HomeMy WebLinkAbout4 - John Mahoney Variance
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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
AND
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 Cit~ Council to approve an
administrative subdlvision 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-l0, Section 6-1-3
attached.
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, Shoreland District. The lot
size and width for a two family dwelling
within this zoning district is l2,000 square
feet with 75 feet of lot width. The duplex
and lot conform to all zoning requirements.
The applicant desires to convey each unit in
fee simple 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 property
is located within the Shoreland District, 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 EMPLOYER
private property owner(s), rather than
maintain a rental unites). 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. lO' 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.
PRECEDENCE:
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
comparable duplex 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 ln 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 Attorner, Glenn Kessel, to
draft a Twin Home Ordlnance which would
incorporate regulations into the zonin9 Code
to better address future situations simllar 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 #1 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
division and subsequent variances subject
appro~riate conditions identified by the
Councll.
land
to
City
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.
.. ADPIAT"
AP~_OJs
PInt d5-~Je- /-0
ArMINISl'RATlVE LAID DIVISION
APPLICATION FORti
Property CMner:~ Phone:
Address: I & _ t::: J(4)
Awlicant:..5 . Phone:
Address:
YtVl-JY?/)
Name of 9lrveyor:
poone: Y C; l-~5 ?tJ
,
SJBMISSION RamREMENl'S:
A. CoIrp1eted aw1ication fonn and Property Identification ~r (PID).
B. Canp1ete Legal description of existing and proIX>sed parcels.
C. Filing fee.
D. 9lrvey prepared by a registered land surveyor.
E. 15 copies of the awlication, survey arrl supporting data and 1 set
reduced to 118 X 17ft.
F. Total square footage and or acreage of existing and proIX>sed parcels.
G. Names and addresses of owners woo own property contiguous to the
subject site.
ONLY a:MPIBl'E APPLICATIONS SIALL BE ACCEPl'ED FOR RE.VlE)l.
To the best of JItf knowledge the information presented on this fom is correct.
In addition, I have read Section 6-1-3 of the Prior Lake SUbdivision Ordinance
which specifies the requiranents and procedures for Mninistrative Plats. I
agree to prOl7ide information and follow the procedures an outlined.
~~~~/
CJWlicimts Signature' Date
Fee OWners Signature
Date
mrs SECrION ro BE FILLED IN BY THE PLANNIro DIREX:l'OR
DISFQSITION CF APPLICM'ION: APPWlED DENIED
CITY a:maL (AppEAL) APPIUJED DENIED
DM'E
J::M'E OF HFARIN3
<X>NDITIONS:
Signature of the Planning Director
Date
VlL- -
pIDf25-278-001-0
CITY OF PRIOR LAKE
APPLICATION FOR VARI.MO
Applicant: John B. Mahoney
Address: 17276 Murphy Lake
Property CMner: Same
Address:
Type of CMnersmp: Fee
Consultant/Contractor: Valley
Home Phone: 447-3360
55372 Wbrk Phone: Same
Home Phone:
Wbrk Poone:
Purchase Agreement
Phone: 447-2570
Blvd., Prior Lake, MN
Contract
Surveying Co.
Existing Use
of Property: Duplex
Legal Description
of Variance Site:
Variance Requested:
~o allow 0 lot line
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 applicant pr~iously sought to plat, rezone,
use permit on the subject site or any part of it?
What was requested:
When: Disposition:
obtain a variance or conditional
Yes x ~
Describe the type of improvements proposed: The proposal is to divide the sub;ect
site into two lots for purpose of sale of each unit of the existing duplex.
roPMISSION RroJIREMENI'S:
(A)Canpleted application form. (B)Filing fee. (C)Property Survey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proposed building el~ations and drainage plan. (D)Certified frem abstract finn,
names and addresses of property owners within IOO feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap
at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY roMPLETE APPLlaTIONS 9lALL BE ~l'W AND RE.VIEWED BY THE PLANNIN:; rooo:SSION.
To the best of my knowledge the infoonation presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to rovide info tion and follow the
procedures as outlined in the Ordinance. 1/11' ,(f
1icants Signature
Sul:mitted this -1...3day of March 1993
Fee CMners Signature
THIS SPACE IS 'J.t) BE FILLID our BY THE PLANNIN; DlRECl'OR
PLANNIN; mtMISSION
CITY COON::IL APPEAL
APPROVED
APPWlID
DENIED
DENIED
DM'E OF BFARIN3
O!\TE OF HFARIN:i
OONDITIONS:
Signature of the Planning Director
Date
oo~
PROPOSED ADMINISTRATIVE
LAND DIVISION AND VARIANCE
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D~PTIOH tRACT A.
'!hat part 'otLot 1,'lh~1t,1, 'R ANDe FiRsT ~ttION, toott \;oun't1, 14~e8oU;I1~
northerly' of the !olloN!n&' described line.
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. >>e,'liiiUril it.'. .~int' -oft tilell4lat Une ot aa.1dLot i, distant 68 .63 feet north of
the southwest corner ot said Lot 11. thence eaaterl1 ~ It point on the east line of
said Lot 1, d1st,e.nt. -77.95 reet 1'lP"~ of. the. \ ~utheast corner and there
termina ting .
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DESCRIPTION TRACT Jl( .
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That part of Lot'1, BlOck 1, R'.lHD C rIRST ADDITION, 'Scott 'County, Minnesota 1,ing
southerly ot the t9ll~Nins desoribed line.
Beginning at a point on ,the .est line ot Kid Lot 1, db~'t; '68.6} teet north of
the aouthvest oorner of aald Lot 11 thence ....terly to . point- on the Mst line of
said Lot 1, diatant 77.95 "tset north of. the .~aat oorner and there
tsrllina tinl. .
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 I, 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 color 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.
-7-
" ;.
(d) storage or Disposal of Garbege. 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 to 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 structure 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 pr 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 I-;f'~) day of )Jf'i[<..i , 1993.
~rtQ~~~
(/- L ' / !~--).----I-
_. C( L/lL L' // I / L~e{l (/; L_J/
CAROLE A. MERTENS(
-9-
. . .
STATE OF MINNESOTA)
)SS.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this
., : day of /~ /c.' J < It , 1993, by ROBERT D. MERTENS and CAROLE A.
MERTENS, husband and wife.
/---)
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.~...t~lw.v.Y:."W.YN-I'N\.
'lj~ LA DONNA L PAQUETTE I
\'5 NOTARY PUBlIc-MlNNESOTA
SCOTT COUNTY
My Commission Expires June 2. 1994
. ww.
This instrument was drafted by:
HUEMOELLER & BATES
Attorneys at Law
16670 Franklin Trail
Prior Lake, MN 55372
-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 important 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 permanent 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 community is
affected in many important respects, This Chapter is therefore adopted to establish
miniroom 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 comroonity. 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: ADMINISrRATIVE 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 Scott County prior to March 18, 1974, or is a lot which is part of a
plat which has been legally recorded with Scott County.
S81I
~1~ ~1~
(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 forwarded 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)
~1-4: COMPLIANCE: Except as provided in Section ~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
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 l8, 1993
The Prior Lake Planning Department has received an application
from John B. Mahone~ of 17276 Murphy Lake Blvd. to consider an
administrative land dlvision within the existing plat of R & C
First Addition. The proposal is to split Lot l, Block 1 as per
attached survey, in order to allow each twin home unit to be sold
to individual property owners.
section 6-l-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:
I. 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.
J. The resulting parcels generally conform to the sha~e and
area of existing or anticipated land subdivisions ln 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 days
followinq notification.
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.
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.
StM7J~
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 EMPLOYER
* REVISED NOTICE * REVISED NOTICE * REVISED NOTICE
NOTICE OF HEARING
FOR LOT AREA VARIANCE
You are hereby notified that a hearing will be held by the City
Council in the Prior Lake Council Chambers at 4629 Dakota street
S. E. on:
Monday, April 5, 1993
at
Approximately 7:35
P.M.
PURPOSE OF HEARING: To consider a variance and administrative
subdivision for John B. Mahoney.
SUBJECT SITE LOCATION: Lot 1, Block 1, R & C Addition.
REQUESTED ACTION: The applicant has reguested that Lot 1,
Block 1, R & C Additlon 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 l2,000 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 sin9le family
lot in an R-2 Zone located wlthin 1000
feet of the lake, is 10,000 square feet
with 60 feet of lot width. Corner lots
are required to be 20% larger 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:
l. l,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 EMPLOYER
2. 10' side yard setback variance for
Tracts A and B to allow a zero lot
line setback. for the duplex unit.
3. 2,l92 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 Councll. For more information, contact Deb Garross,
Prior Lake Planning Department at 447-4230.
Prior Lake City Council
DATE MAILED: March 26, 1993
" STAFF"
CITY OF PRIOR LAKE
PLANNI~ DEPARIMENr ProJECl' RE.VIEW REmRD
DISTRIBurE 'IO :
_X_BUILDI~ OFFICIAL
_X_roBLIC WOR<S
_X_CITY ATroRNEY
FOLICE aUEF
_X_DNR
maNlY HIGBY-lAY
_MNOOT
_X_NSP
_X_roYIT RICE
_X_MINNffiASCX)
_X_MN VALLEY ELOC
_X_WATERSHED
_X_CITY MANAGER
ASsr. CITY MANAGER
_X_CITY EN;INEER
_X_CITY FINANCE
_X_CITY PARKS
_X_CITY PLANNER
ornER
ffiTE DISl'RIBurED: March 18, 1993
RE.VIfl'1 DEADLINE: April 2, 1993
ProJECl' REVIEW MEETI~:
YES _X_OO ffiTE:
TIME:
APPLICATION FOR:
_X_ArMIN PLAT
_PRELIMINARY PLAT
_FINAL PLAT
RLS
_OI'HER
_VACATION
_HCME OCQJPATION
_CDMP PLAN AMEND
_EIS/EAW
PUD
REZONIN3
CDNDUSE
_X_VARIANCE
APPLICANT: John B. Mahoney
PHONE: 447-3360
ADDRESS: 17276 Murphy Lake Blvd., Prior Lake, r.m 55372
CDNI'Acr PERroN: John B. Mahoney
PHONE:
PROJOCT REX2UEsr: To divide Lot I, Block I, R & C First Addition into two tracts as
proposed on the attached survey reduction. A lot width and lot area variance is
needed for Tract B: a lot area variance is needed for Tract A. See attached public
notices for reference to the specific variances requested.
SITE LEGAL DEOCRIPI'ION: Lot I, Block I, R & C First Addition.
PID: 25-278-001-0
ZONnI;: R-2/ &-D
Ol1P PLAN USE: Med. Den. Res.
CITY COUOCIL REVIEW ffiTE:
April 5, 1993
4629 Dakota St. S.E" Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
I
I
,
D. JAMES SPACE, JR.
16094 EAGLE CREEK AVE.
PRIOR LAKE. MN 55372
(612) 447-5225
February 18, 1993
City of Prior Lake
City Council
&
City Parks Director
Mr. Bill Mangan
4629 Dakota St. SE
Prior Lake, MN. 55372
Dear Council members and Mr. Mangan,
I requested a copy of the preliminary design from Mr. Mangan
of the future park which is to be located at the Wagon Bridge in
the City of Prior Lake.
I recognize that these plans are preliminary plans and represent
future use of the property acquired from Mr. McDonald. They are
attractive and could be an asset to the entire community.
The purpose of this letter is to notify the Parks Department
and the City Council that the designs three (3) all show useage of
property that I own.
The parcel that I own is PID # 25-935041-0, the deed for this
property is filed of record in Scott County Recorder's Office and
is notice to the public of my ownership interest.
I have a registered property survey that was performed by
Valley Engineering. You are welcome to have a copy of this survey.
I hereby authorize Valley Engineering to release a copy of the
survey of the old Chicago-Milwaukee RR property to the City of Prior
Lake. You will have to present a copy of this letter to Valley
Engineering in order to receive a copy of the survey.
Prior to developing any furthur plans or incurring any undue
costs a survey of your property should be performed so that the
City Counce I together with the City Parks Department has accurate
boundaries to develope a good land use plan.
I would like to thank Mr. Bill Mangan for'his help and cooperation
and if I can be of any assistence or help in this matter please
telephone or write.
I would appreciate the City of Prior Lake sending me a copy of
the minutes where this letter is presented to the City Council. As
I will probably not be in town the night this letter is presented.
Sincu:~y; -'"' 1_ ;J
rf.c:;;~~r .
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