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Home My WebLink About6. Gerald Burd Sideyard / Setback Appeal�11 (i 2875-145TH ST W. �SG /r[ 0� � � ROSEMOItNT. MINNESOTA 55068 / [ 612---423-4411 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE STATEOFMINNESOI)A COUNTY OF DAKOTA}ss CITY OF ROSEMOUN Stephan Jilk, being first duly sworn, deposes and says: I am a United States citizen and the duly qualified Clerk of the City of Rosemount,Minnesota. On October 8, 1987, acting on behalf of the said City, l posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office, Rosemount, Minnesota, copies of the attached notice of a public hearing for the request of Gerald L. Burg for an appeal to the September 15, 1987 Planning Commission denial for variance to side yard setback, 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. Stephan Jilk `r Administrator/Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this 8th day of October, 1987. No ary PubYc '"A'A nnnMMAnnnntiVh�.�'.�,,��; .� �a SUSAN h7 ! � : � NOTA; Pt"3L( 7 r 4 nft:;il i rr MY CUAA61 kr � tt tsry2 �. YvvWiYANVWrpyW� o 2875-145TH ST W. ROEOUNT. MINNESOTA 55068 oS�^� 612--423-44 41 Public Notice TO WHOM IT MAY CONCERN: The City Council of the City of Rosemount will hold a Public Hearing on Tuesday, October 20, 1987 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.m. The purpose of this hearing is to receive comments on an appeal to the Variance Petition of Gerald L. Burg, 14875 Camfield Circle, who requested a variance to side yard setback requirements to build a new residence with an attached three car garage on Lot 1, Block 2, O'Leary's Hills Second Addition, which was denied by the Planning Commission at its September 15, 1987 meeting. Such persons as desire to be heard with reference to the above will be heard at this meeting. Dated this 5th day of October, 1987. `eSteplhatoilk Administrator Cler City of Rosemount Dakota County, Minnesota ` GERALD L. BURG SIDE WD SETBACK VARIANCE REQUESik. MAILING LIST VALLEY OAK ADDITION REPLAY 1. Winds Crossing Co. Lots 19-28, Block 2 15594 Cornell Trail P.O. Box 83 Rosemount, MN 55068 Q'LEARY'S HILLS THIRD ADDITION 2. Parkgreen, Inc. Lots 1-5, Block 2 P.O. Box A Rosemount, MN 55068 SECTION 31 3. Isadore J. Gergen 24686 West Cedar Lake Drive Jordan, MN 55352 O'LEARY'S HILLS SECOND ADDITION 4. Parkview Inc. Lots 1-6, Block 1 3480 Upper 149th Street West Rosemount, MN 55068 5. Herb Wensmann 14340 Pilot Knob Road Apple Valley, MN 55124 6. Gerald L. Burg 14875 Camfield Circle P.O. Box 38 Rosemount, MN 55068 ' . 7T/n 2875-145TH o ST. W ROEMOUNT. MINNESOTA 55068 Jeu 612-423-4411 TO: Mayor, Council, City Administrator FROM: Dean Johnson, Director of Community Development DATE: October 16, 1987 SUBJ: October 20, 1987 Agenda Item 6 Gerald Burg was denied a variance to a side yard setback on Lot 1, Block 1, O'Leary's Hills Second Addition.; This particular parcel is a corner lot at the intersection of 155th Street and Shannon Parkway. Mr. Burg has an option to buy the property, which is vacant. He is proposing to build a new home on the lot. There are several problems with this request, which we discussed with Mr: Burg before he even applied for the variance. As a PUD, O'Leary's Hills Second Addition was approved with narrower lot frontages across the board. Parkview Inc., like all other developers in recent years, appealed to the City to allow narrower lots. The purpose -being to reduce development costs and to allow "proper relationship" of narrower homes to lot widths. The City has, accommodated these 'requests, but cautioned that we are not going to accommodate setbacks. Indeed, we have even increased setbacks to guarantee adequate structure setback. The specific request in hand is to allow an eight feet exception to the sideyard along Shannon Parkway. The need for the exception is solely to permit the applicant'sparticular style of home. Mr. Burg has selected a house plan that includes a three-car garage. In addition, there is a sire feet foyer between the house and garage. It is a very nice home;' unfortunately, it does not fit on this lot. There is no hardship or unusual circumstance related to this parcel There are several other homes that have been built in this subdivision that would fit on this lot. There may be a personal hardship for Mr. Burg; in that, he cannot build on this lot. That unfortunately has no relevance to our ordinance requirements or variance procedures. This particular intersection warrants comment, as well. Both Shannon Parkway and 155th Street are MSA collectors. We clearly anticipate higher traffic volumes on both streets, as compared to local streets. The need to protect visibility and site distance at an intersection of this nature goes without saying. Finally, this lot is the first lot proposed to be built on along Shannon Parkway. Approving this request would set a precedent for future structure placement all along the entire mile of new roadway in Section 31. Attached for your review are the "findings" required in approving a variance or appeal. I cannot recommend approval of the appeal by Mr. Burg. r 1 (Ifib � O lOa V":;t V 050L 1 r A 6�S »zz.rz'�---- �,• rr F�: t OfZ�_.N w8£.f£,6=v tr't'S tsrt = v ..... l -t 61 `9oZ=� c. ».6�ra'r H �o w 91, £0,61= 7 yj s�t !I S6 °z ' _ - 00'oozlIN ,rS •661 o w 4.61=v 9Z.8 :.v l AQ'4gl f IN 68'Z6f ' t S9pl = t oa. =Q t89£F9r0 I9 =V 691 GJ t00L7 aO b 7,rS1; -vNb c. o� j o ti ZZo Li l s I M ,.h',t�,68 s I 000r I 000v f Y 17 .9 lm"6rer,60 N !� ` or ►F 'OL r1 ' 9l tl 'l8 19.91 8t '001 0001 omp " r 1 (Ifib � O lOa V":;t V 050L 1 r A 6�S »zz.rz'�---- �,• rr F�: t OfZ�_.N w8£.f£,6=v tr't'S tsrt = v ..... l -t 61 `9oZ=� c. ».6�ra'r H �o w 91, £0,61= 7 yj s�t !I S6 °z ' _ - 00'oozlIN ,rS •661 o w 4.61=v 9Z.8 :.v l AQ'4gl f IN 68'Z6f ' t S9pl = t oa. =Q t89£F9r0 I9 =V 691 GJ t00L7 aO b 7,rS1; -vNb c. o� j o ti ZZo Li l s I M ,.h',t�,68 s I 000r I 000v SECTION 14. Board of Appeals and Ad- justments Subd. 14.1 Avtborisetbn, ftwo and Dwi" The Planning Commission shall act as the Board of Appeals and Adjustments and shall have the power to heat and decide, subject to appeal to the Village Coun- cil, requests in the following cases: a Aposk. Hear appeals where it is al- leged that there is an error in s deci- sion or judgement made by an adminis- trative officer in the interpretation or enforcement of this ordinance. b. letsrpretat•ion. Interpret the boundary lines between zoning districts when such questions arise and interpret the provisions of this ordinance in such a way as to carry out the intent and pur- pose of this ordinance. c. VerIs ws. Grant variances or relief from literal ordinance requirements in instances where strict enforcement would cause undue hardship because of circumstances unique to the indi- vidual property under consideration. Subd. 14.2 ►roce&ms a. AppReeri" ssd Fogs. Application must be made to the Village Clerk on forms provided by the Village and shall in- clude all information and data request- ed. The application fee sball be $10.00. b. Pi" Noorinq. Within 30 days after filing of a request for variance, inter- pretation or an appeal, the Board of Appeals and Adjustments shall set a date for hearing thereon. For a vari- ance, interpretatiott or appeal, notice shall be published at least 10 days prior to the day of the hearing and for a variance, notice shall be mailed to each property owner within 200 feet of the property to which the variance relates. Upon hearing the request, the Board may approve or deny the re- quest and shall state reasons for said action. It shall thereafter prepare an order of findings and serve such order on the petitioner. In the granting of a vanance, the Board may impose con- ditions and state those conditions in the order to insure compliance with the ordinance latent. c. Apoeb Within 15 days of the date of the order, the petitioner or an af- fected property owner may file with the Village Cleric an appeal to the Council from the decision of the Board. The Council shall thereafter set a public hearing and make a decision thereon to approve or deny the vari- ante. Subd. 14.3 ii*AWV The Board and the Council, upon appeal, must find as follows in the granting of a variance ham this ordinance: a Granting a variance will not adverse- ly affect the public heats, welfare and safety and will not be detrimental or Injurious to property or improvements in the neighborhood. b. Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship inconsistent with the intent of this ordinance and the Guide Plan. c. There are exceptional or ertraarcti- nary circumstances or conditions a,pph cable to the property, use or facilities that do not apply generally to other properties in the same district. d. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his property in a manner similar to other owners in the same dis- trict. e. Granting of the variance will not allow a use which is otherwise riot a per- mitted use in the zoning district in 'ovation. Subd. 14.4 LeW and ResppN ails* a A variance panted but not used shall become void one year after iu effec- dve date. Q No application for the same or sub- standatly the same variance shall be made within six months of the date of denial. C T 1 6 RECtt CITY OF ROSEMOUNT COPIED to COUNCIL ADPLICATION FQR PAYMENT OCT 14 17 NO. rg�g • tats+.t Rose CITY PROJECT NO: 169 SEH FILE NO: 671Zr PROJECT: . CowKew�owo.. ?r� CONTRACTOR: 1AC .a+. GKfia 4 CO. CONTRACT DATE: �`t60s( Jo.y �' PLICATION DATE: l0 jl Zf 87 MK! FOR PERIOD ENDING: �O� l I87 SS Total Contract Amount $ 116,0168S Total Amount Earned $ N 6 80 67 Material Suitably Stored on Site, Not Incorporated into Work $ Contract Change Order No. Percent Complete $ Contract Change Order No. Percent Complete $ Contract Change Order No. Percent Complete $ GROSS AMOUNT DUE LESS S$ RETAINAGE ................... AMOUNTDUE TO DATE .................... LESS PREVIOUS APPLICATIONS ............ AMOUNT DUE THIS APPLICATION ........... APT. ED: 4 .1 , r JA / Richard M. f' i, City'Engineer% irector of Public Works $ //6,68067 $ 6-83+ zZ $ / /Oi 816 4S S $ APPLICATION FOR PAYMENT ------------------------- (UNIT PRICE CONTRACT) NO. 1 OWNER: ROSEMOUNT, MINNESOTA OWNER'S PROJECT NO. 169 ENGINEER'S PROJECT NO. 87121 ---------------- LOCATION: ROSEMOUNT, MINNESOTA ------------------------------- CONTRACTOR McNAMARA CONTRACTING CO., INC. CONTRACT DATE 14605 JOHNNY CAKE RIDGE RD. CONTRACT AMOUNT $116,016.82 APPLE VALLEY, MN 55124 ------------------------------- CONTR. FOR CONNEMARA TRAIL STREET CONSTRUCTION --------------------------------------------------------------------- APPLIC.DATE __ 10L 12 -L87 ---------------- PERIOD ----------- -PERIOD END. 10/01/87 APPLICATION FOR PAYMENT ----------------------- CONTRACT QUANTITY UNIT DESCRIPTION UNIT QUANTITY TO DATE PRICE TOTAL - 2105.501 COMMON EXCAVATION C.Y. 1500- t 1.00 $ -j-;'SA8:8AZ7u^ 2105.521 GRANULAR BORROW (L.V.) C.Y. 2111.501 TEST ROLLING RD.STA 2112.501 SUBGRADE PREPARATION RD.STA 2116.501 CORE EXCAVATION 2116.503 AGGREGATE BACKFILL C.Y. C.Y. 1500 -0- 3.85 $ -0- 21 18.7 5.00 $ 93.50 21 18.7 100.00 $ 1,870.00 300 23-287 3.00 $ 6,861.00 13, w 300 -2-'28ZZ672 5.00 $ -11.43 -BA 2211.503 AGGREGATE BASE PLACED, C.Y. 2473 2,473 CL. 5 (P) 0211.504 4" AGG. BASE FOR S.F. 16506 16,506 SIDEWALK, CL. 5 (P) PAGE 1 OF 3 SHORT-ELLIOTT-HENDRICKSON, INC. 8.40 $ 20, 773.20 0.17 $ 2,806.02 PAGE 2 OF 3 SHORT-ELLIOTT-HENDRICKSON, INC. 2331.504 BITUMINOUS MATERIAL FOR TON 59 53.81 150.00 $ 8,071.50 MIXTURE 2331.514 BASE COURSE MIXTURE TON 1300 1,195.7 8.50 $ 10, 164.33 / 's- 1Z, 601.50 2341.504 BITUMINOUS MATERIAL FOR TON 97 84.01 150.00 $ 1%-6831x88' MIXTURE 2341.508 WEARING COURSE MIXTURE TON 1610 1,527.5 9.50 $ 14,511.82 2357.502 BITUMINOUS MATERIAL FOR GAL. 540 425.00 1.00 $ 425.00 TACK COAT 0504. 602 ADJUST VALVE BOX EACH 13 13.00 90.00 $ 1,170.00 2506.511 RECONSTRUCT MANHOLES L.F. 10 --- 200.00 $ --- 2506.512 RECONSTRUCT CATCH BASINS L.F. 10 200.00 $ --- 2506.522 ADJUST FRAME AND RING EACH 27 27.0 125.00 $ 3,375.00 CASTING 2521.511 2" BITUMINOUS WALK (P) S.F. 14672 14.672.00 0.30 $ 4,401.60 3266 M7/7, to. - 2531.501 CONCRETE CURB & GUTTER, L.F. 3850 4.20 $ 46yP)4,. DESIGN B618 2531.507 7" CONCRETE DRIVEWAY S.Y. 25 38:88 20.00 $ 740-x98 PAVEMENT 2554.505 PERMANENT BARRICADES L.F. 32 20.50 $ -- PAGE 2 OF 3 SHORT-ELLIOTT-HENDRICKSON, INC. APPLIf6ION FOR PAYMENT - Continued Total Contract Amount $ 116,016.82 Total Amount Earned • Material Suitably Stored on Site, Not Incoporated into Work Contract Change Order No. Percent -Complete $ Contract Change Order No. Percent Complete $ Contract Change Order No. Percent Complete $ //0,680. GROSS AMOUNT DUE........ ..... $ -H4-,6-}2-57 15.634. !:V— LESS LLESS 5 % RETAINAGE......... $ -5,86042- 7Kj 1346 s AMOUNT DUE TO DATE ............. $ -H 1-x7365. LESS PREVIOUS APPLICATIONS..... $ -0- 1/0, 816 AMOUNT DUE THIS APPLICATION.... $ - ' °s CONTRACTOR'S AFFIDAVIT The un ersigned Contractor hereby swears under penalty of perjury that (1) all previous progress. payments received from the Owner on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the under- signed incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all material and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Dated October 12, , 19 87 . By COUNTY OF Goodhue SS STATE OF Minnesota McNamara Contractin Co. Contractor Before me on this 12th day of October , 19 _87 personally appeared Michael J. McNamara nown to me, w o being duly sworn, did depose and say that he is the Prg§ideqt of the Contractor above mentioned; (Office) that he executed the above Application for Payment and Affidavit on behalf of said Contractor; and that all of the statements cof��j�Ata�i�nAe/dA AtAherAeAiwn are true, cors t and complete. f fns/A\/A\/,\\/.\\!AlAAl/Al/.',+..I\frl/hl%n�%`/alfii �A .Q� ,%. G.1 .%�. MICHAEL H. My Commission Expires: 13/8 NOTARY RNBN&- <~ <� GOODHUE C d MY COMMISSION EX 11-13-88 ry ruDiicj The undersigned has checked the Geo'ii' c/t'O'V'j�vA70MIt YVMMYPayment shown above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in. connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. Date l a 111Y 67 Page 3 of 3 SHORT EL I TT HODDRRIICKS N, C. By