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HomeMy WebLinkAbout7A - Vacation of a Portion of Red Oaks Road MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT DECEMBER 20, 1999 7A JENNI TOVAR, PLANNER DON RYE, PLANNING DIRECTOR r3'1 CONTINUATION OF THE PUBLI~EARING TO CONSIDER APPROVAL RESOLUTION 99-~ APPROVING THE VACATION OF A PORTION OF RED OAKS ROAD History: Charlotte Roehr owns the property located at 15322 Red Oaks Road. She is proposing to demolish the existing dwelling and construct a new home. In July 1999, she received variances to the OHW setback and driveway width (Resolution 99-11PC and 99- 12PC). A condition of the variance is that the road be elevated as required by City Ordinance Section 1105.402. This section requires uses permitted within designated flood areas to have road access at or above an elevation of not more than 2 feet below the regulatory flood protection elevation. Therefore, the minimum road access for structures on Prior Lake is 907.9. Since Red Oaks Road is public, there are three options for a private property owner to construct such improvements. These options include entering into a "Private Use of Public Property" Agreement, petitioning the City for a public improvement project, or requesting the City vacate the road. Upon request of Charlotte Roehr, the City Council initiated the vacation of a portion of the road on November 1, 1999. The City Council felt this could be an amicable solution for the City and Charlotte Roehr. As required by State Statute 462.356 Subd. 2, the Planning Commission reviewed this request to make a recommendation to the City Council regarding the disposal or acquisition of public lands as it relates to the compliance with the Comprehensive Plan. On November 8, 1999 the Planning Commission recommended the City Council vacate the right-of-way as requested. Upon proper notification, State Statute 412.851 allows the Council to vacate easement or right-of-way by resolution. The statute also states 1:\92file~\99,..vac\99-069\99Q69cc3 .doc Page 1 16200 Eagle creek Ave. ::5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (bI2) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER that "no such vacation shall be made unless it appears to be in the public interest to do so". Current Circumstances: The plat of Red Oaks identifies a 20-foot wide public street adjacent to Lots 27 through 37. The City has sewer and water lines within the dedicated roadway requiring a drainage and utility easement. NSP has also asked the City to retain a utility easement. The Issues: The City Council must make two determinations. Does the vacation of the existing roadway comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? The Comprehensive Plan has identified Red Oaks Road as a local street. One policy of the Comprehensive Plan is to conduct development in a manner that is sensitive to the impact upon natural features and to environmental constraints including floodplain areas. By vacating the portion of the roadway requested, the access can be elevated and constructed in a manner to minimize environmental impacts. The proposed access (private drive) will be narrower than a public roadway meeting required public design standards. Another policy of the Comprehensive Plan is to effectively and uniformly regulate the development of structures and other land uses in or near flood plain and drainage areas. The proposed vacation will allow for the access to be elevated, per floodplain regulations, and ultimately improve the situation, as access to the property and structures will be at a higher elevation than currently exists. There is no public need for the portion of the roadway being vacated. A private driveway easement allowing access ofthe adjacent property owners has been drafted and affected property owners are in agreement. The City Attorney has reviewed the easement and recommended a number of changes. These changes have been referred to the petitioner's attorney and a response was received on November 30, 1999. The revised document has been forwarded to the City Attorney for final approval. The City does not currently maintain the road as it is unimproved and there is no proper turnaround at the end. Both the City and NSP have utilities within the platted roadway, so a drainage and utility easement must be retained over the property. Emergency vehicles will maintain access through changes made to the private Declaration of Driveway Easement per City Attorney (attached). Statute 164.07 Subd. 2 requires the City notify the DNR commissioner via certified mail at least 30 days in advance to allow comment on any 1:\99fi1es\99vac\99-069\99069cc3.doc Page 2 proposed vacation of public way adjacent to a DNR designated body of water. While a notice of the hearing was sent on November 5, 1999, and the City received comments from Pat Lynch, Area DNR Hydrologist on November 12, 1999, the DNR objected to the December 6th vacation hearing due to inadequate notice time. On November 18, 1999, a certified notice was mailed to the DNR Commissioner. On December 6, 1999, the City Council continued the public hearing to December 20, 1999, in order to comply with State statutes. Attached are additional DNR comments. Also attached is a letter from the Minnesota Attorney General's office supporting the DNR position. The DNR is opposed to the vacation due to the limited amount of public lakeshore on Prior Lake. The DNR is concerned about limiting public access to the lake. As the Council is aware, the Lake Advisory Committee study of Lake Accesses was completed a few years ago to assure that public access continues to exist. Second, this road right-of- way has not been used for access purposes to the best of our knowledge. On issues such as this, the DNR position is advisory, not mandatory. Charlotte Roehr has also applied for a building permit for this site. On December 9, 1999, a letter of outstanding permit issues was sent to Ms. Roehr's architect. The staff has been working with the architect to ensure the building and grading permits can be issued upon approval of this vacation. Staff is awaiting approval of a DNR permit to allow fill below the 904 elevation prior to issuing the Excavating/Filling Permit. Conclusion: The vacation of this right-of-way is not inconsistent with the intent of the Comprehensive Plan. The question of public need is satisfied by retaining utility/drainage easements. The Planning Commission recommends approval of the vacation of the roadway subject to the following three conditions: 1. Private Declaration of Driveway Easement be amended per Exhibit A (City Attorney's recommended changes) to ensure emergency vehicle access, signed by the property owners and other necessary parties, and recorded. 2. A drainage and utility easement be retained over the vacated right- of-way and proper documentation recorded. 3. This resolution will only be recorded upon submittal of proof of recording of the private Declaration of Driveway Easement and utility and drainage easements documents. ALTERNATIVES: The City Council has three alternatives: 1: \99fi1es\99vac\99-069\99069cc3 .doc Page 3 RECOMMENDED MOTION: REVIEWED BY: 1. Adopt Resolution 99-XX approving the vacation as requested and subject to the listed conditions. 2. Deny the vacation. In this case, the Council should direct staff to prepare a resolution denying the vacation. 3. Continue the public hearing and provide staff with specific direction. Staff recommends Alternative #1. A motion and second to adopt Resolution 99- XX approving the vacation of a portion of the 20 foot platted roadway in Red Oaks subject to the listed conditions. 1:\99fi1es\99vac\99-069\99069cc3.doc Page 4 ~llV SO~~ NE RESOLUTION PROVIDING FOR THE VACATION OF RED OAKS ROAD LOCATED ADJACENT TO LOTS 27-37 RED OAKS RESOLUTION 99-~ /31 BY: SECOND BY: WHEREAS, on November 1, 1999, the City Council adopted Resolution 99-120 initiating the vacation of Red Oaks Road located on the following described property situated in the City of Prior Lake, Minnesota to wit: that part of the 20 foot road adjacent to the. northeasterly, easterly and southeasterly lines of Lots 27 to 37, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of the southeasterly line of said Lot 27 and southerly of the southeast line of said Lot 37; and WHEREAS, notice of the hearing on said petition has been duly published and posted in accordance with the applicable Minnesota Statutes; and WHEREAS, on November 8, 1999, the Planning Commission reviewed the vacation request for compliance with the Comprehensive Plan and with regards to public need and recommend the City Council approve the requested vacation; and WHEREAS, the City Council held a public hearing on said petition on Monday, December 6, 1999, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1 and continued the hearing to December 20, 1999 to allow for 30 day statutory comment from the DNR; and WHEREAS, the City Council continued the public hearing on said petition on Monday, December 20, 1999, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and WHEREAS, the City Council proceeded to hear all persons interested in said petition and persons interested were afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said roadway is consistent with the Comprehensive Plan and is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the following described portion of the roadway easement situated on the above described property in the City of Prior Lake, Scott County, Minnesota is hereby vacated upon satisfaction of the attached conditions: Legal Description: That part of the 20 foot road adjacent to the northeasterly, easterly and southeasterly lines of Lots 27 to 37, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of the southeasterly line of said Lot 27 and southerly of the southeast line of said Lot 37. 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 1:\99files\99vac\99-069\rs99xx2c.doc AN EQUAL OPPORTUNITY EMPLOYER Page 1 BE IT FURTHER RESOLVED, the City Council finds that the vacation is not inconsistent with the Comprehensive Plan; and BE IT FURTHER RESOLVED, that subject to the satisfaction of the conditions set out below, the Council finds the vacation is not inconsistent with the public interest: 1. Private Declaration of Driveway Easement be amended per Exhibit A (City Attorney's recommended changes) to ensure emergency vehicle access, signed by the property owners and other necessary parties, and recorded. 2. A drainage and utility easement be retained over the vacated right-of-way and proper documentation recorded. 3. This resolution will only be recorded upon submittal of proof of recording of the private Declaration of Driveway Easement and utility and drainage easements documents. Passed and adopted this 20th day of December 1999. Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner YES NO Frank Boyles, City Manager 1:\99files\99vac\99-069\rs99xx2c.doc Page 2 OFFICE OF THE ATTORNEY GENERAL ot1.~~-1~ rl.. > ....: ,\O\LF.Dt:.vO~.":';.~ . :."i>.., ,,~~..Q ctJ:::,......~....~ ~:"'^..~'...\~::'.. .. ..:'" : .-se. :,..,..' '~.'. '.. '.'-;;I->:;c .'=: '. "'-'""=1Y~ .~: ...'k.""-";\..,,"".. ... ~~({\1:~;i -Q<t:':i85ii-i- STATE OF MINNESOTA SUITE 900 MIKE HATCH ATTORNEY GENERAL REEf ST. PAUL, !\IN 55101-2127 TELEPHONE: (651) 297.1075 December 10, 1999 Ms. Jenni Tovar, Planner City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 Re: Proposed Vacation of Red Oaks Road Dear Ms. Tovar: The purpose of this letter is to support the objection of the Department of Natural Resources to the proposed vacation of Red Oaks Road by providing the legal backdrop regarding the issue. Minnesota law prohibits the vacation of property dedicated for public use unless the persons requesting the vacation prove that the property is useless both now and in the future for the purpose for which it was laid out. It is an extremely high standard which is rarely satisfied. The standard is justifiably high because if the property is vacated the public will lose forever another public water access site. It is important to preserve lake access for the public because development occurring on lakes impairs, and often eliminates, access and enjoyment of lakes by those members of the public who cannot afford or do not own lakeshore property. The standard for vacating property dedicated to public use is extremely high. Land that is dedicated to the public should not be vacated unless it appears that the property "is useless for the purpose for which it was laid out." Minn. Stat. ~ 505.14 (1998). Property dedicated to the public for its use is rarely vacated because it must be shown that the property is both currently useless for the purpose for which it was laid out and also that it lacks any potential future uses as well. It does not matter that the property is not currently used or that it may be difficult to develop for its dedicated purpose. It is also not a balancing test as to what is in the public's best interest. Rather, the focus is on the public's right to use the property and whether the property is useless for its dedicated purpose. Three key Minnesota Supreme Court cases set forth the rule. In Schaller v. Town of Florence, 193 Minn. 604, 259 N.W. 529 (1935), the plaintiff sought to vacate property located on Lake Pepin. The Court warned that careful consideration needs to be accorded such vacations and that it is the public interests and not private interests which govern those actions: Whether this very desirably located area, solemnly dedicated to public use, should be restored to private ownership and thus, perhaps for all time to come, lost to the Facsimile: (651) 297-4139 . TTY: (651) 296-1410. Toll Free Lines: (800) 657-3787 (Voice), (800) 366-4812 (TTY) . www.ag.state.mn.us An Equal Opportunity Employer Who Values Diversity o Printed on 50% recycled paper (15% post consumer content) (~~I!) Ms. Jenni Tovar, Planner December 10, 1999 Page 2 public and made an appendage to private enterprise for individual profit or enjoyment, or both, is a matter that should receive our most careful consideration. The present trend of public opinion is directed toward restoring to the public access to our lakes, our parks, and our forests for recreational and other proper uses. 193 Minn. at 614,259 N.W. at 534-35 (emphasis added, citation omitted). Likewise, in the case of In Re Petition of Krebs, 213 Minn. 344, 6 N.W.2d 803 (1942), the petitioner sought to vacate a street leading to Lake Bemidji. The petitioner claimed that the street proposed to be vacated was not used by the public and was not kept in repair. The Court rejected those assertions stating that mere non-use is not sufficient grounds for vacation and future potential use must be considered: Before it can be vacated, it must appear that the street is useless for that purpose. The evidence shows only that the street is not now used. This is not sufficient. It does not show that the street may not be used in the future . .. Moreover, we must not forget that the public includes persons other than those in the immediate vicinity. The general public has a true concern in the recreational facilities offered by the lakes which nature has so freely given us in this state. Their generous sharing by all will make for a healthier and happier people. The many not fortunate enough to be able to acquire the advantages of ownership of lake shore properties should not be deprived of these benefits. 213 Minn. at 347,6 N.W.2d at 804-5 (emphasis added). In Krebs the petitioner also contended that the street should be vacated because the public could get to the lake more conveniently by other routes. The Court firmly rejected that contention refusing to give any weight to the existence of other means of access: "[T]he question for consideration here is whether [the] street is useless, not whether some other street is more useful. The burden of making such a showing has not been met by petitioners." 213 Minn. at 348,6 N.W.2d at 805 (emphasis added). Finally, in the case of In Re Application of Baldwin, 218 Minn. 11, 15 N.W.2d 184 (1944), the petitioners attempted to vacate an unconstructed dedicated street providing access to Lake Minnetonka relying on the alleged non-use of the street and the fact that there were other means of access. The Court disagreed emphasizing the rights of the public and directing that the statutory term "useless" should not be given any restricted meaning: Ms. Jenni Tovar, Planner December 10, 1999 Page 3 Apparently lost in the shuffle were the rights of the public in the lake itself, for neither party seems to have given much consideration to the value of the Lake Street, located as it is on the shores of St. Albans Bay, in providing lake frontage and shore line for the use of the publiC for recreational purposes . .. The contest here is not a mere bout between private individuals with members of the public acting in the role of spectators. The public has a real and substantial interest in the outcome. .. Keeping in mind the value to the public of free access to and use of the lake shore, we at a loss to know how any part of Lake Street has become useless with in the meaning of that term as commonly defined. The word 'useless' which appears in . .. ~ 505.14 . . . should not be given any restricted meaning. Courts should ascribe to it the well-accepted connotation: 'not serving or not capable of serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose. ' 218 Minn. at 15-18, 15 N.W.2d at 186-87 (emphasis added, citations omitted). As the Court warned: "[A]ny decree of vacation must be supported by clear proof that the street has in fact become 'useless' to the public in the full and unrestricted meaning of that term." 218 Minn. at 19, 15 N.W.2d at 188. In this case, DNR asserts that the facts demonstrate that the property can be used, both now and in the future, by the public in numerous ways throughout the year. As a matter of law, it does not matter that the property may have been used little, if at all, by the public. This is especially true in those cases where the public is not even aware that it had the right to use the property. It also does not matter that the property is undeveloped. Finally, it does not matter if there are other public access sites on the lake or that if vacated the property may return to the tax rolls. The essential and only issue is whether the property is useless both currently and in the future using the unrestricted definition of "useless" ascribed to it by the Court in Baldwin: not scrving or not capable of serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose. Ms. Jenni Tovar, Planner December 10,1999 Page 4 If the facts show that the property is useable in its current state for its dedicated purpose or that it has potential future uses, it cannot be deemed useless and cannot be vacated. To do otherwise would clearly be unwarranted, contrary to well-established law and detrimental to the public's recreational needs by taking away another public water access site forever. Very truly yours, eC:R~~ Assistant Attorney General (651) 296-0697 cc: Scott J. Kelling Bill Johnson Kathleen Wallace Pat Lynch AG:334235. v. 1 ..T- - -- ",.---- r~~cI JJ]1/ 3: fj) frn y~ "'r;'-l'~1 ""31~'g filE c.~~. '.. r~ \1 ~d~ ft} ~. ;.: Decembe 9. 199Q Charlie Brown TSP One Inc. 21 Water Street Excelsior, MN 55331 RE: Charlotte Roehr 15322 Red Oaks Road Permits Dear Charlie, This letter is written in response to your inquiry of the status of Charlotte's permits. Demolition Permit: No permit has been applied for as of yet. Enclosed is a Demolition Permit application. Any fees associated with this permit can be combined with the Building Permit. Building Permit: 1. Assent Form for Resolution 99-11PC and 99-12PC needs to be signed with Charlotte's signature as the property owner. 2. ExcavatingIFilling Permit must be approved by the Engineering Department. 3. Assuming the vacation is approved by the City Council, a revised impervious surface worksheet will be required as Charlotte's lot area and impervious surface will be increasing. 4. Survey must indicate proposed "lowest" floor rather than basement elevation. 5. Low spot on Lot 28, needs a culvert under the driveway. 6. Erosion control plan. 7. Approval from DNR to fill below 904 elevation. 8. Driveway to be hard surfaced. ExcavatinglFilling Permit: See attached letter from Engineering Department. If you have any questions regarding these items, please do not hesitate to call me. It is our intention to have your permits pre-approved to the vacation of Red Oaks Road by the City Council on December 20, 1999. We will not issue your excavation/filling permit until written approval is received from the DNR. Thank you for your attention to these issues. D;;~~ j0-JCuJ ~i Tovar Planner Cc: Sue McDermott, Assistant City Engineer Paul Baumgartner, Building Plans Examiner Don Rye, Planning Director Frank Boyles, City Manager L:\99FILES\99CORRES\JENNI\15322permitstatus.doc 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Charles Brown TSP ONE, INC. 21 Water Street Excelsior, MN 55331 SUBJECT: APPLICA nON FOR EXCA V ATING/FILLING PERMIT 15322 RED OAKS ROAD Dear Mr. Brown: The Engineering and Planning Departments have reviewed the subject permit application for construction of a driveway at the subject property and have the following comments: 1 C':1. ~---- _n_. 1.._ :--.-11-..:1 -- :-..:1:__+_..:1 __ .1.._ _++__1.._..:1 _n_._.. __..:I :_____+_..:1 1.... r-:.... 1. ~JJL ~1i:iU"C UIU;)L U~ Ul';)L4U,",U a..3 l.l1Ul.....a.L'"'U UU LU,,", aua"utwU .;)~j V"') auu Ul.;)p~"L~U U) \""JI.)' staff prior to any land disturbing activity. Call Walter Ehresmann in the Engineering Department at 447-9837 to arrange the inspection. 2. A culvert will be needed to drain the low spot at the northeast corner of Lot 28 on the west side of the proposed driveway. 3. There appears to be grading on the adjacent two properties. A letter of permission from the adjacent property owners is needed. 4. A permit is required from the DNR for any activity below the 904 elevation. The excavating and filling permit will not be issued until DNR approval is obtained. 5. The driveway entrance as shown on the plan does not appear to be consistent with the location of the existing curb cut.. If the driveway is located outside of the existing platted roadway, an additional easement will be required from the property owner to locate the driveway on private property. 6. The entire driveway needs to be hard surfaced per the Zoning Ordinance. It must be paved with asphalt or concrete and indicated on the plan. If you have ariy questions, please call me at 447-9832. Sincerely, ~wJ)~* Sue McDermott, P.E. Assistant City Engineer City of Prior Lake cc: Jenni Tovar, Planner 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 G:\LETIERS\SUE99\GPROEHR.OOC AN EQUAL OPPORTUNITY EMPLOYER NOV 30 '99 10: 16AM HUEMOELLER & BATES P.1/7 FAX TRANSMISSION HUEMOELLER & BATES 16670 Franklin Trail Prior LakEl, MN 55372 (612) 44-7-2131 Fax: (612) 447-5628 To: Fax #: Jenni Tovar - City of Prior Lake Date: November 30, 1999 10f7 447-4245 Pages; From: Bryce Huemoeller Subject: Red Oaks Vacation CONFJDENTWJTY NOTICE: The dommenc(s) accompanying rhis fax. cOlltarn confidenrial information which is legally privileged. The infonnmion is incended only for che USt of the inzended recipiefll. lfyou are flat lhe intended recipient, you (Jrll hereby 7lorified ch"t any disc/a.W,lre, copying, dislriburion 01' lhe taking of any action in reliance on the COTlltlllS of the telecopied injonnacio/l /!,1:ct'pt its dittet delivery to the intended rtJcipiem named aho\Je is scrictly prohibited. lfyo/J. have received chisfax in Ural'. please nocify liS immtdiately by /elephone to arrfJngejor recum of the original documents 10 us. COMMENTS: I have revised the proposed Driveway Easement in response to Suesan Pace's comments: 1. A new Paragraph 2 has been added for the use of the easement by emergency personnel. 2. Paragraph 3 (formerly 2) has been revised to prevent interference with emergency vehicles and persoooel. 3. The first page has been reformatted so that the document can be filed as a standard document. cc: Suesan Lea Pace, Esq. (via fax 338-7858) cc (via mail): Charlotte L. Roehr Michael and Ann Finnegan Robert and Selma Kist NOV 30 '99 10: 16RM HUEMOELLER & BRTES P.2/7 DECLARATION OF DRIVEWAY EASEMENT This agreement is made effective , 1999, by ROBERT P. KIST and SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E. FINNEGAN, husband and wife, and CHARLOTTE L ROEHR, a single person (the Kists, FiIUlegans and Roehr being collectively referred to herein as the "Declarants"). RECITALS A. The Kists are the owners of rea) property in Scott County, Minnesota, legalJy described as follows, to-wit: Lot 27, RED OAKS, Scott County, MiIUlesota, EXCEPT that part of said Lot 27 lying southwesterly of a line described as commencing at the most easterly corner of said Lot 27; thence southwesterly along the southeasterly line of said Lot 27 a distance of 77,90 fee! to the point of begirming of the line to be described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to the rigbt a distance of 249.5 feet to the northwesterly line of said Lot 27, and said line there terminating. AND That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of tbe southeasterly line of said Lot 27, and southerly of the southeasterly extension of the most northerly line of said Lot 27. 113099 1 ~ NOV 30 '99 10: 17RM HUEMOELLER & BRTES P.3/7 B. The Finnegans are the owners of real property in Scott County, Minnesota, legally described as follows, to-wit: Lot 28, RED OAKS, Scott County, Minnesota. AND That part of Lot 29, RED OAKS, described as follows: Commencing at the southeast corner of said Lot 29, the same being the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feel IO the somherly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. AND That part of the 20 foot Road adjacent to the easlerly line of Lots 28 and 29, RED OAKS, Scott County, Minnesota, lying northerly of the southeasterly extension of The somherly line of said Lot 28, and southerly of the southeasterly extension of the northerly line of that part of said Lot 29 described as tollows: Commencing at the southeast corner of said Lot 29, the same being the northeast comer of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minUtes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. C. Roehr is the owner of real property in Scott County, Minnesota, legally described as follows, lO-wit: Lot 29, RED OAKS, Scott County, Minnesota, EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42h 2 NOV 30 '99 10: 17AM HUEMOELLER & BATES P.4/7 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. AND Lots 30, 311 32 and 33, RED OAKS, Scott Coumy, Minnesota. AND That part of the 20 foot Road adjacent to the northeasterly and easterly lines of Lots 29 to 33, RED OAKS, Scott County, Minnesota, lying southerly of the southeasterly extension of the northerly line of said Lot 33, and norlherly of the southeasterly extension of the northerly line of that part of said Lot 29 described as follows: Commencing at the southeast corner of said Lot 29, the same being the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds WesT. (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minures 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. NOW ~ THEREFORE, the Declarants hereby declare and establish a nonexclusive perpetual easement for ingress, egress, driveway and utility purposes, which shall be appurtenant and run with the title to each of the above described parcels (which are referred to herein individually as a "Parcel" and collectively as the "Parcels"), and subject to the covenants and charges herein, over, across and upon the following portions thereof (the "Driveway Easement"), to-wit: That part of the 20 foot Road adjacent to the northeasterly and easterly lines of LOIS 27 to 29, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of the southeasterly line of said Lot 27, and southerly of the southeasterly extension of the northerly line of that pan of said Lot 29 3 ~il' NOV 30 '99 10: 18RM HUEMOELLER & BRTES P.5/7 described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29. a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. 1. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The owners of each of the Parcels shall perform, as and when such owners deem necessary, and pay the cost of such improvements to and maintenance of the Driveway Easement as may be reasonably necessary for access to the owners' Parcel. (b) Restoration. If the Driveway Easement or any improvements thereto are damaged or destroyed by any cause, any owner who has use for the Driveway Easement may restore it. (c) Other Rights. Nothing in this Declaration shall prejudice the common law or statutory rights of any owner to recover from any other owner for negligent or willful acts or omissions. 2. EMERGENCY ACCESS. A general easement is hereby granted to all police, fIre protection, ambulance and oIher similar emergency agencies and personnel to enter upon and use the Driveway Easement in the proper performance of their duties. 3. LIMIT A TION. No owner of a Parcel shall cause or permit obstruction of Of interference with the rights in Of use of the Driveway Easement by any other owner or emergency vehicles and personnel. 4. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and inure to the benefit of each owner of the Parcels, and their respective heirs, successors and assigns, for a tenn of 20 years from the date it is filed for record. Thereafter, this Declaration shall automatically renew for successive periods of 10 years. (b) Amendment. This Declaration may be amended with the written approval of all record owners of the Parcels. Any amendment shall be made in fIleable form and effective on the date filed for record of filing with the Scott County Registrar. 4 NOV 30 '99 10: 18AM HUEMOELLER & BATES P.6/7 (c) Plural. The singular shall include the plural, and plural may be read as singular, where appropriate, and unless the context otherwise requires. (d) Gender. The masculine gender may be read as the feminine gender .,... or the neuter gender, where appropriate, and unless the context otherwise requires. (e) Liability. The obligations of the owners of the respective Parcels shall be joint and several, except where the context otherwise requires. (f) Enforcement. Any owner may enforce~ by a proceeding at law or in equity, or both, any provision of this Declaration. The proceeding may seek to restrain the violation and to recover the damages resulting therefrom, together with the costs of the proceeding, including reasonable attorneys' fees. (g) Captions. The captions herein are inserted only for convenience and reference and do not limit the scope of this Declaration. (h) Severability. Invalidation of any provision of this Declaration by any Court shall not effect the remainder hereof, which shall continue in full force and effect. ROBERT P. KIST MICHAEL G. FINNEGAN SELMA KIST ANN E. FINNEGAN CHARLOTTEL,ROEHR STATE OF MINNESOTA) )ss. COUNTY OF ) This Declaration of Driveway Easement was acknowledged before me on this day of , 1999, by Robert P. Kist and Selma Kist, husband and wife. Notary Public 5 NOV 30 '99 10: 18RM HUEMOELLER & BRTES P.7/7 STATE OF MINNESOTA) )S5. COUNTY OF ) This Declaration of Driveway Easement Was acknowledged before me on this - day of , 1999, by Michael G. Finnegan and Ann E. Finnegan, husband and wife. Notary Public STATE OF MINNESOTA) )S5. COUNTY OF ) This Declaration of Driveway Easement was acknowledged before me on this _ day of , 1999, by Charlone L. Roehr, a single person. Notary Public This instrument was drafred by: HUEMOELLER & BATES 16670 Franklin Trail Prior Lake, MN 55372 6 FROM EXHIBIT A I have reviewed the attached proposed request (Red Oaks Road Vacation) for the following: '0 Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain ./" ~........~ss Parks Natural Features ( Legal Issues 1 Assessment Electric ~ --- Policy Septic System Gas Buildina Code Erosion Control Other Recommendation: Approval Denial L Conditional Approval commrts: . U JILL &11M-uP ~ CWM,Gl..Vl ~ ~ ~ · Vfilffli~J:J;~~91 ~~ G~2~~~d;a~~~=~ Signed: ~~ Ik.L. Date: ~. q J 11'19 Please return any comments by Fridav. November 19. 1999, to Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9813 Fax: (612) 447-4245 f:\d ept\planning\99files\99vac\99-069\referral.doc Page 2 FROM (WED) 11. 10' 99 15: 58/ST. 15: ::.4/NO. 42606324,U ;--t DECLARATION OF DRlVEW A Y EASEMENT This agreement is made effective October _, 1999, by ROBERT P. KIST and SELMA KIST, husband and wife, MICHAEL G. FINNEGAN and ANN E. FINNEGAN, husband and wife, and CHARLOTIE L. ROEHR, a single person (the Kists, Finnegans and Roehr being collectively referred to herein a.s the "Declarams;"). RECIT ALS A. The Kisrs are the owners of real property in Scott County, Minnesota, legally described as follows, to-wit: Lot 27, RED OAKS, Scott County, Minnesota, EXCEPT that pan of said Lot 27 lying southwesterly of a line described as commencing at the most easterly corner of said Lot 27; thence southwesterly along the southeasterly line of said Lot 27 a distance of 77.90 feet to the point of beginning of the line: to be described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to the right a distance of 249.5 feet to the nonhwesterly line of sai~ Lot 27, and said line there terminating.. AND That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED OAKS, Scott County, Minnesota, lying nonherly of the northeasterly extension of the southeasterly line of said Lot 27, and southerly of the southeasterly extension of the most northerly line of said Lot 27. B. The Finnegans are the owners of real propeny in Scott County, Minnesota, legally described as follows, to-wit: Lot 28, RED OAKS, Scon Coumy, Minnesota. AND That part of the 20 foot Road adjacent to the easterly line of Lot 28, RED OAKS, Scott County, Minnesota, lying northerly of the southeasterly extension of the southerly line of said Lot 28, and southerly of me southeasterly extension of the northerly line of said Lot 28. 1 FROM lYV.t,.iJ) 11. ,LU '::J':J 1~::J';J/~.;.. .:J;;.J""r/..""-'. "":LU'uU~L~~L C. Roehr is the owner of real property in Scott County, Minnesota, legally '- described as follows, to-wit: Lot 29, RED OAKS. Scott County, Minnesota, EXCEPT that part described as follows: Commencing at the southeast corner of said Lot 29, the same being the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. AND Lots 30,31,32 and 33, RED OAKS, Scott County, Minnesou. AND That part of the 20 foot Road adjacent to the northeasterly and easterly lines of .\ Lots 29 to 33, RED OAKS, Scan County, Minnesota, lying northerly of the ':Y:1~1.1 southeasterly extension of the southerly line of said Lot 29 and southerly of the ~. Z(! southeasterly extension of the nonherly line of said Lot 33. ~.~ .J' 'f. ;f/_";' NOW THEREFORE the Declarants hereby declare and establish a ,...Jl'~V> nonexc1usiv perpetual easement or ingress, egress, driveway and utili purposes, .. " t.!'- w ch shall be app run WIth e U e to each of the above described parcels .f' ~: (which are referred to herein individually as a "Parcel" and collectively as the f-Jf "Parcels"), and subject to the covenants and charges herein, over, across and upon the following portions thereof (the "Driveway Easement"), to-wit: That part of the 20 foot Road adjacent to the northeasterly and easterly lines of Lots 27 and '28, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of the southeasterly line of said Lot 27 and southerly of the southeasterly extension of the northerly line of said Lot 28. 1. IMPROVEMENTS. MAINTENANCE AND RESTORATION. (a) The owners of each of the Parcels shall perform, as and when such owners deem necessary, 2 ----.-.; FROM (WED) 11. 10' 99 15, 59/ST. 15, 54/NO. 426063L'i>lL r " and pay the cost of such improvements to and maintenance of the Driveway Easement as may beJeasonably necessary for access to the owners' Parcel. 1 }\("\ . (b) Restoration. If the Driveway Easement or any improvements thereto are damaged or destroyed by any cause, any owner who has use for the Driveway Eas ernent may res tore it. fY\.t.)..,util..Au, - 6.u...f ro t- ~d., <Ii? . . 'lX:fl.""c e , (c) Other Rights. Nothing in this Declaration shall prejn ice the co=nKE.~~fes law or statutory rights of any owner to recover from any other owner r negligent or willful acts or omissions. Q;u.y. t-YY.- W-M,c.,/.e-' ~ h~ 'fW2-. ~ ~~ ~ ID ~/'..;J1u.. \~~~en+- 2. LIMITATION. No owner of a Parcel shall cause or permit obstruction of & ~ ~~ interference with the rights in or use of the Driveway Easement by any other owner. ~ r:::- 3. ~e~1 \!~tnCU"S: ..H' fk,tlH!f lOts (W r'"r"~ Y1..~ '<I~fl' '<Ii trc\: -t'Cuf ~ 4. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and vvi ~ inure to the benefit of each owner of the Parcels, and their respective heirs I successors'1:r ~ and assigns, for a term of 20 years from the date it is filed for record. Thereafter, this Declaration shall automaucally renew for successive periods of 10 years. , (b) Amendment. This Declaration may be amended with the w~~ approval of all record owners of the Parcels. Any amendment shall be made ~ form and effective on the date filed for record of f1ling with the Scott County Regisrrar. (c) Plural. The singular shall include the plural, and plural may be read as singular, where appropriate, and unless the contc:xt otherwise requires. (d) Gender. The masculine gender may be read as the feminine gender or the neuter gender, where appropriate, and unless the context otherwise requires. (e) Liability. The obligations of the owners of the respective Parcels shall be joint and several,. except where the context otherwise requires. Cf) Enforcement. Any owner may enforce, by a proceeding at law or in equity. or both, any provision of this Declaration. The proceeding may seek to restrain the violation and to recover the damages resulting therefrom, together with the costs of the proceeding, including reasonable attorneys' fees. (g) Captions. The captions herein are insened only for convenience and reference and do not limit the scope of this Declaration. 3 rnu:,'I':. (h) Severabiliry. Invalidation of any provision of this Declaration by any Court shall not effect the remainder hereof, which shall continue in full force and effect. MICHAEL G. FINNEGAN; ROBERT P. KIST ANN E. FINNEGAN SElMA KIST CHARLOTIE L. ROEHR STATE OF MINNESOTA) )S5. COUNTY OF ) -~~ This Declaration of Driveway Easement was acknowledged before me on this day of , 1999. by Roben P. Kist and Selma Kist, husband and wife. - Notary Public ST ATE OF MINNESOTA) )ss. COUNTY OF ) This Declaration of Driveway Easement was acknowledged before me on this - day of . 1999, by Michael G. Finnegan and Ann E. Finnegan, husband and wife. N mary Public 4 FROM lW'l.r..U)l.l. lU ';;J';t lO:UU/....~. ...........-:,......... ~lL..0v.............L...;_"'- '. ST A TE OF MINNESOTA) )55. COUNTY OF ) This Declaration of Driveway Easement was acknowledged before me on this - day of . 1999 1 by Charlotte L. Roehr, a single person. Notary Public This instrUment was drafted by: HUEMOELLER & BATES 16670 Franklin Trail Prior Lake, MN 55372 5 LEGAL DESCRIPTION FOR VACATED ROAD That part of the 20 foot Road adjacent to the northeasterly, easterly and southeasterly lines of Lots 27 to 37, RED OAKS, Scott County, Minnesota, lying northerly of the nonheasterly extension of the southeasterly line of sai~ Lot 27 and southerly of the southeast line of said Lot 37. rr DEPARTIIENT OF NATURAL RESOURCES November 22, 1999 1200 Warner Road Saint Paul Minnesota 55106 Phone 651. 772. 7937 Facsimile 651.772.7977 Ms. Jenni Tovar, Planner City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 Subject: Petition to Vacate a Portion of Red Oaks Road Right of Way - Public Hearing Notice Dear Ms. Tovar: On November 22, 1999, the Department of Natural Resources received a letter from the City of Prior Lake and a Notice of Public Hearing to Consider the Vacation of a Portion of Red Oaks Road both dated November 18, 1999. The public hearing is scheduled for December 6, 1999 at Prior Lake Fire Station #1. Minnesota Statutes 164.07, Subd. 2, requires "...petitioners shall serve notice of the order by certified mail upon the commissioner of natural resources at least 30 days before such meeting if the road to be vacated terminates at or abuts upon any public water..." The Department of Natural Resources will not agree to accept the hearing without the 30 days notice required by statute. Please serve the DNR notice of the petition according to statute should another hearing be scheduled. Please feel free to contact me if you have any questions. ..# c? /~ S ott J. Kelling"/ -' --; Area Trails and Waterways Superv;.tc>r c: Bill Johnson, Metro Region Trails and Waterways Supervisor Joan Eichhorst, Office of the Minnesota Attorney General Kathleen Wallace, Metro Regional Administrator Pat Lynch, DNR Area Hydrologist It\prlorv8CII_.wpd !f' DEPARTMENT OF NATURAL RESOURCES East Metro Area Trails and Waterwa s Sai Phone 651. 772. 7937 Facsimile 651. 772. 7977 December 2, 1999 Ms. Jenni Tovar, Planner City of Prior Lake 16200 Eagle Creek Avenue S.B. Prior Lake, Minnesota 55372 Subject: Petition to Vacate a Portion of Red Oaks Road Right of Way - Public Hearing Notice Dear Ms. Tovar: I have reviewed the information concerning the above application for vacation. Our department has looked into this matter carefully, and has decided to oppose this vacation. Generally, the Department of Natural Resources opposes all such vacations of public right of way adjacent to public waters for a number of reasons: . It is impossible to project what potential public uses and value public shoreline could have in the long-term. Once vacated, it is lost to the public forever. . The state owns the lake bed. Therefore, public access to public water should be retained whenever and wherever possible. . The street is currently owned by the public. It should not be given away to private interests. . The public can potentially use shoreline like that at Red Oaks Road for a variety of purposes including shore fishing, canoe access, winter access, swimming, picnic areas, sightseeing and others. These opportunities should not be given away. The Red Oaks Road Easement has additional outstanding features. Vacating the site would be a very significant loss: . The amount of shoreline proposed to be vacated is substantial, thereby increasing its long-term potential for public use. . The proposed vacation is located in an area with increasing population. This opportunity for Minnesotans to access their lake should be preserved. . Prior Lake is currently under-served in terms of public access. This site offers an additional long-term opportunity for the public to access a public lake. We recognize that immediate utility of this public shoreline is limited, and that its current best use is as an access road to private property, but recommend that the city retain ownership in the long-term interest of - ., .... the public. It is a disservice to state and local residents to give away valuable public property to accommodate a single individual. The city should continue to explore options for accommodating the needs of the affected private interests, but retain ownership. This road vacation proposal should be denied. Thank you for the opportunity to comment on this proposal. If you have further questions, please contact me. Sincerely, /. ~:? /rP2- Ar~= ~ra~:l~: Waterways pervisor c: Bill Johnson, Metro Region Trails and Waterways Supervisor Joan Eichhorst, Office of the Minnesota Attorney General Kathleen Wallace, Metro Regional Administrator Pat Lynch, DNR Area Hydrologist H:\plforvIClllHllCloal<ldenlal.wpd RESOLUTION 99-120 RESOLUTION INITIATING THE VACATION OF A PORTION OF THE RED OAKS ROAD RIGHT- OF-WAY ADJACENT TO LOTS 27-37, RED OAKS BY: Wuellner SECOND BY: Petersen WHEREAS, Red Oaks Road adjacent to Lots 27-37, Red Oaks, is dedicated as a public road; and WHEREAS, this section of Red Oaks Road is not improved to City standards, and WHEREAS, the adjacent property owners wish to make some improvements to this road; and WHEREAS, in order to determine whether the vacation of this easement is or is not in the public interest, the City Council has initiated the vacation process by motion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the process for the vacation of a portion of the Red Oaks Road right-of-way adjacent to Lots 27-37, Red Oaks, is hereby initiated. Passed and adopted this 1 st day of November, 1999. YES NO MADER X MADER KEDROWSKI X KEDROWSKI PETERSEN X PETERSEN SCHENCK X SCHENCK WUELLNER X WUELLNER {Seal} r\c.Olrocil\re~01uti\p1\lnr.l:s\99\92.:12Q.doc F.age 1 162uu cagle CreeK Ave. ::5.c., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY ErvlPLOYER Planning Commission Minutes November 8,1999 Cramer: . Agreed with the Commissioners' views. Vacate the entire portion. Tovar said this action will go before the City Council on December 6, 1999. The process of vacating the entire roadway by the residents could take 3 to 6 months. It could be a costly project for the City. Anderson said the entire street was surveyed in 1994 by Valley Survey. It would only have to be updated. Rye said the City needs a survey of what needs to be vacated. It is a private roadway. MOTION BY CRAMER, SECOND BY STAMSON, TO DENY THE VACATION REQUEST AS PRESENTED. Vote taken signified ayes by all. MOTION CARRIED. MOTION BY CRAMER, SECOND BY ST AMSON, TO RECOMMEND CITY COUNCIL RESEARCH THE RIGHT -OF- WAY FOR VACATION. Vote taken signified ayes by all. MOTION CARRIED. ~ ../ B. Case File 99-069 Charlotte Roehr is requesting the vacation of a portion of Red Oaks Road adjacent to Lots 27-37, Red Oaks. Planning Director Don Rye presented the Planning Report dated November 8, 1999, on file in the office of the Plan Director. City Ordinance Section 1105.402 requires road access for uses permitted within designated flood areas to have road access at or above an elevation of not more than 2 feet below the regulatory flood protection elevation. Therefore, the minimum road access for structures on Prior Lake is 907.9. Charlotte Roehr has received an OHW setback and driveway width variances. A condition of the variance was the road be elevated as required by City Ordinance. Considering the road is public, there are options for a private property owner to construct such improvements. Such options include entering into a "Private Use of Public Property" Agreement, petitioning the City for a public improvement project, or requesting the City vacate the road. The intent of the Comprehensive Plan will be met as well as satisfying the public need for the utility/drainage easements. The Planning staff recommended approval of the vacation of the roadway subject to the granting of a drainage and utility easement over the roadway being vacated. f:\dept\p1anning\99files\99p1comm\pcmin\mn1l0899.doc 11 Planning Commission Minutes November 8. 1999 Comments from the public: Bryce Huemoeller, representing Charlotte Roehr, said they were present to support the request. Huemoeller explained this is an unusual plat, the road does not meet City standards and has never been maintained by the City. They tried to do an agreement to approve public property but felt that type of agreement was not appropriate for this use. There are no other public interests that need to be considered. This affects 2 properties. The utilities are not effected by the vacation. It solves an unusual and complicated problem for the City by approving the vacation. Comments from the Commissioners: Stamson: · Concurred with staff and their conditions. · If the applicant has to maintain it, she should own it. Cramer: · Concurred with staffs recommendation. This is a very amicable solution. V onhof: . Agreed. · Noticed the Declaration of Driveway Easement has not been signed by the property owners. · Huemoeller said the neighbors will sign after the approved vacation. . A signed copy should be included in this vacation. There should be a legal instrument. MOTION BY VONHOF, SECOND BY STAMSON, TO APPROVE THE REQUEST. Vote taken indicated ayes by all. MOTION CARRIED. 7. Announcements and Correspondence: A. Proposals for Planning Commission Bylaw changes. There were no concerns for changes. 8. Adjournment: The meeting adjourned at 9:52 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary 1:\99fi1es\99plcomm\pcmin\mn 11 0899.doc 12 TOPOGRAPHIC SURVEY PREPARED FOR: CH.e..R:"'OTTE ROEHR '15322 RED OAKS ROAD S.E. PRIOR LAKE, MN. 55.372 VALLEY SURVEYlNG CO., P.A. 16670 FRANKUN TRAIL SE. SUITE 230 PRIOR LAKE NlN. 55372 PH. (612) 4-47-2570 FAX (612) 447-2571 EXHIBIT :~ ",-.-, ~ . N88"26' 4-5"W 120.00 ....... ....... ........ ........ ....... ....... ~ ~ 'v 0,0, ,f>\ ........ ........ ....... ....... I~~-.... ....... ........ ....... ....... ........ ,jl :\\ 00- Cl . . ~ o,a''/ <<. 0" ........ / I ..... ,.-.::;::."/ '::"-'/' '../ ........ ....... ~'? ""-." PRIOR - \ L -l 902.0 i/3/99Ak[ ~[~..\ I: -rv I, I j I GRAP~lC SCALE 0 20 '0 I I Biii1 ~ ~ I ", \', , , ,,, \ " '".\ \, \, \ \ ( iN ,:::::r 'nc:. = 20 rt. ~~OP~.=!:TY 'JESCRIPnQN .J.S ,:lROVlOEO: 1_01 :9. :~e:!J OAI<S .)0 .~rior '_eke E:):;CZ?f U'lo~ :)QI't Jo!SQ'I04<t 0:1 fOlIO,,"':'I: CQmmcnc:nq Jt lhe ,ou lhea~l ";0("<< "t 'Clad '_ot 29. :1141 3Qrn~ Jctnq tJ'H!I: f\OnnCQ3t ':Q(nfl" 'Ji LoJt :3 Ji UJad ,)jOt; :httrlce '~Ofth cia jaqt," 21 ;lllt1UtU ..'2 ~.cona~ 'He,t (os3Um.a :'IIOIIOQ) ::tonq ihe :IQ~Hhel.ly tin. oi 3Qid ~O( :9. 'J :jisl0nca oi 1..1~9 fu( t~ the ,'OM'll oj ~eqll1nlf'lq or ~~ land to Oil! je~Ctloea; :n<<lU ,"orln 62 ,j89"u~ ~ minutu ~2 secoll\.is '/test 1.57.47 leel :0 the ....'sl.fly iin. at laKi '~Qt 29: \l\cnc:. $outn j:z J~(eu IJO rn"".Ices -40 iecOOQ.2'tV~( Jlonq wid "c~certy 11n4 17.29 facf to] tn. SOUlher1y IIn.. ~I loid Lot 29: th~cs }QUI.h 5a ~eq("3 21 minutes "2 'ltCanes Eost !~.o6 f..~ ~onq satcJ !OIIthetlY line to tn. pO$n( JI ~C\f"u\tnq. . Denotes iron I,donum~nt ;rJuna o Denotes :ron ,-;lonumenl 3et and marxed oy License No. 1018.3 ..\::;.>' LOl3 Ihirly (,~OJ. rhwty-OI1. (.31). rhw-ty-h,O (.32) eM ihlrly-U"ee! (':'.3), ,~EO OAKS 00 Prklt Laile 4ccarainq to th_ ,Iat theteol lil4d 01 reCl)(d in In_ vHic. 01 the ~.qI3C'" 01 0..0.1 for ~d SClJCC C~ncy. .\AinftuOCa. .:.:6:'~::) i hereby certify that this topographic survey -..05 prepared ':Jy me or under my d~'rec: .. perv1slon ono that I om a duly Lice 7 land Surveyor under the lows f: State 10f lJ'i7:g AAJ./ (/ 2/<,d Minnesota License numd-<fr J 018.3 Doted this 15th day 01 January, 1999 i'levisea 5-3-99 To od;"'st S. end of E>. Drive.woy nnri ~n .::nn.... ~r~n MH .1/ P P. .3 on. 1~~~.:"~::~\~'\'.11~"i..~ .r ,.:,j~, .', . ,,"-'N" \,..1 ..., _.'1 '.' 1 ',. :i;!;i;:~i':i :::i \;;!:. ;,," ,,' <:.;l t'-~ ". '" ,\;;. . ' . ~ ~: .: ~ ," . -Q" " ()~ ~ ~ I\! 1: "S- . ,-t! ~ ~ ~~~~ ~ . -t . ~!', 1: {lit ~ 1~5 .~ d1 ~ ~l t,t~ _~I ~ jr" ~~ 8l:~ c ji~ ]~ ~l~ ~\ ~.~ ~t li ?\\l ~ ~ ".;. r,~ '.\. LL o z o - i t ~ ~ -~ ~ ., "b ~ "" ~ ~ ~ W) .... .~ .-.t .~ 'J \_'fi:~~~ '. , t' >. ..~ ',;'; !! '~' .:!~ -i~ ~.s,:f, liS .., ';i '\,- ;.. .' ,. " [ ,I. ,,;, .,. :'.' "'~' r. ~ !, .:, " , , . .' ."(i~ ~, -...... .. ._.i.h__._....-...U..-.-------.-..~-..--... RESOLUTION 99-11PC A RESOLUTION APPROVING A 26.0 FOOT V ARIAJ.'l"CE TO PER1'vIIT A SETBACK FROM ORDINARY HIGH WATER i\lARK OF 49.0 FEET INSTEAD OF THE REQUIRED SETBACK OF 75.00 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS I. Charlotte Roehr has applied for variances from the Zoning Ordinance in order to permit the construction of a single family residence with attached garage on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast corner of said Lot 29, the same being the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West IS7A7 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office of the Register of Deeds for Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #99-043 and held hearings thereon on July 12, 1999. 3. The Board of Adjustment has considered the effect of the proposed variance 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 variance on the Comprehensive Plan. f:\dept\planning\99files\99var\99-043\re99 1 I pc. doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , f --,.. - 4. 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 variance 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 3I,1.d Comprehensive Plan. 5. There is no legal building envelope for the lot. The lot is a peninsula and therefore, OHW setback averaging cannot be utilized. This results in a 75-foot OHW setback and no legal building envelope. 6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of the property does not exist without the granting of the variance. The applicant has designed a house meeting the previous 50 foot OHW setback. 7. The proposed house will be setback farther from the lake and at a higher elevation than the existing cabin as well as the adj acent structure. The proposed house will be above the regulatory flood protection elevation. 8. The proposed structure with the variance granted is within DNR recommendations. 9. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 10. The contents of Planning Case 99-043 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for future single family dwelling with attached garage as per Exhibit A , 1. A 26.00 foot variance to permit setback from Ordinary High Water, omv of 49.00 feet instead of the required 75.00 foot setback. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: I. The road access to the property must be at or above 907.9 elevation. A building permit will not be issued until a plan has been approved (public or private) to raise to road to be compliant with the required flood protection elevation road access of 907.9 f:\dept\planning\99files\99var\99-043\re99 1 1 pc.doc 2 -- ~--- -- -----~ -~-- ---- .:,). 0_0 .__________..-+._'~.___"_n_.h '-". 2. A revised survey must be submitted indicating the screened porch and second story deck meeting the 49.00-foot OHW setback. This must be submitted prior to the issuance of a building permit. 3. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and pursuant to Secti9n II08.415 of the City Code, the variance will be null and void if the necessary permits are not obtained for the proposed structure within one year after adoption. of this resolution. Adopted by the Board of Adjustment on July 12, 1999. th~S Ch' An ony tams on, aIr a:ST Donald R. Rye, PI f:\dept\planning\99fi1es\99var\99-043\re99 1 1 pc.doc " .) TOPOGRAPHIC SURVEY PREPARED FOR: CH.~RLOTTE ROEHR 15.322 RED OAKS ROAD S.E. PRIOR LAKE. MN. 55.372 VALLEY SURVEYING CO., P.A. 16670 FRANKUN TRAIL SE. SUITE 230 PRIOR LAKE NlN. 55372 PH. (612) 4-47-2570 FAX (612) 447-2571 . N88.2S' 4-S"W 120.00 . - . . .. . - ~~<<~~~~ii~i~A~ EX HIBIT A ~..."'.;;~~:~~~ir:TbJ ,.. , ~.~:~:~;;~ . ...~ ....... ....... ....... ....... ....... ~ "t v 0,0, ...\0:>\ ....... ....... ....... ....... .:\ ~ :\\ . .....0 ,,? .. ~ o,a' << 0" ~~~~--------- .!/'~ /J)/ /j'-~~~.' ~~~ ~ I ."j...... " '\ ~ I ~~t .......... ./ : va- ....... '~~....... ....... ....... ....... ....... ....... / / ...... ....... ....... ")~ ~".'- \ "" PRIOR - \ cl 902.0 LAkr- 7/8/99 C. ~[.\. f)' \Q j I PROP~.Rrr 1Esc.RIPnQN ~S PRO'AOEO: I..at :9. .~EO OAKS on ,~riOl' '..Ok.. CcCZ?T ~QI oat't C:It.sc;rIQcG as 10Ilc"'1:: Commcnc:nq Jt the ,oulheG34 ...Otn.. 'JI !old lot 29. ~. lam~ Jlltlf'lq 'rht nQ4'tneo:S1 .:ornll,. oJl L\Jt :3 J' soid plot: (httnca Nortn dB d~.eo:s Zl mInutes -4'2 !ltconO:l Nnl (Q=3um~ ~eotll1q) ~Ionq :he southe.1y line ot ~id I..at :9. Q dlstenes 01 1J.!9 1..( t\l th. ;10NU QI beqannll1q Q' the land to oe .je:scnQed: :nence Nonn 152 l.!eoqt... ~ mll\U~U ~2 s4Icou\Js Ne$t IS7.47 :... '0 the ...,,'tslatly 1W'l' at SClMJ Lot 29; U\.,ce '$oul.n J2 Jeqrcu lJO minute" ..0 ,econ~ Ndt .JIClnq s..ud 44=:11etly Un. 17.:9 r...1 to 11\. .south4lf'ly II". GI ':Sod Lot 29; 'hence South d! '3eq'''$ 21 miout" 4'2 1ltCon<1S rC5( t~.d6 t'.I. .:lone; SO.a .s~th..ly une to the 0;)01111 ~t ~<itq'"n.,.q. GRAPHIC SCALE .0 :0 '0 1 I I - I!IiilI ~ ~ iJI:I I ( IN FEET ) !nch = 20 (L . Denotes iron .\.tonum~n t F OUf'la 0 Denotes Iron Monument 3et end morKea ~y License No. 1018.3 0114 ~o.. Ihirty (JOI. n.lrtV-<M1. (Jl). n...tv-two (J2) end Ihw-tv-,n,.. (JJ). ~EO OAKS on P,;o. Leila Qcco,oinq IQ lh. ;Ilot tn.eol Iiled 01 recol"d in In. 0Hic:. 0' 11\. ~.ql$tw 01 a.ttJtI rOt' 'SGkS ScaU C.ounl Y. .1,""''',"0(0. .:.~() .-A 1018.3 01 January, 1999 S. end oi Ex. Driveway e \JL! ~_-2-'-..l:. RESOLUTION 99-12PC A RESOLUTION APPROVING A 15.0 FOOT V ARIA1'fCE TO PER1'VIIT A DRIVEWAY WIDTH OF 39.0 FEET INSTEAD OF THE MAXIMUl\'1 WIDTH AS MEASURED AT THE PROPERTY LINE OF 24.0 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Charlotte Roehr has applied for a variance from the Zoning Ordinance in order to permit the construction of a single family residence with attached garage on property located in the R-I (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15322 Red Oaks Road, legally described as Lot 29, Red Oaks on Prior Lake EXCEPT that part described as follows: Commencing at the southeast comer of said Lot 29, the same being the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. And Lots Thirty (30), Thirty-one (31), Thirty-two (32) and Thirty-three (33), Red Oaks on Prior Lake according to the plat thereof files of record in the Office of the Register of Deeds for Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #99-043 and held hearings thereon on August 9, 1999. 3. The Board of Adjustment has considered the effect of the proposed variance 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 variance on the Comprehensive Plan. f:\dept\planning\99files\99var\99-043\re9912pc.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245eAN EQUAL OPPORTUNITY E~IPLOYER 4. 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 variance will not result in the impairment of an adequate supply of light and air to adj acent 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. 5. The lot is a peninsula and the access to the road must be raised to 907.9 elevation. A turn around must be provided at the end of the road, which is adjacent to the applicant's property. There is limited space to construct a turn around, as the-road was platted in 1930. 6. There is justifiable hardship caused by the peninsula shaped lot as reasonable use of the property does not exist without the granting ofthe variance. 7. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 8. The contents of Planning Case 99-043 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for future driveway with turnaround as per Exhibit A; 1. A 15.0 foot variance to permit a driveway width of 39.0 feet instead of the maximum 24.0 foot width as measured at the property line. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and, pursuant to Section 1108.415 of the City Code, the variance will be null and void if the necessary permits are not obtained for the .proposed structure within one year after adoption of this resolution. Adopted by the Board of Adjustment on August 9, 1999. f: \dept\planning\99files\99var\99-043\re9912pc.doc 2 ~ f: \dept\planning\99fi1es\99var\99-043\re9912pc. doc ~ Anthony Stamson, Chair 3 ~~:+:'~;': ". ':":~:':~/~/' '~~;':r: . ~ . ~ . "t, .~',~~"~~::'>'. : "f.~..I.:.~~~ /, ;;~~ilIBIT A ,};~'~t~i. ' ".. .:1. .J 'l-O.r 00:.r~C'i 00, f';y ~ ..~~.. : ...... t.;.r" . ~ " :;.:. ~ . ! .' '. ,- " w.../ ~ ~O) --.J~ ~ - . . 0::0 ON __ 0 O::~ QcJ -;;- , J. <::5~ ' /OJ 00'0< . .j';; .~' .' , ..) Q 00. ;.~O"" v. O$' .";::,'.1..1 Q . "",~,;~'''2; . ~ . ,. ;?<~~I'" ". . i' ~__: :ft'~J~~, t,,~' ~ :.'ltS(~"'~'\"f ~ i\;[iJ.;~ '~". iV / / / / / (I: J? Cb J? \ .::,~(, .::~. . . .. ~,... /~' ~~,j.j i" ~i~P~*' 'f'~~~f~~tt~x~~IIK;l;;~;(~l~); ~ r,:'h -" ~~ !':: ...., .' 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I have reviewed the attached proposed request (Red Oaks Road Vacation) for the following: Water City Code Grading Sewer Storm Water Signs Zoning ./ Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other 5k." ~r--. \ -=6:0~""-,,, .....J Recommendation: Approval Denial Conditional Approval Commenls: <" I ~ ~ ~ 'VI^- 0\.. Si'() ~ \ a....J f \ ~f~ tl~;..~: . ,-.L~+ op{'<> ~ ~~:'J~~Srtf ;7~~~f;~S51HW A4!- +~n5 \ l"Ic.~. {100/ ;~~ ~~?~~~~ ~~ffd /0: ~ (J1t '. ~ .i t( ~:f ~ -n'::d eW~~ ? , y~~~ V~ LY~ Please return any comments by Friday, November 19, 1999, to i' C; ~ \ @ @ @, O~J~ .!I'i...! JenniTovar, Planner D ~ 1\1\\\\ I II 1\ City of Prior Lake . l\ 16.000 Eagle Creek Avenue SE \\J\ NO\[ \ 2 1999 \\U \ Prior Lake, MN 55372 1\ \ \. j0.J .U Phone: (612) 447-9813 ! ..-- Fax: (612) 447-4245 Signed: Date: ~-l / '1 J 19 / t f:\dept\planning\99files\99vac\99-069\referral.doc Page 2 Properties adjacent to requested vacation o 400 800 1200 Feet ~ N