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HomeMy WebLinkAboutVA93-06 Mahoney Variance ~- be, PIDt25-278-001-0 W'U OF PRIOR LAKE APPLlCA.LJ.uL~ PUR VARIAH:E Applicant: John B. Mahoney Address: 17276 Murphy Lake Blvd., Prior Lake. P&.~t'o::,;rty Otmer: Same Address: Type of Ownership: Fee Contract Consultant/Contractor: ValJev SurvevinQ Co. Home Phone: 447-3360 MN 55372 ~rk Phone: Same Bane Phone: ~rk Phone: Purchase Agreenent Phone: 447-2570 Existing Use of Property: Duplex Present Zoning: R-2, S-D Legal Description of Variance Site: See attached survey Variance Requested: 1.015 lot area Tract A: 10' side yard setback for Tract A and B, to allow 0 lPt line setback: 2.192 lot area and 3.37' lot width variance for Tract B. Has the awlicant previously sought to plat, rezone, obtain a variance or comitional use pemit on the subject site or any part of it? Yes x R:> What was requested: When: Disposition: Describe the type of inprO'lements p&.u~ed: The proposal is to divide the subiect site into two lots for purpose of sale of each unit of the existing duplex. oua..{[SSION ~.LREMEN1'S.: CA)CalIpleted awlication form. (B)Filing fee. (C)P&.utt<=-rty SIrvey indicating the prop:>sed developnent in relation to property lines and/or ordinary-hig&-water mark1 prop:>sed building elevations and drainage plan. (D)Certified fran abstract fim, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Caoplete legal description & P&....J:"C'rty Identification ~r (pm). (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 CXJn'Lm'E APPLICATIONS SHALL BE ~J:w AND RE.VlJ:.;fW BY THE PLANNIR; <lJtttfiSSION. To the best of ~ knowledge the infoonation presented on this fom is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree~o rO'lide inf%:tion and follow the procedures as outlined in the Ordinance. A I "W // . n.d A-.,~/ r: ADolicants Signature S\Jl:mitted this 23day of March 1993 V-- Fee Otmers Signature 'mIS SPACE IS '10 BE FILLED 0t1l' BY ...tm PIANN'!R; DIlW...~vR PIANN'!R; CXD.I&~Ul~ APPI01ED JJJ:.LiJ.W Dt\TE OF HFARIR; w.~.t cxx,L'#....LL.I &:t"uU, Y APPROJED DENIm LI_ .'5. q ~ Dt\TE OF HFAtuL'kl --'1 ~ . <XUlITIONS. ~ ~~ :~ ~ _ {!a;ncJ J /}1~ ctI ' - 9~ ;11. ~J' # . ~/l~ Sigi1ature of the Planning Director 4,.j-13 Date . . Minutes of the Prior Lake City Council April 5, 1993 4. Consider Administrative Land Division and Variance From John Mahonev - Deb Garross presented an overhead of the site and discussed details of the request for land division variance. One comment was received regarding the grading from adjacent neighbors and the DNR. Ms. Garross also noted that the RLS process on this property is similar to previous requests for land division variances. Applicant John Mahoney addressed the Council briefly on the issue. Discussion occurred regarding access location and traffic patterns. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE ADMINISTRATIVE LAND DIVISION AND VARIANCE FOR JOHN MAHONEY AS REQUESTED. Upon a vote taken, ayes by Andren, Kedrowski, White, the motion carried. Fitzgerald absent. 5. Consider Approval of Consultinq Enqineer Contract Public Works Director Anderson discussed the selection process used by the selection committee in reviewing bids for the Consulting Engineer Contract. Anderson also reviewed sections of the contract and presented overheads on the projects which the Engineer Consultants services will be used. Council discussed whether or not to consider the contract due to the short time allotted for review. City Manager Boyles explained that the provisions of the contract are similar to previous consultin9 En9ineer contracts approved by Council and that the key 1ssue 1S the selection of a Consulting Engineering firm. Scott and MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH MAIER STEWART AND ASSOCIATES, INC AND TO AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENTS Upon a vote taken, ayes by Andren, Kedrowski, White, the motion passed unanimously. 6. Consider Knights of Columbus Reguest for Premise Permit to Conduct Pulltab Gamblinq at O'Malley's On Main Councilmember Kedrowski removed himself from the discussion and left the meeting. City Manager Boyles introduced the issue and read the three ordinance conditions to be met before approval of a premise permit could be considered. One of the three conditions remains to be verified - principle location - and that to date, the Knights of Columbus have been unable to furnish proof to this effect. Tom Vogel, Grand Knight, president of the Council, stated that Wayne Johnson has been the Treasurer (last 3 or 4 years) and described the structure of the organization. Vogel also stated that they have rented and opened an office in the building next to O'Malleys on Main (the Gallion Building). This meets the third condition of principle location. Discussion occurred on the process used bf the City in determining the Knights of Columbus's elig1bility and the term of their lease. Scott and 2 "AP01CC" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 4 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER ADMINISTRATIVE LAND DIVISION VARIANCE FOR JOHN MAHONEY APRIL 5, 1993 The Planning Department received an administrative land division and variance application from John Mahoney, 17276 Murphy Lake Blvd., Prior Lake. The applicant has petitioned the citf Council to approve an administrative subd1vision of Lot 1, Block 1, R & C Addition as proposed on the attached survey reduction. The applications were filed and are being reviewed as per Prior Lake Subdivision Ordinance 87-10, Section 6-1-3 attached. AND In 1992, building permit 92-343 was issued to Mr. Mahoney to construct a duplex upon the subject site which contains 18,793 square feet of lot area and is 140.43 feet wide. The site is zoned R-2, Urban Residential and is located within the S-D, Shore1and District. The lot size and width for a two family dwelling within this zoning district is 12,000 square feet with 75 feet of lot width. The duplex and lot conform to all zoning requirements. The a~p1icant desires to convey each unit in fee s1mp1e title rather than the entire duplex and lot. To accomplish the sale of each unit requires the division of the entire parcel along the common wall of the structure reSUlting in proposed Tracts A and B. The Zoning Ordinance does not provide an option to accomplish the request of the applicant other than to follow the administrative subdivision process. Unfortunately, because the ~roperty is located within the Shore1and Distr1ct, the minimum lot size requirement for a new subdivision, regardless of the zoning district, is 10,000 square feet. The purpose of the request is to allow each unit to be sold on an individual basis to a 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPWYER PRECEDENCE: private /P:r9.P~rt.y owner(s) , rather than maintain ! r6~~al unit(s). In order to divide the property according to the Subdivision and Zoning Ordinances, lot area, width and side yard setback variances have been filed. The specific variances requested are as follows: 1. 1,015 square foot lot area variance for Tract A. 2. 10' side yard setback variance for the unit located upon Tract A, to allow a 0 lot line setback. 3. 2,192 square foot lot area variance for Tract B. (Tract B is a corner lot which requires a lot size of 12,000 square feet and 72' of lot width). 4. 3.37' lot width variance for Tract B. 5. 10' side yard setback variance for the unit located upon Tract A, to allow a 0 lot line setback. The applicant has submitted a "Declaration of Covenants, Conditions and Restrictions" which outline requirements for insurance, architectural control, exterior maintenance, easements and right of lateral support, building and use restrictions and other general provisions applicable to the property. The covenants were requested by staff and will be reviewed by City Attorney, Glenn Kessel. Comments relative to the covenants will be forwarded to the Council at the April 5, 1993 meeting. The application for administrative land division and variance was mailed to residents within 100 feet of the subject site and to utility companies, the DNR and Watershed District. As of the date that this report was written, no comments opposing the proposal have been submitted. Due to the early submission date required for this agenda report, the review of the City Attorney and Engineer relative to this matter has not been completed. Comments relative to the applications will be forwarded to the Council at the meeting. On March 16, 1992, the City Council approved a similar application for Mr. Mahoney via approval of R.L.S. 141. That property is located approximately 100 feet northeast of the subject site and is developed with a comparabl~ gu~~~x unit. In that case, the property 'was registered and the vehicle used to divide the parcel for ownershi~ purposes was the R.L.S. process outlined 1n section 6-8-1 of the Subdivision Ordinance. The proposed application is for the division of abstract property, therefore the only means to divide the parcel is via the administrative land division and variance process. Staff is working with City Attorney, Glenn Kessel, to draft a Twin Home Ord nance which would incorporate regulations into the Zoning Code to better address future situations similar to the current application. RECOMMENDATION: Approve the administrative land division and variance applications as requested. Continue this item for additional information as requested by the City Council. Deny the application based upon facts and findings. Alternative 11 subject to filing appropriate covenants and any conditions identified by the City Attorney and city Engineer. 2. ALTERNATIVES: 1. 3. ACTION REQUIRED: A motion to approve the administrative land division and subse9Uent variances subject to appro~riate condit10ns identified by the City Counc1l. Rationale for granting the variances: The City has supported the conversion of rental units to owner occupied units in the recent past. The duplex was built compliant to the lot size and width requirements of the Zoning District. The Ordinance does not contain provisions which permit the conversion of rental to owner occupied status and subsequent sale of each individual unit. Literal enforcement of the Ordinance would result in undue hardship with respect to this property because the sale of the individual units would be precluded by the Ordinance. The variances requested observes the spirit and intent of the Zoning Ordinance and would not be contrary to the public interest. · AIlPLAT- APCf3 _OJ PInt (;5-;)'i'a-crJl-O AIMINI.:l....N.iTIVE LAM) DIVI,,~ul~ APPLICAJ..LU1-l FORt Property CMner:~ (f 2~ Phone: ,Address: I [7L? I!. . ~.A~ _t..~t:: J~L...A Awlicant: .5~'" Phone: Address : Name of Slrveyor: f1"'~ Phone: Y 51 }....."z,,5 ?~. Has the ~icant previo~ sought to plat, rezone, obtain a variance or conditional use pemit on the subject site or arrj pirt of it: NoJ/' Yes What was requested: When: l/Vl-JY~/) I , .:luGlL.fISSION ~.uwo!ENlS: A. CallUeted awlication fom and P&.u~rty Identification R.mJer (pm). B. CaDplete Legal description of existing and proposed parcels. c. Filing fee. D. 91.. .'1" preplred by a registered land surveyor. E. 15 copies of the awlication, survey and s~rting data and 1 set reduced to 11- X 17-. F. Total square footage and or acreage of existing and p&.~.t!"sed parcels. G. I':c:.....:.:o and addresses of owners woo own property contiguous to the subject site. CH,y aJttPIBl'E APPLIa......li"'..~ SJALL BE N..J...u:~w FOR RE.VIEW. .,; To the best of JIfi knowledge the information presented on this fODD is correct. In addition, I have read Section 6-1-3 of the Prior Lake Slbdivision Ordinance which specifies the rEqUiranents and procedures for Mninistrative Plats. I agree to prOl7ide information and follow the procedures an outlined. _.~ ~~ icants Signature'" Date Fee Owners Signature Date iBIS io)J:A...L.L""~" '10 BE FILLED IN BY THE PLANNIm 1.J~~\J1( DISEl()O).uJ.ul~ (R APPLICATION: Ar'r'lv./'i W IJ6I.Ut.IJ w.u UJulCIL Ck.l:I:ot.I,) APPROJED DEluW D\TE nrm: OF HFARIR; CDNDITIONS: Signature of the Planning Di&.o:....Lor Date Vl\ pIDt25-278-001-0 y:.l'1 OF PRIOR LAKE APPLICA.1J.Ul~ PUR VARIAR:E Applicant: John B. Mahoney Home Phone: 447-3360 Address: 17276 Murphv Lake Blvd.. Pr_torLake5,.}o:lN 55372 ~rk Phone: Same P&....t<o::.rty Owner: Same Home Phone: Address: ~rk Phone: Type of Ownership: Fee Contract Purchase Agreenent .Oonsultant/Contractor:~ev SurvevinQ Co. Phone: 447-2570 Existing Use of Property: Duplex Legal Description of Variance Site: Variance Requested: to RJlow O~t li"ne Present Zoning: R-2, S-D See attached survey 1.015 lot area Tract A: 10' side yard setback for Tract A and B, setback: 2.192 lot area and 3.37' lot width variance for Tract B. Has the awlicant previously sought to plat, rezone, obtain a variance or conditional use peonit on the subject site or any part of it? Yes x R) What was requested: When: Disposition: Describe the type of ~~ovements proposed: The proposal is to divide the subiect site into two lots for purpose of sale of each unit of the existin~ duplex. QUU.{[SSION ~: CA)CalIpleted awlication foon. (B)Filing fee. (C)P&''-Itt<=-rty SIrvey indicating the prop:>sed developnent in relation to property lines and/or ordinary-hig&-water mark1 proposed building elevations and drainage plan. (D) Certified fran abstract fion, names am addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Caup1ete legal description & P&....'J:"C'rty T~'1ti.fication Nlmber (pm). (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 COM:PLm'E APPLICA.l;J.UlltS SHALL BE AA..~~w AND ~J.SfJ:.U BY ~~ PLANNIR; alo1MISSION. To the best of ~ knowledge the infoonation presented on this foon is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies r~rEments for variance procedures. I agree.~rO'lide inf%:tion and follow the procedures as outlined in the Ordinance. A I 1/11' // VU '^--~/ r: APPlicants Signature S\Jl:mitted this 23day of March 1993 V-- Fee Owners Signature 'mIS SPACE IS '10 BE FILLED our BY ...~ PLANNIR; DI~vR PLAMWItb CXH4ISSION w..I.:l <..uuL~ At-r'uU, At-r1V'lID At-J:'1;cV/ED J.n:.a.i.\.J:.U 1JU~J.m Dt\TE OF HF.ARIm DATE OF HF.ARIm <DkJJ."J:J.ONS: Signature of the Planning Director Date ",.. r~br- '- .. p--~ r"'" ....:;-- ,.-' . ...... \\ . .., ~-- -iJ e ~) (.0 -J" .. ~-~ -'- " PROPOSED ADMINISTRATIVE LAND DIVISION AND VARIANCE ,. o 12" li"14'"15"'6'-17 Ul '" o N t- 1 I i L I - , ..) 1_ co I;' ;: I~N IN ~: i ~ ., 2~" . fZ..... ~ 8.'''''6 5.4 . .'2'''' 1 a.K"J:' "" I p'~ ..,n:."l. v,w' I -.;,~o .no .~oo COLORADO ST. I L.; · ~' 1 7 ., l ~ \t"-";3 '=~, ~ .~ ~I '" ' iil 2 ::t g ,. ~:;tL ~ ~_. ~ ~ ag~ __f/. .".. 'I, " .", ~ ~ ,., 'I.'" "I9$'" 1 ~,. "'as "flSI! I ! , . 18 I., '20 21, '2 !. -23. '24 25.26 27"28 1 10' , I.' '2 131"1 " ... . ~ ~., nit~S- ( If lD A , , I 13 12 II' '10 91". . 7 " E .1: ' '4 3"~/'1 ~ 8 7" 61 <lit , ""~~.' - rI( -:Go'" I "1"'0 .'H(! '1111 "'?"~ .,.,~ "IZ "Go I' .. Yot.O 150. .".., "'n .,~. 'f~~. 9 1(" 1:;.19 CONDO 1016 1~6-6 ~.. ;: :~:: !~ _:0- - ..- .... ..~.. .. ,r" !PO- Utttfr.Of 1 ,n": H , Z J .. S .,,., If". Ill'" Cf~, "L/O CATES SEe F I ~ ~"I ~'f_. 'I ., .. ...~\":'"Wt - .... t 121221 -.s 4 - VIS' ~ "'17' HOLl ... i 5 ... ,) 2 ~ , ~TArES 2 ... : lr : 6 .~ 4 ':. e-- ''101O . .~ O~ G C\. CI 0 'Ie ~~ "\ "c.. . . ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration is made by ROBERT D. MERTENS and CAROLE A. MERTENS, husband and wife, (the "Declarant"). RECITALS: 1. The Declarant owns the Property and intends to construct two-family residences thereon. 2. The Declarant desires to provide for the maintenance of the Property and the easements necessary to the use and efficient operation thereof. NOW, THEREFORE, the Declarant hereby declares that the Property is made subject to the covenants, conditions, restrictions and easements herein, (the "Covenants"). 1. DEFINITIONS. (a) Basic Definitions. The following words, when used in this Declaration shall have the following meanings: (i) "Property" means the real property described in Section 2. (ii) "Living Unit" means any portion of a building situated upon a Lot and intended for use and occupancy as a residence by a single family. (iii) "Lot" means any of the following parcels, to- wit: That part of Lot 1, Block 1, RAND C FIRST ADDITION, Scott County, Minnesota lying northerly of the following described line: Beginning at a point on the west line of said Lot 1, distant 68.63 feet north of the southwest corner of said Lot 1; thence easterly to a point on the east line of said Lot 1, distant 77.95 feet north of the southeast corner and there terminating. That part of Lot 1, Block 1, RAND C FIRST ADDITION, Scott County, Minnesota lying southerly of the following described line: Beginning at a point on the west line of said Lot 1, distant 68.63 feet north of the southwest corner of said Lot 1; thence easterly to a point on the east line of said Lot 1, distant 77.95 feet north of the southeast corner and there terminating. (iv) "Owner" shall mean one or more persons or entities who hold the record title to any Lot subject to this Declaration, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Lot is sold under a recorded contract for deed, then the purchaser (rather than the fee owner) will be considered to be the Owner. (v) "Mortgagee" means any person named as mortgagee or any successor to the interest of such person under any mortgage of record or other security interest by which a Lot or any part thereof is encumbered. (b) Additional Definitions. The following terms are defined elsewhere in this Declaration as follows: Term Section Defined Covenants Declarant Declaration Preamble 2. PROPERTY SUBJECT TO THIS DECLARATION. The property which shall be held, conveyed and occupied subject to this Declaration is legally described as follows, to-wit: Lot 1, Block 1, RAND C FIRST ADDITION, Scott County, Minnesota, according to the recorded plat thereof. 3. COVENANTS FOR INSURANCE. (a) Maintenance of Insurance by Owners. Each Owner of a Lot, including the Declarant, by acceptance of a deed or other conveyance therefor, whether or not expressed in such conveyance, covenants to obtain, maintain and timely pay the premium on a policy of fire, extended coverage, vandalism and malicious mischief with all-risk endorsement insurance. The insurance shall cover a minimum of the entire replacement cost of the Living Unit located on each such Lot. The insurance policy shall name the Owner of the adjoining Living Unit as an additional insured, and such OWner shall be given at least thirty days prior written notice of any cancellation, substantial modification or non-renewal of the policy. (b) Repair of Living Unit After Insured Loss. If any Living Unit is destroyed or damaged by causes covered by the insurance in Section 3(a), all insurance proceeds shall be paid to the Owner and the first Mortgagee of the Living Unit. The insurance proceeds shall be applied and administered as follows: (i) The insurance proceeds shall be deposited by the Owner and the first Mortgagee in escrow with a mutually acceptable title insurance company to be held and disbursed as provided herein. (ii) The Owner of the destroyed or damaged Living Unit shall, within thirty (30) days after the insurance proceeds are deposited with the title insurance company under Section 3(b)(i), enter into a firm contract with a qualified builder for the restoration of the Living Unit to substantially the same condition as existed -2- immediately prior to the loss. However, no contract shall be entered into by the Owner for an amount in excess of the insurance proceeds then held by the title insurance company for the Living Unit until additional funds sufficient to pay all construction costs, as determined by the title insurance company, are deposited in escrow by the Owner. The first Mortgagee shall have the right, but not the obligation, to deposit the additional funds in excess of the insurance proceeds that are necessary to permit restoration. The restoration shall be commenced and completed with due diligence and in no event shall the contract provide for a completion date later than one hundred eighty (180) days after execution of the contract. (iii) If the Owner of the destroyed or damaged Living Unit fails to enter into a contract for the restoration of the Living Unit as provided in Section 3(b)(ii), or if the restoration is not commenced or completed as provided in Section 3(b)(ii), the first Mortgagee of the destroyed or damaged Living Unit or the Owner of the adjoining Living Unit, with the consent of the first Mortgagee of the destroyed or damaged Living Unit, shall have the right, but not the obligation, to enter into those contracts deemed necessary to complete the restoration and to have the insurance proceeds applied in satisfaction of any obligations incurred under such contracts, without liability of any kind to ' the Owner of the destroyed or damaged Living Unit, (iv) Disbursement of the funds on deposit under Section 3(b)(i)' for restoration contracts entered into under Sections 3(b)(ii) and (iii) shall be made by the title insurance company, subject to the following: (aa) Section 5 entitled "Architectural Control" shall apply to the restoration. (bb) The prior receipt by the title insurance company of written consent of any.party holding a lien on the Living Unit. (cc) The prior receipt by the title insurance company of such sworn construction statements, lists of subcontractors, lien waivers and receipts as it shall determine to be appropriate. Disbursement may be by periodic or progress payments, and the title insurance company may make such inspections and withhold such payments as it deems necessary to insure completion in compliance with the plans and specifications. The title insurance company shall be entitled to charge, and the Owner of the damaged or destroyed Living Unit shall pay, a reasonable fee for the services rendered by the title insurance company. -3- (dd) If a contract is entered into under Section 3(b)(ii), the written consent of the Owner to the disbursement. (v) If a restoration contract is, for any reason, not entered into under the provisions of Sections 3(b)(ii) and (iii) within one hundred eighty (180) days after deposit of the insurance proceeds for a destroyed or damaged Living Unit with the title insurance company, the title insurance company shall disburse the insurance proceeds to the Owner and each Mortgagee of the Lot, as their interests may appear. (vi) Nothing contained in this Section 3(b) shall be construed to make the first Mortgagee or any other person other than the Owner of the destroyed or damaged Living Unit responsible for collection or noncollection of any insurance proceeds. Such first Mortgagee or other persons shall be responsible only for the insurance proceeds which come into their hands. The Owner of the destroyed or damaged Living Unit shall collect or cause to be collected from the insurance carrier involved, the proceeds of the policy covering his Living Unit for deposit with the title insurance company as aforesaid. (c) Waiver of Subrogation. To the extent permitted by the standard Minnesota form of fire and extended coverage insurance with all-risk endorsements and to the extent benefits are paid under such a policy, the Owner of each Lot or Living Unit upon the Property does hereby release the Owner of the adjoining Lot or Living Unit from all claims for damage or destruction of their respective physical properties if such damage or destruction is covered by the standard Minnesota form of fire and extended coverage insurance. (d) Priority Over Insurance Proceeds. No provision contained in this Declaration shall be construed to give, nor shall any Owner have, priority over any first Mortgagee with respect to the distribution for or on behalf of any Lot of any insurance proceeds. The distribution of insurance proceeds for any reason whatsoever shall be made to the Owner only after securing in each individual case the specific consent to such distribution by the first Mortgagee of the Lot. 4. PARTY WALL. (a) General Rules of Law to Apply. Each wall which is built as part of the original construction of any Living Unit on the Property and which is used as a wall in connection with the construction of any other Living Unit, shall constitute a party wall, and to the extent not inconsistent with the provisions of this Section 4, the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply thereto. -4- (b) Share of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be paid equally by the OWners who are using the wall at the time of completion of such repair and maintenance. (c) Destruction or Damage. If a party wall is destroyed or damaged by any cause, any OWner who has use for the wall may restore it, and shall have an easement upon the adjoining Living Unit for such restoration. If any other Owner thereafter makes use of the wall, he shall 'contribute to the cost of restoration in proportion to such use without prejudice, however, to the right of the Owner making the restoration to call for a larger contribution from the other under any rule regarding liability for negligent or willful acts or omissions. (d) Weatherproofing. Notwithstanding any other provision contained in this Section 4, any OWner who, by negligent or willful act, causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements and repairing any resulting damage. (e) right of any this Section such OWner's Right to Contribution Runs With the Land. The Owner to contribution from any other OWner under 4 shall be appurtenant to the Lot and shall pass to successors in title. 5. ARCHITECTURAL CONTROL. (a) Restrictions Applicable to, Replacement and Restoration. The Owner of a Living Unit shall replace or repair the exterior components of his Living Unit with similar components of the same design, quality and color, and shall paint or stain the exterior of his Living Unit with paint or stain of the same quality and ~olor of the existing exterior. Such Owner may not, either in the course of ordinary replacement, remodeling or restoration after damage or destruction, employ different siding or roofing material or a different color scheme without the consent of the Owner of the adjoining Living Unit. (b) Restrictions Applicable to Exterior Improvements. Except for improvements or alterations by the Declarant or a successor developer, no building, fence, wall, walkway, patio or other structure shall be commenced, erected or maintained upon any Lot; nor shall any exterior addition, change or alteration be made to any Living Unit; nor shall any shrubs, trees or bushes be placed within a Lot or any thing of a permanent nature be placed, planted or constructed within a Lot, exterior to the Living Unit thereon, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to, and approved in writing as to harmony of external design and location in relation to the surrounding structures and topography by, the OWner of the adjoining Living Unit. If the OWner of the adjoining Living Unit fails to approve or disapprove the design and location within thirty (30) days after submission of the plans and specifications to him, or in the event that no -5- action to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Section 5(b) shall be deemed to have been fully complied with. The prevailing party in an action brought by the Owner of the adjoining Living Unit under this Section 5(b) shall be entitled to recover from the other party reasonable attorney's fees and costs incurred in connection therewith. (c) Commencement of Action to Enjoin Addition or Change. The failure to submit plans and specifications to the Owner of the adjoining Living Unit under Section 5(b) shall constitute grounds for an action to enjoin any such addition, alteration or change, provided that the action for injunctive relief is commenced prior to the completion of the addition, alteration or change. 6. EXTERIOR MAINTENANCE. (a) General Maintenance Obligation, Each Owner shall maintain, in good condition and repair, his Lot and all exterior improvements thereon, including, but not limited to, the exterior building surfaces, roofs, gutters, downspouts, walkways, driveways, patios, fences and individual utility installations on or serving his Living Unit. If an Owner fails to perform his obligations under this Section 6(a), or if the need for repair or maintenance is caused by the negligent or willful acts or omissions of the Owner, and upon ten (10) days written notice to such Owner, the Owner of the adjoining Living Unit shall have the right, but not the obligation, to enter the Living Unit of the defaulting Owner and make or perform the repairs or maintenance. In such event, the defaulting Owner shall immediately reimburse the Owner of the adjoining Living Unit for all amounts expended or incurred in making the repairs or maintenance, together with reasonable attorney's fees and costs of collection thereof. (b) Common utilities Maintenance Obligation. If any of the Lots are served by common utility lines, the cost of the reasonable repair, maintenance and restoration of such common utility lines shall be shared equally by the Owners of the benefited Lots. If any common utility line needs repair or maintenance and any Owner fails or refuses to participate in the cost thereof, any other Owner shall have the right, but not the obligation, after reasonable notice to such Owner, to enter upon and make or perform the necessary inspection, repairs and maintenance to the common utility line. In such event, the Owner making or performing the inspection, repairs or maintenance shall be entitled to contribution from any nonparticipating Owner for the proportionate share of the amount expended or incurred therefor, together with reasonable attorney's fees and costs of collection thereof. (c) Access for Emergency Repairs. In case of an emergency originating in or threatening any Lot or Living Unit,. the Owner of the adjoining Living Unit shall have an immediate right of entry onto the Lot or Living Unit of the other Owner. -6- The Owner of the adjoining Living Unit, in making such entry onto such Lot or Living Unit, shall use reasonable care to avoid unnecessary damage to the entered Lot or Living Unit. Any cost or expense incurred to remove the emergency condition shall be the obligation of the Owner of the entered Lot or Living Unit, who shall indemnify and hold the entering Owner harmless from any and all liability therefor. All such entries shall be made and done so as to cause as little inconvenience as possible to the Owner of the entered Lot or Living Unit. 7. EASEMENTS AND RIGHT OF LATERAL SUPPORT. (a) Uninten- tional Encroachment Easement. If the centerline of the party wall between the Living Units is not coincident with the dividing line between the Lots upon which the Living Units are constructed for the length of the party wall, or if any other portions of a Living Unit encroach upon the adjoining Lot because of settling, or shifting of the building or other cause, then the Owner of the Lot with the encroaching Living Unit shall have an easement over the adjoining Lot for such encroachment so long as the encroachment shall exist. . (b) Utility Easement. The title of each Owner to his Lot shall be subject to an easement for any common utility installations to the extent they encroach upon his Lot, and each Owner shall have an appurtenant easement for any common utility installations to the extent they encroach upon adjoining Lots. (c) Owner's Right of Lateral Support. Each Owner shall have the right to lateral support for the Living Unit on his Lot. (d) Duration of Easements and Owner's Rights. The easements and right of lateral support'created hereby shall be appurtenant to and pass with the title to each Lot. (e) Restoration Obligation. All inspections, repairs or maintenance to the utility systems on the Property shall be made or performed so as to minimize damage to the Lots, which shall be restored to their original condition promptly upon completion of the work by the OWner causing the damage. 8. BUILDING AND USE RESTRICTIONS. (a) Residential Use. Each Lot shall be used for residential purposes only, except the Declarant may maintain a model Living Unit and management and sales offices on the Property. (b) Animals and Pets. No animals, livestock or poultry of 'any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, if they are not kept, bred or maintained for any commercial purpose. (c) Signs. No sign of any kind shall be displayed to the public view on any Lot, except a "For Sale" or "For Rent- sign may be displayed, and the Declarant may maintain such signs as it deems appropriate to advertise the Property for marketing purposes. -1- (d) storage or Disposal of Garbage. Garbage, rubbish and trash shall not be kept on a Lot except in sanitary containers. All incinerators or other equipment used or kept for the storage or disposal of such material shall be kept in a clean and sanitary condition. (e) Improper Activities. Nothing shall be done or kept on any Lot to increase the rate of insurance on any adjoining Lot. Noxious, destructive, or offensive activity or any activity constituting a nuisance shall not be carried on in an Lot. Each Owner shall refrain from any act or use of his Lot which would cause unreasonable embarrassment, discomfort or annoyance ~o the other Owners. (f) Unauthorized Residences. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other building shall be used on either Lot at any time as a residence, either temporarily or permanently. (g) Improvements. No improvement or structure whatsoever, other than the Living Units and any garage, fence, patio, walkway, driveway or other structur~ accessory to the Living Units as originally constructed or as approved under Section 5 may be erected, placed or maintained on the Lots. The term "improvement" shall include, but not be limited to, exterior modifications to a Lot, the exterior lighting of a Lot, exterior art work and sculptures placed on a Lot, and the painting of any part of a Lot. (h) Exterior Storage. All sporting equipment, toys, outdoor cooking equipment (except permanent installations), and other equipment and supplies necessary 9r convenient to residential living shall be enclosed or shall be screened .from view.' No Lot shall be used for the storage or materials not customary to, or necessary and convenient for, residential living. Exterior antenna shall not be placed on any Lot without the approval of the Owner of the adjoining,Living Unit. 9. GENERAL PROVISIONS. (a) Mechanic's Liens. Each Owner agrees to indemnify and hold the OWner of the adjoining Living Unit harmless from any mechanic's liens arising from work done or material supplied to make repairs, replacements or improvements on the Lot or Living Unit for which such Owner is responsible. (b) Duration of Covenants. These covenants shall run with and bind the Property and shall inure to the benefit of, and be enforceable by, the Owner of any Lot subject to this Declaration, and his respective heirs, devisees, legal representatives, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded with the Scott County Recorder, after which time these Covenants shall be automatically renewed for successive periods of ten (10) years. -8- . . (c) Amendment. This Declaration may be amended with the written approval of at least sixty-seven percent (67') of the OWners and first Mortgagees and, if still an Owner, the Declarant. Any amendment to this Declaration shall be made in recordable form and shall be effective on the date that a duly . executed copy thereof is recorded with the Scott County Recorder. (d) Enforcement. Any Owner shall have the right to enforce these Covenants by any proceeding at law or in equity, or both, against any person violating or attempting to violate the Covenants to restrain such violation and recover damages resulting from such violation. The failure of an Owner to enforce these Covenants shall not be waiver of the right to do so thereafter. (e) Lien Rights. Any Owner who claims a right to a contribution or reimbursement for repair, maintenance, restoration or protection of the Lot or Living Unit of another Owner shall have a lien on any Lot benefited by such repair, maintenance, restoration or protection from the date of recording a Notice of Lis Pendens describing the claim and the benefited Lots. However, no lien shall be effective against any bona fide purchaser or lienor for value of any such Lot who records his conveyance or the document evidencing his lien prior to the recording of the Notice of Lis Pendens. The lien created by this Section 9(e) may be foreclosed in a like manner as a foreclosure by action of a mortgage on real property. (f) Miscellaneous. The singular may be read as the plural, and plural may be read as singular, wherever appropriate, and unless the context indicates to the. contrary. (g) Gender. The masculine gender may be read as the feminine gender or as the neuter gender, wherever appropriate, and unless the context indicates to the contrary. (h) Joint and Several Liability. The obligations of the Owners of any Lot shall be joint and several, except where the context otherwise requires. (i) captions. The captions are inserted only for convenience and reference and do not define, limit or describe the scope of this Declaration or the intent of any provisions thereof. (j) Severability. The invalidation of any provision this Declaration shall not effect any of the other provisions herein, which shall remain in full force and eff~ct. EXECUTED IN WITNESS HEREOF this (,~) day of )Jfti.t~l ,1993. ~~~~~- /I-.f-. J/ /.' )~I :..-,L-, <--_Ice C-.-aC L' // I /, ~ir.I/.'" 'f'_..L-" -9- CAROLE A. MERTENSC , , . STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this . ,: ': day of )11(,: 1< k, 1993, by ROBERT D. MERTENS and CAROLE A. MERTENS, husband and wife. This instrument was drafted by: HUEMOELLER & BATES Attorneys at Law 16670 Franklin Trail Prior Lake, MN 55372 "J . . ~li' :L (J) ,/) ..J.. - ",,).' I" \ I .. ~ 7t".. . ".1 - ;.../( :-:'..-.<' ,r (.', Notary Pqblic .../ (/ -,IWt/IN@u;r_NHI',- NOTARY PU8lIC-MINNESOrA SCOTT COUNlY My ~mmlssion Expires June t 1994 . ~. -10- 6-1-1 6-1-3 CHAPTER 1 GENERAL PROVISIONS SECTION: 6-1-1 : 6-1-2: 6-1-3: 6-1-4: Title Purpose Administrative Plat Compliance 6-1-1 : TITLE: These regulations shall be known and may be cited as the Prior lake Subdivision TItle. 6-1-2: PURPOSE: The process of dividing or subdividing land into home sites, or parcels for other uses, is one of the most il11)Ortant factors in the growth of Prior lake. Few activities have a more lasting effect upon the City's appearance, environment and general public impression. Once the land has been subdivided and streets. homes and other general improvements completed, the basic character of this pennanent addition to the community becomes firmly established. When the developer has completed the subdivision process and improvements are installed, it becomes the City's responsibility to maintain the streets and roads and provide various other public services. As a result, the welfare of the entire comlTlJnity is affected in many inl>ortant respects. This Chapter is therefore adopted to establish minilTlJm standards to aid developers and the general public and to ensure that subdivisions are conceived, and designed to contribute toward an attractive, wholesome, orderly and safe comlTlJnity. The right to develop should not be taken lightly. The goal is to view the development process as an obligation to contribute an attractive, stable, and safe subdivision for future owners and moreover, for the existing residents of Prior lake. (Ord. 87-10, 8-17-87) 6-1-3: ADMINISTRATIVE LAND DIVISION: The City Manager or representa- tive may authorize subdivision approval upon finding: (A) The division will not result in more than three (3) parcels. (B) The property to be subdivided was a lot of record in the office of the County Recorder of Scon County prior to March 18, 1974, or is a lot which is part of a plat which has been legally recorded with Scott County. 58lI 6-1-3 6-1-4 (C) All newly created lots must meet the minimum standards of the Zoning District in which they are located and the resulting parcels must generally conform to the Shape and area of existing or anticipated land subdivisions in the surrounding areas. (D) The division will not cause any structure on the land to be in violation of the Zoning Ordinance. (E) Any easements which may be required by the City must be granted. (F) The owners of land contiguous to the parcel must be notified in writing and no written objection received within ten (10) days following notification. (G) Appeals: Any written objection shall constitute an appeal. Such an objection shall be fOlWarded to the City Council who shall hear the objection and decide the matter. Prior to making a decision the Council may request the Planning Commission to review the matter and make recommendations. (H) Variances filed with an administrative land division may be considered by the City Council, without prior review by the Planning Commission, provided a hearing is conducted by the City Council. (Ord. 88-23, 12-19-88) 6-1-4: COMPLIANCE: Except as provided in Section 6-1-3, no land shall be platted, subdivided, rearranged, developed or improved in any way which is not in conformity with these regulations. All subdivisions of land hereafter l' submitted for approval shall fully comply, in all respects, with the regulations set forth herein. (Ord. 87-10, 8-17-87) 589 NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION DATE MAILED: March 18, 1993 The Prior Lake Planning Department has received an application from John B. Mahone~ of 17276 Murphy Lake Blvd. to consider an administrative land d~vision within the existing plat of R & C First Addition. The proposal is to split Lot 1, Block 1 as per attached survey, in order to allow each twin home unit to be sold to individual property owners. Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the city Manager or representative to authorize subdivision approval without a public hearing under the following circumstances: 1. The division of 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 sha~e and area of existing or anticipated land subdivisions ~n 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 obiection received within ten davs followinq notification. 7. An~ written objection shall constitute an appeal. Such an ObJection shall be forwarded to the City Council who shall hear the objection and decide the matter. A copy of the proposed administrative land division and location map are attached. Please accept this as official notification of this proposed administrative division. Written comments or objections regarding this matter should be submitted to the Planning Department by Monday, March 29, 1993. A variance application has been filed with the administrative land division application. A copy of the variance notice is attached for your reference. Because a variance is requested, the matter will be heard by the Prior Lake City Council on Monday, April 5, 1993 at approximately 7:35 or shortly thereafter. If you have questions regarding this matter, contact Deb Garross at 447-4230. S7O;JJ~ Deb Garross Assistant City Planner Enclosure 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447.4245 AN EQUAL OPPORTUNITY EMPWYER * REVISED NOTICE * REVISED NOTICE * REVISED NOTICE NOTICE OF HEARING FOR LOT AREA vlU(~AdCE You are hereby notified that a hearinq will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: Monday. April 5. 1993 PURPOSE OF HEARING: SUBJECT SITE LOCATION: REQUESTED ACTION: at Approximately 7:35 P.M. To consider a variance and administrative subdivision for John B. Mahoney. Lot 1, Block 1, R & C Addition. The applicant has requested that Lot 1, Block 1, R & C Addition be divided into two tracts as shown on the attached survey reduction. The purpose for the split is to enable each unit to be sold separately as owner occupied units. The site is zoned R-2, Urban Residential which allows duplex units to be built as a permitted use. The minimum lot size for a duplex is 12,000 square feet. In order to sell each unit to an individual property owner rather than use the duplex for rental purposes, the applicant requests permission to split the property into two lots. The minimum lot size for a sin~le family lot in an R-2 Zone located w1thin 1000 feet of the lake, is 10,000 square feet with 60 feet of lot width. Corner lots are required to be 20% larqer which would require 76' of lot width and 12000 square feet of lot area. In order to split the lot as proposed, the applicant requests that the City grant the following variances: 1. 1,015 square foot lot area variance for Tract A. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPWYER 2. ;UP ii:de yard setback variance for Tracts A and B to allow a zero lot line setback. for the duplex unit. 3. 2,192 square foot lot area variance for Tract B. 4. 3.37' lot width variance for Tract B. If you desire to be heard in reference to this matter, you should attend this meetin9. Oral and written comments will be accepted by the City Counc11. For more information, contact Deb Garross, Prior Lake Planning Department at 447-4230. Prior Lake City Council DATE MAILED: March 26, 1993 " BrAFF" ~ITY OF PRIOR LAKE PLANNIR; DEPARIMENr PmJEcr' RE.VlEH .t<r.llJRD DI ~.r.tUBt1l'E TO : _X_CITY MANAGER ASsr. \...J:J:f MANAGER _X_CITY EN:;Th~J:.i.t{ _X_CITY FINANCE _X_CITY PARKS _X_CITY PLANNER V.LnJ:.i.t{ _X_BUILDIR; OFFICIAL _X_PUBLIC woms _X_CITY A'I'IDRNEY roLICE aUEF _X_DNR _CDUNrY HIGIfiAY MNOOT _X_NSP _X_i.':1...\J'.L.l. RICE _X_MINNEGA9D _X_MN VALLEY ELEX:: _X_WA:1.'~~ DATE DI.,'.L..tUo{]l'ED: March 18, 1993 RE.VIEH DFADLINE: April 2, 1993 PmJEcr' RE.VIEW ME:m'IOO: YES _X_OO DATE: APPLICATION FOR: _X_AIMIN PLAT PRELIMINARY PLAT FINAL PLAT K.S lI.LnJ:.i.t{ POD REZONIID UJlW USE _X_VARIANCE APPLICANT: John B. MaJ:x>nev .t'I1Ulm: 447-3360 Auu.t<ESS: 17276 Murohv Lake Blvd., Prior Lake, MN 55372 <DNrACl' PERroN: John B. Maponev PHONE: TIME: VACATION HCME ocaJPATION aJ.1P PLAN AMEND EIS/EAW PmJEcr' ROOUESl': To divide Lot 1, Block 1, R & C First Addition into two tracts as ,mODOsoo on the attached survev reduction. A lot width and lot area variance is Deeded for Ttact B: a lot area variance is needed for Tract A. See attached nublic notices f9r reference to the snecific variances reauested. .,~'.L'~ LEGAL DEOCRIPl'ION:. Lot 1, Block 1, R & C First Addition. PID: 25-278-001-0 ZONIOO: R-2/ S-D aJ.1P PLAN USE: Moo. Den. Res. CITY COOCIL RE.VIm DATE: Anril 5, 1993 4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245 AN EQUAL OPPORTUNITY EMPlDYER VARIANCE CHECK LIST "VARFM" SUBJECT SITE: APPLICANT: L/,. f3 /1 .~,; C .~I- ~ 7M.(j/I /1Ja}1 f/)~ . clEeK SCHEDULE HEARING DATE: DNR NOTICE IF SHORELAND: PREPARE AREA MAP: APPLICANT NOTICE: PROPERTY OWNERS NOTICE: NOTICE TO DOUG - ENGINEERING NOTIFY OTHERS: Scott count! Watershed D strict I~ ~ ~ v- ...,.., ...--' a/' COMMISSION AGENDA PA~~TS: Staff Memo Application Form Copy of Public Notice 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 BLD. INSPECTOR ASSIGN FILE NUMBER: AMEND VARIANCE SUMMARY SHEET: ADD PE~IT TO PROPERTY MGMT: FILE BY: File f: Legal: FILE SHOULD CONTAIN: VA Staff Memo Original Application Copy of Notice to OWners Planning Comm. Minutes Other Information ~ v ,/' t/ V- ~ Applicant: Address: DATE TASK COMPLluJ:.D 4-'5-13 q.- / t'J ~ - If( ~- I j' ~- )~ .;.(- n< ~"1JU"~. Other Applicable Maps Copy of Parcel Info. Other Applicable Info. ~-9 f-(p 4/C, /&J 13- rL q/ ;){J --c;~ 4-/)tJ -q~ Applicable Maps and Documents Copy of Public Notice Correspondence Council Minutes if Applicable ~~ ~ -:;48 : . I',e:,a., D,. llip~,yy . OltAlNleE" UII'Y.../ <>.~.~. . 5SS.2S'ZS"E ,--'3"4. '4..- '0 .....:' --- .~ I . I I !! laJ: :>1 ;Z' l&Ji :s~ ~; ~ A sq. It, 10 , , 4\ ~ l , . ~ TRACT S/lS5 ~).:'; ~. -, .~ :'-:~j" : ... , I I , " . L__.,.: :& ~c:.n- ''',~ iIi~ I ._, . Ii 'ij;5~~,f -.... . 1:C:,IL~ ~ i ~.".,! &. I I <t : " , I , -t I I ~ ~ i , I I I 1 i j ~ U,.TI",. 'b;~" ~ .'.'~~;'~ ;'r~ :~-'..~--~-'- "..~ -'~~~.' ./. "' '11 ,[ ,....-.. '''' ,. ,- , Ii,., ",' " . "., .~;,. , i . ,.; _:.';.:,.,' . ;'. I _.' ".. 011' ' ~ " , ' ,.. , ': -.. .'" I < ", " I '-:.." ;r";",,' i ....."." '. : ~ ',,:~ - . , ._I.33.".u He,";SI' 31"E TWW,' _ ~; , s i TRACT sq. If. ; 9,SOS , "',-.: .... "'- . .- I ~_- :r A : ':~~,'::',: ~:i~~., .,' , . I \ \ I " ' ".f " ,..-;.' .,...... ~ t '.. ~r.t..:'... "'......... ~".:~ :,;>." -.,a 'l""tilIIlw- LOri' '0 . ':~ ~,. ", .....~q~.~ --4~if.J"'_. NSS-ZS'ZS"W fie.'. II s..,. "'" o - ..,,~ 2 i ~ f' .( t I CATES UN. ... H i .... ..0... ,~', t1E~ T .. i. ! .... -- - liar.. 'J( I \ \ ,'., /0 i oj . I , t'IIOf ---- I I .~ l,,-IQ;-:,_ - ' · 1 l If)_ I "~i ci~.: ! _ li I~- lcn~ '1 ! : '" '" .. .. . I J 10 Is" ". l.: ,j , I, ,", , v..-~:. ',' :, - - - ..., _ CDIt~;;- ." &..or I . Y,C.~L, .,.,.. oW ~ 10 D~RIP1ION :tRACT' A. .: . 1'hat.pari'.:Of 'Lot '1,"1ho~lt.1;'it:J>>D'C rfasT~ri~dN; ~ott:co~tt, 1l~etio~'IY1~ nqrtberly' of the f91~owin&'de.oribed ~e. . . , . ", .:. .~... "..,' ,~ :..,.' ,.J'." , "!3eC'ti\illiia:' iit-. ~po:W","Oft' tia'. '..at line' otaa14 'Lot, 11, di~tant 68.63 :feet north of :the sOuth.eat corner ot said Lot 1;. thence easterly tb a point on the east line of said Lot 1, ci1s~t ,77 ~9!!. fee.t .!lP-:~of, the;\_outheaat, , Qorner and, there terlDinating" , . , ,..~ . it'., ' , ". , ''',f" DESCRIPTION TltACT. ih"" t 1 ! . - ,.. ~. .' . t., '., ," That part of Lot' f; Block 1', R 'ANn C FIRST ADDITION, "Soott'CoUnty, Mindesota lying southerly of the t9l1~w1Qg described line. B8ginningat a point op",th. .e.t' line of scit14 Lot 1,' dls1;an'ti':68.63 feet north of the southwest oorner of said Lot 1; tb~noe"..asterly 1;0' ." point.' on the east line of said Lot 1, distant 17.')5 "feet north,; of .~he' so~theast' corner and there terminating.