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HomeMy WebLinkAbout2.a. Request by Laxman Sundae Regarding Drainage Issue at 2055 128th StreetROSEMOUl r 1 EXECUTIVE SUMMARY CITY COUNCIL City Council Work Session: February 16, 2010 AGENDA ITEM: Request by Laxman Sundae Regarding AGENDA SECTION: Discussion Drainage Issue at 2055 128" Street PREPARED BY: Kim Lindquist, Community Development AGENDA NO. Director ATTACHMENTS: Staff Report from 8 -13 -96 Planning Commission Meeting; Excerpt of Minutes from 8 -13 -96 Planning Commission Meeting; Staff Report from 8 -27 -96 Board of Adjustments Meeting; Excerpt of APPROVED BY: Minutes from 8 -27 -96 BOA Meeting; Lot Survey; Letters dated 7- 18 -96, 8 -7 -96, and 8- 29 -96; Certificate of Occupancy dated 1- 22 -97; Copies of Public Hearing Notices and Message; Photos of Site RECOMMENDED ACTION: Information Item DISCUSSION Mr. Sundae has approached the staff regarding a drainage situation at his property at 2055 128`' Street in Rosemount. He has indicated that his neighbors have affected his drainage. In review of city records, and based upon site visits, it appears that the existing drainage pattern is consistent with what was intended when the property was developed. This conclusion is based upon the survey submitted in August of 1996, prior to issuance of a building permit. Mr. Sundae has asked to address the Council directly regarding his drainage concerns. RECOMMENDATION Information Item Only FROM PHONE NO. : 612 423 5379 Feb. 05 2004 01:01PM P1 Ms. Amy Domeier City Clerk City of Rosemount, MN 55068 Laxman S. Sundae 2055 128" St. W Rosemount, MN 55068 February 5, 2010 VIA FAX Ve i � f�T C C "10 rn Sub: Request to place my Complaint of Encroachment And Water Trespassing on the Council's Working Groups Agenda Dear Ms_ Domeier: 1. Our house is located on 128' St. Facing South. We have .Mr and Mrs Gary I Vinje on the East, Mrs & Mrs William D. Stillwell on the North and Terry Kramer to the West. 2. All four of our homes are located at the same elevation, but the parts of Stillwells, Vinjes, and Kramer parcels are located on elevations above our property line. 3. All lots in our Addition are separated by a 10 -ft Drainage Easement. F=h parcel has a 5- ft individual drainage easement set aside along its full length or width to independently remove water from each real estate parcel rather than dump it on others properties. This a common practice in the other parts of City. 4. During the past few years, our neighbors have re- landscaped their parcels to discharge waste waters in larger quantities and at much higher velocities than before onto the our parcel posing an imminent threat to public health and safety as defined under the rules, regulations and laws of the Sate of Minnesota. 5. Our neighbors have been fully aware that whenever the rainfall is greater than 1.5 inch/per day, thousands of gallons of rainwater are dumped onto our backyard. and septic system 6. Since the first flooding of our backyard on July 23, 1997, Stillwells, Vinje's and Kramer have taken a united -stand that their homes are located at higher elevations. They have taken the position that it is our fault that we built their home. They further claim that they have an absolute right to ignore DEP and trespass. In doing so, they have elected to ignore the City of Rosemount's Drainage Easement Plan ( DEP) 7. On June 19, 2008, for the first time, I learned from the City Engineer that it has a longstanding DEP for Jay Simon's First Addition, where our property is located. 8. During the spring of 2009, we had our lot re- surveyed and discovered that, Stillwells FROM PHONE NO. : 612 423 5379 Feb. 05 2004 01:02PM P2 have unlawfully occupied approximately a 10 -ft x 65 -ft area of our backyard. 9. Re- survey of the our property further disclosed that Vinjes have occupied a triangular piece of land and have also constructed a narrow strip of cemented sidewalk within this triangular piece of land. 10. framer has erected a river rock dam on the front end of the drainage easement strip taken from his parcel. This dam is blocking and rerouting water through the Plaintiffs' back and front yards further exacerbating the damage to Plaintiffs' property. 11. Vinjes have filled the drainage easement strip of their parcel and have been trespassing waters onto Plaintiffs' parcel. 12. Stillwells have also been trespassing water from the southwest corner of their house and driveway onto Plaintiffs' property. 13. furthermore, Neighbors have re-landscaped their parcels to discharge maximum amounts of contaminated water at much higher velocities than before onto Plaintiffs' resulting in maximum damage to Plaintiffs' home, garden, and yard. They continue to do so. 14. As a direct and proximate cause of neighbors' water trespass and negligent discharge of water onto our backyard and 1STS, flooding of our basement has occurred. Occasional flooding of Plaintiffs' backyard has many times destroyed their lawn and garden. Flooding of lower portion of has caused damage to carpeting, walls, floors, clothing and furniture by mildew in those areas.. 15. Neighbors unlawful dumping of contaminated water violates applicable rules, regulations, and laws of the State of Minnesota, the County of Dakota and the City of Rosemount and also unreasonably annoys, injures and endangers the safety, morals, comfort and repose of several neighboring landowners as claimed by the neighboring Defendants in their counter claim and thereby constitutes a public health and public nuisance. 16. Unless restrained by the City, Neighbors will continue to maintain trespass of our property. Whatever help you can provide to place our co aint before the Council's Planning Groups' will be highly appreciated. Thank yo Sincerely yours, Laxman un Excerpt of Minutes from the October 14, 2009 City Council Work Session DISCUSSION 3.A. Request by Laxman Sundae Regarding Drainage Issues at 2055128th Street Director of Public Works /City Engineer Brotzler stated that staff met with Laxman Sundae prior to the October 6 City Council meeting regarding the drainage issues. He stated that staff was not aware that any of the neighbors altered their properties to affect the drainage on Mr. Sundae's property in a negative way. Discussion was held regarding Mr. Sundae's septic system. Mayor Droste provided background on the properties in the area and the other drainage issues. Community Development Director Lindquist stated that Mr. Sundae believes that the neighbors should have defined swales to ensure that water drains correctly from his home. She added that staff explained to Mr. Sundae that staff only works with public improvements within the dedicated public drainage and utility easements. The issue is a civil matter between the neighbors. Brief discussion was held about bringing water and sewer to the area. CITY OF ROSEMOUNT { E. __.;UTIVE SUMMARY FOR ACTION Planning Commission Meeting Date: August 13, 1996 AGENDA ITEM: Variance Petition for Rural Residential lot development - Laxman Sundae AGENDA SECTION: Public Hearing PREPARED BY: Rick Pearson, Assistant Planner AGENDA NO. 7B. ATTACHMENTS: Survey, Location map, Petition APPROVED BY: be--- Mr. Laxman Sundae has purchased Lot 9, Block 2, Jay Simon's First Addition for residential use. The lot was platted in 1969 and is considered legal non - conforming with current rural residential standards. Mr. Sundae's variance request involves lot area and both side -yard setbacks. Primary and secondary septic system design, location and perc tests have been found to be acceptable to Mr. Paul Heimkes, Building Official. VARIANCES Lo t Area Required Lot Area Side Yard Setbacks Required Setbacks 0.87 acre 75 acres 28 feet (house west side) 30 feet 20 feet (garage east side) 30 feet The proposed house is 1,290 sq. ft. with a 560 sq. ft. three car garage. The house is 42 feet wide and needs a two foot side yard variance for the 100 foot wide lot. The three car garage adds another ten feet to the width of the house and results in another ten foot side yard variance. The Planning Commission may decide whether granting a variance for the three car garage is appropriate. FINDINGS The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follows in the granting of a variance from this ordinance: 1. Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. The perc tests, septic system and well design work has been found to be satisfactory to the Building Official. 2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship inconsistent with this ordinance or the Comprehensive Guide Plan. The site is a lot platted for residential use in the Rural Residential District, and rural residential use is consistent with the Comprehensive Guide Plan. 3. There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district. Most of the other lots have long been built upon prior to the merger of the Township and Village in 1972 or were developed with variances consistent with City policies. The requested side yard variances will result in setbacks significantly larger than either of the neighboring lots. Strict or literal interprets i would deprive the applicant of , use and enjoyment of his property in a manner sin ►..,.r to other owners in the same dis,. pct. The lot is considered to be legal non - conforming and city practice has been to grant variances for residential development if standards for onsite septic systems are met. 5. Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question. The variance will support rural residential development of the lot which is a permitted use of right in the Rural Residential District RECOMMENDED ACTION: MOTION to grant the lot area and side yard setback variances requested by taxman Sundae for Lot 9, Block 2 Jay Simon's Addition for rural residential development because the information provided supports the findings specified in Section 15.2 of Ordinance B as required. PLANNING COMMISSION ACTION: 4. Strict or literal interpretatr would deprive the applicant of 1" use and enjoyment of his property in a manner similar to other owners in the same dist a.A. The lot is considered to be legal non - conforming and city practice has been to grant variances for residential development if standards for onsite septic systems are met. 5. Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question. The valiance will support rural residential development of the lot which is a permitted use of right in the Rural Residential District RECOMMENDED ACTION: MOTION to grant the lot area and side yard setback variances requested by Laxman Sundae for Lot 9, Block 2 Jay Simon's Addition for rural residential development because the information provided supports the findings specified in Section 15.2 of Ordinance B as required. PLANNING COMMISSION ACTION: 0 D� �rto © BnS�b p -V:1n15 1S f 05 .� f I4 t-�^`� -cNtt Gan�l-a�- ,�,.4t,�v�t Wes A- s ^^ /' /_ So b ;., � Z. 5 s 6 ."as et., o �- c -,L Cc` «E op S07 Neighbor's Well, X9.92 0 Lo ! 102. � + I l ,'to 1 _ � J 2 . 9E T�F "� s 1 3'wl �cUnKkFS Neighbor's Well ` 8 AA44r . g� OCR 8 60 �'p�3Er ft.. Neighbor's A tr , 207,5 c. c CCATICW t• 30) (0O 'F.D 2D. �. C AXA� tjt " (a 32) VIehi Location 97.59 0.0. 00 d 0 11 j rt I�S ut 1ce. /Z a City of Rosemount N °• VARIANCE PETITION Date: jV-41 1 199L L Applicant: - R x t-V ti 1W U h! D Phone: 112- 3' 9' 7* 1 Address: 2 6 '7- l 3 Z C' T �o ?.c+ o-z� �.� . 68 STATUS OF APP ICANT: Owner Buyer Lessee OTHER: LOCATION: Lot , Block , Addition Street Address: 2 o 5-5- •- /-2& Metes & Bounds Description Attached: L/ Survey or Plot Pla Attached: Variance Re q ueste3: Current Zoning: h rQ REASON FOR REQUEST: ���/ qtr Le 2. ewe, -,� a. Lac- b u.s -..-41 xU AV $f �A/p gr Signature ot Applicant * ** 07 OrC U'57 NLY * ** C � Application received by :_ YA(T- (, -C. Jr' � ..Date:--. r)-1- Fee: $ IM. ()C-) How Paid: C. 9 ki '10AQ Date: r1- Planning Commission Action: Date: _r)- a 3- 9.(o ':ommission Meeting Proceedings were no comments from the audience, MOTION by DeBettignies to close the public Baring. Seconded by McDermott. Ayes: Droste, DeBettignies, McDermott and Shoe - Corrigan. Nays: 0. Motion passes 4-0. Member Shoe - Corrigan asked if the new location of the vacuum station was satisfactory to Staff to which Senior Planner Mack stated that it was. A short discussion occurred regarding stacking space on the site. MOTION by Droste to approve the site plan subject to: 1) incorporation of recommendations relative to grading, utilities and easements identified by the Public Works Department; 2) collection of a Storm Water Trunk Area Charge of $2,820 per acre of improved (new) impervious surface prior to Building Permit issuance; 3) landscape modifications as discussed in the above summary; and 4) conformance with all applicable budding and fire codes. Seconded by DeBettignies. Ayes: DeBettignies, McDermott, Shoe - Corrigan and Droste. Nays: 0. Motion passes 4-0. Chairman Droste opened the Board of Appeals and Adjustments to hear public testimony for the Public Hearing scheduled at this time. Chairman Droste opened the public hearing to hear public testimony regarding the Variance application of Laxman S. Sundae. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of Public Hearing Notice on file with the City. Senior Planner Mack stated that the applicant is requesting a variance to enable him to build a house on a lot located at 2055 128th Street West. The variance request includes lot area and both side -yard setbacks. The lot was platted in 1969 and is considered legal non - conforming with current rural residential setbacks. Paul Heimkes, Building Official, has found the septic system design and location to be acceptable. Mr. Mack commented that the 5 findings listed in the Staff report and 3 additional standards must be met in order to grant the variance. Mr. Mack further stated that Staff believes the applicant has met all standards and findings and is recommending approval of the variance. He mentioned that Staff has received some inquiries from neighbors and they have a concern regarding runoff and drainage. , A discussion occurred regarding the history of the subject lot. Laxman S. Sundae, applicant, stated that the previous owner, Glenn Larson, owned this lot and the lot to the west for 30 years. Last year he sold both lots separately. Mr. Sundae stated that the septic system will work on this site and the low spot on the lot could either be filled or possibly be kept as a pond. Bill Stillwell, 12785 Barcardi Avenue, stated that he lives behind the subject lot. He commented that the neighbor to the east of the subject lot, the Vinjes, did not receive notice of this hearing and could not attend because they were on vacation. Mr. Stillwell stated that because of this he would like to Regular Planning Commission Meeting Proceedings August 13,1996 Page d see this matter continued. Mr. Stillwell further stated that he had several concerns with this variance request such as: trees will be cut down to build a house on the lot, too many septic systems in the area already and what recourse would the neighbors have if it failed, and drainage from and to the site (his main concern). Mr. Stillwell felt that the applicant was trying to squeeze a house on too small of a lot and that rules and standards were established for a purpose. Civil Engineer Litterer addressed the drainage concerns to the best of his ability without a grading plan being submitted by the applicant. Senior Planner Mack related the history of this neighborhood and possible setbacks, etc. at the time this development was platted. Terry Kramer, 2075 128th Street West, stated that he bought Glenn Larson's homestead one year ago and was under. the impression that the subject lot was unbuildable. He stated that he had a big concern with the drainage from and to this site and was concerned that if the elevation on the subject lot were changed it could cause problems on his lot. Mr. Kramer asked who would be liable if the applicant built on this lot and he had drainage and runoff problems. He felt it was premature for the Commissioners to decide on this variance. Susan Stillwell, 12785 Barcardi Avenue, questioned if this lot had been surveyed. Mr. Stillwell felt that a grading plan was needed and this item should be continued until such time as one is prepared. Mr. Sundae stated that if a drainage problem were to occur on Mr. Kramer's property, Mr. Sundae would have 28 feet on his property to correct the problem. He stated that he has not seen standing water on the subject lot as his neighbors were claiming. He further stated that only two trees on the subject lot will be cut down and that he has an interest himself in preserving the trees. Mr. Sundae mentioned that he needs to build and move by November 1, 1996. As there were no further comments from the audience, MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: McDermott, Shoe - Corrigan, Droste and DeBettignies. Nays: 0. Motion passes 4-0. Member McDermott stated that this property was grandfathered in regarding the setbacks and lot size area, however, he feels that the 3 -car garage is not grandfathered. In response to Member Shoe- Corrigan's inquiry, Senior Planner Mack reviewed the previously reviewed Ralph Hanson variance request. Senior Planner Mack mentioned that a Certificate of Survey and grading plan are required at the building permit stage of the process. City of Rosemount Executive Summary for Action Zoning Board of Adiustment Meetine Date_ Aimird 27. 1996 Agenda Item: Variance Petition for Rural Residential lot development - Laxman Sundae Agenda Section: Public Hearin Prepared By: Andrew Mack Agenda No: 8a Senior Planner Attachments: Certificate of Survey /Grading Plan; Memo Approved By: Dated 8/19/96 from Doug Litterer; Revised neighborhood mailing notice & list Members of the Board of Adjustment will recall a continuation on this request at it's meeting held on August 13, 1996. The continuation on this item was approved in order to accomplish the following: 1. Time fir the Vmje's (neighbors to the east) to attend the meeting due to not receiving notice. The notification list has been updated to include the Vinje's and a new notice of the continued hearing was sent to the surrounding property owners. Z Applicant to submit a certificate of survey and proposed grading plan relative to the proposed house, garage & driveway locations. Mr. Sundae has submitted a certificate of survey and grading plan as shown on the attached exhibit. The proposed location of the house, garage and driveway have been shown on the plan. The set back on the east side has been adjusted to 31.72 feet based upon this new information. This conforms with the minimum 30 ft. side yard set back requirement of the RR District. The house was shifted slightly to the west and now has a proposed side yard set back of 16.21 ft. to the west, a 13.79 variance. The survey also shows the location of structures on adjacent properties. The greatest distance from the subject property is to the north at approximately 12 ft. and ranges down to approximately 8ft. to the west. Staff is of the position that these existing conditions for adjacent properties, when combined with the overall character of other set back distances within the neighborhood, support findings for approval of the request as presented. Members of the Board will also note that the grading information supplied is found to be acceptable to the City's Engineering Department. Please reference the attached memo from the City's Civil Engineer. 3. Assess the location of trees on the sue. The applicant has identified the trees in the affected area of the request. In fact, a slight adjustment in the proposed building location was made in support of saving the maximum number of existing trees on the property. 4. Investigation of alleged f fls on the vacant lot. The applicant has indicated to Staff that the fills consist of fireplace brick and concrete rubble, which are exempted from laws requiring landfill disposal. According to the City's Building Official, these fills may remain in the ground for this property. The applicant has indicated that they may be salvaged and used where possible for improvement of the property. Recommended Action: MOTION to approve the lot area and 13.79 ft. west side yard setback variances requested by Laxman Sundae for Lot 9, Block 2 Jay Simon's Addition subject to: 1. Compliance with all other applicable zoning, building and development requirements; and 2. Review and approval of a detailed plan for connection of the driveway to 128th Street West by the City's Engineering Department, prior to approval of a building rmit for the ro Zonis Board of A 'ustment Action: MC S"/,Wt ;------------------ EROSION CONTROL MUST BE IN PLACE BEFORE FOOTINGSJ, PASS INSPECTION t------------- - - - - --4 * <', V � /11 0 i �J I i r O i ht =O' _ 6 48 � � I �02 6 I � r(3V(2g4 & / �f 'ytility ,d, .� KsemeKt y "00. / le � >' , h 0' � lo'* 1 16 74 .00 - _r\[II� r • � Proposed h se Bsmt el 3 46 It-no 00 ?�_ —I 10.00 j � J It� 51 Gar s6 E1 101 91k ►�s %� i �2 I 8.S ;bRALS —J 11 TV 1 � r ip F 0C a f I LJ I I I V �1 - -arp� 128th Street Wes 41- T MAX1M(J�J �f7Y.srell;t 14" cAP,k�/AA iRL i:l Q6f}- F.�Vps� Scale: 1" = 30'�wAY 1NlDTtH 2055 128th Street West .,6' icc if>fOT LDCATEO) DESCRIPTION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. ate Reg. No. 6140 S Lot 9, Block 2, JAY SIMON'S ADDITION Dakota County, Minnesota Plat bearings shown o Denotes iron monument Existing Proposed BRANDT ENGINEERING & SURVEYING oe 1 1i1 `� e \\ ~/� ili / ; / / }11111 1 \\a f / I / / /.' / / / lo, �'�/ / 98`o— / / / r11r` i 1 � \\�.�`• / / /,,c / f ! j� � :f- -� �\ r � �/ l {I 1 /'�� .*4% I / //� // � /� / r r(I � 986 \ } ♦ \ \ \� ��_ /{ 1 / / I }` WE r fi 11;1 • 964.5 �, / 1 �' — f / f err /c � �: `l ►� { It r J., oe ON j f l+ j r 0 2 -55 130 -59 /'018 -55 f / ♦_'�� r/ _ I \ / —� / 111 ♦\ ; /,o;,- 980 lb Cb WE 480 1 A or —120zw III Tj 1 ! r /..1/ 450 \ �— �� r \ 16 i \N WE 53.5 � /3v �. �4 MEMO TO: DAN ROGNESS, COMMUNITY DEVELOPMENT DIRECTOR FROM: DOUG LITTERER, CIVIL ENGINEER DATE: AUGUST 19,1996 RE: LAXMAN S. SUNDAE - VARIANCE Attached is the "Certificate of Survey for Seasonal Builders' for the Laxman S. Sundae lot located at 2055128th Street West. The lot drainage is proposed to be directed from the backyard to the north ditch of 128th Street West. I checked the ditch flow and it is west to east as shown on the survey at a grade of about 1 %. The proposed site drainage is acceptable to Public Works/Engineering Department. The site will be reviewed again when the home builder makes a building permit application. The home builder will have to receive permit approval from Public Works/Engineering before constructing a driveway within City right -of -way. Contact Public Works/Engineering for a permit application. The builder will be required to install a new corrugated metal pipe with flared ends. The pipe will be sized by the City. CC. Bud Osmundson, P.E.; Public Works Director /City Engineer Paul Heimkes; Chief Building Official Andrew Mack; Senior Planner Rick Pearson; Assistant Planner Tim Brown; Water Resource Coordinator laimeml mpd / 4 - . I I - Regular Planning Commission 1 fr ceedings August 27,1996 Page 9 MOTION by DeBettignies to recommend approval to the City Council of the PUD final development plan and preliminary plat for Hawkins Pond subject to: 1) incorporation of recommendations relative to grading and utilities by the Public Works Department; 2) provision of a boulevard tree planting plan to be approved by Staff, 3) park dedication in the form of cash in the amount established by resolution; and 4) conformance with requirements for Final Plat including execution of a development agreement to secure public improvements. Seconded by Tentinger. Ayes: Shoe- Corrigan, McDermott, DeBettignies, Tentinger and Droste. Nays: 0. Motion passes 54. MOTION by DeBettignies to recommend that the property be rezoned from Agriculture to R 1 Single Family Detached Residential. Seconded by Tentinger. Ayes: McDermott, DeBettignies, Tentinger, Droste and Shoe - Corrigan. Nays: 0. Motion passes 5-0. Chairman Droste opened the Board of Appeals and Adjustments to hear public testimony for the Public Hearings scheduled at this time. Public eating: Lawman S. Sundae - Variance Chairman Droste opened the continued public hearing to hear public testimony regarding the Variance application of Laxman S. Sundae. Senior Planner Mack related the background of this application stating that this public hearing was continued from the August 13, 1996, Planning Commission meeting. He reviewed the 4 primary concerns of the neighbors that were raised at the previous hearing. Mr. Mack stated that since the last meeting, Gary and Kim Vinje were notified of this present hearing, and the applicant submitted a Certificate of Survey and Grading Plan to the City pursuant to Planning Commission direction. The Engineering Department reviewed the Grading Plan and found it acceptable. Mr. Mack also mentioned that the applicant has made a change to the location of the house that will eliminate one of the side yard setback variances and saves more existing trees. The alleged fills on the site consist of fireplace brick and concrete rubble which the City's Building Official states can remain on the site. Mr. Mack stated that Staff is recommending approval of this variance. Gary Vinje, 2025 128th Street West, stated he was concerned how the development of this lot would effect the drainage in the neighborhood. He questioned what the proper percentage of drainage should be to which Civil Engineer Litterer responded should be 1 %. Mr. Vinje also questioned the front setback requirement to which Senior Planner Mack stated that the applicant meets this requirement. Mr. Vinje and Civil Engineer Litterer discussed the drainage in the area. Bill Stillwell, 12785 Barcardi Avenue, asked where the septic system will be located and questioned the flow of the drainfiedd to which Senior Planner Mack responded. A short discussion occurred on these issues. i Regular Planning Commission Pr— eedings August 27, 1996 Page to Terry Kramer, 2075 128th Street West, stated he was still concerned about the drainage issue and did not feel that it has been properly addressed. Mr. Kramer stated that it was a "cop out" on the City's part if there is any future drainage problem from this development. Senior Planner Mack addressed the liability issue if future drainage issues do occur on this site and the applicant has not complied with the submitted Grading Plan. As there were no further comments from the audience, MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: McDermott, Shoe - Corrigan, Droste, Tentinger and DeBettignies. Nays: 0. Motion passes 5-0. Member DeBettignies stated that the applicant was responsible for complying with the Grading- Plan. He stated that he was in favor of granting the variance. Chairman Droste congratulated Mr. Sundae on complying with the Commissioner's previous requests in such a quick manner. He stated that he understood the concerns of the neighbors; however, he is satisfied with the information provided by the applicant and Staff. Member Shoe - Corrigan questioned whether at final inspection the grading would be reviewed. Senior Planner Mack responded that no Certificate of Occupancy would be issued until the Grading Plan was complied with. Ms. Shoe - Corrigan stated she was also in approval of this variance. Mr. Sundae approached the Commissioners with pictures of alleged neighboring uses on his property. Some neighbors requested that they respond to Mr. Sundae. However, Member Shoe - Corrigan stated that this issue had no bearing on the variance decision. MOTION by Tentinger to approve the lot area and 13.79 ft. west side yard setback variances requested by Laxman Sundae for Lot 9, Block 2 Jay Simon's Addition subject to: 1. Compliance with all other applicable zoning, building and development requirements; and 2. Review and approval of a detailed plan for connection of the driveway to 128th Street West by the City's Engineering Department, prior to approval of a building permit for the property. Seconded by Droste. Ayes: Tentinger, Droste, Shoe - Corrigan, McDermott and DeBettignies. Nays: 0. Motion passes 5-0. Public Hearing: John and Joyce Remkus Variance Chairman Droste opened the public hearing to hear public testimony regarding the Variance application of John and Joyce Remkus. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of Public Hearing Notice on file with the City. Senior Planner Mack stated that when the applicant became aware of the lengthy agenda for tonight's meeting, he requested by written letter that this item be continued until September 10, 1996. Mr. Mack requested that this public hearing be opened and continued. ft X9.92 �LL 4-� a kf�� 0 S ss � 0� -122z.. 114pi g, z o s,s +®t WELL-, M� 4 .b' N M - f��� H oust R."M 102.96 sd'n� oat,, (o -:961U AVEA 100600 .IF rWgO It gA<JW 4] f� It" VISO'V� FqL?pt7D- 20sS / Z 8 '" 5 -/- w u 202,5 100.00 1 �O Z c) \ � f \DO r I, l E (9� y ==awP , 1 0 8 25 �4 W 6 /p/`� I I /ai�ayy� & / 4ilit, e r 1 asemerrt I �j 28.76 �! .00 — — 5?•�s — —I� r \ ` W.00 S� I L �� s Bsrnntt tk�hou� v I r I _ I i 28 1 24.00 Gd slab ,8 OlgQ� a El 1 101, V w a" � u I g e� 101.33 00•9 5200 lo, .;a 00 t FOE w"'-I -� "' 51 .,� . L I15 •100.0 as 17\ - 0`128th St1%.-e----t Scale: 30' 2055 128th I hereby certify that this survey, pion, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. 4:�z - %??, -M, Afit Oote Reg. No. 8140 DESCRIPTION 1 1. i I AZ jam J °o CA -Ohl ff ° o° v — a P --?i vvesi Street West Lot 9. Block 2, JAY SIMON'S ADDITION Dakota County, Minnesota Plat bearings shown o Denotes iron monument Existing Proposed BRANDT ENGINEERING & SURVEYING %. .­1� N Laxman S. Sundae 2635 -132nd Ct Rosemount, MN 55423 July 18, 1996" Rick Pearson Planning Department City of Rosemount ' Rosemount, MN 55068 t ', Sub:. Petition for_the_septic lank aad"d stance fro'hLpropert-yJ[ine ..variances at 2055- 128th St., Rosemount, MN. Dear Mr. Pearson: As you know our lot is less than 2.5 acres in size and this necessitates the above mentioned variances. Currently, Kuhonic Excavating company has proposed installation of a septic tank in the back yard ind water well in the frorit'yard as shown in the attached map. In this case, all wells located on the three surrounding homes will be more than 85' away from our septic tank. As an alternative site Mr. Kuhonic has suggested exchanging the location of a septic tank with water well. In this case the septic tank will-be located in the front yard and more than 100' from each well. We are also requesting two other variances. As you can see from the shaded area on the map that our house will be located 28' away from the west lot line and our garage will be located 20' away from the east lot line. As you can also see on this map that other homes are lot closure to property lines than our proposed site. This is a common situation in the whole neighborhood. We would like to move in our new home on or before November 1, 1996, therefore, whatever help you can provide to expedite this request will 6e highly appreciated. If you need any further information,• please feel free to give me a call at 861 -6970 and I will run to the city hall quickly. in rely, .Caiman S. Sundae ... F �07 t yi V0 5 '48 �, I .0 5 2. s r_ r/ -. -1 I — - i. t -- O (� airi'ay & f � � � tility � � I Vasemerft I loe / i 1 �/� CIO r � \ I fib. • __. 5r � \ I 6.7 500 _ 673 _ N 96.51 — { Jbp Proposed 96use Bsmt el 1 r" I 7Z `za oo EI Gar 14() I I ao�g Bk{ol. 3 003 I +o. ze o 1- t 5� `r I Scale: 1 " = 30' '00.981 1J F r Z 0 f w� N - I I I I r1 l j 00.00 CMP J h,/IStreet ��131-1 2055 128th Street West I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnpsoto. DESCRIPTION Lot 9. Block 2. JAY SIMON'S ADDITION Dakota County, Minnesota Plat bearings shown o Denotes iron monument Existing Proposed 1 BRANDT ENGINEERING & SURVEYING Laxman S. Sundae 2635-132nd Ct. August 7, 1996 Rick Pearson Planning Department City of Rosemount Rosemount, MN 55069 Sub: Petition Cojitirxkc Nip ttqz uWjjjAPr,,C fi0T8.PV0PCIdW 128tk5t., Roibinotint, NW. Dear Mr.' Pearson: Last week, I had a meeting with Building Inspectoi, W Paul Heimke. Paul had told me that the septic tanks rarely rail, it is the drain-fid&vj&W4ds. He finther suggested that we can use the same septic tank and have tht draMifild-Rcoaft6m the other direction.' Since our neighbors well is more than 75 feet Mem;our-lat'lih ' dw—viagMed to do that. In the distant future, if for some unknown reason, the septic tank fails and the second route betomes unfeasible, than we will siMVIy-ir*Wv i: fiWnd system as proposed in initial Kulhanec: design. We will have to be out of our house by October 15, 1996 and we will have to start building our hoe as soon as possible. Please put this matter before planning commission. If there A-e0nkidditional conditions the commission has full pow er to attach condition to ap pro val of our 'F Tkilk-you:very much for your anticipated cooperation. V. K - ien Laxman S. Sundae Zhu * ' , "j* i, -The on ginil, -KiTht6tc- nwing sh6, Mng M-lvcfi6j of stptie': tank was4'u'brfii fttd-fd F". tr X Ur N Cva Td WcOC:Za 9661 go *6% 0469 198 ZT9 'ON SNOW W31SAS M-4 OILJOSeued WMW CITY OF ROSEMOU NT Everything's Coming Up Rosem August 29, 1996 Laxman S. Sundae 2637 - 132nd Court Rosemount, MN 55068 RE: VARIANCE REQUEST Dear Mr. Sundae: ti q\ JO CITY HALL — 145th Street West P.O. Box 510 hrt. MN 5 68-0510 'or ' 2-423-4411 Fax: j2.423 -5203 As you are aware, on August 27, 1996, the Board of Appeals and Adjustments approved your variance request to the side setback and lot requirements in order to allow a residential use, subject to the following conditions: 1. Compliance with all other applicable zoning, building and development requirements, and, 2. Review and approval of a detailed plan for connection of the driveway to 128th Street West by the City's Engineering Department, prior to approval of a building permit for the property. Please be aware that a final Certificate of Occupancy will not be issued for this project until the final site grading is completed and the improvements are found to be in compliance with the approved grading plan. Please be advised that, pursuant to Section 15.2 of the Zoning Ordinance for the City of Rosemount, this variance shall become void on August 27, 1997, if no action is'taken on this variance. If this variance becomes void, you will be required to reapply for a variance. If you have any questions or concerns regarding this matter, please do not hesitate to contact me at 322 -2051. Sincerely, /JAN Andrew Mack Senior Planner cc: Dan Rogness, Community Development Director Rick Pearson, Assistant Planner Paul Heimkes, Building Official w;...ant,ta.M.. Doug Litterer, Civil Engineer roomw"p, o......,..,..".. Y.M,. � -.+ -__ - _ _ - ��r- +- IFi.�„r.r u.. r- .��J..� r. w_ __ _ _ - _ __ _ ..w...• _ _- _ __ __ _ � ty.V....Yr1Yyy�. ROSEMOUNT Everything's Coming Up Rosemount!! CERTIFICATE NO. 8498 CERTIFICATE OF OCCUPANCY CITY HALL 2875 - 145th Street West P.O. Box 510 Rosemount. MN 55068 -0510 Phone: 612423-4411 Fax: 612423 -5203 I hereby certify that the structure located at the address below, listed under the above building certificate /building permit, has passed final inspection. 2055 128TH ST W (ADDRESS) Lot 9, Block 02 - JAY SIMON 1ST ADDITION (LEGAL DESCRIPTION) ON: January 22, 1997 (DATE) section 307.(a) Use or Occupancy. No building or structure of Group A, E, I, H, B or R Occupancy, shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a CERTIFICATE OF OCCUPANCY therefore provided herein. COMMENTS: (Temporary rr Condiittionnaal�) : "Ewmmm to r'AdQ dattd'fe of Building Inspector) January 22, 1997 (Date) ® Iliri ed' livim wr OsFm�re/rnid� \y , CITY OF ROSEMOU NT Everything's Coming Up Rosemount!! Affidavit of Mailed & Posted Hearing Notice LAXMAN S. SUNDAE SETBACK VARIANCE APPLICATION STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss CITY OF ROSEMOUNT ) CITY HALL 2875 —145th Street Nest -P.O. Box 510 Rosemount, MN 55068-0510 Phone: 612423 -4411 Fax: 612423 -5203 1, Susan M. Walsh, do hereby affirm that on July 30, 1996, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office, Rosemount, Minnesota, a copy of the attached notice of a Public Hearing for consideration of a Variance, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. Su M. W , City Clerk City of Ro mount Dakota County, Minnesota ti Subscribed and sworn to before me this � day of _ J A V4 , 1996. Notary Public f W ELU ANNE aRUND OtMBY P'UBW — IId1YB1ESOTA DAKOTA c.OUMy co 21!= St. 2WO AAAAAM ® "'° MA"Iftift Rosemount Town Pages AFFIDAVIT OF PUBLICATION Kristin Franck, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Tbwn Pages, and has frill knowledge of the fads which we stated below: (A) The newspaper has complied with all of the requkements constituting qualification as a legal newspaper, as provided by Minnesota Statues 331A.02, 331A. applicable as amended. (B) The printed V�(1� which is attached, was cut ho®. the columns of said newspaper, and was printed and published once each week for ` successive eks; it fir ublished on Friday, the day of and was thereafter printed d lisped on ry Frr y, o and including Friday, the day of 19'L,�; and printed below is a copy of the Iower case phabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: By: Title: Typesetter i Subscribed and sworn to before me on this day Notary Public AFFIDAVIT CONNIE E. FIFAREK NOTARY PUBUC —M N**80TA MY COMtMISSM EXPIRES 1.31 -M Public Notice - .. _ - - LA%MAN & SUNDAE staMCM VARUNcalr APFUCATtort Tp wWmrrhW RNs !'(OTltal3S i�T fAYQta a 31asd Appear asd Aq� d 6e �I d Ya.mooa rdS ietd � P06Ya rrsanlai a waider the been Sated bdos on Tuesday. Asps 13.1994 b de r—R Oimbaad6a aq HA 7i1S 1456 Swo Wet. Melsvaat TAO PAL ar r soon 6 neshor as poat3 la. 76L P "a beat perwho Is had Wood U2001196tINdW L Tea pupa" of 60 p061i0 heads& Is a aOtr W 160 *anowaw, ama ao®e i® is aft womb" 0 saddMM se, an a in of wend - Let 9. SSae6 2 hW SlmodsP6atAad 9m Pascal Wh1WMg 0 gPW& as an lame as hna d to anew and be beard Al mb 03eebbrd PGW910011W Rsmd .slues aeemeal0 win oleo be 0eoe;ted pdor 0 t60 =MAE asst. Pkm i 'am w — easmeor� eer iagalriea 10 e60 Pbtmis= DspriamenK gotammo<arodl375 -7061. Dated d&306 dry dhpy ML dt gwwshLWd&aoat>t ageetleo.oa" Dda1r otsMM 6rmatta r _ • \y CITY OF ROSEMOUNT Everything's Coming Up Rosemount!! Public Notice LAXMAN S. SUNDAE SETBACK VARIANCE APPLICATION TO WHOM IT MAY CONCERN: CITY HALL 1875 -145th Street West P.O. Box 510 Rosemount. MN 55068-0510 Phone: 612423 -4411 Fax: 611. 413.5203 NOTICE IS HEREBY GIVEN, the Board of Appeals and Adjustments of the City of Rosemount %will hold a Public Hearing to consider the item listed below on Tuesday, August 13, 1996, in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 7:00 p.rm or as soon thereafter as possible. This public hearing pertains to land located at 2055 128th Street West. The purpose-of the public hearing is to review the application of Laxman S. Sundae to allow a variance to the side setback and lot area requirements in order to establish a residential use on a lot of record - Lot 9, Block 2, Jay Simon's First Addition. Persons wishing to speak on this issue are invited to attend and be heard at this scheduled public hearing. Formal written comments will also be accepted prior to the meeting dates. Please forward all written comments and/or inquiries to the Planning Department of the City of Rosemount or call 322 -2051. Dated this 30th day of July, 1996. Sus in M. Wa1 , City Clerk City of Rc e1fiount Dakota County, Minnesota Airdw k/- a�f70i �erar�raerawedib, PUBLIC HEARING NOTICE City of Rosemount Planning Commission TO: Property Owners Within 350 feet APPLICANT: Laxman S. Sundae PURPOSE: To hear public comment relative to a request for a variance to the side setback and lot requirements in order to allow a residential use. LOCATION OF 2055 128th Street West PROPERTY: MEETING: 7:00 p.m., Tuesday, August 13, 1996 PLACE OF City Council Chambers HEARING: 2875 - 145th Street West Rosemount, MN 55068 HOW TO 1. You may attend hearing and comment. PARTICIPATE: 2. You may send a letter before the hearing to the Planning Commission, P.O. Box 510, Rosemount, MN 55068. ANY QUESTIONS: Please call the Planning Department at (612) 322 -2051. IMPORTANT MESSAGE FOR GATE 1 4— 1(0 TI M E .LL... 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