HomeMy WebLinkAbout8A - Hillcrest Homes
STAFF AGENDA REPORT
DATE:
8A
JENNITOVAR,PLANNER
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION 98-XX APPROVING ADMINISTRATIVE
SUBDIVISION WITH VARIANCES FOR HILLCREST
HOMES ON PROPERTY DESCRIBED AS LOTS 40, 41
AND 42 RED OAKS
APRIL 6,1998
AGENDA #
PREPARED BY:
SUBJECT:
INTRODUCTION:
Hillcrest Homes submitted an application for an
administrative land subdivision which includes a variance to
lot area. Administrative land divisions are approved
administratively if there are no variances or if there is no
written appeal received within 10 days of notification. Since
this request includes a variance, the Council must review
the application. Following a public hearing, the Council may
decide to hear the request now, and act upon it. As an
alternative, the Council may refer the item to the Planning
Commission for input following the public hearing (see
Exhibit A). The public hearing notice (attached) has already
been mailed indicating that the Council will conduct a public
hearing on April 6th.
ANAL YSIS:
The applicant is proposing to combine three substandard
existing lots of record to create two lots for the future
construction of two single family dwellings. The lots are Lot
40, Lot 41 and Lot 42 of Red Oaks and are in separate
ownership. Red Oaks was platted in 1930 (Exhibit B). A
single family dwelling is located on Lot 41 which will be
demolished. Existing lot attributes are as follows:
Lot 40: 49' Lot width 7,026 square feet above 904 el.
Lot 41: 48' Lot width 7,649 square feet above 904 el.
Lot 42: 68' Lot width 13,497 square feet above 904 el.
There is an existing house on Lot 41. Lots 40 and 42 are
vacant. City Code allows for existing lots of record to be
buildable if the minimum lot width is 50 feet and the
minimum lot area is 7,500 square feet. If the lot width or
area are less than that, then a variance must be granted to
be buildable. Upon review of such variance, reasonable use
of the existing lots are determined along with hardship
criteria. If the lots were to develop as three separate lots,
the following variances would be required:
L:\98FILES\98ADPLA 1\98-033\98-033CC.DOC ~g\: I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6L~) q47-4245
AN EQUAL OPPORTUNITY EMPLOYER
Lot 41: Lot width.
Lot 42: OHW setback.
The attached Exhibit B shows how the lots could be
developed as three separate lots with variances.
The petitioners request is to combine the three lots to two
lots. The attributes of the two lots as requested is:
Lot 1 (north lot): Lot width 94.79 feet
Lot area 14,120 sq. feet above 904 el.
(880 square foot variance)
OHW width 263.05 feet
Lot 2 (south lot): Lot width 71.28 feet
(18.72 foot variance)
Lot area 9,810 sq. feet above 904 el.
(5,190 square foot variance)
OHW width 85.7 feet
The proposed Lot 1 (north lot) will meet lot width and OHW
frontage. A variance to lot area is being requested. The
proposed Lot 2 (south lot) will meet the requirements as to
OHW frontage, but needs a variance to lot width and lot
area. Setback variances are not being requested for either
lot. Exhibit C shows the building pads of the proposed lots.
The elevations of the proposed structures do not meet the
recently adopted flood requirements and the applicant is
aware of the required flood protection elevation of 909.9'
MSL.
Red Oaks Addition was platted with access to Lots 38-42 via
a 20 foot publicly dedicated road. The road has never been
built. The current access is a private drive, partially paved,
serving the two existing structures on Lots 38 thru 41. The
drive is located partially within the dedicated roadway and
partially on private property. The City does not maintain the
road because it does not meet City standards and is partially
located on private property.
Access for the proposed two lots can be achieved one of
two ways:
· Via a private driveway easement for the existing drive
(over Lots 38 and 39) and completed construction of the
bituminous drive to serve the two proposed lots.
or
· By construction of the road as shown on the original plat.
Because private streets are only allowed under PUD's and
must meet City standards, the applicant is not proposing to
L:\98FILES\98ADPLA 1\98-033 \98-033CC.DOC
Page 2
replat the property to include a new private street. The
width of the road and current City standards make this an
unviable option. Rather, the applicant is proposing to utilize
the existing publicly dedicated road for access. Because the
existing dedicated road is substandard and is not
constructed, a "Private Use Of Public Property" agreement
must be executed and recorded with the new lots (attached).
This will allow the petitioner to construct a driveway access
across the dedicated road right-of-way to provide access to
the proposed lots. This driveway cannot meet current City
standards so it will not be maintained by the City. The end
result is a private driveway on public right-of-way
constructed and maintained by private property owners.
The agreement requires the property to remain open for
public use.
Considerations for constructing this road include a minimum
elevation of 907.9 feet. A portion of the dedicated right-of-
way is within the flood plain and below the Ordinary High
Water (904') elevation. Therefore, fill must be used to
elevated the drive. Exhibit A indicates the location of the
dedicated drive and the width available for construction of
the road above the Ordinary High Water elevation (904').
Approximately 12 feet of the dedicated 20 feet is above the
904 elevation.
The Tree Preservation Ordinance also applies to these lots.
Tree preservation plans will be required at the time permits
are issued.
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in
undue hardship with respect to the property.
This criteria goes to whether reasonable use can be
made of the property if the Ordinance is literally
enforced. Considering the lots are separate lots of
record, reasonable use of the property cannot be made
without four variances. As proposed, three variances
are being requested. The applicant is proposing to
reduce the non-conformity of the three lots by re-platting
the property.
2. Such unnecessary hardship results because of
circumstances unique to the property.
The unique circumstances are the location of the lots on
a peninsula and the platting of the property prior to the
establishment of the shoreland regulations. Considering
that those are existing conditions created in 1930 and
L:\98FILES\98ADPLA 1\98-033\98-03 3CC.DOC
Page 3
they cannot be altered to meet the ordinance
requirements, hardships do exists for lot area and lot
width.
3. The hardship is caused by provisions of the
Ordinance and is not the result of actions of persons
presently having an interest in the property.
The lot width and area are hardships that are not the
result of the applicant's actions. The property was
platted in 1930 as three lots. Four separate variances
would be necessary to build and make reasonable use
of the property. The applicant is proposing to reduce the
number of lots anOlhus reduce the exiting non-
conformities. The hardship is caused by provisions of
the ordinance and not the result of the petitioners
actions.
4. The variance observes the spirit and intent of this
Ordinance, produces substantial justice and is not
contrary to the public interest.
Considering the three lots are existing lots of record,
they could be built upon separately. All of the existing
three lots are substandard, however two of the three lots
cannot be built upon because each lot lacks at least 50'
in width measured at the front yard setback and is less
than 7,500 sq. feet in area. The applicant is proposing
to combine the three lots, reducing the non-conformity of
the lot width, area and OHW width as much as possible.
Staff feels that the existing lots, platted prior to the
implementation of the Shoreland Ordinance, present
hardships that are unique to the property and under no
control of the applicant. The proposed combination of three
substandard lots is in the best interest of the public. Staff
recommends approval of the variance and the administrative
land division with the following conditions:
1. A private easement be obtained for use of the existing
driveway across Lots 38 and 39 and construction of the
bituminous drive be continued to serve the proposed
lots;
or
A "Permit Agreement For Private Use Of Public
Property" be executed for the construction and use. of
the road prior to the issuance of a building permit for
either proposed house.
2. A separate grading permit will be required for
construction of the private drive.
L:\98FILES\98ADPLA 1\98-033\98-033CC.DOC
Page 4
.~ 1IIIJ ...
ALTERNATIVES:
RECOMMENDATION
ACTION REQUIRED:
REVIEWED BY:
3. The existing structure be remove prior to City approval
and recording of the new warranty deeds. This will
eliminate a structure being located over a lot line in the
event the proposed development is not completed.
4. Dedication of drainage and utility easements along
interior lot lines is also required.
Notices of the administrative lot division and variance
request were mailed on March 6, 1998. Attached are two
letters raising issues about the proposed development.
1. Following the public hearing, City Council could make a
decision regarding the variance request and
administrative subdivision.
2. Following the public hearing, the City Council could
refer one or both of the requests to the Planning
Commission for input or request that the Planning
Commission hold a public hearing on the variance
request.
In the absence of receiving significant new input from the
public hearing then Alternative 1 would be appropriate. If
new information or questions arise, then the Council may
wish to pursue Alternative 2.
If the Council wishes to act upon the petition, a motion and
second to adopt Resolution 98-XX approving the variance
requests and Resolution 98-XX approving the administrative
PlatiS~J t ~
L:\98FILES\98ADPLA 1\98-033\98-033CC.DOC
Page 5
RESOLUTION 98-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL A..:.t .....OVING IJ::lE
ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES
MOTION BY:
SECOND BY:
WHEREAS: notice of the said administrative plat has been duly published and posted in
accordance with the applicable Minnesota Statutes and Prior Lake Ordinances;
and
WHEREAS: all persons interested in this issue were afforded the opportunity to present their
views and objections related to the administrative plat for the record at the City
Council hearing; and
WHEREAS: the City Council has reviewed the administrative plat according to the
applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said plat to be consistent with the provisions of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for administrative plat
approval of Lots 40, 41 and 42, Red Oaks as described in Exhibit A (attached),
for Hillcrest Homes on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY TJ::lE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for
the combination of Lots 40, 41 and 42 Red Oaks into two lots as described and shown in attached
Exhibit A (survey) with the following conditions:
1. A private driveway easement be obtained and recorded for use for the existing private drive
located on adjacent Lots 38 and 39 Red Oaks and construction of the bituminous drive be
continued to serve the proposed two lots;
or
A "Permit Agreement For Private use of Public Property" be executed and recorded for the
construction of a private drive on the publicly dedicated roadway.
2. A separate grading permit will be required for construction of the driveway. A tree
preservation plan will be required as part of this permit.
3. The existing structure on Lot 41 must be removed prior to City approval of the warranty
deeds for the new lots such that the structures is not located on two separate lots.
1:\98files\98adplat\98-033\ccres.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
4. Five foot drainage and utility easements be granted along the interior lot lines. This must be
shown on a revised survey and a legal description drafted and appropriate documentation
recorded.
Passed and adopted this 6th day of April, 1998.
YES
NO
Mader
Kedrowski
Petersen
Schenck
Wuellner
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal}
City Manager
City of Prior Lake
1:\98files\98adplat\98-033\ccres.doc
Page 2
RESOLUTION 98-XX
A RESOLUTION OFltt.E PRIOR LAKE CITY COUNCIL GRANTING A 18.72 FOOT
VARIANCE TO PERMIT A 71.28 FOOT LOT WIDTH AT THE FRONT YARD
SETBACK RAl.tlJ!,R THAN Itt.E REQUIRED 90 FOOT LOT WIDTH AND
VARIANCES TO PERMIT LOT AREA OF 14,120 AND 9,810 SQUARE FEET RAl.t.lE.K
THAN T.t.lE REQUIRED 15,000 SQUARE FEET FOR TWO LOTS TO BE CREATED
VIA ADMINISTRATIVE PLAT FOR IDLLCREST HOME
MOTION BY: SECOND BY:
WHEREAS: Hillcrest Homes has applied for a variance from Section 5-8-3 of the City Code
and Zoning Ordinance in order to permit the combination of three lots for the
creation of two lots in the R-l (Suburban Residential) District on the property
described as Lots 40, 41 and 42 Red Oaks, Scott County; and
WHEREAS: The City Council has reviewed the application for variance as contained in
Case #98-034 and held hearings thereon on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF T.t.lE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the following variances for
the combination of three lots to create two lots as identified in attached Exhibit A (legal
description and survey):
1. An 880 square foot variance to permit lot area of 14,120 square feet rather than the required
15,000 square feet for proposed Lot 1.
2. A 5,190 square foot variance to permit lot area of9,810 square feet rather than the required
15,000 square feet for proposed Lot 2.
3. An 18.72 foot variance to permit an OHW width of 71.52 feet rather than the required 75
feet for proposed Lot 2.
FINDINGS
1. The City Council has considered the effect of the proposed variances upon the health, safety,
and welfare of the community, the existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect on property values in the surrounding area
and the effect of the proposed variances on the Comprehensive Plan.
1:\98files\98var\98-034\ccres.doc ]
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
2. Because of conditions on the subject property and on the surrounding property, it is possible
to use the subject property in such a way that the proposed variances will not result in the
impairment of an adequate supply of light and air to adjacent properties, unreasonably
increase congestion in the public streets, increase the danger of fire, and danger to the public
safety, unreasonably diminish or impair health, safety, comfort, morals or in any other
respect be contrary to the Zoning Ordinance and Comprehensive Plan.
3. The special conditions applying to the subject property are unique to such property, and do
not generally apply to other land in the district in which such land is located. The unique
circumstances applicable to this lot are that the lots are located on a peninsula and were
originally created in 1930, prior to the implementation of the Shoreland Ordinance, over
which, the applicants had no control, nor can they change the existing conditions.
4. The properties could be developed separately as existing substandard lots upon the approval
of four variances. The applicant has proposed to combine the lots into two lots, thus
reducing the nonconformity.
5. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
6. The contents of Planning Case 98-034 are hereby entered into and made a part of the public
record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance
Code this variance will be deemed to be abandoned, and thus will be null and void one (1)
year from the date of approval if the holder of the variances has failed to obtain any
necessary, required or appropriate permits for the completion of contemplated
improvements.
Passed and adopted this 6th day of April, 1998.
YES
NO
I Mader
I Kedrowski
I Petersen
I Schenck
I Wuellner
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal}
City Manager
City of Prior Lake
I: \9 8 fiI es\9 8var\9 8-034 \ccres.doc
2
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LEGAL [)(SCDTJ(W
EXHIBIT A
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PRIOIl LAKE
a. 902.10 6-20-97
f-ECENO
EIll$1IMG CO'tfOAS
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~:i::l=::~ ::.~:: ;:~::I ,~"~::..::. t611:~~::,:' ]~~:';~::II: lie
J :. d:::::~: ::,:4 ;1:1 :::~~, t::"~:z ~~:t~,:: ::';::I!: :t:~i;IH~.
~:.:::~ ;~~,,::,,::~ tll'''' U'III"nl",! .11 ill In ~US. Sutt
Lot$ "'0. "". '* "'2 ReD OAKS Scott CQfmt,;
""""~to
OUUlPflClIt '0' !(lUfllrtU 'UCIl:
TOPOGRAPHV A LECAl 0E5C. PROVDfD BV
V AUlY SURVlVHC CO., '.A., '/20/97
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tll'''C' ".rea U ~.,..." IZ .I~.t" ~s '.C'II" I.U a" "' "'u...
.....,,,,. .1011, tII. lI'U"I, 1111' or 1I1e Ut". .I,u"c, "'
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REO OAKS
ADDITION
to<
HillCREST HOMES
Uk.viIe. MN
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PRELlMINAR Y
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PART OF EXHIBIT A
PRIOR
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lAKE
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PARCEL:
Lot 42 .nd th~t ~art of Lot 41 which lies Northerly ofa line
described as commening at the southwest corner of said LDt 41;
thence North 32 degrees 12 minutes 55 seconds East on an assumed
K,:a;"l""in" 21,......'" .""_ 1I__~__'
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PERMIT AGREEMENT FOR
PRIVATE USE OF PUBLIC PROPERTY
TillS AGREEMENT is made and entered into this day of
1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal
(hereinafter referred to as "City"), and
and wife; a partnership; a
as "Owner").
corporation
, [husband
corporation] (hereinafter referred to
RECITALS
WHEREAS, Owner is the fee owner of a tract of land in Scott County,
located at , and legally described
as follows:
[LEGAL]
(hereinafter referred to as "Owner's Property"); and
WHEREAS, the City is the owner of property, legally described as follows:
[LEGAL] and;
WHEREAS, a portion of the serving Owner's Property encroaches on
a portion of the property abutting Owner's property, as described on Exhibit A attached hereto
(the en.::roached portion of the property hereinafter referred to as the "Permit Property"); and
-OR-
WHEREAS, Owner wishes to use the Permit Property for
; and
WHEREAS, Owners have requested the City to authorize continued use of the Permit
Property for purposes; and
WHEREAS, such continued use of the Permit Property is not inconsistent with current
use of the property by the City and the public; and
WHEREAS, the City may in the future desire to use the Permit Property' for other
purposes which are not consistent with Owners use of the Permit Property, and therefore the
City intends to retain all of its right, title, and interest in the Permit Property;
46241
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r
i
NOW, THEREFORE, the parties agree as follows:
1. Permit. Owners shall be permitted to use the Permit Property for
purposes at Owner's sole expense and risk, and with full knowledge that the City may, upon
notice as provided herein, require Owner's to be removed from the Permit
Property at any future date,- at Owner's sole expense. The Permit Property must be kept open
to public use at all times, and no fence or other obstruction may be placed on the Permit
Property without the prior written approval of the City, which may be given or withheld in the
sole discretion of the City.
2. Maintenance of Permit Prooertv: Modification. Owner shall maintain the Permit
Property in good condition at all times, at their sole cost and expense. If Owner fails to do so,
the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner
fails to pay the City for such costs, the City may assess the costs against Owner's Property.
Owner shall not make any modifications to the or otherwise modify
the Permit Property without the prior written approval of the City, which may be given or
withheld in the sole discretion of the City.
3. Termination. In the event the City desires to use the Permit Property for a
purpose which is inconsistent with use by Owner, to be determined in the
City's sole discretion, or in the event Owner fails to comply with any requirement of this
Agreement within sixty (60) days after receiving a notice from the City requesting such
compliance, the City through its City Manager may terminate this Permit Agreement by giving
ninety (90) days written notice of termination to Owner by certified mail at the following
address: Such notice may, at the
City's option, require Owner to completely remove the from the Permit
Property within said ninety (90) day notice period, including all debris. If this Permit
Agreement is terminated by the City as provided herein, Owner will be solely responsible for
all costs and expenses related to construction of a which is located on Owner's
Property, in accordance with all City Ordinances.
If Owner fails to remove the as required by a proper notice of termination,
the City may cause the removal to be done and the costs of such work shall be paid by Owner.
If Owner fails to pay the City for such costs, the City may assess the costs against the Owner's
Property.
4. Consent to Snecial Assessment. Owner hereby acknowledges and consents to the
City's right to specially assess any costs incurred by the City for any repair or maintenance
performed pursuant to Paragraph 2 of this Permit Agreement, or any costs incurred by the City
to remove Owner's from the Permit Property pursuant to Paragraph 3 of this Permit
Agreement. Owner waives any right to protest or appeal any special assessment levied pursuant
to this Permit Agreement.
5. Future Develonment. Owner understands and acknowledges that the City may
utilize the Permit Property at some future date and in the sole discretion of the City. In the
46241
2
event the City undertakes such development, and if this Permit Agreement is not terminated by
the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate
City's use of the Permit Property, and the City agrees to use its best efforts to accommodate
Owner's use of the Permit Property for the purposes stated herein.
6. Indemnitv. .owner shall defend, indemnify, and hold harmless the City and its
employees, subcontractors, -attorneys, agents, and representatives from and against all claims,
damages, losses, cost: and expens~s, inclu~ing attorney's fe~s, whic~ may. be incurred by or
asserted auainst the CIty or for WhICh the CIty may be held hable, which anse out of or result
from use ;t the Permit Property for. purposes, including but not limited to the
maintenance, repair or removal of Owner's , except liability caused solely by the
necrlicrence of the City.
,:, ,:,
7. Insurance. As long as this Permit Agreement is in existence, Owner shall
maintain a general liability insurance policy which provides coverage for the Permit Property
for any damage to property of others or injuries to persons. Said insurance policy shall provide
coveracre on an occurrence basis in an amount no less than One Million dollars ($1,000,000),
and sh~ll include contractual liability coverage to provide coverage for the indemnification
, provision in Paragraph 6 above. Said policy shall name the City as an additional insured, and
shall contain a clause which provides that the insurer will not cancel, non-renew, or materially
change the policy without first giving the City thirty (30) days prior written notice. Owner shall
provide the City with a Certificate of Insurance for said policy which specifically details the
conditions of this Paragraph 6. .
8. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property
and knowinQ:ly waives any and all claims against the City related to Owner's use of the Permit
Property, i~luding but not limited to claims of abandonment and contractual claims arising out
of this Permit Agreement, except any claims which are the result of the sole negligence or
willful misconduct of the City or its employees or agents.
9. Condition of Prooertv. Owner accepts the Permit Property "as is" and the City
makes no warranties regarding the conditions of the Permit Property or the suitability of the
Permit Property for Owner's purposes.
10. ~indim! Effect. This Permit Agreement shall run with the land and shall be
binding on and inure to the benefit of the parties hereto, their heirs, successors, or assigns.
11. Whole A2:reement: Modification. This Permit Agreement contains all of the terms
and conditions relating to the permit granted herein, and replaces any oral agreements or other
negotiations betWeen the parties relating to the permit. No modifications to this Permit
Agreement shall be valid until they have been placed in writing and signed by all parties hereto.
12. Recordation. Owner shall cause this Permit Agreement to be recorded in the
Office of the _ County Recorder at their cost and expense.
46241
3
IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the
date first above written.
CITY OF PRIOR LAKE
OWNER(S)
By: ./
/ldia(~<r' Me' or
By: "lLI/ Wt', ~.
Frank. BoYles,) C' y Manager
( ,.I'
.. ,I
/
STATE OF MINNESOTA )
..../
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
.' 19_, by Lydia Andren and Frank Boyles, the Mayor and City Manager
respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority
granted by its City Council.
STATE OF MINNESOTA )
)ss.
COUNTY OF )
Notary Public
The foregoing instrument was
, 19_, by
and
on behalf of the [corporation/partnership J .
acknowledged before me this
and
, respectively of
day of
the
.'
Notary Public
This Instrument Drafted By:
Campbell, Knutson, Scon & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
(612) 452-5000
46241
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HILLCREST HOMES, INC.
16714 Jaguar Ave.. Lakeville. Minnesota 55044
(612) 898-7663 Office (612) 898-3364 Fax
MAR - 4 /998
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.~ Builder Driven By Quality Craftsmanship and Value."
LOTS 40, 41 AND 42 RED OAKS
Pertinent information regarding application to replat lots 40, 41 & 42 Red Oaks. Lots are
in separate ownership.
Pill #'s: 41 25-042-027-0
40 and 42 25-042-027-1
LOT COMBINATION
Lot width at setback:
Lot 1: 94'
Lot 2: 71'
Lot area:
Lot 1: 17.020 square feet
Lot 2: 11,153 square feet
Use existing platted street for driveway access
10' side yard setbacks
VARIANCES REOUIRED
Lot 1:
None
Lot 2:
Lot area from 15,000 to 11,153 square feet
Lot width at street from 85' to 71'
EXISTING LOTS WITHOUT REPLATTING
Lot width at setback:
Lot 40:49'
Lot 41:48'
Lot 42:68'
Builder License # 20036544. Member of the Builders Association of the Twin Cities
Lot area:
Lot 40: 7,026 square feet
Lot 41: 7,649 square feet
Lot 42: 13,497 square feet
Use existing platted street for driveway access
5 and 10' side yard setbacks
VARIANCES REOUIRED
Lot 40:
1. Lot width at 25' front yard setback from 50' to 49'
2. Lot area from 7500 square feet to 7026 square feet
3. Lakeside setback on easterly portion from 50' to an amount to be determined by
specific floor plan.
Lot 41:
1. Lot width at 25' front yard setback from 50' to 48
Lot 42:
Lakeside setback along northerly lot line from 50' to 32
It is evident that in this instance the best use for the land would be to combine all three
parcels, and replat to two parcels. If necessary three sites could be utilized, however it is
our intent to pursue the two-site scenario. New legal description would be Lot 40 and p/o
41..... and Lot 42 and p/o 41..... Red Oaks
Minnesota Department of Natural Resources
Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (612) 772-7910 Fax: (612) 772-7977
March 20,1998
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Ms. Jenni Tovar
City of Prior Lake
16000 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
RE: PROPOSED ADMINISTRATNE LAND DNISION AND VARIANCE, LOTS 40, 41, & 42, RED OAKS
De~ Ms. Tovar:
I have reviewed the materials submitted regarding the proposed zoning matter. Additionally, I have met with the
applicant to discuss the proposal. The following comments are submitted for consideration.
Please check to determine if the proposed lot sizes of 17,020 and 11,153 square feet include land below the ordinary
high water elevation (OHW) of 904.0 feet. As per your shoreland ordinance, only land above the OHW can be used
to meet the minimum lot area standard. Land below the OHW can be platted, but not credited towards the minimum
lot area requirement.
The DNR encourages combination of existing nonconforming lots of record. In fact, state law requires combination
of contiguous nonconforming lots of record in common ownership. My understanding is the subject three contiguous
lots are not in common ownership, and, thus, may be considered as three separate parcels for development purposes.
The first floor elevations for proposed structures are depicted on the drawings I reviewed. Please ensure that the lowest
floor elevations (including crawl space) are at or above the regulatory flood protection elevation (RFPE), the lOa-year
flood elevation plus one foot.
Also, floodplain regulations require road access no lower than two feet below the RFPE. It appears the existing platted
road would need to be elevated to meet this zoning requirement. As discussed with the applicant, it is not likely the
DNR would permit encroachment into the lake (below 904') with fill for purposes of elevating the road.
The DNR is not opposed to the requested administrative land division and lot size variance, provided the floodplain
issues I mention above are adequately addressed.
Thank you for the opportunity to review and comment. If you have any questions, please call me at 772-7910.
Sincerely,
~~~~-
Area Hydrologist
c: Chris Deanovic, Hillcrest Homes
DNR Information: 612-296-6157, 1-800-766-6000 . TTY: 612-296-5484, 1-800-657-3929
An E<jual Opportunity Employer
Who Values Diversity
ft Printed on Recycled Paper Containing a
f...I ~linimum of 10<7, Post-Consumer Waste
~(~@OW[g~
;v1AR I 8 1998
MICHAEL S. BENEDICT
15380 Breezy Point Road SE
Prior Lake, MN 55372
lY
March 17, 1998
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
HAND DELIVERED
RE: Administrative Land Division for Lots 40, 41 and 42, Red Oaks
Gentlemen and Ladies:
I am writing to comment on the proposal to combine Lots 40, 41 and 42, Red
Oaks, into two parcels, one a conforming lot of 17,020 square feet, and the other a non-
conforming lot of 11,153 square feet.
The proposed lot combination will create an additional building parcel because
currently only Lot 41 appears to be buildable. Lot 40 is less than 50 feet wide and has
less than 7,500 square feet. Lot 42 is of adequate size, but does not appear to have an
adequate building pad after consideration of the 50 foot lakeshore setback and a 5 foot side
yard setback.
The area of the proposed lot is also not consistent with either the neighborhood or
my recently approved lots. The net lot area of my lots is 17,583, 25,566 and 28,653
square feet. The combined area of Lots 40, 41 and 42 of 28, 173 square feet is more
consistent with the newly created lots in Red Oaks Second Addition, than a lot of only
11,153 square feet.
Since the owner has a reasonable use for the existing combined parcel, there does
not appear to be the hardship needed to support a variance approval for the substandard
lot.
You may call me at 831-0111 (work) or 447-2688 (home), if you have questions or
need additional information about my concerns.
Sincerely yours,
r(h~J &wJ~ut>
Michael S. Benedict
MSB:jd
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...
March 12, 1998
Ms. Jenni Tovar
City of Prior Lake
16200 Eagle Creek Ave. S. E.
Prior Lake, MN 55372-1714
Re: Case #98-033 and #98-034
Dear Ms. Tovar:
Thank you for notifying me of the proposed division of the
land adjacent to my property (Lots 40, 41 and 42) Red Oaks
Addition, Scott County, Minnesota. I own Lots 38 and 39
and am concerned about this proposal.
The purpose of my letter is to voice my objection to the
building of two homes on the subject property. The only
road that accesses this property crosses my property. When
I purchased my property from the Durands in 1974, I gave
them permission to use the road on a year to year basis.
I gave permission to a single family only, and oppose any
additional use; specifically use of the road for develop-
ment of the adjacent land or use of the road by multiple
home owners. Any use of my land for these purposes, in my
mind, will be deemed trespassing.
One of the options would be to move the road to its proper
place, however, this might be in violation of the setback
regulations, would result in loss of trees and cause damage
to the shoreline.
I would be more than willing to try to work things out, as
long as it doesn't affect the use and quiet enjoyment of my
property. I would consider granting an easement if develop-
ment is limited, and I am reasonably compensated for the
easement.
Please send a copy of the City Council's status report con-
cerning this issue as soon as possible to James Feick, 10125
Crosstown Circle, #230, Eden Prairie, MN 55344. Thank you.
Sincerely,
L'!- 4 ~~
(/James A. Feick
) rn@[go~[g,~)'
1.1/;
\ MAR 131998 .11 !;I
i: ~;/
NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION AND VARIANCE
Case #98-033 and #98-034
"
March 6, 1998
The Prior Lake Planning Department has received an application from Hillcrest
Homes to consider an Administrative Land Division for the property located at
15341 Red Oaks Road, legally described as Lots 40, 41 and 42, Red Oaks,
Scott County, MN. The proposal is to combine three existing lots into two larger
sized lots for future construction of single family dwellings. The proposed
subdivision does not create any additional buildable parcels, but rather reduces
the nonconformity of the existing three lots by combining the properties into two
lots.
A variance to lot area is being requested for the lot to contain Lot 40 and part of
Lot 41, Red Oaks (southern lot). No other variances are necessary in regards to
the lot combination. The minimum lot size for riparian lots located within the R-1
(Single Family Residential) and SD (Shoreland Overlay District) is 15,000 square
feet. The northern lot will have 17,020 square feet, and the southern lot will have
11,153 square feet. Therefore, a 3,847 square foot variance to permit lot area
of 11,153 square feet rather than the required 15,000 square feet is being
requested.
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 the parcel 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 the land contiguous to the parcel must be notified in writing,
and no written obiection received within ten davs followina notification.
1:\98 filej)98ac\plat\9 8-03.J \98-o:upn.dol 245
16200 Eagle creeR Ave. ~.E., Prior ake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4
AN EQUAL OPPORTUNITY EMPLOYER
7. Any 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.
8. Variances filed with the 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.
The criteria for granting a variance are as follows and stated in the Zoning
Ordinance:
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
2. Such unnecessary hardship results because of circumstances unique
to the property.
3. The hardship is caused by provisions of the Ordinance and is not the
result of actions of persons presently having an interest in the property.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
A copy of the Administrative Plat with variance is attached. Please accept this
as official notification of this proposed Administrative Plat and Variance. Written
comments or objections regarding this matter should be submitted to the
Planning Department by March 17, 1998.
You are hereby notified the City Council will hear this item on April 6, 1998 at
7:30 p.m. or as soon thereafter as possible. Due to the variance request, they
may refer the request to the Planning Commission for input, or they may hold a
public hearing and make a decision on the request. Meetings are held at Prior
Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the
intersection of C.R. 21 and Fish Point Road). For more information, contact
JenniTovarat447-4230.
Prepared this 6th day of March, 1998, by:
JenniTovar
Planner
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PROPOSED LOTS
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PROPOSED LEGAL /DESCRIPTIONS
DESCRIPTION FOR NORTHERLY PARCEL:
Lot 4? and that part of Lot 41 which I ies Northerly of a line
described as commenlng at the southwest corner of said Lot 41'
thence North 32 degrees 12 minutes 55 seconds East on an assu~ed
bearing, along the Westerly line of said Lot 41 a distanc~ of
24.00 feet to the actual point of beginning of the line to be
described; thence South 57 degrees 02 minutes 35 seconds East
a distance of 54.22 feet; thence South 66 degrees 18 minutes
04 seconds East a distance of 122.16 feet to the Easterly line
of said Lot 41 and there terminating; all in RED OAKS Scott
County, Minnesota. ,
DESCRIPTION FOR SOUTHERLY PARCEL:
Lot 40 and that part of Lot 41 which lies Southerly of a line
'described as commencing at the southwest corner of said Lot 41;
thence North 32 degrees 12 minutes 55 seconds fast on an assumed
bearing, along the Westerly line of said Lot 41 a distance of
24.00 feet to the acyual point of beginning of the line to be
described; thence South 57 degrees 02 minutes 35 seconds East
a distance of 54.22 feet; thence South 66 degrees 18 mfnute~
04 seconds East a distance of 122.16 feet ~o the Easterly lIne
of said Lot 41 and there terminating; all 1n RED OAKS, Scott
County, Minnesota.
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HILLCREST HOMES, INC.
16714 Jaguar Ave.. Lakeville. Minnesota 55044
(612) 898-7663 Office (612) 898-3364 Fax
.~ Builder Driven By Quality Craftsmanship and Value."
LOTS 40, 41 AND 42 RED OAKS
Pertinent information regarding application to replat lots 40, 41 & 42 Red Oaks. Lots are
in separate ownership.
Pill #'s: 41 25-042-027-0
40 and 42 25-042-027-1
LOT COMBINATION
Lot width at setback:
Lot 1: 94'
Lot 2: 71'
Lot area:
Lot 1: 17.020 square feet
Lot 2: 11,153 square feet
Use existing platted street for driveway access
10' side yard setbacks
VARIANCES REOUIRED
Lot 1:
None
Lot 2:
Lot area from 15,000 to 11,153 square feet
Lot width at street from 85' to 71'
EXISTING LOTS WITHOUT REPLA TTING
Lot width at setback:
Lot 40:49'
Lot 41:48'
Lot 42:68'
Builder License # 20036544. Member of the Builders Association of the Twin Cities
Lot area:
Lot 40: 7,026 square feet
Lot 41: 7,649 square feet
Lot 42: 13,497 square feet
Use existing platted street for driveway access
5 and 10' side yard setbacks
VARIANCES REOUIRED
Lot 40:
1. Lot width at 25' front yard setback from 50' to 49'
2. Lot area from 7500 square feet to 7026 square feet
3. Lakeside setback on easterly portion from 50' to an amount to be determined by
specific floor plan.
Lot 41:
1. Lot width at 25' front yard setback from 50' to 48
Lot 42:
Lakeside setback along northerly lot line from 50' to 32
It is evident that in this instance the best use for the land would be to combine all three
parcels, and replat to two parcels. If necessary three sites could be utilized, however it is
our intent to pursue the two-site scenario. New legal description would be Lot 40 and plo
41..... and Lot 42 and plo 41..... Red Oaks
........
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