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HomeMy WebLinkAbout08-22-11 PC Agenda Packet (2). Approval of Agenda Consider Approval of August 8, 2011 Meeting Minutes: tes: r Public Hearings: A. E 11-1 o: Co er Christ*(e arl aces. David Coker and Carter Christie have submitted an application for variances from the minimum required lot width in the Slnoreland District and -1 Low Density Residential Zoning District on site of approximately 1.5 acres of land to be designated as a registered lard survey. The properties are located at 5994 & 600215o Street NE. B. #EP 11-120: Coker/Christie Registered istered Land Survey. David Coker and Carter Christie have submitted ars application for a registered land survey on site of approximately 1.5 acres of land to be designated as two tracts of land for two single family hone sites. The properties are located at 5994 & 6002150th Street 1. 5, Old Business: None* . Now Business: None Announcements and Correspondence: None . Adjournment: LAI I FILE 111 PLANNING I I ION\I I A ENDAW1311 Agenda.do Phone 952.447.9800 / Fax 952.447.4245 w%mcit Upriorla . com PLANNING COMMISSION MINUTES MONDAY, AUGUST 8, 2011 1. Call to Order: Planning Commission Meeting Minutes August 8, 2011 Chairman Billington called the August 8, 2011, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Roszak, Howley, and Billington, Planner Jeff Matzke, City Engineer Larry Poppler, Assistant City Manager Jane Kansier and Development Services Assistant Peter Aldritt. Commissioner Perez was absent. 2. Approval of Agenda: MOTION BY HOWLEY, SECONDED BY ROSZAK TO APPROVE THE AUGUST 8, 2011 MEETING AGENDA AS PRESENTED. VOTE: Ayes, Perez and Roszak. The motion carried. 3. Consider Approval of July 11, 2011 Meeting Minutes: MOTION BY ROSZAK, SECONDED BY HOWLEY TO APPROVE THE JULY 11, 2011 MEETING MINUTES AS PRESENTED. VOTE: Ayes by Howley, Billington, Perez and Roszak. The motion carried. 4. 0 In Public Hearings: #EP 10-121 Bluffs of Candy Cove. Jason Miller has subitt( to building setback, lot area, and bluff impact on a site consi land to be subdivided into 3 lots for single family homes. Thi Cove Trail, north of TH 13 )n application for variances related g of approximately 1.07 acres of roperty is located east of Candy #EP 10-122 Bluffs of Candy Cove. Jason Miller has submitted an application for combined preliminary and final plat consisting of approximately 1.07 acres of land to be subdivided into 3 lots for single family homes. This property is located east of Candy Cove Trail, north of TH 13 Planner Matzke presented the request to considerJason Millers application for variances related to building setback, lot area, and bluff impact, and for his combined preliminary and final plat application on a site consisting of approximately 1.07 acres of land to be subdivided into 3 lots for single family homes. The property is located east of Candy Cove Trail, north of TH 13. The topography of the area is very steep all the way from the 904 up to 984 elevation. Access to Candy Cove Trail is through city owned property. Due to the steep bluffs on which the property is located, this plat involves some major engineering to allow for access from Candy Cove Tail and to allow for housing pads to be placed. Questions from the Commissioners: Billington asked Poppler, if he saw any of the project as being in a status that defies resolution, or do you believe that a few tweaks here and there it can be resolved in the best interest of all parties? Engineer Poppler responded a number of the contours are not quite lining up. They can be overcome through some additional engineering. Eventually we will get there I believe. Howley asked these lots are proposed lots and you mentioned the Minnesota statue law referring to lots of record does this make a difference that they are proposed lots? L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc Planning Commission Meeting Minutes July 11, 2011 Planner Matzke responded he is creating three new lots, but they are coming from the 5 original lots and those five original lots are lots of record. The applicant is more or less moving lots lines, and those lot lines come from lots of record. The applicant is moving the lines so the new lots are able to more appropriately fit a home of today's standards. Roszak asked I just have a simple question. It appears that lot number one that the lot line actually crosses the right away of highway 13. Is this correct? Planner Matzke responded yes the right away for Highway 13 is interesting in that when it was acquired by the state, there was a portion that was not acquired for easement by the state. The applicant is looking into using this piece of the property as possible ponding for storm water runoff. A MOTION WAS MADE BY HOWLEY AND SECONDED BY ROSZAK TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Howley and Roszak. The motion carried. The Public Hearing began at 6:33 p.m. Comments from the Public: Jason Miller Project Manager It has been a complicated project. We have been trying to compromise and work with the needs of neighboring property owners, the city and MN DOT. We are trying our hardest to try to combine five that don't meet the current standard into three lots to very closely meet the current standards. It was important to us to keep 1 provide the best look from the lake and from Highway didn't want to complicate the situation by submitting m next to my neighbor Mark Toohey but we have a bit o1 where we are going to need to put some of our retainii switch back to our option number one that is to place 1 work something out with my neighbor, I think that wou the best. he widths the same as we thought it would 13. The comments I would like to make is that I ultiple options on how to grade the new entrance a conflict with the layout of the access land, g walls. I would like to leave the option open to wo shorter, tiered retaining walls. If I am able to d be the best option and keep the look of the lots Billington commented you have done a great job here, you have done a lot of planning and I think you will find that the staff here is more than willing to listen to comments and work with you to get a finished product. Thank you for all your work, it is in our best interest as a city to develop land, increase our tax base and enhance our quality of life. Howley asked as .teff recommended the developer tweak the plans to meet the side lot on lot 2, are you ok with doing that? Jason Miller yes we are, I am kind of sad that it was positioned on the plan that way. Howley stated ok good then that variance is out. Howley asked has any of these plans been submitted to MN DOT? Jason Miller responded yes I believe staff have been sending the plans to MN DOT. Planner Matzke responded yes staff has been sending the plans throughout the process to MN DOT and their comments and reviews have been taken into consideration. LAI I FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc 2 Planning Commission Meeting Minutes July 11, 2011 Howley asked do you have a temporary grading agreement with your neighbor? Jason Miller responded no we do not. Howley asked so the plan that we need to focus on is the second one with the big retaining wall? Jason Miller responded yes at this time that is the one we need to focus on, as my neighbor does not have to grant me and easement to grade on his property, but I would still like to keep grading option one on the table which requires grading on the neighbors property in case an agreement can be reached with the neighbor. Howley asked back in the 60s when MN DOT granted the easements for Highway 13, what were the compensations to the land owner? Jason Miller responded I am not entirely sure of that because I could not find the records of when MN Dot granted the easement. Howley stated the reason I ask is I wanted to make sure t the 60s that if there was compensation made then that we Roszak asked who will put a fence on top of the wall? Jason Miller responded I will put the fence u Kathleen Pribble 5584 Candy Cove Trail, stated that will all & project that there would be a little more for mark and the retain property. en the land was taken by MN DOT in not allowing double dipping now. rk and effort that has gone into the calls that would be in place on his Shelly Hines 5540 Candy Cove Trail, when I moved there my only concern was highway noise. The elevated land blocking the highway noise down the street is beneficial. I am hoping for the neighbors sake that when this land is developed there is as much sound buffer in place as possible. Billington asked Matzke had asked the commission if they would like to continue the public hearing? Matzke stated it is ultimately up to the 'Planning Commission but if you do decide to continue the public hearing you need to set it to a specific date in the future that you would be continuing the public meeting. Howley stated I '"agree with staff report that there are many engineering issues that need to be resolved. I cannot recommend any variances or the plat with these issues unresolved. Roszak stated given the difficulties of this site I would too support a continuance of the public hearing. Billington stated I too feel the same as my fellow commissioners I think we need a little more time to fine tune the plans. I will entertain the idea to keep the meeting open until September 12t". Mr. Miller are you alright with that? Jason Miller responded I have already talked with our engineer and we could meet later this week and re submit revised plans in two weeks. Billington asked Jeff how are we doing on time? LAI I FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc 3 Planning Commission Meeting Minutes July 11, 2011 Planner Matzke responded the meeting in two weeks will be difficult to meet just in terms or reviewing plans and getting comments back in time. Once City Staff gets revised plans we have two weeks to review and get comments back. We can do it sooner but it will be tight with getting comments to Jason's engineer and then comments back from City Staff. Billington stated with that being said, we want to do it right here so it would better if we plan on meeting about on September 12t" Jason Miller asked I guess then that would put the City Council meeting Planner Matzke responded yes potentially it could go to the City Co plans submitted are complete and comments are resolved. A MOTION WAS MADE BY HOWLEY AND SECONDED HEARING. VOTE: Ayes by Howley, and Roszak. The motion The public hearing was motioned at 6:54 p.m. Commissioner Comments and Questio None 5. Old Business: A. None 6. New Business: K TO after? week after, that is if all the PEN THE PUBLIC A. A. Consider a request for an easement agreement with private property owners along West Avenue for consistency with the 2030 Comprehensive Plan. The easement area is located east of Bass Street northwest of Lake Front Park. Engineer Poppler presented a request for an easement agreement with private property owners, Burt and Georgianne Olsen over city property to access their home. The current driveway is across city property. They want to memorialize that easement. Where the access is it is undeveloped and there are not any trails or buildings. Because of the topography of the area their driveway access is very steep and windy, it is only 8 feet wide, they would like to make improvements to that access now that they are building their new home. The proposed drive is 12 feet wide and would straighten out the driveway. There would be a short retaining wall that would be in place. There are topographic challenges that we are trying to overcome by granting this easement here. The Olsens would be compensating the city with this easement. We have set a per square foot price based on previous easements that the city has had to acquire. This new access will provide better erosion control and better access for the city's emergency vehicles. Planner Matzke added as one of your duties as a planning commission is to be in compliance with of the 2030 Comprehensive Plan. Part of the plan is the improvement of safe and navigable roadways and driveways. This easement will allow easier and safer access to the Olsens and the other homes off of the drive. LAI I FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc 4 Planning Commission Meeting Minutes July 11, 2011 Burt Olsen 15753 West Ave SE stated the only comment I have is I want is we do appreciate the park very much we are not trying to take a piece of it for ourselves. We have been using the property since 1965 and just now we realized that we were encroaching on the park. This new access will allow better accessibility for us, our neighbors and allow the city to access that side of the park Commissioner Comments and Questions: Howley asked I am assuming the Parks Department is o.k. with this? The costs of all improvements are worn by the Mr. Olsen? Poppler responded yes Howley I did contact one of the adjacent property owners to get his opinion on it. He seemed perfectly o.k. with it. That was my only concern. I will be supporting this. Roszak commented it meets the objective of the comprehensive plan and I will support this Billington commented I too will support this A MOTION WAS MADE BY ROSZAK SECOND BY HOWLEY TO APPROVE VOTE: Ayes by Howley and Roszak. The motion carried. 7. Announcements and Corresponden Planner Matzke presented the former chair and commissioner Brian Fleming has resigned as of August 1 st. The city staff is looking into doing some passible interviewing to fill that spot, however that process does take a couple months to do so. The end of the officer's term is in October and staff is thinking it might be in the best interest to wait until those terms have expired to fill the new position. Also on September 24th there is a joint workshop with the City of Prior Lake, Elko -New Market and a few other cities in Scott County and Dakota County. The workshop will be going over CUPs, Variances and findings of fact. Billington asked what is the schedule for this month Matzke responded there is a meeting on the `"22nd with one scheduled public hearing. You will have your September 12th meeting as well. MOTION TO ADJORN BY HOWLEY SECOND BY ROSZAK TO ADJOURN THE MEETING. 8. Adjournment: The meeting adjourned at 7:10 p.m. Peter Aldritt, Development Services Assistant LAI I FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc 5 AGENDA ITEM: 4A SUBJECT: CONSIDER VARIANCES FROM THE MINIMUM LOT WIDTH REQUIREMENT To ALLOW FOR A REGISTERED ED LAND SURVEY WITHIN THE SHOE ELAND DISTRICT & - 1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT SITE ADDRESSES; 5994 & 60021BOTH STREET PREPARED ED BY: JEFF MAT F E, PLANNER PUBLIC HEARING: X YES NO -N/A DATE: AUGUST 22, 2011 INTRODUCTION RODUCTION David Coker & Carter Christie have requested variances from the minimum required lot width in the Shoreland District and R-1 (Lover Density F esi ential) Zoning District to allow for the approval of a proposed registered lard survey. The properties are located along the shores of Lower Prior Lake at 5994 & 6002 0" Street SIE, gest of Pixie Feint Circle, and east of Lori Road. d. The applicants request the following variances: Tract A property 5 foot variance from the required minimurn 90 lot width requirement ire the Shoreland Ordinance (Section 1104.302 (3)). Tract B property • A 9 foot variance from the required minimum lot width requirement in the R-1 Zoning District Section 1102.405(3)). BACKGROUND The properties are zoned -- (Lour Density Residential) and SD Shoreland Oveday District), and are guided -LD Urban Love Density Residential) ential on the 2030 Comprehensive Flan Land Use Map. The properties are currently utilized as two separate single-family home sites. DISCUSSION The applicants are proposing to transfer a 7,464 square foot area of lard from the property located at 5994 150th Street to the property located at 6002 Sot' Street. The property at 5994 150th Street is currently 75 feet in width at the front card setback line. The property at 6002 15& Street is currently 2 feet in width at the front card setback line. According to the City Ordinances the minimum required lot width for non -riparian, R-1 zoned residential lots is 86 feet wide and 90 feet wide for riparian, R-1 zoned residential lots. The applicants proposed land transfer will not reduce or lengthen the existing lot widths. Therefore, the proposed newly r created lots will require variances of 9 feet (5994 150th Street) and 65 feet (6002 150"' Plione 952.447.9800 1 Fax 952.44 x.4245 Nv%vw. 1t sof rior1al- . oni Street) form the minimum lot width requirements. The approval of the newly created lots as registered rand surrey is contingent upon approval of the requested variances. ANALYSIS Variance Hardship ronin Section 110.00 states that the Board of Adjustment may grant a variance from the strict application of the provisions of the Zoning ordinance, provided that: (1) There are practical difficulties in complying with the strut tans of the Ordinance. "Practical difficulties," as used in connection with the granting of a Variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties exist for the property owners to transfer the ownership of a 7,464 squame feet area of land. The properties will not increase in nonconforming lot width as a result of the land transfer. The property owners propose to use the property in a reasonable manner, mer, the manner by which it is currently utilized, under which the current lot widths are not permitted by the Zoning Ordinance. (2) The granting of the Variance is in harmony with the general purposes and intent of the City subdivision and Zoning ordinances and the Comprehensive Plan* The granting of the lot width variances are within harmony of the general purposes of the Ordinance. The property is designated for [ow density residential development under the Comprehensive Flan andZoning Ordinance and the granting of the variances will achieve the purpose of the Zoning ordinance to #`promote the most appropriate nd orderly development o the residential, business, industrial, public land, and public areas. " by allowing for the property to be regally designated as a registered land surrey= (3) The granting of the Variance is necessary to permit the reasonable use of the property involved. The variances are necessary to use the property in a reasonable manner, the manner by which it is currently utilized, under which the current lot widths are not permitted by the Zoning Ordinance. (4) The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. The practical difficulty in this case is due to the unique shape of the existing properties. The applicant does not proposed to increase the nonconformity of the lot widths of the lots under the proposed registered land survey but rather intends to alter the length of the lots. (5) The granting of the variance will not alter the essential character of the neighborhood or e detrimental to the health and safety of the public welfare. The granting of the variances will not alter the character of the neighborhood. The neighborhood along 150th Street includes many residential lots which also have existing nonconforming lots widths such as these properties. (6) The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located* The proposed uses of the property are single-family residential dwellings which are a permitted use within the R- ow Density Residential) Zoning District. t. (7) The granting of the Variance is necessary to alleviate an inadequate access to direct sunlight for solar energy systems. The current proposal does not involve any proposed solar energy systems. CONCLUSION The applicants are proposing to transfer a 7,464 square foot area of land from the property located at 5994 150th Street to the property located at 6992 50" Street. In order to allow for the approval of a newly proposed registered land surrey for the land, variances from the minimum required lot widths for both properties must be approved. The applicants proposed land transfer will not reduce or lengthen the existing lot widths or alter the character of the neighborhood. Therefore City Staff recommends approval of the requested variances subject to the following listed conditions: This resolution must be recorded at Scott Counter within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. it. . The City Council approves the proposed registered land survey stamp dated July 19, 2011. ALTERNATIVES 1, Approve any variance the Planning Commission deems appropriate in these circumstances. 2. Table or continue discussion of the item for specific purpose. 3; Deny any variance because the Planning Commission finds a lack of demonstrated practl ai difficulties under the zoning code criteria. RECOMMENDED DED ACTIO The recommendations by staff require the following motions: 1- A motion and second to approve resolution PCI 1-03 subject to the listed conditions. 2. A motion and second to approve resolution PC1 1-04 subject to the listed conditions. ATTACHMENTS 1, Resolution PCI 1-03 2. Resolution PCI 1=0 . Location neap . Proposed Plans RESOLUTION APPROVING A 65 FOOT VARIANCES FROM THE REQUIRED MINI[U U LOT WIDTH To ALLOW FOR THE SUBDIVISION of A RESIDENTIAL T AL PROPEL T f WITHIN THE SHOF ELAI D DISTRICT BE IT RESOLVED 1ED B the Board of Adjustment of the City of Prior Lake, Minnesota* FINDINGS 1. carter Christie is requesting a 55 foot lot width variance from the required minimum lot width for the subdivision of a residential property within the Shoreland District at the following location, to grit; 6002 150th Street NE, Prior Lake, MN 55372 Tract A, REGISTERED ED LAND SURVEY NO. , Scott county, Minnesota. 2. The Board of Adjustment has reviewed the application for the variance as contained in case f#'11- 120 and held a hearing thereon on August 22, 2011. 3. The hoard 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. . Practical difficulties exist for the property owners to transfer the ownership of a 7,464 square foot area of land. The properties will not increase in nonconforming lot width as a result of the land transfer. The property owners propose to use the property in a reasonable manner, the manner by which it is currently utilized, under which the current lot widths are not permitted by the Zoning Ordinance. 5. The granting of the lot width variances are within harmony of the general purposes of the Ordinance. The property is designated for lover density residential development under the Comprehensive Plan and Zoning Ordinance and the granting of the variances will achieve the purpose of the Zoning ordinance to `{ promote the most appropriate and orderly evelopmen f the residential, business, industrial., public land, and public areas." by allowing for the property to be legally designated as a registered land survey. . The variances are necessary to use the property in a reasonable manner, the manner by which it is currently utilized, under which the current lot widths are not permitted by the Zoning ordinance. . The practical difficulty in this case is due to the unique shape of the existing properties. The applicant does not proposed to increase the nonconformity of the lot widths of the lots under the proposed registered land survey but rather intends to alter the length of the lots. Plione 952.447.9800 l Fax 952.447,42451 w%%rw.c1t {o 1)rior1 e.eom . The granting of the variances will not alter the character of the neighborhood. The neighborhood F along 150th Street includes many residential lots which also have existing nonconforming lots widths such as these properties. . The proposed uses of the property are single-family residential dwellings which are a permitted use within the - (Low Density Residential) idential) Zoning District. . The current proposal does not involve any proposed solar energy systems. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance to allow for the subdivision of a residential property into a property legally described by a registered land survey zoned -1 (Low Density Residential), , as shown on the registered land survey stamp dated July 19, 2011 in the #11-120 variance file: •A 65 foot variance from the required minimum 90 lot width requirement en in the Shoreian Ordinance (Section 1104.302 (3)). The variance is subject to the following conditions; 1. This resolution must be recorded at Scott Counter within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The City Council approves the proposed registered land survey stamp darted ,July 19, 2011. Adopted by the Board of Adjustment on August 22, 2011 Paul Perez, Acting Commission Clair ATTEST: Jeff Matzke, Planner RESOLUTION APPROVING A 9 FOOT VARIANCE FROM THE REQUIRED MINIMUM LOT WIDTH To ALLOW FOR THE SUBDIVISION of A RESIDENTIAL PROPERTY WITHIN THE -1 ZONING DISTRICT E IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. David Coker is requesting a 9 foot lot width Variance from the required minimum lot width for the subdivision of a residential property within the R-1 (Low Density Residential) idential) Zoning District at the following location, to wit} 5994 150th Street NE, Prior Lake} MN 55372 Tract B# REGISTERED LAND SURVEY NO. , Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the Variance as contained in Case #11 - 120 1- 12g and held a hearing thereon: on August 22, 2011. 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. . Practical difficulties exist for the property owners to transfer the ownership of a 7,464 square foot area of lard. The properties will not increase in nonconforming lot width as a result of the i nd transfer,. The property owners propose to use the property in a reasonable manner, the manner by which it is currently utilized, under which the current lot widths are not permitted by the Zoning Ordinance. 5. The granting of the lot width Variances are within harmony of the general purposes of the Ordinance. The property is designated for low density residential development under the Comprehensive Plan and Zoning Ordinance and the granting of the variances will achieve the purpose of the Zoning Ordinance to "promote the most appropriate and orderly e e o mer of the residential, business, industrial, public lard,, and public areas." by allowing for the property to be legally designated as a registered land survey. 6. The Variances are necessary to use the property in a reasonable manner, the manner by which it is currently utilized, under which the current lot widths are not permitted by the Zoning ordinance. . The practical difficulty it this case is due to the unique shape of the existing properties. The applicant does not proposed to increase the nonconformity ity of the lot widths of the lots under the proposed registered lard survey but rather intends to alter the length of the lots. Phone 952.447.9800 F 952.447.4245 / Av%%r%NF. 1t ,ofprior1a . om . The granting of the variances will not alter the character of the neighborhood. The neighborhood along 1501h Street includes many residential lots which also have existing nonconforming lets width such as these properties. g. The proposed uses of the property are single-family residential dwellings which are a permitted use within the - (Lour Density Residential) Zoning District. 10. The current proposal does not 'involve any proposed solar energy systems. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance to allow for the subdivision of a residential property into a property legally described by a registered land survey, as shown on the registered land survey stamp dated July 19, 2011 in the #11 - 120 variance file: •A 9 fool variance from the required minimum rr 80 lot width requirement t ire the -- I (Love Density Residential) ential) Zoning District (Section 1104.302 (3)). The variance is subject to the following conditions: 1. This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording} along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit= . The City Council approves the proposed registered land survey stamp dated July 19, 2011. Adopted by the Board of Adjustment on August 22, 2011 Paul Peru} Acting Commission Chair ATTEST: Jeff Matzke, Planner 5994j 6002 150th Street (Variances, RLS Requests) This dr" ng is neither a legally recorded €nap nor a survey and Is not intended to be used ;�s ono. This dravring is a comp laton of records, In"aOn, and data located in vac us aty, county, and state office and other sources affecting the area sho", and is to be used for reference purposes only. Scatt County is took fe s pon STNe fo;-a€ty ina ccuraefes bereln con [aFr d, if di sue pand es are found, please wntad the Scott County Surveyors Office. Map Scale inch = 315 feet AL w E Map ]ate 8/1212011 S S'(1RVXF PR.�'P,4",0 „.FOR.• - ' ' .' .' . .. . c.�RT C.R�STI' 'r.e 6=? f6-a�x .sfiR.FFT Srurve.. .. . AVOR .4"; . AAr' 650Z? - .. . . Q - . Phonty (952) 447-2570 • ., ' Suite 234 . . • . .. . . Land Surve}rs j .. • Planners . ' FCYII (952) 447-2571 16670 Franklin Trail S.E. ' . . . . Prior. Lake, Minnesota 55372.. . . .. . . . . . . . ... . .. r � �ffW I . , . , ., . , . , ., . .., .1. - . . . . ., . . � . . . ­ . . . . '... . . . . . . .. . . PRIOR .2 / A- ... . . . . - . --. . .. . . . . . . . ­.. .. .- ., . . 1...� . . . CIEVA7AW 902-9 r� .. . .. .. . . . ' , . . . (7}a/2ar7) . - , . , � s . .. . EXISRAV LEO'RL. DL'SCRIP774N.• (PARCEL 7, os per Certificate af. ]Tile Number, 34821) . .. . . . . .. *,� ... . . , .. . , rnssr aNv m ,'Osr7'i ,- N �' �.'�� Lot Ori,& (1); of East w.aad acco�riq • tv fha ptet thereof.• ori file and of recce' to fha .a cs - . .. , . , N6729� ,. . . S 5 , • . .. �.of the Register .of 'Deeds in, and fat' said county, and stats, acrd Lof ane (1) of First ..` . . ' .. • ' Addition to Eastwood according to the plat thereof on fr.Ie and of riAcvrd in the office of . . �, � , f e Regis&ar of T7tles in and tor' said county vnd ,state: Exap77NG 7HEWfROM.- -That part - . . - . W . of Lot One (1), of Eastwood and of Lot alae (7), First Addition tc'.Eastwgod,' described as .`� f + , ;r' follow'x . ginning of the southwest .comer of said Lot Ckre, (1), First Addition to Eastwood,• - ' +1. thence East • along the sou#h hoe thereof and same extended' 75 ,feet to a paint: 6n, the ' ' sr�ar�E[nvE- j . ' ;% crvE south Ane of said Lot One (1) of"asfwaad whtch is 25 'foot Fast of :the Sauthsrest carrier i .. , •r i ' tar �+s� o� . • . thereof,- thence North along a line parallel. to the iYest.. iirre of.said Lof One (7j of Eastwood, 0 k �!� ��� ' 393.91 feet; thence Kest 75 feet to a paint an. the West.' Iine of sold Lot ane 7 First . . + " �r•Q 00 . Additlon to Eastwood � whlch• is j9,7 72 feet North of, the .Saitflawest ,corner thareo, thence '�• - ; . . South to beginning, according to then plat' thereof on file and of record' in the.. offloe Qf the ' Existing Property ,1raa �. 3 +?46 sq tt. . . Registrar of irf/es in and for s pid county 'and state, fagether with . an easemenf and righ t (!a arawnar, 90+co). ; . per. . ' ' . of Ingress and egrass aver'the west 25 feet of the premises adjalnlnq ,the premises above . . Existing Owellusy - 2•b40 sq. ft, - I doscrtbed on the East. . . . (Ind,W*$ Pay wlndaws} ; . • .. . ExisrinQ brick Paver P❑tio. w .29.5 sq ft.% ; .. . . . , . Eel*07g Generate Areas j: ?99 sq fG . , . • . . . . • . y . Exlsring Bituminous Dr wwoy . S, 408 .sq t� . . . . . . .. Ott r.L . . EX/S77NG LEGAL DESCRIPTIQN.• . (PARCEL 2, as per Certificate. of 7ille3 Number 26885) . Ze4111ng h1per'vnvus Surface 1Q.a 15 %1 .. . , . . . 00 wage .. sc fze.3xj 0' 77rdt art of Lat One' 1 Edstwood ted that art of Lot one 1, First. Addition .to . iris .as ;�. J+o p (% p (� Maximum .eo,errlge. allowed 7!3 714 sq' fG (.3p } , . a? T1NC s Eestwaod according to the p/acs thereof on fi/e and of record in. the aff►ce of the Register /r r. 1wt r . . 3. D NC "s+.l of Deeds, . Scott County, hflnnesofa, descrlbed� as .follo*w. Seginning of the southwest carrier , i res r o .said Lot 1, first Addition to Eastwcad; fhenc' East elorrg the' South' -I£no thereof and •. L.1. PR�,,,�[jF,(r i.4 lPARCPG i7 . ' ' a • • . . same extended 75 fact to 'a point on the south line 6f said Lot 1; Eastwood' which is 25 Proposed Prgaerty Area - 4r,S7z s❑, rf. rTr a . feet East of the SautA+rest corner thereon; thence North aloriq c line parallel. to. the west . (to elavailon 9a cos '' . . - ... . . . . .. • line of said Lot 7, East wood. J93.91 feet, . thence bleat 75 - feat . to a point on the West Ilse', • , Existln bweu' of said Lot 1, first Addit"lon to &7stwood which' is 393, 72 feet North of the Sputhwest g ,rig ?,G4D sq re. corder thereof y }. thanes South to' the place of beginning TOGETHER with an EASEMENT'vnd eudes 6o windows Exlcting eni Paw+ Patla '� 293 eq. f!. 1 .�r '. riy7ht Of ingress and egress `ov+�r the wast, 25 feet of the premises ad�lntnq' fha prerntsss Exislrng concrete areas ^ 299 sq. ft.. _ - above described err the East 70GENER WTH A 7HREE FOOT (J) wide EASE6iENr'begr- , ExixlJng 19Jluminaus ❑rnroway /!i �� 9Q. f1 - ' . i . �, i . � . • ". �. + , %' .. at the Ncrfhwest comer Of the above desa-lbed property, Thence extending. to a northerl . Propaaed irrrrperwriws Sunoco - ( S , �; direction through that part of ,Cot T, First Addition 'to E'astwooa; nr7meo7ata/y adjncenf. to Caverege . - 9, 640 aq, ft. (23.?!) t,, . . k� . ; ; - the obavo described pran7ises ' ., rtcan (73) fee mora or less, , to the exi�+tin f# 50 ' i - ; ' feat nlra /enc access to Prior Lake. which. is North of and adjocent to Lot Q and a6 ltino 1.,Ulaxlmum covnraga a1Joloso' 7453 M. fr. {.3ale). � �1 .}` >�� ; �� _ fha Fast line of Lot 2 and the West lure of Laf r .of said 'addition such .easement running #a . "1 ,` the benefit of :the undersigned parties, chair heirs and assign ; TIrIs easement is q 'covenant (h , + T . .hone with the land. rhe Q . •.� .�1 .r i , G, g purpose of this. easrmant' is to g1w the parties herein the right • ., of access to and egrass five the fire lane access' to Prior- Lake 'and is restricted to.' ;e pedestrian. frefc only. I ~ ; PROPOSED .LEGAL DL5'CR/P770N.• (PROPER N tri BE PURCHASED) . 5�� � a �LkJ . , ]Ire North 700.00 feet of the' fol/awing'oescribod propara'y ..chat ,part of Lot On (I), . - �-0, � % -► Eastivood and that part of Lot t7rre (1), First Addition to EastWood, - according to • the plots . 0 , , j ; ; I- � thereof on . file and of record in the office of the Register of. Deeds, . Scott County. ' • ' . I . _ . . . , , ,� ,� . , Minnesota, descrlbed as follows. 9aginning of the southwest cornet` of said Lot 1, First Z t1. ; Addition to ,Eastwood,• thence East along the South line thereof acrd same extended 75 feet h� to a point an the south Iine of said La# 1, Eastwood whlch.r's 25. tae# fast of the "d , � Southwest carrier. thereof; thence North clang a line parallel ter':: the West Iine of said Lot 7, • - _ i . , , W • . Eastwaad, 393.91 feet, thence `West T5 .feet to a point on the'West liner of•said Let 1, First - Addition to Eastwood which is 393.72 feet North of the Southwest corner thereof, fhenca j ❑ i t i South to the place of beginning • TOOFTHER- with on EASEhfEX7- 'and f ht of 47 rens .and : ° egress aver the wast 25 fast of fha emisas adjoining the 9 1.Pr 9 premises above described on . ; ; N.� ;. . . the fast 70GETHER WITH A THREE FaQr (J') wide EASEMENT beginning a# the Narthirest . I ^M : .. . .. earner of the above, ,ascribed propert y,, , thence extending in a ,northerly direction through . .. +s , that part of Lot 1, Fi'mt Addition to Eastwood rrrlmedlately adjacent to the above described ' ' x Q premises Wrteen (13) feet, more or Jess, to the exlsting 'Fifty (30) foot fire Ione •access to , .- ' Prior ,Lake, which is North of and od ocsnt ter. Lo# . , vnd abutting the Ess# fine . at Loi' 1 • ' and the if"ast Iine of Lot 1 of said addition such ecscrncn t running to the bona{t . of the ,� ❑ , - , undersl nod 1. .. . . . �- I ,, q parties. their halts dnd assigns.. This casement is a' covenant running with the A , •. , r , . land The purpose of this Basemen# is to giwe the parties;herein the right of access to and' . M egrass from the fire Iona access to Prior Lake and is restricted to pedestrian fraffik only. �., , , , I , 11 FXvIing Properly Area - C . . ' ' ; j 1 .. . , . 29, 077 s ft , , ExlslJny• tlwelllnq ++ 1, i93 sp ft ; , ' . . . Earlsang Garage - 674 sq, ft sets 2. , . , ,1. I . Exlsfing shad - 48 ser. ft - � n I � , , - .. . E'x,sfk+g Concr,rtC Argas r 18.7 sq. It. d x x '� i ; , ; . . . £xiPM9 Bltumlrrovs DrA,tway. + 977 f!, � - I + . . , . . . 1 - • . , , . , , Q. , , , 1✓i.�.!✓J f . . .Existing Imperwova Surfaces ' . • , , , . . covamgc = J, a24 sq.. f!. (ra..#x� . $ ; ; ; . . I , , , Maximum .coverage ollowed'4723 sq, ft. (.Jox) . is G : ; ; ; DEN4TE5 EXISTING WaQD DECK SURFACE , 17a ser »» .J DENf]TES'.EXISTING BRICK'PAiiE- SURFACE �. PGS . . .N srivw , .. . aers�rv� ; . 4 DENOTES EXISTING.CQNCRE]Z SURFACE A�OPSISEIJ.,�FIlF_iClf�lA...(PCC t 'tea % . F'rapasad Property Ara❑ +• ?1,fi13 sq .. 1a3 -W "�: : 1 1'... - === - DENOTES EXIS77NG BOULDER WALL . . , , ExiaUnq Dwelling b• 1,195 sq. 11.' - y + I - . Existing Carage •- '6.24 sq. ft i + ; ; 0 DENQ7FS• EXIS77NG MANHQLE , ' &1WInq Shed - '48 sq fr. ,'.. i ; ; . , .. . Exlsllnq Celeste Areas w iBz 97 k .. ' + ,• ' • ' 0 DENOTES Ex/S77NG WELL __ , Exlsring 9ifvminaua,GrJmway 977 3q, R. " 37 : + i i . ;•. Prapased Impervraus Surface , + k ; ; � ' + ,. Caveraye =' ./,024 $q. •fG (14.01C} �' + i " - , . . . . . .•l ... . , , ,Woximum covvrop'a allowed' 6, 484 sq. ft. (3a � i + ; ;.t I .. �y w . . i i j . • .. # ,'. -, s . _ter i X8.75 MEAS _��� -- '12'W,, Rr5 _ � . 4 TM ' �Q p 5 � c� . N88'59'25 "E .OT ; carr.. ung W car r. . ` 4(3 4 2b 4D f hereby c�ify that. this Extsfing Conditions nRsr ,stx�+nav res arsrsvac� , . ' . . . . .. • .. .»savnrrs st CL e,? of I Survey was prepared by me or under my' . r ... `I' scAV sCOrrrCOWrYrr r VE s' ., . direct supervision and -'that. / dm a duly lsfr p1r-NAu} SCAi� JN SEEI. Liconsed Land Survey>7r under the .Jaws of . . . . . ; .. the Stc7te of ,4linnesota. .. .. !. DENOTES IRON MONUMENT FOUND ,. ,,..,f.•,:,r ,... O. Di=1V0 S IRON MOAiUt�F.PIT SET AND' '3C' ��`".'_..: - ,tfmnasata 11csnse �Nlr} 6or ,?30g. . . . MARKET} 6Y frRGE3VSE NO. 423Q9. Dated #his ..jZ -day of 2011` . FTE. -1_D757 . BOOK : -257 PAGE. -3-3 . . .. ' .. . . ' ' .: . : . . .,GREG Q /Drowings%'! 0757--Existin ' A ' - . .. . . .. . No.. REGIS TERED. 4 A ND'., SUR VE Sco T T '. C0C1 V TY MINNES0 TA I hereby certl;fy that in accordance with the ,oro visions of Chapter 508, Minnesota Statues of 1949 as- ameAded,:. I have surveyed the following described tract of Ian d, irz the Coun ty ; o f ' Scott, -State of Minnesota ..to-� wit: -Lot. One. (7),. of Fastwooa according ' to the plat. ''thereof; on file. and of record in 'the office of the Register" ' of Deeds ' in and for said county, and state, crud Lot One (7) of pirst. Addltiora .'.to `,Eostw000',- according to the; plat thereof on' file, crud. of record in the office of the 'Registrar of rtles in and: for said county and state. ' EXCEPTING - 7HWRFFR0M.- ' That wart' of Lot One (1), of Eastwood and of Lot One ..(9), ' First Addition to East goad, . described as follows' Beginning ' at the southwest corner. 'of said Lot Dne . (7) first Addition to Eastwood; thence. East along fho south line ' thereof and same extended 75 feet.. to. o -point on-' the south'line of said Lot One (7) of Eastwood, which . is . 25, feet Fast of the Southwest � corner thereof . thence North: along a .lime, parallel to.; the - West line of 'said.-Lot Ono. (7)' of Fostwooc; -393.99 .feet; thence West 75 feet to a.,,point on the 'West Ifne of sold Lot''One(T), First :Addition to fids#wood.'which. is .393.72 feet North of the Southwest corner thereof thence South to beginning, .according to the plat- thereof. on Ale and .of record tri the office ,of the Registrar of . Tltles In and for said coon and state, together With air easement 67d right of ingress and egress over the west 25 feet_ .of the premises adjoining the premises above idescribed ¢n the Fast; Also That part of'Lot- One (7), roc 5twcod and, that part of La_rt One (7), First Addition to Eastwood, accarrling -to'' th*' Pfats. thereof' on file and of record in the office of. the Register of Deeds, Scott Count Afinnesoto, o'escribed as' follows: Beginning.dt tire, southwest corner .of scat Lot . 7,, First' Addition ' to Eastwood; -thence East ,along the South line thereof an a' some extended 75. feet to a. point on the south lime - of said Lot 1; Eastwobd, which is ,�5 fact Fast of the -Southwest corner thereof,• ;thence North - along. Q litre' parallel to the West line of said Lot ' 1, Fasts�aod, . 39.3 91- feet; thence West ' 75 .feet to ❑ point ,on ' the West. line of said 'Lot -7, First . Addition to .Eastwood which is ;3'93.72 feet North of the ' Southwest corner thereof- -thence South to the place of beginning. :TOGETHER ivith an .',EAS"MEYVr, and right of ingress one egress over'' 'the .nest 25 feet of the premises c djoining' the, prremises . above described on the, East - TOGETHER NTH A THREE FOOT (3) aide 'EASEMEIVT beginning Qt .the Northwest ,corner of the `❑dome . described propert, , '. they7ce extending in a; northerly direction . through that `part of Lot 7, Ffrst Addition `to Ecstwooad, . Immediately adjacent to the above described. premises 'rhirteen (13) ' feet, moor& or less, to the existing, Fifty (50), foot fire ,lane' access, to .Prior Lake, which is ' North of and adjracen t ,'to Lot 0, and abutting the Forst Z of bt ,: and. the West .fine of Lot 7 of said addition such easement running to the ba' efrt of- the undersigned parties, ..their. heirs' and gssigns.. This easement is a; covenant running With the land. The purpose of this evsernent is to give the' parfies herein the right of. access ..,to .,andegress frorrr the ' .fire lane access to Prior Lake and is 'restricted to pedestrian traffic on1l. That this, survey shown hereon is - a correct delineation of sold'surrey, dated this day of Scott hL Swanson, 'Lana' Surwewr Minnesota License 1Vumber 42309 This Registered Land 'Survey was•.approved by.. the .City of- Prior Lake, 'i4#innesota at a regularly scheduled meeting this day of .2011.. SIGNED; its, Mayor Attest: City. Clerk , SCOTT COUNTY AUDITOR, TREASURER: I hereby certify that the current. and detingLAent taxes on the lands described by .this Registered Land Survey are Paid and, the transfer, is., entered this day of J. 2011.' ; sighed ,by.. dpty. SCOTT COUNTY REGISTRAR, Of• ITLES: I hereby certify tho.t this irts' trument, was fled in the office Registrar of Titles for'record this day of ..'2011. at,.- .o'clock „ M,, arra,,w'as filed as Document No. Scott County Registrar of Titl6s ; SCOTS COUNTY SURVEYOR: Pursuant `to' Chapter f, Minnesota' Ldws of 1976, 1 heritby certify. that. this Registered' land Survey has been reviewed' and approved this day of. 2011. ; Scott County Surveyor.., /i 1.f,J.i.IJ. •tib «R :' F . 6% i .L f. �./ Co �' 1 ••r AGENDA ITEM: SUBJECT. 4646 Dakota Street S Prior Late, MN 5 53 72 PRESENTER: TER PUBLIC HEARING: DATE: INTRODUCTION. PLANNING COMMISSION AGENDA REPORT B CONSIDER A REQUEST UEST FOR A REGISTERED LAND SURVEY .JEFF MATZKE, PLANNER YESNO-N/A AUGUST 22,2011 David Coker & Carter Christie have applied for the approval on a registered land survey on approximately 1.5 acres of land. The properties are located along the shores of Lower Prior Lake at 5394 & 6002 150th Street NE, unrest of Pixie point Circle and east of Lori Road. PHYSICAL SITE CHARACTERISTICS: Total site Area; The total site area consists of 1. acres. The current properties contain two single family hone structures. Wetlands: No wetlands are located on the properties. Access: Access to the properties is currently from 150th Street NE. 2030 Comprehensive Plan Desi n tl n; The properties are designated R -LD for Urban Law Density Residential uses on the 2030 Comprehensive Flan Lard Use Map, Z nln The properties are located within the R-1 Zoning District (Lover Density Residential). . The -- district is consistent with the proposed R -LD designation. This district permits a maximum density of .o units per acre. sh reland: The properties are located within the Bhoreland District of Prior Lake and are subject to the City's Shoreland Ordinance. PROPOSED PLAN L� The proposed registered land survey consists of 2 lots for single family dwellings. Tract A I 41,512 square feet, Tract B is 21,613 square feet. The minimum required lot width for a riparian lot is 15,000 square feet and 12,000 square feet for a non -riparian rot. Streets: The proposed lots have frontage on existing 150th Street NE. No new streets are proposed. S nitar-__S wer[Water Utilities: Lateral sanitary sewer and water utilities are in place for both existing residential properties. Phone 952.447.9800 / Fax 952.447.4245 / ww w. it ofl)rlorl . ni Shoreland Ordinance: The proposed plat is located within the Shoreland District for Prior Labe and therefore the properties are required to meet the requirements of the Shoreland ordinance including but not limited to a maximum impervious surface area of no more than 30% of the total lot areas. The proposed rots will meet the Shoreland Ordinance requirements. AAAI. -- r The applicant proposes to designate the two residential properties as a registered land survey. The proposed lots meet the City requirements for lets within the Shoreland District and R -I l-IZoning District. The applicants are proposing to transfer a 7,464 square foot area of land from the property located at 5994 150th Street to the property located at 6002 1501h Street. The proposed registered land survey will comply with all relevant ordinance provisions and City standards, provided all the conditions of approval are met. Therefore, staff recommends that the Planning Commission recommend approval of the combined preliminary and final plat subject to the outlined conditions. ALTERNATIVES: 1. Recommend approval of the Combined Preliminary r and Final Flat subject to conditions. . Table this item to a date specific, and provide the applicant with direction on the issues that have been discussed. 8. Recommend ommend denial of the Combined Preliminary and Final Flat request. . Other specific action as directed by the Planning Commission. RECOMMENDATION: The Planning staff recommends Alternative 1, subject to the following conditions: 1. The registered lanai survey shall he recorded at Scott Counter within 60 days of approval by the City Council. 2. A 65 foot variance from the 90 foot minimum lot width requirement within the Shoreland Ordinance is approved for Tract A. 3. A 9 foot variance from the 86 foot minimum lot width requirement within the R-1 (Low Density Residential Zoning. District is approved for Tract B. ACTION REQUIRED: A motion and second recommending approval of the following request: Recommend approval of a registered land survey for `l.5 ages into 2 residential tracts of land, subject to the above listed conditions. 1. Location Map . Proposed Flans