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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-. A\ANDERSON.GIL\4\EXHIBITB.TFM (1 v ~' ~: ,{ ~ }\ ii ~ i' I, 1\ r -- ~;/".: - /'''=-J'(J' lAND SU''\/f'fOIS ,1/,j ~~. '. } 1-, !I ~ ~ ~, '", \ > "ll< ~. EXHIBIT B I ---~ I -- I~T ,.. 'j' --- ... ~ ~ --- --I ~ , [;3],~. i ::AA"'I , , t:zj> . . ~...."..,.-: '1 1- ~ ~ "" '.... ~j , ~~! " ;~~-~~;~~' , II ~.r ~~t~~:~ ,r:~~.~" ~ I 1 ~ 7~51 ~ I I I.l\ ~ "< ~ ~ '-v: "....... ..4" : 1;.f.r: t ~ \; ~1 "' ~ <:l ~\ ~ ~\ .' \.\ '::t A~-NE C...,,...,,.. " ~Lor.z:. " .;Y' / ',,; 1.\.\ ~ \, " ~ .. ~ '. ,. "I' " ! -~:r;:- ~ / / / ~ , - :'llrVp'! fnr: 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-. A\ANDERSON.GIL\4\EXHIBITB.TFM (1 v ~' ~~ ,( N }l j\ I I' j' I; 1\ r . - ~;/...: - /": J'/.J .. lAND su...,nOIS 1<1 , ';.." \: '. " /', 'I ~ ~ ;' ,-, \ , ,l-j.< ~' EXHIBIT B I --~ ,-- I - r 'f' ----;;: ~ ~ --- --, r -----=-r' __ __ ,I ~ ",:'J~ \ -- -__ IIi. ..~..... -~_ 11,.& ," ,\' ...Jf\J' \ I ~'\jr ;:'":-' -'Y. '" rJ!1 \~. -.::-"~, )XI ~ ~-:- ~...,- \ ~N~s./y?:y' '1'," , '10- ' C-_~'r': '; I""r~ -.~...~ '-_'I """z; . " . .' -"? ~ !o- I ~ ~ :~.~ /' \~';.r.'I" . ~'.:: l~~ Ii '---. ~~";~,J '~t, '--..... ~ . ';,,- t, .......____ G\ . l '" -. ~ "-... I '1. ..>..... -~ (it, ,".' . ~..f !I'l<~_ .. AI I~"",".' -/. .," ,0:, I ~.,.., 4~2:' .~... I ~\ L". ___ I II' I ~ ~....... . t^:' ~ "" ---- _ _ I"~ , - 't\ . "" - /' \\~~ ~ --.: t ,.,:), L. ".::.<.--' ,.. ... . u ~. ..."'~ ...,~..C" ~" . . ~-'i''''~'; , .,-,., -. .., to',,, '. , ~~ ".... " ;:;-N~ t:.,.".~, ___... 4f J-';tI$~ ~'~.I ,~f'l , . ....~_...~~] '.!-,;,,~ :-4~..:'~'" '":' , ,r:~~/" ,- " ^ ~. '....,t", ;;.! '1 . ~ ., - .,:''t ,: , l.\\ ~ ...... ~ ~ ~ '\. .~' 1.\.\ t~~ ..... \, ~ 2>< 't: '.I , !' . f 7~51 ~~ , ') .. ~ ... ... ~ ~ il "' ~ <:l ,,:,~ ~~ ,.. t.t ~ _~-NE C~..,.,..,. " i/lf1...,..r:. ..4'(0' " ,;".!: , / o . ,I' .. a(r ~; ~, 0'\.. .. , \t" . , - ." - "';' ~~ .// '~ '--..- ,-- ~lIrV~1 fnr: DAHLE AROS.. tNe. 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. ~",~': ~//7/~7 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 land if .j --> 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) ~'kZ- t('\oC .,.... ': . Ji J4 "7 ii' . AS .. 44 N . t ( / : . ,~~ ,~( ~ J ~; EXHIBIT B LAKESIDE PARK ORIGINAL 1921 PLAT ,..,r.:L " " /'WiI -- ~J~-}- (f / f}Mtj ~ /IW fIN w.n, #41. i! t# ~ ~f;#f1 tJllM ~; 1hif III' ( 111"I ~J(';II:I ~11 ~: Itnfi IN ""'1I1#J~ LNI1t/__IIS. '~h"NY1 I~T I , .,., ~ l ~ -- I --1 ._ I EXHIBIT C l' v \)' ~~ / N I }-\ r 1\ I t' i I' 1\ f - ~;:/~.. - /,;/'",.!'/.J' A, ARLSON INC. ARLSON. ~ lAND sUlvnou .1{J 0, ~: '. / ----' - foo, (I ~ ~/: ....t\ .~ ~"" -r' --- :'" ,t,:,- i.' -.__ ~/f~<\/' '\ <.~' r". ;-},;..I' 1,,\/ '. )" 1lI'~,' \~... )XI ~ ,~~:~,~.t ~'l' L..I "1; . .''''?o.. ,-r..Ii'~4.] "J:,_.~ ...,..~~ ';4.~ # , <~"Ne t:'*,....~, '," <>f /../04'3 \ Ii -...: ~.> ' .' ":"-:Y"r..r;,.',,:"". ' f.... \ ,...", '... , ~:-d ~~I ..y<=,. ' ;;r...:"'~. , ~"., '~:::: \ f~" , I ",~J :~~ /\iY/~" ~~";~J .~t .,~ ~. ...... .<1 t\ I ~-':" / \lf~ '- 0\ / I, ~~.t;;-, '__ .......... -........... (~ ,It., . tA"rli'!,f~__ ~I t-I /~~/fYC;;~,. . - /, "~c,;'" / ~!~l "'<;2:'_. Il. / ~ ~.._--- .' ~ '- '''I . - \:\ ~: ~\", ~.~.i :a'" I , , ,f;~/'" 7~51 ~ 't 1\ -. \.1\ ~ ..... ~ ~ ~ ~ ... ~ ~ )\ ... Il' I:l ~\ ~ ~~ ...' (.\ ~ _~~"'E c,.,,...___ iii' PrfL.,f4-r. .;4'...:t ';4-r: "- ,~, ..... ----..::: ~c"-!;.. , / o . \1" ,. a(r 1..\.\ I' '''l " \, ~ ~ ....j ~,''''' "i'/'I, ',; - ~ :r:;- - ~ ./ ~ , , - -- :'lIrvp', fnr: 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 by ~xU Fc.e;Z,LZ-~ I ,/ I _ _ _ "'" ... ~ _.. _ _ _.....,.L_...._,_l-..c.._ .._.,",~.,..~ land If kv/~/: -I//7/:;J7 EXHIBIT D DEVELOPABLE SITE AREA ~!) !' : -t-~==-=-:::--;:-:~-::.====,~---t,,~ , ,,' :~13 ~ ,;\\1/1'\ / ~ ~ " " ,< "- /' i>'" :'>"\'- '"~I . "--' " 'Ji"". /-/ /'/ -# / 7' .::7 / V. ,.::; / '-. / " / " " 1 / 1 I 'I / 1 .I I '0,/ " ; , I ,.. /!I A ,.. ~ i$ ~ ~ ~ ~ ,... ~ "Ii 97' "- " 25' 1,:.'d,4' -." - --- -- t-.l\\ . ~ ~ ~"'\. "' ... '-"'~ \O..,,"~ LOT AREA 19,668 SQ. FEET ~~ ' 1'-;"'. \~ ~~ \ -t - , LOT AREA 19,777 SQ. FEET """',.=-,-= \ .~~ r-..lII -t~ ,~ ~ , ;' /71/ c:- ".- ,- C <-- /7" ~ ..7 /./> ~ ,/'(, /Z0 r... /.:.:::.; ~:::, .' , ." "~-""//'.J,/.. .. ",~c ~,~ ""E~ ~':"I".{<;f -..5!~'>o? "-7 - - .w-....... --'" , I I ,'---' l I ,... I j ~ I I ~ I I ,... I to I I S I I I I I ,... r: t) I I ~ I q 'Ii ' ':~:. / ,. Ci) ~ ~ ~, I , ... ~ I ~ '1\ L {~ I '.' I ;ii , I , I I 10' I ' ~'./ // ,... , , ?Zf,~ ~ , ", , I : .~)~" ('0, J '/ .. , / / / r z .~.... --..."....-,../'" /." . " ~ I l'~., ; '""\" "<2, , , i' 97' 25' ! ~ ~_.,_.. 1"'44 I?v.' ~- /I I,. I C; "r." .c: " .; _./ .J..- mrn@~ow~ ';:\~ APR 2 I. ~ 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