of Spring Lake
Township.
4. The variance observes the spirit and intent of this Ordinance, produces substantial
justice and is not contrary to the public interest.
The requested variances observe the spirit and intent of the Zoning Ordinance and are
consistent with development patterns and other variances granted within the Inguadona
Beach neighborhood. As such, the request is not contrary to the public interest.
NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Thursday, June 30, 1994
at 9:00 p.m.
APPLICANT:
SUBJECT SITE:
REQUEST:
1.
Jerry Halliday
16604 Inguadona Beach Circle
Lot 5, Inguadona Beach
The applicant proposes to remove an existing cabin and construct
a single family home and attached garage as per attached survey
reduction. In order to construct the building as proposed, the
applicant requests the Prior Lake Planning Commission to
approve the following variances from Zoning Ordinance 83-6:
5' east front yard variance from the 25' front yard setback
requirement. (The proposed setback is 20')
2' south side yard variance from the 10' side yard setback
requirement. (The proposed setback is 8' from the garage corner
to the side property line)
5' north side yard variance from the 10' side yard setback
requirement. (The proposed setback of the home to the north side
property line is 5')
2.
3.
4.
23' lakeshore variance from the 75' lakeshore setback
requirement. (The proposed setback from the 904 contour to the
home is 52'_
5.
A 1 % impervious surface variance from the 30% maximum
impervious surface requirement.
6.
A 1,200 square foot minimum lot area variance from the minimum
7,500 square foot lot area requirement.
If you are interested in this issue, you should attend the hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to
the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and
4:30 p.m. Monday through Friday.
Prior Lake Planning Commission
Date Mailed: June 30, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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SURVEY PREP4RED FOR.
JERRY'HALLIDAY
16604 INGUAOONA BEACH CIRCLE
PRIOR LAvE, MN 55.372
PRIOR
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2/20/92
Valley Surveying Co., P A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447' - 2570
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SURVEY PREPARED FOR:
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/6604 INGUADONA BEACH CIRCLE
PRIOR LAKE, MN 55.372
Valley Surveying Co., f?A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKL IN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 - 2570
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NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Thursday, June 30, 1994
at 9:00 p.m.
APPLICANT:
SUBJECT SITE:
REQUEST:
Jerry Halliday
1.
16604 Inguadona Beach Circle
Lot 5, Inguadona Beach
The applicant proposes to remove an existing cabin and construct
a single family home and attached garage as per attached survey
reduction. In order to construct the building as proposed, the
applicant requests the Prior Lake Planning Commission to
approve the following variances from Zoning Ordinance 83-6:
5' east front yard variance from the 25' front yard setback
requirement. (The proposed setback is 20')
2' south side yard variance from the 10' side yard setback
requirement. (The proposed setback is 8' from the garage corner
to the side property line)
2,
3.
5' north side yard variance from the 10' side yard setback
requirement. (The proposed setback of the home to the north side
property line is 5')
4.
23' lakeshore variance from the 75' lakeshore setback
requirement. (The proposed setback from the 904 contour to the
home is 52'_
5.
A 1 % impervious surface variance from the 30% maximum
impervious surface requirement.
A 1,200 square foot minimum lot area variance from the minimum
7,500 square foot lot area requirement.
If you are interested in this issue, you should attend the hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to
the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and
4:30 p.m. Monday through Friday.
6.
Prior Lake Planning Commission
Date Mailed: June 30, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
~~
(111/1 J-JffJL If
REGISTE"ED PROPEflTY ASSTR.ACTS
TITLE Ir~S'JRANCE
RECORDING SERVICE
SCO I I COUNTY ABSTRACT AND TITLE, INC.
~23 HOLMES STREET. P.O. BOX 300
SHAKOPEE, MINt\::SOTA 55379
David Moonen and Dale Kutter
Kerry Meagher, General Counsel
TELEPHONE: (612) 445-6246
FAX: (612) 445-0229
June 7, 1994
Angie Halliday
16604 Inguadon~ Beach Circle
Prior Lake, MN 55372
To Whom it may concern:
According to the 1994 tax records in the Scot t County Treasurer IS
office, the fc1lowing persons are listed as the O"~llerS of the property
which lies wit~in 100 feet of the following described property:
Lot 5, Inguadcna Beach, according to the recorded plat thereof on file
and of record in the Office of the County Recorcer in and for Scott
County, Minnescta.
CITY OF PRIOR ~E
CITY ADMINIST~~TOR
4629 DAKOTA ST SE
PRIOR LAKE MK 55372
TIMOTHY R COLL=~S ET AL
16614 INGUADOK~ BEACH CIR
PRIOR LAKE MK 55372
WILLIAM A BRAS~.~ & WIFE
4808 11TH AVE ~O
MPLS MN 5541-
RICHARD I & KA~HERINE BAKER
16585 INGUADON~ BEACH CIRCLE
PRIOR LAKE MN 55372
IYJ~
Davfd E. ~loonen
President
--
CHERYL A GARNB
16595 INGUADON~ BEACH CR S
PRIOR LAKE MN 55372
MARGARET A RAP2AIN
16615 INGUADONA BEACH SW
PRIOR LAKE MN 55372
...........- ~../.'S>....,.p-p;",..~_-~.__.s.>,JQ...~ ,-'_-J~:'
SCOTT COUNTY ABSTRACT
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
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RECEIPT
No 24012
OATE~ ~lf(J-~cf
CITY OF
PRIOR LAKE
4629 DAKOTA STREET S.E.. PRIOR LAKE. MN 55372
the sum of
-
$16~
- -
Receipt Clerk for the City of Prior Lake
SURVEY PREPARED FOR:
JERRY -HALLIDAY
'6604 lNGUADONA BEACH CIRCLE
)RIOR LAKE, MN .55372
Volley Surveying Co., ~ A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFF1Q;E CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447-2570
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l~ot 5, Inguadona Beach on Prior l~ke, Scott County, Minnesota, according to the
plat thereof on file and of record in the Office of the Register of Deeds in and
for the County of Scott and the State of Minnesota. EXCEPT that part of said l~ot
5, Inguadona Beach described as follows:
Beginning at a point on the southerly line of said ~ot 5, distant 11.6 feet
westerly of the southeast corner of said [~ot 5; thence north parallel to the
east line of adjoining Eot l~ extended north a distance of 2.2 feet; thence
westerly to a point on the southerly line of said L~ot 5, distant 27 feet
westerly of the southeast corner of said L~t 5; thence easterly along the
southerly line of ['.ot 5 to the point of beginning.
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I hereby certify that this lUl"Vey woe prepGnd
by me or under my direct supervision and thot
I am a duly licensed Land SlI'Ve)'or under the
l,JGJ' of th/fft!'tj 0', Mlre'Ora.
J~~~Y;,.:,i ALo.A~?...n.4.___'-'---'
vOte ..:z. .~ Ze.t -" 2.. License No. 10183
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monument set and marked by
License No. 10183
. Denotes iron monument found
(t Denotes P K. Nail set
FILE No.
6936
BOOK
185
PAGE
21
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SURVEY PREPARED FOR:
TIMOTHY E. COll I NS
16614 INGUAOONA BEACH
PRIOR LAKE, MN. 55372
Valley Surveying Co., F? A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447-2570
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PRIOR
LAKE
EL. 903.2
41 26/93
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DESCRIPTION:
Lot 4, Inguadona Beach on Prior Lake, Scott County, Minnesota and that part of
Lot 5, of said plat described as follows:
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Beginning at a point on the southerly line of said Lot 5, distant 11.6 feet
westerly of the southeast corner of said Lot 5; thence north parallel to the
east line of adjoining Lot 4, extended north a distance of 2.2 feet; thenae
westerly to a point on the southerly line of said Lot 5, distant 27 feet
westerly of the southeast corner of said Lot 5; thence easterly along the
southerly line of said Lot 5, to the point of beginning.
Also showing all visible improvements and encroachments onto 01" off troln said
property if any.
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NOTES'
Benchmark Elevation: 927.96 walkout elevation of the existing house
on the property.
927.5 Denotes existing grade elevation
)(
Denotes proposed finished grade elevations
Denotes proposed direction ot finished drainage
Net Lot Area = 5,592 square feet
o
J
SCALE
30
L
IN
60
j
FEET
..........
o Oenof.. 1/2 inch x 14 inch Iron
monument set and marked by
license No. 10/83
I.) Denote. iron monument 'ound
:'~ Donotes P K. Nail se'
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FilE No. 1677
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