HomeMy WebLinkAboutLand Division Request Gilbert Anderson
STAFF AGENDA REPORT
DATE:
6B
JENNITOVAR,PLANNER
CONSIDER ADMINISTRATIVE LAND DIVISION WITH
VARIANCE REQUEST FOR GILBERT AND JOANN
ANDERSON ON PROPERTY LOCATED AT 16122 AND
16126 LAKESIDE AVENUE
MAY 5,1997
AGENDA #
PREPARED BY:
SUBJECT:
INTRODUCTION:
The Anderson's submitted an application for an
administrative land subdivision which includes a variance, to
Ordinary High Water width. Administrative land divisions
are approved administratively if there are no variances or if
there is no written appeal received within 10 days of
notification. Since this request includes a variance, the
Council must review the application. Following a public
hearing, the Council may decide to hear the request now,
and act upon it. As an alternative, the Council may refer the
item to the Planning Commission for input following the
public hearing (see Exhibit A). The public hearing notice
(attached) has already been mailed indicating that the
Council will conduct a public hearing on May 5th.
ANALYSIS:
The applicant is proposing to combine two substandard
existing lots of record (16126 and 16122 lakeside Avenue)
to create one lot for the future construction of one single
family dwelling. The lots are located on lot 42 and part of
lots 41 and 43 of lakeside Park Addition. lakeside Park
was platted in 1921 (Exhibit B). The original plat shows that
the lot width along the lake side to be about 50 feet for each
lot. A recent lot line dispute between adjacent property
owners in the area was resolved (through arbitration),
resulting in the lot lines as drawn on the survey.
The proposed lot will meet the requirements as to lot area
and lot width at the front yard setback. OHW width is
required to be 75 feet, hence the applicant is requesting a
3.48 foot variance to permit OHW width of 71.52. The
proposed structure will meet setback and impervious
surface requirements. The existing and proposed lot
conditions are as follows (from Exhibit C, Survey):
16200 E~~J~~\SZ~~~E:~~\81<m~eMinnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Lot Area Front Lot OHW
(Sq. Feet) Width Width
Shore land District Requirement 15,000 90 feet 75 feet
Existing Lot (Vacant) 19,668 97 feet 31.97 feet
Ipart of 41 and 42
Existing Lot (Existing House) 19,777 97 feet 39.55 feet
Part 0f 42 and 43
Proposed Combined Lot 39,445 194 feet 71.52 feet
Lot 42 and Part of Lots 41 & 43
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in
undue hardship with respect to the property.
This criteria goes to whether reasonable use can be
made of the property if the Ordinance is literally
enforced. The variance request to OHW width is an
existing condition. There is a hardship with respect to
the property because those dimensions cannot be
changed to meet the criteria of the ordinance.
2. Such unnecessary hardship results because of
circumstances unique to the property.
The unique circumstances are the pie-shaped lot area
and the platting of the property prior to the establishment
of the shoreland regulations. Considering that those are
existing conditions created in 1921 and they cannot be
altered to meet the ordinance requirements, hardships
do exists for OHW width.
3. The hardship is caused by provisions of the
Ordinance and is not the result of actions of persons
presently having an interest in the property.
The OHW width is a hardship that are not the result of
the applicant's actions. The property was platted in
1921 with approximately 50 feet of lot width for each lot
in Lakeside Park. The Shoreland Ordinance was first
adopted in 1987.
4. The variance observes the spirit and intent of this
Ordinance, produces substantial justice and is not
contrary to the public interest.
Considering that the two lots are existing lots of record,
1:\97files\97adp1at\97 -037\97037 cc.doc
ALTERNATIVES:
RECOMMENDATION
ACTION REQUIRED:
REVIEWED BY:
they could be built upon separately. Each lot is
substandard (does not meet OHW width) but can be
built upon because each lot has at least 50' in width
measured at the front yard setback and more than 7,500
sq. feet in area (see Exhibit 0 Developable-Site Area).
The applicant is proposing to combine the two lots,
reducing the non-conformity of the OHW width as much
as possible.
Staff feels that the existing lots, platted prior to the
implementation of the Shoreland Ordinance, present
hardships that are unique to the property and under no
control of the applicant. The proposed combination of two
substandard lots is in the best interest of the public. Staff
recommends approval of the variance and the administrative
land division with the condition that 10 foot drainange and
utility easements are granted to the City (except on property
lines adjacent to the lake).
1. Following the public hearing, City Council could make a
decision regarding the variance request and
administrative subdivision.
2. Following the public hearing, the City Council could
refer one or both of the requests to the Planning
Commission for input or request that the Planning
Commission hold a public hearing on the variance
request.
In the absence of receiving significant new input from the
public hearing then Alternative 1 would be appropriate. If
new information or questions arise, then the Council may
wish to pursue Alternative 2.
If the Council wishes to act upon the petition, a motion and
second to adopt ReSOlcg7-~ approving the variance
request and Reso\ 'on 7-XX approving the administrative
plat., {
Frank Boyles ity Ma ager
I: \97 files\97 adp lat\97 -037\97037 cc.doc
RESOLUTION 97-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF GILBERT AND JOANN ANDERSON.
MOTION BY: ___
SECOND BY:
WHEREAS: notice of the said administrative plat has been duly published and posted in
accordance with the applicable Minnesota Statutes and Prior Lake Ordinances;
and
WHEREAS: all persons interested in this issue were afforded the opportunity to present their
views and objections related to the administrative plat for the record at the City
Council hearing; and
WHEREAS: the City Council has reviewed the administrative plat according to the
applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said plat to be consistent with the provisions of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for administrative plat
approval of Lot 42 and parts of Lots 41 and 42, Lakeside Park as described in
Exhibit A (attached), for Gilbert and Joann Anderson on May 5, 1997, and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for
the combination of lots as described in attached Exhibit A (legal description) and shown in
attached Exhibit B (survey) with the following condition:
1. A 10 foot drainage and utility easement be granted to the City on all lot lines except those on
the lake side (west side) of the lot.
Passed and adopted this 5th day of May, 1997.
YES
NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenck
1:\97files\97adplat\97-037\ccresplt.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
{ Seal}
City Manager
City of Prior Lake
1:\97files\97 adplat\97 -037\ccresplt.doc
Page 2
EXHIBIT A
ANDERSON PARCEL 1:
( PI D No. 2-5 0 9 6 0 2 5 0 )
That part of Lots 41 and 42,
County, Minnesota and that part
lying between said lots and the
described as follows:
"LAKESIDE PARK", Scott
of the area in said plat
shoreline of Prior Lake,
Beginning at the northeasterly corner of said Lot 42;
thence North 72 degrees 34 minutes 12 seconds West,
assumed bearing, along a line drawn from the
northeasterly corner of said Lot 42, to the most
northerly corner of said Lot 41, a distance of 241.96
feet to said most northerly corner of said Lot 41; thence
North 55 degrees 12 minutes 51 seconds West to the
shoreline of Prior Lake; thence southwesterly along said
shoreline to its intersection with a line drawn North 49
degrees 56 minutes 32 seconds West from the most
northerly corner of Lot 40, of said plat; thence South 49
degrees 56 minutes 32 seconds East to said most northerly
corner of said Lot 40; thence South 60 degrees 08 minutes
06 seconds East a distance of 255.88 feet to the most
southerly corner of said Lot 42; thence northerly along
the east line of said Lot 42, to the point of beginning.
As more specifically described in that Certificate of
Title filed with the Registrar of Titles as Certificate
No. 30132.
ANDERSON PARCEL 2:
(PID No. 25 096 0260)
That part of Lots 42 and 43,
County, Minnesota and that part
lying between said lots and the
described as follows:
"LAKESIDE PARK", Scott
of the area in said plat
shoreline of Prior Lake,
Beginning at the northeasterly corner of said Lot 42;
thence North 72 degrees 34 minutes 12 seconds West,
assumed bearing, along a line drawn from the
northeasterly corner of said Lot 42, to the most
northerly corner of Lot 41, of said plat, a distance of
241.96 feet to the most northerly corner of said ~ot 41;
thence North 55 degrees 12 minutes 51 seconds West to the
shoreline of Prior Lake; thence northeasterly along said
shoreline to its intersection with a line drawn North 63
degrees 59 minutes 41 seconds West from the most
northerly corner of said Lot 42; thence South 63 degrees
59 minutes 41 seconds East to the most northerly corner
of said Lot 42; thence South 85 degrees 49 minutes 03
seconds East a distance of 240.44 feet to the
northeasterly corner of said Lot 43; thence southerly
along the east line of said Lot 43, to the point of
beginning.
As more specifically described in that Certificate of
Title filed with the Registrar of Titles as. Certificate
No. 30133-.
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OAHLE RROS., I NC.
DESCRIPTION: That Dart af Lots 41 and 42, "LAKESIDE PARK", Scott County. "Innesota and that Dart of thA
area In said Dlat lying between said lots and the shoreline af Prior Lake, described as
fallows: Reglnoing at the nnrtheasterly corner nf said Lot 42; thence North 72 degrAes 34
mfnlltps 12 spcnnrls WPst, asstlmpd bparinG, along a 1tnp rtr~wn from thp northpastprly cornpr
of said Lot 42, tn the .ost northerly cornpr of said Lot 41, a distance of 241.96 reet to
said most norherly corner of said Lot 41; thence North 55 degrees 12 minutes 51 seconds
West to the shoreline of Prior Lake; thence southwesterly along said shoreline to Its
Interspctlon with a line drawn North 49 degrpes 56 minutes 32 seconds West. from the most.
northerly corner nf Lnt 40. nf said plat; thence South 49 degrees 56 minutes 32 seconds East
tn said most northerly corner of said Lot 40; thence South 60 degrees 08 minutes 06 seconds
East a distance of 255.98 feet to the most southerly corner of said Lot 42; thAncA north-
erly Ilong the east llnA.of sald.Lot 42, to the pnlnt of beginning.
Also that part nf Lots 42 and 43. "LAKESIOE PARK". Scott County, MlnnAsota and that Dart of
the arel In Slid Dlat lying between said lots and the shnrellne of Prior LakA. described as
follows: geglnnlng at. thA northeasterly corner of said Lot 42; t~ence North 72 dAgrees 34
minutes 12 seconds West, assumed bearIng, along a lIne drawn from the norheasterIy corner
of said Lnt 42, to the .ost northerly corner of Lot 41. of said pla~ a dlstlnce of 241.96,
feet to the DOst northerly coroer of said Lot 41; thence North 55 degrees 12 minutes 51
seconds West tn the shoreline of Prior Like; thence northeasterly along said shoreline to
its IntersectIon with a line drlwn North 63 degrees 59 minutes 41 seconds West fro. thR most
northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the
most northerly corner of said Lot 42: thenCR South 85 degrees 49 ~Inutes 03 seconds East a
distance of 240.44 feet'to the northelsterly corner of said Lot 43; thence southerly along
the east line of Slid Lot 43. to the point of heginnlng.
I hereby certify that this
Ibovp described and of the
any, r~om nr on said land.
k..,:-:': of //7 /:17
Is a true Ind correct rRpresentltlon ~f a survey of the boundaries of the
locltloo of III buildIngs. If Iny, thereon and 111 visible encroachments.
Dlted this 16th dlY of April, 1997.
CARLSON & CARLSON, INC.
LAND SURVEYORS
byaf~//~~
UL~rry J(. Couture, Land Surveyo
r1innflsnta Ucpnse No. 9018
land
If
RESOLUTION 97-XX
A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTING A 3.48 FOOT
VARIANCE TO PERMIT A 71.52 FOOT LOT WIDTH AT THE ORDINARY IDGH
WATER LEVEL (904 EL.) FOR TWO LOTS TO BE CREATED VIA
ADMINISTRATIVE PLAT FOR
GILBERT AND JOANN ANDERSON
MOTION BY: SECOND BY:
WHEREAS: Gilbert and Joann Anderson have applied for a variance from Section 5-8-3 of
the City Code and Zoning Ordinance in order to permit the combination of two
lots for the creation of One lot in the R-l (Suburban Residential) District on the
property described in the attached Exhibit A (legal description); and
WHEREAS: The City Council has reviewed the application for variance as contained in
Case #97-038 and held hearings thereon on May 5, 1997; and
WHEREAS: The City Council 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; and
WHEREAS: 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 and Comprehensive Plan; and
WHEREAS The special conditions applying to the subject property are unique to such
property, and do not generally apply to other land in the district in which such
land is located. The unique circumstances applicable to this lot are that the
properties to be combined were created in 1921, prior to the implementation of
the Shoreland Ordinance, over which, the applicants had no control, no can
they change the existing conditions, and
WHEREAS: 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
1:\97files\97var\ccresvar.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
-..-....- ------
..
as a convenience to the applicants, but is necessary to alleviate demonstrable
hardship, and
WHEREAS: The contents of Planning Case 97-038 are hereby entered into and made a part
of the public record and the record of decision for this case. - . Pursuant to
Section 5-6-8 of the Ordinance Code this variance will be deemed to be
abandoned, and thus will be null and void one (1) year from the date of
approval if the holder of the variance has failed to obtain any necessary,
required or appropriate permits for the completion of contemplated
improvements.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the variance for the
combination of two lots to create one lot with an OHW width of 71.52 feet, rather than the
required 75 feet, as identified in attached Exhibit A (legal description) and on attached Exhibit B
(survey).
Passed and adopted this 5th day of May, 1997.
YES NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenck
{Seal} City Manager
City of Prior Lake
1:\97fi1es\97var\ccresvar.doc 2
EXHIBIT A
ANDERSON PARCEL 1:
(PID No. 25 096 0250)
That part of Lots 41 and 42,
County, Minnesota and that part
lying between said lots and the
described as follows:
"LAKESIDE PARK", Scott
of the area in said plat
shoreline of Prior Lake,
Beginning at the northeasterly corner of said Lot 42;
thence North 72 degrees 34 minutes 12 seconds West,
assumed bearing, along a line drawn from the
northeasterly corner of said Lot 42, to the most
northerly corner of said Lot 41, a distance of 241.96
feet to said most northerly corner of said Lot 41; thence
North 55 degrees 12 minutes 51 seconds West to the
shoreline of Prior Lake; thence southwesterly along said
shoreline to its intersection with a line drawn North 49
degrees 56 minutes 32 seconds West from the most
northerly corner of Lot 40, of said plat; thence South 49
degrees 56 minutes 32 seconds East to said most northerly
corner of said Lot 40; thence South 60 degrees 08 minutes
06 seconds East a distance of 255.88 feet to the most
southerly corner of said Lot 42; thence northerly along
the east line of said Lot 42, to the point of beginning.
As more specifically described in that Certificate of
Title filed with the Registrar of Titles as Certificate
No. 30132.
ANDERSON PARCEL 2:
(PID No. 25 096 0260)
That part of Lots 42 and 43,
County, Minnesota and that part
lying between said lots and the
described as follows:
"LAKESIDE PARK", Scott
of the area in said plat
shoreline of Prior Lake,
Beginning at the northeasterly corner of said Lot 42;
thence North 72 degrees 34 minutes 12 seconds West,
assumed bearing, along a line drawn from the
northeasterly corner of said Lot 42, to the most
northerly corner of Lot 41, of said plat, a distance of
241.96 feet to the most northerly corner of said Lot 41;
thence North 55 degrees 12 minutes 51 seconds West to the
shoreline of Prior Lake; thence northeasterly along said
shoreline to its intersection with a line drawn North 63
degrees 59 minutes 41 seconds West from the most
northerly corner of said Lot 42; thence South 63 degrees
59 minutes 41 seconds East to the most northerly corner
of said Lot 42; thence South 85 degrees 49 minutes 03
seconds East a distance of 240.44 feet to the
northeasterly corner of said Lot 43; thence southerly
along the east line of said Lot 43, to the point of
beginning.
As more specifically described in that Certificate of
Title filed with the Registrar of Titles as Certificate
No. 30133-.
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DESCRIPTION: That part nf Lots 41 and 42, "LAKESIDE PARK", Scott Co~nty, nlnn.sota and that part of tho
ar.a in said plat lying b.tw..n saId lots and tho Shor.lln. nf Prior Lak.., d.scrib.d as
fnllnws: a.glnnlng at tho nnrth.ast.rly corn.r nf said Lot 42; th.nc. Uorth 72 d.gr..s 34
~In~t.s 12 s.cnnds w.st. ass~m.d b.arlng, alnn~ a Iln. drawn from tho north.ast.rly corn.r
nf said ~ot 42, to tho mnst north.rly corn.r Of said Lot 41, . dlstanc. of 241.96 f..t to
said most norh.rly cnrn..r of said Lot 41; th.nc. North 55 d.gr..s 12 mlnut.s 51 s.conds
w.st to tho shor.lln. of Prior Lak.; th.nc. so~thw'st.rly along said shorollne to Its
Int.rs.ctlon with a Iln. drawn North 49 d.gr..s 56 mlnut.s 32 s.conds W.st. from tho most.
nnrth..rly corn.r of Lot 40, of said plat; th.nce South 49 d.gr..s 56 minutes 32 s.conds East
to said most north.rly corn.r of said Lot 40; th.nc. South 60 d.gr..s 08 mlnut.s 06 s'conds
East. a dlstanc. of 255.98 f..t to tho most south.rly corn.r of said Lot 42; th.nc. north-
.rly Ilong tho .ast Iln.,of Slid Lot 42. to tho pnlnt of b.glnnlng.
Also that part of Lots 42 and 43, "LAKESIDE PARK", Scott County. Mlnn.sota and that part Of
tho .r," In said plat lying b.tw..n said lots and tho shnr.lln. of Prior Lak.. d.scrlb.d as
follows: a.glnnlng at tho nnrth.ast.rly corn.r of said Lot 42; t,h.nc. North 72 d.gr.es 34
alnut.s 12 s.conds W.st. .ssum.d b.arlng, along a Iln. drawn from the norh.ast..rly corn.r
nf said lnt 42, to th.. Gost north.rly corn.r of Lot 41, of said pla~ a dlstanc. of 241.96,
f..t to tho oost north.rly corn.r of said Lot 41; tb.nc. North 55 d.gr..s 12 Mlnut.s 51
s.conds W.st tn tho shor.llno of Prior Lak.; th.nc. north.ast.rly along said shor.lln. to
Its Int.rs.ctlon with a Iln. drawn North 63 d.gr.os 59 mlnut.s 41 soconds W.st from tho most
north.rly corn.r Of said Lot 42; th.nce South 63 d.gr..s 59 mlnut.s 41 s.conds East to tho
MOst north.rly corn.r of said Lot 42; th.nc. So~th 85 d.gr..s 49 mlnutos 03 s.conds East a
distance of 240.44 f..t'to tho north.ast.rly corn.r of said Lot 43; th.ncP. southerly along
tho .ast Iln. of said Lot 43, to tho point of b.glnnlng.
I h.r'by c.rtlfy that this
aboy. d.scrlb.d and of tho
any, froo nr on s.ld land.
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Ls a tru. and correct r.pr.s.ntatlon ~f a sury.y of tho boundarl.s of tho
location of all buildIngs, If any, th.r.on and all Ylslbl. .ncroacho.nts.
Dat.d this 16th day of April. 1997.
CARLSON & CARLSON, INC.
~ II LAND SURVEYORS
bY~~~~~
VLarry J(. Co"t~r', Land S~rY.yo
/'Ilnn'snta Llc.ns. No. 9018
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EXHIBIT A
6-1-3: ADMINISTRATIVE LAND DIVISION: The City Manager or representa-
tive may authorize subdivision approval upon finding:
(A) The division will not result in more than three (3) parcels.
(B) The property to be subdivided was a lot of record in the office of the County
Recorder of 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.
'(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)
6-1-4: COMPLIANCE: Except as provided in Section 6-1-3. no land shall be
platted, subdivided, rearranged. developed or improved in any way
which is not in confonnity with these regulations. All subdivisions of land hereafter
submitted for approval shall fully comply, in all respects, with the regulations set forth
herein. (Ord. 81-10, 8-11-81)
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LAKESIDE PARK
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DAHLE RROS., INC.
DESCRIPTION: That part of Lots 41 and 42, "LAKESIDE PAR~", Scott County. Minnesota and that part of the
area In sairl plat lying between satrl lots anrl the shoreline of Prior Lake, descrlberl as
fnllnws: Reginning at the nnrtheastprly corner of said Lot 42; thence North 72 degrees 34
r.1fnlltps 12 spcnnrts w..st, aSSfJmfld bparinG. alnn~ a ttnp rtrilwn frolll thp northpastp.rly cornpr
of said ~ot 42, to thp most northerly cornpr of said Lot 41, a dlstancp of 241.96 fept to
said most norherly corner of said Lot 41: thence North 55 degrees 12 mlnutps 5\ seconds
West to the shoreline of Prior Lake; thence so~thwesterly along said shoreline to Its
Intprspctlon with a line drawn North 49 degrees 5~ minutes 32 seconds West. from the most.
northp.rly cornpr of Lot 40, of said plat: thencp. South 49 dp.grees 56 minutes 32 seconds East
to sairl most northerly corner of said Lot 40: thence South 60 degrees 08 minutes 06 seconds
East a rllstance of 255.98 feet to thp. most southerly cornp.r of said Lot 42; thence north-
erly Iloog the east line of said Lot 42, to the point of beginning.
Also that part of Lots 42 and 43, "LAKESIDE PAR~", Scott County, Minnesota and that part of
the area In salrl plat lylng between said lots and the shorpllne of Prior Lake, described as
follows: Reglnnlng a~ the northeasterly corner of said Lot 42; theoce North 72 degrees 34
olnutes 12 seconrls West, assumed bearing, along a line drawn from the norheasterly corner
of said Lot 42, to the .ost northerly corner of Lot 41, of said pla~ a rllstance of 241.96,
feet to the most northerly corner of saId Lot 4\; thence North 55 degrees 12 minutes 51
seconds West tn the shoreline of Prior Lake: thence northeasterly along said shoreline to
Its Intersection with a line drawn North 63 degrees 59 minutes 41 seconds West fro. the most
northerly corner of said Lot 42; thence South 63 degrees 59 minutes 41 seconds East to the
most northerly cornpr of said Lot 42; thencp So~th 85 degrees 49 minutes 03 seconds East a
distance of 240.44 feet' to the northeasterly corner of said Lot 43; thence southerly along
the east line nf said Lot 43, to the pOint of hpglnnlng.
I hereby certify that this
above described and of the
any. from or on said land.
Is a true and correct rppresentation ~f a survpy of thp boundaries of the
location of all buildings, if any. thpreon and all visible encroachments,
Dated this 16th day of April, 1997.
CARLSON & CARLSON, INC.
~ II LAND SURVEYORS
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DEVELOPABLE SITE AREA
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Planning Case File No. ql-0~(
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed'project (attach additional
o Rezoning, from (present zonin~) sheets/narrative if desired)
to (proposed zonin!:)
o Amendment to City Code, Comp. Plan or City Ordinance See attached Exhibit A
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
fi] Variance
o Other:
Applicable Ordinance Section(s):
583
Applicant(s): Gi 1 bert L. and Joann Anderson
Address: 16122 Lakeslde Avenue S.E., Prior Lake, MN 55372
Home Phone: 447-5258 Work Phone: 447-5258
Property Owner(s) [If different from Applicants]:
Address:
Home Phone: Work Phone:
Type of Ownership: F ee ~ Contract for Deed Purchase Agreement
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
~ee attached Exhibit B
Date
fI~'/9J-
1tl/f1-
Date
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DA TE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
lu-app2.doc
Date
I.
i
Planning Case File No.
Property Identification No.
Ct7-0,j1
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
o Rezoning, from (present :zoninl:) sheets/narrative if desired)
to (proposed zonin~)
o Amendment to City Code, Compo Plan or City Ordinance
o Subdivision of Land
rn Administrative Subdivision
o Conditional Use Permit
o Variance
,
See attached Exhibtt A
Applicable Ordinance Section(s):
613
Applicant(s):
Address:
Home Phone:
Gil bert L. and
16122 Lakeside
447-5258
I
Joann Anderson
Avenue S.E., Prior Lake, MN 55372
Work Phone: 447-5258
Property Owner(s) [If different from Applicants]:
Address:
Home Phone:
Type of Ownership: Fee XX
Work Phone:
Contract for Deed _ Purchase Agreement
Legal Description of Pro erty (Attach a copy if there is not enough space on this sheet):
See attached E'Xnlbit B
information prodded in this application and other material submitted is correct. In
the rei an sections of the Prior Lake Ordinance and procedural guidelines, and understand that
sse untO eemed complete by the Planning Director or assignee.
4-21-97
Date
4-21-97
Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNrNG COMMISSION
CITY COUNCIL
APPROVED
APPROVED
. DENIED
DENIED
. DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
Date
,.~
,JT
EXHIBIT A
Applicants are fee owners of two contiguous lots on Prior
Lake. Applicants reside on one of the lots, commonly known as
16122 Lakeside Avenue, S.E. The adjoining contiguous lot is vacant
and has no improvements.
Applicants propose to raze their existing home on 16122
Lakeside Avenue and to construct and situate a new single family
home (approximately 3,600 square feet) such that it would be
located on both lots. (See Applicants' illustration as depicted on
the Certificate of Survey.)
The front lot width for the proposed combined lots is
approximately 209 feet. The lot width at the ordinary high water
mark for the proposed combined lots is 71.52 feet (39.55 feet and
31.97 feet for the 16122 Lakeside Avenue lot and the vacant lot,
respectively) .
A\ANDERSON.GIL\4\EXHIBITA.TFM
-..','
EXHIBIT B
ANDERSON PARCEL 1:
(PID No. 25 096 0250)
That part of Lots 41 and 42,
County, Minnesota and that part
lying between said lots and the
described as follows:
"LAKESIDE FARKII, Scott
of the area in said plat
shoreline of Prior Lake,
Beginning at the northeasterly corner of said Lot 42;
thence North 72 degrees 34 minutes 12 seconds West,
assumed bearing, along a line drawn from the
northeasterly corner of said Lot 42, to the most
northerly corner of said Lot 41, a distance of 241.96
feet to said most northerly corner of said Lot 41; thence
North 55 degrees 12 minutes 51 seconds West to the
shoreline of Prior Lake; thence southwesterly along said
shoreline to its intersection with a line drawn North 49
degrees 56 minutes 32 seconds West from the most
northerly corner of Lot 40, of said plat; thence South 49
degrees 56 minutes 32 seconds East to said most northerly
corner of said Lot 40; thence South 60 degrees 08 minutes
06 seconds East a distance of 255.88 feet to the most
southerly corner of said Lot 42; thence northerly along
the east line of said Lot 42, to the point of beginning.
As more specifically described in that Certificate of
Title filed with the Registrar of Titles as Certificate
No. 30132.
ANDERSON PARCEL 2:
(PID No. 25 096 0260)
That part of Lots 42 and 43,
County, Minnesota and that part
lying between said lots and the
described as follows:
"LAKESIDE PARK II , Scott
of the area in said plat
shoreline of Prior Lake,
Beginning at the northeasterly corner of said Lot 42;
thence North 72 degrees 34 minutes 12 seconds West,
assumed bearing, along a line drawn from the
northeasterly corner of said Lot 42, to the most
northerly corner of Lot 41, of said plat, a distance of
241.96 feet to the most northerly corner of said Lot 41;
thence North 55 degrees 12 minutes 51 seconds West to the
shoreline of Prior Lake; thence northeasterly along said
shoreline to its intersection with a line drawn North 63
degrees 59 minutes 41 seconds West from the most
northerly corner of said Lot 42; thence South 63 degrees
59 minutes 41 seconds East to the most northerly corner
of said Lot 42; thence South 85 degrees 49 minutes 03
seconds East a distance of 240.44 feet to the
northeasterly corner of said Lot 43; thence southerly
along the east line of said Lot 43, to the point of
beginning.
As more specifically described in that Certificate of
Title filed with the Registrar of Titles as Certificate
No. 30133.
A\ANDERSON.GIL\4\EXHIBITB.TFM
KRASS
MONROE
~
KRASS MONROE, P.A.
. Timothy F. Moynihan
. ATTORNEYS AT LAW.
April 21, 1997
City of Prior Lake Planning Department
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
Re: Gilbert L. and Joann Anderson Administrative Land Division
Our File No. 2874-4
Dear Planning Department:
Enclosed for filing and consideration please find Gilbert L. and Joann Anderson's Land Use
Application (Administrative Land Division) and a check in the amount of $175.00 for the
Administrative Plat fee. I also refer to and incorporate herein by reference the documentation
and information submitted on behalf of the Andersons' for their Variance Application, of even
date.
I will briefly address each of the items referenced in Ordinance Section 6-1-3:
(A) Technically, this application does not seek a "division" of the land but merely
seeks to combine two contiguous parcels owned in fee by the Andersons.
(B) Each of the parcels were a lot of record in the Scott County Recorder's Office
prior to March 18, 1974.
(C) The newly combined lots, with one exception, will meet all of the minimum
standards required of the applicable zoning district and will generally conform to
the shape of the existing subdivisions in the surrounding areas. The lone
exception to the zoning requirement is that the proposed combined lot will consist
of 71.52 linear feet at the ordinary h:igh water mark on Prior Lake. However,
please note this should not be a problem as each lot, by themselves, are considered
"buildable" because they have been grandfathered in and not, individually, subject
to this requirement.
(D) The lot combination will not cause any structure in the land to be in violation of
a zoning ordinance.
SUITE 1100 SOUTHPOINT OFFICE CENTER. 1650 WEST 82ND STREET. BLOOMINGTON. MINNESOTA 55431-1447
TELEPHONE 612/885.5999 . FACSIMILE 612/885,5969
,T
City of Prior Lake Planning Commission
April 21, 1997
Page -2-
(E) The Andersons will permit any easement the City requires to be granted as a
condition for the lot combination.
(F) The owners of the land contiguous to the combined parcels are: Dolores T.
Colucci, 16110 Lakeside Avenue S.E., Prior Lake, MN 55372 and Gregory S.
and Lois K. Benson, 16140 Lakeside Avenue S.E., Prior Lake, MN 55372.
(H) In conjunction with this lot combination, the Andersons also seek a variance to the
ordinary high water mark requirement. The Andersons have submitted a Variance
Application to obtain the variance.
Please note that this application for a lot combination is submitted in conjunction and
simultaneous with the Andersons' Variance Application. It is not the Andersons' intent or desire
to have the subdivision request granted if the variance request should be denied. As such, if the
City of Prior Lake is inclined to grant a subdivision request, but not the variance request, the
Andersons withdraw their Application for the subdivision.
Please accept and file this application for consideration.
Please call if you have any questions.
TimOth=
Attorney at Law
~~
TFM/jdr
Enclosures
cc: Bud and, Joann Anderson
A IANDERSON.GIL\4\CORIPRIORLK2.1FM
KRASS
MONROE
KRASS MONROE. P,A.
. Timothy F. Moynihan
. ATTORNEYS AT LAW.
April 21, 1997
City of Prior Lake Planning Commission
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
Re: Gilbert L. and Joann Anderson Variance Application
Our File No. 2874-4
Dear Planning Commission:
Enclosed for filing and consideration please find Gilbert L. and Joann Anderson's Land Use
Application (Variance) along with the following other documents:
1. Filing fee of $150.00;
2. Certificate of Survey (including an illustration of existing and proposed conditions
of the property);
3. A copy of the half section map indicating property owners within 100 feet of the
exterior boundaries of the subject property;
4. Mailing labels of the names and addresses of the property owners within 100 feet
of the exterior boundaries of the subject property; and
5. A copy of the Certificates of Title indicating the Deed restrictions (there are no
covenants on the property other than stated in the Certificates of Title).
Applicants believe the request meets the criteria governing variances from the zoning
ordinance. First, literal enforcement of the City's Zoning Ordinance will result in an undue
hardship with respect to the property. As noted in the application, the Andersons are owners of
two contiguous lots of land on Prior Lake. Their home currently sits on one of the two lots, the
SUITE 1100 SOUTHPOI;llT OFFICE CENTER. 1650 WEST 82NO STREET. BLOOMINGTON. MINNESOTA 55431-1447
TELEPHONE 612/885,5999 . FACSIMILE 612/885.5969
we'i'
City of Prior Lake Planning Commission
April 21, 1997
Page -2-
lot commonly known as 16122 Lakeside A venue S.E. Each of the two lots in consideration are,
by themselves, buildable lots as they are grandfathered in as nonconforming use. The proposed
plans call for razing the existing home and building a new home such that it sits over the
property line of both of the Anderson lots. The proposed home could be built on either of the
two lots without the necessity of a variance request since each of the lots are, by themselves,
buildable lots. As such, since the proposed home could be built on either lot alone, but not on
a combined lot, literal enforcement of the ordinance would result in undue hardship.
Second, for the reasons stated above, the hardship results because of circumstances unique
to the property. With the two lots combined, the Andersons will have 71.52 feet of lakeshore
frontage at the 904 ordinary high water mark, less than 3-112 feet of the minimum lakeshore
frontage requirement under the ordinance. The lake shore frontage at the ordinary high water
mark is fixed and the Andersons have no way of increasing their lakeshore frontage to meet the
75 foot requirement.
Third, for the reasons stated above, the hardship is caused by provisions of the ordinance and
is not the result of the Andersons.
Finally, the variance request observes the spirit and intent of the ordinance, substantial
justice, and is not contrary to the public interest. The purpose of the riparian lot size
requirements is to prevent overbuilding on the lake. The proposed variance not only furthers this
objective, but ensures and prevents against additional construction and possible overbuilding on
Prior Lake. The Andersons propose to take two buildable lots and combine them as one. This
clearly meets the intent of the shore land zoning district objectives. With one exception, the
resulting lot size and dimensions will be over two-fold from the City's minimum lot size and
dimension requirements currently existing for the shore land district. The one exception is that
rather than having 75 feet of shoreline at the 904 ordinary high water mark, the Andersons will
have 71.52 feet. Combining the two buildable lots and turning them into one buildable lot further
enhances the spirit and purpose of overbuilding on Prior Lake.
Please accept and file this Application and supporting documentation such that it will be
scheduled for the City Council's May 5, 1997 council meeting.
Also, this is to advise you that in conjunction with this Application for a Variance, the
Andersons are also applying for a subdivision application to combine their two lots to build the
home as indicated in the Certificate of Survey. It is the Andersons intention that both of these
City of Prior Lake Planning Commission
April 21, 1997
Page -3-
applications be treated as a "combined" application such that neither the vanance nor the
administrative lot subdivision application can be granted, without the other.
Please call if you have any questions. Thank you very much for your assistance in this
matter.
...
, P .A.
~
Timothy F. Moynihan
Attorney at Law
TFM/jdr
Enclosures
cc: Bud and Joann Anderson
A \ANDERSON.GIL\4\COR\PRIORLKE. TFM
NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION
April 21, 1997
The Prior Lake Planning Department has received an application from Gilbert and Joann
Anderson (16122 Lakeside Avenue, Prior Lake, MN 55372) to consider an Administrative
Land Division for the property identified on Exhibit B.
The proposal is to combine the two parcels to create one lot, as shown on the attached survey
reduction. The combined lot width at the Ordinary High Water (OHW) level is 71.52 feet.
The Shoreland Ordinance requires lots to have lake frontage of 75 feet minimum. A 3.48
foot variance to the OHW lot width is a part of this request.
Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the City Manager or
representative to authorize subdivision approval without a public hearing under the following
circumstances:
I. The division of the parcel will not result in more than three parcels.
2. The property to be subdivided is a lot of record in the office of the County Recorder of
Scott County.
3. The resulting parcels generally conform to the shape and area of existing or anticipated
land subdivisions in the surrounding areas.
4. The division will not cause any structure to be in violation of setbacks.
5. Any easements which may be required by the City must be granted.
6. The owners of the land contiguous to the parcel must be notified in writing, and no
written obiection received within ten davs following 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.
8. 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.
16200 E%g~~Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245
AN EQUAL OPPORTUNITY EMPLOYER
A copy of the Administrative Land Division and location map are attached. Please accept
this as official notification of the proposed Administrative Land Division and Variance
request. Written comments or objections regarding this matter should be submitted to the
Planning Department by May I, 1997. The City Council will hear this item on May 5, 1997.
Due to the variance request, they may refer the request to the Planning Commission for
input, or they may hold a public hearing and make a decision on the request. For more
information, contact Jenni Tovar at 447-4230.
Prepared this 21st day of April, 1997, by:
Jenni Tovar
Planner
97-XXXpn,doc
2