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Home My WebLink About99-086 Variance Project # STATE OF MINNESOTA) )55. 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 #01-002PC CASE FILE #99-086PC on file in the office of the City Planner, City of Prior L Kelly Meyer Deputy City Clerk Dated this 15 day of February, 2001. (City Seal) .. 1:\99fi1es\99vaJ\99-086\trucpyO 1-02.doc RESOLUTION 01-002PC A RESOLUTION APPROVING A TIME EXTENSION TO SEPTEMBER 27, 2001, FOR VARIANCE RESOLUTION 99-026PC, A 70 FOOT VARIANCE TO PERMIT A STRUCTURE SETBACK OF 30 FEET FROM THE ORDINARY mGH WATER MARK OF A TRIBUTARY STREAM RATHER THAN THE REQUIRED 100 FEET 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 #99-086, on January 16,2001. 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 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. 1: \99fi1es\99var\99-086\rsO 1-02.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 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 #99-086PC 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 70 foot Variance to permit a structure setback of 30 from the ordinary high water mark of a tributary river rather than the required minimum 100 feet. 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 by September 27,2001. Adopted by the Board of Adjustment on January 16,2001. I; .. ..-.-"-- / <:.)., /!} .=.;/ 7 ,. ~-!-v::.-- (./ ,_~/cf. ..-".- Thomas E. V onhof, Commission <f1~ir l. 1:\99files\99var\99-086\rsO 1-02.doc 2 February 15, 2001 Mark Leisener 8679 Sunset Court Shakopee, MN 55379 RE: Recording of Approved Variance Resolutions Dear Mr. Leisener: The purpose of this letter is to advise you that Resolutions 00-014PC, and 01- 002PC, granting time extensions till September 27, 2001, for the Variances on the property located at 4525 Jackson Trail shall be recorded at the Land Records Department at Scott County. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will become null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (see Assent Form). Enclosed is a certified copy of the original Resolution to be recorded at the Scott County Recorders office. Also included is a copy for your records. The other copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Additionally, the enclosed Assent Form must be signed by all property owners and returned to the Planning Department prior to the issuance of any necessary permits. If you have any questions about this matter, please contact me at 447-9854. Sincerely, Steve Horsman Zoning Administrator Cc: Daniel Pinkervich 1:\99files\99var\99-Q86\recdlet3.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ASSENT OF APPLICANT File #99-86PC As Approved by Resolution #01-002PC 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 (Variance Resolution 01-002PC 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 01-002PC 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\99-086\ASNTO 1-02.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. DATE SIGNATURE OF APPLICANT Mark Liesener SIGNATURE OF PROPERTY OWNER Daniel Pinkervich 4525 Jackson Trail, Prior Lake, MN ADDRESS OF PROPERTY L:\99FILES\99V AR\99-086\ASNTO I -02.DOC 2 .. .. Doc. No. A 484958 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Rled and/or Recorded on 09-26-2000 at 02:45 Receipt: 51826 Proj ect # Pat Boeckman, County Recorder 01 by .J~, Deputy Fee: $29.50 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) ;Htr): Steve HaseJy The undersigned, duly qualified and Deputy City Clerk ofthe>tity of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. RESOLUTION #99-26PC CASE FILE #99-086 on file in the office ofthe City Planner, City of Prior Lake. Kelly Meyer Deputy City CI rk Dated this 22 day of December, 1999. C\ ~l CJ(~~f~;i., 'i",.;l\:l 1:/ L'I\ :~'u",'~..-:...._...,:;r' !.,'~, "~~"~~.:-,- -':,~:",._o'"..~f'O '_.~.'\ ...r,. "0 ., ..Ai' . ",-1.] ':rl<'......., \#-'; . :"~,-v_,,,,',_',-;\J<:,:""'''''';' ~:'! , .,.-' ?"3).' ....,., J -: : ;:;<7(Clt)9ieat\ \J : : ,>:~; J':-v',' :r;a~ . ~ .J:., ..r--.... ";... \..' "".. 0 ; _\ .. I~" I _-'.- ') . " (> ..... ~ . . t)" .. ~... '('.-/ ...." ....... /'\ "" 't., :1' l'\:;\ ""; it . I: \99files\99var\99-086\trucpy26.doc RESOLUTION 99-026PC A RESOLUTION APPROVING A 70 FOOT VARIANCE TO PERMIT A 30 FOOT STRUCTURE SETBACK INSTEAD OF THE REQUIRED MINIMUM 100 FOOT STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER LEVEL OF A TRIBUTARY STREAM 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 located in the R-S (Rural Subdivision Residential Use) District and SD (Shoreland) 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 variances as contained in Case #99-086PC and held hearings thereon on December 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 allow for the minimum structure setback requirements of 100 feet from the ordinary high water level of a tributary stream and does not provide for a legal building envelope for a residential dwelling. 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:\99fi1es\99var\99-086\appres.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 caused by the minimum structure setback to a tributary stream required today and the platted lot of record. 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 #99-086PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for the proposed structure as shown in Exhibit A Revised: 1. A 70 foot Variance to permit a 30 foot structure setback instead of the required 100 foot structure setback to the ordinary high water level of a tributary stream. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. All other City Codes and applicable agency regulations, including the Minnesota Pollution Control Agency standards for private well and septic systems shall be met. 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 Decemb~ Anthony Stamson, Chair 1: \99fi1es\99var\99-086\appres.doc 2 o Donato. Wood Hub Sot for excavation only xOOOO Donoto. Ex,.lInO Elovotlon e Donoto. Propoood Elovollon ------ Denotes Surface Dralnaoe NOTE: Propo..d grodo. ore .ub joct to ro.u1to of .011 to.h. Propo.od bulldlno Informollon No flood elevation available from mu.t be checked with opproved City engineering or watershed dept. bulldlno pion ond development or grading plcr1 before excavation , and construction. Property is 1 oca ted in Zone X per ~II '1 Cornnunity Panel No. 27043~ 0902 C~Propo.ed Top or Block Oa1;ed Nov.ember 19, 1997. ~!~rf f, 11.4 Propo.ed Oor"ge I'Io0r .r '5 ," !)O3 '!--_ Propo.~d Lowest I'loor 0" ( - I ijp?}," ~ A Type of BulldlnO JAu~00N \ 1"""'\ L"'I< ifVJ... ~tMEJ.,)r V ( (=11-\\L.L. A\V.J< -tfA\\...) ~v 1P< "( /, W4~r ' ,,- ~""" #.~. ~}~>fl1- _w~j-=~===r /.,. .r"\~' :f /-,'""- i,p/ ;~'l-AO- 1 (J),}/ ; II I llif:/ / t\ I I 'l iif.Jj } : I :" t,~ i I~ \f:~r'/ ~ I ~ 1)( T ~ 6 ~/' / ,c) #'IJ!O"i' ~~ ~ t q{i'''P ~qpo'fJ'I:' Y,!) / ~'" I ":;:'~-:';:l~r~,.er \~,,-9 II ( / ot ~ <.8 /1/ / f I f1.t()l?O?~t7 ~~ I r.- ~ '[-I' ~. ___ I' N I ~ I," jtthIot-t\ut,-. ?,ii'.~ Y' \ r qJYl" 1 OIZ-~ f\I \ " -J) ,..II _ff \ O. cfJ~q.::J_ I 0 +-~qy"\' , ,V' ~ ~ ~ ~ 15,0 I, 1'1 I rrJY\' #. ~ ~'fJ' I .f~~;' 101 ~ ..tV; / IS I Or<AIII//?,c t:$~t1011~i. I~"- Established In 1 962 REYISE~ EXHIBIT A II lOT SURVEYS COMPANY, INC. LAND SU:RVEYORS REGISTERED' UNDER THE LAWS OF STATE OF MINNESOTA "ADI 73rd Avenue Norlh 612-660-3093 Fax No. 600-3622 1IlnnnpoUI. Illnnelolll 116428 ~ltru l"Y ors Q!l"rtifintfl" MICIIAEL HAVES NOTE:Proposed elevations shown recommended hy builder. Property located in Section 23, Township 115. Range 22. Scott County, Minnesota ... J qJl'" ~W. . K 'tip, I I .SJ ~ t I JS::) I 14r1t.JrY 1 \ t "\ _<ifJO' / / vt\""" .-/ ",../7'\. /;:?\/I'" // -' ,/ ,/ INVOICE-.ND. 536.,2 F.8.NO. 838-07 ,08 1 SCALE: 1" = 30' l' o Denotes Iron Momment LO'i" P. ~A : 3 4-b'Z.E? ~.?J._ t:'.1~ A.:::ft-G"" J'e""'; : !fL."''' kf', 0 N "F JZ.<>J.. " c V Ii rz- CULV9f!'-'f . e.e3.? ,.. -,__ ~.~- @:nr,., .,,"- ,- - U \, I '.J I., '111\ c::; C::, \' '''.:J 11- - "-~:! !!))! I]: !' ! II : r,\ 1\ OCT 2 1999 ': U~L 9 , II ff))~~ ~~~ Lot 13, Block 2, TITUS 2ND ADDITION ./ ... The only eosements shown ore from plots of record or inlormution provided uy client. .;- We hereby certify 'hol thi!'! is 0 true nnd corred represcnlotlon of o survey of Ihe boundorle9 of tho above described land alld 'he locntion of all buildings and visihln encroochments, It any. from or on Ruid lund. 1 Q1 / ~Hct CW- .....- 5I1rVOYII<I lIy us IlIis-5LtLduy or Julv 19~ ""';.'f-:O ~ \ ',\,,~ ClifT I.. r. ^nd...nn. Mlnn, Rog. No.2175J or Gregnry fl. Prn.cn. tJlnn n.g No. 2~992 .------ .c . . " ~. ,... .. . . Doc. No. A 484957 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 09-26-2000 at 02:45 Receipt: 51826 Project # Pat Boeckman, County Recorder 01 by J?~, Deputy Fee: $29.50 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) Attn: Steve. H~\1 x 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 ofthe original. RESOLUTION #99-25PC CASE FILE #99-086 on file in the office of the City Planner, City of Prior Lake. Dated this 22 day of December, 1999. '. 'C/"':"" :) :.: ILl".., ................ r '~1 o ..;~~O ",: o ...",\\,,~, '-,,_, -' >. ,..~:;-....:;-'-_<ji ." J 0 . ~ -0 ' ;{9tyoS~1) :::fJ; ~i:' ~. ..,', : --..-: 1...' :::.;.. 0 . /i')"'...~.-f) " ~ ;' ~i ~'l:'~(\' ,,' 1:\99files\99var\99-080\truecopycdoc RESOLUTION 99-25PC A RESOLUTION DENYING A 2.7 FOOT VARIANCE TO PERMIT THE LOWEST FLOOR ELEVATION TO BE .3 FEET INSTEAD OF THE REQUIRED 3 FEET ABOVE THE ORDINARY HIGH WATER LEVEL OF A TRIBUTARY STREAM BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark L. Leisener has applied for variances from the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-S (Rural Subdivision Residential) District and the SD (Shoreland Overlay) 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 variances as contained in Case #99-086 and held hearings thereon on November 22, 1999, and December 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, the proposed variance will 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 legal alternative exists to build a structure that conforms to the Shoreland District regulations requiring a minimum lowest floor elevation of three feet above the ordinary high-water level. The applicant has control over the house design and shape, such that the hardship created has been created by the applicant. Reasonable use of the property exists with a revised building plan. I:\99files\99var\99-086\denyres.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 no justifiable hardship caused by the required lowest floor elevation as reasonable use of the property exists without the granting of the variance. 7. The granting of the variance, as originally requested, is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship. The factors above allow for an alternative structure to be permitted without a variance. 8. The contents of Planning Case #99-086PC 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 denies the following variance for a future single family dwelling and attached garage (as shown in attached Exhibit A); 1. A 2.7 foot Variance to permit the lowest floor elevation .3 feet instead of the required 3 feet above the ordinary high-water level of a tributary stream. Adopted by the Board of Adjustment on December 13, l 99. ~ 1:\99files\99var\99-086\denyres.doc 2 II ~v;> ~j ~~u "'~ o Oonotoo Wood Hub Sol lor oxcovotlon only ,,000.0 Denote. Exl.UnO Elevation @ Oonolo. Propo..d Elovatlon ___ Oenoloo Surfoco Oralnago NOTE: Proposed orade. or. oub Joct 10 rooullo of .011 toots. Propo.ed building In/ormallon mu.t b. chocked wllh approved building plan and dovelopment or grodl"" pia'! b./oro oxcovollon and constructlon. Proper~y is located in Zone X per e;11.~ Pro o.ed Top of BlOCk Communlty Panel No. 270432 0002 C~II 4 p Da1;ed November 19, 1997. ~ Propoood vorOQe Floor "50:;, .1.-_Propo.ed Lowe.t Floor I~ \rE).le..U)~e"'~- v/ALioVT f"~O) )~---~ \ \ \ \ ElIlabllshed in 1062 LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED Uf. DER THE LAWS OF STATE OF MINNESOTA 7801 73rd A~onue orlb 812-580-3093 . .' Fax No. 580-3522 lUnne..poll.. IoIlnn.ool.. 55-'26 ~Ul'"U ~ynl'"S,....at~l'"tifirttt~ MICHAEL HAYES NOTE:Proposed elevations shown ;.., recommended by buil der . Property located in Section 23, Township lIS, Range 22, Scott County, Minnesota No flood ~levation available from City engineering or watershed dept. '1'~' JAvtt0o.N A.\tJ"," ( ~lu... ,,\v!'- J~.3~~ rtJD ~\L 1fAIl..) ~_Iv , J"'Y' "(. . ." Il:1 ' -:- -\ 10"2.,40 - - ~~ ; (1- /'O=-- ~ II I IL ~ : I I'> ; ; I------!: t Y l I~ .0> \- I'; /1 l> I:-~tfj',/ ~~ ..r -----.1.; ~~ I!;f" /' O-\;.o-il- -- -1- u_ 131~.. t~l?-O , qf'" ~'4VZWI Wj)~~~:~ 0;'" ~ " ~'fj\: e ~ ft2Oft%t:t7 r "1"'~ q/'':' ,c I I ~ E I 1.-1,11 1 vrz.:_-~\ ~~ F -...I> 0':- .~ l'\ i ,#. I 10 I ~;;;11Y / I I I ~\1fJ' / "/ /' / I O;<A/Io/A4c eA'Se?101r"'::/ IS ;L.. ',~':- / /' / INVOICE--NO, 53642 F.B.NO. 838-07 ,08 SCALE: 1" = 30' o Denotee Iron Nonurnenl T yp. 0 I Bulldlno fW... BAs€/IlEj.)r vJAl.-WJr ----=-:-:::-"0' .. 1-;::1 _-~,-------;::- ~ n ,I . ":-J i" .-:::: (~ \= II IJ I~.~ ".\ '; :.~ \::::..' 0= ~:-. 1\:. .! II ~'/\ \: ' \ \ OCI 2 9 1999 ,..;...._-- '-- EXHIBIT A ) I ~ so1.b' /' /" , . lot 13, Block 2, TITUS 2ND ADDITION / '" " /" " The only casements shown oro from plots or record or inforrnutlon provided by client. ... " We hereby certify thol lhis is 0 true and correct repre5entolion of Q surveyor the boundaries o( the oboye described land and the lo~ation of 011 buildin9s and visibl6 uncroochmenls, if uny, from or on ,saod land. ll1/ . ~..m rJiL- /' L/" Julv 19....E1 Charle. r. Anderson, Minn. Reg. No.2175J or Gregory R. Prooch, IoIlnn Reg No. 2~992 Surveyed by us lhis~duy (I( '10 i f f , I i I i 1'; 'k r i i \ \\\! WI --' "' RESOLUTION 99-021PC A RESOLUTION APPROVING A 52,496 SQUARE FOOT VARIANCE TO PERMIT A 34,628 SQUARE FOOT LOT AREA INSTEAD OF THE REQillRED MINIMUM AREA OF 2 ACRES (87,124 SQUARE FEET) REQillRED 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. . !:\99fi1es\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: \99fiJes\99var\99-067\rs9921 pc. doc 2 . MICHAEL IIAYES II Eslllbllshed In 1062 LOT SURVEYS CaMP ANY, INC. LAND SURVEYORS REGISTERED UlDER THE LAWS OF S,TATE OF MINNESOTA 71101 73rd Annue orlb . 1112-5110-3093 ru No. eIl0-31122 },Ilnne..polle. },Ilnneeol.. e5428 g,uru t y ors..C1ttrfifintir INVOICE--NO. 53642 F.B.NO. 838-07 ,08 SCALE: 1" = 30', , I ~ r I. I i i, . 't~ I I . '1(," o Oonot.. Iron Monumont o Denote. Wood Hub Set lor excavotlon only xOOO.O Denote. Exl.tlng El.vatlan @ Denote. Propo.ed Elevation _ Oonote. Sur lac. Dralnag. NOTE:Proposed elevations shown recommended by builder. NOTE: Propo.ed grades or. .ub f.ct to result. 01 0011 te.te. Pr"!>o.ed building Inlormatlon No flood 'elevation available from must be checked with approved City engineering or watershed dept. building plan and dev",,,!>,"ent or S ~d~~:~~~e excavation , Property is located 'in Zone X per ~ 11.'1 Pro ooed Top 01 Block COlllllUnity Panel No. 270432 0002 C~ P p d G FIo ' Oa1;ed Nov~mber 19, .1997 . ~ ropon oroge or ~_ Pr"!>osed Lowest Floor Type of Building fW- BA'D€ME).)r YJ.4,lJaJVr- Property located in Section 23, Township 115, Range 22, Scott County, Minnesota JAv~00N I..~ !\. ( f"tV<\'\1u... ^\V~ /.J"'" #. ~.l____ ~\L '1"f'AI L.) ~.,)< -Jfl' .,>' j #' ~U_ ,fJ~ I I \ io1.b 10 ;( , ~ -\ 10'2..40 - - . 0 ~. : ii' /i=<- : II I II ~ : I I") I . ; 1----:: t t + \i) H L I'; /.'\ X I, ~ .91 r 'qJfJ"J',./ ~~ ,..r -----.t ~"!J t::.f!l' I 9 ____0 . 0-\;.0-;-\----1- ---6\31&, 11:7.0 4Jf'0, _KJ'I<- ~t'fi\ ~ ",;~ 0.'" '!YO r / ~ ~ ftWr~~t7 ' IL ~}~O~ 1vrz.,~ q/1':4 II) I I -S::l ~ t I o~ ,~ :>\ f I' I 10 I ~,,-;;;.~ I Cl!<AINA4c / (S ~~I101r-:;:.i, /~_. , cijJU ~ ,/ .... ,/ << ,,/ .~VJ ,/ /'?/ ",' ./ ,,/ ,/ ,/' ,/' Lot 13, Block 2, TITUS 2ND ADDITION ,/ ,/' ,/' ,/' ./ , The only casements 3hown ore from plots 01 recurd or informotion provided by client. .; .... We hereby certify lhot this is a true and correct representation of o !u(vey 0' the boundode, of lhe obove described land alld the location of 011 buildings and visibltl uncrooctvnents. it any. from or on saic..l lond. Survey.d by ue U.js-9..tLduy 01 Julv 19~ \ ,.y--~,-/- \}'61('..1..O<.60 ~., \V~ALi.O\JT P'A'f!O) l---~ \ \ \ / EXHIBIT A L,?" .1/ ".., QRQ ;1 Oil- Cherte. f. Anderson. /.AIm. Reg. No.2175J or Gregory R. Prooch. /.AIm Reg No. 24992 ... ASSENT OF APPLICANT File #99-86PC As Approved by Resolution #99-26PC 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. 1 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:\99FILES\99V AR\99-086\ASNT26.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 " (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. ~H((/O rt TE ~ GNATURE OF APPLICANT ~~, 4525 Jackson Trail, Prior Lake, MN ADDRESS OF PROPERTY L:\99FILES\99V AR\99-086\ASNT26.DOC 2 I ~ ~' ASSENT OF APPLICANT File #99-86PC As Approved by Resolution #99-26PC 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:\99FILES\99V AR\99-086\ASNT26.DOC I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 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 ofthis 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. Sf I \ ~ DATE S;::~P~IC~T SIGNATURE F ~ 4525 Jackson Trail, Prior Lake, MN ADDRESS OF PROPERTY L:\99FILES\99V AR\99-086\ASNT26.DOC 2 ASSENT OF APPLICANT File #99-86PC As Approved by Resolution #99-25PC 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 ofthe 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. 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:\99FILES\99V AR\99-086\ASNT25.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 (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. 5/"(0'\ DATE SIGNATURE 0 ~ SIGNATURE 4525 Jackson Trail, Prior Lake, MN ADDRBSSOFPROPERTY L:\99FILES\99V AR\99-086\ASNT25.DOC 2 ASSENT OF APPLICANT File #99-86PC As Approved by Resolution #01-002PC 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. 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 01-002PC 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 01-002PC 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\99-086\ASNTOI-02.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. 5fll tOI DATE SIGNATURE OF APPLICANT Mark Liesener 4525 Jackson Trail, Prior Lake, MN ADDRESS OF PROPERTY L:\99FILES\99V AR\99-086\ASNTOI-02.DOC 2 STAFF REPORTS AND MINUTES AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 6A CONSIDER A 1 YEAR TIME EXTENSION TO THE APPROVED VARIANCE RESOLUTION 99-026PC, Case File #99-086 LOT 13, BLOCK 2, TITUS 2ND ADDITION STEVEN HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR YES -1L NO JANUARY 16, 2001 The Planning Department received a written request for a one year extension of an approved variance from Mark Liesener (Exhibit A Request). On December 13, 1999,the Planning Commission approved a variance to the structure setback requirement. This variance expired on December 13, 2000. The request to extend the variance was submitted on December 6,2000, after notification by this office of the impending expiration. Variance Resolution 99-026PC, originally adopted on December 13, 1999, approved a variance to the minimum structure setback for a single family dwelling (Exhibit B Resolution). The variance is described as follows: 1. A 70 foot variance to permit a 30 foot structure setback from the Ordinary High Water Mark (OHWM) elevation of a tributary stream rather than the required 100 foot [City Code Subsection 1104.301: (3) Setback Requirements: Tributary Rivers]. 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 December 13, 1999. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The applicant Mark Liesener has met two out of three 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. The request for a time extension must 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 applicant's request for a one year extension of time. The lot in question is a nonconforming lot of record. A variance is required before any construction will be allowed on the property. On October 9, 2000, The Planning Commission approved a request for a time extension of one year for Variance Resolution 99-021 PC. Resolution 00-014PC granted the applicant until September 27,2001, for commencing construction on the subject property or the variance will expire. Staff recommends a time extension for this Variance request coincide with the time extension granted on the previous request, on September 27,2001. If a building permit is not approved prior to September 27, 2001, this variance will also expire. 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:\99FI LES\99V AR\99-086\ExtRpt1.DOC Page 2 ACTION REQUIRED: A motion and second adopting Resolution 01-02PC approving the Extension Of Time for a period until September 27,2001, for Variance Resolution 99-26PC, a 70 foot variance to permit a 30 foot structure setback from the ordinary high water mark of a tributary river rather than the required 100 feet. L:\99FILES\99V AR\99-086\ExtRpt1.DOC Page 3 EXHIBIT A REQUEST December 6, 2000 City of Prior Lake Planning Commission 16200 Eagle Creek S.E. Prior Lake, MN 55372 RE: Extension of Time for Approved Variance Resolution:~.s for Lot 13, Block 2, Titus 2nd Addition. Dear Planning Commission: I am requesting a one year extension of the approved Variance Resolution's 99-025PC & 99-026PC for the above lot. The lot has been sold. The new buyer plans on building in the coming year, and would like the extension. Thank You. ~~ Rev. Mark L. Liesener ~ EXHIBIT B RESOLUTION RESOLUTION 99-026PC A RESOLUTION APPROVING A 70 FOOT VARIANCE TO PERMIT A 30 FOOT STRUCTURE SETBACK INSTEAD OF THE REQUIRED MINIMUM 100 FOOT STRUCTURE SETBACK FROM THE ORDINARY mGH WATER LEVEL OF A TRIBUTARY STREAM 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 located in the R-S (Rural Subdivision Residential Use) District and SD (Shoreland) 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 variances as contained in Case #99-086PC and held hearings thereon on December 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 allow for the minimum Structure setback requirements of 100 feet from the ordinary high water level of a tributary stream and does not provide for a legal building envelope for a residential dwelling. 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:\99fi1es\99var\99-086\appres.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 - - - --- -- -- - -- --- -- -- - - - - - r 6. There is justifiable hardship caused by the minimum structure setback to a tributary stream required today and the platted lot of record. 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. to. The contents of Planning Case #99-086PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for the proposed structure as shown in Exhibit A Revised: 1. A 70 foot Variance to permit a 30 foot structure setback instead of the required 100 foot Structure setback to the ordinary high water level of a tributary stream. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. All other City Codes and applicable agency regulations, including the Minnesota Pollution Control Agency standards for private well and septic systems shall be met. 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 arld 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 Decemb~ Anthony Stamson, Chair 1:\99files\99var\99-086\appres.doc 2 ....-..; -. ".':;k~:f;R:;::"]E Y I SED .,~.. '':'~)~'" - . . EXHIBIT A II Established In 1962 lOT SURVEYS COMPANY, INC. LAND SURVEYORS . , REGISTERED' UNDER THE LAWS OF STATE OF MINNESOTA N.OI 73rd A".nuo Norlh 1112-GllO-30D3 r"" No. 1100-31122 INVOICE -NO. 53642 F.B.NO. 838-07 ,08 ~ SCALE: 1" = 30' ',;.: . o O.not.. "'on UO_nt a Oonoto. Wood Hub Sot lor .xcovollon only xooo.n O.not.. Exl.lIno E1.votlon @ Oonot.. PrOPOOOd Elovollon --- Oonot.. Str/ac. Oro/nov. NOTE: Proposed orode. .... owj.et 10 ro.ulls 01 .0D tost.. Proposed buIIdlno ""ormallon must be chocked with approv.d bulkllnO pion _ developme"t or grodln9 1"0'1 before ..eovollon . , and eonatructlon. Property is 1 oca ted in Zone X per e, 1/ '1 ,. T COIIIIlUnity Panel No. 270432 0002 C~ ropOsed op 01 1lI0ck Da~ed NOVenber 19, 1997. E::t~ 5U.4 PrOpo.od Corooe Floor ~. .S' a ~3.1.._proPosfd Lowe.. Floor (;I ( ., ~,7 T~pe 01 9uhdlno fu.L B.%&fEur ~ /. W.I\'-Wr . ~~rj')" r,~. ,.(. \10'2..40- - . .--.j : ,p.' '" -",P II " ') i ~ #~.'~~ 0 -:s l l"!/ / I:> ,Ill l~ / :t /- I I If) .f J. / ~ I ;: t -( i ~ \f.; f " 'r- I'; I?; ""''-''''. ;,;~.- t \ 1 t I qJ!l'4 IV . \ 10' qf1" I r; ~o~ o..!~q .:J - ...... ":9 , I'/~ ~~@~. / / vfl~D V / 10 I ~ -01'/ ~1-Tlll7Y I tll<4/Iv'r/4c. t:A'St:non--:.:::./ IS I · t- ;.. MlnneapoU.. Jllnn..ola 1111429 ~uru t'y Df'S Cltt'rfifirnh 111 CllAR n^ YES 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~~OH lJ ( ~\u.. A\V"," _~1',D". --r' qf11' . I I ~\L ~\L) ~~ .jfJ. J ".lfS LC'l' ,A fZf!A ~ H'l.o"l.6 ~.~J._ t:':1~ A<:- po",.,. ,j'":I <~ . ~ .,. tJ'~: ll'l..E:\lA-r,"'N of ~AO ovfiF- l:UI."fiF-l" . &D3.? ~ -::: f.-~ r::> r " . .. . ,," I:..:: r ,.=:, I " \:' : -. i f i : ~ ~ ~-:: !.... :-:=1_2._<' ;1 ))' ::( ; \ :; (\! OCT 2 q I~ ;UUI 10>- .'If- Iffj)~ifj] 1ro~ViJ '" ....- /' ... ,/ ~.. VJ(\.-/ /' ,/ ..,.?\ ,/ .-/ .~/....' .-/ ./'" ~\ .-/ .-/ ...... .... ".., ...... Lot 13. Dlock 2. TITUS 2ND ^DDIT~ON ...... ....- ... The only easemenls shown ore from plots 01 record or in'ormu(ion provided by client. ; _ We hereby CerUfy thot Ihi,. is 0 Irue and correct representation of o survey o( the boundCV'les 01 Iho OOove described fond ond lhe Incnli"" 01 olI builuin9' OIlU vl.ible .lIernnel_nenl., 1/ any. 'rom or on Rnid I(H'd. ~JJM 10JL SurvnYftd hy 118 l"i5~duy or Julv 19....!J.9 eh...,.. r, And.r.nn. /.I'm. Roo. No.2175J nr Gr fttlnrv A D...__ _.. . .. _ .~.~O ~ I I t~bA EXHIBIT C ASSENT FORM ASSENT OF APPLICANT File #99-86PC As Approved by Resolution #99-26PC 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. 1108.414 Mter One Year. No Construction Reauired. 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 Ut>on 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:\99FILES\99V AR\99-Q86\ASNT26.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 (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 tenns 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. ~~/PO If TE ~~~P~cmr ~4r --<, SIGN TORE OF OWNER 4525 Jackson Trail, Prior Lake, MN ADDRESS OF PROPERTY L:\99FILES\99V AR\99-Q86\ASNT26.DOC 2 RESOLUTION 01-02PC A RESOLUTION APPROVING A TIME EXTENSION OF ONE YEAR TO DECEMBER 13, 2001, FOR VARIANCE RESOLUTION 99-026PC BE IT RESOL YED 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 #99-086, on January 16, 2001. 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 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. . 1:\99files\99var\99-086\rsO I-02.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER .-- ".~.. -.~.." ~.. "-. 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 unbuiIdable. 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 #99-086PC 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: I. An extension of time to September 27, 2001, for a 70 foot Variance to permit a structure setback of 30 from the ordinary high water mark of a tributary river rather than the required minimum 100 feet. 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 ofthe City Code, the variance time extension will be null and void if the necessary permits are not obtained for the proposed structure by September 27,2001. Adopted by the Board of Adjustment on January 16,2001. ATTEST: Thomas E. V onhof, Commission Chair Donald R. Rye, Planning Director . 1:\99fiIes\99var\99-086\rsO t-02.doc 2 ....- " 1 Lemke: · It speaks volumes that the neighbors are not present to object. Ifthey do not object, I will not object. St. Michael's say they have a master plan to expand. · To build a 4x4 foot requirement that does not need to be satisfied after the end of phase 2, maybe not the proper way to look at it from a planning standpoint, but inclined to let them build it. Atwood: · Sees no problem granting the variance. · The neighbors are not close. · It is not attractive as it stands now. The material will be Class I. · Trust that St. Michael's will go forward. · Agreeable to request. V onhof: · Most elementary schools sit on 20 to 25 acres, minimum. This is an extremely tight base. · Believed the hardship criteria had been met. · Suggest this condition be eliminated with any future phasing. MOTION BY STAMSON, SECOND BY ATWOOD, TO APPROVE THIS VARIANCE WITH THE ADDITIONAL CONDITION THAT ANY FUTURE ADDITION ELIMINATE THIS VARIANCE REQUIREMENT. Vote taken indicated ayes by Stamson, Atwood, V onhof, and Lemke. Nay by Criego. MOTION CARRIED. Kansier clarified the Motion by stating the Commissioners would like staffto prepare a Resolution to the Motion for the next meeting. 5. Old Business: 6. New Business: ~ A. Case File #99-686 Mark Liesener is requesting a one year extension of the approved Variance Resolutions 99-025PC and 99-026PC for the property identified as Lot 13, Block 2, Titus Second Addition. Zoning Administrator Steve Horsman presented the Planning Report dated January 16,2001, 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. On December 13, 1999, the Planning Commission approved a variance to the Structure setback requirement. This variance expired on December 13,2000. The request to extend the variance was submitted on December 6, 2000, after notification by this office of the impending expiration. Variance Resolution 99-026PC, originally adopted on December 13, 1999, approved a variance to the minimum Structure setback for a single family dwelling. The variance is described as follows: L:IOI fileslOlplancommlO IpcminuteslmnO I 160 I.doc 14 Planning Commission Meeting January 16,2001 \ A 70 foot variance to permit a 30 foot structure setback from the Ordinary High Water Mark (OHWM) elevation of a tributary stream rather than the required 100 foot [City Code Subsection 1104.301: (3) Setback Requirements: Tributary Rivers]. The Planning Staff reviewed the applicant's request for a one year extension of time. The lot in question is a nonconforming lot of record. A variance is required before any construction will be allowed on the property. On October 9, 2000, The Planning Commission approved a request for a time extension of one year for Variance Resolution 99-021PC. Resolution 00-014PC granted the applicant until September 27,2001, for commencing construction on the subject property or the variance will expire. Staff recommends a time extension for this variance request coincide with the time extension granted on the previous request, on September 27, 2001. If a building permit is not approved prior to September 27,2001, this variance will also expire. Comments from the Commissioners: Lemke: · Sounds reasonable. Atwood: · Questioned if the new owner (Daniel Pinkevich) had contacted the City. Horsman said he has not recently talked to him. Originally Pinkevich was planning to build in the spring, but does not know if that has changed. · September 27 is reasonable. Stamson, Criego and V onhof: · Concurred. MOTION BY CRIEGO, SECOND BY ATWOOD, RECOMMENDING EXTENSION OF THE VARIANCES TIEING THEM TO THE SEPTEMBER 27,2001 DATE. Vote taken indicated ayes by all. MOTION CARRIED. 7. Announcements and Correspondence: · Councilmember Jim Ericson has been appointed as liaison for the Planning Commission. · Commissioners should start thinking of workshop issues and get back to staff. · Criego suggested talking about the zoning implemented a few years ago from low- density to medium density. · The new Subdivision Ordinance will be coming up soon. · Criego suggested looking at the rezoning districts. L:\O I files\O I plancomm\O I pcminutes\mnO 1160 I.doc 15 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4B CONSIDER A 70 FOOT VARIANCE TO PERMIT A 30 FOOT STRUCTURE SETBACK INSTEAD OF THE REQUIRED 100 FOOT SETBACK TO THE ORDINARY HIGH WATER LEVEL OF A TRIBUTARY STREAM, AND CONTINUE THE PUBLIC HEARING FOR A VARIANCE TO THE LOWEST FLOOR ELEVATION Case File #99-086 LOT 13, BLOCK 2, TITUS 2ND ADDITION STEVEN HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR _X_ YES NO DECEMBER 13, 1999 The Planning Department received a variance application from Mark Leisener for the construction of a single family dwelling with attached garage (Exhibit A Survey). The applicant previously applied for a variance to lot area that was approved by the Planning Commission (Resolution 99-021 PC). The applicant applied for a Variance to permit the lowest floor level to be less than the required 3 feet above the ordinary high water level and the Planning Commission tabled this request at the public hearing held on November 22, 1999. The following Variances are being requested: 1. A 2.7 foot variance to permit the lowest floor elevation to be three tenths foot (.3) instead of the required three (3) feet above the ordinary high water level [Code Section 1104.308]. 2. A 70 foot Variance to permit a 30 foot structure setback instead of the required 100 foot setback from the ordinary high water level of a tributary stream [Code Section 1104.301 (3)]. DISCUSSION: The subject property, Lot 13, Block 2, Titus Second Addition, was platted 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER in 1974. The property is located within the R-S (Rural Subdivision Residential) and Shoreland (SO) Districts. An outlet channel from Prior Lake runs along the eastern property boundary. The area was not depicted on the City's Zoning Map as Shoreland District. This was discovered by staff during the building permit review process and was confirmed by the DNR as an unnamed tributary stream within the Shoreland District. In regards to the first Variance, the Prior Lake City Code Section for Shoreland Regulations, specifically 1104.308 (3): High Water Elevations: b. reads in part, For rivers and streams, by placing the lowest floor at least 3 feet above the ordinary high-water level. The Prior Lake Spring Lake Watershed District has suggested that the top of bank elevation of 802.9 feet is the ordinary high-water level for the tributary on this lot. Since no detailed hydrologic study has been completed for this area, city staff concurs with this assessment. The legal alternative to the floor elevation variance for the proposed structure is to place the lowest floor elevation at 805.9 feet. This can be achieved by either one of two methods. One, by building a two story structure with a main level slab on grade, or two, by raising the proposed elevation 2.7 feet and adding daylight windows in the lower level and grading to provide adequate drainage. Option 2 will raise the garage slab elevation to approximately 814.1 feet, and when compared with a curb elevation of 806.64 feet will create a driveway slope of approximately 9%, within the maximum 10% allowable slope. In addition, the building height of approximately 25 feet would not exceed the maximum 35 feet allowable. Prior to discovering this area was in the Shoreland District, members of the City's Building, Engineering and Planning Departments met with the applicant and builder to discuss their concern regarding the tributary and explain the required minimum 30 foot structure setback from the 100 year high water level of the stream, per Code Section 1006.406: Wetland or Detention Pond: in part, grading plan shall indicate a minimum setback of thirty feet (30) measured from the 100 year flood elevation of the wetland or detention pond to the building pad. Because a flood study has not been done in this area the Watershed District suggested the 100 year flood elevation to be one foot above the road's lowest elevation over the culvert of the channel. The road's elevation is 803.3 feet and the original required setback was to be 30 feet from the 804.3 foot elevation. In addition, the structure's lowest opening elevation was to be 3 feet above the estimated 100 year high water level. On October 6, 1999, the applicant submitted a revised survey depicting a 30 foot setback from the 803.3 foot elevation contour and not the 804.3 foot elevation as was requested by city staff (Exhibit A Revised Survey). L:\99FILES\99V AR\99-086\86V ARPT2.DOC Page 2 The subject lot was then discovered to be in the Shoreland District. This was explained to the applicant and builder in a second meeting with the building, engineering and planning staffs. Mr. Leisener did not appear receptive to the lowest floor elevation requirement because this affected the type of house plan he was proposing. Soon after this meeting the applicant phoned the building official and a third meeting was scheduled with the Building Official and Planning Director. At this meeting two alternative house plans that met the required lowest floor elevation were suggested to the applicant and addressed in a letter to the applicant from the City staff dated October 14, 1999. The applicant eventually applied for a variance to the Shoreland District requirements. Regarding the second Variance request, the applicable City Code Section is 1104.301 (3): Setback Requirements: Structure setback from the OHW elevation (feet) for tributary river is 100 feet. This requires a 70 foot setback variance to allow a 30 foot structure setback from the OHW level of the stream along the eastern lot line (Exhibit A). The building envelope for this lot averages 130 to 140 feet in width from lot line to the OHW level along the stream. When the required 100 foot structure and 10 foot side yard setbacks are applied the legal building envelope becomes 20 to 30 feet wide and is not enough area to support a residential structure with an individual septic treatment system that requires a minimum 75 feet setback to the stream. This creates an unbuildable lot without a setback variance to the OHW of the stream. The Acting City Engineer and Water Resources Coordinator have recommended the City should not grant a variance to the 3 foot separation in elevation due to recent flood problems that have occurred in the City (Exhibit C). In addition, the Prior Lake Spring Lake Watershed District has submitted a letter recommending that the 3 foot minimum lowest floor elevation above the OHW be maintained to protect the home owner's property and not jeopardize the long term management of the outlet channel. The DNR objects to the lower floor elevation variance because of the increased potential for the tributary to experience more water in the future. The DNR does not oppose the 30 foot setback variance request provided the site supports a compliant septic system. They also encourage a vegetation barrier between the creek and the proposed structure(see attached DNR comments). 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. L:\99FI LES\99V AR\99-086\86V ARPT2.DOC Page 3 1. As described in the staff report two alternative legal building options are available for a structure to be constructed on the subject property without the requested elevation variance. 2. This hardship standard applies because the water conditions and setback requirements make this an unbuildable lot without the requested setback variance. 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. 1. The minimum lowest floor elevation applies to all properties within the Shoreland District and is not peculiar to this property. 2. The need for an individual septic treatment system and required 75 foot setback combined with the 100 foot structure setback on a pre-existing platted lot of record that does not meet minimum area requirements today appears to be a hardship. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. 1. Options are available for a structure that's compliant with the lowest floor elevation code without disrupting the preservation and enjoyment of a substantial property right of the owner. 2. A setback variance is necessary for the lot to be buildable. 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. 1. The granting of the requested lowest floor variance may endanger the residents because of the potential for flooding above the ordinary high water level. 2. The setback variance does not appear to conflict with this hardship standard. 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably L:\99FILES\99V AR\99-086\86V ARPT2. DOC Page 4 diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. 1. The granting of the requested lowest floor variance may endanger the residents because of the potential for flooding above the ordinary high-water level. 2. The granting of the requested setback variance does not appear to conflict with this hardship standard. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. 1. The granting of the proposed elevation variance is contrary to the intent of this Ordinance and the Comprehensive Plan by placing the residents in a situation of danger and property loss from potential flooding. 2. The setback variance does not appear to conflict with this hardship standard as a legal alternative does not exist without the variance. 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. 1. The granting of the lowest floor elevation variance will serve as a convenience to the applicant and alleviate some difficulty for the development of the lot. 2. The setback variance is necessary to alleviate a demonstrable undue hardship for the development of the pre-existing lot of record. 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. 1. The application of the provisions of the lowest floor Ordinance is to minimize property damage and avoid loss of life do to potential flooding. 2. The hardship results from the application of this Ordinance 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. L:\99FI LES\99V AR\99-086\86V ARPT2.DOC Page 5 1. Depending on the design of the structure increased construction costs may be incurred in order to comply with the Ordinance without the requested elevation variance. 2. The setback variance meets this hardship criteria. RECOMMENDATION: 1. The staff recommends the Planning Commission deny the requested lowest floor elevation Variance on the grounds that all required criteria for approval have not been met and the request is contrary to the City Ordinance and Comprehensive Plan and a legal alternative exists to develop the vacant lot without the variance. 2. The staff recommends the Planning Commission approve the structure setback variance as all of the hardship standards are met and the pre-existing lot of record will not be buildable without a structure setback variance. ALTERNATIVES: 1. Approve the variances 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. ACTION REQUIRED: 1. Motion and second adopting Resolution 99-25PC denying a 2.7 foot variance to permit a lowest floor elevation to be .3 feet instead of the required 3 feet above the ordinary high water level of the unnamed tributary. 2. Motion and second adopting Resolution 99-26PC approving a 70 foot setback variance to permit a 30 foot structure setback instead of the minimum 100 foot structure setback to the ordinary high water level of the unnamed tributary. L:\99FILES\99V AR\99-086\86V ARPT2. DOC Page 6 RESOLUTION 99-25PC A RESOLUTION DENYING A 2.7 FOOT VARIANCE TO PERMIT THE LOWEST FLOOR ELEVATION TO BE .3 FEET INSTEAD OF THE REQUIRED 3 FEET ABOVE THE ORDINARY HIGH WATER LEVEL OF A TRIBUTARY STREAM BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mark L. Leisener has applied for variances from the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-S (Rural Subdivision Residential) District and the SD (Shoreland Overlay) 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 variances as contained in Case #99-086 and held hearings thereon on November 22, 1999, and December 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, the proposed variance will 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 legal alternative exists to build a structure that conforms to the Shoreland District regulations requiring a minimum lowest floor elevation of three feet above the ordinary high-water level. The applicant has control over the house design and shape, such that the hardship created has been created by the applicant. Reasonable use of the property exists with a revised building plan. 1:\99files\99var\99-086\denyres.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 no justifiable hardship caused by the required lowest floor elevation as reasonable use of the property exists without the granting ofthe variance. 7. The granting of the variance, as originally requested, is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship. The factors above allow for an alternative structure to be permitted without a variance. 8. The contents of Planning Case #99-086PC 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 denies the following variance for a future single family dwelling and attached garage (as shown in attached Exhibit A); 1. A 2.7 foot Variance to permit the lowest floor elevation .3 feet instead of the required 3 feet above the ordinary high-water level of a tributary stream. Adopted by the Board of Adjustment on December 13, 1999. Anthony Stamson, Chair ATTEST: Donald R. Rye, Planning Director 1: \99fi1es\99var\99-086\denyres.doc 2 RESOLUTION 99-026PC A RESOLUTION APPROVING A 70 FOOT VARIANCE TO PERMIT A 30 FOOT STRUCTURE SETBACK INSTEAD OF THE REQUIRED MINIMUM 100 FOOT STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER LEVEL OF A TRIBUTARY STREAM BE IT RESOLVED BY the Board of Adjustment ofthe 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 located in the R-S (Rural Subdivision Residential Use) District and SD (Shoreland) 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 variances as contained in Case #99-086PC and held hearings thereon on December 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 allow for the minimum structure setback requirements of 100 feet from the ordinary high water level of a tributary stream and does not provide for a legal building envelope for a residential dwelling. This situation creates an unbuildable lot and a hardship with respect for the preservation and enjoyment of a substantial property right ofthe owner. 1:\99fi1es\99var\99-086\appres.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 caused by the minimum structure setback to a tributary stream required today and the platted lot of record. 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 #99-086PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance for the proposed structure as shown in Exhibit A Revised: 1. A 70 foot Variance to permit a 30 foot structure setback instead of the required 100 foot structure setback to the ordinary high water level of a tributary stream. The following are conditions which must be adhered to prior to the issuance of a building permit for the proposed structure: 1. A revised certificate of survey depicting the 30 foot structure setback to the ordinary high water level of 802.9 for the tributary stream. 2. All other City Codes and applicable agency regulations, including the Minnesota Pollution Control Agency standards for private well and septic systems shall be met. 3. 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 December 13, 1999. Anthony Stamson, Chair ATTEST: Donald R. Rye, Planning Director 1: \99fi1es\99var\99-086\appres.doc 2 4510 Jackson Lot 13 60 0 60 120 Feet I ~ N Efllabllahed in llHl2 LOT SURVEYS CaMP ANY, INC. LAND SURVEYORS REGISTERED Ul,DER THE LAWS OF STATE OF MINNESOTA 7601 73rd AYonuo orlh 612-660-3093 Fax No. 660-3622 )'(Inne..poll.. I./lonoool.. 66~2B ~Ur-\t t y .or-S'c"ort r-t i f irtt t t ; J r.~ · I[ I 1\ ~ : j I) : I~I,:" ,~~ :c TI ~ I ';'1 XI, ~#1'// ~of@ ,J _____~~; /' O-\i;,o-i1- -- -1- - --X~I&,.,'" . ,t;-." \ ~. .6rVZW1 ~~': ~ \d vP . U>~,. oi./ :/:;1'\ . ~ fj:Zort%t:~ l ~ fU'~ / I_I,U 1vrz.~ ~" r , v-o.- o..!~q..L ~_ 4t.lIO , if~ I 10 I ~;;;;:ITY' I OfQl/tI//4t:. / I I I MICHAEL HAYES II Property located in Section 23, Township 115, Range 22, Scott County, Minnesota JAul[00N t..\V ~ ( f"t'O'l1\ \L.L.. ^ \v,)<. ".J''lD reP' Jd=~~=~= ...- qf".l <J .fJ~ .c I I ~ E I ,qJiO':-- ) I \ i171.b' / ./ ..-' ./ ..- ./ ./ ..- The only cosemcnt3 shown orc ffom plots of record or inforrnotion provided by client. .;- We hereby certify thot this is 0 true and correct represen\olion of c survey of the boundaries or the above described land and tile location of on buildings and visible uncroochmenls, it any, from or on .said land. Surveyed by us this~duy of Julv INVOICE.-NO. 53642 F.B.NO. 838-07 ,08 SCALE: 1" = 30' o Denotes Iron Monument o Donato. Wood Hub Sol for o.covollon only xOOO,O Oenoto. E.I.lln9 Elevation €V Oonoto. Propo.od Elovatlon ____ Denoles Surface Drolno98 NOTE:Proposed elevations shown recommended by builder. NOTE: Propo.od grade. aro oubJocl to results of soli ~esla. Propo.od bulldln9 Information No flood 'e 1 evati on avail ab 1 e from mu.t be chocked with opprovod Ci ty engi neeri n9 or watershed dept. building plan and development or . <1.~' " · ~~~dl~~n~:~o~:~~ro o.covotlon Proper~y is located' i n Zone X per f) 11.'1 Pro oBed To or 1lI0ok Communlty Panel No. 270432 0002 C~(I 4 p p 'Da1;ed November 19, ,1997 . ~ Propooed Oor0ge Floor , ~~ .1.-_ Propo.ed Lowoot Floor Typo of Bulldln9 nu. BAbEVlE~r VJ 1It.-lW\1 r iltA\L '\fA\L.) ,<.\J_\v . J1'!' ~~Pj')~ /,~. ---J ) )) 1IJ q;f1':' ~ -\ 1.9'2-.40 - - ~O , + I~ OCl 2. 9 1999 lYl'SeI101r-;::.::! Ie; /<:... \~~ If E"'t,u:><:cJ?~- v/ALioVT f"Mo) l -----~ \ \ \ , ,,/ / / EXHIBIT A Lot 13, Block 2, TITUS 2ND ADDITION Lr ,,~.0QJ21 OiL 19-E/ Charloo r. Andor.on. I.Ilnn. R09, No.21753 or Gregory R. Prosch. tJlnn Reg No. 2~992 i f , I '1&~ I. I I I' i I I , I; " \ \ l '\ t I \ I' LL}) -, REYISED EXHIBIT A I;r ~}'}/Jqff'~ ~~~~ ~.. . ~ vp. Established In 1962 LOT SURVEYS COMPANY, INC. . LAND S~~VEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA N~OI 73rd Avenue North 612-660-3093 Fax No. 500-3522 Nlnneapolla. Mlnneaola 56(26 g,ut"\leynrs <aet"tifiratr MICIIAEL IIAVES 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. JAu~00H ( (t:t?ft\ \ LA..- f.. \tJ.-J< ^-\\I","- qf' ~w~L_.__i" --'~~-~~~r ~ J /.--- I : II I :~ ~ I I I~ I , ~ WI : I ~~ 1 ,~~ 1 I~ I ~~/ t ~ ,D TIT ~t,<ltl \- I ~~ 11~ ~ ~ri'0fJ It:$ 1:' 'f/ / / ,1:\ 'l}I- I ~~ ,./' ~\Y' l{)" tfJ~':l I I <(-\~.oTi~=~=I~l~_'=.:]t?'er \';0.9 f/'!,I qff'^ "\ v'P'p<' .wZYi' ~ I ( -i i T ~:Zo= ~~~~(y II /ll i; I ~" lbl4:~ rv \ '1)-" r 1 qfl' \ f .r /,q~~c~ ~;9 I I #,0 / tol ~~~ 4; 11) /... , -\ 1u'Z-.40 - - ~p q#1':D f------ .5'-,) /4TfU7Y I I I I I CJ!<.4/N//?,c / (5 e$et1otr-::::.1. (-..- fqJ1O~ /. ./ ..... /' . (\/ ./ /~VJ /' ........-/.....\'1"" /' ........................./ / ./' "" / /' /' INVOICE-NO. 53642 F.B.NO. 838-07 ,08' SCALE: 1" = 30' + o Donato. Iron Monumont o Donato. Wood Hub Sot for oxcovotlon only xOOo.o Donato. Exl.tlno Elovotlon ~ Donate. Propo.ed Elovotlon ------ Denole8 Surface DraInage Lc:rI A~A.: 3 4-k>'Z.e> ~.-?l-- OJ') A? lZ-!J'$> ,jon<: I<'L-E:V,A-f'/ON "r=: 1U'AO cverz- CULVt/1"--r _ eo?? I \ t r....--------~... --_. \ OCT 2 q ~ -I, . UI L._ rrn~~ ~~~ Lot 13, Block 2, TITUS 2NO ADDITION /' ..... ./ ,..... ..... TI16 only easements shown ore from plots of record or inrormulion provided by client. ..,..'- We hereby certify thot lhi9 is a true ond correct representation of o 9urvey of the boundorle9 of the above described lond and Ihe locotion of 011 buildings olld visibln tHlcroochrnents. if any, from or on suid lund. ~..~ 1 Ol2~ Survoy"d by liS Ihis_WLduy of July _19-E1 .~o ~ \ ~ \~'>> Clint I.. r, And.roon. Minn. Rog. No.2175J or Gregory R Prn.rh, "'100 nog No_ 21992 -' 10/05/1999 09:55 612-461-2336 GARY STABER PAGE 03 Eal.bU.hed In 11182 NVOICE -NO: 536&t F .B.NO. 838-07 ,08 SCALE: "f _ JO' '~: ' J LOT SURVEYS COMPANY. INC. LAND SURVEYORS RICIS'tJ:RIlD UNJ:lJ:Jl THE LAWS or ST"'TIl or MINNISO'U ""11 n.. "'''D''. IIo,lI. 'I~eeo.-aan r.. "... ___.. .UDD.....II.. ..ID.....l. D.... Itlzr",.YDl". UItl"tifit"uh o ~t.. hn _I o o-t.. ...... "- So, I.., _,.... IIllIl' 1IDfJO.(} D..\.. tlrIot.. Do..'.... e D_t.. I't_..d EJoo.U"" - o..t.. Slrl.. Dr...... JIIOT(: ........ ur-. .. ....Jwcl I. ,...... .. ... ,..,.. ...__ IlUIIdIIIa ..I._II.." .-t be __ 01'" ......_ ...-. ,.... .... ................ ... ...... ., ....Iar. ..___ , ... _trUDtIan.. PrapertJ is 1C1C11td 'fh Zone . ,.,. !>1I9 C-1l1t,J ,....1 lID. 27043Z 0002 C--:nr-!..--"'_od T.. ., - Dawd 1Ia--..r U, 1997. l2.!!!!....-- --..-- !O~.1.._Pr-;:;.t:' l.._l ,_ T~... 0' a.wno fUL ~,.. , / VJ~r ' tJ~ ~~. .. ..I " )) / I I I IUTE:',,"DS" .'.nUDfts 111_ rec_..... Ity ~t1lMr. 'UCHaE.1. HAYES ,rooerqo leu~ed in 5ecttDft 23. T-.nlhtp 115, _.nge lZ. SCott c-lJ. "t....'D... No flood .1...~tDn ...t,..,_ f~~ Chy etl/Jt....,.tn'!ll or waterlhed dtltl. 1: .j''' 1: ~Q ~ , .I' '.'_.,~ JAv~?oH ~ (~tu.. ... o A-I+~~I ~,,~ -\ w"Z..40 - - ,.~ LO'f' ~".. ~ H.1.& ,.Ef.. o:J~ ,i& ...~ Il.",-f: ItUIIJlono"J -F ~C1 ."..,.... t:tJL".~1" . 6- :t.~ 6.-/";:"V-A-n..-: ~ ~\o.c. .~ &04...::>0 ~~ l. 'L ~l:l.:!:.....~ ,..~' I \ I \ t )\ ) &, , '" , ,/ rr-"Je;. ~ ~~...,.{" I I \ ~' ". ".. .;' Lo~ 13. Block Z, TITUS 2110 ADDITJOII .;" ",," _ill12'1 aa.-- /" ... Tile ..., __I. ""'.... ... 1I.." ... .1 f_of or ""......11;1I. P''''''- by dl"'I. ... ... w. horotl, c.tlly I"'" lln Is " If.. ..... corrlKl .......'..11on ., . M....' 01 ."" _........,.. .1 ..... ea.. "-!bod .... III'" II.. :=1';:"01 III b\IIIol""'" _ ........ """'____,.. II "y. Ir_ 01 "" Sow..,... lor _ ..... lith ..,..1 Jy 1" 1...ll1 1'.\'" ~ ,. ...-....... ....... .... ",,".217!JJ Of' ........ .. ,.~ _ II., "". 24"2 r:::- 1 -":; ,~ L.S (~ \~"J r=: ~~ [I \0!/ r-' -.'. \~): .':. \ co \\ ~--.i~ , t j' ,I I j I' ,.; q ~ ,,' f ;~...../ ir l: .' OCT 2. 9 1999 .... I.. ' ,::;:; "':~:,",S" : ~;>'i^ .J.. ,:d,X '",r~ "r,I'''1i'1; ." . :-fti{:.- '. "~"fW' '~{" ; j1~ ",~" ,If J~ ~\*i t ..;;cy! --if.)!.!.' '_:~t~~U"" ':0~~j ~. 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'\' " ~ " / +":~ >> i'!i ~, )' . ~+~----i 'j, / / / / / " / / / / / / li -~ 90 I ~ ~ l!: 2:ll 8~: ~ ~ -111:.--" 0- 1:-..= Jl....,- __ , <{ 0-1 [ L ~~ VI 1'-.' --------t .VI '-.~ /1 / I / " I " l~:: r:.''. 1i~ I" " .t] -' I I I~ \~ I; I' ~ \; ~ i~ I !l 12 1 I I I I " .!!l ~ : I I I' I 1 I I I I I I I ---~---------------~ I l-l7'3\3 ZIX' (Z! / I I .,..: , ,!:) S ___.J Q 1 ":!: ;& ~ '" 1 i '\l ! I ~ ill \ I -i I, I ~ '" .r: i- ~ ;SO in ;SO , " I -------------,--~ -~\ ~\~"\\" . , " I \'.\.'\<'! oel 2~q 1999 '.\;\ Ii \;\\\ \ . \. \D~L-- ."-.\ s ~ r .J 10 .VI L-.9 .J . " W~ '111' ~); o ~ ~ . 3 '. I- III ---"-.-~----- ~!l -~ r- I I I S I I ~ I , I '" '\ I -------_..J.,. >- , ,~;~! ~~:~~l\M ~1~1 ;1~11~~~~j~ ""'T~'<"" ',' '" ,I;)..~, 'T"~ I :~mF;, '''i:;~.Ji'i \ .1 I I. ,.......... ,....-1 r ,..'" 1.1 ,.. I I ,.. ,.. ,.../' ,.. 2~ ~D .Jill IUjjj 8~ ~~ U! ~~ it it 1,../ ,.. ,.. ,.."g ,.. ~ .. i<I ~ '" ... ~ s ~ , i<I i~ ii. ~s~ ~i ~i \ 3~~ Itl UJ .... di -1~ ~ ~----- i' .i ~ ~ ls~ ~\ I I \ I I L I ,.. ),.. S ,..'" I ~ ,..'" I I "," I r",.'" I ,..'" ,.. !!l , 10 '" Q ~ ;,; .o.! J'.".!.; s / / / / / / / / / .---r-:'--'q r , '" , J . ~','i '-t! '~l . ,1: ".' .,'hti<'j;;\,; J,~ ,."...t . '.~11 ....';~<:. n.!_)}".t<(;;' ~~! All;;. ,..,f .' . :tli~' ';h~; ~:"':" oil ~ i; .(/l-.T'i .~ ~r. .9',,,.1 ~ ___t_._____ /~ -- 90--- S;Qfi.' G? XC !."i ;" \0' ~ ,', ~~r N,~.~.\"..l ...~* C' or' - 0' ,I ____.1t'~.:..J r . ~ ~.,.:: //: ~~l~j,~ ./':' i' ~ !:! ill t- -{[- r o "g o ~~ ','''''r .,~;.~JI... \ ~l~! ...~.. ~< 'n .J o '\- .~< '~.. '", "; ~. October 14, 1999 Pastor Mark Liesener 2829 Overlook Circle Bloomington, :tvfN 55438 RE: 4510 Jackson Trail N.E. Lot 13, Block 2 Titus and Addition Dear Pastor Liesener: This letter is to clarify the list of requirements for the above project. In our phone conversation of October 12, 1999, I understand that you are dissatisfied with the City staff's additional requirements imposed upon the project. It is my understanding that additional. information was required after City staffhad submitted an initial list of requirements. The City has been delegated the responsibility for implementing city and state shoreland requirements. In a subsequent conversation with the Minnesota Department of Natural Resources it was brought to staff's attention that this lot was in the shoreland district. This requirement was presented to you at a meeting you had with City staff on October 11, 1999 . We apologize to you for this omission. The following requirements are needed to continue the plan review process: 1. Proof of recording of Resolution 99-21PC approving a variance for the lot to be buildable. This document is to be recorded at Scott County. 2. The 19west floor elevation must be at a 805.9 feet elevation. The Prior Lake City Code Section 1104.308 (3) b. High Water Elevations: states in part, For rivers and streams, by placing the lowest floor at least 3 feet above the ordinary high-water level. Sue McDermott, Acting City Engineer, in conjunction with the Prior Lake Spring Lake Watershed District have established that the top of the bank elevation of 802.9 is the ordinary high-water level for this lot. In raising the proposed house to this elevation, adequate grading and drainage will need to be maintained. By elevating the house, the driveway and adjacent grades will be steeper. Daylight windows around the perimeter basement or retaining walls incorporated into the grading may be an option for establishing a landscape that is aesthetically pleasing. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNlTY' EMPLOYER i / I / The S}lbmitted information will be reviewed for code compliance. City staff foresees no further information will be required to be submitted. If you choose to redesign your project, the design will need to be reviewed for approval. I hope this clarifies the issues that have been raised. I and the staff want to work with you to reach a expeditious conclusion to these matters. If you have any questions, please call me at 612-447-9851. '^, Sinc~erelY' ~.~' ! " _..... Sincerely;/,, ~ U~J)r Robert D. Hutchins Don Rye Building Official Planning Director cc: Michael Hayes Homes Lani Leichty, Water Resource Coordinator Steve Horsman, Zoning Administrator Paul Baumgartner, Plan Reviewer Sincerely. '- --j,p~-tt Sue McDermott Acting City Engineer EXHIBIT C I have reviewed the attached proposed Variance request 99-080PC for the following: Water City Code GradinQ Sewer X Storm Water SiQns . Zoninq Flood Plain County Road Access Parks Natural Features Leqallssues , Assessment Electric . Roads/Access Policv . . Seotic Svstem Gas Buildinq Code Erosion Control Other . Recommendation: ____ Approval X Denial _ Conditional Approval Comments: Per G=ty ('file. 5ed>/1 04.-30f3(3) h.J t1Je. IOuJest;-P/oor shtUl he 3{eetab~"t7.e OHWl. or -the.. aofJacent -rot b:J/1k. of -t-h~ chtV1l7eJt,.., fh,~ ca~. Wrfh 0.// Df Me.reC&1t fJoa:l,na 77Je. C.iijl' shoiAJJ not. e~ QJI1s,-Jer 3(M-b'~ A.vl2ritvtrL_.tDd.~3~S~o.rat;rM. ill e/p-ikl:hix\. Signed: ~~Tf- Date: //- 9~99 U!Q!9Q Please return. any comments by 11/15/99 ,to Steve Horsman City of Prior Lake 16000 Eagle CreekAvenue SE Prior Lake, MN 55372 Phone: (612) 447-9854 Fax: (612) 447-4245 I:\template\variance\referral.doc Page 2 November 15, 1999 Jane Kansier DRC Coordinator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 RE: City of Prior Lake DRC Review Checklist (Variance 99-086PC) Dear Jane, The Prior Lake-Spring Lake Watershed District staff has reviewed the proposed variance for the construction of a future single family dwelling on the property adjacent to both Jackson Trail and the Prior Lake Outlet Channel. It is the District's position that this Variance should not be approved. The lowest floor should be at least 3 feet above the ordinary high-water level. Anything below that would jeopardize both the home owner's property and the long-term management of the outlet channel. If you have any questions or comments, please feel free to contact me @ 447 4166. SENT BY: DNR METRO; 11-17-99 11:14AM; 6127727573 => 6124474245; #1/1 Minnesota Department of Natural Resource.s DNR Waters, 1200 WlItIJI:r Road, St. Paul, MN SSl06 Telephone: (651) 772-7910 Fax: (651) 772-7977 November 17, 1999 Mr. Steve Horsman City of Prior ~ 16200 Eagle Creek Avenue S.H. 'Prior L~, Minnesola '~nn-1714 RE: Variance Hearings, I ~43 2 .IUd Oaks Road (Malvin Mi~h, Sr.) and 451 () Jackson Trail NE (Mark: Leisner) Dear Mr. Horsman: I am in receipt of the materials you forwarded regarding Ihe public hearing IiChedulcd for Monday, No\'embcc 22, 1x:fon: the Prior T .ake Planning Commission,. 10 consider two varianc:cs wilhin shore land atCU. Please provide the following DNR comments to the Planning Commi55ioll for consideration at the: upcoming hearing. 15432 Red O.kI Road. Manin Mi.....h, Sr. I've l~ sevenal diaalSSioDl with tbeapplicanr over the past couple of years regarding the redevelopmenl ollhisproperty. T am pleased the proposed home location attempts to maximize the selback from the bluff, and encourage &be city to favorably consider the stJ=t ~lback variance requested. I would recommend the 6.S foot by ~. 7 foot existing shed located on the bluff be removed. If existing ~ and/or other elrilting improvements arc tllmaved (like concrete pads and sl.q)S. wood steps. waJls, Cle.) site restoration and proper et'Oli1ion c:cU\trol will be important features to be addressed in a building permit. Any work proposad at or below elevation 904', including the mainr.enam:c. repair, or n;:plliKlement of the rewui.ng wall, requires DNR nwicw. and possibly a permit. 4.510 JaduolI Trail N.E.. Mark Leilener The materials I reviewed provided no rationale or explanation ofhardship for why the property cannot meet l.hc low floor elevation requiremen1. DNR is not supportive of a "arianee from the low floor requirement. The subject watercourse, which is aJlO part of the Prior Lake ouLlel system, i5 most liGly going to experience more water being convcycx1 in Ilu~ future. I had trouble reading 1he contour. off or the plan, but it appcar5 the plOJ>>sed low floor elevation af803.2' is 0.1 foot below the top of mad elevation, and leu than om: fOOl above the ordinal)' high water mark (top of channel bank). I rec:ommcnd. the variance as proposed be denied, and the low floor II1CCl lhe n::quircmcnu of the ordiftalKe. The applicant has the gplion of provicUng the texhnical data which identifies die calL."UlKk:d IOO-year flood elevatioD, one foot above which the: low floor could be se1. Until sw;h time that data become available, I.nnd no juatific:auon for variance. Please call me at 6S 1-772-7917 uyou have any questions. q:~~ ---~'?- Palrick J. Lynch lIT DNR Area Hydrologist DNK Inrllrlllalioll: M 1 296..6157 . IXXX.646.6:167 . TTY: M 1.:24)(,.:;.:/.H4 . I Xf)().fi.'i7 .':ll,l.!9 All Equal Opp....l.ullirl' ElIIl,I<)ycl WIlli V:llu~, lliv~.rsiIY o Prillwll orl Rocyt:lotl PUr.lO' Cl'"luh,jIlY u Minimum 01 IO':.~, l'csl.COIISUlIICI W:!:;lo / OCT 2 9 /999 .1 Planning Case File No. Property Identification No. City of Prior Lake I LAND USE APPLICATION QQ-Of6 rn@@O~[~;r I '; ~~/ i 16200 Eagle Creek Avenue S:E. /IPrior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: Brief description of proposed project (attach additional o Rezoning, from (present zoning) to (proposed zoning) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision o Conditional Use Permit o Variance o Other: Applicable Ordinance Section(s): ~::~:~t("k~.~, ~ .~dt. N'f:/ Home Phone: ~ fJ'Jf Work Phone: r76(t)~ /prfrf- !J475-- Property Owner(s) [If different from Applicants]: S A ME Address: Home Phone: Work Phone: Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement Legal Description of Property (Attach a copy ifthere is not enough space on this sheet): To the best of my knowledge the information provided in this 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. ~~ Applicant's Signature t:Jh~~ ~ Fee Owner's Signature Ittl( ~fj 1r Date /,0,1;' f/ Y /" Date . THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date November 8, 1999 I. r-- r-::] (<c"@ 0 ~i7' r'~.'::,l 11:" ~".- "':] ~V I~" 1'\ i i '"'\ I ~:.:: '7 c:, l.:e." ! i " : : i i 1 I r _u, '. '1' I ' i i ! Ii ! 'j , J i :. !,. :,'?\ 'I. NOV' 2 1999 : IlWL i I: " ! \ I I! ;':, i I ! i \ \i j iU UL Steven Horsman 16200 Eagle Creek Avenue S.B. Prior Lake, MN 55372-1714 Dear Mr. Horsman: This letter is to inform you that I have agreed to change the variance request from 802.9 to 803.2 for the basement. In addition I believe the Variance should be granted based on the following criteria for granting Variances. 1. The shore land requirements placed on this property because of the water conditions result in the lowest floor being very near the surface ofthe land. These requirements make it impossible to build a usable home for my wife who has severe arthritic conditions. 2. The conditions dictated by the shore land regulations are uniquely peculiar to this property. So much so that after 2 months of trying to determine the high water marks the city staffwas not aware of these peculiar conditions. 3. Ifthe Variance is not granted the home cannot be used by my wife. 4. The granting of the Variance will not impair adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. 5. Ifthe Variance is not granted and the is house built in agreement with the Shore Land regulations, the new home would have a reasonable impact on the character and development of the neighborhood since it would be substantially higher than existing homes and would demand removal of many trees from the Lot in order to provide backfilling of the basement walls. The granting ofthe Variance would allow the new home to blend in with the existing homes. 6. The granting of the proposed Variance will not be contrary to the intent of this Code and Comprehensive Plan since in a meeting with City Officials in the middle of September I was assured by all present that the proposed level of the basement floor would meet the city Code and Comprehensive Plan and that there would be no additional requirements. 7. The application for a building permit was made early in August 1999. I had been assured prior to this and after the application was made that a Building Permit would be granted at the proposed basement level. Based on these promises a home was put up for sale, mortgage rates locked in, and a home redesigned. Considerable time, effort and money were expended based on promises made by people representing the City of Prior Lake. _U _ _'_ _ ____ _ ___ __ _ __ _ ___ __ _... "__ 8. The hardship results :from city officials at an extremely late date finding that the Shoreland Regulations effected this property. Had this information been given to me in early June I would not have bought the lot. But this information did not become available until the early part of October. I would also request the refund of my $150.00 paid when this second Variance became necessary. Had this Shoreland Regulations requirements been given to me by City Representatives, I would have combined this Variance with the earlier Variance. ~~ L-//~ ~ _ ~:;~1P'e:s~ (. Planni:gConmUssion Mee::)'n~.' "-.~cember 13, 1999 '"-----.--- - ----~---- Commissioner Stamson announced (6. New Business B.) Case File #99-095 William and Margaret Righeimer and James and Nancy Samec's request will been continued. 5. Old Business: A. Case File 99-080 MarviD Mirsch ResolutioD. Zoning Administrator Steve Horsman presented the Planning Report dated December 13, 1999, on file in the office of the City Planner. On November 22, 1999, the Planning Commission held a public hearing regarding this property. After reviewing the proposal with respect to the hardship criteria, the Planning Commission directed staff to draft a Resolution approving a variance to the front yard setback. MOTION BY CRIEGO, SECOND BY KUYKENDALL, TO APPROVE RESOLUTION 99-024PC APPROVING A 5.4 FOOT VARIANCE TO PERMIT A 19.6 FOOT FRONT YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT FRONT YARD SETBACK. Vote taken indicated ayes by all. MOTION CARRIED. ~ B. Case File 99-86 (Continued) Mark Liesener, is requesting a variance to place the lowest Ooor at an elevation lower than the minimum required lowest Ooor elevation of 3 feet above the ordinary high water level and a variance to permit a structure setback less than the required 100 foot minimum setback from the ordinary-high-water (OHL) level for the property located at 4510 Jackson Trail. Zoning Administrator Steve Horsman presented the Planning Report dated December 13, 1999, on file in the office of the City Planner. The Planning Department received a variance application from Mark Liesener for the construction of a single family dwelling with attached garage. The applicant previously applied for a variance to lot area that was approved by the Planning Commission. The applicant applied for a Variance to permit the lowest floor level to be less than the required 3 feet above the ordinary high water level and the Planning Commission tabled this request at the public hearing held on November 22, 1999. The following variances are being requested: 1. A 2.7 foot variance to permit the lowest floor elevation to be three tenths foot (.3) instead of the required three (3) feet above the ordinary high water level. 2. A 70 foot Variance to permit a 30 foot structure setback instead of the required 100 foot setback from the ordinary high water level of a tributary stream. L:\99FILES\99PLCOMM\PCMIN\MN121399.DOC 6 Planning Conunission Meeting December 13,1999 The Acting City Engineer, City Water Resources Coordinator, Prior Lake/Spring Lake Watershed District and the Department of Natural Resources recommend denial of the 3 foot separation in elevation. The staff recommended denial of the requested lowest floor elevation variance on the grounds that all required criteria for approval had not been met. The request is contrary to the City Ordinance and Comprehensive Plan and a legal alternative exists to develop the vacant lot without the variance. Staff recommended approval of the structure setback variance as all of the hardship standards are met and the pre-existing lot of record will not be buildable without a structure setback variance. Criego requested clarification on the elevation. Horsman and Kansier responded there are no studies and the elevation may be higher than the 802.9. Comments from the public: Applicant Mark Liesener said the 803.3 was a point actually agreed upon by City staff. All agreed that 803.3 was a reasonable height for the lowest floor. From the day the plan was submitted there was considerable discussion on the high water mark. He finds it difficult to accept the floor level is dangerous. It was not an issue in September. After the variance was granted, it was discovered the property is in the Shoreland District. His attorney has a fax from the City stating he would be able to get a building permit. At no time did the City mention any variances. He does not agree with the suggestions of redesigning the home. He can't get an answer from the City on how to redesign. Now a 100 foot setback is required. Liesener said he is critical of staff and would like a "sorry" from the City. Comments from the Commissioners: Stamson: · Concurred with staff in opposing the request for floor elevation. · Outlined objections at the previous meeting. · This is a very serious variance. The home does not meet the criteria. It creates a definite danger to the current resident and future resident. . There are alternatives. · Agreed to the 30 foot setback. The DNR has no objection. Kuykendall: . Apologized to applicant, but it does not change the rationale criteria for the variance. . Supports staff's recommendation. · Did go out to the site. Could see the flood area - it is obvious the water comes down at a very terrific speed. · Cannot in good conscience give a variance for the floor level. Applicant will have to redesign the home. L:\99FILES\99PLCOMM\PCMIN\MNI21399.DOC 7 Planning Conumssion Meeting December 13. 1999 . Applicant had to know when he bought the lot there was a creek bed. . Prior Lake is unique. We have to stay with the criteria. . Supports the side yard setback from the creek. Criego: . Agreed with Kuykendall and apologized for the process. . Went to the site. . The Commission would cause applicant additional disservice to allow this variance in the flood plain. There are alternatives. . Agreed with the setback variance to the creek. . Suggest in the Motion mention the 803 elevation instead of the O-H-W. Kuykendall: . Lives on the lake and has knowledge of his neighbor's flooding problems. . Concerned for future generations. . Empathetic to applicant. Stamson: Markley Lake is a good example of homes being built where the homeowners never dreamed they would end up with flooding problems. MOTION BY KUYKENDALL, SECOND BY CRlEGO, TO APPROVE RESOLUTION 99-25PC DENYING A 2.7 FOOT VARIANCE TO PERMIT THE LOWEST FLOOR ELEVATION TO BE .3 FEET INSTEAD OF THE REQUIRED 3 FEET ABOVE THE ORDINARY HIGH WATER LEVEL OF A TRIBUTARY STREAM. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY KUYKENDALL, SECOND BY CRlEGO, TO APPROVE RESOLUTION 99-26PC APPROVING A 70 FOOT VARIANCE TO PERMIT A 30 FOOT STRUCTURE SETBACK INSTEAD OF THE REQUIRED MINIMUM 100 FOOT STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER LEVEL OF A TRIBUTARY STREAM AS SHOWN ON THE SURVEY ATTACHED TO THE RESOLUTION AS EXHIBIT A. Vote taken indicated ayes by all. MOTION CARRIED. Stamson explained the appeal process before the City Council. Liesener stated he would not appeal and asked if there are any other requirements if he came in with another plan. Horsman said he had to see a survey and a plan before he could make any comments. Kansier said according to the survey submitted by Liesener the zoning issues are covered unless he changes the survey. Building Code issues are separate. The Engineering Department has reviewed for grading. L:\99FILES\99PLCOMM\PCMIN\MN121399.DOC 8 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4B CONSIDER A 2.7 FOOT VARIANCE TO PERMIT THE LOWEST FLOOR ELEVATION .3 FEET INSTEAD OF THE REQUIRED 3 FEET ABOVE THE ORDINARY HIGH WATER LEVEL, Case File #99-086 LOT 13, BLOCK 2, TITUS 2ND ADDITION STEVEN HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR _X_ YES NO NOVEMBER 22, 1999 The Planning Department received a variance application from Mark Leisener for the construction of a single family dwelling with attached garage (Exhibit A Survey). The applicant previously applied for a variance to lot area that was approved by the Planning Commission (Resolution 99-021 PC). The following variance is being requested: 1. A 2.7 foot variance to permit the lowest floor elevation to be three tenths foot (.3) instead of the required three (3) feet above the ordinary high water level [Code Section 1104.308]. DISCUSSION: The subject property, Lot 13, Block 2, Titus Second Addition, was platted in 1974. The property is located within the R-S (Rural Subdivision Residential) and Shoreland (SD) Districts. An outlet channel from Pike Lake runs along the eastern property boundary. The area was not depicted on the City's Zoning Map as Shoreland District. This was discovered by staff during the building permit review process and was confirmed by the DNR as an unnamed tributary within the Shoreland District. The proposed structure has a ground floor area of 2,477 square feet plus an attached 2.5 car garage of 527 square feet The attached floor plan (Exhibit B) 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER - - - - - - - .---- --.---- -- includes two bedrooms, 2.5 baths, kitchen/dining room, garden court, great room, entry and computer room on the main level. The lower level is partially finished with a pool room, wet bar, TV room, office, toy room and guest bedroom and bath, and an unfinished mechanical/storage area and fruit cellar. In addition, the lower level has a egress stairwell area to the side yard. The Prior Lake City Code Section for Shoreland Regulations, specifically 1104.308 (3): High Water Elevations: b. reads in part, For rivers and streams, by placing the lowest floor at least 3 feet above the ordinary high-water level. Sue McDermott, Acting City Engineer, in concurrence with the Prior Lake/Spring Lake Watershed District have established that the top of bank elevation of 802.9 feet is the ordinary high-water level for the tributary on this lot. The legal alternative to a variance for the proposed structure is to place the lowest floor elevation at 805.9 feet. This can be achieved by either one of two methods. One, by building a two story structure with a main level slab on grade, or two, by raising the proposed elevation 2.7 feet and adding daylight windows in the lower level and grading to provide adequate drainage. Option 2 will raise the garage slab elevation to approximately 814.1 feet, and when compared with a curb elevation of 806.64 feet will create a driveway slope of 8%, within the maximum 10% allowable slope. In addition, the building height of approximately 25 feet would not exceed the maximum 35 feet allowable. The proposed structure has a ground floor area of 2,477 square feet and an attached garage of 527 sq. ft. for a total area of 3,004 square feet. When combined with the driveway area of 1,404 sq. ft. the total impervious surface coverage area of 4,408 square feet is approximately 13% of the total lot area of 34,628 square feet. The Acting City Engineer and Water Resources Coordinator have determined, with the recent flooding, the City should not even consider granting a Variance to the 3 foot separation in elevation, as stated in the project review checklist (Exhibit C). The DNR objects to the lower floor elevation variance because of the increased potential for the tributary to experience more water in the future (see attached DNR comments dated November 17,1999). The property owner has submitted a letter describing his needs for the variance request (see attached letter dated November 8, 1999). 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 L:\99FI LES\99V AR\99-086\86V ARPT .DOC Page 2 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. As described in the staff report two alternative legal building options are available for a structure to be constructed on the subject property without the requested variance. 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 minimum lowest floor elevation applies to all properties within the Shoreland District and is not peculiar to this property. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. Options are available for a structure that's compliant with city code without disrupting 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 the requested variance may endanger the residents because of the potential for flooding above the ordinary high water level. 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 granting of the requested variance may endanger the residents because of the potential for flooding above the ordinary high-water level. 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 is contrary to the intent of this Ordinance and the Comprehensive Plan by placing the residents in a situation of danger and property loss from potential flooding. L:\99FI LES\99V AR\99-086\86V ARPT .DOC Page 3 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 will serve as a convenience to the applicant and alleviate some difficulty for the development of the lot. 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 application of the provisions of this Ordinance is to minimize property damage and avoid loss of life to potential flooding. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Depending on the design of the structure increased construction costs may be incurred in order to comply with the Ordinance without the requested Variance. RECOMMENDATION: The staff recommends the Planning Commission deny the requested Variance on the grounds that all required criteria for approval have not been met and the request is contrary to the City Ordinance and Comprehensive Plan and a legal alternative exists to develop the vacant lot without the Variance. Upon review for the requested variance staff determined a 2nd variance will be required regarding structure setback to the unnamed tributary (Code Sec. 1104.301 (3): Setback Requirements: Tributary Rivers - 100 Feet). This variance will be published for a public hearing on December 13, 1999. The additional variance has no bearing on this agenda item before the Planning Commission. ALTERNATIVES: 1. Approve the variances 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. L:\99FI LES\99V AR\99-086\86V ARPT .DOC Page 4 ACTION REQUIRED: Motion and second adopting Resolution 99-25PC denying a 2.7 foot variance to permit a lowest floor elevation to be .3 feet instead of the required 3 feet above the ordinary high water level. L:\99FI LES\99V AR\99-086\86V ARPT. DOC Page 5 SENT BY: DNR METRO; 12- 6-99 2:08PM; 6127727573 => 6124474245; #1/2 ; ....:i: t ~a9 .' qr:,-.... ,. ~.gl(m vr .} !.~. ~!~.--. .' ," to" \... ". ~ . 'I NOTICE OF HEARING TO ~ONSI.DKI( TI1J!. I'VLLV "HP"":':~';":, :,. -: ,-:;1 "",,~~~,,".' ..:-" '" Prlon. .. Phone , Flill' Fu .. A SETBACK v.,wANCE TO PERMlT _~ STRUCTURE 'ro BE LESS THA.~ THE REQUIRED 100 FOOT SETBACK FROM THE ORDINARY IIlGH W.-\.TER LEY~L OF :\ TRIBVTARY STREAM FOR THE CONSTRUCTION OF A FUTURE SINGLE fAl\lHL Y DWELLING ON PROPERTY LOCATED IN THE R~S (RURAL SUBDiVISION RESIDENTIAL) DISTRICT AND THE SD (SHOREY-AND OVERl..A Y) DISTRICT IDENTIFIED AS 4510 JACKSON TRAIL NE, PRIOR LAKE. :MN. You are hereby notified that the Prior Lake Plmming Commission will hold a public he::uing at Prior Lake Fire Srar.ion # l. located at 1(,776 Fish Point Road SE (Sollthwest of the intersection of C.R. 21 and Fish Point Road), on: l\'londay, December 13, at 6:30 p.m. or as soon thereafter as possible. APPl.ICANT : Mark L. Leisener 2829 Overlook Circle Bloomington, MN 55431 SlJBJECT SITE: 4510 Jac:kson Trail N.E.. Prior Lake, MN, legally described as Lot 13, Block 2, Tirus 2nd Addition. Scott County Minnesota RIJ:QUEST: The applicant is proposing to construct a single-family house with atta.ched garage on a vacant lot to be setback less than the required 100 foot setback from. the ordinary high water level of a tributary stream within the Shorela.nd Distri.ct. 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 berween 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. Oral or written comments s.tttlfd relate to how the proposed construction and. requesll:d variallces are or arc not consiste!rit with the above-listed criteria- Prepared this 22 day of No v embc::r 1999. 'Pr'a\i;U ~ -si.k. s,,~ p"$ cs... C6hAfh~ S~c- ~\5+c:--. ~ p~" ~ ft..a-. ll.'i ~ .flotfr etev.:k>..._ Cd~;/t~5 W,tt S}.g-~~ rqltt.A 1"/0 OI/6S,'/.ir.. Ir> 5e.:I6~ \f /1rl.a.w:e..... DNI2--- ttN\ t.(.:vf""Q.~ ~ Vt.~M-.e.J 1~ ~ !?e.~~ ~ c ru?-. ~ P"'op~ -s.tN c.....kr~,.. -Pl't'r-" L.y AJe/1 Steven Horsman City of Prior Lake J'.-(ai/ed on December /, 1999. . _L:\99F::JLES\99V~R\99-0~6\HeRNOrE2.DOC -.., .' 161.00 t:,<l~il(', c.nt.l~k Aw. S E., PT\ur Ldk.,. yhnnf!sot~ 5,:,..)72-1. .>,N SQt::\I. ; W!'CHfI'l!N1T'" I have reviewed the attached proposed request for the following: Water City Code Gradinq Sewer. Storm Water Siqns . Zoninq Flood Plain County Road Access Parks Natural Features Leqallssues Assessment Electric Roads/Access Policy . . .. Septic System . Gas Buildinq Code Erosion Control . Other . .. Recommendation: ~ Approval Denial X Conditional Approval Comments: Iypmve!:. . the-3D" w;a.,.c~ j ~.lVen -/:Jl<- /a-.;e'bCfhy)'{"" p-/~.h~ . ;-5 3' fee'tetb.ve t1.e DHtJL (9t)z.~'=70Pcf &r.hj a.-t tJ.. Pllh,mtunn-f70s:. 9~ S~ed: ~~-jf.. Please return any comments by 1217/99, to . Date: /'2-{} -~9 .. /2/ (p/99 Steve Horsman, Zoning Administrator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN55372 Phone: (612) 447-9854 Fax: (612) 447-4245 I:\drc\referral.doc Page 2 Q{o\l'3\ A~ ~\o'(\'3\ P-Q CO'(\U\>: ~ oe'(\\'3\ --- 'f',o'3\\o'(\" ~eco'(f\'(f\e co{'(\{'(\e'(\\S;' , ;'1 , S\~",,6', ~'l.I1~ \0 {{\e'C\\S '0':/ ~ '(\':/ Co'Cfi . \'I0"Se le\"'" e . ~\{\\s\S,,\<fi . l..o'C\\f\9 · ",,0(5~'" ' .... ~ s\e"e ! 'i'",01 V-v..e v.. ""......... S'e. C;\\':l 0 ~e Oee '\ 6000 €.'3g \'J\~ '5'5?J1~ A 'i'1\01 \..~v..~6 \ 'I.~ AA 1-~~6 ?no'(\e. ~6'\~~ AA1' r'3'j:. I a'L~ 'i'99J0 ~ ---------- - ------------- Page 1 '3\ dOC \.\d{C\{e,eft . l:\drc\ referral d " . Oc ------------ Subdivision Code the wetland or detention pond to the building pad or house location. 1006.407 Lot Remnants: All remnants of lots below minimum size remaining after subdivision of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. 1006.408 Butt Lots: Butt lots in residential districts shall be platted at least twenty percent (20%) wider that the minimum width for that district. 1006.500: EASEMENTS: 1006.501 Utilities: Easements at least ten feet (10') wide centered on rear and other lot lines shall be provided for utilities, where necessary. There shall be continuity from block to block. 1006.502 Width: Easements for storm sewer, sanitary sewer, or water shall be a minimum of twenty feet (20') in width. Additional width shall be provided when more than one utility is in the same easement. 1006.503 Drainage: Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a drainage and/or flood age easement conforming substantially with the lines of the watercourse or its flood plain and of such further width as shall be determined by the City Engineer. 1006.504 Pedestrian Walkway Easements: Pedestrian walkway easements shall be provided when deemed essential by the Director of Parks to provide drculation or access to parks, schools, playgrounds, shopping areas, transportation or other community facilities. Such easements shall be a minimum of ten feet (10") wide. (\ 1006.505 Planting and Viewing: The City Council may require planting or viewing where deemed appropriate. Such easements may have vehicular assess restrictions. 1006.600: NATURAL FEATURES: 1006.601 Wild Life Habitat and Water Recharge Areas: Marsh areas which are part of the proposed development shall be analyzed for purposes of preservation as potential wild life habitat for birds and animals as well as to continue providing water purification and recharge areas for the lake of Prior Lake. If the City Council determines that marsh areas serve the public in one or more of these functions then they may require preservation in whole or in part. Any alterations or disturbance shall comply with the requirements of the Wetland Conservation Act, and other legislation that may limit disturbance to wild life habitat and high water recharge areas. 1006.602 Filling of Draining: Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value, as permitted by the Wetland Conservation Act. City of Prior Lake 1006/p4 Ed/900 ~ 3'fIT1 J01-lJ 10 40 JO UOneA919 POOU Je9,{-OO ~ 9lD wOJj paJnSe9W (IOE) leaJ 4JllD JO ~ecn9S wnwlulw e 9le:>IPUI ne4s ueld 6UlPeJ6 UO!S!^lpqns 9lD 'st:llJlSIP 6UlUOZ lenU9PlS9J lie JO~ 'puod uonU9l9p JO puen9M 94l JO UO!leA919 POOU Je9,{-OO~ 94l JO 9PISl"0 'aoueu!I)JO 6u!uoZ 9)1Bl JOlJd 9lD ul P9YllU9Pl se 'Pl-IlSIP 6ulUOZ 94l JOJ lU9waJlnbaJ xIs lOI wnwlulw 9L1l JO (%OO~) luaoJad P9JPUn4 9UO aAe4 ne4s 'PlJlS!P 6UlUOZ lellU9p!S9J e UllDlM puod UO!lU9l9P JO puenaM e 6u!pnIOU! 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Puel 6UlJoq46!aU 94l SV 'puel 6ulJoq461au JaAO Sl99JlS Ol Uo!pauuoo aJnlnJ a4l JOJ apew aq ne4s Sleld 40ns Ul SUO!S!^OJd .f..tl~ 9lD ,{q palUeJ6 aq ,{ew lU!od ssaooe f..JeJodwal e 'saoueJlUa 6UllS!Xa Ol ssaooe OU Sl aJ94l 9Ja4M Sla9JlS lelJalJe uo lnqe le4l puel JO st:leJl JO 6u!ueld a4l ul 'speOJSsoJO P9L1S!lqBlS9 pue 6UIlSlX9 L16nOJlD pue 91!W e JO (g'O) SLllU9l-a^!J ue4l sS91l0U JO SleAJ9lU! le 9q lIe4s sIelJ9lJe Ol ssaooe '9SIMJaLllO alBlolP saouBlsWnOJp 9nblun sS91un 'slelJ9lJe apo:) UO!S!iI.!PqnS NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A SETBACK VARIANCE TO PERMIT A STRUCTURE TO BE LESS THAN THE REQUIRED 100 FOOT SETBACK FROM THE ORDINARY HIGH WATER LEVEL OF A TRIBUTARY STREAM FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-S (RURAL SUBDIVISION RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 4510 JACKSON TRAIL NE, PRIOR LAKE, MN. 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, December 13, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Mark L. Leisener 2829 Overlook Circle Bloomington, MN 55431 SUBJECT SITE: 4510 Jackson Trail N.E., Prior Lake, MN, legally described as Lot 13, Block 2, Titus 2nd Addition, Scott County Minnesota REQUEST: The applicant is proposing to construct a single-family house with attached garage on a vacant lot to be setback less than the required 100 foot setback from the ordinary high water level of a tributary stream within the Shoreland District. 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. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the above-listed criteria. Prepared this 22 day of November 1999. Steven Horsman City of Prior Lake Mailed on December 1, 1999. L:\99FILES\99V AR\99-086\HERNOTE2.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 SGALI:..: 1" = 30' LAND SURVEYORS REGISTERED UNDER TilE LAWS OF STATE OF MINNESOTA 7601 'l3rd,A"enue NQrlh 612-660...3093 Fax NQ. 660-3622 o Denotes Iron Monument NOTE: Proposed elevations shown recommended by builder. o l>enotee Wood Hub Set for eMcovotlon Qnly xOOO.O .benotesEMI.Ung ElevaUon @ /)enates Proposed Elevotlon _ Oenot,es Surface Drolnage NOTE:Propoeed grades are,subject to resulb af soU tesla. Propoud buUdlnlJ ,lntormoUoo must be checked with opproved building pion and development or grodlng plon before eMcovotlon olld construction. )llnne.pQII., )llnneeola 66428 iJUl"U' t\}Or s([1:trt lfiru tt I / I ~~ t Y + \~ I ilJ ><::r,("\~ r ~ ~",~9} ~. .,to'~,-/ ~JS' rtf' J!0.,po' "I 9,&;~ir ~:~-yt.- ~-~~'ei l~P-O 0.1&> qy- U- ~ ,/' ~" ~,rlorO<a, t::~ ~ ~ ~l?t.Mvt:.. I 'MICHAEL HAYES Property located in Section 23, Township 115. Range 22, Scot~ County, Minnesota /'1 .."-~~~ ~ "> J,A.be..90H All fA ( f'ti011'\ U...l.. ^ \11..)< 'J'-~ ' ,p' .~. ~.. c"'''.C.=~C- ---1 .- .-' I .~ rr ~ Ii -:s .C\ "L qf~ 4~',~t K' qJ1J' I / ~ f:" ~ I 1~- qfYJ':I ~ I (lM/N'A~ .~~ I No flood elevation available from City engineering or watershed dept. Proper!y is located in Zone X perf>H.'\ PropoaedTop C)f Ilk>ck COIIIilUnlty Panel No. 270432 0002 C f> II 4 Da1;ed Nov4lllber 19. 1997. ' . 'f'r-Opoeed GorogeF!O<lr f>o:>. }-_Propoaed Low..tFloor Type of BuUdlng fVu.- lM&t:~~r WAt-WVr ~\L ~\\...) "v ~ .~' ,( . A/? Ii)' --~\ 10'2.,.".., - ~O #~ \ ~-~_.- ~'v"- , \}ttJe..Lo<.eP .-\j ~VtAWW\)T f"~tu/ l..... "/ '--~_/--_/- / (S ~t:I16Y'r~ / c-.... \ , \ \ \ ,/ .... . /' (\/ .... -,...&/",VJ /' ...- /'\'/~' /' ././.-/ /" r"', /' ./ ./ ./ ./ /' ...- 1M only easemenls shown orc fram plals at record or inla"n<Hion provided by client. _ - . . HI,,, -h.",,1 .""t:f,'" I,.I,,~ <l,-;, ,...-, t",,, no" I_,;,'",.t '"/''''''' Lot 13. Block 2. TITUS 2ND ADDITION (){) () 4/ j, n NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A SETBACK VARIANCE TO PERMIT A STRUCTURE TO BE LESS THAN THE REQUIRED 100 FOOT SETBACK FROM THE ORDINARY HIGH WATER LEVEL OF A TRIBUTARY STREAM FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-S (RURAL SUBDIVISION RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 4510 JACKSON TRAIL NE, PRIOR LAKE, MN. 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, December 13, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Mark L. Leisener 2829 Overlook Circle Bloomington, MN 55431 SUBJECT SITE: 4510 Jackson Trail N.E., Prior Lake, MN, legally described as Lot 13, Block 2, Titus 2nd Addition, Scott County Minnesota REQUEST: The applicant is proposing to construct a single-family house with attached garage on a vacant lot to be setback less than the required 100 foot setback from the ordinary high water level of a tributary stream within the Shoreland District. 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. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the above-listed criteria. Prepared this 22 day of November 1999. Steven Horsman City of Prior Lake To be published in the Prior Lake American on November 27, 1999. L:\99FILES\99V AR\99-086\HERNOTE2.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 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) ()~ ~Ofthe City of Prior Lake CO\l1lty of Scott, State of Minnesota, being uly sworn, says on the ~ day of ~ ,1999, she served J.he attactr list of persons to,/Iave an interest in the qct - '" [U/Y1,{L ~~V\Q/V' \J~ , 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, thelastknown address of the parties. GfM!U Subscribed and sworn to be this _day of ,1999. NOTARY PUBLIC " MAILAFFD.OOC PAGB NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A VARIANCE TO PLACE THE LOWEST FLOOR AT AN ELEVATION LOWER THAN THE MINIMUM REQUIRED LOWEST FLOOR ELEVATION OF 3 FEET ABOVE THE ORDINARY HIGH W ATER- LEVEL FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 4510 JACKSON TRAIL NE, PRIOR LAKE, MN. 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, November 22, at 6:30 p.m. or as soon thereafter as possible. ~ APPLICANT: Mark L. Leisener 2829 Overlook Circle Bloomington, MN 55431 SUBJECT SITE: 4510 Jackson Trail N.E., Prior Lake, MN, legally described as Lot 13, Block 2, Titus 2nd Addition, Scott County MN 4 REQUEST: The applicant is proposing to construct a single-family house with attached garage on the vacant lot below the elevation required by the Shoreland District Code Sec. 1104.308 (3) b.,which reads in part, placing the lowest floor at least 3 feet above the ordinary high-water level. 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. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the above-listed criteria. Prepared this 3 day of November 1999. Steven Horsman City of Prior Lake Mailed on November 12, 1999. L\99FILES\99V AR\99-086\HEARNOTE.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 m ... .,,- ,\:~m ,'% ~ _ ; l~: 'n ' ;. l",,:-l'j :-O:lf-....)(. ~-"f'j~}~~,: - - " i:~t;LIJ' :~~l~: ; \,'!!l:'" :,,:,~~t'. , Il;~'-'f ,; ,,~,. ",,'ft.- ~~r{ ,'jl';;ll', ;" .;::l\~l'; . ,~,f,\4:; , /:;'i~m OCT 2 9 1999 -II \:>1 i I I i f: f f' ;}~~~~~;' .,1.1'...., . '>r'H:1iS:' : . ,.;.,'Y(: ";1':,', /.., ;,.,>,.,- , r~i :":r;:~:'.' :1" ;" ',".'. : ~. ;. 1<:" .,1, , .:j.. .. ~ > ~ "; Ii -. .,~ . ,:gi:~~/~~~(i~~'~! I 'A'~l~" i,:...: I .~f}-:~~t -' :: .~?<:- , 1".I,,~,till! , "":",,, I. .'. '"~"" , · "'.'.'" 'l'~ .,;~t...... .... \ ",,: "'~.'~i ,; 1 ,," '~....,.::' I ;.' I I I ;\;. . ~,~~~~';:: .',t ," I I I I I I I I ~ I I I ..;...... I ::. ! I '" I 'j !::'~~ .' I " I J.., I .., I ..,... I J I .- I I ,I I 'J I ,i;~r I I ! I I I I I i I I 1,1 ',. ~.::: ~:. \ ,: ~, ;~\ ,",.}...:.' : :1 - : :' i 11 I I I " ~.: I I , I, I L, :r!ti'. -rlfi_ "'," " +~ .~(;.. ','.' ,I'p" '; ;.:, ~f,~ . .",- ,t"{ 6661 6 l lJO - -':'"1,.:,')1. 'jD \~ , r r,;", f' I I i j ;, ',' . i I ,I . , 1'-'>-- /~ ..._ _..____ _.:t- / / / / / / / / ~ I s I I~ \~ I!= .~ I~ ~ ^ to') .- ~ I~ I ~ Ie I i I -------- 113::> .'03 '':ll::> .'03 ~ OOCl1\ ... I I I I'" I 0 :~ =I I~ S d l~ "t I- I,,! ,I <{ :1i 1 '" co ~ ~ I (l)~;:: I 1 G I /1 / I / I' 1 I' 1 I I 1 I I 1 I I ---~---------------~ : ' 'i-l9'3'Cl w<t It) // I .. "~ .' i' 'ElNIll~ 1 I I \ '.t "' '\l ill S Q I ~ I I , \ I I I \ I i \ ~ '" ~ i- .;-----------~~---- '0 'L-lO 'l. a ~~ o~, a ~ 0 ~~'-.Q[ :3d ; a Ul.... ^ -l ~:& U"j l;j ~ ~ ~ ill u! ~ '~ (1) Co U', ~ ~ ", , , " , " I I " I _ _ L _ _ _ _ -'j I I I I I :R:~ B\~ I I I I I I I I I 1 in ~ o -l \.l - - -- - - - -~- .VI to,,", ~ .sl " "" I --" . :ii,'i;~ ~ ~.k, ':{~i" ,~"H,{ ,~~;i;H~ l~; :~:;, ;.{t.. 'Jr'~: '~~~""':' . ~" :{": 8~ ~~ i~ U~ ~~ j(j( 1~/ ~ ~ ." ;,.1 .&( "'1('if\ f\{'lii~i:i,.. , ~. " .::~ ";' ~< a .J ~ ~< November 8, 1999 Steven Horsman 16200 Eagle Creek Avenue S.B. Prior Lake, MN 55372-1714 Dear Mr. Horsman: This letter is to inform you that I have agreed to change the variance request from 802.9 to 803.2 (or the basement. In addition I believe the Variance should be granted based on the following criteria for granting V mances. 1. The shore land requirements placed on this property because of the water conditions result in the lowest floor being very near the surface of the land. These requirements make it impossible to build a usable home for my wife who has severe arthritic conditions. 2. The conditions dictated by the shore land regulations are uniquely peculiar to this property. So much so that after 2 months of trying to determine the high water marks the city staff was not aware of these peculiar conditions. 3. If the Variance is not granted the home cannot be used by my wife. 4. The granting of the Variance will not impair adjacent property, umeasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. 5. lfthe Variance is not granted and the is house built in agreement with the Shore Land regulations, the new home would have a reasonable imp~t on the character and development of the neighborhood since it would be substantially higher than existing homes and would demand removal of many trees from the Lot in order to provide backfilling of the basement walls. The granting ofthe Variance would allow the new hom.e to blend in with the existing homes. 6. The granting of the proposed Variance will not be contrary to the intent of this Code and Comprehensive Plan since in a meeting with City Officials in the middle of September I was assured by all present that the proposed level of the basement floor would meet the city Code and Comprehensive Plan and that there would be no additional requirements. 7. The application for a building permit was made early in August 1999. I had been assured prior to this and after the application was made that a Building Permit would be granted at the proposed basement level. Based on these promises a home was put up fOT sale, mortgage rates locked in, and a home redesigned. Considerable time, effort and money were expended basedLon promises made by people representing the City of Prior Lake. cd W~8(:80 666t ct 'AoN Sl.17c888ct9 'ON 3NOHd :Jig WOH:l 8. The hardship results from city officials at an extremely late date finding that the Shoreland Regulations effected this property. Had this information been given to me in early J1U1e I would not have bought the lot. But this information did not become available until the early part of October. I would also request the refund of my $150.00 paid when this second Variance became necessary. Had this Shoreland Regulations requirements been given to me by City Representatives, I would have combined this Variance with the earlier Variance. Thank You. Rev. Mark L. Liesener (d W~6(:80 6661 c1 'AoN SLvc888c19 'ON 3NOHd ::'-'8 WOel.::l Steven Horsman 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 rrD rn @ @ O'\{J@ I.~\\ U~ NOV' 2 J9Ql .~ November 8, 1999 Dear Mr. Horsman: This letter is to inform you that I have agreed to change the variance request from 802.9 to 803.2 for the basement. In addition I believe the Variance should be granted based on the following criteria for granting Variances. 1. The shore land requirements placed on this property because of the water conditions result in the lowest floor being very near the surface of the land. These requirements make it impossible to build a usable home for my wife who has severe arthritic conditions. 2. The conditions dictated by the shore land regulations are uniquely peculiar to this property. So much so that after 2 months of trying to determine the high water marks the city staff was not aware of these peculiar conditions. 3. If the Variance is not granted the home cannot be used by my wife. 4. The granting of the Variance will not impair adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. 5. If the Variance is not granted and the is house built in agreement with the Shore Land regulations, the new home would have a reasonable impact on the character and development of the neighborhood since it would be substantially higher than existing homes and would demand removal of many trees from the Lot in order to provide backfilling of the basement walls. The granting of the Variance would allow the new home to blend in with the existing homes. / /;~ 6. The granting of the proposed Variance will not be contrary to the intent of this Code and Comprehensive Plan since in a meeting with City Officials in the middle of September I was assured by all present that the proposed level of the basement floor would meet the city Code and Comprehensive Plan and that there would be no additional requirements. 7. The application for a building permit was made early in August 1999. I had been assured prior to this and after the application was made that a Building Permit would be granted at the proposed basement level. Based on these promises a home was put up for sale, mortgage rates locked in, and a home redesigned. Considerable time, effort and money were expended based on promises made by people representing the City of Prior Lake. 8. The hardship results from city officials at an extremely late date fmding that the Shoreland Regulations effected this property. Had this information been given to me in early June I would not have bought the lot. But this information did not become available until the early part of October. I would also request the refund of my $150.00 paid when this second Variance became necessary. Had this Shoreland Regulations requirements been given to me by City Representatives, I would have combined this Variance with the earlier Variance. ~~ L-/~" ~ ___ ~~{(reees~ MICHAEL HAYES II ElIlabIlshed In 1062 LOT SURVEYS COMPANY, INC. LAND SURVEYORS L' t I , I i I, t. I'. l- I: 'k r INVOICE., NO. 53642 F.B.NO. 838-07 ,08 '. SCALE: 1" = 30' , '::'0 REGISTERED UlDER TH~ LAWS OF STATE OF MINNESOTA 760t 73rd ATenue orlb. . . . ". . 612-660-3003 . ' . .'. rax No. 680-3622 lllnneapolle. }llnneeola 1I6426 o Denote. Iron "'onumenl o Oenotee Wood Hub Sel for excavation onfy XOOO.O Oenole. Exl.11n9 E1evoUon @ Oenolee Propoeed ElovoUon _ Oonohe Slrfoce Orolnoqe NOTE: Propo.ed grade. are .ub jec! to'rGsulb of 3011 testa. Propo.ed buRdln<) In'o.-mollon No flood 'elevation available from mu.1 be checked wllh opproved C't . t shed dept building pion and developmenl or 1 y, en~Jneerlng or wa er . gradln<) pion be'ore excovallon . . ..' .. and conslructlon. Proper~y is located'in Zone X per f)11.'1 Propo.ed Top 0' Block ' Communlty Panel No. 270432 0002 C~I 4 Da1;ed Nov.ember 19..1997. D' Propoeed Caroqe Flao.- .'. .:.. . l)o~.l,_propo.ed Lowe.t floor Type 01 BuhdlnO fW- f3A<;,&f8)r VJ-4r..JwJ r- ~u ny ryur5.~,m:: rt i f ira it NOTE:Proposed elevations shown recommended by builder. Property located in Section 23. Township 115. Range 22. Scott County. Minnesota JAulC.00N ,.t~\L ,~II ~ (~\l-L. A\V.)<1fA1\-) ~.,)<. ~':A #. V' ~=~~ __~+/O~ I ; (I . " I <.' II \~ i ~ : I I~ 1 , I I---------~:.. .r" ~ I Ie T ,..... ~ I. ~ /1. ~.~ I. .0 /.{<.#: / t@ ^. r ' -:f~l--- , ",. 0.'" . r l I " The only casements shown oro 'from p10ls 01 record or information provided by client. ....- We hereby certifythot this is 0 'rue and carred reprcsen'olion of o 3\J(VCY of the boundorlc!I of the above de~cribcd lond and lhe locoUon of 011 buikJing5 and visible uncroochfT'lenls. if uny. from or on .scid land. rI'':l ~ ~u ..,~ r' I I \ so1.b' Surveyed by us lhis~duy of I I j) .i) E I 0':'- .<0' ~ jqf' I 10 I r;;;;/IY I I I I -......-/. - j Il:J ':~:- -\ 10'2-.40 - - . 0 ~. #'-' i \~ :;:.::~ ('? p2 n\\jTr~ p\\\'\ . ~. \ ,__ . -_-, ,c=, u \:.J '- I \, . \\t<_~~9~~\ .....l,l 1 VI'2::':~ ~ \ .--r---- \fE:)J/..u>~e"~).' v/AtiOVT p~O) l~-~ \ \ \ ~~ ~ #~ ~~i~~ I O/<A/NA4c. / is emcI101r-:.:::.i. tOo ,qpo':- / ,/ ,/ EXHIBIT A " ,/' ;' ,/ Lot 13. Block 2, TITUS 2ND ADDITION ,/ ,/ .t ,/" .~.OM 1 OiL ./' .~r Julv 19~ Cherteo F. Anderoon, IJIm. Reg. No.2175J or Grogo.-y R. Prosch, t./Inn Req No. 2~992 qf':' ~j ~u_ .,fJ":-- NOTE: Propo..d grod.. or. .ubJoct lo resullll of eon lests. Propoood building Informollon must be checked with approved building pion ond d.velopmont or grading plCl'1 before ewcovalloo and construction. Property is located'in Zone X per ~11.'1 Pro o..d To of Block Community Panel No. 270432 0002 C~II' p p . Dated November 19. 1997. 0 .... Propo..d Garago Floor Bo~ .1..._Propo..d Low.ot Floor \~ If E~I~lJJ<'SC'~' v/ALfoVT P~IO) )~--~ \ \ \ \ \ ElIlablhrhed In 1062 LOT SURVEYSCOMP ANY, INC. LAND SURVEYORS REGISTERED Uf. DER THE LAWS OF STATE OF MlNNESOT A 7601 73rd ATonue orlh , '. 612-660-3093 , . r..x No. 660-3022 l..llnn...poll.. 1Ilnnoool.. M<t2B ~ U r U f Y n t s. "It r d t fi nd r MICHAEL HAYES NOTE:Proposed elevations shown recommended by builder. II Property located in Section 23, Township 115, Range 22, Scott County, Minnesota No flood ~levation available from City engineering or watershed dept. ',~':i . jA{;~00N /...\1)",,, (~\u... .~!'- Jg@l_~J~- -- ~\L -1'0\\-) ,,0.).., . Jf1"!' ~ -\ 10'2-.40 - - , 0 qf. ~ (1) /o-~ . II I I~ ~ : I I' , ; I~:~ + t l \~ 'r I ~/1 \'<. I . Y\' <-1' ':0 t!:-,~fl) ,., ~#;. (@ ~-----i> $ f ^' I O-IS.O-' ! --~I- \\---~If "t;,210 . ""'0.", qjP~ i ~zYi ~.'~~; I ./ -I !!iJts c8.' ~.zOfO?;!;t7. I . ~ ~oe-t\t)t, I~ .1'" 1~~ , ,'; <&0":- o..!~q .J _ ~4tJ\c.l '1 of'>) rt>>:-- ~ '. ~ I 10 I ~;;;:/'1Y I Of<A/tlr/4c. I I jJ .\.) ~ I ,f~ ~~i~~l f is eA'5tCnOlr c::! fL. , llfiO ~ / / I /" ../' ....- I /' ....- \ ./ ./ gol.\:. -/' /' INVOICE -- NO. 53642 F.B.NO. B3B-07 ,OB SCALE: 1" = 30' , o Denote! Iron ~onument o Oonol.. Wood Hub 50\ for oxcavation only xOOO.O O.nol.. Exl.t1nQ Elovatlon 8 Donotes Propoeod Elevation ~ Donoles Surface Oralnoqo Typo 0 ( BulldlnQ ~ BA<;,E/1fE~r v../A,i.Jt..o.J '\ .ui<"""1I ~"{I,. /,,",~. _oj ~ )) / / I I I ___---:::-:::-' i-;::l --..---= ~ n \VI,I ....-::) i ,.... ,'"2 (r:- \;.'::l U D b ;; :~\ \, ; "'''. \::::.,) t..:::1 . \. \ \ :~\ 'IV!' \'h \ !!!, I ~Cl 2 9 1999 "-- , '-- EXHIBIT A Lot 13, Block 2, TITUS 2ND ADDITION ''::'t.,'' l ~ I , 1 I I I' I,' 'r i I . \~~,\\\, \\\\-- :\W ~ '" lhc onty cosemenhl shown ore from plots or record or inforrnution provided by client. ..;.... , We hereby certify that this is a true and correct representation of o survey of the boundorles ot the above de9cribed land and Ihe locotion of 011 buildings and visible uncroochrnenls, it uny, from or on . said land. 111/ ,,~.rn OiL !Y' S....v.y.d by us lI,is~duy uf Julv 19~ ChcM.o f. Andor.on. Minn. Rog. No.2175J or Gr.gory R. Proach, lollnn Reg No. 2~ 992 II .", j """ ~~w_ ,JJ~ ...- The any eosements shown orc nom plots of record or inforrnutfon provided - by client. .... .... We hereby certify that this is 0 true and correel representation of Q survey 0' the boundaries ot the above described lond and lhe IO~Q\ion of on buildings and visible uncroochmenls. if uny. from or on sOld land. Elllablls!led In 1962 LOT SURVEYSCOMP ANY, INC. LAND SURVEYORS REGISTERED UlDER THE LAWS OF STATE OF MINNESOTA 7601 73rd ATenue, orlh 612-660-3093 , Fax No. 660-3622 )llnnaapoll.. "Inne.ola IIM2B g,urUtynr9. ,C!ttrHfiruit INVOICE--NO. 53642 F.B.NO. 838-07 ,08 SCALE: 1" = 30'. o Denotes Iron MonlJTlent o Denote. Wood Hub S.l lor a.cavallan only xOOO.O Denote. E.I.llm;l Elevallan @ Denote. Prapa.ed Elevallon _____ Denotell Surface Drainage MIC!lAEL !lAYES NOTE:Proposed elevations shown .,:' recOllll1ended by buH der . NOTE: Prapa.ed grade. are eubJect to re.u11o 01 0011 te.lo. Propo.ed bulldl",~ Inlormallan mu.t be checked with approved building plan and developmenl or grading plan before e.covatlon and construction. Proper~y is located in Zone X per ~ 11.'1 Pro ooed To of Block Communlty Panel No. 270432 0002 C-a------ll 4 p p Dat;ed Noveniler 19, 1997. ~Propcud Garage Floor "50~ .1..-_ Proposed lowest Floor Property located in Section 23, Township 115, Range 22, Scott County, Minnesota No flood ~levation available from City engineering or watershed dept. ~ij- JAul::::.00N f...\tJ r- ( f'tV'l1\ IU- ^ \V.J< . ",';4 #. J~== .. 1ifA\ L '\fAIt..) ~.'- . Jf1'!" Type of Building fW- f3M,tJtlE~r "" 1jr.JtJJ.J r- I I \ 110,.1:>' ~~ofl~ /,~. -_.j ~ L/ i,! r/ / /if.\/; / d\l I efl ~ I~~/ / - 4Jf'0, I / I' ;[ #'~,..~,'~,.'."N,'",fY.'~, ,,!:;1/;., ~;/ \1 .q.cf.' oJ~q .-J j; "...._~ttJ' }( -- qy II \ ~-~......r 'f '. I?\ " ~~ ~~ ~{'fJ~ 1<;.0 I Ir61e.L..O~<"EO~- 'l7' 'lY qy I\V/A, UwvT f"A"ilO )~--- I ~';I \ I ~ J~14/ \ 10 ; -!'N;-;;:11Y I OIM/N'//4c. e$~J101r~/ (to; I t /1..__ I I I I ~ ." t:L D -;(, . .,' ~-\~"2-Ao- - . 0 qf. ~ ":l C> -r. ; + I~ ~ oS \- ,I) I I ~ ~ I ,r#~ EXHIBIT A ,/ /" j;f)' ./ ........ ........ ..... ;' /' ,/ Lot 13, Block 2, TITUS 2ND ADDITION ./ ... ./ ) 121 / ,,~m ()JL ,/' I/' Julv Chcr1ee F. Anderson. Minn. Rag. No.2175J or Gregory R. Prosch. Mlnn Reg No. 2~992 Surveyed by us \his~duy of 19~ '1t,;' I f " f I r !, r I I . ~:::- . Applicant did an excellent job in complying with the ordinances. . The variance request is minimal. . It is not a heavily traveled road. No sidewalks. . Supported request. Cramer: . Concurred. The hardship is met by the fact the property is unique. . Commend applicant for making an effort not to encroach on the setback. . Supported request. MOTION BY KUYKENDALL, SECOND BY VONHOF, TO APPROVE THE 5.4 FOOT VARIANCE TO PERMIT A 19.6 FOOT FRONT YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT FRONT YARD SETBACK AND DIRECT STAFF TO PREPARE A RESOLUTION. Vote taken indicated ayes by all. MOTION CARRIED. o B. Case File #99-86 Mark Leisener, is requesting a variance to place the lowest floor at an elevation lower than the minimum required lowest floor elevation of 3 feet above the ordinary high water level for the property located at 4510 Jackson Trail. Zoning Administrator Steve Horsman presented the Planning Report dated November 22, 1999, on file in the office of the Planning Department. The Planning Department received a variance application from Mark Leisener for the construction of a single family dwelling with attached garage. The applicant previously applied for a variance to lot area that was approved by the Planning Commission on September 27, 1999. Liesener is now requesting a 2.7 foot variance to permit the lowest floor elevation to be three tenths foot (.3) instead of the required three (3) feet above the ordinary high water level. The Acting City Engineer and Water Resources Coordinator have determined, with the recent flooding, the City should not even consider granting a variance to the 3 foot separation in elevation, as stated in the project review checklist. In his November 17, 1999, letter to the City, Patrick Lynch, DNR Area Hydrologist, objected to the lower floor elevation variance because of the increased potential for the tributary to experience more water in the future. The Watershed District sent a letter in opposition to the request. The staff recommended denial of the request on the grounds all required criteria for approval had not been met and the request is contrary to the City Ordinance and 1:\99files\99plcomm\pcmin\rnn112299.doc 3 Planning Commission Minutes November 22,1999 Comprehensive Plan. A legal alternative exists to develop the vacant lot without the vanance. Upon review for the requested variance, staff determined a second variance will be required regarding structure setback to the unnamed tributary. This variance will be published for a public hearing on December 13, 1999. The additional variance has no bearing on this agenda item before the Planning Commission. Comments from the public: Applicant Mark Liesener, stated he has been working with the City for almost six months. He was assured by the Planning and Building Departments a building permit would be issued. His attorney reviewed the lot and had some suspicion as to whether or not there would be a permit granted. The attorney contacted the Planning Department and was assured in answer by a fax, that a building permit would be issued on the lot. There was no talk of a variance. The building permit was submitted in early August. The specific level of 803.4 water mark is listed on the survey. That level was picked because it seemed to be above the high water mark. The Building Department immediately questioned the high water mark of the drainage ditch. They directed the question to the Watershed District. He spent about a month working with the City and Watershed trying to determine what would be the high water mark. The result was a meeting in late August with city staff, Liesener and his builder where they concluded the high water mark to be 802.9. His question to the City was "Is there anything else that could possibly hold up a building permit?" Then came the discussion for the septic. He was assured there was no more requirements. Two months after the building application is in, staff found he is now in the flood plain. Liesener met with Don Rye and Bob Hutchins on October 15. Liesener said he became leery when staff wanted him to redesign a new home. He was shocked when he received the report stating there is yet another variance. Liesener said it is becoming extremely expensive working with the City of Prior Lake because of their negligence. He has been lied to by the City, directly and deliberately. This is not a new lot. It was platted by the City in 1974. He would not object ifthe City would have told him in June, July or August, but 4 months later he was told he is in the Shoreland District. The City's explanation was it did not appear on the map. He was told he has two alternatives, one is to build a two story house. Liesener said his wife has rheumatoid arthritis and a 9.5% grade on the driveway can not work. His second alternative is to raise the existing house which will not fit into the neighborhood. In reality he feels he has no alternatives. All this flooding information is new to him. It was not brought up in the earlier variance request. Now, staffhas come up with an additional variance for a 100 foot setback. He does not feel he should be charged for this variance fee. Comments from the Commissioners: Kuykendall: 1:\99files\99p1comm\pcmin\nm112299.doc 4 Planning Commission Minutes November 22,1999 . There have been a lot of allegations, a lot of points raised. Can empathize with applicant's frustration. On the defense of the staff, each item should be reviewed by staff to respond. Some of the staff is not present. Do not want to delay, but owe it to the City to respond. . Points have been raised by the DNR and Watershed District. . The applicant raised a lot of points. . Horsman explained the Shoreland District overlay map does not show the area whatsoever. During a permit review ofLiesener's application for a building permit, staff had an idea there may be an unnamed tributary in the area but it was never shown on the map. Staff checked with Pat Lynch of the DNR and confirmed this unnamed tributary was part of the Shoreland District. McDermott said the DNR considers it a wetland. . Kansier explained the Shoreland District is laid out in two ways, a narrative form in the ordinance as well as a map. When there is a discrepancy one looks at the narrative for clarification. The graphs are just a graphic representation. Back in 1995 when the maps were originally drawn the tributary was not included. The current staff did not work for City of Prior Lake at that time and took it for granted the map was correct. Staff discovered the error during the permit review process. There was a question of could staff apply the provision of the ordinance that says one has to be three feet above the ordinary high water mark. That provision is specifically in the Shoreland District so when staffwas trying to decide ifthey could apply it or not, the City looked at the narrative which lists a portion ofthe tributary. Staff called the DNR to double check if that area should be included and they affirmed it was. Kansier stated no staff member ever intentionally mislead or lied to Mr. Liesener. Staff tried with the best of their ability, with the information available, to answer questions and review this proposal. Ifthere is a mistake, staff tries to correct the situation, . The City has to correct problems the best way they can and still meet the intent. . A hardship has been created with the water. There are conditions that have to be met. . Empathize with applicant and staff. . Suggest to Commissioners to try to fit this into the intent of the law. . McDermott said staff contacted the Prior Lake Spring Lake Watershed to obtain data for the outlet channel in order to calculate the exact high water elevation. Staffwas unable to gather that informcyion. Staff asked, but did not receive the information. In the absence of the information, staff used DNR's recommendation to use the top of bank as the high water elevation. The report reflects the results. . The Watershed District is not an agency of the City. . Recommend the Commissioners do not act on this matter and have the Watershed come to the next meeting and respond. Cramer: . The applicant is owed some sort of an apology. Discussions of the stream came up numerous times with the first variance. The Commissioners should have picked up on it. The issue of the high water should have come up at the earlier variance. . Agreed with Kuykendall. The Commissioners need to hear from the Watershed District what the concern for future use is. It is not clear what the DNR intent is. 1:\99fiIes\99plcomm\pcmin\mn112299.doc 5 Planning Commission Minutes November 22, 1999 . In some ways the hardship is met, but in other ways the decision can affect the safety and welfare of a large number of people outside this lot. . McDermott explained it is part of the Prior Lake outlet channel. . Encourage staff to get someone from the Watershed District to respond. Stamson: . Disagreed with Commissioners. . Liesener gave an excellent job of outlining the process. . This is a very serious variance. Building a low floor at an elevation that is prone to flooding has serious consequences for the homeowner, neighboring properties and the City in general. . A flawed process does not warrant a variance. . The numbers have been established. What exactly do the Commissioners need to hear from the Watershed District? Do not understand what testimony is going to change the information presented. Cramer: . Confused how this issue came about. It was not a significant waterway and now it is a main waterway. . How significant is this tributary? What are the affects? Stamson: . Does not support the variance. Open to continuing to the next meeting. V onhof: . The applicant has discussed the process since August citing a number of meetings. . Recommend tabling to the next meeting. . Direct staff to prepare a report chronologically outlining the process responding in detail to the issues brought forth. . Direct staff to request a report from the Watershed regarding the outlet capabilities and the issues that come up from the elevations. Also include the DNR on the issues. This should be done by the next meeting. . Issues have come up that are not in the report. There is not enough information at this point to make any determination. . Would like to a decision based on more information. Kuykendall: . The objective is to make everything work. . What is the tributary function. The agencies have to come up with alternatives. Could it be deeper? Wider? What are other controls? . Would like the Watershed to come forth with a presentation with sound criteria. . Allegations have been made about staff and they should be able to respond. . There are other homes below the water level and who pay through insurance or wet furniture. 1:\99fi1es\99p1comm\pcmin\nm112299.doc 6 Planning Commission Minutes November 22, 1999 Stamson: . The homes below the ordinary high who have experienced problems are largely what led to creating this ordinance. That is the point of the ordinance, to end those situations. . The Commissioners are being blinded by the process and the experience. Throw that out and look at the numbers and it would be denied. It is a disservice to the applicant by dragging this on, giving him the false hope that it would likely pass. Given the numbers and not the emotion, there is little chance it will get passed. McDermott pointed out the recommendation from the Watershed District not to allow this variance. The City has a recommendation from the DNR not to allow this variance as well. The City's own Water Resource Engineer is also recommending denial. All the information is present. If the Commissioners want to hear their reasoning in person, that's fine, but the agencies supplied the information in writing. Stamson: . The agencies have stated their reasons why they do not want to recommend approval. Cramer: . Stamson made a very good point. It is not necessary to drag this out. . Main concern is every map available does not show this area in the Shoreland District. . Would like to see a map of where this new Shoreland district is and the outlet channel. How does it effect the neighboring properties in the area? . Agreed with Stamson, cannot see the Commission granting a variance below the three foot elevation. Liesener said the Watershed was extremely hesitant to get involved. He had to get the outside engineer who works for the Watershed from another source. That engineer is the one that said it would never get over the bank. At the meeting with City Staff it was common sense that came up with the 802.9 water level. There was no study done and no measurements taken. If the Commissioners look at the site they can see the water will not go over the bank. Liesener said he was comfortable building at this level. At the meeting, staffwas comfortable with the level. Kuykendall questioned McDermott if the staff had been out to look at the site. McDermott said she had been to the site, however, she was not at the meeting Liesener referred to. Kuykendall suggested a motion to table the matter and have the Commissioners go out to the site and look at it from a bigger perspective. McDermott responded that regardless of the elevation, the ordinance still says the lowest floor should be 3 feet above the ordinary high water elevation. 1:\99files\99p1comm\pcmin \mn 112299 .doc 7 Planning Commission Minutes November 22,1999 MOTION BY CRAMER, SECOND BY STAMSON, TO APPROVE RESOLUTION 99- 25PC DENYING A 2.7 FOOT VARIANCE TO PERMIT THE LOWEST FLOOR ELEVATION TO BE .3 FEET INSTEAD OF THE REQUIRED 3 FEET ABOVE THE ORDINARY HIGH WATER LEVEL. V ote taken indicated ayes by Cramer and Stamson. Nays by V onhof and Kuykendall. MOTION DEADLOCKED. Kuykendall recommended staff and other public agencies revisit the items raised and respond to the allegations made. Kansier and McDermott explained the Commissioners have the legal responsibility to grant or deny variances. The Watershed District provides information, but has no authority or responsibility in issuing permits or variances. The staff requested information from the Watershed District during this process and received what information they had. It may be the Watershed District does not have specific data on this site. Kansier explained the process. MOTION BY KUYKENDALL, SECOND BY VONHOF, RECOMMENDING COMMISSIONERS, STAFF AND OTHER PUBLIC AGENCIES REVISIT THE SITE AND THE ITEMS RAISED. CONTINUE THE MATTER TO THE DECEMBER 13, 1999 MEETING. AMENDMENT BY CRAMER TO HAVE STAFF PROVIDE AN UPDATED MAP OF THE SHORELAND AREA. ACCEPTED AND SECOND BY KUYKENDALL AND VONHOF. Vote taken indicated ayes by all. MOTION CARRIED. The item will be on the December 13, 1999 meeting. 5. Old Business: 6. New Business: A. Case File #99-085 Larry and Joyce Nickelson are requesting vacation of a portion of the road right-of-way for Ridgemont Avenue adjacent to 15543 Ridgemont Avenue. Applicants submitted a letter dated November 20, 1999, requesting deferral of the matter to the next Planning Commission meeting on December 13, 1999. There were no comments from the public. B. Case File #99-087 Neil Boderman is requesting vacation of a portion of the drainage and utility easement located on Lots 1 - 2, Block 1, Enivid First Addition. Planning Coordinator Jane Kansier presented the Planning Report dated November 22, 1999, on file in the office ofthe Planning Department. 1:\99fi1es\99p1comm\pcmin\mn112299.doc 8 Miscellaneous L:\TEMPLA TE\FILEINFO.DOC OCT 2 9 1999 Planning Case File No. Property Identification No. City of Prior Lake LAND USE APPLICATION tjrr-OY6 16200 Eagle Creek AvenueS~I(/lprior Lake, Minnesota 55372-1714/ Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: o Rezoning, from (present zonin!:) to (prQposed zonin!:) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision o Conditional Use Permit o Variance Applicable Ordinance Section(s): o Other: Applicant(s): Address: Home Phone: Property Owner(s) [If different from Applicants]: S A ME Address: Home Phone: Work Phone: Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement Legal Description of Property (Attach a copy ifthere is not enough space on this sheet): To the best of my knowledge the information provided in this 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. ~~~ Applicant's Signature ~~~~ Fee Owner's Signature /tP( ~'1 77" Date I~O/ ;. f?' P l' Date . THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE BE PRIOR LAKE, MN 55372 (612) 447-4230, FAX (612) 447-4245 RECEIPT # 36128 DATE: Itf dcr/97 Received of CJJ7t11lL 1-1 't'--S2/}1.tJfi.j the sum of t/~ <-hv~~ "- forthe purpose of ()au~C{ Aiflltckh:;:; ----- - ------ dollars I $ )5000 Invoice # Q~~ Receipt Clerk for the City of Prior Lake , I OJ . ..REV. MARK LLlESENER .. LOIS L. L1ESENER L&i!! B.E:..L__.. _... BLOOMINGTON, MN 55431 "ay tll tl)r ~ @rilrrll liIatr (tt7(~~/1r 17-21910316 I I I [!Dbank. UBanko24-Hour Phone Banking 1-800 US BANKS (612) US BANKS ',0 .O'C) ollarB m ~~~~~~~.tulur.s Details Oil baek. jllTllr ~~I -;:::.:-- --:~_:-:--- - -~ -- --..-_.. ------ :..--- - - ::: - -- /h.~~ M' OHARlAND _ _ ---r~' . PRESTIGE CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: Variance 99-086PC An application for a variance to place the lowest floor within the reQuired 3 feet above the ordinary hiah water elevation. APPLICANT: Mark Leisener CONTACT PERSON: Steve Horsman SITE INFORMATION PID#: LOCATION: 4510 Jackson Trail EXISTING ZONING: R-S Rural Subdivision DISTRIBUTE TO: APPLICATION FOR: . Frank Bovles Greg IIkka Administrative Land Division Bret Woodson . Sue McDermott Comprehensive Plan Amend. . Raloh Teschner Jeff Evens Conditional Use Permit . Paul Hokeness Lani Leichty Home Occupation . Bob Hutchins Verlvn Raaen Rezonina . Don Rye . Doua Hartman Site Plan . Jane Kansier . Fire Chief Preliminarv Plat . Jenni Tovar . Bill O'Rourke PUD x DNR - Pat Lvnch Minneaasco Final Plat Countv Hwv. Dept. . Watershed Dist. . Variance MNDOT Telephone Co. Vacation SMDC Electric Co. Triax Cable Met. Council Date Received Date Distributed 11/8/99 Date Due 11/15/99 Complete Application Date Distributed to DRC Meeting Date DRC Publication Date 11/6/99 Tentative PC Date 11/22/99 Tentative CC Date 60 Dav Review Date Review Extension I:\template\variance\referral.doc Page 1 I have reviewed the attached proposed Variance request 99-080PC for the following: Water City Code GradinQ Sewer Storm Water SiQns ZoninQ Flood Plain County Road Access Parks Natural Features Leqal Issues , Assessment Electric Roads/Access Policy Septic System Gas Buildinq Code Erosion Control Other Recommendation: _ Approval Denial _ Conditional Approval Comments: Signed: Date: Please return any comments by 11/15/99 , to Steve Horsman City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9854 Fax: (612) 447-4245 I:\template\variance\referral. doc Page 2 NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A VARIANCE TO PLACE THE LOWEST FLOOR AT AN ELEVATION LOWER THAN THE MINIMUM REQUIRED LOWEST FLOOR ELEVATION OF 3 FEET ABOVE THE ORDINARY HIGH W ATER- LEVEL FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-l (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 4510 JACKSON TRAIL NE, PRIOR LAKE, MN. 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, November 22, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Mark L. Leisener 2829 Overlook Circle Bloomington, MN 55431 SUBJECT SITE: 4510 Jackson Trail N.E., Prior Lake, MN, legally described as Lot 13, Block 2, Titus 2nd Addition, Scott County MN REQUEST: The applicant is proposing to construct a single-family house with attached garage on the vacant lot below the elevation required by the Shoreland District Code Sec. 1104.308 (3) b.,which reads in part, placing the lowest floor at least 3 feet above the ordinary high-water level. 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. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the above-listed criteria. Prepared this 3 day of November 1999. Steven Horsman City of Prior Lake To be published in the Prior Lake American on November 6, 1999. L:\99FILES\99VAR\99-086\99-086PN.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 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF scon ) )ss STATE OF MINNESOTA) of the City ?!Prior Lak , County, of Scott, State of Minnesota, being d y sworn, says on the--l.U:. day of ,1.9, she served the att~~ list of persons to have an interest in the \A ~t\-08to ' 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. Subscribed and sworn to be this day of , 1999. NOTARY PUBLIC "f MAILAFFD.DOC PAGB NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A VARIANCE TO PLACE THE LOWEST FLOOR AT AN ELEVATION LOWER THAN THE MINIMUM REQUIRED LOWEST FLOOR ELEVATION OF 3 FEET ABOVE THE ORDINARY HIGH W ATER- LEVEL FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-l (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 4510 JACKSON TRAIL NE, PRIOR LAKE, MN. 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, November 22, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Mark L. Leisener 2829 Overlook Circle Bloomington, MN 55431 SUBJECT SITE: 4510 Jackson Trail N.E., Prior Lake, MN, legally described as Lot 13, Block 2, Titus 2nd Addition, Scott County MN REQUEST: The applicant is proposing to construct a single-family house with attached garage on the vacant lot below the elevation required by the Shoreland District Code Sec. 1104.308 (3) b.,which reads in part, placing the lowest floor at least 3 feet above the ordinary high-water level. 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. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the above-listed criteria. Prepared this 3 day of November 1999. Steven Horsman City of Prior Lake Mailed on November 12, 1999. L:\99FI LES\99V AR\99-086\HEARNOTE. 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 ~ SEC. 23 T 1/5 R. 22 THIS IS A (X)MPl~ATlON OF RECORDS AS 'IliEY APPEAI1IN THE SCOTT COUNTY OFFICES AFFECTING THE AREA SHOWN THIS DRAWING IS TO BE USED ON~Y FOR REFERENCE puRPOSES ANO THE COUN- TY IS NOT RESPONSla~E FOR ANY IH- ACCURACIES HEREIN CONTAINED _ _ _ 8 -- - - -'l -- _..6._ !!.A.!.u~i~ __ _~~ _ M 17 2 6 /~ / 10 OUTLOT C ~ S ~\~ ? ..> J,5~ 9:.,3 - C 13 - () r; II.f 'U i ,.- ,.. ;i.Jf .< iJ ..../ ~ ) .--"--" ~ \. 'Zfo,Ia.",.'''.' ...."., ~ .;-.. ~ '-----" ~ _ _ ___ (' / ,.. i ~... / l\, _. .7/ ~".,--\ J3C1X.J.e.l..... /.' \ 0sr o -' fl. cf) \ tJ?' q.0<) \:'-.. ~ '" 7&/10 JOHN. P. 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I received a request from the property owner, Pastor Mark Liesener, to confirm that the lowest floor shall be 805.9' elevation for a proposed dwelling on the subject lot. In a copy of the letter dated 10/14/99, the city established the lowest floor, as required under Subdivision Ord. 1104.308 (3,b) High Water Elevations. The 802.9' elevation was determined to be the top of bank for the Pike Lake Tributary in one area of the lot, however, the tributary bank appears to rise to the rear of the lot. ,Subsequent to this letter, staff changed the required lowest floor to be 80'3' or l' above the road elevation over the culvert to avoid a problem in case of a blocked culvert. The property owner allowed two variances to expire on this property and "He's Back" to reapply. Please review at your earliest convenience as to your departments issues with the proposed lowest floor, and I'll convey this info to the applicant. . March 26, 2002 Mark L. Liesener 8679 Sunset Court Shakopee, MN 55379 Dear Mr. Liesener: The City of Prior Lake received your letter regarding your property at 4510 Jackson Trail, and the City letter dated 10/14/99, that addressed a couple of issues including the lowest floor elevation required to develop your property with a single-family dwelling. I will have to research this issue with the City Engineering Department and the Department of Natural Resources prior to responding to your question in order to verify the current conditions for this shoreland district. As soon as I have an answer you will be forwarded the information. In addition, the Scott County Environmental Health Department has taken over jurisdiction for all septic systems in the City of Prior Lake. I recommend you contact this department and verify the ability to acquire a County permit because the City will not issue a building permit for your structure without an approved Individual Sewage Treatment System Permit. Enclosed you will find a variance application to be submitted for the two variances that expired in 2001. Please read the application instructions as they have changed since your original application was submitted in 1999. If you should have questions regarding this matter, call my direct phone number at 447- 9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I will assist you. The City appreciates your patience on this matter. Sincerely, - 01 L'-"'~f 1. I~~~~A -;)~v~ ,I ~t l/ '\ Steven Horsman Zoning Administrator/Inspector - 16200 ~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER i; . ~15ml ~ , ; . _______.....__..._..._j G Mark L. Liesener 8679 Sunset Ct. Shakopee, MN 55379 ; '- March 13, 2002 Steve Horsman 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372 Dear Mr. Horsman: Enclosed find copy of a letter dated October 14, 1999, in which the lowest floor elevation for a home on 4510 Jackson Trail N.E. must be at a 805.9 feet elevation. Is this still in effect today? Please inform,1at your earliest convenihence so I can continue to plan building on this lot. Thank you. ~.----.- . Liesener .~ '" DATE: January 4,2002 TO: Paul Baumgartner, Plans Examiner CC: Steve Horsman, Zoning Administrator FROM: Nate Briese, Engineer Technician I RE: Building Permit, 4525 Jackson Trail I have reviewed the permit and I need some additional information to move on with the permit review process. The information that I need is as followed: . Grading contours of the lot . Must remove bituminous in the North East portion oflot . Must have Driveway permit . Check with Watershed District for any additional permits G:\MEMOS\NateO 1 \PERMIT.DOC MEMORANDUM DATE: TO: FROM: CC: SBJCT: January 2, 2002 Paul Baumgartner, Plans Examiner Steve Horsman, Zoning Administrator Jane Kansier, Zoning Coordinator Building permit for L13, B2, Titus 2nd Addn. I have reviewed this permit application for Planning issues and require the following additional information or procedures to be applied: 1. Ordinance 1102.306: Dimensional Standards: Minimum lot area 2 acres. As proposed, .79 acres for lot area, a variance to lot area is required. 2. Ordinance 1104.301: Unsewered Lakes: (3) Setback Requirements: a) Structure setback from OHWM is 100-feet. As proposed, 67-feet, a variance to structure setback is required. b) Sewage system setback from the OHWM is 75-feet. As proposed, no system is noted on survey. Scott County will not permit system less than 75-feet to the OHWM. 3. Ordinance 1104.308: (3) High Water Elevations: b) Lowest floor at least 3-feet above the flood of record. If flood data is not available, by placing the lowest floor at least 3-feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages to establish a flood protection elevation. 4. Submit impervious surface worksheet for total lot coverage area. 5. Submit proposed building plan elevations for review. 6. Submit significant tree inventory and tree preservation plan. 7. Submit survey depicting existing driveway and non-compliant accessory structure (shed) to be removed. Any questions my extensions 219. February 20, 2001 Mark Liesener 8679 Sunset Court Shakopee, MN 55379 RE: Recording of Approved Variance Resolutions Dear Mr. Liesener: The purpose of this letter is to advise you that Resolutions 00-014PC, and 01- 002PC, granting time extensions till September 27, 2001, for the Variances on the property located at 4525 Jackson Trail shall be recorded at the Land Records Department at Scott County. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will become null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (see Assent Form). Enclosed is a certified copy of the original Resolution to be recorded at the Scott County Recorders office. Also included is a copy for your records. The other copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Additionally, the enclosed Assent Form must be signed by the applicant and all property owners and returned to the Planning Department prior to the issuance of any necessary permits. If you have any questions about this matter, please contact me at 447-9854. Sincerely, Steve Horsman Zoning Administrator Cc: Daniel Pinkervich 1:\99files\99var\99-086\recdlet3.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER February 15, 2001 Mark Leisener 8679 Sunset Court Shakopee, MN 55379 RE: Recording of Approved Variance Resolutions Dear Mr. Leisener: The purpose of this letter is to advise you that Resolutions 00-014PC, and 01- 002PC, granting time extensions till September 27, 2001, for the Variances on the property located at 4525 Jackson Trail shall be recorded at the Land Records Department at Scott County. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will become null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (see Assent Form). Enclosed is a certified copy of the original Resolution to be recorded at the Scott County Recorders office. Also included is a copy for your records. The other copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Additionally, the enclosed Assent Form must be signed by all property owners and returned to the Planning Department prior to the issuance of any necessary permits. If you have any questions about this matter, please contact me at 447-9854. Sincerely, Steve Horsman Zoning Administrator Cc: Daniel Pinkervich . 1:\99files\99var\99-086\recdlet3.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ./ January 10, 2001 Rev. Mark Liesener ~74 >vV\~ {~'?f~~ .__ Bloomington Lutheran Church ( .~. (5-S 3 79 9350 Portland Avenue Bloomington, MN 55438 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the January 16, 2001 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, Co~t ~VA. fpg A _Ov~'l Connie Carlson \.,/\IV (y 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 Final Notice Time Extension September 14, 2000 Mark Liesener 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/Inspector 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 September 7, 2000 Mark Liesener 9350 Portland Avenue Bloomington, MN 55438 RE: Recording of Approved Variance Resolution, and Building Permit Application Dear Mr. Liesener: The purpose of this letter is to advise you that the City of Prior Lake has not received copies of your recorded Variance Resolution 99-021 for your property described as Lot 13, Block 2, Titus 2nd Addition. This variance shall become null and void if not recorded with Scott County, and your building permit is not issued on or before September 27, 2000. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will become null and void per Section 1108.400 of the City Code if the construction project is not commenced or completed by this date (see Assent Form). If you have any questions about this matter, please contact me at 447-9854. Sincerely, teven Horsman Zoning Administrator/lnspector I :\99files\99var\99-086\rcdlet2.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ;Z;~d~~' _ .tf;; _ A-.':'" ~ ~~_q .,,-nP ~ $ b -IJ-., ~ ~ _ f/ ~ -p: 1''1'- D?I tkJ ;;;try (~ ( ~ ~~ e~~~4g{j~~ IUVfVT~-r ~ Jf,'(~ (J9/!7 r-4~~ 1~'-7J'ffJC(./jp ~~' ~~ ~I (" -=:)~q(1('(~ FROM BLC PHONE NO. 6128882475 Scott County customer Service 200 4th Avenue West Shakopee, MN 55379 .51826 2S-5EP-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 Sep. 26 2000 05:46PM P2 3@ 19.50ea 58.50 3@ 10.00ea 30.00 88.50 88.50 88.50 0.00 Zoning Ordinance 1108.417 Time Period for Abandonment of Existing Variance. The 1 year period used in this Ordinance to compute time to determine whether a Variance has been , canceled or revoked shall begin with the date of adoption of the resolution granting the Variance. 1108.418 Abandonment if Conditions Not Met or Use Discontinued. Any Variance granted by the City is revoked and canceled if all conditions imposed in the Variance are not satisfied within 1 year or if the approved use is discontinued for a period of more than 2 years. If an extension of the time period is requested by the owner of property on which a variance has been discontinued prior to the end of the 2 years, the Board of Adjustment may approve, by resolution, such requested extension if the Board of Adjustment finds the use to be acceptable and a satisfactory reason exists to grant an extension. 1108.419 Extension of Time. The Board of Adjustment may grant an extension of time not to exceed 1 year for any variance. The fee to process an extension request shall be set by the City Council. Requests for extension of time must be filed with the Zoning Administrator before the termination date of the Variance, but such request shall not be filed more than 30 days before the termination date. 1108.420 Denial. Variances may be denied by resolution of the Board of Adjustment. A resolution of denial shall constitute a finding by the Board of Adjustment that the conditions required for approval do not exist. 1108.421 Duration and Enforcement. Variances shall remain in effect as long as the conditions stated in the permit are observed. Failure to comply with those conditions results in termination of the Variance. ").., / ' 1108.422 Reimbursement of City Costs. No Variance shall become valid until the applicant has paid to the City all fees due according to subsection 1109.900. 1108.423 Building Permits. No building permit shall be issued for any property for which the Board of Adjustment has approved a Variance until the applicant has paid to the City all required fees, has signed an assent form, and has filed any required letter of credit. 1108.500: AMENDMENTS To THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP. The City may, either by its own initiative or by petition of a property owner, consider amendments to the formal text of this ordinance or to the boundaries of the Use Districts established on the Official Zoning Map. This subsection outlines the procedures for consideration of these amendments. 1108.501 Initiation of Proceedings. Amendments to this Ordinance may be initiated in one of four ways as follows: );> The Planning Commission may initiate the review of such amendments by motion. );> The City Council may on its own motion initiate amendments by referring them to the planning Commission for review. May 1, 1999 nos/pIs City of Prior Lake December 22, 1999 Mark Leisener 2829 Overlook Circle Bloomington, MN 55438 RE: Recording of Approved Variance Resolution Dear Mr. Leisener: The purpose of this letter is to advise you that Resolution 99-25PC denying an elevation Variance and Resolution 99-26PC approving a setback Variance on your property located at 4525 Jackson Trail shall be recorded within 60 days of the approval date on December 13, 1999. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will become null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (see Assent Form). Enclosed is a certified copy of the original Resolution to be recorded at the Scott County Recorders office. Also included is a copy for your records. The other copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Additionally, the enclosed original Assent Form must be signed by all property owners and returned to the Planning Department prior to the issuance of any necessary permits. If you have any questions about this matter, please contact me at 447-9854. Sincerely, ~rn~ Zoning Administrator ....I:\99files\99\1ar\99-086\~cdlet,doc 16200 t:.agle ueeK I1.ve. ::'.t:.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER December 14, 1999 Anthony Stamson Planning Commission Chairman 16095 Wren Court Prior Lake, MN 55372 RE: Adopted Resolutions at the meeting on Dec. 13, 1999. Dear Chairman Stamson: Enclosed you will find three Resolutions with Exhibits adopted at the Planning Commission meeting on December 13, 1999. Please review and sign the Resolutions and return them in the self addressed stamped envelope provided. Should you have any questions regarding this matter, please call my direct phone number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I will assist you. Thank you for your attention to these documents. Sincerely, S even Horsman Zoning Administrator 16200 ~ceek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER December 10, 1999 Mark Leisener 2829 Overlook Circle Bloomington, MN 55431 RE: City of Prior Lake Variance Application 60 day extention notice Dear Mr. Leisener: Your variance request has been continued and will be heard by the Planning Commission on December 13, 1999. The meeting begins at 6:30 p.m. and is located at the Fire Station on County Road 21 and Fish Point Road. You or you representative is expected to be in attendance. If you cannot make the meeting, please let me know. You should have received a copy of the public notice and a copy of the staff report with recommendations for the meeting. The City approval process can be substantially less than 120 days, and we intend to move this matter through the process in a timely manner which provides a complete, professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60 day review period. This letter also serves as your official notice that the City is extending the 60 day deadline for an additional 60 days from December 29, 1999, to February 29,2000. If you have questions please call me at (612) 447-9854. Sincerely, cp:;; ~ Steven Horsman Zoning Administrator J:\99fi1e~\99,<ar\99-086\<AlmD.lete.dQc Page 1 16200 tagle Creek Ave. ~.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER December 8,1999 Mark Liesener 2829 Overlook Circle Bloomington, MN 55438 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the December 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 me at 447- 4230. Sincerely, CJtttWJ. (1IHJ II tfl. Connie carlsoYV P Planning Dept. Secretary Enclosure J:\d~ptwJ:lrk\blal)kfrm\n1~tltr:..doc Page 1 16200 t.agle Creek Ave. ~.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . .......'... ~ _~l...,~'_.~),.'":;."',..~""t..........;._j..~ ,.,.....-. ,'.. .....-..'..v'.........~.'.__.......... . ......,._~~'.""....'-'.._.."..;.__.'~..., '.:"""~..;"".~,.M"''''''~> .....~....' _.i;.." '_.....,...... ....~. ~.. ..,....-..... ..'~.~. Z 377 729 329 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sentto Final Notice Time Extension Post Office, State, & ZIP Code Postage $ 33 tL(J) Certified Fee Special Delivery Fee November 29, 2000 Restricted Delivery Fee Ii) ~ Return Receipt Showing 10 ~ Whom & Dale Delivered ~ Return Receipt Showing to Whom, <( Date, & Addressee's Address c:i o TOTAL Postage & Fees CO C") Postmark or Date E (; u. en a. ,25 Mark Liesener Bloomington Lutheran Church 9350 Portland Avenue Bloomington, MN 55438 $ .2-.~~ iL/2-~/~ RE: Extension of Time for Approved Variance Resolution's for Lot 13, Block 2, Titus 2nd Addition 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 e~tension to your approved Variance Resolution's 99-025PC & 99-026PC, provided you file this request with the Zoning Administrator before the termination date of December 13, 2000. Failure to acquire a time extension will result in the cancellation of the approved Variances. If you have. any questions about this matter, please contact me at 447-9854. Sincerely, ~ Steven Horsman Zoning Administrator/Inspector . 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 November 17, 1999 Mark Liesener 2829 Overlook Circle Bloomington, MN 55431 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the November 22, 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 me at 447- 4230. Sincerely, {hltt~~~ Connie Carlson. 1 Planning Dept. Secretary Enclosure J:\d~ptw..ork\blankfrm\lr1~tltr:..doc Page 1 16200 cagle Creek Ave. ~.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minnesota Department of Natural Resources , ' DNR Waters, 1200 Warner Road, s1. Paul, MN 55 R r;:::;. T~: (651) 772-7910 F= (651) 772-I~ N: ~:: ~ ~ November 17,1999 Mr. Steve Horsman City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372-1714 RE: Variance Hearings, 15432 Red Oaks Road (Marvin Mirsch, Sr.) and 4510 Jackson Trail NE (Mark Leisner) Dear Mr. Horsman: I am in receipt of the materials you forwarded regarding the public hearing scheduledfor Monday, November 22, before the Prior Lake Planning Commission, to consider two variances within shore1and areas. Please provide the following DNR comments to the Planning Commission for consideration at the upcoming hearing. 15432 Red Oaks Road, Marvin Mirsch, Sr. I've had several discussions with the applicant overthe past couple of years regarding the redevelopment of this property. I am pleased the proposed home location attempts to maximize the setback from the bluff, and encourage the city to favorably consider the street setback variance requested. I would recommend the 6.5 foot by S. 7 foot existing shed located on the bluffbe removed. If existing structure and/or other existing improvements are remOved Qike concrete pads and steps, wood steps, walls, etc.) site restoration and proper erosion control will be impOrtant features to be addressed in a building permit Any work proposed at or below elevation 904', including the maintenance, repair, or replacement of the retaining wall, requires DNR review, and possibly a permit ,~ 4510 Jackson Trail N.E., Mark Leisener The materials I reviewed provided no rationale or explanation ofhardship for why the property cannot meet the low floor elevation requirement. DNR is not supportive of a variance from the low floor requirement The subject watercourse, which is also part of the Prior Lake outlet system, is most likely going to experience more water being conveyed in the future. I had trouble reading the contours off of the plan, but it appears the proposed low floor elevation of 803.2' is 0.1 foot below the top of road elevation, and less than one foot above the ordinaIy high water mark (top of channel bank). I recommend the variance as proposed be denied, and the low floor meet the requirements of the ordinance. The applicant has the option of providing the technical data which identifies the calculated l00-year flood elevation, one foot above which the low floor could be set. Until such time that data become available, I find no justification for variance. Please call me at 651-772-7917 if you have any questions. q:' Patrick 1. Lynch ill DNR Area Hydrologist Jr.--r ~ Q. -----, ~ - DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity '\ Printed on Recycled Paper Containing a t.... Minimum of 10% Post-Consumer Waste October 14, 1999 Pastor Mark Liesener 2829 Overlook Circle Bloomington, MN 55438 RE: 4510 Jackson Trail N.E. Lot 13, Block 2 Titus and Addition Dear Pastor Liesener: This letter is to clarify the list of requirements for the above project. In our phone conversation of October 12, 1999, I understand that you are dissatisfied with the City staffs additional requirements imposed upon the project. It is my understanding that additional information was required after City staffhad submitted an initial list of requirements. The City has been delegated the responsibility for implementing city and state shoreland requirements. In a subsequent conversation with the Minnesota Department of Natural Resources it was brought to staffs attention that this lot was in the shore land district. This requirement was presented to you at a meeting you had with City staff on October 11, 1999 . We apologize to you for this omission. The following requirements are needed to continue the plan review process: 1. Proof of recording of Resolution 99-21PC approving a variance for the lot to be buildable. This document is to be recorded at Scott County. 2. The lowest floor elevation must be at a 805.9 feet elevation. The Prior Lake City Code Section 1104.308 (3) b. High Water Elevations: states in part, For rivers and streams, by placing the IOl'.'est floor at least 3 feet above the ordinary high-water level. Sue McDermott, Acting City Engineer, in conjunction with the Prior Lake Spring Lake Watershed District have established that the top of the bank elevation of 802.9 is the ordinary high-water level for this lot. In raising the proposed house to this elevation, adequate grading and drainage will need to be maintained. By elevating the house, the driveway and adjacent grades will be steeper. Daylight windows around the perimeter basement or retaining walls incorporated into the grading may be an option for establishing a landscape that is aesthetically pleasing. \ 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER / 1 ./ I ./ The submitted infonnation will be reviewed for code compliance. City staff foresees no further infonnation will be required to be submitted. If you choose to redesign your project, the design will need to be reviewed for approval. I hope this clarifies the issues that have been raised. I and the staff want to work with you to reach a expeditious conclusion to these matters. If you have any questions, please call me at 612-447-9851. /', SiDCjW$ Ci:r~r Robert D. Hutchins Don Rye Building Official Planning Director Sincerely, '- --jp~-tf Sue McDermott Acting City Engineer cc: Michael Hayes Homes Lani Leichty, Water Resource Coordinator Steve Horsman, Zoning Administrator Paul Baumgartner, Plan Reviewer f ~ .. '.. '" i:.fj "..1 '1 ",1 I',) + ~. ..,I U: ..,I 'UI-':S: Ii 0'\ Ii ...' N 0 o 0 00 Ii 0 rT t"ltI:l(l) ill ill <: '" <0 (I) (I) I-'::r: ~ (I) 0 :s: () Ii Z ~ ~ U1 (I) ill U1 '" ::l w -..J ~ N (I) " , , " 00' . tI:l (Jl {i' (V .' (,) --' -' - - .....COOJ .....W- 0010 ~ o 00 ~ 3 ....~, -. "'::l ::loce ce~_ --0 g ~ ::l ~ C. r S:>s, z<::r 01!l>~ O1(J)Dl ~, ::l f\) (') o ::r c .... (') ::r \ \,. \ .....-..--. :1: () " (Il I i.)J 'J , ~ ' ~ ~ f ~ '"' ~ (ftl ,,--........ c: Mary Lyon CIl;.. ~"'.~, ~, ~,;\~., !, "-".'..YJ Ai, . "~\.. " . , ;'t', \ \ \ . ! i 1 ~. ,> MEMORANDUM DATE: TO: FROM: RE: CC: '" October 13, 1999 Robert Hutchins, Building Official Steve Horsman, Zoning Administrator ~ B. P. #99-956, 4510 Jackson Trail Don Rye, Planning Director and Jane Kansier, Planning Coordinator On 10/12/99, staff met and concurred that a letter addressing Mr. Leisener's concerns was appropriate. The correspondence should include the applicable code sections and additional information required in order to approve his building permit. The following code issues need to be addressed and complied with prior to permit issuance: 1. Resolution 99-21 PC approving a variance for the lot to be buildable shall be filed at Scott County (see attached code 1108.413). 2. The outlet channel from Pike Lake that runs through the subject lot is within the Shoreland District. Code Section 1104: Shoreland Regulations: Subsection 1104.200 Tributary Streams; 2. Unnamed Tributary; Section 23. Development is restricted by the following Codes (see attached Codes): a) Section 1104.306: Impervious Surface Coverage: states in part, impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application. b) Section 1104.308: (3) High Water Elevations: states in part, For rivers and streams, by placing the lowest floor at least 3 feet above the flood of record. c) Section 1106.406: Wetland or Detention Pond: reads in part, the subdivision grading plan shall indicate a minimum setback of thirty feet measured from the 100 year flood elevation of the wetland to the house location. Any questions my extension is 219. MEMORANDUM DATE: TO: FROM: RE: CC: October 8, 1999 Paul Baumgartner, Plans Examiner Steve Horsman, Zoning Administrator B. P. #99-956, 4510 Jackson Trail This site has been determined to be in the Shoreland District and an impervious surface calculation must be submitted by the Eng.lSurveyor. Resolution 99-21 PC approving the variance for the lot to be buildable must be recorded with the Scott County Recorder prior to permit issuance. Survey to show a minimum 30 feet distance from the proposed structure to the 100 year high water level of the outlet channel on the lot. Lowest floor elevation to be 3 feet above the flood of record if data available or the ordinary high water level of the channel. - Established in 1962 INVOICE--NO. ses,~ F.B.NO. 838-07 ,08 SCALE: 1" = 30 I LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avenue North 612-560-3093 Fax No. 560-3522 o Denote. Iron Momment o Denotes Wood Hub Set for excavation only xOOO.O Denotes Existing Elevation @ Denotes Proposed Elevation .. Denotes Surface Drainage NOTE: Proposed grades are subject to results of soli tests. Proposed building Information must be checked with approved building plan and development or grading pion before excavation . and construction. Property is located in Zone X per dla4 CODlllUnity Panel No. 270432 0002 C IJ , : Proposed Top of Block Dated Nov.ember 19, 1997. 60Cj.-z.:, Proposed Garage Floor , fJ01(Z- Proposhd Lowest Floor TY~~f Building 5 &v~~ ~r &J11L1 NOTE: Garage dropped 1 course total ~~Pf)~ /'" ,~. I I . I )) / Minneapolis. Minnesota 5542B ~urUtyorJ attrtifirntt GREG SCHWEJCH, 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~~OH ~\L 11 ( fto11-\ \ L-L. A \~Jx 1fA\ L.) ^,v-)., ~~" tWo . 'M:'" ~'J, V qy IV" ~~ ... [L.;! _' -~~l.~.~.~-t\1II0;,40- '> /"., ~~ ~ ~ I t I qfl':' "", 7 I : I ~ /: ~ ~ #!t~/ ~ - - I.. i@.j,_______<>'" l R~I 1: /1iJ.p ~'tfJ)o~ : t;.O #,' J.... I /~~ ~ :#CfJ ~ ~ ~,~ ~'1~i @ '" t ';"/' , (,if. ~Jl~ N ~~ :; ~~ ,r(i'~ ("w,~ 1/,. 1 ~. / I II \\J ~r~~~~ ~ ~ 'J'" tY. #v I I U\ t\. l.... / : / ( .' ~{~ '\o.~ ; ~ ~ ,L l' J I I ( i I : 1/ I f \c; 0 2JJd 'c;. 0 f:"" o-t',..... @) ~<> bl't Y. \ f I ~~, \ V" . r.p<Y \ I ':'t.,o":- .cu ~ I~ I 10 I - -r st1/t./7Y I I I I t}'Y l.~ '1J~' ~~ J I ~ ~ I I It 1 , \ , \ lo1.b '); :S \-- Lo-r ~~A: ~ 4-"'"l.~ ~.~}.. t':1~ A~ fl.e~ ~on;: ~t..f;\lAn(?N 0 r: ~I.o.r? ~"(iF- ttJL"~r---r " ~o3.? r;>~ \ I J ~ lfJ I vi 'tP'/ ", '0 ~. ~ \ , \ \ \ \\ , \ ) goS.5/ / /' \ \ I (lM/~/A4e. I <s t:HS~1101r~ '. /~- f r#J~ ,. / // ,/ ... ~ ....,r....- ,..,.. /' ~ .,,,(\/... ./' ~.,./ VJ /' ..,...-/ \?/'J' ,/ "'"' /\ ./ ,....... ..../ /' ,- /' ",- , ,"". ./ Lot 13, Block 2, TITUS 2ND ADDITION /' ,/ /' ,/ lJa" ,Q / l1Qh--- . .\.1 Signed ~4..J .' \'2- -I?-oltJ~~ ~.l'd..-~l ~' ~..11'U" Chm8!1l f. Anderson. Minn. Reg. No.2175J or V\?'~O ~ \', \.;r~ Gregory R. Proltch. Nlnn Reg No. 24992 ,- The only easements shown ore from plats of record or informution provided by client. ; .- We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of 011 buildings ond visible encroachments. if any, from or on said lond. Surv~yed by us this 9th day of July 19~ Established in 1962 INVOICE--NO. 53642 F.B.NO. 838-07 ,08 SCALE: 1" = 30 I ''!J{'/ LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avenue North 612-660-3093 Fax No. 660-3522 o Denotes Iron Monument MICHAEL HAYES NOTE:Proposed elevations shown recommended by builder. o Denotes Wood Hub Set for e>ccavatlon only xOOO.O Denotes ExIsting Elevation @ Denotes Proposed Elevation ...... Denotes Surface Drainage NOTE: Proposed grades are subject to results of soli tesls. Proposed building Information must be checked with approved building plan and development or grading plan before excavation and construction. Proposed Top of Block Proposed Gorage Floor Proposed Lowest Floor Type of Building fVu- ~f~r ~4~r 1~~nCIIlI ~r. \ "{I' r'~' ,/ : ),! MinneapoUs. Minnesola 66428 ~ur\JtynrJ Clttrtifirntt 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 f)IL9 Conmunity Panel No. 270432 0002 C €>f1,4 Dated November 19, 1997. 1>03.1,. r J ~ ~ I ~\L 1'fA\l..) ~v ~ ~. t.. . ...L-? fJ'J' - -\ \O~.~ - ".M9 I I tf'':D f(}" I I ~' r7' I I _ if; I :: t .~ ~ : I ~>' I I ~ ,vii ;I.:' ~ @ ~----i ~. ~. !#V~' II I o-\~.o:ll- -- -1- =~iei \,;:b-o I / lot II #0- '\ '" ~Z~~' -~ oi~ rtfJ. $N ~ ~v .; /': f I ~ ft2O(~~~ -~ ~ \ \ &' ~ ~ot.t\C)t.. ,m ' \ / \ (\l I 1~- ,;'-1'1.'0" II \ / r#':' ~ @I\I m'o":- cJ~q ..J _ ~ ~10\ - Qf' \ \~-----~ l-v/ #' ",":-@\.,f'" \<;,0 I}~ ,:-> ~ / \ I :~i,~~ "', · tfj t 10 I \ I I I ~ '> i /II-~ l'" (I I : JA{;~~oH \J ( fW11'\ \ \....l; ^ \V.-Jt. . /' 1~" ___, #. -=-_Jl~1- ~._--,=,=,~'o.==="___ , __'. \ - cL D ~ -:s ~ "L ~~ ~ :S \- ~ \\.) #~ f~';. / ..... ,/ 1 I \ \ 101.b " ..../ /' ,/ "... f" ./ /' Lot 13, Block 2, TITUS 2ND ADDITION ..... /" ,.. The only easements shown ore from plats of record or information provided by client. .;- We hereby certify thot this is a true and correct representation of a survey of the boundaries of the above described land and lhe location of 011 buildings and visible tlncroochments, if any. from or on said land. Surveyed by us this 9th day of July 19~ - /'" Signed Charles F. Anderson. Minn. Reg. No.2175J or Gregory R. Prosch. Mlnn Reg No. 24992 '> LOT SURVEYS COMPANY, INC. LAND SURVEYORS . , . . REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avenue North 612-660-3093 Fax No. 560-3622 Established in 1962 ~ . Minneapolis. Minnesota 55428 g,ut"ut'ynrll att'rtifirntt' INVOICE~N(). 53642 F.B.NO. 838-07,08.' SCALE: 1" = 30' '--3," o Denotes Iron Monument o Denote8 Wood Hub Set for excavation only xOOO.O Denotes Existing Elevation ~V Denotee Propoeed Elevation .. Danotes Surface Drainage NOTE: Proposed grades are subject to results of soli tests. Proposed building Information must be checked with approved building plan and development or grading plan before excavation and construction. MICUAEL HAYES 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. ~, ..4-"7 R')' - -\ \P~."'1l/ -- - I I qf1':' ~o 1I.;#. <4 / I ~ $-~ 'f" / J /.~I I~ I m~' ~ I '(> 1 1. f! I I ,,~ ~! I "1' .r!<>-' r:jIJ.~ . '/ A't ~ !~~ " ,j''!J A If: ~ \/, / / " t~-~I-~-t~~~::i' 'r-:-;.,-9~ jr/.;./;I I It;. 0" ~i' ..-.. _.1 ,- =~ \'30 . \'7.L/ . I / If 'Ii , ./II" 'Yl! t Yi' -a: t V'It- ~ ftOr(ft?~9 _~ _~ . ~ / ( [{ I ~ 1,'1 ~OfAW(:'- ,3"-0.'" f' \ r I . ~~ 1 Orz::~ IV \ QY' \ I _rf" \ ^ lC?O -...I.:> 4 \0 +- I{J" 0'1,0- 0-":' _...:::1_ [ \r::. 'r.9 I ~ VI of"'" qf":-@,fJv..7_ol f vYl~ ~ / 10 I ~~~ '~/ '- f~r1U7Y I Cl,M/1I//4c e$t:f/lvln-i (5 / ~. ,-- f I I I "] .. V~~'-_ ,.J * "> ----.-.--.... ~ ct- D <.\' I J l'l "'L ttP'~ ~ :5 \- ~ ~ .\. \. '\ , /'0../\.\ vP,V:-, <vl" '.\ JAv~~OH 1..\1) !'\ ( (tOfl-\ \U- A %:1< tJf'~ f(}I --'T--- j ~\L ~\\-) ^'v~ ,Jf1. /Rl ~~ ) I i? ~ I r~':- \ \ l \ \ \ ) gorJ> I / ,,/ .,.. ,/ I I \ ~o1.b / ,,/ .' \(J<< /' /r /' ......,,/,...\?f'J' /' ,.// ,..../ /'" ./ /' / LOI A '(43. A : 3 4-1o'Z.t? ~,?-I-.. t?:Jby Ac. ~ ~ 'So ,.io~ : ~L-f;\I.A-r{ 0 N 0 P ~;... \? O"fiP- c..u Lvi:i 1Z-1' .. e,o 3~? -- ! \ t \ ........ , \ ) ~E~EU~En OCT 6 1999 U i:=/ \ Lot 13. Block 2, TITUS 2ND ADDITION ,/ ./ / /" /' / The only eosemenls shown ore from plots of record or inlorrnotian provided by client. .....,,- We hereby certify thai lhis is 0 true and correcl representation of a survey of the boundaries of tho above described land and Ihe location of 011 buildings and visiblB tlncroachmenls, if any, from or on said lund. Surveyed hy liS this~duy of Jul y 19-M I \~O ~ l I \';l~ SIgned Charles r. Anderson, Mli'm. Reg. No.21753 or Gregory R. Prosch, Wnn Reg No. 2499Q .~E I ~ I 1!i -}iJ~~ m .. '. ~ ~ ... > 1ri ---..--- <:;r:n c ~ rn " ;! " ~ i'i s: rn '" s: rn " ). "'~-:-()()()()();o;o;o;o;o)> Oa-"lnl..WN':"J,.W~;"tn -t$- ~i~f[f~~!~J!i~i\-- ~ ~~~~~ o3ol?",,.~. ~ _ ;;: _ ~ ~ ~ ~ c c .'" Q.c-1Il OJ"" =' ~I! 0 9 a ~;.\' ~ I!'_~_[ $ ~ ~-< ~ il.:z_ (11- i!l. ~ ::l ~ to ~ (Il c ~ _. - :; ~ ~_ 11 ~ fj Q ~~ 3 ~ 6" .' ~ ~ ~ ~ III t: ~ 3 a: ~ i' 0: ~ . VI ~ - ~33~;!h ~ 3 a 53-<1!1.1i ~1 ~ ~_~.~ ~ -u - - 9!.~ e: ...... ~- 1!1. -$- # III 1[, :.1 ------'--------!:- --------[---_._. ;, ( , I ---- i - ; I I ' , .------------.-J-r------.------ - -..- I I I . . i . l I -.---- . , ____~__L____ ~~~I II .\ [!:h. -$- RE ~iSED E8la bUshed In 1002 LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED' UNDER TilE LAWS OF' STATE OF' MINNESOTA 7601 73rd Av.nu. North 612-600-30113 rax No. 000-3622 INVOICE--NO. 53642 F.B.NO. 838-07 ,08 ' SCALE: 1" = 30' ? 181T A IJlnn..polt.. IJlnn..ola 66'26 ~Urltryor.s ffirrfifintlr o Denotes Iron ~onument o O.not.. Wood Hub S.t for excavation only .0000 O.nol.. Exl.tlno EI.vatlon 8 Denote" Propolled Elevation ~ Denotel'l Surfoce Dralnoge II 'll\'~ i}~J 'b~' ~--- , K .jP' MICHAEL HAYES NOTE:Proposed elevations shown recolTlllended hy builder. NOTE: Proro9~d g-odfJS or(ll "ubject to resulh of soli tests. PropO!fJd bulldln9 Informallon must be checked with approved building pion and development or Qrodlng P'erI uefore fJ)(covotlon and construe lion. Property is located in Zone X per f) 11'1 T Cornnunity Panel No. 270432 0907- c~f"opo."d op of Olock Da1;ed November 19, 1997. ~!:r'l ~f"OPo."d Goroq" Floo' . -"',' .~1 ~3, !--_ Propo.~d Low..t Floo, L;<( ) Q&/.'1 -rI? b.\ L Type of Dulldino \ ~\"'I< fVu... BA:.t:11E0r 'ifA\L...) ( / v..IAt.-lwvr . ^'v 1P< ~ Jf1' ~~ "rj'):V ~<:0' Property located in Section 23. Township 115, Range 22, Scott County, Mi nnesota No flood elevation available from City en9ineering or watershed dept. LO\" /11-eA.'. ? .j.1o'Z.€:> ~.~k 0.1') .A? iZ- e '? qf1~ I>) I.. -\ 10'2-.40 - ~o ,jon:: i<"L,Eo"^"I,O/J "F JU'J... (/ 0 v er,z- tu Lvl;; F-'f . !!)o 3.? I I S> .D E I "1'1 ~ It- ..q-~ ~ --:la-. r>ZO(00t:t7 'I -:.~ jtihlOu\Vt..'" ;;;,., ?,ii'-'" 1-., ,-- rr:> r= n \ ,- ~':-- " ''\ \ I '-: ~ L? I I ''.! '- - I :.1 i J;"-=' .. ,:-,:::,._>-,_:-, !: : i:, ;'/i\ OCT 2 q I~ 11 i ii h\ i - i) !U\JI ~ '0 # ~1 ' , \ \ I ~ U5J~~ ~~~ f~1-r/i.1TY I O;:AIII/l,:,c ! (S tY?'30101T"" -:.:::. " j <-. -- . <tJiO> I I \, ~o1.\' Lot 13, Block 2, TITUS 2ND ADDITION ./ / VJ'\/ ./~, ..../ /\(/- ~...../../ The only ensements shown ute -(rom plols of record or inlormtllion provirlad by client. ~- We hereby certify 'hot thi!'! is 0 true ond correel represcnlnlinn of o ~H"vey of the boundorle!'l of tho obove de~crlhecl land olld Ihe locnlion of 011 buildings olld vi5ihl~ uncrooclvT1enl5. It noy. 'rom or on Roid Inl\d. ,,~~ ~Q 1 aQ~- July eh",I_. r. Ande,.nn. Minn. Reg. No.2175.J or (~r~9ory R. Pro!'lch. lJInn Rt'lg No. 2"'992 511rvnyud hy 118 Ihi~-.2.1JL-duy or 19~ '-:'>~O ~ \ ',\~~ 4510 Jackson Lot 13 60 0 60 120 Feet I ~ N