1998-08-04 minutes CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
AUGUST 4, 1998
Chairperson Johnson called the meeting to order at 6:05 p.m.
MEMBERS PRESENT: Willard Johnson, Steven Berquist and Carol Watson
STAFF PRESENT: Cynthia Kirchoff, Planner I
A REQUEST FOR AN 11.5 FOOT VARIANCE FROM THE 30 FOOT FRONT YARD
SETBACK FOR THE CONSTRUCTION OF AN ADDITION, LOTS 7 AND 8, BLOCK 5,
RED CEDAR POINT, 7201 JUNIPER AVENUE, GREG & JOAN DATILLO.
Cynthia Kirchoff presented the staff report on this item.
Watson moved, Johnson seconded the motion to approve an 11.5 foot variance from the 30 foot
front yard setback for the construction of an addition. All voted in favor and the motion carried.
Watson moved, Berquist seconded the motion to close the public hearing.
APPROVAL OF MINUTES: Berquist moved, Watson seconded the motion to approve the
minutes of the Board of Adjustments and Appeals Meeting dated July 22, 1998. All voted in
favor and the motion carried.
Watson moved, Johnson seconded the motion to adjourn.
The meeting was adjourned at 6:10 p.m.
Prepared and Submitted by Cynthia Kirchoff
Planner I
FILE
AGENDA
CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS
TUESDAY, SEPTEMBER 1, 1998 AT 6:00 P.M.
CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE
CITY COUNCIL CHAMBERS
Call to Order
New Business
1. A request for an 10 foot variance from the 30 foot front yard setback for the construction of
a detached garage located at 6401 Yosemite, Hue& Catherine Lam
2. Approval of Minutes.
Adjournment
CITY O F BOA DATE: 9/1/98
\\� ClIANIIASSEN CCDATE:
CASE#: 98-8 VAR
By: Kirchoff:v
STAFF REPORT
PROPOSAL: A request for a 10 foot variance from the 30 foot front yard setback for the
construction of a detached garage.
z LOCATION: 6401 Yosemite
Q APPLICANT: Hue& Catherine Lam
6401 Yosemite Avenue
Excelsior, MN 55331
Q j 306-8016
itt
PRESENT ZONING: RSF, Single Family Residential
ACREAGE: 1.19 acres
DENSITY: N/A
ADJACENT ZONING
AND LAND USES: N: RSF, Single Family Residential
S: RSF, Single Family Residential
E: RSF, Single Family Residential
Q W: RSF, Single Family Residential
WATER AND SEWER: Available to the site
ui PHYSICAL CHARACTER: A single family home exists on the site. The site slopes to
1___ the east. A natural wetland is present on the site.
11
(-1) 2000 LAND USE PLAN: Low Density Residential
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PROPOSED VARIANCE
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Lam Variance
September 1, 1998
Page 2
APPLICABLE REGULATIONS
Section 20-615 states that in single family residential districts the minimum front yard setback is
30 feet (Attachment 2).
Section 20-1124 requires two enclosed parking stalls for single family dwellings (Attachment 3).
BACKGROUND
The home on the subject property was constructed in the 1950s. The property does not currently
have a garage. The zoning ordinance requires two covered parking spaces for single family
dwellings (Sec. 20-1124). The original tuck-under garage was converted into living space some
time during the 1960s (probably prior to current city ordinance). The zoning ordinance does not
permit the conversion of garage space unless other parking space is provided. The topography of
the property limits the location of a detached garage because the property slopes to the east.
The applicant is proposing to construct a 3 stall garage 20 feet from the front property line. This
site is a flag lot so the front property line runs parallel to Yosemite.
ANALYSIS
The applicant is requesting a variance to allow for the construction of a 3-stall detached garage in
the front yard setback. This garage is proposed to be 32 feet wide by 24 feet deep (768 sq. ft.)
and maintain a 20 foot setback. The setback is measured from the eave of the structure since
required setbacks that have received variances are not entitled to encroachments. The site
currently does not have a garage. While site topography limits the location of the garage, a
garage can be constructed within the required setback.
The elevation change leading to the natural wetland certainly places a restriction on the
placement of any structures. However, the applicant can construct a garage while maintaining
the 30 foot setback. The survey indicates that there is adequate buildable area to locate a garage
within the required setback. This can be accomplished numerous ways including shifting the
garage 8 feet to the east or changing the orientation of the building, that is locating it within the
existing driveway (see Attachment 5 for staff proposals).
Staff also believes that the garage can be reduced in depth to 22 feet. This would reduce the
garage protrusion into the existing driveway. Staff randomly surveyed building permit files of
new homes and found that the majority have garages that are 22 feet in depth. The reduction in
garage depth that staff recommends is consistent with the majority of existing garages in the city.
Lam Variance -�
September 1, 1998
Page 3
A variance is granted based on the presence of a hardship. A hardship occurs when the owner
does not have a reasonable use of the property. A reasonable use is defined as the use made by a
majority of comparable property within 500 feet. A"use"can be defined as "the purpose or
activity for which land or buildings are designed, arranged or intended or for which land or
buildings are occupied or maintained." In this case,because it is in a RSF zoning district, a
reasonable use is a single family home. The only structure that currently exists on the site is a
home. In order for a reasonable use to be made of the property, a garage must be constructed.
However, a garage can be constructed that meets the requirements of the zoning ordinance. The
applicant has created the hardship by placing the garage 22 feet from the front property line.
Therefore, staff recommends denial of the variance request because a hardship has not been
demonstrated.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances,but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: Although the topography of the site restricts the location of any additional
structures, a reasonable sized garage can be constructed within the required setbacks.
Therefore, a hardship does not exist.
b. The conditions upon which a petition for a variance is based are not applicable, generally,to
other property within the same zoning classification.
Finding: The conditions upon which the variance is based are applicable to other
properties in the RSF zoning district. The site constraints do not preclude compliance with
the City Code.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Lam Variance
September 1, 1998
Page 4
Finding: Although the garage addition will certainly increase the value of the property, the
ultimate purpose of the variance is to construct a garage.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is self-created as the garage can be constructed at the 30 foot
setback. It is the applicant's preference to locate the garage in the proposed location.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The variation will not be detrimental to the public welfare or injurious to other
neighboring properties. However,the reduction in setback may infringe upon the
neighboring property's expectations for an open area between existing homes.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The variation will not impair an adequate supply of light to neighboring property
or increase the congestion of the public streets. However,the proposed variance may create
the perception that adequate light is reduced on an abutting property.
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals adopt the following motion:
"The Board of Adjustments and Appeals denies request#98-8 for a 10 foot variance from the 30
front yard setback for the construction of a detached garage based upon the findings presented in the
staff report."
ATTACHMENTS
1. Application and Letter
2. Section 20-615, Lot Requirements and Setbacks
3. Section 20-1124, Parking Requirements
4. Site Plan
5. Staff's Proposal
6. Property Owners List
�'"
g:\plan\ckthoelam 98-8 var.doc
A--TWA-1 MaN1T �.
C;r1�QF CHANHASSEN
PFr '\'ED
AUG 051998
CITY OF CHANHASSEN
690 COULTER DRIVE CHANrmxra r�.nwivnu DEPT
CHANHASSEN, MN 55317
(612)937-1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT: C `h`L_ )h OWNER: E
ADDRESS: (1*a I 1 -hl,b.. ` 13' 4- Q- ADDRESS:
CLc i, ��'t!' 33 I
TELEPHONE (Day time) '30C . E b l TELEPHONE: 1-1t
Comprehensive Plan Amendment Temporary Sales Permit
Conditional Use Permit Vacation of ROW/Easements
Interim Use Permit Variance
Non-conforming Use Permit Wetland Alteration Permit
Planned Unit Development* Zoning Appeal
Rezoning Zoning Ordinance Amendment
Sign Permits
Sign Plan Review Notification Sign
Site Plan Review* X Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPRNACNAR/WAP/Metes
and Bounds, $400 Minor SUB)
Subdivision' ~TOTAL FEE$ r15°W
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
'Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of _
transparency for each plan sheet.
**Escrow will be required for other applications through the development contract
NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application.
• NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME 1' — r
✓ LOCATION W4-0 I -t 9-e v-v% S 4?- , C LZ -.,t\LW-e.)*\ HJ J
*/ LEGAL DESCRIPTION PI c\ Tkc_k w\4A4
•
•
PRESENT ZONING
REQUESTED ZONING
•
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST A r- cc c I
C S-txL-2,,ZeN, Of ct 3 2 x 2 y
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying
with all City requirements with regard to this request. This application should be processed in my name and I am the party
whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of
ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the
authorized person to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best
of my knowledge.
I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded
against the title to the property for which the approvaVpermit is granted within 120 days with the Carver County Recorder's
Office and the original document returned to City Hall Records.
Signature of Applicant Date
.f.rj --q
_signature of Fee Owner Date
Application Received on Fee Paid Receipt No.
• The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
August 5, 1998 -�
Board of Adjustments and Appeals
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
RE: Variance Request for Garage Construction
Dear Sirs/Madams:
My wife and I are the home owner of the property located at 6401 Yosemity Avenue,
Chanhassen, Mn 55331. We are writing you this letter to request for a variance of 10 feet
for the construction of our future garage.
This variance is really needed due to the following hardships:
1. The house does not have a garage.
2. " The property can not be put to reasonable use because of its size, shape, and --�
physical surroundings."
3. There is only one appropriate location, as indicated in the attached map that has
sufficient square footage for the construction.
These hardships have been acknowledged by Ms. Cynthia R. Kirchoff,the City Planner,
and Mr. Bill, a city engineer, who visited the site on July 21 and August 3, 1998.
The dimentions of the planned garage are 32 by 24 feet. It will be detached. As indicated
on the plotted map, it is the North West Back-Corner of the garage that has only 20 to 22
feet setback. Therefore, a variance of 10 feet will be needed for the realization of this
plan.
If you have any questions concerning the given information prior to the Variance Hearing
on August 25, 1998,please give me a call at 306-8016. Your consideration is really
appreciated.
Sincerely,
LL'L.
Hue Lam
gar-letr
§ 20-595 CHANHASSEN CITY CODE
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The minimum driveway separation is as follows:
a. If the driveway is on a collector street, four hundred (400) feet.
b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250)
feet.
(Ord. No. 80,Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2, 6-8-92;
Ord. No. 194, § 2, 10-11-93)
Sec. 20-596. Interim uses.
The following are interim uses in the "RR" District:
(1) Commercial kennels and stables.
(Ord. No. 120, § 3, 2-12-90)
Editor's note—Inasmuch as there exists a§20-595,the provisions added by§3 of Ord.No.
120 as § 20-595 have been redesignated as § 20-596.
Secs. 20-597-20-610. Reserved.
ARTICLE XII. 'RSF" SINGLE-FAMILY RESIDENTIAL DISTRICT
Sec. 20-611. Intent.
The intent of the "RSF" District is to provide for single-family residential subdivisions.
(Ord. No. 80,Art. V, § 5(5-5-1), 12-15-86)
Sec. 20-612. Permitted uses.
The following uses are permitted in an "RSF" District:
(1) Single-family dwellings.
(2) Public and private open space.
(3) State-licensed day care center for twelve (12) or fewer children.
(4) State-licensed group home serving six (6) or fewer persons.
(5) Utility services.
(6) Temporary real estate office and model home.
(7) Antennas as regulated by article XXX of this chapter.
(Ord. No. 80,Art. V, § 5(5-5-2), 12-15-86; Ord. No. 259, § 11, 11-12-96)
Sec. 20-613. Permitted accessory uses.
The following are permitted accessory uses in an "RSF" District:
(1) Garage.
Supp. No. 9 1210
ZONING § 20-615 -�
(2) Storage building.
(3) Swimming pool.
(4) Tennis court.
(5) Signs.
(6) Home occupations.
(7) One (1) dock.
(8) Private kennel.
(Ord. No. 80,Art. V, § 5(5-5-3), 12-15-86)
Sec. 20-614. Conditional uses.
The following are conditional uses in an "RSF" District:
(1) Churches.
(2) Reserved.
(3) Recreational beach lots.
(4) Towers as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 5(5-5.4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90; Ord. No. 259, § 12,
11-12-96)
State law reference—Conditional uses, M.S. § 462.3595.
Sec. 20-615. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "RSF" District subject to
additional requirements,exceptions and modifications set forth in this chapter and chapter 18:
(1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots,
the lot area requirements shall be met after the area contained within the "neck"has
been excluded from consideration.
(2) The minimum lot frontage is ninety(90) feet, except that lots fronting on a cul-de-sac
"bubble" or along the outside curve of curvilinear street sections shall be ninety (90) --�
feet in width at the building setback line. The location of this lot is conceptually
Supp. No. 9 1211
§ 20-615 CHANHASSEN CITY CODE
illustrated below.
Lots Where Frontage Is
Measured At Setback Line
I 406.111. .••do: • L
• •
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•• • I �
. •fr
ram—•v114 •I
••
•
(3) The minimum lot depth is one hundred twenty-five(125)feet.The location of these lots
is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by
private driveways shall be one hundred (100) feet as measured at the front building
setback line.
. Nock I Flag Lots
• Fran Lot Line
.««•
• Il
I•I I1 1 •
100' Lot Width 1 I •
IPSO„♦1
1 1
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(4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25)
percent.
(5) The setbacks are as follows:
a. For front yards, thirty (30) feet.
b. For rear yards, thirty (30) feet.
Supp. No. 9 1212
ZONING § 20-632
c. For side yards, ten (10) feet.
(6) The setbacks for lots served by private driveways and/or neck lots are as follows:
a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the
public right-of-way that provides access to the parcel. The rear yard lot line is to
be located opposite from the front lot line with the remaining exposures treated
as side lot lines. On neck lots the front yard setback shall be measured at the
point nearest the front lot line where the lot achieves a one-hundred-foot
minimum width.
b. For rear yards, thirty(30) feet.
c. For side yards, ten (10) feet.
(7) The maximum height is as follows:
a. For the principal structure, three (3) stories/forty (40) feet.
b. For accessory structures, twenty (20) feet.
(Ord. No. 80,Art. V, § 5(5-5-5), 12-15-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90;
Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95)
Editor's note—Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to
accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend-
ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, §2,were included --�
as amending § 20-615(7)b.
Sec. 20-616. Interim uses.
The following are interim uses in the "RSF" District:
(1) Private stables subject to provisions of chapter 5, article IV.
(2) Commercial stables with a minimum lot size of five (5) acres.
(Ord. No. 120, § 3, 2-12-90)
Secs. 20-617-20-630. Reserved.
ARTICLE XIII. 'fit,-4"MIXED LOW DENSITY RESIDENTIAL DISTRICT
Sec. 20-631. Intent.
The intent of the "R-4" District is to provide for single-family and attached residential
development at a maximum net density of four (4) dwelling units per acre.
(Ord. No. 80,Art. V, § 6(5-6-1), 12-15-86)
Sec. 20-632. Permitted uses.
The following uses are permitted in an "R-4" District:
(1) Single-family dwellings.
(2) Two-family dwellings.
Supp. No. 9 1213
A-fl A' 1-14 3
ZONING § 20-1124
b. In churches and other places of public assembly in which patrons or spectators
occupy benches, pews or other similar seating facilities, each twenty-four (24)
inches of such seating shall be counted as one (1) seat for the purpose of this
division;
c. Except in shopping centers or where joint parking arrangements have been ap-
proved, if a structure contains two(2)or more uses, each use shall be calculated
separately in determining the total off-street parking spaces required;
d. For mixed use buildings, parking requirements shall be determined by the city
based on the existing and potential uses of the building. In cases where future
potential uses of a building will generate additional parking demand, the city
may require a proof of parking place for the difference between minimum parking
requirements and the anticipated future demand.
e. If warranted by unique characteristics and/or documented parking demand for
similar developments, the city may allow reductions in the number of parking
spaces actually constructed as long as the applicant provides a proof of future
parking plan.The plan must show the location for all minimum required parking
spaces in conformance with applicable setback requirements. The city may re-
quire installation of the additional parking spaces whenever a need arises.
f. One (1) handicapped parking stall shall be provided for each fifty (50) stalls.
Handicapped parking spaces shall be in compliance with the Uniform Building
Code and state law;
g. The parking requirement for uses not listed in this division may be established
by the city based on the characteristics of the use and available information on
parking demand for such use.
(2) The minimum number of required on-site parking spaces for the following uses shall
be:
a. Assembly or exhibition hall,auditorium,theater or sports arena—One(1)parking
space for each four (4) seats, based upon design capacity.
b. Auto sales, trailer sales, marine and boat sales, implement sales, garden supply
store, building materials sale, auto repair—One (1) parking space for each five
hundred (500) square feet of floor area.
c. Automobile service station—Four(4)parking spaces, plus two(2)parking spaces
for each service stall; such parking spaces shall be in addition to parking space
required for gas pump areas.
d. Bowling alley—Seven (7)parking spaces for each bowling lane.
e. Churches—One (1) parking space for each three (3) seats, based on the design
capacity of the main seating area, plus one (1)space per classroom.
f. Dwelling:
1. Single-family—Two (2) parking spaces, both of which must be completely
enclosed. No garage shall be converted into living space unless other accept-
able on-site parking space is provided.
Supp. No. 2
1250.1
. ( 1
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,33 CERT'I F I CATS OF .SURVEY
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i
Legal Description: Benchmark: Sanitary sewer man hole top of casting 64th street
at Yosemite.
N.G.V.D. 1929 adjusted elevation = 1010.00 feet.
The land referred to is situated in the State of Minnesota,County of
Carver and is described as follows:Commencing at a point in the
center of a 2 rod road at the intersection of the South line of the
Northwest Quarter of the Northwest Quarter of Section 02,Township
116,Range 23,being 279 feet East of the Southwest corner of said
Northwest Quarter of the Northwest Quarter,the point of beginning of
the land to be described;thence North 11 degrees East along said I hereby certify that this is a true and correct representation
road center 200 feet,thence East parallel to the South line of Said of a, survey of the boundaries of the above described land and of
Northwest Quarter of the Northwest Quarter 250 feet;thence the vocation of all buildings, if any, thereon, and all visible
Southeasterly 214.7 feetrto a point on the South line of said__- . encroachments, if any, from or on said land.