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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. 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