HomeMy WebLinkAbout3.a. Request by Laxman Sundae Regarding Drainage Issue at 2055 128th StreetAGENDA ITEM: Request by Laxman Sundae Regarding
Drainage Issue at 2055 128 Street
AGENDA SECTION:
Discussion
PREPARED BY: Kim Lindquist, Community Development
Director
AGENDA NO. j /t•
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
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
APPROVED BY:
DAJ
RECOMMENDED ACTION: Information Item
4 ROSEMOUNT
CITY COUNCIL
City Council Work Session: October 14, 2009
EXECUTIVE SUMMARY
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
VARIANCES
Lot Area
0.87 acre
FINDINGS
Required Lot Area
2.5 acres
CITY OF ROSEMOUNT
E.__,:UTIVE SUMMARY FOR ACTIOI`
Planning Commission Meeting Date: August 13, 1996
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.
Side Yard Setbacks
28 feet (house west side)
20 feet (garage east side)
Required Setbacks
30 feet
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.
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.
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
VARIANCES
Lot Area
0.87 acre
FINDINGS
Required Lot Area
2.5 acres
CITY OF ROSEMOUNT
E.__,:UTIVE SUMMARY FOR ACTIOI`
Planning Commission Meeting Date: August 13, 1996
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.
Side Yard Setbacks
28 feet (house west side)
20 feet (garage east side)
Required Setbacks
30 feet
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.
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.
:4. Strict or literal interpreta would deprive the applicant of use and enjoyment of his
property in a manner sirn..,,r to other owners in the same disu ict.
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 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:
4. Strict or literal interpretati would deprive the applicant of f use and enjoyment of his
property in a manner similar to other owners in the same dist1 ,Lt.
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 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:
tA\
Q
D om-,.
1 rues
611.5144p 115 SQ L`
X1 15; v 5 f eO Gan 4 44.-4,4 -;vYt
Q5
r 1_ S b
2. 5.1 l a o
r' '14A)
r
E
8 00 030g2A
o� 704 Pp�ErC
P; ic
e c? 7 ,5 Wvilihrt-6 q) L &ATI de(
D30)
59 .92
1 7— rsSs/
LO VET CX-
6
Rse-1-40 Ur TO
RLT
TA'ziv
Neighbor's Well
97.59
30'
Neighbor's Well
11
j
1
(00
EA5t (IT
Location
a
100.00 A5!4fNr
gr—Mir% 12 8
70 2 -9
3 W, RE,rc/i
8' Ap4R7
60 n.. Neighbors
(0032)
20Zs
100.0
i
City of Rosemount N
VARIANCE PETITION
Date: 'iv y 9g t
Applicant: Phone: 4 2 3 c7 4 7
Address: 2 3 /32. C 7, 4 e -t( MN s-ro 68
STATUS OF APP ICANT:
Owner Buyer Lessee OTHER: Ce `f `11-1"4- -4/
LOCATION: Lot Block Addition
Street Address: 2 o$ 5 l 22.
REASON FOR REQUEST:
Metes Bounds Description Attached: 1/
Survey or Plot Plan Attached:
Attached:
Variance Requested:'O?"1( �c TQ„ Q -1 4
Wv,
Current Zoning: R y4
2. Alvr -44. Le ,1.
eWi 4 deo/ Zei 2.S( 1 2 0
3. Id" 244, -S
FOR OFr USE ONLY
Application received by: V)1(r L .0 \mi l .Date: 9 (a
Fee: S IQ) CX) How Paid: C.ssk. ?Iola Date: `1-
Planning Commission Action:
Date: r Q 3- `j Co
a 3o, ?&a
of X'L &a ,.41,4 C'
signature or Applicant
^-ommission Meeting Proceedings
were no comments from the audience, MOTION by DeBettignies to close the public
earing. 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 building 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.
Public Hearing: Laxman S. Sundae Variance
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 Iot. 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 4
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
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 Adjustment Meeting Date: Ault 27, 1996
Agenda Item: Variance Petition for Rural Residential lot
development Laxman Sundae
Prepared By:
Andrew Mack
Senior Planner
Attachments: Certificate of Survey /Grading Plan; Memo
Dated 8/19/96 from Doug Litterer; Revised
neighborhood mailing notice list
Agenda Section:
Public Hearing
Agenda No: 8a
Approved By:
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 for the Vinje'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.
2. 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 site.
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 fills 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 permit for the property.
Zoning Board of Adjustment Action: rOi dJ n Ski ec '1`0 c id
4
EROSION CONTROL
MUST BE IN PLACE
BEFORE FOOTINGS
PASS INSPECTION I
4>,/
rTh
r
16.79
&AJfl LS /1
SiLTFe#14:i
R6V l2 sEP I9%
rX/
1 1 a ir(ag4
4a s emer(t
5
-96—
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 nesota.
ate f 1 cgP )19Z ?6V Reg. No. 8140
M765 v
102. 68,.w
DESCRIPTION
Existi g,
'lf11
p.9%
U
cn
O
acsio'178th Street West
DR CS MAXIMUM 4/ 15141.. 14 "i¢ CMP�w /METPL CL1 P.b�?-
Scale: 1" 3o El/VA Y WIDTH 2055 128th Street West
CsE1'J%C ovar L ct &a)
Lot 9, Block 2,
JAY SIMON'S ADDITION
Dakota County, Minnesota
Plat bearings shown
o Denotes iron monument
Proposed
CUP
.bb;
BRANDT ENGINEERING SURVEYING
tLi' 4,
964. 5
1 \1N •1
//1� J 1 Ns
\0 \9e
1/ ti
l
1J
)2 f
s '`CQ4 -Sb n
ti
1 j'n
A
0/ 11
980'
i�
r
1
Ji
/a7 ?xi sr. w,
e1
l II
-...\g\ 1
\o V
N 1
�Z
1 111// 990
1 i R
/ill
1/11 J
.o:
N.
MEMO
TO: DAN ROGNESS, COMMUNITY DEVELOPMENT DIRECTOR
FROM: DOUG UTTERER, 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 2055 128th Street West. The lot drainage is proposed to be directed from the
backyard to the north ditch of 128th Street West. t 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
tazmeml.wpd
Regular Planning Commission Proceedings
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 5-0.
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 Hearing: Laxman 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 drainfield to which Senior Planner Mack responded. A short discussion occurred on
these issues.
Regular Planning Commission Pr—eedings
August 27, 1996
Page 10
1
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 Iengthy 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.
1 Q it9' M+
8
Z o ss
•SZ5
1- 114641sea
o
r
ire asi
3
b
w OIL
1
HouSc
20
e M id ft
100.00
N
Cri
'9.
5
59
I rtu4o i' FlL
U, ►*1. G. -'?"1 A
f 70.
ZosS z 8 4.- 571-
PL/
it=
1 02 96
So' n,d
Fpoll
gaftikeim amid d
2
(032)
ft
100.00
r�Z AnY) 61 l( S v1 107:70IVV
r D '1
i
N 15
I Aa
s-- t
=MP ,-100.0
-N Ca 1
`;oo.95 1 28th Stet
x___
Scale: 1" 30'
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.
Date U 4W— 9 9 Reg. No. 8140
CUP
Lot 9, Block 2,
JAY SIMON'S ADDITION
Dakota County, Minnesota
Plat bearings shown
o Denotes iron monument
Existing Proposed
J
2055 128th Street West
DESCRIPTION
BRANDT ENGINEERING SURVEYING
.�j
Rick Pearson
Planning Department
City of Rosemount
Rosemount, MN 55068
Dear Mr. Pearson:
Sub:.Petition for the_ tank arid. s`t nce I from.property_line variances it 2055- 128th St.,
Rosemount, MN.
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 and 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 tie 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.
.4.
;1 is
Laxman S. Sundae
2635 -132nd Ct
Rosemount, MN 55423
July 18, 1996
Laxman S. Sundae
1 1. t
a
7
'merely,
...,.I t t
Scale:
co
I` to `1105 '48,.w
s
oy
,dairfagg�
f tdity
(asemerft
1
1
-K r
•_,ter.
673
5
30'
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 Min ota.
adir
Date 20 /A- 6- 1 9', RD( Reg. No. 8140
1 I
i
ter.
1
/15
0
Lot 9, Block 2,
JAY SIMON'S ADDITION
Dakota County, Minnesota
Plat bearings shown
o Denotes iron monument
1
Exist Proposed
0
8
6 J
Q° '128th/1Street Wesf
(ccci.v
2055 128th Street West
DESCRIPTION
BRANDT ENGINEERING SURVEYING
1
Dear Mr:Pearson:
Td WdE2 :E0 966t 90 •Enti
Laxman S. Sundae
2635-132nd Ct.
rRosemotmr; MN
August 7, 1996
*4.• rti!
Rick Pearson
Planning Department
City of Rosemount
Rosemount, MN 55068
•r'
Sub: Petition fel' the.s.cptic t tank,anct,Ltaure frota..ptopeetAine. 2 01128t1L,St.,
Rot6notint, MN.
4
Last week, I had a meeting with Building Inspector, Mr. Paul Heimke. Paul had told me
that the septic tanks rarely fail, it is the cfrainTfiavAidilliis. He further suggested that we can
use the same septic tank and have the draii)fiik1:1( the other direction: Since our
neighbors well is more than 75 feet friiirimuafttlitie*i"dircitled to do that.
In the distant future, if for some unknown reason, the septic tank fails and the second
route becomes unfeasible, than we will siniplytinfl'..iiiiotind system as proposed in initial
Kulhanee 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
iiieaxadditional conditions the commission has full power to attach condition to approval of our
1; much for your anticipated cooperation.
i 8
Laxman S. Sundae
',..;::.ii• t i i .......1,t ....itt: '..::s...:.:::•.::-. ...t.z...•...._:_ut, ;...11. ::',...2! ii:..,:ilk?:, 1....-i•.■
r
-...i. 4..p .i. ,......j.i. zh...: ..1::. ..:..f..7 aiil:-. E. i.i...•,..liriedt
1 :::a. .....tt
15
0 '...ar•-• f :!:.•:.....f. 2.:::... Qtl.--
`...**'...P:...S'.•;-Tlie originfikKiilhinectrawing t!:!. i i;
1 v t:-sh6wing ihelocition• of stiptic F.: 4
1 :;-9i* tank was- Piilti' i f 1 '-i ''...L: 4.' :•;;:f i
••..•...d
...A.A..
15. 1
1
t•
0L69 198 E19 'ON 2N0Hd waisAs Mold 3 I GOSeUPd WONJ
August 29, 1996
Laxman S. Sundae
2637 132nd Court
Rosemount, MN 55068
RE; VARIANCE REQUEST
Dear Mr. Sundae:
CITY OF ROSEMOUNT
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:
Please be aware that a final Certificate of Occupancy will not be issued for this project until the final
site grading is completed nd 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 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,
Andrew Mack
Senior Planner
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.
Everything's Coming Up Rosemount!!
cc: Dan Rogness, Community Development Director
Rick Pearson, Assistant Planner
Paul Heimkes, Building Official
Doug Litterer, Civil Engineer
CITY HALL
2875 145th Street West
P.O. Box 510
ount. MN
5068 -0510
12- 423.4411
2-423-5203
Ai ordm renew/ pip.
raememsonw nukes*
CITY OF ROSEMOUNT
Everything's Coming Up Rosemount!!
CERTIFICATE NO. 8498
CERTIFICATE OF OCCUPANCY
I hereby certify that the structure located at the address below, listed
under the above building certificate /building permit, has passed final
inspection.
ON:
2055 128TH ST W
(ADDRESS)
Lot 9, Block 02 JAY SIMON 1ST ADDITION
(LEGAL DESCRIPTION)
January 22, 1997
(DATE)
Section 307.(a) Use or Occupancy. No building or structure of Group A,
E, I, H, 8 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 or Conditional): S
(Si. at e of Building Inspector)
-January 22, 1997
(Date)
CITY HALL
2875 145th Street West
P.O. Box 510
Rosemount, MN
55068 -0510
Phone: 612-423-4411
Fax: 612- 423 -5293
a
m•
IminitdolimmWmpet
ontagoOM
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF ROSEMOUNT
CITY OF ROSEMOUNT
Everything's Coming Up Rosemount!!
Affidavit of Mailed Posted Hearing Notice
LAXMAN S. SUNDAE
SETBACK VARIANCE APPLICATION
ss
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.
n M. W.. City Clerk
ity of Ro mount
Dakota County, Minnesota
Subscribed and sworn to before me this day of 31/4 )t kl 1996.
KELU ANNE GRUND
NOTARY PUBLIC MINNESOTA
DAKOTA COUNTY
NM Comm. Expires Jan. 31. 2000
61t,t Ri„,„
Notary Public
CITY HALL
2875 145th Street West
'P.O. Box 510
Rosemount, MN
55068 .0510
Phone: 612-423-4411
Fax: 612 -423 -5203
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 Town Pages, and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting
qualification as a legal newspaper, as provided by Minnesota Statues
(B) The printed applicable �a� ended.
(B) The inted
which is attached, was cut from the columns of said newspaper, and was
printed and published once each week for successive
we eks; it firetaublished on Friday, the day of
and was thereafter printed id fished on
i
y Fr a o and including Friday, the day of
19\-)s1 :and printed below is a cony of the
lower case ph from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the compcsition
and publication of the notice:
a>tt+aTa
Title: Typesetter
Subsc ibed and sworn to before me on this day
of
194
AFFIDAVIT
CONNIE E. F1FAREK
NOTARY PUBLIC -4 NNESOTA
MY COMMISSION EXPIRES 1-31-00
Public Notice
LAXMAN S. SUNDAE
SETBACK VARIANCE APPLICATION
TO WHOM IT MAY CONCERN:
NOTICE Is HEREBY GIVEN, Re Bad at Appeals sod
Adjustments d the 0371 d Ammonia will bold a Psblie
g m consider tbs seem Hard below on Torch).
August 13.1994 in the C000d l C4amhms d aqr Hs4
21S7S 145th Saes* West benisoog at 703 pm or as sum
®rehire as posal6le. This pa6He bmdag mains to bed
loaned at?AS51281h Motet West.
The purpose of th. public, bowing is to review the
sppHnsnm efLamm S. Smiths to albw a.atimm to a.
side stark and lot area regair®ta in otda to putrid
u residmdd ta m s Ira of weed Let 9. pock 2. SKr
SimodsArm Ad ems.
Rams wishing to sped m cis Wee we invited to amend
sod be beard at this scheduled pubic heating. Rmma1
written commeata win abo be accepted prior to the
mean dem Plans feeward ell wdoen comma mac
inquiries to the Planning Department of the City of
Rmmnosst at nA 322 -9SI.
Dated this 304 day dimly, 1996.
Id
Sem M. Webb. ap CM!
City etReeem st
Dakota Come& bfmoeseet
I HALL
CITY OF RO S E M O U N T 2875 -145th Street West
P.0. Box 510
Everything's Coming Up Rosemount!! Rosemount, MN
55068 -0510
Phone: 612 423 -4411
Fax: 612-423-5203
To WHOM IT MAY CONCERN:
Dated this 30th day of July, 1996.
Public Notice
LAXMAN S. SUNDAE
SETBACK VARIANCE APPLICATION
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.m. 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 Latman 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.
Sus n M. Wal City Clerk
City of Ros ount
Dakota County, Minnesota
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:
PLACE OF City Council Chambers
HEARING: 2875 145th Street West
Rosemount, MN 55068
PUBLIC HEARING NOTICE
City of Rosemount
Planning Commission
MEETING: 7:00 p.m., Tuesday, August 13, 1996
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.
TELEPHONED If E CALL
CAME TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
RUSH
RETURNED YOUR CALL
SPECIAL ATTENTION
IMPORTANT MESSAGE)
FOR 11)- h��AJ
l.
DATE 4 IQ) TIMEI )b
M L O%.,( fr10.c1 S an
OF
PHONE
0 FAX
O MOBILE
SIGNED
1,,J%‘
la°V110
AREA CODE NUMBER ORENSION
ba. axt CDC (4)0 )kS
r
AREA CODE TIME TO CALI.
MESSAGE
,s.
0
\Lb
Wag FORM 3002S
MADE IN U. S.A.
Irs
Sh c-
1'vo Ca 41_ 0
over' h
OA)) v l`o .!4 -4 "'on Q ti+r pp! te rfroviiti
doe_ 6
Me- &I'll
0Lbeehvy•
9
n
cn
f
cie)
N V'
7
i Y
0
0
P
F
CFI
or
a' dl`C -f