HomeMy WebLinkAboutVA94-30 Kruse Variance (Oversize Docs)
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PIDt :J s;- / /7 ('to 5S"E)
~'n OF PRIOR LAKE
APPLIO\TION FOR VARIANCE
Applicant: 5 U ? A r J ,J ~ ~ k72 fA S.==-..
Address: I:,OC1b IS'"D~ S7 ~G- YIl.JDR. ~
Property CWner: 5 LA ::!' .4 /"J (.j /~ ~~. k';P / I ;;.~
Address:G 0 Cft;.- /5'0 '"!: ST .::;.=.- PR!.7/'~ J../Jr::""
Type of CWnership: Fee Contract
Consul tantlContractor: Q {if.( RI2..AN ().,
Home Phone: 4-lrl Lr 6 '16
Work Phone:
.Home Phone: '-I '/'/. f/;:' I/o
:WOrk Phone:
Purchase Agreanent
Phone: ,-!]S" J q~,(
Existing Use 'r^ ,
of Property: '5 I fI ~L~ t-rJ('~ 1 L Y
Legal Description
of Variance Site: LOTS 1f9. f} ( Q I;1+-ST1JJt3tJD
Variance Requested: L~T WI OTa. C> 1= 7)" ~ L5(') c:;' \ S'J DEYffR)) C;. FTT~f.lC~ cJN. )
() Kl5 S 1 () E- or; F='p..C.J.\. LOT ( r:;:1t-5I $'\'\)' ()i= ~'A-ITLor ~ 'N BS\ ,)ID6" Dl:. 1Jf\T UlT.
~~/.~ (~
Has the applicant previously sought to plat, rezone, obtain a. vpriance or conditional
use permit on the subject site or any part of it? Yes X N:>
What was requested:
When :
Present Zoning: P l - <; D
DisI=Qsition:
Describe the ~ of improvements proI=Qsed: TI))O UJT~ [V fJ E ).414-0 r
OUT t)~ S LOr(
~CI.'1ISSION .tW..iUIREMENI'S:
(A)Completed application form. (B) Filing fee. (C) Property SUrvey indicating the
prop:>sed developnent in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. (D) Certified fram abstract firm,
names and addresses of property owners within 100 feet 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 P-20 '-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLlaTIONS SHALL BE A<"'L.tjL'l'W AND REVIEWED BY THE PLANNIN; a:MMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agrea.to rOVideinfor.m.ation and. follow the
procedures as outlined in the Ordinance. ..' _____ k--;::, /
_ ~. '. -c.." ~..._~- 7/c 7/
I ~ /J L-Applia:ants Signature
Submitted this (/? day of ( f ~ 19?!../ A.-c:- A __ _ ----t: ~ "7/c / T r
~ ~F~~~ature
THIS SPACE IS 'IO BE FILLED OUT BY THE PLANNIN:; DlREX:TOR
PLANNING <XlMMISSION APPROVED
w:.d COmOL APPEAL / APPROVED
mNDITIONS: ~66 A-TTIT-Of fjJ
DENIED
DENIED
DATE OF HEAroN:;
B-15 ~ tt if lJl.\TE OF HEARIN;
, dJjYJ/frl I ~tc/1J))J f%'JD C~ fJ.arvuJL tJ-1 b ~q 1/
Signature of the Planning Director Date
. APOl9- q t+
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" ADPLAT"
AIMINISI'RATIVE LAND DIVISION
APPLICATION rom
Property CMner: 5Ll2r1 flJ N ~ ~.::.tc.eu S E- Phone: 441 '+696
Address: ~ , ~lfT1~ ST,..s- &- P ru~ LAJa;,lUN
Applicant: c::;AAA'- Phone:
Address:
Name of SJ.rveyor: R-A-'1 GRANDT Phone: 4-'3~ 196b
Has the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or any part of it:
No X Yes What was requested:
When:
SJEMISSION RmUIREMEm'S:
).-p;;:;; Completed a~lication fom and Property Identification ~r (PID).
L-g:' Canplete Legal description of existing and prop:>sed parcels.
C. Filing fee. . .
D. SJ.rvey prepared by a registered land surveyor.
E. 15 copies of the a~lication, survey and supporting data and I set
reduced to II" X 17".
F. Total square footage and or acreage of existing and prop:>sed parcels.
G. Names and addresses of CMners who own property contiguous to the
subject site. .
ONLY CXJ.1PI.m'E APPLICATIONS 9IALL BE Au...u'J:w FOR RE.VllW.
To the best of my knowledge the information presented on this fOIIll is correct.
In addition, I have read Section 6-1-3 of the Prior Lake SUbdivision Ordinance
which specifies the requiranents and procedures for Mninistrative Plats. I
agree to provide information and follCM the procedures an outlined.
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F-ee ~s Signature -
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Date
"7/~ /9Y
Date
'!HIS ;)u..:~'~ON 'ID BE FILLED IN BY .Ln~ PI.ANNIN; DI&A..:.LvR
DISPO;)n'~ON CF APPLIO\TIO~: M.t'l'<U'lED DEN,IED
w:.J:i UJU1~ (APPEAL) v' . Ml:'M.J'JED DENIED ~-15-'11f
CDNDITIONS: S6"6 A -rr A CH GO
DA.TE
DA.TE OF HFARIN:;
()ji,rOJ 1'/). ~-Jt55D C/aJiJ ~
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Signature of the Planning Director
8-lfR-qq
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VARIANCE CHECK LIST
"VARFM"
SUBJECT SITE:
0CX10 ISO-rh~, 06
LiAZ{)f1Jll; UU LJJ
APPLICANT:
SCHEDULE HEARING DATE:
DNR NOTICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANT NOTICE:
PROPERTY OWNERS NOTICE:
NOTICE TO ~t - ~GINEERING
NOTIFY OTHERS: Y
Scott County
Watershed District
COMMISSION AGENDA PACKETS:
Staff Memo
Application Form
Copy of Public Notice
CHECK
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7~2J;-qL1
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MNOOT
Other
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 PERMIT TO PROPERTY MGMT:
/
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FILE BY: File #: VA q~-00 Applicant: SudN1fIN k)fU W
Legal: \A)ti? Ie) II 12 Address:. ~(j{AI/J /6D-rh sr, ':Jy,
, E' I htv"O oct
FILE SHOULD CONTAIN: .~
V Staff Memo
v/ Original Application
1/ Copy of Notice to OWners
~~ Planning Corom. Minutes
./ Other Information
~. Applicable Maps and Documents
1// Copy of Public Notice
(/ Correspondence
~ Council Minutes if Applicable
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K~~ UMtA11ct ~~Lr<
Prior Lake City Council Minutes
August 15, 1994
ANY CONTRIBUTIONS WHICH MAY BE MADE BY OTHER
BENEFITTING PARTIES, INCLUDING TOWNSHIPS, CITY OF
SAVAGE OR ANY GRANTS OR DONATIONS WHICH MAY BE
RECEIVED.
Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and
Scott, the motion carried.
B. Consider Approval of Final Plat of Sterling South at the Wilds and
Resolution 94-54. - Assistant City Planner Garross presented
details of the final plat request for "Sterling South" and stated that
there were some outstanding issues relating to the title opinion,
restrictive covenants (which are to be done within the next day or
two), and other outstanding items were related to getting final plans
and documents to Engineering (to be completed shortly).
Scott Clements, representative of the David Carlson Companies,
addressed the Council regarding a couple of items in the
Resolution and the Developers Agreement which has already been
executed. Page 2: Definition of developer does not include Prior
Lake Development Limited Partnership and should be added into
the document, Page 6: Section 4, last paragraph, refers to City park
trail installation and does not belong in this document as there is no
park trail involved other than the sidewalk already included. Mr.
Clements also requested further consideration be given to
prohibition of parking on either side of each street. Larry Anderson
stated that staff had researched standards for private developments
and they have concluded that construction of private roads are
governed by the same standards as public roads, and that parking
on narrow streets is prohibited by the State Fire Code
MOTION BY KEDROWSKI , SECONDED BY GREENFIELD TO
ADOPT RESOLUTION 94-54 SETTING FORTH CONDITIONS TO
BE MET PRIOR TO RELEASE OF THE FINAL PLAT OF
"STERLING SOUTH" AT THE WILDS AND APPROVING THE
AMENDMENT TO THE DEVELOPERS AGREEMENT ON PAGE
TWO (DEFINITION).
Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and
Scott, the motion carried.
A short recess at 9:05 p.m.
The meeting reconvened at 9:15 p.m.
City Manager Boyles complimented Deb Garross and Bruce Loney
for their hard work on the Sterling South and The Wilds
development.
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Prior Lake City Council Minutes
August 15, 1994
C. Consider Approval of Administrative Plat and Variances for
Suzanne Kruse - Gina Mitchell presented an overhead of the
Certificate of Survey and discussed the proposal to re-subdivide
Lots 10, 11 and 12 Eastwood which are lots of record, each 50'
wide by approximately 390' deep, to create two parcels. The
variances requested were as follows:
Parcel 1: A 14.81 foot lakeshore lot width variance (measured at
front setback line) from the 90 foot lakeshore lot width requirement.
A 5 foot east side yard variance from the 10 foot side yard setback
requirement (for a proposed future building pad).
Ms. Mitchell displayed an overhead of the area and discussed the
topography, tree cover, utility easement designation and objections
received from the DNR and adjacent property owners. The DNR
objected on the basis that the applicant currently has reasonable
use of the property and the creation of lots that do not conform to
required standards is inconsistent with the state's shoreland rules.
City Attorney Kessel reviewed the proposal and has stated that the
application is consistent with the City's previous actions since a
demolition permit application was received by the City. Residents
objected to the 5 foot side yard variance on the grounds that their
view would be obstructed. Ms. Mitchell also discussed the
Engineering Department requirements for a 10 foot setback further
south than the survey shows due to an existing utility easement.
The Finance Department stipulated that the development fee of
$825 for Collector Street Fees be collected as a condition of
approval of the Administrative Land Division. The Parks
Department has stated that there are no park dedication fees
required since the property is a lot of record. The Administrative
Land Division must be recorded by Scott County and water stub fee
to be paid by applicant.
Ernie Larson and Suzanne Kruse - presented an overhead of the
subject site. Mr. Larson gave a brief history of his process to divide
the lots. Tod French - 6082 150th Street - neighbor on west -
expressed opposition to the side yard variance.
Developer Dan Rieland briefly discussed options for placement of
the property, but stated that no footprint has been developed to
date. Council discussion occurred regarding lot size, utility
easement, placement of the proposed homes on the property and
the DNR objections.
MOTION BY GREENFIELD, SECONDED BY SCOTT, TO
APPROVE THE ADMINISTRATIVE LAND DIVISION AS
RECOMMENDED ON THE CONDITION THAT, UPON GRANTING
REQUESTED LOT WIDTH VARIANCES, STRUCTURES,
SETBACK AVERAGING BE USED TO DETERMINE THE
FOOTPRINT LOCATIONS, AND THE FOLLOWING
CONTINGENCIES:
-6-
Prior Lake City Council Minutes
August 15, 1994
1. The existing home and all other structures must be removed
within 60 days (October 15, 1994).
2. Five foot side yard and 10 foot front and year 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.
3. Collector Street Fee of $825 must be paid as a condition of
subdivision approval, according to the 1994 Assessment
Policy.
4. The Administrative Land Division must be recorded with the
Scott County Recorder by October 15, 1994.
5. Approval of the Administrative Land Division does not imply or
grant any future variance for future construction of buildings
on each of the two newly created parcels.
Mayor Andren noted for the record that the setbacks of structures
to be built on parcels 1 and 2 are to be averaged.
Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and
Scott, the motion carried.
MOTION BY SCOTT, SECONDED BY GREENFIELD, TO DENY 5
FOOT EAST SIDE YARD SETBACK ON PARCEL 1 AND THE 5
FOOT WEST SIDE YARD SETBACK ON PARCEL 2.
Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and
Scott, the motion carried.
Consider Approval of Labor Agreement for Calendar Year 1994 and
1995 Between the City of Prior Lake and The American Federation
of State County and Municipal Employees (AFSCME) Representing
Office, Technical and Maintenance Employees - Peter Bergstrom
reviewed the provisions of labor contract as approved by AFSCME
and the City of Prior Lake on August 15, 1994 and ratified by the
employees.
MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO
RATIFY THE TWO YEAR lABOR AGREEMENT BETWEEN THE
CITY OF PRIOR lAKE AND AFSCME.
Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and
Scott, the motion carried.
8. OTHER BUSINESS
Mayor Andren requested that two letters (one from Terry
Caduff and one from Paddy Vedeen) be entered into the
record. Both were letters of objection to the proposed CR 44
project and the negative impact it would have on their
-7-
Prior Lake City Council Minutes
August 15, 1994
properties. Blair Tremere stated that he would forward the
letters to the County Commissioners. Council directed staff to
Invite County Commissioners to the September 6
informational meeting.
City Manager Boyles reviewed the August 12 Update
regarding the interim Planning Director position being filled by
Blair Tremere. Council concurred with the terms as outlined in
the Update.
City Manager Boyles discussed the next Strategic Planning
session and requested Council's input as to a date convenient
to them. Council concurred that Monday, October 10 from
6:00 to 10:00 would be acceptable.
Councilmember Kedrowski requested and the rest of the
Councilmembers concurred that staff should be directed to
consolidate all of their correspondence in with either the
Agenda packet delivery or the weekly Friday update delivery.
This will accomplish two things: (1) It will save on postage
costs and (2) it will assist Councilmembers in consolidating
their reading material.
Councilmembers also requested that when employees are
leaving or new ones have been hired that this information be
put in the Update.
9. ANNOUNCEMENTS/CORRESPONDENCE
10. ADJOURNMENT
The meeting adjourned at 10:35 p.m. for the purpose of conducting a
closed Executive Session to discuss pending litigation.
The Executive Session was called to order at 11 :00 p.m. The Executive
Session was adjourned at 12:30 a.m.
~
The next Council meeting will be Tuesday, September €h/1994 at 7:30
p.m. ':hul . t/l~
111 Mailag r !
.I I
lL-' r1~),
, Recording Secretary
M81594.wRT
-8-
Prior Lake City Council Minutes
September 19,1994
5. PRESENTATIONS:
A. Receive Request to Waive Building Permit Fees for Retrofitting a
Home With Handicapped Accessible Devices. City Manager
Boyles introduced Mr. McCord who summarized the details of his
request.
MOTION BY GREENFIELD, SECONDED BY SCOTT, TO WAIVE
THE BUILDING PERMIT FEE IN THE AMOUNT OF $200 FOR
ARCH AND KATHY McCORD.
Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck.
The motion carried.
B. Review of Summer Recreation Program Summary Report.
Recreation Supervisor, Bret Woodson, reviewed the Summary
Report and discussed the various programs.
Councilmember Greenfield inquired as to whether the department
has explored the possibility of implementing programs for junior
high age groups.
MOTION BY SCOTT, SECONDED BY GREENFIELD TO ACCEPT
THE 1994 SUMMER RECREATION PROGRAM SUMMARY
REPORT AS RECOMMENDED BY THE PARKS ADVISORY
COMMITTEE.
Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott
and Schenck. The motion carried.
6. PUBLIC HEARINGS:
7. OLD BUSINESS
A. Review City Council Directives and Planning Work Program. City
Manager Boyles reviewed the Directives from the City Council from
January 1 thru August 15, 1994. Blair Tremere reviewed the
Planning Department Project Status Report and explained the
rating system. Discussion occurred regarding recent changes to
Advisory Body bylaws and the requirement that Advisory Body
chair persons report periodically to Council on the committee's
progress and, also implementing a work program similar to the
planning work program. Council agreed that the City Manager's
priorities as assigned on the Directives were sufficient and they did
not wish to remove any of the items.
B. Consider Request from Suzanne Kruse, Ernie Larson and
Johnson-Reiland Construction Company. City Manager Boyles
discussed the requirements as directed by Council including the
demolition of current buildings on the site and a Letter of Credit in
-2-
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U{Jt\~ \'LL
MINUTES OF THE CITY COUNCIL
Monday, September 19, 1994
1. CALL TO ORDER - Mayor Andren called the meeting of the Common
Council to order on Monday, September 19, 1994 at 7:30 p.m. in the City
Council Chambers. Present were: Mayor Andren, Councilmembers,
Greenfield, Scott and Schenck, City Manager Boyles, Assistant City
Manager Carlson, Acting Planning Director Tremere, Parks and
Recreation Director Mangan, Public Works Director Anderson, Recreation
Supervisor Woodson, Attorney Kessel and Recording Secretary Birch.
Councilmember Kedrowski was absent.
2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance
and welcomed everyone to the meeting.
3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING -
Councilmember Schenck noted that on page 4 - paragraph 5 - after
the motion that the results of the vote were not indicated.
MOTION BY GREENFIELD, SECONDED BY SCHENCK, TO APPROVE
THE MINUTES AS AMENDED.
Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the
motion carried.
4. CONSENT AGENDA:
a. Consider Approval of Invoices To Be Paid
b. Consider Approval of Animal Warden Report
c. Consider Approval of Building Report
d. Consider Approval of Fire and Rescue Report
e. Consider Approval of Treasurer's Report
f. Consider Approval of RS 94-56 Supporting the City of Prior Lake's
Pay Equity Implementation Report.
Councilmembers took review the amended invoice list before voting.
MOTION BY GREENFIELD, SECONDED BY SCHENCK, TO APPROVE
CONSENT AGENDA ITEMS (a) THRU (1)
Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the
motion carried.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQl:Jt.d. OPPORTUNITY EMPLOYER
Prior Lake City Council Minutes
September 19, 1994
9. OTHER BUSINESS
A. Discuss October Council Meeting Schedule - City Manager Boyles
reviewed the proposed agendas for October 3 and October 17 and
other meetings for the month. Council concurred that the budget
workshop should be delayed until closer to the Truth in Taxation
hearing in December.
B. Discuss Winter Workshop - Councilmembers discussed dates for
the winter workshop and the only date open for January that was
acceptable to all Councilmembers present was January 20, 21.
Councilmember Kedrowski's schedule is not known at this point
and City Manager Boyles was directed to check with him as well.
Council concurred that some of the topics that should be discussed
is review of policies and ordinances that need to be updated.
10. ANNOUNCEMENTS/CORRESPONDENCE
A. Authorize payment of $18,500 from the contingency funds for
payment of a settlement. City Manager Boyles briefly summarized
the request.
MOTION BY GREENFIELD, SECONDED BY SCOTT, TO
AUTHORIZE PAYMENT FOR SETTLEMENT OF $18,500 TO BE
TAKEN FROM CONTINGENCY FUND.
Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck.
The motion carried.
City Manager Boyles reviewed the September 16 Update with
Council. He and Bonnie Carlson would be attending civic
organization meetings again this Fall. Councilmember Scott
proposed that one of the topics for their discussions include offering
an opportunity for volunteers to construct a band shell at Lakefront
Park.
Councilmember Schenck mentioned an inquiry he had received
concerning encroachment by a neighbor upon another neighbor's
use of easement rights to the lake. City Attorney Kessel advised
that it is a civil matter between owners and the City is not involved.
11.
ADJOURNMENT
There being no further business, the meeting ilCllour.(ed at 84 p.m. by
general consent of the Council. The next Council me,etin will be Monday,
October 3,1994 at 7:30 p.m. <,'( I . i 1 j ~/~J~
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City Manager I
I .
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M91994.CC
Recording Secretary
Prior Lake citY Council Minutes
September 19,1994
the amount of $25,000. Discussion occurred regarding the
agreement and the inclusion of safeguards for the City.
Johnson-Reiland has agreed to the October 15 demolition deadline
and to pay up to $500 in attorney costs for completion of the
agreement between the parties.
MOTION BY SCOTT, SECONDED BY GREENFIELD, TO
APPROVE PREPARATION AND EXECUTION OF AN
AGREEMENT AUTHORIZING THE CITY TO AMONG OTHER
THINGS ENTER ONTO THE PROPERTY TO COMPLETE
DEMOLITION AND REQUIRING A LETTER OF CREDIT
BETWEEN THE CITY AND THE PETITIONER IN THE AMOUNT
OF $25,000 TO ASSURE THAT THE BUILDINGS ARE
DEMOLISHED BY OCTOBER 15, 1994.
Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck.
The motion carried.
MOTION BY SCOTT, SECONDED BY GREENFIELD, TO
AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE
THE COMPLETED AGREEMENT. AUTHORIZING THE CITY TO
COMPLETE DEMOLITION IF THE PARTIES FAil TO DO SO IN A
TIMELY FASHION.
Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck.
The motion carried.
8. NEW BUSINESS
A. Consider Approval of Pole Building in R-1 District for Jerome Miller
in Titus Second Addition. Blair Tremere explained details of the
request and commented that the Planning Commission has
granted two variances for this building and that the request is
consistent with the zoning ordinance. Discussion occurred
regarding the present zoning and specific uses within that zoning
district. Further discussion occurred in reference to future
consideration by Council of the whole area with respect to possible
rezoning.
MOTION BY GREENFIELD, SECONDED BY SCOTT, TO
APPROVE THE REQUEST FOR A 3,500 SQUARE FOOT
METAL POLE BUILDING ON OUT LOT A. TITUS SECOND
ADDITION.
Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck.
The motion carried.
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AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
7B
FRANK BOYLES, CITY MANAGER
REQUEST FROM SUZANNE KRUSE, ERNIE LARSON AND
JOHNSON-REILAND CONSTRUCTION COMPANY
SEPTEMBER 19, 1994
The City Council approved an administrative land division for 6096 150th
Street SE on August 15. The land division and lot width variances were
subject to numerous conditions. One of the conditions required that the
existing home and all structures on the parcel be removed within 60 days,
i.e. October 15, 1994. This requirement, while essential, has created
problems in the execution of the proposal. This memorandum proposes a
means by which execution of the lot division can be accomplished while
conforming with the Council's conditions of approval.
We have received telephone calls from representatives of
Johnson-Reiland Construction Company indicating that they are unable to
secure financing for the construction of homes on this parcel until lots of
records exist. The Council's approval required that lots of record could
not exist until the buildings are demolished. Johnson-Reiland need the
money from the bank to complete the purchase of the parcel from Ms.
Kruse and to finance demolition of the buildings.
In lieu of requiring that all contingencies be satisfied before lot division,
we have formulated the following alternative solution:
1. Ms Kruse and Johnson-Reiland be required to submit a
letter of credit payable to the City of Prior Lake in the amount
of $25,000.
2. Johnson-Reiland and Ms. Kruse would be responsible for
paying for and executing an agreement drafted by the City
Attorney which would authorize the City to complete any and
all demolition work in the event that it is not completed in
accordance with the conditions contained within the August
15, 1994 City Council Approval.
The letter of credit is intended to cover all costs, including staff costs
associated with this matter. The agreement would provide us with the
legal authority to enter onto the property to complete demolition so that
the property is ready for the development of two houses in accordance
with the Council's approval.
-1-
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ISSUES:
ALTERNATIVES:
This alternative solution is not without its disadvantages. It involves
considerably more staff time. This may not create a problem at this time
of year during this particular year, but in the future as development
pressure increases, we may simply not be able to be this flexible. I
expect we could be accused of favoritism by some future developer if
similar circumstances present themselves and we are unable to
accommodate them. On the positive side: The Council's approval of this
request would demonstrate a continued interest in seeing that quality
development occurs in a well reasoned fashion.
Council has the following alternatives:
1. Approve the submission of a letter of credit and preparation
and execution of an agreement between the City and
petitioner.
2. Take no action on the basis that the City should not involve
itself in the financial concerns of others.
RECOMMENDATION: Alternative #1 .
ACTION REQUIRED:
FBAG7BWRT
I have received permission from representatives of Johnson-Reiland
Construction to proceed with the preparation of the agreement including
their willingness to pay up to $500 for the completion of this document.
Council's approval above should include the authorization that the Mayor
and City Manager execute the agreement once completed.
Motion and second to approve the agreement including authorization for
Mayor and City Manager to execute the completed agreement.
-2-
Ms. Suzanne Kruse
6096 150th Street SE
Prior Lake, lv'IN 55372
Dear Ms. Kruse,
This letter is to inform you that your application to administratively divide the property
located at 6096 150th Street SE, as per attached survey has been approved by the City of
Prior Lake subject to the following seven conditions:
1. The existing home and all other structures must be removed within 60 days (October
15, 1994).
2. 5' side yard and 10' front and rear 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.
3. Collector Street Fee of $825.00 must be paid as a condition of subdivision approval,
according to the 1994 Assessment Policy.
4. The Administrative Land Division has to be recorded with Scott County by October
15, 1994, according to Section 6-3-4:G of the Subdivision Ordinance, or the
Administrative Land Division and Variance will become null and void.
5. Approval of the administrative land division does not imply or grant any future
variance for future construction of buildings on each of the two newly created
parcels.
6. All structures be outside the utility easement. The applicant will grant the
necessary sanitary sewer easement across Lots 10, 11, and 12, Eastwood.
7. The cost for the water stub installation for Parcell will be the responsibility of the
property owner at the time of the building permit.
A 14.81' lakeshore lot width variance for Parcell, and a 13.99' lakeshore lot width variance
(measured at the front setback line) from the 90' lakeshore lot width requirement for Parcel
2 were approved subject to the following conditions:
1. The structures on Parcels 1 and 2 will be setback an average of the lakeshore
setbacks of the existing structures on Lots 8 & 9 to the west, and Lots 13 & 14 to the
east.
2. A survey(s) needs to be submitted indicating the lakeshore setbacks for the
structures on Lots 8 & 9, and Lots 13 & 14.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The request for a 5' east side yard variance for Parcell, and a 5' west side yard variance
from the 10' side yard setback requirement for Parcel 2 were denied.
In order to implement this Administrative Land Division, it is your responsibility to
prepare and and sign the aforementioned easements, pay the $825.00 Collector Street Fee,
turn into the City a survey indicating the lakeshore setbacks for the adjacent parcels to the
east and west, and file the lot split and other pertinent documents with Scott County, and
notify the City of Prior Lake of the new Property Identification Numbers within sixty (60)
days of approval. Please be advised that failure to file the lot split with Scott County by
October 15, 1994, will void the approval. Questions related to the easement should be
directed to Verlyn Raaen; questions related to the Collector Street Fees should be directed
to Ralph Teschner. If you have other questions or require additional information please
contact me at City Hall, 447-4230, between the hours of 8:00 a.m. and 4:30 p.m.
Sincerely,
bm.1r,phLl/
Gina M. Mitchell
Associate City Planner
ce. Ralph Teschner
Verlyn Raaen
file
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
8C
GINA M. MITCHELL, ASSOCIATE CITY PLANNER
CONSIDER ADMINISTRATIVE LAND DIVISION AND VARIANCE APPLICATIONS FOR
SUZANNE KRUSE
AUGUST 15, 1994
The Planning Department has received Administrative Land Division and
Variance applications from Suzanne Kruse of 6096 150th Street SE, Prior
Lake. The applicant proposes to resubdivide Lots 10, 11, and 12
Eastwood, to create two parcels as per attached survey. 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 two variances for each new parcel. The specific
variances for Parcels 1 and 2 are:
PARCEL 1~
. A 14.81' lakeshore lot width variance (measured at the front
setback line) from the 90' lakeshore lot width requirement.
. A 5' east side yard variance from the 10' side yard setback
requirement (for a proposed future building pad).
PARCEL 2:
. A 13.99' lakeshore lot width variance (measured at the front
setback line) from the 90' lakeshore lot width requirement.
. A 5' west side yard variance from the 10' side yard setback
requirement (for a proposed future building pad).
The subject site consists of three lots of record, each 50' wide by
approximately 390' deep. The site is developed with a house in 1948 that
overlaps each of the three lots. The City received a demolition permit to
remove the existing home. Also located on this site are a garage, boat
house, and shed, all of which are proposed to be removed.
The subject site is zoned R-1SD, Suburban Residential with a Shoreland
District overlay. The majority of the lots in the vicinity are developed with
single family homes. There are homes in this area that were built on 50'
wide lots, as well as homes that were built on lots where two, 50' wide
lots were combined. There was also an administrative plat approved to
the west of the subject site in 1983 which permitted the creation of two
lots, one 63' wide and one 82' wide. Please see attached maps for
specific locations.
The topography of the site slopes from the 150th Street to the lake, with
approximately 30' of relief. There are a variety mature trees surrounding
the applicant's site, some of which will be removed for the construction of
the new homes and driveways.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DISCUSSION:
Staff 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. See attached letters for reference.
Pat Lynch, Area Hydrologist with the DNR reviewed the proposal, and
strongly objects to the proposal because the applicant currently has
reasonable use of the property. The creation of lots that do not conform
to required standards is inconsistent with the state's shoreland rules.
The Engineering Department reviewed the proposal and has indicated
that the proposed homes will need to be setback approximately 10'
further south than the survey shows due to the location of an existing
utility easement. Water and sewer stubs serve the existing home, and
each proposed parcel contains a sewer stub. Parcel 1 does not have a
water service line stubbed to it, and the property owner will be
responsible for all costs associated with its installation at the time of the
building permit application. A drainage and utility easement must be
dedicated adjacent to all lot lines of this plat. Please see attached memo
from Verlyn Raaen for supporting analysis.
Ralph Teschner, Finance Director has reviewed the proposal, and stated
that the development fees of $825.00 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 the underlying property contains lots of record. Please see
attached memos for supporting analysis.
Two letters have been received from adjacent property owners objecting
the proposal. Both letters identified the 5' side yard setback variance
requests as the issue of objection. These property owners feel that
granting the 5' side yard variances will lower their existing property
values.
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. In
this application, the subdivision will result in a higher density since this
property has been considered one parcel from the time the home was
built in 1948. An argument could be made that since the home does exist
over each of the three lots that there is only one parcel, and approval of
the lot split would result in two parcels which would increase the density
in the area and be inconsistent with the Council's previous actions related
to the subdivision of lots of record.
City Attorney, Glenn Kessel has reviewed this proposal and has stated
that this application is consistent with the City's previous actions since a
demolition permit application has been received by the City. If the
applicant would have removed the home prior to the administrative land
division request, the request would be viewed as consistent with previous
Council action. Attorney Kessel has interpreted that the City can approve
the administrative land division because the end result is that the home
will be removed, and the applicant will have three lots of record. With the
approval of the lot split the overall density will be reduced from three lots
of record to two.
ALTERNATIVES:
1.
Approve the Administrative Land Division and variances as
requested.
Table the item for further discussion.
Deny the application for specific reasons.
2.
3.
RECOMMENDATION: The recommendation of staff is to approve the 14.81' and 13.99'
lakeshore lot width variances from the 90' lakeshore lot width requirement
(measured at the front setback line). Rationale for granting the lot width
variances is that these requests are consistent with similar subdivisions
that the Council has approved for Jeanne Robbins and Eric Davis on
Shore Trail, Elmer Clark on Park Avenue, and Harold Gustufson on
Breezy Point Road.
Approval of the administrative land division should be subject to the
following conditions:
1. The existing home and all other structures must be removed
within 60 days (October 15, 1994).
2. 5' side yard and 10' front and rear 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.
3. Collector Street Fee of $825.00 must be paid as a condition of
subdivision approval, according to the 1994 Assessment Policy.
4. The Administrative Land Division has to be recorded with Scott
County by October 15, 1994, according to Section 6-3-4:G of the
Subdivision Ordinance, or the Administrative Land Division and
Variance will become null and void.
APPROVED BY:
5. Approval of the administrative land division does not imply or grant
any future variance for future construction of buildings on each of
the two newly created parcels.
Staff recommends denial of the requested 5' side yard variances for each
of the two parcels. The hardship in this case is created by the applicant
by splitting the parcel.
The action required depends on the outcome of the Council's discussion.
If it is the intent of t!J? Courytll to approve the Admi.nistrative Land Divisi~n
~;:u~:;~es f!,~rcels ~ and 2, a separate mot,on for each approval's
11,1)),. A':X:l7~
Frank F. BOYI?tyJrager
ACTION REQUIRED:
- . --,-.- ._----,--- ---._--- --- - ----.
"0.) rn cs rn 0 0 ~~ yrfY OF PRIOR LAKE
~ 'i rlEMOLlTION PERMIT
JUL251994
~ 1/
1. White . File
2. Blue . City
3. Yellow . Applicant
Permit No.
.;.'_1.-, ....,
SPACES NUMBERED 1 THRU 10 MUST BE FILLED IN
BEFORE PERMIT ISSUED
(Please print or type and sign at bottom).
7/;Jq91
BUILDING INFORMATION
7. SIZE OF STRUCTURE
I Boo !il
8. N~..oF STOflJES
JI A../~ IV
9. TYPE OF .69NSTRUCTION ~ /
Ji /vIf' /If r:4 JU ) t(
10. COMPLETION'DATE I
1. DATE
DIRECTIONS
2. SITE~.IDDREAS . ..)
(.Pc) '16 /)"tJ 5r-
3. LEGAL DESCRIPTION
LOT i 0 - II ~ I Z. BLOCK
,x:-
, " .1:::
4. OWNER (Name)
~:..;e'
Je-ff JO. /1f71
(Address) (Tel. No.) I /
J 4 /J1l..r- if y 7 - '-I (p9b
5. ARCHITECT (Nam~ IJ (Address) (Tel. No.)
- t~l' ;/
6. 'trdh~~~:~ am!<E / 1ft ~/J {)o/.;Tjf ~':;GS} I &51 ~ /] e P:1T t~/l!E No.) f 9 lfLj Jot>
I h.z~bY certify I have furnished information which is to the best of mj knowledge true and correct. I also certify that I am the
owner or authorized agent for the above mentioned property and that all construction will conform to all existing state and local laws
and W~i11 pr e~d in cordance wi submitted plans. I am aware that the building official can revoke this permit for just cause.
Further . r . I he 'Aee. 1e J!J! official or a designee may enter upon the property to perform needed inspections.
X , ~ -- /: I /ftJ-.; . -;/;;C I~~; .
/ ( f \ Si~ature I Date
EI:f.~7 i/.JO~Y
PID
4 (/"1 JJ '
ADDITION
. .
K/2 i/j~e
FOR ADMINISTRATIVE USE
METRO SAC UNIT DETERMINATION
MATERIAL FILED WITH APPLICATION
o Site Restoration Plan
o Utility Abandonment Plan
o Sewer Abandonment
USE OF BUILDING
SITE RESTORATION PLAN
o Water Abandonment
Accepted by
Rejected by
o Electrical Abandonment
o Other
TYPE OF CONSTRUCTION:
II
IV
R
3
M
CREDITS
Park Oed. Credit ................................................ $
SAC Credit ......................................................... $
Sewer & Water Connec. Fee Credit .................. $
Water Tower Fee Credit .....................................$
Other .............. ............................... ....... .......... .... $
TOTAL CREDITS ........................ $
Occupancy Group A
B
E
III
H
2
V
Division
4
This application becomes your
demolition permit when approved
By
. Date
Issued by
Date
This is to certify that the request in the above and accompanying documents is in accordance with the City Zoning Ordinance and
may proceed as requested.
City Planner
Date
Special Conditions if any
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July 6, 1994
Prior Lake Planning Commission
4629 Dakota St. S.E.
Prior Lake, MN 55372
Dear Sir:
Enclosed is the application for an administrative division of 3
lots into two lots including a variance review of the front
footage, along with all the supporting documentation.
The current legal description is Lots 10, 11 & 12 Eastwood.
The proposed Legals are shown on the survey along with square
footate and dimmensions.
PID :
251170080
Purpose: Make provisions for the eventual demolition of current
home and the building of a new home on at least one of
the two lots some time in the future.
Request: This matter be placed on the August 8, 1994 Planning
Commission Meeting date if it is necessary that the
owner be present or a presentation be made. An
approval as soon there after as possible.
Footnote: FYI, Bohn Well Drilling has capped the well in
accordance with state standards.
Please let me know as soon as possible if there is anything else
needing attention so there are no delays. Is there a requirement
that the surveyor be present at any of the meetings?
Thank you for your consideration.
Sincerely,
~:c::s:r'-- /
447-4696
KRUSE ADMINISTRATIVE PLAT AND
1
VARIANCES SUBJECT SITE ~~.
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904..r---~~.1--'-. --i-'908Sl
.... >'V!.iif5.l0 . 75.36'
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A 1481' - t e ~ Pr~posed house
. lakeahore tot width variance from the 90' lakeshore Jot wktth quIr I .. I .59 TOP bIle .. 924 ..
re ernenl _ P d hA Walkout... 91Sct(.. ~LJ.O'
j ropose ouse I l ,....(
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o ~J 1....~.r~lo ~ ~ocel #' ~ l~~'" 0
q~ ~i"" ,0'1 c ~.o
Ben ~::. r1lz I 2El.992 sq.ft. k ,,15
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, :~l~ e ~ .J a~""'1" Z
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e ~.04 I I I 1 ,5' ,ideyord setbodc li"u
, Porcel #2 I .n.: "~.~~.,, -
q + r:.:e f+~- I ~ ~ 10' ,ideyord utboek lin.,
I 29.291 sq(ft.l~~ @
3hed 1 I m: "J" I O,,~~."
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VARIANCES REQUESTED:
PARCEL 1:
@
@
A 5' E side yard variance from the 10' side yard setback reqiJWement.
PARCEL 2:
o
o
l~
A 5' W side yard variance from the 10' side yard setback requirement.
Th. !lItbodl width shown at
the reor of th. lot i. aba
at the 904 cOI'1tour [lne.
w
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- .. .....
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E:o:istln9 O~crtptlon: Lots 10. 11. ik 12. EASTWOOO
Total Clreo of lots .. 58.283 sq. Il
Propolled Descriptions:
POl'"C~ 11: Lot 12 and the &a,t 25 fllllt of Lot 11, EASTWOOD
HIIO .. 28.992 sq. n.
~
t
PCf'"cel f2:. loti 10 ond 11, ..ellClt the lIo,t 2S I_t of Lot 'I, (ASTWOOO
Area - 29,291 sq. ft.
Lot afeos ,hown crre above th_ 90~ elllvotlon.
The l!llisUl\9 house and accesSOl'"y structures wiU b. remo....d.
Trees indicated hereon as plnu or. pin. trees.
'* Tnes indicated hereOf1 01 OCIkl on deciduous and not nece.ssorDy oak..
There will be 5 root t!d.)'Ord Oroin09' ond utility .onments OI'ld 10 foot frOl'lt
ond rear arolnoql! Ol'Id utglty eosements.
~
GRAPIilC SCALE
PROPERTY O"""ER:
IlIl' rat 1
1_."11.
Suzanne e:. Kruse
6096 150th Sl SE
Prior Lake, J.lN
I It....y l*1lfy !liCIt thl_ _'" pl.... ar
~.e_pr---.:lb,,".cru_my..-..:t
~W"o'I'" erW Il'lot 10m" duly R~..'"
~:" ~_ "'. Lo_ .,... so...
0CIt. ~~R....~al40
BRANDT ENGINEERING & SURVEYING
1600 West 143rd Street. Suite 206
Burnsville. MN 55306
(612) 435-1966
Certificllte of Survey
for
Suzo.nne E. Kruse
ISHEET
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~ ILe jfcf- tZ
~{e'd;;
)0<< I 0f~ ~
hi 3d IS?} t:! ,[t?", ~ 'f.
rfl'o-r 1';;/ & / )J~.
oz 4'-()Sct /qq4
{J/6.,'OIG Crud LL'~ CoWvW
4&Zq bcuwt<L ~ 6, f.
P~'oe ~,.!.-uv 55312 -/'1/4-
f6.: ?O/o.L 11 2 u~Ch /or </.k- {J!Op.ul-L(j UXa:!e.b
(J;t &oq f.p /50#1/ 6t, 6 t. - 6uCaAM.J ktW-6.R-
(16 OWN../O of LC!..Ab Coreti'()'LOu..D +0 ~ ~o JE..
fXU' ~ / WG W (-'50 'i-o [luf;i] t w LL' ttuJ A-On.:uJ
of Ou..f 06 / ec..:-f..c 'OiA...J Y-o ~ tU-CfJ w- s.:t eh cf Q/CA." 'O..A.f' 0 , .
cP5 We be~& w & ili-oJb w ~'s J.,tLcJ::te/G, WG
p/{)J'v Olv QJ:LuJ:;(.:^"r, ~ C1ouj;t: 15th I, J.A-tt:-k'U
~~ LJ/u.-'w ~~ ~c.U-k~ wJ.J..J ;;.u
Cnn 6.t: l:5'fJ2i.b .
(lorn t 5If.!2IZ.V eVil/tV F/2ENc..H )
~ i ~~ JlZM-uJ
608z 15b+t1l CSt. 6. f.
P~:O!G (ALL' ~ 553':/-Z
D H R t'l El R U REG 1 U I~
IlL:bll.-((.l.-('::!((
.' -----
HUg Ul,'j4
.::) . .) '-+ i'j U . U U .) r. U L
5U~A(V;V(; J?2aSe jl;ZofJ6IG..a ##lw. ~CAT
I have reviewed the attached proFOsed request in the following an!CIS:
WATER
SEm:R
X ZONIN:;
PARKS
EW:.w::o:IC
G.S
BLD LwJ..J~
CITY CODE
ENVIro~rr
>< FLCOD PLAIN
m.TUFAL FEATORES
TRANstORTATION
.O:;.l.u,tq:1. WATER
ERJSION ro~'UJ:'UL"
I re\..v......end:
APProvAL XDENIAL
lolS 10'//0 /2
<D'1MENTS;
GRADING
SIGNS
COUNl"Y iCi\D ACCESS
I.EI';AL ISSJES
oU"'.dC SY.,::).L.W
ASSESs-'IENTS
U 1.11J:;l(
<DNDITIONAL APP1<OVAL
f A-$'-n-u 6--00
;1A1tf-. ~ r~~s' ~~tz./.
?(1)l"'~ ',5 ~g~. 7'-? /".1- ~ r~",--'~
;{/o' l. "><, -IG-r Y j-~ '" V,x-r/an 6? .
/-Ip-1.r#r 1/J UJp-uyJ b u~ /4/ ~~ Mh~
kJ.. /~trW~ ~, #"
/'
[ .A?~.r?
/~ I
t?/~
fA-,aJL
/s
rPO,LJ(JsJ
( -S
~..
0-/
tt
4)
~v~
~~.71; Ir..e.,,/~J.
~ t? -!-Ld-:
;;~
~
(r~~ d
~//II. sili
sk~~
~- 4r;nk;~
5b~ ~~
c:t~d4-?c.<L .
;/J~r:sA::r-
c~(
I .
III/t~w I~
SIGNAmRE: Vd ~~
RETURN ro: Glna fVlP'fVlitchel \
1'5
w~ul/ k r~w ;f an;f'JJ~
1/
/r~
'J:.L"J:.L..rE: #~~fo<v~ I- DA.TE: fll?~
I I "
BY DATE: B-- S- -CfLf
I ~
p~_ iYt'-t)-rpo~ D~~ l5tJj~~
t&- KUdrcJl / ~c7 '
... . ,',.\,
~ .,.......t~......._.h,..'
---
I have reviewed the attached proposed request in the following areas:
V. WA:.J:l:.K w'.d CODE /' GRADING V" .EA5tMtNT5
V ;:,uv~ ENVIRO~11' SIGNS
ZONIN3 FLOOD PLAIN WUI.'lrY roAD ACCESS
PARKS mTUPAL FEluvro:.S LEX;AL ISSUES
ELECl'RIC TRANSP:)RrAT!ON ;:'l:J:'~'IC ;:,r;:,'ul'1
G\S V /sro:EM WATER ASSESs--IENI'S
BLD UJlJI:. V EroSION <..u1.'{~..tV.U V~11U'(
I rC,",Vl111llend:
~PROVAL
DENIAL
OONDITIONAL APPROVAL
~s,~~ et/;;;J;~A
CfDLf. Arr R/LWrnO~~ - . V_~~be
~uA~IJA) ~IJ LnL - ;JJJJ ~M ~
~ru;;JLuHU ~hb~~. .. I
~"Ilbl~~Irtt,AAu' . . .1~bL
~~~-4~r.. A) . ;b
~tr lit ~P;~ ()~ ,ghl'11.l L MtLo~ ftA.d /; ~A) ~),J.t(-_U
lJ/Y\.L~ A~ljJ1:Jr--~r~LJ. .L<Av~. J
wJJ(l,f ~. ~(l~A . '. ~wiliJl,tJJ~Jr,_
fln.tJ1.fut~DAbn-~d\'11'5 it: ~
~ _. ~~~~ eD.tJ"~M4M~
I ' . JA'1 Lb~~
~_'~~~I1;fu~ -
~ ~- ~_: ~~__ vi,Jiti;J1~ (i~.tillrvml~
.~~ ~ ~,t-~&I5'1 .~)
SIGmWRE: ~~ n...dbJi Ur1{~ T:ATE:2/2/1d-
~~IJ~ ID: Gl net tv\. Mitchel' BY DATE: B - -'1 Lf
~/s/?~
J1~~~~/~IOJllh2..)~ ~
y?~ ~O~Q~ ~~ C.mGt
~~k~,D~~~~tW.-~
~k ~ td--aJ-t plU~ ~ , G~ ~
td1},6e~d-&~;;~ ~
~. )i1i:~ ~~k . ~
~ r-L~ ~~~qq
~ . - ~~1l'~~
/~~~ ~~JJOJ~ ~~.
~ Ik-~~wilfie tU1~~
fkn /52> i/l.:JtiLd-) ~ /11WWA>u",-I;i MIl k ~
rh It.-~. "7 - -..~.~-
INTEROFFICE MEMORANDUM
Planning An /
Ralph Teschner, Finance Director W
Lots 10,11 & 12 Eastwood
(assessment/fee review)
July 27, 1994
TO:
FROM:
RE:
DATE:
Lots 10-12 Eastwood (PIN# 25 1170080) were served with sewer utilities in 1974 under Project
74-3 and with water utilities in 1975 under Project 75-2 and was assessed 150' of frontage and
1.38 acres for 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 excludes Parcel 2 which is to be given credit
for the existing residential home which is located predominantly on this parcel that is to be
removed as a condition to plat approval. Therefore, the net fee is based upon the 28,992 sq. ft.
for Parcel 1 described as Lot 12 and the E 25' of Lot 11, Eastwood. A summary of the
development fees to be collected upon approval of the administrative lot split is detailed as
follows:
Trunk Water & Sewer Charge
-0-
Storm Water Management Fee
-0-
Collector Street Fee
.66 ac. @ $ 1250.00/ac = $825.00
SPL27.WRT
. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DATE:
MEMORANDUM
GINA MITCHELL, ASSOCIATE PLANNER ~, j~
BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
PARK DEDICATION FOR SUZANNE KRUS
ADMINISTRATIVE PLAT
AUGUST 9, 1994
TO:
FROM:
RE:
Gina, I have reviewed the Administrative Lot split for the Suzanne Kruse
parcel and, since these lots are parcels of record, there will be no Park Dedication
requirement. Park Dedication is only applicable for new subdivisions or new parcels
but not for parcels of record.
If you have questions concerning this item, please let me know.
Thank you.
Mt:M{r':t>
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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:
Mondav. August 15. 1994
at
7:45
P.M.
The Prior Lake Planning Department has received an application from Suzanne
Kruse to consider an Administrative Land Division and Variances from Zoning
Ordinance 83-6, for the property located at 6096 150th Street SE. The proposal is to
subdivide Lots la, 11, and 12, Eastwood in order to create two lots. Please see the
attached survey reduction.
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 davs following
notification.
The proposed subdivision will require four variances. Therefore, the City Council
will consider the application on August 15, 1994, at 7:45 P.M. The specific
variances that are being requested with the Administrative Land Division are:
PARCEL l:
1.
A 5' east side yard variance from the 10' side yard setback
requirement,
A 14.81' lakeshore lot width variance (measured at the front
setback line) from the 90' lakeshore lot width requirement.
2.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PARCEL 2:
1.
A 5' west side yard variance from the 10' side yard setback
requirement.
A 13.99' lakeshore lot width variance (measured at the front
setback line) from the 90' lakeshore lot width requirement.
2.
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 August 5, 1994. For more
information, contact Gina Mitchell at the Prior Lake Planning Department at
447-4230, extension 213.
Prior Lake City Council
DATE MAILED: July 26, 1994
I have reviewed the attached proposed request in the following areas:
WA:J.'U{
SEWER
ZONnG
PARKS
ELECl'RIC
GAS
BLD Luur.;
CITY CODE
ENVI~1I'
FLOOD PLAIN
~'u.r<AL FEA.'I'tmES
TRANsroRrATION
Sl'OIM WATER
EroSION UJl'lJ.'.tU..o
GPADUX;
SIGNS
UJuJ.'lI'Y roAD ACCESS
LEX;AL ISSOES
bl:J:'~'IC SY.':l'~'.L:L>1
ASSES~S
V~~
I recvlll&uend:
APPROVAL
DENIAL
CDNDITIONAL AJ:J:'~
~.ENrs: fl.h ~~ Y\ ~.
~ ~ ~ ~ .>~C; P'~#~~ ~/1~~~ I
~ ~~~ ~~/.4L ~ d~;L; / ~
~A:;" '~>I?.AC; ij'~ 6-.A--~~ ~
~ ~/~. ~.u;' ~/p . ~ J,~ ~O)~~.
Fh f r ~
I:t-~ ~4.1~A~ //~/ ~ ~~.-, ~ ~
. r~ '/' , . ' f
./r.. 4.A () ./U,A --~~ ~..., ..
I tJ)' ~:~ ~4-~ 5 ~)
~ //0_ /~ /~/JAAA~ ~~
~f/~ , . ~ ~ /L ~
.. . ,. ~ ~~ T,A__fc-... 7fA-uL ~
,. - -' -' ~ -.. /
SIGNATURE:
~.LlJ~~ TO~ Gl na rv\. Mitchel \
.Uu.EA:: Af'/ f~TE: ~~
, ;" (
,BY DATE: B- 5" -CfL-f
AP06Ll
July 19, 1994
Suzanne Kruse
6096 150th Street SE
Prior Lake,:MN 55372
Dear Ms. Kruse,
The purpose of this letter is to inform you that additional information needs to be supplied
. in order for your administrative land division and variance applications to be processed.
The August 1, 1994 City Council Meeting agenda is full, so you will likely be looking at the
August 15, 1994 meeting for consideration, if all of your materials are submitted by July 26,
1994.
Specifically, the following items need to be revised/indicated on the survey:
~.
v1
The 904 contour (ordinary high water mark) of Prior Lake. . ~/
2. vrhe lot width of the two (2) proposed lots at the 904 contour, 1\P€ front setback
line (25'), a.~~J Ll~e .L ecu 'lot iine.
Location of all setback lines (building envelopes) for each proposed lot.
Building pads for each proposed lot.
Lot areas calculated above the 904 contour.
The survey should state that the existing home is proposed to be removed. If
any other existing structures are proposed to be removed that should be
indicated on the survey.
The Engineering Department typically requires as a condition of approval 5'
(side yard) and 10' (front and rear yard) drainage and utility easements be
granted to the City. You may also want to show that on your survey.
a
~
I will also need you to revise the variance application form to include the specific variances
that you are requesting. Please feel free to give me a call at 447-4230, extension 213, when
you get the revised survey if you want to go over the specific variance requests together.
~ ~/dL ycJ-
v(J. UhM t (;;1:;.
-/
~
s~'n erely,
\~ ;' . '--;) . 7f1jJcA!L[.
L
Gina M. Mitchell
Associate Planner
ce. file
Brandt Engineering & Surveying
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY' EMPLOYER
CITY OF PRIOR LAKE
4629 Dakota Street, S.E.
Prior Lake, MN 55372
.'
,
FAX # 447-4245 - TELEPHONE # (612) 447-4230
FAX COVER SHEET
DATE: 7- I q - q 1,-
TO: (x/-cnfl Y00~u
FROM: (ri (\(}; M J-oh 8 t
SUBJECT: Ct cl r'YU r\. p\ at ~ vi {NY i VI- vi te,0
I
TIME:
9 : ~Cj
FAX#:
MESSAGE: G-1~Y1n, ()JuAct)1O~ LU ~ J.UWw Ir0AP
uJhttV\lf W 0Qfl re~(,4vo -tNJ; W ~ &'1u~blXl1nDU
J iN, /jCllC1jVJ lrt ret')'10V0u\ Oh a COf\t:U;hO(l of MrVoV~
. Or W'flul& that bG (;DrtSidmd fJ- tulUYltf ? W(e,Ylfly
~V hoku llf:€f~ nAm-con-Formj ~ ~j){JA,tS
/ f?r :y~1 U
~ hJV:ftN-J
Number of Pages Sent (Including This Page):
2-
CITY OF PRIOR LAKE
4629 Dakota Street, S.E.
Prior Lake, MN 55372 .
FAX # 447-4245 - TELEPHONE # (612) 447-4230
FAX COVER SHEET
DATE: 7-1 q -9f
TO: R 0.d f!J)0vf1{;0I
FROM: ()jj7a; fY/jj Ch~ "
SUBJECT: 0;}fM1rlf/ J!/lJ yu 'S .A-dmi 11 iWfbH V.v
( f/ ()J/ 1 VfjY{ IVI ~ /lAfJUest
TIME:
FAX#:
/35 -2fJ ;J C;
MESSAGE:
(Jlla?/J 0(j)~ YYL(/ W0 ex!. 2/3
MVV f1 f1!1 Crv1 ( off 0 (J S .
~/ V I
L/ ~ q ~ () 11// ( I
~J/ f lvvr L/~
6f/r
Number of Pages Sent (Including This Page):
L
ci PR~l
0..:,->. 'h
.:0.......... ...,..:,,,,;,., ""'"r
~r~' \"?:?:~C_...'-('
t .... tP' -,}.S~:: 7'
W'" ~
~NE~
" srAFF"
CITY OF PRIOR LAKEl
PLANNIN.; DEPARIMENI' PROJECI' REVIEl"1 REXDRD
DI SI'RIBOI'E 'ID :
CITY MANAGER
ASsr. L.n::l MANAGER
W'J::l ENGTh~
Ln:r FINANCE
w'.d PARKS
CITY PLANNER
i VJ.l"1l:..K LA. T7JV V
~uJ.Ll)IN; OFFICIAL
l:'u.l;jLIC WORKS
CITY ATIDRNEY ·
roLICE OIlEr'
DNR ..
CDUNI'Y HIGh"WAY ~
DATE DIsrRIBlJHJJ: 7-2- to -C1Lf
REVIEl'l DEADLINE:
PROJECT REVIEl'l MEETIN;:
YES ><
NJ DATE:
APPLICATION FOR:
'/.. AIlUN PLAT
PRELnUNARY PLAT
FINAL PLAT
RLS
V J:r1l:..K
P1JD
REZONnX;
CDNDUSE
X VARIANCE
NA MNJX)'I'
NSP .
s::JYJ!r RICE ,.
MINNEX;ASQ)-
MN VN.L'Si ELEC .
WA.1.'~ -
6-5 -Cf4
TIME:
VACATION
B<l1E OCCUPATION
cn1P PLAN N.1END
EISlEAW
APPLICANI': 7LJcanne KV"L100
ADDRESS: (p09 [j /ffOrh sr. ;f
,PHONE:
447- 4G/10
CDNI'ACI' PERSJN: .PHONE:
~ v,oe lotS 10-12 [(1tV z fXtfcti ~
PROJECI' REQUEsr: vAi<J ANU;;7: Er1Y~ i I.;.. 17' (i ~l de yd. 'lion [U1 te. I Iii, ~ I' IOf WI dth ,
vo..nlAnCN meo~LLred tV, the. fror'\t yd, ?otbOlcJ&. POfcel 2-- 5' W Side yd.. VOfio..,r''Cf)
1~.q'1'10t lI\[[cUh vOft'Ctf1Ce. metlJ5ureo. cJ- tM fror1f YD. ~CJL.
~.U:J:; LEGAL DESCRIPI'ION: Lote; 10, I) ,112 b001vJ 000. .
PID:2-l?-117-000- OZONm;: 'gj?l/ lDf.P PLAl;f USE: LOw densrf\J_t)
~e0f dmiq;
PLANNIN; aH1ISSION REVIEW DATE:
CITY COUN:IL REVIEtv DATE:
6-1t?-Clt.f
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
I have reviewed the attached proposed request in the following areas:
WAi.l:..t{
SEWER
ZONIN;
PARKS
ELECl'RIC
GAS
BLD CODE
CITY CODE
ENVIRO~1I'
FLOOD PLAIN
mTUFAL FEA.wt'U:.S
TRANSFORrATION
srom: WATER
EROSION u..JN.J:~L
I rec.....ulluend:
APPROVAL
DENIAL
c:c::MMENTS:
SIGNATURE:
Glna rvl. MitdfJel \
RETURN TO:
GRADING
SIGNS
CDUNI'Y ROAD ACCESS
LEX:;AL ISSUES
i:).l:./:'~.IC SY.:::f~'.l:J.v1
ASSESEMENI'S
aI'HER
CDNDITIONAL APPROVAL
..l....L...l..LE:
.BY DATE:
B- 5" -Cj'-f-
I:lll.TE:
NEW ABSTRACTS
CONTINUA TIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCO I I COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET. P.O. BOX 300
SHAKOPEE. MINNESOTA 55379
AP00Ml
David Moonen and Dale Kutter
Kerry Meagher. General Counsel
TELEPHONE: (612) 445.6246
FAX (612) 445.0229
June 28, 1994
Suzanne E. Kruse
6096 150th Street SE
Prior Lake, MN 55372
To Whom it may concern:
According to the 1994 tax records in the Scott County Treasurer's office, the
following persons are listed as the owners of the property which lies within
100 feet of the following described property:
Lots 10, 11 and 12, Eastwood, according to the recorded plat thereof on file
and of record in the Office of the County Recorder in and for Scott County,
Minnesota.
GEORGE T & SHERRY L FRENCH
6082 150TH ST SE
PRIOR LAKE MN 55372
DONALD J CLOUGH & WIFE
6109 150TH ST SE
PRIOR LAKE MN 55372
,
kiA'y i~;({tr'd.~ Gnp). 1
I Su(ve;th2ju
5 V /1{i I' {'l (~V 01 exJ
(/
/\, /JP. ~
I P '-. /~, ~
David E. Moonen
President
MICHAEL D LEAHY & WIFE
6130 150 ST SE
PRIOR LAKE MN 55372
PETER L & DIANA M BEEBE
6089 150TH ST SE
PRIOR LAKE MN 55372
CHESTER & AUDREY E SMITH
6131 150TH ST SE
PRIOR LAKE MN 55372
-1",,"~~,;};;":.~'~~'sco1]8=.~mACT.":I'
~ '.~ l1censed AbstracW .
'., '" State of MInnesota .
. ..~"",,,~'-'~"'.<,,~.,"",.'~""4rq,C!._....__,,,,___ ....______.'
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
'UHUIWU,.Jt-... UUII .......'.\llIfIULLu
,,"UnuesuLa UIUIOIJIl L.UII\'~) &Ul:1UIl UJauk, ~i ~ I IS)
MllltH .lJa\lIS Lu , MIIllleaJJuliS
Corporellon or Perlnenlllp
to Corporetlon 0.. P ertn.rshlp
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed (.. ) not required
Certificat~~l Estate Value No.
_;;L':? ,19r.,
I' -
by
1.:1(: ~~..,.. _.## =-- ~
County Auditor
~~
Document N~4.[laOG
OFFICE OF ~~UNTY RECORDER
SCOTT COUNTY. MINNESOTA
This is the filinq information
of the document recorded in
Es office on
~..1!1JS 10 A H
at Boeckman, County Recorder
Deputy
~lIu-i't
STATE DEED TAX DUE HEREON: $~oS-'::~~-
Date: ,1M\u.#l-,td t..D ,19 ~ '
WElL CERTIFICATE RECEIVED
~WElL CERTIFICATE NOT REQUIRED
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Johnson-Reiland Construction, Inc.
,a Corporation
the State of Minnesota , Grantor, hereby conveys and quitclaims tr> the City of
a municipal corporation
Scott
under the laws of the State of Minnesota
County, Minnesota, described as follows:
under the laws of
Prior Lake
, Grantee,
, real property in
A permanent easement for drainage and utility purposes over the following
described property:
The east 5.00 feet and the south 10.00 feet of Lot 12, EASTWOOD, Scott
County, Minnesota
and the west 5.00 feet and the south 10.00 feet of the east 25.00 feet
of Lot 11, EASTWOOD, Scott County, Minnesota
IIf more .pac. I. need.d, contlnu. on beck)
together with all hereditaments and appurtenances belonging thereto.
J ohnso;lr:il,:;}
By [fI{tI/A
Its ptesident
/
Affix Deed Tax Slamp lien-
v
By
Its
STATE OF MINNESOTA
88.
COUNTY OF
Scott
The foregoing was acknowledged before me this
by -Dan Reiland
the President
of Johnson-Reil~llrJ f,onstrurr1nn. Tnf'.
under the laws of teState of Minnesota
:J. ol-A day of -?J /Iou 'WUf
and
and
95
,19 ,
e J.8.~
'. III1MY 0MnACCUC1Y
Comm. flqIIIW 2-24-91
.....,I!A_.,.......;.~
, a . f'nrrnr'" I'i nn
he ~rantor
/12 ~~~<-A/
RE or PEasON T~rNo AOKNOWLEDOMENT
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
Tax Statema te lor tb. rel1 propen, d.eerfb.d an thll anltrummt mould
b. ..nt to elud. nam. and addre.. 01 Orant")1