HomeMy WebLinkAbout99-067 Variance
08/23/99 ![QN 11; 36 FAX 6124474245
CITI' OF PRIOR LAKE
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Pllllning Case File No.
Property IdeDtifieatlon No.
City of Prior Lake
ND USE APPLICATION
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ALG 2 4 1999
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Type of Application;
o Re~onin~1 from (present mnina.)
to (proposed mnit\a)
o Amendment to City Code, Compo Plan Or City Ordinance
o Subdivi$lon of Land
o Administrative Subdivision
CI Conditional Use Pennit
I2t Varianc:e
o Other:
Lake. Minnesota 55372-1714 I Phone (612) 447-4230, Fax (612) 447-4245
Brier description of proposed projett (attach additional
sheets/narratjve if desired)
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Applic8nt(s):
Address:
Home Phone:
Property Owner(s) [If different from Applicants):
Address:
Home Phone: Work Phone:
Type of Ownership: Fee _ Contract for Deed ~ Purchase Agreement_
To the bast of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections ot the Prior Lake Ordinance and protledul'al guidelinesl and understand that
applications wiD not be processed until deemed complete by the Planning DirectOr or IIssignee.
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Apptioant', Silll!"~ ' """ ' . '
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e Owner s S gna Date I
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENlED
DATE OF HEARING
DATE OF HEARING
CONDiTIONS:
Signature of Plannin& Director or Desigccc
I ~.app;2.doc
Date
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, FAX (612) 447-4245
RECEIPT # 36104
DATE: fluq.2.4''74
dollars
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Invoice #
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Scott County Customer Service
200 4th Avenue West
Shakopee, MN 55379
# 51826 26-SEP-2000
REPRINT 26-SEP-2000
Name: L1ESENER,MARK
A Filing
Abstract
TOTAL FOR FEE
A Non-standard Fee
Fee
TOTAL FOR FEE
RECEIPT TOTAL
Check
PAYMENT TOTAL
CHANGE
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19.50ea
58.50
3@
10.00ea
30.00
88.50
88.50
88.50
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Project #
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
RESOLUTION #OO-014PC
CASE FILE #99-067PC
on file in the office of the City Planner, City of Prior Lak
Dated this 15 day of February 2001.
(City Seal)
~
.
1:\99fi1cs\99varl99-067\trucpyOO-O 14.doc
RESOLUTION 00-014PC
A RESOLUTION APPROVING AN EXTENSION OF TIME TO SEPTEMBER 27,
2001, FOR VARIANCE RESOLUTION 99-026PC, A 52,496 SQUARE FOOT
VARIANCE TO PERMIT A 34,628 SQUARE FOOT LOT AREA INSTEAD OF
THE REQUIRED MINIMUM AREA OF 2 ACRES TO BE A BUILDABLE LOT
IN THE R-S DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mark L. Liesener has applied for a one year time extension expiration date for a
variance from the Zoning Ordinance in order to permit the construction of a single
family dwelling on a lot that does not meet the minimum setback to a tributary river
in the R-S (Rural Subdivision Residential) and SD (Shoreland Overlay) Districts at
the following location, to wit;
4525 Jackson Trail, Prior Lake, legally described as Lot 13, Block 2, Titus Second
Addition, Scott County, Minnesota.
2. The Board of Adjustment reviewed the request for an Extension of Time for the
Variance as contained in Case File #99-067, on October 9,2000.
3. The Board of Adjustment has considered the effect of the proposed request 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.
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 time
extension 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.
5. The pre-existing lot of record does not meet the current Ordinance for minimum lot
size in the R-S District. This situation creates an unbuildable lot and a hardship with
1:\99fi1es\99var\99-067\rsOO-14pc.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
respect for the preservation and enjoyment of a substantial property right of the
owner.
6. There is justifiable hardship due to the fact that this lot is a lot of record platted prior
to the minimum lot area requirements established by the current ordinance.
Reasonable use of the property does not exist without the granting of the Variance's
time extension to permit a buildable lot for a single family dwelling.
7. The granting of the Variance's time extension will not serve merely as a convenience
to the applicant/owner, and is necessary to alleviate demonstrable hardship.
8. Without the requested Extension Of Time for the Variance the vacant lot IS
unbuildable.
9. The granting of the Extension Of Time for the Variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant/owner.
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 #99-067PC 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 time extension:
1. An extension of time to September 27, 2001, for a 52,496 square foot Variance to
permit a lot area of 34,628 square feet rather than the required minimum lot area of 2
acres (87,124 square feet) to be buildable lot in the R-S (Rural Subdivision
Residential) and SD (Shoreland Overlay) Districts.
The following conditions must be adhered to prior to the issuance of a building permit for
the proposed structure:
1. Prior to construction, the applicant must obtain all necessary permits, including
permits for the private well and septic system.
2. The applicant/owner shall be required to comply with all other city ordinances and
agency or governmental regulations that apply.
3. This Resolution must be recorded and proof of recording submitted to the Planning
Department within 60 days of approval. Pursuant to Section 1108.415 of the City
Code, the variance time extension will be null and void if the necessary permits are
not obtained for the proposed structure within one year or before September 27,2001.
I: \99fi1es\99var\99-067\rsOO-14pc.doc
2
Adopted by the Board of Adjustment on October 9,2000.
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Thomas E.- V oOOof, Commission Chair
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Doc. No. A 484956
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Rled and/or Recorded on
Project #
09-26-2000 at 02:45 Receipt: 51826
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
Pat Boeckman, County Recorder 01
by ~ , Deputy Fee: $29.50
./lito.' SfeV'(. IIOf'5C'lr
The undersigned, duly qualified and Deputy City Clerk ofthe1:ity of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
RESOLUTION # 99-021PC
CASE FILE # 99-067PC
on file in the office of the City Planner, City of Prior Lake.
Dated this Oc/. / ~ 1~9 7
16200 1i~~tA~l'~.E., Prior Lake, Minnesota 553172-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 99-021PC
A RESOLUTION APPROVING A 52,496 SQUARE FOOT VARIANCE TO
PERMIT A 34,628 SQUARE FOOT LOT AREA INSTEAD OF THE REQUIRED
MINIMUM AREA OF 2 ACRES (87,124 SQUARE FEET) REQUIRED TO BE
BUILDABLE IN AN R-S DISTRICT.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mark L. Liesener has applied for a variance from the Zoning Ordinance in order to
permit the construction of a single family dwelling on a lot not meeting the minimum
lot area in the R-S (Rural Subdivision Residential Use) District at the following
location, to wit;
4525 Jackson Trail, legally described as Lot 13, Block 2, Titus Second Addition
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case File #99-067 and held hearings thereon on September 13, 1999, and on
September 27, 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.
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 and
Comprehensive Plan.
5. The pre-existing lot of record does not meet the current Ordinance for minimum lot
size in the R-S District. This situation creates an unbuildable lot and a hardship with
respect for the preservation and enjoyment of a substantial property right of the
owner.
1:\99files\99var\99-067\rs9921 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
.'
. .
6. There is justifiable hardship due to the fact that this lot is a lot of record platted prior
to the minimum lot area requirements established by the current ordinance.
Reasonable use of the property does not exist without the granting of the variance to
permit a buildable lot for a single family dwelling.
7. The granting of the Variance will not serve merely as a convenience to the applicant,
and is necessary to alleviate demonstrable hardship.
8. Without the requested Variance the vacant lot is unbuildable.
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 #99-067PC 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:
1. A 52,496 square foot Variance to permit a lot area of 34,628 square feet rather than
the required minimum lot area of2 acres (87,124 square feet) to be buildable in an R-
S (Rural Subdivision Residential Use) District.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. Prior to construction, the applicant must obtain all necessary permits, including
permits for the private well and septic system.
2. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. 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 ofthis resolution.
Adopted by the Board of Adjustment on September 27, 1999.
~
Anthony Stamson, Chair
1:\99files\99var\99-067\rs9921 pc.doc
2
ASSENT OF APPLICANT
File #99-67PC
As Approved by Resolution #00-014PC
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am familiar with
their contents and with the content of the exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 ofthe Prior Lake Ordinance Code provides as follows:
1108.413 Revocation and Cancellation of a Variance. A Variance may be
revoked and canceled if the Zoning Administrator determines that the
holder of an existing Variance has violated any of the conditions or
requirements imposed as a condition to approval of the Variance, or has
violated any other applicable laws, ordinances, or enforceable regulation.
1108.414 After One Year. No Construction Required. All Variances shall be
revoked and canceled if 1 year has elapsed from the date of the adoption
of the resolution granting the Variance and the holder of the Variance
has failed to make substantial use of the premises according to the
provisions contained in the Variance (Variance Resolution 00-014PC
expires on/or before September 27,2001).
1108.415 After One Year. New Construction Required. All Variances shall be
revoked and canceled after 1 year has elapsed from the date of the
adoption of the resolution granting the Variance if a new structure or
alteration or substantial repair of an existing building is required by the
Variance and the holder has failed to complete the work, unless a valid
building permit authorizing such work has been issued and work is
progressing in an orderly way (Variance Resolution 00-014PC expires
on/or before September 27,2001).
1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails
to make actual use of vacant land, or land and structures which were
existing when the Variance was issued and no new structure, alteration
or substantial repair to existing buildings was required; or if a new
structure was required by the Variance and no building permit has been
obtained, the Variance shall be deemed revoked and canceled upon the
occurrence of any of the following events:
L:\99FILES\99V AR\99-067\ASNTOO-014.DOC
1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
..
(1) A change in the Use District for such lands is made by amendment to
the Zoning Ordinance by the City Council.
(2) Eminent domain proceedings have been initiated to take all or any
part of the premises described in the Variance.
(3) The use described in the Variance becomes an illegal activity under
the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Variance is forfeited to
the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued files a written statement
in which that person states that the Variance has been abandoned.
The statement shall describe the land involved or state the resolution
number under which the Variance was granted.
(6) The premises for which the Variance was issued are used by the
person to whom the Variance was issued in a manner inconsistent
with the provisions of such Variance.
4. I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of said
Resolution. I understand and agree upon notice of non-compliance with any term or
condition, I shall immediately cease conducting activities pursuant to the notice or
will take all actions necessary to accomplish full compliance with said notice and
conditions of the Resolution.
S/lfJO[
DATE I
SIGNATURE OF APPLICANT
Mark Liesener
~~TYOWNER
Daniel Pinkervich
4525 Jackson Trail, Prior Lake, MN
ADDRESS OF PROPERTY
L:\99FILES\99V AR\99-067\ASNTOO-O I 4.DOC
2
ASSENT OF APPLICANT
File # 99-067PC
As Approved by Resolution # 99-021PC
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am familiar with
their contents and with the content of the exhibits.
2. I fully accept all ofthe terms and conditions of said Resolution.
3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows:
1108.413 Revocation and Cancellation of a Variance. A Variance may be
revoked and canceled if the Zoning Administrator determines that the
holder of an existing Variance has violated any of the conditions or
requirements imposed as a condition to approval of the Variance, or has
violated any other applicable laws, ordinances, or enforceable regulation.
1108.414 After One Year. No Construction Required. All Variances shall be
revoked and canceled if 1 year has elapsed from the date of the adoption
of the resolution granting the Variance and the holder of the Variance
has failed to make substantial use of the premises according to the
provisions contained in the Variance.
1108.415 After One Year. New Construction Required. All Variances shall be
revoked and canceled after 1 year has elapsed from the date of the
adoption of the resolution granting the Variance if a new structure or
alteration or substantial repair of an existing building is required by the
Variance and the holder has failed to complete the work, unless a valid
building permit authorizing such work has been issued and work is
progressing in an orderly way.
1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails
to make actual use of vacant land, or land and structures which were
existing when the Variance was issued and no new structure, alteration
or substantial repair to existing buildings was required; or if a new
structure was required by the Variance and no building permit has been
obtained, the Variance shall be deemed revoked and canceled upon the
occurrence of any of the following events:
(1) A change in the Use District for such lands is made by amendment to
the Zoning Ordinance by the City Council.
L:\TEMPLA TE\V ARIANCE\ASSENT.DOC I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
(2) Eminent domain proceedings have been initiated to take all or any
part of the premises described in the Variance.
(3) The use described in the Variance becomes an illegal activity under
the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Variance is forfeited to
the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued files a written statement
in which that person states that the Variance has been abandoned.
The statement shall describe the land involved or state the resolution
number under which the Variance was granted.
(6) The premises for which the Variance was issued are used by the
person to whom the Variance was issued in a manner inconsistent
with the provisions of such Variance.
4. I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all ofthe terms and conditions of said
Resolution. I understand and agree upon notice of non-compliance with any term or
condition, I shall immediately cease conducting activities pursuant to the notice or
will take all actions necessary to accomplish full compliance with said notice and
conditions of the Resolution.
( iJ / (( / (1
DATE I I
~~
SIGNATURE OF APPLICANT
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4525 JACKSON TRAIL, PRIOR LAKE, MN
ADDRESS OF PROPERTY
L:\TEMPLA TEW ARIANCE\ASSENT.DOC
2
STAFF REPORTS
AND
MINUTES
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MOTION BY STAMSON, SECOND BY ATWOOD, APPROVING RESOLUTION 00-
11PC DENYING A 15 FOOT VARIANCE TO PERMIT AN ACCESSORY
STRUCTURE TO BE SETBACK 10 FEET FROM A PROPERTY LINE ABUTTING A
STREET RATHER THAN THE REQUIRED 25 FEET. A 13.5 FOOT VARIANCE TO
PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 11.5 FEET FROM A
PROPERTY LINE ABUTTING A STREET, AND A 91 SQUARE FOOT VARIANCE
TO PERMIT AN IMPERVIOUS SURFACE AREA OF 2,467 SQUARE FEET (36.7%)
RATHER THAN THE EXISTING IMPERVIOUS SURFACE AREA OF 2,376
SQUARE FEET (35.3%).
Vote taken indicated ayes by all. MOTION CARRIED.
~
B.Cue#99-06, Mark LI~eMrV.riaBee exteBSion.
Zoning Administrator Steve Horsman presented the Planning Report dated October 9,
2000, on file in the office of the Planning Department.
The Planning Department received a written request for a one year extension of an
approved variance from Mark Liesener. The Planning Commission approved a variance
to the minimum lot area that expired on September 27,2000. The time extension request
was submitted on September 26, 2000, after notification by this office of the impending
expiration. Variance Resolution 99-021PC, originally adopted on September 27, 1999
approved a variance to the minimum lot area for a single family dwelling as follows:
1. A 52,496 square foot variance to permit a lot area of 34,628 square feet rather
than the minimum lot area of2 acres (87,120 square feet) required to be
buildable in an R-S District (Rural Subdivision Residential) [City Code ].
The original owner and applicant, Mark Liesener, decided not to build on the subject lot
and has recently sold the property to Daniel Pinkevich. The new owner intends to build a
single family dwelling in the Spring of2001. Without the variance extension the lot
would become unbuildable again and the new owner would be required to apply for the
same variance that was approved on September 27, 1999.
The Planning Staffhas reviewed the extension of time requested. The lot in question is a
nonconforming lot of record. A variance is required before any construction will be
allowed on the property. Staff recommended the Planning Commission approve the
extension of time request for one year from the original termination date, or until
September 27, 2001. This will allow the new property owner time to apply for a building
permit and commence construction in the Spring of2001.
I :\OOfiles\OOplcomm\OOpcmin\ 1 00900mn.doc
4'
Planning Commission Minutes
October 9. 2000
Comments from the Commissioners:
Atwood:
. The extension should be granted.
Criego:
. There is no reason not to extend.
Stamson:
. Agreed. Supported the request.
V onhof:
. Supported the extension.
MOTION BY STAMSON, SECOND BY CRIEGO, TO APPROVE RESOLUTION 00-
14PC APPROVING AN EXTENSION OF TIME TO SEPTEMBER 27,2001, FOR A
52,496 SQUARE FOOT VARIANCE TO PERMIT A 34,628 SQUARE FOOT LOT
AREA INSTEAD OF THE REQUIRED MINIMUM AREA OF 2 ACRES (87,124
SQUARE FEET) TO BE A BUILDABLE LOT IN THE R-S AND SHORELAND
DISTRICTS.
Vote taken indicated ayes by all. MOTION CARRIED.
6. New Business:
A. Case #00-073 Consider a vacation of a utility easement located on the south
lot line of Lot 17, Block 1, Northwood Oaks Estates 2nd Addition.
Planning Coordinator Jane Kansier presented the Planning Report dated October 9,2000,
on file in the office of the Planning Department.
Northwood Oaks Estates 2nd Addition was originally platted in July, 2000. A 25' wide
drainage and utility easement was platted along the south property line of Lot 17, Block
1, to accommodate the placement and maintenance of a sewer line. While the final plat
identified a 25' wide easement at this location, the construction plans indicated a 20'
wide easement.
Karl and Denise Tremmel are in the process of purchasing this lot. The house they plan
on the lot was based on the 20' wide easement shown on the construction plans. The 25'
wide easement was discovered when the purchasers had a survey drawn to locate the
house on the lot. The applicants are requesting the vacation of 5' of the 25' wide
easement. The purpose of this petition is to allow the construction of a new dwelling on
this lot.
1:\OOfiles\OOpJcomm\OOpcmin\ 1 0090Omn.doc
5
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5B
CONSIDER A 1 YEAR TIME EXTENSION TO THE
APPROVED VARIANCE RESOLUTION 99-021 PC,
Case File #99-067
LOT 13, BLOCK 2, TITUS 2ND ADDITION
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
YES X NO
OCTOBER 9, 2000
The Planning Department received a written request for a one year extension of
an approved variance from Mark Liesener. The Planning Commission approved
a variance to the minimum lot area that expired on September 27,2000. The
time extension request was submitted on September 26, 2000, after notification
by this office of the impending expiration. Variance Resolution 99-021 PC,
originally adopted on September 27, 1999 (Exhibit B Resolution), approved a
variance to the minimum lot area for a single family dwelling as follows:
1. A 52,496 square foot variance to permit a lot area of 34,628 square feet
rather than the minimum lot area of 2 acres (87,124 square feet) required
to be buildable in an R-S District (Rural Subdivision Residential) [City
Code ].
DISCUSSION:
Lot 13, Block 2, Titus 2nd Addition, was platted in 1974. The property is located
within the R-S District (Rural Suburban Residential) and the SD District
(Shoreland Overlay). The original owner and applicant, Mark Liesener, decided
not to build on the subject lot and has recently sold the property to Daniel
Pinkevich. The new owner intends to build a single family dwelling in the Spring
of 2001. Without the variance extension the lot would become unbuildable again
and the new owner would be required to apply for the same variance that was
approved on September 27, 1999.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
. AN EQUAL OPPORTUNITY EMPLOYER
The applicant Mark Liesener has met some of the required conditions by
recording the Variance Resolution with Scott County and signing the Assent of
Applicant Form (Exhibit C Assent Form), but did not make substantial use of
the premises by submitting a building permit application and commencing
construction within one year of adoption as required by City Ordinance
1108.415.
The Planning Commission may grant an extension of time not to exceed one
year for any variance. Requests for a time extension are required to be filed with
the Zoning Administrator before the termination date of the Variance, but shall
not be filed more than 30 days before the termination date (City Ordinance
1108.419). The applicant has met this requirement.
RECOMMENDATION:
The Planning Staff has reviewed the extension of time requested. The lot in
question is a nonconforming lot of record. A variance is required before any
construction will be allowed on the property. Therefore the Staff recommends
the Planning Commission approve the extension of time request for one year
from the original termination date, or until September 27, 2001. This will allow
the new property owner time to apply for a building permit and commence
construction in the Spring of 2001.
The Planning Commission also approved a variance to the setback from the
OHW of a tributary stream. Resolution #99-26PC was adopted on December 13,
1999. If a building permit is not approved prior to December 13, 2001, this
variance will also expire. However, a request for an extension cannot be filed
more than 30 days prior to the termination date.
ALTERNATIVES:
1. Approve the one year extension of time as requested by the applicant, or
approve a time period less than one year as the Planning Commission deems
appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the extension of time because the Planning Commission finds the
applicant did not meet all of the conditions imposed in the variance resolution
as required under the zoning code. In this case, the Planning Commission
should direct staff to prepare a resolution with findings denying the extension
of time requests.
L:\99FILES\99V AR\99-067\V ARRPT3.DOC
Page 2
ACTION REQUIRED:
A motion and second adopting Resolution 00-014PC approving the Extension Of
Time for a period not to exceed one year from the date of September 27,2000,
for a 52,496 square foot variance to permit a 34,628 square foot lot area instead
of the required minimum lot area of 2 acres (87,124 square feet) to be a
buildable lot in the R-S District.
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Page 3
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Planning Commission Minutes
September 27, /999
V onhof:
· Concurred with Commissioners and staff the zoning should be RI.
MOTION BY CRIEGO, SECOND BY VONHOF, TO RECOMMEND APPROVAL OF
THE ZONE CHANGE FROM THEA (AGRICULTURE) DISTRICT TO THE R-l
(LOW DENSITY) DISTRICT.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go to the City Council on October 18, 1999.
C. Case #99-067 Mark Liesener is requesting a variance to permit lot area of
34,628 sq. feet rather than the minimum lot area of 2 acres to permit an existing lot
of record to be a buildable lot.
Zoning Administrator Steve Horsman presented the Planning Report, on file in the office
of the City Planner.
On September 13, 1999, the Planning Commission held a public hearing for a variance
request to allow the construction of a single family dwelling on a lot that does not meet
the required minimum lot area in the R-S (Rural Subdivision Residential Use District).
The Planning Commission continued the agenda item to the September 27th meeting.
Comments from the Public:
Applicant Mark Liesener, explained his background in researching the lot and acquiring a
building permit, which he confirmed with the City he could. It was not until after he
purchased the lot, he was informed a variance for sewer and water were required.
Rob Ostdiek, 4510 Jackson Street, said he likes the neighborhood the way it is. He was
under the impression it was not a buildable lot 5 or 6 years ago. Is the two acre minimum
required for the remaining Titus Second Addition?
Kansier explained the vacated road and the existing lots in the addition. She also pointed
out if sewer and water came into the area the situation could change. Prior to May 1,
1999, the area was zoned Rl which only required a 12,000 square foot lot.
Amy Menke, 4511 Jackson Trail, said she was frustrated because they were told in 1986
and 1990 by the City the lot was not buildable. Menke said they had the option to buy
the lot but did not thinking it was unbuildable.
Comments from the Commissioners:
V onhof:
. It is unusual situation. Different information has gone out in the past.
. Have to go with what is before us today and the current ordinance in effect.
1:\99files\99plconun\pcmin\nm092799.doc
6
Planning Commission Minutes
September 27. 1999
. The variance hardship criteria have been met.
Stamson:
· Agreed with V oOOof. It was a legal lot that existed before the ordinance change.
. Without granting this variance there is no use for the lot which would deny the owner
any use of his property. Granting of the variance is in order.
. The hardship criteria set out by the ordinance have been met. Support request.
Criego:
. This is straight forward. We just approved the last two variance requests because
they were substandard lots based on current ordinances. The State, County and City
have been billing and taxing these lots as buildable lots. You can't prohibit the owner
from building an appropriate home as long as the standards are met. In this case, it is
the septic system.
. The previous owner has been paying taxes on a lot of record.
. This is no different than any other substandard lot, just bigger.
. Approve the variance.
MOTION BY CRIEGO, SECOND BY VONHOF, ADOPTING RESOLUTION 99-
021PC APPROVING A 52,496 SQUARE FOOT VARIANCE TO PERMIT A 34,628
SQUARE FOOT LOT AREA INSTEAD OF THE REQUIRED MINIMUM AREA OF 2
ACRES REQUIRED TO BE BUILDABLE IN AN R-S DISTRICT.
Vote taken indicated ayes by all. MOTION CARRIED.e
Commissioner Stamson explained the appeal process to the City Council.
1:\99fi1es\99plcomm\pcmin\mn092799.doc
7
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5C
CONSIDER A VARIANCE TO THE MINIMUM LOT
AREA OF 2 ACRES TO PERMIT AN EXISTING LOT OF
RECORD TO BE A BUILDABLE LOT, Case File #99-
067
LOT 13, BLOCK 2, TITUS SECOND ADDITION
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
SEPTEMBER 27, 1999
On September 13, 1999, the Planning Commission held a public hearing for a
variance request to allow the construction of a single family dwelling on a lot that
does not meet the required minimum lot area in the R-S (Rural Subdivision
Residential Use District).
The applicant Mark Leisener was not in attendance but was represented by
Builder Mike Hayes. Residents adjacent to the subject property attended the
meeting and voiced their objections to the variance request because of the lot's
size, the septic system's proximity to the creek and the owners prior knowledge
regarding whether or not the lot could be built on.
Planning Director Don Rye pointed out the septic system must comply with
applicable codes and that the owners prior knowledge as to the ability to build on
the lot was immaterial to the variance request. Mr. Rye suggested continuing the
matter to the following meeting so the applicant could speak for himself, and the
staff would have time to complete legal research on the Commission's ability to
grant or deny a variance. The Planning Commission continued the agenda item
to the September 27th meeting.
L:\99FILES\99VAR\99-067\VARPRT2.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
DISCUSSION:
On September 20, 1999, the applicants attorney Paul Tatone, P.A., faxed the
City a letter along with a copy of a fax transmittal form he states was originally
sent to the Planning Dept. on July 20, 1999. The letter dated September 20th
refers to the July 20th fax of a 1988 Judgement and Decree which indicated the
City might not issue a building permit for the subject lot (see attached letter and
fax form).
In summary, the Judgement did not affect Lot 13, Block 2, Titus 2nd Addition and
only affected the vacated portion of Foothill Trail and the lots due east of the
subject property (see copy of Resolution #77-12, Foothill Trail Vacation).
In addition, the staff confered with the City Attorney regarding any previous
knowledge of the applicant/owner for the subject property and the variance
request. The City Attorney concluded that the applicants prior knowledge is
immaterial to the variance request and hardship criteria.
RECOMMENDATION:
The staff believes the variance criteria have been met with relation to the pre-
existing lot of record and the current Ordinance for minimum lot size. The staff
recommends the Planning Commission approve the requested variance to allow
the construction of a single family dwelling on a lot not meeting the minimum lot
area requirement subject to the following condition:
Prior to construction, the applicant must obtain all necessary permits, including
permits for the private well and septic system.
ALTERNATIVES:
1. Approve the variance requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria. In this case, the
Planning Commission should direct staff to prepare a resolution with findings
denying the variance requests.
ACTION REQUIRED:
Motion and second adopting Resolution 99-021 PC approving a 52,496 square
foot variance to permit a lot area of 34,628 square feet rather than the minimum
L:\99FILES\99V AR\99-067\V ARPRT2.DOC
Page 2
PAUL M. TA TONE, P.A.
AiiO~I\IEV AT LAW
SUITE 230, FIRSTAR FINANCIAL CENTER
1550 EAST 79TH STREET
BLOOMINGTON, MINNESOTA 55425
(6121 854-8846
FAX: (6121 854-3482
September 20, 1999
Ms. Steven Horsman
Prior Lake Planning Department
via facsimile
Re: Mark Liesener
Lot 13, Block 2, Titus Second Addition
Dear Mr. Horsman:
I have been asked by Mark Liesener to forward the following information to you. I represent
Mark Liesener in the purchase of the above referenced lot. In the course of examining title to
said lot. I found a 1988 Judgment and Decree which indicated that the City of Prior Lake
might not issue a building permit for Mr. Liesener's lot. On July 20, 1999, T contacted the
Planning Department and was told (0 fax a copy of the Judgment to Connie, which J did along
with a facsimile cover sheet (a copy of which is enclosed). On July 22, 1999, I spoke on the
phone with Connie who advised me that a building permit could be issued to Lots 11 and 12,
Block 1, and Lots 13 and 14, Block 2, Titus Second Addition. Based on that representation
Mr. Liesener proceeded with the purchase of the above referenced lot. At no time did anyone
tell me that a variance would be required before a building permit would issue.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
PAUL M. TATONE, P.A.
~~~
Paul M _ Tatone
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_ PAUL M. TATONE, P.A........
A TIURNEY AT lAW
SUITE 230, FIRSTAR FINANCIAL CENTER
1550 E. 79TH STREET
BLOOMINGTON, MINNESOTA 55425
(612) 854-8846
FAX; (612) 854-34S2
FAX
TRANSMITTAL
FORM
DATE: ?-~e:;;-99
Total Number of Pages (including transmittal):
-
5
FROM:
PAUL M. TATONE
FAX NUMBER: (612) 854-3482
TO: ~~~~iU;/~'
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FAX NUMBER:
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COMMENTS:
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If you have any problems receiving this transmission, please call (612) 854-8846.
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY
PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED SOLELY FOR THE USE
OF THE PERSONS OR ENTITIES NAMED ABOVE. IF YOU ARE NOT SUCH PERSONS
OR ENTITIES, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION,
DISSEMINATION OR REPRODUCTION OF THIS FACSIMILE MESSAGE IS STRICTLY
PROHIBITED. IF YOU HA VE RECEIVED THIS MESSAGE IN ERROR, PLEASE
IMMEDIATELY CALL US AT (612) 854-8846.
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CITY OF
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RESOLUTICN #77-12
Motion by:
Watkins
Seconded by:~ssone'l t
WHEREAS, the City of Prior Lake received a petition to vacate
a portion of Foothl II Trai I located in the plat of Titus 2nd
Addition, dated March 18, 1977.
WHEREAS, the petitioners, Eagle Creek Properties are the
owners of the land, abutting that portion of Foothl II Trai I
proposed to be vacated.
...
WH~REAS, the City Councl I of Prior Lake conducted a public
hearing on April 25th, 1977 at 8:00PM in the Council Chambers
of Prior Lake of which said hearing was publ ished at least
two weeks prior to the hearing.
G
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THEREFORE BE IT RESOLVED, that the City CoDncl1 of Prior Lake
hereby vacates the following described property. That portion
of Footh I II Tra II. accord I ng to Scott County, Minnesota I y I ng
Easterly of the Northerly extension of tho Easterly line of Lot
13, Block 2 of said plat of Titus 2nd Addition.
"'"'
Witness of my hand and official seal of Prior Lake, Minnesota
this 27th day of June , 1977.
Yes No
Stock x Stock
Busse x Busse
Oakes -absent Oakes --
Bissonett x Bissonett
Watkins x Watkins
.J
711d~,('d.lvfC!--;:!h;,~~
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Michael A. McGuire
City Manager
(.,;
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THE CENTER OF LAKE COUNTRY
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( Planning Commission Minutes
September 13, 1999
Rye reviewed the Commissioners' conversations which proposed the ordinance.
There was a brief discussion between the Commissioners on the ordinance and the
hardship criteria.
MOTION BY KUYKENDALL, SECOND BY STAMSON, TO ADOPT ~:QLUTION
99-20PC DENYING A VARIANCE TO PERMIT AN ACCESSORY q@RAGBTO BE
LOCATED BETWEEN THE FRONT BUILDING WALL AND TH.B:~:I&ONT LOT
LINE INSTEAD OF THE REQUIRED SIDE YARD OR REAR,.xlRDti~~ED ON
~;~SSIONERS' FINDINGS THAT THEHARD~~
Vonhofsaid the ordinance fails in this particular case. ..:W~:::fully..:~upports the City's:::::::::::f/:::"
zoning and regulations and explained why it falls shQd:::Q.fwhadh.~;hprdinance is mc.:Mht to
do. .::{:;::::::::::::::::::::::~::::::::::~:::::.. ..::t:::::::::::::::::::::~:\:::.
Stamson agreed the zoning fails but did n~t..c~ate a com~~~ for a variance.
Kuykendall disagreed stating the ordinand~:::i;::ii:lt!!H~.. and this ma,I~F:does not fit the
legal hardship criteria in any way. '::::~::':Iil:~:\."::::::::;;:::::~:::::::::::::::::::::::::::::::::!:::::::::::::::::::~~:?:. .:......
There was a brief diSCUSSi:0::~0~:::~~1'::i;dinancJ~::,~:'hardshipjJ&heria.
Vote taken indicated a:y"A5y Kuyk~l1all, Stamsi~t:twd Cramer. Nay by Vonhof.
MOTION CARRIElJt~::~~~~:;:::. ./\/: )::::::?:::::..
.(1~i::::~:.::::;:~t}rt:::.. ..:::.;:~~;~;~;~;:;:::::::::::::.:::::::.::::::.:.:.:.:.:.................::::::~~r::::..
Kansier explained the a;~~~h:~p.t6:6~~~~:~::~::mrr/:::::::~:::::~::t::::::::::::.
.... . ........
E. C;9f.~if#99iliiW~I:::lM:ark Llti"ltfX:::;' requesting a variance to permit lot area of
34,62~~::f.(;:=feet rathi:FffiiP. the m1iliilum lot area of 2. acres to permit an existing lot of
r:0~':;~;::::be a buildabl(!::I~.:::/:::--
Plannirlg:::wpprdinator Jaq~::Kansier presented the Planning Report dated September 13,
1999, on1i~':::I:::~~ ~:~~;W':'bfthe City Planner.
The Planning D~p~ent received a variance application from Mark Liesener to allow
the construction~:6f a single family dwelling on a lot that does not meet the minimum lot
area requirement in the R-S (Rural Subdivision Residential Use District). Liesener is
requesting a 52,496 square foot variance to permit a lot area of 34,628 square feet rather
than the minimum lot area of 2 acres required to be buildable in an R-S District.
Titus Second Addition is not in the Metropolitan Urban Service Area (MUS A) and is not
served by public sewer and water. A private well and septic system are required and must
meet all applicable standards for private systems.
1:\99files\99p1comm\pcmin\mn091399.doc
9
Planning Commission Minutes
September 13, 1999
Staff believes the variance criteria has been met with relation to the pre-existing lot of
record and the current ordinance for minimum lot size. The staff recommended approval
of the requested variance to allow the construction of a single family dwelling subject to
the following condition: Prior to construction, the applicant must obtain all necessary
permits, including permits for the private well and septic system.
Comments from the public:
..::::~:~::::::::~:~::~::::::::\~\:~t
Mike Hayes, the builder of the project, represented the applicant, saiq::me:::~pplicant
bought the property thinking he could build on it and found out he..:Qpul'dijr::th:..All the
setbacks and other City ordinances are met. Hayes agreed ~:~~:::~::J': it w~M~i:_::~::~P'
Amy Menke, 4580 Jackson Trail, said she is against the v.mjihdfoocause the arei:::I:JWi~
and the City should maintain the 2 acre requirement. Th4.rMenk~:~ did talk to Mr. qleher
on two different occasions and told him that sewer a.>>4::}'Y.ater w6i!9.not be available::"
based on their information from the City. Menkes':s!iiftJ.!X w~'if:W::buy the lot but did
not because they were told it was not buildable. She fe1flh1.~:;Were rib hardships and Mr.
Liesener was very aware he could not build on that lot. "::\\I:@}:::..
"':':'::::::::::::::'.
................ .
Rob Ostdick, 4510 Jackson Trail, felt the'::'p~~h:iw}.ers should ';'ii~lt'to the ordinance
and deny the variance. Ostdick questione&:upw a6ii::I~t:~r.ptiS.. system would be before
it would go into the creek. And when did th~:g aste::mihiR\iirHecome an ordinance. Rye
responded the ordinance we~l~~~9~::tffect in M~t=tf999 ..:::)?:..
Greg Henning, 13171 !!~~:~""~i~~~~, said hi~:~:'i.!RPOnCern is the septic system leaking
into the watershed did9,.t. There i,,:::K 15 acre Par;!,r:on the other side of the creek.
Henning also said Jaddlqn:~~Irail{!.::;!!m!:t@4.:~~ffiid 1985. This property falls within
Titus Second Addition. ":::::~@ff}::~(~:::::" ..........::.:.:::::::::::::::::::::::::::{:~t~t:~:~:::::.'
Chris OS!f!Pk;~~]J5~t":::~~G!<:son.:t;il!~::~~Wj.g::her concern was for the septic system and the
water~p~(rdistrict. tfi"]~~er conci,Fis the disclosure issue when Liesener bought the
p~~~.~::" There is no h,triP.:t?:..
Rye pdi~~t~tout the sept,i:::$ystem tank constructed on the site has to comply with the
County's"::6{9m~ce sugj,6t to their inspection. Beyond that, the City does not have any
information'"'()q:::~'i:::~~,p~ct on the creek.
Mike Hayes poi6~~d out Scott County would make sure the well and septic system would
be in place. The house would be on one side of the creek.
.......... .
.......... ..
.......... ...
.......... ....
.......... .....
........... ......
..................
.................
Amy Menke said the lots west of the vacated road would not be near the creek.
1:\99files\99plcomm\pcmin\nm091399.doc
10
#
<. Planning Commission Minutes
September 13, 1999
Comments from the Commissioners:
Cramer:
. Appreciate the neighbors concern for the septic system near the creek but that concern
is for Scott County.
· Believes there is a hardship because ofthe way the property was platted before the
ordinance was in place warrants a variance at this time. ..:.:.:.:.:.:.:.:.:.:.:.:....
:u:::::::fue request. AW
· Agreed with Cramer there is a hardship, not made by the propW1y owna{:i:~:~:::::~~::::..
· This first step in the process is that the septic has to be tW{.jPl9.!h of by Sc&'-i:fJ.punty
before there would be a building permit. ..:::::{::::!}f:::::.:..........:.::::::::. ..::::t::::::j:::::::::::)::~:::):'
· T~e issue is hard~hip criteria for a buildable lot. .._ether O(:Be.t the applicant ~,If"
. ~~:k ~~~~~~g;a~~shi:ar:~~~ of us. .::::::::::~:~:~:=m:!:::::j:::':..':!:::::::t:::....::::!::::::::::::::::::::::::::::::::}:.
Rye said the question of knowledge as to .~~. status ofthe ~:~~""}s i:grmaterial to the
discussion. Consider continuing the matqf::IIQ::p'~ye the applicaht::~p,ik for himself.
T~~ would also give staff so.me time to dd:::fmi!l11~n~::ft:~::arch oq::Jhe Commissioner's
abIlIty to grant or deny a vanance. \!t\. .::::::f:::::::::::::~~~~=m:mm~:~:~tt;::::::::6}'
'::~~~jt~::~~fj!!:::;"
Stamson: ..::::tj~)~~t)tjrtrrt~t. \ft.
· Agreed with Rye, pq9}.fknowldf~1: that the Iv~,is ~buildable is immaterial to the
discussion. .:.:.:::::.' ....... ':::::(::;;.;;;:::;::::'
....... ..... ..............
· Support continQ;i.h~::_ij!::~:::it::;~~~~~i:j::::i:i:~:~~l:f::::..
MOTION ~.~:::7~ER, S~~~~ BY KUYKENDALL, TO CONTINUE THE
HE~~:~~#~l::$,lt~I~:~ER 44~:::.~!:~:J~r:::
Vot.X~J:Mhm indicated aY~fj:RY all.:l40TION CARRIED.
..::f}::::::!:~:~:~:~:~:~:~::;;, .
5~::" ..::::t:::IJ~:Business: .:.:.:.:.:.' None
"::::i(~1~1~1~1~1t\:.. . ..
Ne~~ None
'.;;:::::::::::::::::::::::::.'
Annoul!-;~Jfuents and Correspondence:
6.
7.
Reminder: The Downtown Redevelopment Workshop will be held Tuesday,
September 14, 1999, in the City Council Chambers at 7:00 p.m.
1:\99fi1es\99p1comm\pcmin\nm091399.doc
11
G:;;;;f;M~~
-"'---------
Rye reviewed the Commissioners' conversations which proposed the ordinance.
There was a brief discussion between the Commissioners on the ordinance and the
hardship criteria.
MOTION BY KUYKENDALL, SECOND BY STAMSON, TO ADOPT RESOLUTION
99-20PC DENYING A VARIANCE TO PERMIT AN ACCESSORY GARAGE TO BE
LOCATED BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT
LINE INSTEAD OF THE REQUIRED SIDE YARD OR REAR YARD BASED ON
THE COMMISSIONERS' FINDINGS THAT THE HARDSHIP CRITERIA HAS NOT
BEEN MET.
Vonhofsaid the ordinance fails in this particular case. He fully supports the City's
zoning and regulations and explained why it falls short of what the ordinance is meant to
do.
Stamson agreed the zoning fails but did not create a compelling reason for a variance.
Kuykendall disagreed stating the ordinance is in place and this matter does not fit the
legal hardship criteria in any way.
There was a brief discussion on the ordinance and hardship criteria.
Vote taken indicated ayes by Kuykendall, Stamson and Cramer. Nay by Vonhof.
MOTION CARRIED.
Kansier explained the appeal process.
-
'>
E. Case #99-067 Mark Liesener is requesting a variance to permit lot area of
34,628 Sf. feet rather than the minimum lot area of2 acres to permit an existing lot of
record to be a buildable lot.
Planning Coordinator Jane Kansierpresented the Planning Report dated September 13,
1999, on file in the office of the City Planner.
The Planning Department received a variance application from Mark Liesener to allow
the construction of a single family dwelling on a lot that does not meet the minimum lot
area requirement in the R-S (Rural Subdivision Residential Use District). Liesener is
requesting a 52,496 square foot variance to permit a lot area of 34,628 square feet rather
than the minimum lot area of2 acres required to be buildable in an R-S District.
Titus Second Addition is not in the Metropolitan Urban Service Area (MUSA) and is not
served by public sewer and water. A private well and septic system are required and must
meet all applicable standards for private systems.
1:\99files\99plcomm\pcmin\nm091399.doc
9
Planning Commission Minutes
September 13, 1999
Staff believes the variance criteria has been met with relation to the pre-existing lot of
record and the current ordinance for minimum lot size. The staff recommended approval
of the requested variance to allow the construction of a single family dwelling subject to
the following condition: Prior to construction, the applicant must obtain all necessary
permits, including permits for the private well and septic system.
Comments from the public:
Mike Hayes, the builder of the project, represented the applicant, said the applicant
bought the property thinking he could build on it and found out he couldn't. All the
setbacks and other City ordinances are met. Hayes agreed with staff it was a hardship.
Amy Menke, 4580 Jackson Trail, said she is against the variance because the area is rural
and the City should maintain the 2 acre requirement. The Menkes did talk to Mr. Liesener
on two different occasions and told him that sewer and water would not be available
based on their information from the City. Menkes said they wanted to buy the lot but did
not because they were told it was not buildable. She felt there were no hardships and Mr.
Liesener was very aware he could not build on that lot.
Rob Ostdick, 4510 Jackson Trail, felt the Commissioners should stick to the ordinance
and deny the variance. Ostdick questioned how close the septic system would be before
it would go into the creek. And when did the 2 acre minimum become an ordinance. Rye
responded the ordinance went into effect in May 1999.
Greg Henning, 13171 Henning Circle, said his main concern is the septic system leaking
into the watershed district. There is a 15 acre parcel on the other side of the creek.
Henning also said Jackson Trail was vacated around 1985. This property falls within
Titus Second Addition.
Chris Ostdick, 4510 Jackson Trail, said her concern was for the septic system and the
watershed district. The other concern is the disclosure issue when Liesener bought the
property. There is no hardship.
Rye pointed out the septic system tank constructed on the site has to comply with the
County's ordinance subject to their inspection. Beyond that, the City does not have any
information on the impact on the creek.
Mike Hayes pointed out Scott County would make sure the well and septic system would
be in place. The house would be on one side of the creek.
Amy Menke said the lots west of the vacated road would not be near the creek.
1:\99files\99plcomm\pcmin\nm091399.doc
10
Planning Commission Minutes
September 13, 1999
Comments from the Commissioners:
Cramer:
· Appreciate the neighbors concern for the septic system near the creek but that concern
is for Scott County.
. Believes there is a hardship because of the way the property was platted before the
ordinance was in place warrants a variance at this time.
. Supports the request.
Kuykendall:
. Agreed with Cramer there is a hardship, not made by the property owner.
. This first step in the process is that the septic has to be taken care of by Scott County
before there would be a building permit.
. The issue is hardship criteria for a buildable lot. Whether or not the applicant had
prior knowledge is hearsay.
. Work with the facts in front of us.
Rye said the question of knowledge as to the status of the building may be material to the
discussion. Consider continuing the matter and have the applicant speak for himself.
This would also give staff some time to do some legal research on the Commissioner's
ability to grant or deny a variance.
Stamson:
. Agreed with Rye, prior knowledge that the lot is unbuildable is very material to the
discussion.
. Support continuing the matter for two weeks to give the applicant an opportunity to
come in and address that issue and question the applicant.
MOTION BY CRAMER, SECOND BY KUYKENDALL, TO CONTINUE THE
HEARING TO SEPTEMBER 27, 1999.
Vote taken indicated ayes by all. MOTION CARRIED.
5.
Old Business:
None
6.
New Business:
None
7. Announcements and Correspondence:
Reminder: The Downtown Redevelopment Workshop will be held Tuesday,
September 14, 1999, in the City Council Chambers at 7:00 p.m.
1:\99fi1cs\99plcomm\pcmin\nm091399.doc
11
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4E
CONSIDER A VARIANCE TO THE MINIMUM LOT
AREA OF 2 ACRES TO PERMIT AN EXISTING LOT OF
RECORD TO BE A BUILDABLE LOT, Case File #99-
067
LOT 13, BLOCK 2, TITUS SECOND ADDITION
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
SEPTEMBER 13, 1999
The Planning Department received a variance application from Mark Liesener to
allow the construction of a single family dwelling on a lot that does not meet the
minimum lot area requirement in the R-S (Rural Subdivision Residential Use
District). The following variance is requested:
1. A 52,496 square foot variance to permit a lot area of 34,628 square feet
rather than the minimum lot area of 2 acres (87,124 square feet) required
to be buildable in an R-S District (City Code 1102.306 Dimensional
Standards ).
DISCUSSION:
Lot 13, Block 2, Titus Second Addition, was platted in 1974. The property is
located within the R-S (Rural Subdivision Residential Use District). The applicant
does not own either ofthe adjacent parcels. The lot dimensions are 162.40 feet
front by 227.43 E side by 139.67 feet rear by 277.86 feet W side lot line. The
total area square footage is 34,628. The required minimum lot area is 2 acres
(87,124 square feet) in the R-S District.
Titus Second Addition is not in the Metropolitan Urban Service Area (MUSA) and
is not served by public sewer and water. A private well and septic system are
required and must meet all applicable standards for private systems.
L:\99FILES\99VAR\99-067\67VARRPT.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
According to the attached survey, the proposed structure meets all minimum
setbacks. The applicant is not requesting any variances other than the lot area
variance. It must be noted that there is an outlet channel from Pike Lake running
over and along the east lot line. A revised survey depicting a minimum 30 foot
setback from the 100 year high water mark elevation contour is required as part
of the building permit application.
VARIANCE HARDSHIP STANDARDS
1. Where by reason of narrowness, shallowness, or shape of a lot, or
where by reason of exceptional topographical or water conditions or
other extraordinary and exceptional conditions of such lot, the strict
application of the terms of this Ordinance would result in peculiar and
practical difficulties or exceptional or undue hardship upon the owner
of such lot in developing or using such lot in a manner customary and
legally permissible within the Use District in which said lot is located.
This lot was platted in 1974 as a buildable lot with 34,628 square feet. The
new Zoning Ordinance requires a minimum of 2 Acres to be a buildable lot in
the R-S District. The lot is not buildable under the current code because of
size, an exceptional condition creating undue hardship on the owner.
2. Conditions applying to the structure or land in question are peculiar to
the property or immediately adjoining property, and do not apply,
generally, to other land or structures in the Use District in which the
land is located.
The conditions are peculiar to this property because the adjacent lots have
been developed and the lot is a preexisting lot of record.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
Without the requested variance, the lot remains unbuildable. The variance is
necessary for the preservation and enjoyment of a substantial property right
of the owner.
4. The granting of the proposed Variance will not impair an adequate
supply of light and air to the adjacent property, unreasonably increase
the congestion in the public streets, increase the danger of fire, or
endanger the public safety.
The granting of this variance will not impair on the above stated values of the
adjacent property owners, unreasonably increase congestion, or endanger
the public safety.
L:\99FILES\99V AR\99-067\67V ARRPT.DOC
Page 2
5. The granting of the Variance will not unreasonably impact on the
character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area,
or in any other way impair the health safety, and comfort of the area.
The adjacent properties are legal nonconforming lots, similar in size and use
to the subject property.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
The granting of the proposed variance will not be contrary to the intent of this
Ordinance and the Comprehensive Plan.
7. The granting of the Variance will not merely serve as a convenience to
the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
The granting of the variance is necessary to alleviate a demonstrable undue
hardship or difficulty.
8. The hardship results from the application of the provisions of this
Ordinance to the affected property and does not result from actions of
the owners of the property.
The hardship is not the result of the action of the property owner. The lot was
platted in 1974, and does not meet the minimum lot area requirement in the
current Zoning Ordinance. A building permit cannot be issued without the
approval of the requested variance.
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
Economic consideration has no impact on this variance request, other than to
note that the existing lot if record is not buildable without the variance.
RECOMMENDATION:
The staff believes the variance criteria have been met with relation to the pre-
existing lot of record and the current Ordinance for minimum lot size. The staff
recommends the Planning Commission approve the requested variance to allow
the construction of a single family dwelling on a lot not meeting the minimum lot
area requirement subject to the following condition:
Prior to construction, the applicant must obtain all necessary permits, including
permits for the private well and septic system.
L:\99FILES\99V AR\99-067\67V ARRPT.DOC
Page 3
ALTERNATIVES:
1. Approve the variance requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated .hardship. under the zoning code criteria. In this case, the
Planning Commission should direct staff to prepare a resolution with findings
denying the variance requests.
ACTION REQUIRED:
Motion and second adopting Resolution 99-021 PC approving a 52,496 square
foot variance to permit a lot area of 34,628 square feet rather than the minimum
lot area of 2 acres (87,124 square feet) required to be buildable in an R-S
District.
L:\99FILES\99V AR\99-067\67V ARRPT.DOC
Page 4
RESOLUTION 99-021PC
A RESOLUTION APPROVING A52,496 SQUARE FOOT VARIANCE TO
PERMIT A 34,628 SQUARE FOOT LOT AREA INSTEAD OF THE REQUIRED
MINIMUM AREA OF 2 ACRES (87,124 SQUARE FEET) REQUIRED TO BE
BUILDABLE IN AN R-S DISTRICT.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mark L. Liesener has applied for a variance from the Zoning Ordinance in order to
permit the construction of a single family dwelling on a lot not meeting the minimum
lot area in the R-S (Rural Subdivision Residential Use) District at the following
location, to wit;
4525 Jackson Trail, legally described as Lot 13, Block 2, Titus Second Addition
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case File #99-067 and held hearings thereon on September 13, 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.
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 and
Comprehensive Plan.
5. The pre-existing lot of record does not meet the current Ordinance for minimum lot
size in the R-S District. This situation creates an unbuildable lot and a hardship with
respect for the preservation and enjoyment of a substantial property right of the
owner.
1:\99files\99var\99-067\rs9921 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
6. There is justifiable hardship due to the fact that this lot is a lot of record platted prior
to the minimum lot area requirements established by the current ordinance.
Reasonable use of the property does not exist without the granting of the variance to
permit a buildable lot for a single family dwelling.
7. The granting of the Variance will not serve merely as a convenience to the applicant,
and is necessary to alleviate demonstrable hardship.
8. Without the requested Variance the vacant lot is unbuildable.
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 #99-067PC 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:
1. A 52,496 square foot Variance to permit a lot area of 34,628 square feet rather than
the required minimum lot area of2 acres (87,124 square feet) to be buildable in an R-
S (Rural Subdivision Residential Use) District.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. Prior to construction, the applicant must obtain all necessary permits, including
permits for the private well and septic system.
2. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. 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 ofthis resolution.
Adopted by the Board of Adjustment on September 13, 1999.
Anthony Stamson, Chair
ATTEST:
Donald R. Rye, Planning Director
1:\99fi1es\99var\99-067\rs9!}21 pc.doc
2
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The only casements shown orc fi"om plots of record or inlormollon
provided by client. -"-
We hereby certify thot this is 0 true and corred representation of
a survey of the boundaries or the obove described lond and the
laeolion of on buildings and visible uncroochments. if (my, from or on
said land.
Survoyod by u. It,i.-2!Ldoy of Julv
ElIlabllshed In 1902
INVOICE--NO. 53642
F.B.NO. 838-07 ,08
SCALE: 1" = 30'
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED Ul. DER THE LAWS OF STATE OF MINNESOTA
7801 73rd Ayonue orlh 812-G80-3093
, Fax No. 680-3622
I.IlnneapoU.. I.Ilnno.ola M428
o Denote8 Iron Monument
II
Property located in Section
23, Township 115, Range 22,
Scott County, Minnesota
o Oonoto. Wood Hub Sel
lor oxcavatlon only
xOOO,O Oenolo. Exl.tlng Elevation
@ Oenoto. Propo.od Elevation
__ Oonolo. Surloce Drainage
NOTE: Proposed grado. ore .ubJoct
to re.ulto 01 .011 te.to.
Proposed building Inlormotlan
No flood~levation available from must be chocked with approvod
;. Ci ty engineering or watershed dept. building plan and development or
'. .'"j. '. .... . ~~~dl~~~:~e~:~~ro e.covatlon
Property is located in Zone X per f)11.'=j Pro o.ed To or Block
Community Panel No. 270432 0002 C-"-----II 4 p. p
Da1;ed Nov.ember 19, .1997. ~Proposod Garage floor
, f)O~'}-_Propos.d Lowest floor
Typo 01 BuildIng
tvu.. l3Ao&t~~r
VJ J\().c.oIJ r-
g,urU' ty nrB,!1t.trtifirnit
MICHAEL HAYES
NOTE:Proposed elevations shown
.. recommended by bull der .
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08123/99 MaN 11:36 ~~ 6124474245
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CITY OF PRIOR LAKE liZJ 002
Pla:nning Case File No. 0q-&C:, Z
Property IdcDtificatlon No.
City of Prior Lake
USE APPLICATION
1
Ty~ of ApplieatioJJ;
o Re::l;onin~. from (pre!le1\t zenina)
to (proposed lon1l1i)
[J Amendment to City Code, Compo Plan. Or City Ordinanee
o Subdivision of Latld
o Administtativc Subdivision
D ConditiOl1al Use Permit
fZt Variante
o O1her:
Lake, Minnesota 5~372.1714 ! Phone (612) 4474230, Fax (612) 447-4245
Brier description of proposed project (attach additional
sheetsl1lamltivc if desired)
YjfRJ/I/JJCE S ff/l C
,sl/57eAf
(YJ I IJJ GIlA.) /.0+ lAU:.A.
Applicable Ordlnilln~e Sec:tioo(Il):
..
Applicant(s):
Addre8S:
Home Phone;
Property Owner(s) [If different from Applicants]:
Address:
Home Phone: Work Phone:
Type of Ownership: Fee _ Contract for Deed ~ Purchase Agreement_
To the best of my krlowledge the information provided in tbis application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications will not be processed until deemed complete by the Planning Director or assignee.
~ ~ /j-~/ ?7
AppUant', SIB>J~ ' Dote ' .
~ -.., P/;-'J/?1'
ee Owner S SIgna Date I
TInS SF ACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENlED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDlTIONS:
Signature of Planning Director or DesiiOcc
lll.appl.doe
Date
September 9, 1999
Mark L. Liesener
2829 Overlook Circle
Bloomington, MN 55438
RE: Agenda and Agenda Report
Dear Mr. Liesener:
Attached is a Planning Commission Agenda and Staff Report for the September 13,
1999 Planning Commission meeting. You or your representatives are expected to
attend the meeting. You will be given the opportunity to speak regarding your proposal
and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station
located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you
cannot attend the meeting, please call me so your item can be deferred to the next
Planning Commission meeting. If you have any questions, please contact meat 447-
9854.
even Horsman
Zoning Administrator
Enclosure: Variance Report
J:\99file~\99var\agendlet.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
Correspondence
L:\TEMPLA TE\FILEINFO.DOC
September 22, 1999
Dear Applicant:
Enclosed is a copy of the Agenda for the Monday, September 27, 1999, Planning
Commission meeting as well as a copy of the Planning Report. You are expected to
attend this meeting. If you have any questions or cannot attend the meeting, please call
the Planning Department at 447-9810.
Sincerely,
~C1tA1
Connie Carlson ~
Planning Secretary
enc.
L:\DEPTWORK\BLANKFRM\MEETL TRDOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
./
October 11, 1999
Mark Leisener
2829 Overlook Circle
Bloomington, MN 55438
RE: Recording of Approved Variance
Dear Mr. Leisener:
The purpose of this letter is to advise you the resolution approving the variance
to allow a residential dwelling for your property located at 4525 Jackson Trail
must be recorded with Scott County prior to issuance of a building permit. In
addition, your variance will be null and void within one year from the date of
approval if not recorded and all conditions satisfied, per Section 1108.418 of City
Code.
Enclosed are two certified copies of the original and a copy for yourself. One of
the copies is to be recorded at the Scott County Recorders office by September
26, 2000. The other copy is to be stamped as recorded by the recorders office
and' returned to the Planning Department as proof of recording.
If you have any questions about this matter, please contact me at 447-9854.
Sincerely,
Steven Horsman
Zoning Administrator
6200 .4:\99files.\99v,ar\99-06~r$lcdlal.doc .
1 t.agle ~reeKAve. ;::'.t:.., PrlOr Lake, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
October 4, 2000
Mark Liesener
9350 Portland Avenue
Bloomington, MN 55438
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the October 9,2000
Planning Commission meeting. You or your representatives are expected to attend the
meeting. You will be given the opportunity to speak regarding your proposal and the
staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at
16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot
attend the meeting, please call me so your item can be deferred to the next Planning
Commission meeting. If you have any questions, please contact me at 447-4230.
Sincerely,
~~,sf~~
Planning Dept. Secretary
Enclosure
I:\deptwork\blankfrm\meetltr.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FROM BLC
PHONE NO. : 6128882475
Sep. 26 2000 05:45PM Pi
BloaMlMt;lOM. IAN 55420
aLOIJMll'lG'fON lU'fHUAN C"'UllO.1
93$0 POl(flN'ltl AVENUE $r;U'fH
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FAX
Date: rl;-6( pc)
Number of pages including c;oveT sheet:
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Phone:
Fax phone:
612-888-2475
612-888-7068
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cc:
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IU:MARKS:
o Urgent
~For your revic;W 0 Re.ply ASAP
o Please comment
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The only easements shown orc from ~als of recurd or inforrnulion
provided by client. ....-
We hereby certify 'hot this is 0 true and correct representation of
a survey 0' the boundaries ot the above described lond and lhe
~~i~ti:d~( 011 buildinqs and visible uncroachmenls, if uny. from or on
Surveyed by ue \I,is~duy of July
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ElIlabUshed In 11162
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
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INVOICE-- NO. 53642
F.B,NO. 838-07 ,08
SCALE: 1" = 30'..
'1t.-"
REGISTERED UlDER THE LAWS OF STATE OF MINNESOTA
7801 73rd ATenue orlb 812-880-3093
, . fllll No. 860-3822
UlnneapoU.. IIlnne.olll ll842B
o Denote. Iron Monument
MIClIAEL nAVES
o Denote. Wood Hub Set
for excavotlon only
xOOO.O Denote. Exlsllnll Elevation
@ Oenot.. Propo.ed Elevation
__ Donote. S...face Drainage
NOTE: Propo.ed grade. are eOO Jecl
10 re.u1ls of soli leste.
Proposed bulfdlng Informotlon
No flood 'elevation available from must be checked with approved
Cay engineering or watershed dept. building plan ond development or
".r", ", grading pion before excovotlon
.'~. .. . ' and construction.
Property 15 located'in Zone X per f>1I/~ Pro osed To of Block
Community Panel No. 270432 0002 C~4 p p
. Da~d Nov.ember 19. 1997. D' Propo.ed GarO<je Floor
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NOTE:Proposed elevations shown
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Property located in Section
23. Township lIS, Range 22,
Scott County. Minnesota
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Chor1ee F. Ander.on, '-11m. Reg. No.2175J or
Gregory R. Prosch, Mlnn Reg No. 24992
EXHIBIT B RESOLUTION
Proj ect #
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk ofthe City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
RESOLUTION # 99-021PC
CASE FILE # 99-067PC
on file in the office of the City Planner, City of Prior Lake.
Dated this Od. 1/ / !l71
- /
(City Seal)
16200 E~"-~l'.~.E., Prior Lake, Minnesota 553i72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
/~,N EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 99-021PC
A RESOLUTION APPROVING A 52,496 SQUARE FOOT VARIANCE TO
PERMIT A 34,628 SQUARE FOOT LOT AREA INSTEAD OF THE REQUIRED
MINIMUM AREA OF 2 ACRES (87,124 SQUARE FEET) REQUIRED TO BE
BUILDABLE IN AN R-S DISTRICT.
BE IT RESOL YED BY the Board of Adjustment of the City ofPnor Lake, Minnesota;
FINDINGS
1. Mark L. Liesener has applied for a variance from the Zoning Ordinance in order to
permit the construction of a single family dwelling on a lot not meeting the minimum
lot area in the R-S (Rural Subdivision Residential Use) District at the following
location, to wit;
4525 Jackson Trail, legally described as Lot 13, Block 2, Titus Second Addition
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case File #99-067 and held hearings thereon on September 13, 1999, and on
September 27, 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.
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 and
Comprehensive Plan.
5. The pre-existing lot of record does not meet the current Ordinance for minimum lot
size in the R-S District. This situation creates an unbuildable lot and a hardship with
respect for the preservation and enjoyment of a substantial property right of the
owner.
1:\99files\99var\99-067\rs9921 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
6. There is justifiable hardship due to the fact that this lot is a lot of record platted prior
to the minimum lot area requirements established by the current ordinance.
Reasonable use of the property does not exist without the granting of the variance to
permit a buildable lot for a single family dwelling.
7. The granting of the Variance will not serve merely as a convenience to the applicant,
and is necessary to alleviate demonstrable hardship.
8. Without the requested Variance the vacant lot is unbuildable.
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 #99-067PC 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:
1. A 52,496 square foot Variance to permit a lot area of 34,628 square feet rather than
the required minimum lot area of 2 acres (87,124 square feet) to be buildable in an R-
S (Rural Subdivision Residential Use) District.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. Prior to construction, the applicant must obtain all necessary permits, including
permits for the private well and septic system.
2. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. 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 September 27, 1999.
~
Anthony Stamson, Chair
I: \99fi1es\99var\99-067\rs9921 pc. doc
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The o~y cosemenh, shown ore (rom plots of recurd or inforrnotlon
provided by client. -"'-
We hereby certify that this is Q true and correct representation of
a survey of tha boundaries of the above described land and the
lo~Qliof1 of 011 buildings and visible oncroachrnents, if uny, from or on
SOld land.
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LOT SURVEYSCOMP ANY, INC.
LAND SURVEYORS
REGISTERED U}.DER THE LAWS OF STATE OF MINNESOTA
7801 73rd ATenue ortb . 812-8eO-3093
, fait No. 8eO-3822
JUnoeapolle. Ulooeeota 8842e
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INVOICE.' NO. 53642
F.B.NO. 838-07 ,08
SCALE: 1" - 30',
.
o Denotee Iron Monument
o Denotee Wood Hub Set
lor eKcavatlon only
xOOO.O Denoteo EKloUI19 Elovatlon
@ Donotee Proposed Elevation
---- Donotoo Surlace DraInage
MICIIAEL IIAVES
NOTE:Proposed elevations shown
: recorrmended by buil der .
Property located in Section
23, Township lIS, Range 22,
Scott County, Minnesota
NOTE: Propoood grade. aro .ub Joct
to ro....1o 01 .0U toot..
Propo.od building Information
No flood ~levat1on available from mu.t bo chockod with approved
City engineering or watershed dept. building plan and dovelopment or
,i, :. . grading plan before oKcavatlon
. >~~, "0' , _ and conetructlon.
, Property is located in Zone X per f>ll/~ Pro o.od To 01 Block
Community Panel No. 270432 0002 C~I J p. P
, Da~d Nov.eni>er 19, 1997. D ( '" Propoeod Gar090 Floor
, Bo~.t..._Propo.ed Lowe.t Floor
Type 01 Bundlnll
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Lot 13, Block 2, TITUS 2ND ADDITION
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Surveyod by u. lhi'~duy of Julv
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Chorloo f. And.rson. MI,,". Rog. No.2175J or
Gregory R. Prosch. M1nn Reg No. 2~992
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EXHIBIT C ASSENT
ASSENT OF APPLICANT
File # 99-067PC
As Approved by Resolution # 99-021PC
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am familiar with
their contents and with the content of the exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows:
1108.413 Revocation and Cancellation of a Variance. A Variance may be
revoked and canceled if the Zoning Administrator determines that the
holder of an existing Variance has violated any of the conditions or
requirements imposed as a condition to approval of the Variance, or has
violated any other applicable laws, ordinances, or enforceable regulation.
11 08.414 After One Year. No Construction Required. All Variances shall be
revoked and canceled if 1 year has elapsed from the date of the adoption
of the resolution granting the Variance and the holder of the Variance
has failed to make substantial use of the premises according to the
provisions contained in the Variance.
1108.415 After One Year. New Construction Required. All Variances shall be
revoked and canceled after 1 year has elapsed from the date of the
adoption of the resolution granting the Variance if a new structure or
alteration or substantial repair of an existing building is required by the
Variance and the holder has failed to complete the work, unless a valid
building permit authorizing such work has been issued and work is
progressing in an orderly way.
1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails
to make actual use of vacant land, or land and structures which were
existing when the Variance was issued and no new structure, alteration
or substantial repair to existing buildings was required; or if a new
structure was required by the Variance and no building permit has been
obtained, the Variance shall be deemed revoked and canceled upon the
occurrence of any of the following events:
(1) A change in the Use District for such lands is made by amendment to
the Zoning Ordinance by the City Council.
L:\TEMPLA TE\V ARIANCE\ASSENT.DOC l'
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
(2) Eminent domain proceedings have been initiated to take all or any
part of the premises described in the Variance.
(3) The use described in the Variance becomes an illegal activity under
the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Variance is forfeited to
the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued files a written statement
in which that person states that the Variance has been abandoned.
The statement shall describe the land involved or state the resolution
number under which the Variance was granted.
(6) The premises for which the Variance was issued are used by the
person to whom the Variance was issued in a manner inconsistent
with the provisions of such Variance.
4. I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of said
Resolution. I understand and agree upon notice of non-compliance with any term or
condition, I shall immediately cease conducting activities pursuant to the notice or
will take all actions necessary to accomplish full compliance with said notice and
conditions of the Resolution.
(c:J / (( / t 1
DATE I /
SIGNATURE OF APPLICANT
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4525 JACKSON TRAIL, PRIOR LAKE, MN
ADDRESS OF PROPERTY
L:\TEMPLA TE\V ARIANCE\ASSENT.DOC
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Final Notice
Time Extension
September 14, 2000
Mark Liesener
Bloomington Lutheran Church
9350 Portland Avenue
Bloomington, MN 55438
RE: Extension of Time for Approved Variance Resolution
Dear Mr. Liesener:
The purpose of this letter is to advise you that according to City Ordinance
1108.419 Extension of Time, the City of Prior lake Planning Commission
may grant a 1 year time extension to your approved variance provided you
file this request with the Zoning Administrator before the termination date
of September 27, 2000. In addition, you shall be required to provide proof
of recording the Variance Resolution 99-021, for your property described
as lot 13, Block 2, Titus 2nd Addition, with the Scott County land Records
Office.
If you have any questions about this matter, please contact me at 447-9854.
Sincerely,
~
Steven Horsman
Zoning Administrator/lnspector
1:\99files\99var\99-086\rcdlet3.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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PRIOR LAKE, MINNESOTA 55372
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rher~6yeertify that the following described property has been
e~al1Y'vacated hy the CJty of Pr~or L1Ik~:
. T h a toar t ion 0 f F 0 0 t h ill T r 11 il 11 ceo r din 0 tot h e p 1 a t 0 f T it u s
2nd A~dition Scott County, Minnesota, l~inq Easterlvof the
tJorther1v p.xtp.ns10n ()f the Eastp.r1v line of Lot 13:Block 2, of
said plat of Titu$ 2nd ^ddit10n. .
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PETITION
VACATION OF UNSOLD PORTION
OF TITUS 2ND ADDITION
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The existing property owners of Titus 2nd Addition
hereby petition the vacation of the remaining unsold portion
, of Titus 2nd Addition as identified and legally described in
the attached two (2) exhibits prepared by Valley Engineer-
ing. Specifically, the Petition is for the vacation of all
of, Titus 2nd Addition except the following sold lots:
Lots 11 and 12, Block 1, Titus 2nd Adnition,
Lots 1, 13 and 1.4, Block 2, Titus 2nd Adilition
IT IS FURTHER UNDERSTOOD, that all of Foothill Trail
included within this unsold portion will also be vacated
1. e. that portion of Foothill Trail East of Lots 11 and 12,
'Block 1 and 13 and 14, Block 2.
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FEE OWNERS
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Bernice Conrad
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OWNERS LOT 1,BLOCK 2
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EAGLE CREEK PROPERTIES,
a partnership,
OWNER OF THE REMAINING LOTS
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AlXi-23-1999 11: 48
PAUL M. TATONE, P.A.
P.01
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-
PAUL M. TATONE, P.A.
AT1X'lRNEY AT I,AW
SUITE 230. FlRSTAR FINANCIAL CENTER
lSSO E. 79TH STREET
BLOOMINGTON. MINNESOTA 55425
(612) 854-8846
FAX: (612) ~3482
FAX
TRANSMITTAL
FORM
DATE: ?..dJ.e'-9P
Total Number of Pages (including transmittal):
-
~
FROM:
PAUL M. TATONE
FAX NUMBER: (612) 854-3482
TO: ~~~~ht.
~: ~';.J
FAX NUMBER: ,yJ,/?-.y~ ,,-.r
COMMENTS:
Aid lX:., ~ ~<~~~
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el't4c.r ~ Q ~ Me. /,~ ;2N" aM-t.... .
If you have any problems receiving this transmission, please call (612) 854-8846.
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY
PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED SOLELY FOR THE USE
OF THE PERSONS OR ENTITIES NAMED ABOVE. IF YOU ARE NOT SUCH PERSONS
OR ENTITIES, YOU ARE HEREBY NOTIFIED THAT ANY DiSTRIBUTION,
DISSEMINATION OR REPRODUCTION OF THIS FACSIMILE MESSAGE IS STRICTLY
PROHIBITED. IF YOU HA VB RECEIVED THIS MESSAGE IN ERROR, PLEASE
IMMEDIATELY CALL US AT (612) 854-8846.
TOTAL P. 01
08/23/99 MON 11:36 FAX 6124474245
CITY OF PRIOR LAKE
I4J 001
,CrrY OF PlUOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIO:a. l.AKE. MN 55372
Date: g,2:,. CJ~
Number of pages ittcluding cover sheet; ~
To: ~ ~luMhRJL..
From:
Conni@ Cat"lson
CIty ofprior Lake
~ <6<fs C{; -i OIt:f6
Fax phone:
CC:
Phone:
Fax phone:
(612)447-9810
(611)447-424j
REMARKS:
D Uraent
D For your review D :Reply ASAP
D Please comment
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08/23/99 MON 11:37 FAX 612447424e
CITY OF PRIOR LAKE
llJ003
..
City of Prior Lake
VARIANCE PROCEDURES
.
16200 Eagle Creek Avenue SE I Prior Lake, Minnesota .55372-1714! Phone (612) 447-4230, FOlX (612) 447-4245
OVERVIEW
When a person wishes to maintainlbuildlconstruct a structure in a way which does not comply with the
requirements of the City's Zoning Code, a variance is required. Specific requirements for property in each
Zoning Use District are contained in the Zoning Code. Section 1108.400 of th.e Code sets forth the
procedure and requirements for the review of variance requests. The Code is available for review or
purchase from the City's Planning Department.
PRE-APPLICATION PROCEDURES
Before making application for a variance, persons are advised to meet with a member of the plarming staff to
discuss the following:
,., Zoning requirements which apply to the property.
* The development or building plan for the property.
* The applicability of the Code specified criteria to the development or building plan.
* Alternatives to the proposed development.
* Variance procedures.
If a decision is made to proceed after the advisory meeting or meetings, a formal application is made.
APPLICATION PROCEDURES
In oi'der to be considered, the application must be complete. A complete application is to be
submitted to the Zoning Administrator a.fld consists oftha following (additional items may be required in
individual cases):
A. Completed application form (including complete legal description and Property
Identification Nwnher [PID, this can be obtained from county property tax statement]).
B. Filing fee: $150.00 review fee. Fifty percent of this fee may be refunded if the
application is withdra'Wll prior to publication of the hearing notice.
C. Certificate of Survey for the property and adjacent properties showing the existing and
proposed development in relation to:
1. Property lines.
2. Ordinary High Water Mark (OHW), bluffline ifapplicable~
3. Topography (indicate drainage),
4. Structures (existing and proposed),
5. Easements,
D. Mailing labels of the names and addresses of property owners within 350 feet of the
exterior boundaries of the subject property. A copy of the half section map and PID's
indicating those properties listed (within 350 feet of exterior boundaries of the subject
property) is also required. The property owners list and map/PID's may be obtained
from the County Auditor (496-8165) Or from a certified abstract company.
E. A copy of deed restrictions or covenants on the property, if any exist.
F. The site development plan showing existing and proposed conditions including:
buildings, parking, loading, access, surface drainage, landscaping and utility service.
1 :\lJandol.lts\vargllklS .doc
Updated ~/1/<)9
06(23(99 ~lON 11: 36 FAX 612447424l:l
CITY OF PRIOR LAKE
[lj 004
VARIANCE REVIEW PROCEDURES:
ApplicatIon: Within ten days of submission of the application, the applicant will receive fonnal, written
notice from the City whether the application is complotc. Within 30 days of receipt of a complete
application, the Zoning Administrator will schedule a public hearing for review by the Board of Adj llstment
(Planning Commission). The Board of Adjustment must approve or deny the application within 120 days
after a completed application was received.
Timing: Public hearings are scheduled for the Board of Adjustment on the 2nd and 4th Mondays of each
month. Complete applications must be submitted to the Zoning Administrator/Planning Department at least
thirty (30) days prior to the scheduled meeting to allow publication of hearing notice. The Planning
Department will publish notices in the Prior Lake American and notify the applicant and other, affected
property owners of the date and time the proposal will be heard by the Planning COIr'.Jnission.
Staff Report: The Zoning Administrator will prepare a staff report which:
1. Explains the request
2. Reviews the criteria for granting variances as contained in the Code (below); and
3. Provide a recommendation.
Hearing: A public hearing will be held by the Board of Adjustments (planning Commission). The
Board will review the staff report and hear from the applicant. Public testimony on the request will also be
taken. The Board of Adjustments, after reviewing all of the information, will make a decision and ma)' grant
a variance from the strict application of the provisions of the Code provided that:
1. Where by reason of nafrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical
or water conditions or other extraordinary and exceptional conditions of such lot; the strict application or the
terms of this Code would result in peculiar and practical difficulties or exceptional or undue hardship upon the
owner of such lot in developing or using such lot in a manner customary and leially permissible within the Use
District in which said lot is located.
2. Conditions applying to the structure or land in question are peculiar to rhe property or immediately adjoining
property, and do not apply, generally, to other land or strucbJres in the Use District in which the land is
located.
3. The grantini of the proposed Variance is necessary fOI the preservation and enjoyment of a substantial property
riibt of the owner.
4. The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent
property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger
public safety.
5. The granting of the Variance will not unreasonably impact on the character and development of the
neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any
other way impair the health safety, and comfort of the area.
6. The granting of the proposed Variance will not be contrary to the intent of this Code and the Comprehensive
Plan.
7. The granting of a Variance will not merely /Serve a! a convenience to the applicant but is necessary to alleviate a
demonstrable undue hardship or difficulty.
8. The hardship results from the application of the provisions of this Code to the affected properly and does not
result from actions of the owners of the property.
9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a
Variance.
2
): Ihlllldout&\varguid5 .dec
Updated 'j/l/99
08/23/99 MON 11:39 FAX 6124474245
CITY OF PRIOR LAKE
llJ005
,Applicants are invited to use the overhead projector provided, and the exhibits prepared by Staff.
Any additional exhibits submitted by the applicant (at the hearing or prior to the hearing) such as
photographs, petitions, etc. must be entered into the public record and submitted to the:: Planning Department
for the file,
Appeal: The decision ofthc:: Board of Adjustment may be appealed to the City Council by submitting a
letter to the City requesting an appeal within 5 working days of the Board of Adjustment hearing. The
applicant, property owner or any affected owner or property within 350 feet oftbe site may appeal the
decision of the Board of Adjustment. The City Manager will then schedule the appeal on the next, available
City Council agenda.
Recording: If the variance or variances are approved, the applicant is responsible for recording a copy ofrhe
certified resolution at the Scott COlUlty Recorder's Office. The certified copy of the resolution must be
stamped by the County Recorder as proof of recording and returned to the planning offices ofthe City of
Prior Lake before the issuance of a building permit for the project. The applicant must provide proof of
recording to the city and received a building permit within one (1) year from the date of approval or the
variance becomes null and void.
3
1 :\hardo\lts\vilrSllid5.doc
Updated 5/1/99
Miscellaneous
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTI )
)ss
STATE OF MINNESOTA)
(!J11AAll[M.Hl1 of the City AfI:rior Lake, ty of Scott, State of
~mnesota, being duly sworn, says on the ~ day of 1999, she served
thevattached list of persons to have an interest in the it
_ ~~ , by mailing to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
CJ
Subscribed and sworn to be this
day of , 1999.
NOTARY PUBLIC
MAILAFFD.DOC
PAGB
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A LOT AREA VARIANCE TO THE MINIMUM LOT AREA OF 2 ACRES
TO PERMIT AN EXISTING LOT OF RECORD TO BE A BUILDABLE
LOT
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-S (RURAL SUBDIVISION RESIDENTIAL)
DISTRICT IDENTIFIED AS 4525 JACKSON TRAIL.
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on: Monday, September 13, 1999, at
6:30 p.m. or as soon thereafter as possible.
APPLICANT: Mark Liesner
2829 Overlook Circle
Bloomington, MN 55438
SUBJECT SITE: 4525 Jackson Trail, legally described as Lot 13, Block 2, Titus
Second Addition.
REQUEST: The applicant is intending to construct a single-family house. The
existing lot does not meet the minimum lot area to be buildable.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments.
Prepared this 25th day of August, 1999.
Jane Kansier, Planning Coordinator
City of Prior Lake
MAILED SEPTEMBER 2, 1999.
16200 E~~?Ji~r'2g~aJX~k~og:~.~-~~7cWt~CWe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4~7-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A LOT AREA VARIANCE TO THE MINIMUM LOT AREA OF 2 ACRES
TO PERMIT AN EXISTING LOT OF RECORD TO BE A BIDLDABLE
LOT
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-S (RURAL SUBDMSION RESIDENTIAL)
DISTRICT IDENTIFIED AS 4525 JACKSON TRAIL.
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on: Monday, September 13, 1999, at
6:30 p.m. or as soon thereafter as possible.
APPLICANT: Mark Liesner
2829 Overlook Circle
Bloomington, MN 55438
SUBJECT SITE: 4525 Jackson Trail, legally described as Lot 13, Block 2, Titus
Second Addition.
REQUEST: The applicant is intending to construct a single-family house. The
existing lot does not meet the minimum lot area to be buildable.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments.
Prepared this 25th day of August, 1999.
Jane Kansier, Planning Coordinator
City of Prior Lake
To be published in the Prior Lake American on August 28, 1999.
]
-.1.:\99EI LES\99V AR\99-067\99-067PN. DOC 1
16200 Eagle CreeR Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
MICHAEl HAYES
II
Established In 1062
INVOICE.. NO. 53642
F.B.NO. 838-07 ,08
SCALE: 1" = 30'
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd ATonuo Norlh 612-G60-3003
Fax No. GOO-3G22
<,....,,~-)
o Oonotoo Iron Monumont
o Oonoloo Wood Hub Sot
for o.covollon only
xOOO.O Oenoto. E.I.lIng Elevation
€V Denote. Propo.ed Elevollon
_ Oenot.. Surface Drainage
NOTE: Propoood grade. ore .ub ject
to re.u11o of .011 t..te.
Propoood building Information
mu.t be checked with opproved
building pion and development or
grOOlng pion before e.covotion
. and construction.
Property is located in Zone X per f, W~
COIIIIIllnity Panel No. 270432 0002 C~Proposed Top of Block
Oa1;ed Nov.ember 19, 1997. f) 11.4 Propoeed GorO<Je floor
flo;!, .1.-_ Proposed Low..t floor
Type of Bulld1nO
~ f3A'P€J1Ej.)r
1JJJ\t.W r
Mlnneapoll.. IIlnneeole M42B
!PurUf'ynrs Cltf'rtifirnlt
NOTE:Proposed elevations shown
recommended by builder.
Property located in Section
23, Township 115, Range 22,
Scott County, Minnesota
No flood elevation available from
City engineering or .watershed dept.
JAv~bOH
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The only easements shown Ore 'from plots of record or information
provided by client. .; -
We hereby certify thot lhi. I. a true ond correct representation of
a survey of the boundaries of the above described land and the
~~~t1~~d~f 011 bul1dinq8 and visible uflcroochmenls, if any. from or on
Surveyed by us Ihis---2.t!l.-duy of Jul V
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Chorf.. f. Anderoon, 1.1100. Reg. No.2175J or
Gregory R. Prosch. Mlnn Reg No. 2~992
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-
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SEC. 23
T. 1/5 R. 22
.
TH'S,S A CXlMI'ILATlON OF RECOROSAS I
THEY APPEAR IN THE SCOTT COUNTY
OFFICES AFFECTING THE AREA SHOWN
TH'S DRAWING IS TO BE USED ONLY FOR
RefERENCE PURPOSES AND THE COUN-
TY IS NOT RESPONSIBLE FOR ANY IN-
ACCURACIES HEREIN CONTAINED
· )
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WILLlAII J. SCHIIOKEL
COUNTY SURVEYOR.
scorr COUNTY, ..'''HEIOTA
N 23-115- 2:
FE.. 1989
NOV. 1182
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LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UlDER TIlE LAWS OF' STATE OF' MINNESOTA
7601 73rd ATonue orlh ,612-060-3093
Tax No. 060-3022
J.Ilnneapoll.. J.llnn..ol. 60426
g,uru ty orsattrtifindt
EI/labllshed In 1002
INVOICE--NO. 53642
F.B.NO. 838-07 ,08
SCALE: 1" = 3D"
o Denotee Iron MomJm"nt
o Oonoto. Wood Hub S.l
for $)(covollon only
.000,0 Oenoto. Exl.tlnQ Elovatlan
e Denotes Propolled Elevotlon
______ Donate1!l Surface Droln098
HICIIAEl IIAVES
NOTE:Proposed elevations shown
, recolIlllended by buil der.
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NOTE: Propo~ed g-odes ore subJect
to rOl!luih of ,oil le~ls.
Pr"l'o.ed bulldlnq In'ormatlon
must be checked 'HHh approved
buildlnq pion and development or
qrodlng plat beton eliCCQVotlon
and con3 trucHon.
Property is located' i n Zone X per ~ 11,'1 PdT (B1
COlll1\unity Panel No. 270432 0002 C- ropo.. op 0 oak
Oat,ed November 19, 1997. ~ Propoo.d Goroqo Floor
l)O~ .1..-_Propo.ed Lowe.t Floor
Property located in Section
23, Township 115, Range 22,
Scott County, Minnesota
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No flood ~levation available from
City engineering or watershed dept.
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Lot 13. Block 2, TITUS 2ND ADDITION
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The only co~emenl~ "ho.....n arc (rom plals of record O( jnlQrfrlulion
provided by client. -
We hereby certify thot lhi! is 0 lrue alld correct repre!entotion of
o ,urvey o( the boundaries of the obova de3cribed lontl alld I"e
locatiofl of all buihJinqs and visihle utlcroochments. jf uny.lrum or on
said land.
Surveyed by us thi5~duv of
July
19 --1.?
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EXHIBIT A
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Chcrlo. F. ^ndo"on. Wnn, ROQ, No,2175J or
Greqo,..y R. Pro~ch, .vlnn Reg No. 2..(992
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Surveyed by us this 9th
INVOICE--NO, 53642
F.B.N(). 838-01,08
SCALE: 1" = 30 I
Established in 1962
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Annue North 612-660-3093
Fax No. 560-3522
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o Denotes Iron Monument
o Denotes Wood Hub Set
for excavation only
xOOO.O Denotes Existing Elevation
~E) Denotes Proposed Elevation
.. Denotes Surface Dralnoge
NOTE: Proposed grades are subject
to results of soli tests.
Proposed building Information
must be checked with approved
building plan and development or
grodlng plCl'l before excavation
and construction.
Proposed Top of Bock
Proposed Garage Floor
Proposed Lowest Floor
Type of Building
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IUnneapoUl, Mlnnesot.a M426
~UrUtyors attrtifirntt
MICHAEL HAYES
NOTE:Proposed elevations shown
recommended by builder.
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The only easements shown ore 'from plots of record or informution
provided by client. ." ...-
We hereby certify that this is 0 true and correct representation of
a survey of the boundaries of the above described land and the
location of 011 buildings and visible tlncroachments, if any. from or on
said land.
Property located in Section
23, Township 115, Range 22,
Scott County, Minnesota
No flood elevation available from
City engineering or watershed dept.
Property is located in Zone X per ~IL9
Connuni ty Panel No. 210432 0002 C f, II 4-
Dated Nov.enmer 19, 1991. fxJ3.~
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Lot(13, Block 2, TITUS 2ND ADDITION
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Signed
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day of
July
19~
Chcrles F. Anderson, Mim. Reg. No.2175J or
Gregory R. Prosch, Mlnn Reg No. 24992