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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EUGENE FREDERICK ADDITION
CONTRACT dated ____________________, 2018, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“City”), and LAKE 46 I, LLC, a Minnesota
limited liability company, and LAKE 46 II, LLC, a Minnesota limited liability company
(collectively, the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to
approve a plat for EUGENE FREDERICK ADDITION (referred to in this Contract as the "plat").
The land is situated in the County of Dakota, State of Minnesota, and is legally described on
Exhibit A attached hereto and made a part hereof by reference. Developer’s obligations under the
terms of this Agreement shall be limited to Lot 1, Block 1, except for the conveyance of Outlot A
required under this Agreement.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on
condition that the Developer enter into this Contract, furnish the security required by it, and record
the plat with the County Recorder or Registrar of Titles within 100 days after the City Council
approves the final plat.
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3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may
not grade or otherwise disturb the earth or remove trees, unless a grading permit has been
approved by the City Engineer following approval of a preliminary plat by the City Council,
construct sewer lines, water lines, streets, utilities, public or private improvements, or any
buildings until all the following conditions have been satisfied: 1) this agreement has been fully
executed by both parties and filed with the City Clerk, 2) the necessary security has been received
by the City, 3) the necessary insurance for the Developer and its construction contractors has
been received by the City, and 4) the plat has been filed with the Dakota County Recorder or
Registrar of Titles’ office.
4. PHASED DEVELOPMENT. Intentionally Deleted.
5. PRELIMINARY PLAT STATUS. Intentionally Deleted.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this
Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the
plat in the current metropolitan urban service area, or official controls shall apply to or affect the
use, development density, lot size, lot layout or dedications of the approved plat unless required
by state or federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law,
the City may require compliance with any amendments to the City’s Comprehensive Plan, official
controls, platting or dedication requirements enacted after the date of this Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the
following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B,
C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the
Contract, but before commencement of any work in the plat. The City Engineer may approve
minor amendments to Plan B without City Council approval. The erosion control plan may also be
approved by the Dakota County Soil and Water Conservation District. Except Plan A which may
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be varied, if the Plans B-F materially vary from the written terms of this Contract, the written terms
shall control. The plans (the “Plans”) are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan dated ___________
Plan C - Tree Preservation Plan dated ________________
Plan D - Plans and Specifications for Improvements dated ____________
Plan E – Intentionally Deleted
Plan F - Landscape Plan dated ________________
8. IMPROVEMENTS. The Developer shall install and (subject to the credits and
payments provided for herein) pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Intentionally Deleted
E. Concrete Curb and Gutter
F. Intentionally Deleted
G. Site Grading, Stormwater Treatment System, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including
Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting
grading, construction activity, and the use of power equipment between the hours of 10 o’clock
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p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been
prepared by a competent registered professional engineer to the City for approval by the City
Engineer, which approval will not be unreasonably conditioned, withheld or delayed. The
Developer shall instruct its engineer to provide adequate field inspection personnel to assure an
acceptable level of quality control to the extent that the Developer’s engineer will be able to certify
that the construction work meets the approved City standards as a condition of City acceptance.
In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or
more City inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer, its contractors and subcontractors, shall follow all instructions to insure compliance
with City Code requirements, the Plans and City Specifications received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The
Developer’s engineer is responsible for design changes and contract administration between the
Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-
construction meeting at a mutually agreeable time at the City with all parties concerned, including
the City staff, to review the program for the construction work. Within thirty (30) days after the
completion of the improvements and before the security is released, the Developer shall supply
the City with a complete set of reproducible “as constructed” plans and an electronic file of the “as
constructed” plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City
standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for
all lot corners must be completed before the applicable security is released. The Developer ’s
surveyor shall also submit a written notice to the City certifying that the monuments have been
installed following site grading and utility construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City
employees, and City Planning Commission members, and corporations, partnerships, and other
entities in which such individuals have greater than a 25% ownership interest or in which they
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are an officer or director may not act as contractors or subcontractors for the public
improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors
responsibility to satisfy themselves with regard to the elevation of groundwater in the area and
the level of effort needed to perform dewatering and storm flow routing operations. All
dewatering shall be in accordance with all applicable county, state, and federal rules and
regulations. DNR regulations regarding appropriations permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public
improvements in accordance with the City Code requirements and Plans and Specifications by
November 30, 2018. The Developer may, however, request an extension of time from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the plat to perform all work and inspections deemed appropriate
by the City in conjunction with plat development.
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14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan,
Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota
County Soil and Water Conservation District. The City or Dakota County Soil and Water
Conservation District may impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA
Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current
seeding specification which may include temporary seed to provide ground cover as rapidly as
possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in controlling erosion. If the Developer
does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota
County Soil and Water Conservation District, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred
for such work within ten (10) days, the City may draw down the letter of credit to pay any costs.
No development or utility construction will be allowed unless the plat is in full compliance with the
approved erosion control plan.
15. GRADING. The plat shall be graded in accordance with the Plans, including the
approved grading development and erosion control plan, Plan “B”. The plan shall conform to City
of Lakeville specifications. Within thirty (30) days after completion of the grading and final
establishment of ground cover or temporary stabilization approved by the City, the Developer shall
provide the City with an “as constructed” grading plan certified by a registered land surveyor or
engineer. The “as constructed” plan shall include field verified elevations of the following: a) cross
sections of storm water treatment system; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
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“conservation area” posts; and c) lot corner elevations and building pads, and all other items listed
in City Code Section 10-3-5.NN. The City will withhold issuance of a Certificate of Occupancy for
any new retail buildings (it being acknowledged that the existing liquor store building has already
been issued a Certificate of Occupancy and will remain open during construction) until the
approved certified grading plan is on file with the City and all erosion control measures are in
place as determined by the City Engineer. The Developer certifies to the City that all footings
placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G
specifications. The soils observation and testing report shall be submitted to the Building Official
for review prior to the issuance of the Certificate of Occupancy.
Prior to the release of the required individual lot grading and erosion control security, the
“as constructed” plan for the lot must be submitted to verify that the final as-built grades and
elevations of the specific lot and all building setbacks are consistent with the approved grading
plan for the development, and amendments thereto as approved by the City Engineer, and that all
required property monuments are in place. If the final grading, erosion control and “as
constructed” grading plan is not timely completed, the City may enter the lot, perform the work,
and draw on the letter of credit. Upon satisfactory completion of the grading, erosion control
and “as constructed” grading plan, the security, less any draw made by the City, shall be
released.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has
resulted from construction work by the Developer, subcontractors, their agents or assigns. Prior to
any construction in the plat, the Developer shall identify in writing a responsible party and
schedule for erosion control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and
construction required by this Contract and final acceptance by the City, the improvements lying
within public easements shall become City property without further notice or action.
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18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION. The Developer shall pay a fee for in-house engineering administration. City
engineering administration will include monitoring of construction observation, consultation with
Developer and its engineer on status or problems regarding the project, coordination for final
inspection and acceptance, project monitoring during the warranty period, and processing of
requests for reduction in security. Fees for this service shall be three percent (3%) of construction
costs identified in the Summary of Security Requirements if using a letter of credit, assuming
normal construction and project scheduling. The Developer shall pay for construction observation
performed by the City’s in-house engineering staff or consulting engineer. Construction
observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated
construction cost.
19. STORM SEWER. Development of Eugene Frederick Addition includes
construction of a private storm sewer system. The private storm sewer to be constructed with
Eugene Frederick Addition will connect to an existing public storm sewer catch basin north of
162nd Street. The Developer must post a $1,500.00 security at the time of release of the final
plat to ensure proper connection to the public storm sewer.
The Storm Sewer Area Charge has not been collected on the parent parcel and is
required at the time of final plat approval. The Storm Sewer Area Charge for Lot 1, Block 1,
Eugene Frederick Addition is calculated as follows:
92,134.00 s.f. x $0.250/s.f. = $23,033.50
Area of Lot 1, Block 1, Eugene Frederick Addition Commercial
Area Charge
Total
Storm Sewer Area Charge
The development is located in the Crystal Lake Drainage Area and is subject to a Crystal
Lake Surcharge. The Crystal Lake Surcharge for Lot 1, Block 1, Eugene Frederick Addition is
calculated as follows:
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92,134.00 s.f. x $0.0195/s.f. = $1,796.62
Area of Lot 1, Block 1, Eugene Frederick Addition Commercial
Area Charge
Total Crystal Lake Surcharge
The City will credit the Developer $17,044.79 for 74% of the Storm Sewer Area Charge
and $1,329.50 for 74% of the Crystal Lake Drainage Area Charge for the existing development
on site.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with
the final construction plans.
20. SANITARY SEWER. Private sanitary sewer will be provided by an existing 4-
inch sanitary sewer to the development.
The Sanitary Sewer Availability Charge has been collected for the existing building on
the parent parcel and will only be required for the building additions. The required Sanitary
Sewer Availability Charge must be paid with the Building Permit.
21. WATERMAIN. Development of Eugene Frederick Addition includes a new
connection to the existing public watermain. Private watermain will be extended within the
development to provide water service for the building additions.
The Developer must post $1,000.00 security at the time of release of the final plat for
connection to the existing watermain.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed
by City staff with the final construction plans submitted with the building permit application.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading,
utility and site construction shall enter from County Road 46 to Kenrick Avenue and exit from
Kenrick Avenue to County Road 46, and may use either of the two (2) accesses to the
subdivision. No construction traffic is permitted on the adjacent local streets (other than from
County Road 46 to the property via Kenrick Avenue).
23. PARKS, TRAILS AND SIDEWALKS. The Parks, Trails, and Open Space Plan
indicates sidewalks or multi-purpose trails along 162nd Street and Kenrick Avenue. There is an
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existing trail along 162nd Street adjacent to Eugene Frederick Addition. The Developer shall
construct a 5 foot sidewalk along the southwest side of Kenrick Avenue. Said sidewalk is
located outside of the right-of-way.
The Park Dedication Fee has not been collected on the parent parcel and must be
satisfied through a cash contribution at the time of final plat approval. The Park Dedication fee is
calculated as follows:
Total Area of Eugene Frederick Addition Plat 2.12 acres
2018 Commercial Park Dedication Rate $ 7,693.00 per acre
Park Dedication Fee Due with Final Plat $16,309.16
The City will credit the Developer $12,068.78 for 74% of the Park Dedication fee for the existing
development on site.
25. LANDSCAPING. Landscaping shall be installed in accordance with the
approved landscape plan. The Developer shall post a $54,163.00 landscaping security at the
time of release of the final plat to ensure that the landscaping is installed in accordance with the
Plans.
26. DRAINAGE. Development of Eugene Frederick Addition will include the
construction of one privately owned and maintained underground stormwater chamber. The
Developer shall sign a private maintenance agreement for the underground stormwater
chamber and private storm sewer and dedicate a drainage and utility easement over the
chamber and storm sewer simultaneously with recording of the final plat. The chamber will
provide water quality treatment, volume reduction and rate control of the stormwater runoff
generated from the existing and proposed site improvements. The Developer shall post a
$35,000.00 security at the time of final plat approval to ensure proper construction of the
underground stormwater chamber. The City will credit the Developer $107,300.00 for 74% of
$145,000.00 of the $175,000.00 cost of storm chamber construction for the existing
development on site.
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27. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. Implementation of the recommendations listed in the January 25, 2018 Engineering
Report, as amended on February 15, 2018.
B. Within thirty (30) days following City Council approval and prior to recording the final
plat, the Developer shall furnish a boundary survey of the proposed property to be
platted with all property corner monumentation in place and marked with lath and a
flag. Any encroachments on or adjacent to the property shall be noted on the survey.
The Developer shall post a $100.00 security for the final placement of iron monuments
at property corners. The security was calculated as follows: one (1) lots/outlots at
$100.00 per lot/outlots. The security will be held by the City until the Developer's land
surveyor certifies that all irons have been set following site grading and utility
construction. In addition, the certificate of survey must also include a certification that
all irons for a specific lot have either been found or set prior to the issuance of a
building permit for that lot.
C. The Developer shall pay a cash fee for the preparation of record construction drawings
and City base map updating. This fee is $90.00 per lot/outlot for a total charge of
$90.00.
D. The Developer is required to submit the final plat in electronic format. The electronic
format shall be either AutoCAD.DWG file or a .DXF file. All construction record
drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance
with standard City specifications.
E. The City will provide a credit for the Storm Chamber construction with the final plat .
A certificate from the underground chamber manufacturer guaranteeing the chamber
was constructed in accordance with the Plans must be submitted to the City prior to
issuance of a certificate of occupancy for any new buildings in the development.
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F. Simultaneous with the recording of the final plat, Developer shall convey Outlot A to
Dakota County by quit claim deed.
28. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with
the terms of this Contract, payment of real estate taxes including interest and penalties, payment
of special assessments, payment of the costs of all public improvements, and construction of all
public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or
alternate security, in the form attached hereto, from a bank ("security") for $324,982.31. If an
alternate security is furnished, the Developer shall also furnish a letter of credit for twenty-five
percent (25%) of the alternate security amount to cover any contract increases. The amount of
the security was calculated as follows:
CONSTRUCTION COSTS:
A. Watermain Connection $ 1,000.00
B. Storm Sewer Connection 1,500.00
C. Storm Chamber Construction 145,000.00
D. Grading, Erosion Control, and Restoration 94,894.00
CONSTRUCTION SUB-TOTAL $ 242,394.00
OTHER COSTS:
A. Developer’s Design (3.0%) $ 7,271.82
B. Developer’s Construction Survey (2.5%) 6,059.85
C. City Legal Expenses (Est. 0.5%) 1,211.97
D. City Construction Observation (Est. 5.0%) 12,119.70
E. Developer’s Record Drawings (0.5%) 1,211.97
F. Landscaping 54,163.00
G. Lot Corners/Iron Monuments 100.00
OTHER COSTS SUB-TOTAL $ 82,588.31
TOTAL SECURITIES: $ 324,982.31
This breakdown is for historical reference; it is not a restriction on the use of the security. The
bank shall be subject to the approval of the City Administrator. The City may draw down the
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security, on five (5) business days written notice to the Developer, for any violation of the terms of
this Contract or without notice if the security is allowed to lapse prior to the end of the required
term. If the required public improvements are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it down without notice. If the security is drawn
down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City
that work has been completed and financial obligations to the City have been satisfied, with City
approval (which approval will not be unreasonably conditioned, withheld or delayed) the security
may be reduced from time to time by ninety percent (90%) of the financial obligations that have
been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be
retained as security until all improvements have been completed, all financial obligations to the
City satisfied, and the required "as constructed" plans have been received by the City.
29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the
cash requirements under this Contract which must be furnished to the City prior to the City
Council signing the final plat:
A. Sanitary Sewer Availability Charge to be paid with building permit
B. Park Dedication Fee $ 16,309.16
C. Storm Sewer Area Charge 23,033.50
D. Crystal Lake Surcharge 1,796.62
E. City Base Map Updating Fee 90.00
F. City Engineering Administration 7,271.82 (3% for letters of credit or 3.25% for alternate disbursement)
TOTAL CASH REQUIREMENTS $ 48,501.10
CASH CREDITS
Park Dedication Fee (Park Dedication Fund) $ 12,068.78
Storm Sewer Area Charge (Trunk Storm Fund) 17,044.79
Crystal Lake Surcharge (Trunk Storm Fund) 1,329.50
Storm Chamber Construction (Trunk Storm Fund) 107,300.00
CREDITS TO CASH REQUIREMENT $ 137,743.07
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Contemporaneously with the release of the final plat, the City shall pay to Developer any excess
of the credits over and above the cash requirements ($89,241.97).
30. WARRANTY. Intentionally Deleted.
31. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or
the City in conjunction with the development of the plat, including but not limited to Soil
and Water Conservation District charges, legal, planning, engineering and construction
observation inspection expenses incurred in connection with approval and acceptance
of the plat, the preparation of this Contract, review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the plat as provided for in this Agreement.
B. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred
resulting from plat approval and development. The Developer shall indemnify the City
and its officers, employees, and agents for all costs, damages, or expenses which the
City may pay or incur in consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorneys' fees.
D. Intentionally Deleted.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt construction until the bills are paid in full. Bills not paid within
thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year.
Additionally, the Developer shall pay in full all bills submitted to it by the City prior to
any reductions in the security for the development.
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F. In addition to the charges referred to herein, other charges may be imposed such as
but not limited to sewer availability charges ("SAC"), City water connection charges,
City sewer connection charges, and building permit fees.
32. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of
the work to be performed by it hereunder which is not cured within forty-eight (48) hours after
written notice or in case of an emergency after notice reasonable under the circumstances, or as
to defaults which cannot reasonably be cured within forty-eight (48) hours no action to commence
such cure is taken within forty-eight (48) hours, the City may, at its option, perform the work and
the Developer shall promptly reimburse the City for any expense incurred by the City, provided the
Developer, except in an emergency as determined by the City, is first given notice of the work in
default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to
act, and it shall not be necessary for the City to seek a Court order for permission to enter the
land. When the City does any such work, the City may, in addition to its other remedies, assess
the cost in whole or in part.
33. MISCELLANEOUS.
A. The Developer represents to the City that to the best of Developer’s knowledge, the
plat complies with all city, county, metropolitan, state, and federal laws and regulations,
including but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease
work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
building permits.
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D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
E. Intentionally Deleted.
F. Intentionally Deleted.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
H. This Contract shall run with the land and may be recorded against the title to the
property. In the event this Contract is recorded, the City covenants to provide a
recordable Certificate of Completion promptly upon the completion of the work and
responsibilities required herein, payment of all costs and fees required and compliance
with all terms of the Contract, and to release this Agreement of record upon the
expiration thereafter of any warranties, release of all security provide for herein, and
Developer compliance with and completion of all obligations under the terms of this
Agreement. The Developer covenants with the City, its successors and assigns, that
the Developer is well seized in fee title of the property being final platted and/or has
obtained consents to this Contract, in the form attached hereto, from all parties who
have an interest in the property; that there are no unrecorded interests in the property
being final platted; and that the Developer will indemnify and hold the City harmless for
any breach of the foregoing covenants.
I. Insurance. Prior to execution of the final plat, Developer and its general contractor
shall furnish to the City a certificate of insurance showing proof of the required
insurance required under this Paragraph. Developer and its general contractor shall
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take out and maintain or cause to be taken out and maintained until six (6) months
after the earlier of the issuance of the Certificate of Completion or City Council
acceptance of the improvements, such insurance as shall protect Developer and its
general contractor and the City for work covered by the Contract including workers’
compensation claims and property damage, bodily and personal injury which may
arise from operations under this Contract, whether such operations are by Developer
and its general contractor or anyone directly or indirectly employed by either of them.
The minimum amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements
of the State of Minnesota, including Employer’s Liability with minimum limits are
as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-
Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by
and maintained with responsible insurance companies organized under the laws of
one of the states of the United States and qualified to do business in the State of
Minnesota, (ii) shall name the City, its employees and agents as additional insureds
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(CGL and umbrella only) by endorsement which shall be filed with the City. A copy
of the endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall
contain a provision that coverage afforded under the policies shall not be cancelled
without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’
notice for non-payment of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement
Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the
full policy limits required by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend,
indemnify and hold harmless the City, and its employees, officials, and agents from
and against all claims, actions, damages, losses and expenses, including reasonable
attorney fees, arising out of Developer’s negligence or its performance or failure to
perform its obligations under this Contract. Developer’s indemnification obligation
shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or
indirectly employed or hired by Developer, or anyone for whose acts Developer may
be liable. Developer agrees this indemnity obligation shall survive the completion or
termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each
and every right, power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
19
196307v10
L. The Developer may not assign this Contract without the written permission of the City
Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire plat, or any part of it, until the
City’s issuance of a Certificate of Completion.
M. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a structural or geotechnical engineer licensed by
the State of Minnesota. Following construction, a certification signed by the design
engineer shall be filed with the Building Official evidencing that the retaining wall was
constructed in accordance with the approved plans and specifications. All retaining
walls identified on the development plans and by special conditions referred to in this
Contract shall be constructed before any other building permit is issued for a lot on
which a retaining wall is required to be built.
N. Should the Developer convey any lot or lots in the Development to a third party, the
City and the owner of that lot or those lots may amend this Development Contract or
other city approvals or agreements for development or use of those lots without the
approval or consent of the Developer or other lot owners in the Development. Private
agreements between the owners of lots within the Development for shared service or
access and related matters necessary for the efficient use of the Development shall be
the responsibility of the lot owners and shall not bind or restrict City authority to
approve applications from any lot owner in the Development.
34. NOTICES. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents, or mailed to the Developer by
certified mail at the following address: 4999 France Avenue South, Suite 216, Minneapolis,
Minnesota 55410. Notices to the City shall be in writing and shall be either hand delivered to
the City Administrator, or mailed to the City by certified mail in care of the City Administrator at
the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044.
20
196307v10
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
21
196307v10
CITY OF LAKEVILLE
BY:______________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND:___________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2018, by Douglas P. Anderson and by Charlene Friedges, the Mayor and
City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
___________________________________________
NOTARY PUBLIC
23
196307v10
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
Eugene Frederick Addition
Parcels 8E, 9B and 10A all as indicated on Dakota County Road Right-of-Way
Map No. 146 on file and of record in the office of the County Recorder in and for
Dakota County, Minnesota.
AND
That part of vacated Kenrick Avenue lying within Parcels 8D, 9C, and 10 of DAKOTA COUNTY
RIGHT OF WAY MAP NUMBER 146, according to the recorded map thereof and that part of
vacated Kenrick Avenue (formerly Joplin Avenue) lying within Parcel 12 of said DAKOTA
COUNTY RIGHT OF WAY MAP NUMBER 146, and dedicated on the plat of OAK SHORES
SIXTH ADDITION, all according to the recorded plats thereof, and lying within the Northeast
Quarter of the Northeast Quarter of Section 1, Township 114 North, Range 21 West, Dakota
County, Minnesota, more particularly described as follows:
Beginning at point “B32,” as shown on said DAKOTA COUNTY RIGHT OF WAY MAP
NUMBER 146; thence North 00 degrees 18 minutes 12 seconds East, assumed bearing along
the west right of way line of said Kenrick Avenue, a distance of 89.90 feet to point "B41", as
shown on said map; thence northwesterly, continuing along the southwesterly line of said
Kenrick Avenue, along a non-tangential curve concave to the southwest, having a radius of
190.00 feet, delta angle of 48 degrees 17 minutes 32 seconds, a chord bearing of North 38
degrees 36 minutes 19 seconds West, a distance of 160.14 feet to point “B40,” as shown on
said map; thence North 27 degrees 14 minutes 55 seconds East, along said westerly line of
said Kenrick Avenue, a distance of 20.00 feet to point “B39,” as shown on said map; thence
North 62 degrees 45 minutes 05 seconds West, along said southwest line of Kenrick Avenue, a
distance of 53.52 feet to point “B38,” as shown on said map; thence northwesterly, continuing
along said southwest line, along a tangential curve concave to the northeast, having a radius of
290.00 feet, a delta angle of 41 degrees 11 minutes 10 seconds, a distance of 208.46 feet to
point “B37,” as shown on said map; thence North 21 degrees 33 minutes 55 seconds West
tangent to said curve and continuing along said southwest line, a distance of 83.20 feet to point
"B36", as shown on said map; thence North 10 degrees 29 minutes 04 seconds East, a distance
of 24.50 feet; thence South 21 degrees 33 minutes 55 seconds East, a distance of 103.96 feet;
thence Southeasterly, along a tangential curve, concave to the Northeast, having a central
angle of 20 degrees 35 minutes 35 seconds, a radius of 277.00 feet for an arc distance of 99.56
feet; thence South 42 degrees 09 minutes 30 seconds East tangent to said curve, a distance of
18.57 feet; thence Southeasterly along a tangential curve, concave to the Northeast, having a
central angle of 20 degrees 35 minutes 35 seconds, a radius of 300.00 feet for an arc distance
of 107.82 feet; thence South 62 degrees 45 minutes 05 seconds East tangent to said curve, a
distance of 28.05 feet; thence Southeasterly, along a non-tangential curve, concave to the
Southwest, having a central angle of 15 degrees 28 minutes 42 seconds, a radius of 215.00 feet
for an arc distance of 58.08 feet, the chord of said curve bears South 55 degrees 00 minutes 44
seconds East; thence South 39 degrees 19 minutes 20 seconds East not tangent to said curve,
a distance of 24.41 feet; thence Southeasterly, along a non-tangential curve, concave to the
Southwest, having a central angle of 06 degrees 57 minutes 40 seconds, a radius of 213.00 feet
24
196307v10
for an arc distance of 25.88 feet; the chord of said curve bears South 37 degrees 16 minutes 32
seconds East; thence Southerly along a non tangential compound curve, having a central angle
of 34 degrees 05 minutes 55 seconds and a radius of 165.00 feet for an arc distance of 98.20
feet, the chord of said curve bears South 16 degrees 44 minutes 45 seconds East; thence
South 00 degrees 18 minutes 12 seconds West tangent to said curve, a distance of 70.65 feet
to the easterly projection of the north line of 162nd Street West; thence Westerly, along said
north line along a non-tangential curve, concave to the North, having a central angle of 00
degrees 16 minutes 12 seconds, a radius of 4,485.66 feet for an arc distance of 21.14 feet to
the point of beginning, the chord of said curve bears North 83 degrees 33 minutes 36 seconds
West.
(Abstract Property)
1
196325v4
STORMWATER MANAGEMENT/
BEST MANAGEMENT PRACTICE
FACILITIES AND EASEMENT AGREEMENT
City of Lakeville
THIS AGREEMENT, made and entered into this ___ day of ____________, 2018, by
and between CITY OF LAKEVILLE, a Minnesota municipal corporation, ("City") and LAKE
46 I, LLC, a Minnesota limited liability company and LAKE 46 II, LLC, a Minnesota limited
liability company (collectively, “Landowners”).
RECITALS
WHEREAS, the Landowners are the owners, as tenants-in-common, of certain real
property located in Dakota County, Minnesota legally described in Exhibit A attached hereto
("Property"); and
WHEREAS, the Landowners are proceeding to build on and develop the Property; and
WHEREAS, the Site Plan/Subdivision Plan known as Eugene Frederick Addition,
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the City, provides for detention/retention of stormwater within the confines of the
Property; and
WHEREAS, the City and the Landowners, and their respective successors and assigns,
agree that the health, safety, and welfare of the residents of the City of Lakeville, Minnesota,
require that on-site stormwater management/BMP facilities be constructed and maintained on the
Property; and
WHEREAS, the City requires that on-site stormwater management/BMP facilities
(“Stormwater Facilities”) as shown on the Plan be constructed and adequately maintained by the
Landowners, and their respective successors and assigns; and
WHEREAS, the Landowners shall grant to the City an easement for access and
maintenance purposes over a portion of the Property (the “Easement Area”) legally described on
Exhibit B and depicted in Exhibit C, attached hereto and incorporated herein, to comply with
work required under the terms of this Agreement.
2
196325v4
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Stormwater Facilities shall be constructed by the Landowners and their
respective successors and assigns, in accordance with the plans and specifications identified in
the Plan.
2. The Landowners and their respective successors and assigns, shall adequately
maintain the Stormwater Facilities in accordance with its Stormwater Maintenance Plan and the
City engineering standards for stormwater treatment facilities attached hereto as Exhibit D . This
includes all pipes, channels, and other conveyances built to convey stormwater to the facility, as
well as all structures and improvements provided to control the quantity and quality of the
stormwater. Adequate maintenance is herein defined as good working condition so that these
facilities are performing their design functions.
3. The Landowners and their respective successors and assigns, shall inspect the
Stormwater Facilities and submit an inspection report as provided in Exhibit D attached hereto
and shall be responsible for the payment of any associated costs. The purpose of the inspection is
to assure safe and proper functioning of the facilities. The inspection shall cover the entire
facilities, berms, outlet structure, pond areas, access roads, buffers, etc. Deficiencies shall be
noted in the inspection report. A storage treatment basin will be considered inadequate if it is not
compliant with all requirements of the approved Plan and City engineering standards set forth in
Exhibit D.
4. The Landowners and their respective successors and assigns, hereby grant
permission to the City, its authorized agents and employees, upon prior notice to Landowner to
enter upon the Property and to inspect the stormwater management/BMP facilities whenever the
City deems necessary. The City shall provide the Landowners and their respective successors
and assigns, copies of the inspection findings and a directive to commence with the repairs if
necessary (“Inspection Report”).
5. In the event the Landowners and their respective successors and assigns, fail to
maintain the Stormwater Facilities in good working condition acceptable to the City pursuant to
standards applied by the City to stormwater facilities throughout the City, and such failure
continues for 60 days after the City gives the Landowners written notice of such failure, the City
may enter upon the Property and take whatever steps are reasonably necessary, including
excavation and the storage of materials and equipment, to correct deficiencies identified in the
Inspection Report. The City's notice shall specifically state which maintenance tasks are to be
performed. The City may charge the costs, including assessing the City’s costs to the
Landowner’s property taxes, of such repairs, to the Landowners and their respective successors
and assigns. This provision shall not be construed to allow the City to erect any structure of
permanent nature on the land of the Landowners outside of the Easement Area for the
Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation
to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement
be construed to impose any such obligation on the City. In addition, Landowners agree that they
3
196325v4
are, and will be, solely responsible to address complaints and legal claims brought by any third
party with regard to the maintenance and operation and the consequences there from the
Stormwater Facilities. The Landowners expressly agree to defend and hold the city harmless
from any such third-party claim.
6. Landowners hereby grant to the City, its successors and assigns, a permanent non-
exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities
pursuant to the terms of this Agreement over, on, across, under and through the Easement Area.
The easement shall include the rights, but not the obligation, of the City, its contractors, agents,
servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and
maintain said private Stormwater Facilities together with the right to grade, level, fill, drain,
pave, and excavate the Easement Area, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance
of said private Stormwater Facilities systems, all in accordance with and pursuant to, and subject
to the conditions of, this Agreement in order to bring the Stormwater Facilities to operable
condition per the Plan. City agrees that any action taken pursuant to this Section shall be done in
a manner to reasonably minimize interference with the retail shopping center operations at the
Property.
7. The Landowners and their respective successors and assigns, will perform the
work necessary to keep these Stormwater Facilities in good working order as appropriate. In the
event a maintenance schedule for the Stormwater Facilities (including sediment removal) is
outlined on the approved plans, the schedule will be followed and comply with all federal, state,
and local regulations relating to the disposal of material.
8. In the event the City, pursuant to this Agreement, performs work of any
nature, or expends any funds in performance of said work for labor, use of equipment,
supplies, materials, and the like, the Landowners and their respective successors and assigns,
shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all
actual costs incurred by the City hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the City. The
Landowners hereby agree to indemnify and hold harmless the City and its agents and employees
against any and all claims, demands, losses, damages, and expenses (including reasonable
attorneys' fees) arising out of or resulting from the Landowners or the Landowners’ agents or
employee's negligent or intentional acts, or any violation of any safety law, regulation or code in
the performance of this Agreement, without regard to any inspection or review made or not made
by the City, its agents or employees or failure by the City, its agents or employees to take any
other prudent precautions. In the event the City, upon the failure of the Landowner to comply
with any conditions of this Agreement, performs said conditions pursuant to its authority in this
Agreement, the Landowner shall indemnify and hold harmless the City, its employees, agents
and representatives for its own negligent acts in the performance of the Landowner’s required
work under this Agreement, but this indemnification shall not extend to intentional or grossly
negligent acts.
4
196325v4
10. This Agreement shall be recorded among the land records of Dakota County,
Minnesota, and shall constitute a covenant running with the land, and shall be binding on the
Landowners and their respective administrators, executors, assigns, heirs and any other
successors in interests.
(remainder of page intentionally left blank)
(signature pages to follow)
5
196325v4
CITY OF LAKEVILLE
By:
Douglas P. Anderson, Mayor
(SEAL)
And:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2018, by Douglas P. Anderson and by Charlene Friedges, the Mayor and City
Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
Notary Public
7
196325v4
EXHIBIT A
Legal Description of Property
Lot 1, Block 1, EUGENE FREDERICK ADDITION according to the recorded plat thereof,
Dakota County, Minnesota
(Abstract Property)
8
196325v4
EXHIBIT B
Legal Description of Easement Area
An easement for maintenance of and access to stormwater facilities lying over, under and across
that part of Lot 1, Block 1, EUGENE FREDERICK ADDITION according to the recorded plat
thereof, Dakota County, Minnesota, described as follows;
Commencing at the most westerly corner of said Lot 1; thence South 45 degrees 49 minutes 31
seconds East, assumed bearing along the southerly line of said Lot 1, a distance of 27.04 feet;
thence South 79 degrees 30 minutes 56 seconds East continuing along said southerly line a
distance of 56.80 feet; thence Southeasterly continuing along said southerly line, along a
tangential curve, concave to the Northeast, having a central angle of 01 degree 41 minutes 03
seconds, a radius of 4460.66 feet for an arc distance of 131.12 feet to the actual point of
beginning of the easement to be described; thence North 08 degrees 15 minutes 36 seconds East
not tangent to said curve, a distance of 41.93 feet; thence South 81 degrees 44 minutes 24
seconds East, a distance of 105.81 feet; thence South 30 degrees 28 minutes 51 seconds East, a
distance of 52.67 feet to said southerly line of Lot 1: thence Northwesterly along said southerly
line, along a non tangential curve, concave to the Northeast, having a central angle of 01 degree
46 minutes 57 seconds, a radius of 4460.66 feet for an arc distance of 138.77 feet to the point of
beginning, the chord of said curve bears North 82 degrees 05 minutes 27 seconds West.
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
10
196325v4
EXHIBIT D
CITY OF LAKEVILLE
ENGINEERING STANDARDS FOR STORM WATER
TREATMENT FACILITIES
Underground Infiltration System
Street or parking surface must be inspected annually for evidence of potholes, sinkholes,
sediment build up, or surface ponding annually by Owner.
Visual inspections for trash and debris must be conducted monthly and following rain events of 1
inch or greater in 24 hours by Owner.
The following inspections must be conducted annually by a professional engineer commissioned
by Owner to include inspection, maintenance reporting, and certification. After four years of
inspections without the need for maintenance of the system, these inspections may be conducted
every two years (or bi-annually) thereafter:
Inspection for pipe symmetry, pipe joint connections, and outlet structures to look for cracks,
defects, misalignment, or seepage.
Inspection for accumulation of sediment; maintenance should be performed when sediment
accumulation occurs.
Inspections for oil accumulation in device or immediately after a spill occurs. Maintenance must
be done when a layer of oil/gasoline develops on the surface.
196319v6
GRANT OF PERMANENT EASEMENT
LAKE 46 I, LLC, a Minnesota limited liability company, and LAKE 46 II, LLC, a
Minnesota limited liability company (collectively, “Grantors”), in consideration of One Dollar
($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, do hereby grant unto the CITY OF LAKEVILLE, a Minnesota municipal
corporation, the Grantee, hereinafter referred to as the “City”, its successors and assigns, forever,
a permanent easement for public sidewalk purposes over, on, across, under, and through the land
situated in the County of Dakota, State of Minnesota, as legally described on the attached
Exhibit “A” and depicted on the attached Exhibit “B” (the “Easement Property”).
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public sidewalk system over, across, on, under, and through the Easement
Property, together with the right to grade, level, fill, drain, pave, and excavate the Easement
Property, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said public sidewalk easements.
The above named Grantors, for themselves and their respective successors and assigns,
do covenant with the City, its successors and assigns, that Grantors, as tenants in common, are
well seized in fee title of the above described Easement Property; that they have the sole right to
196319v6 4
EXHIBIT “A”
TO
GRANT OF PERMANENT EASEMENT
A permanent easement for sidewalk purposes over, under and across the easterly and
northeasterly 15.00 feet of Lot 1, Block 1, EUGENE FREDERICK ADDITION according to the
recorded plat thereof, Dakota County, Minnesota, which lies southeasterly of the following
described line:
Commencing at the most northerly corner of said Lot 1; thence South 21 degrees 33 minutes 55
seconds East, assumed bearing along the northeasterly line of said Lot 1, a distance of 103.96
feet; thence Southeasterly, along a tangential curve, concave to the Northeast, having a central
angle of 20 degrees 35 minutes 35 seconds, a radius of 277.00 feet for an arc distance of 99.56
feet; thence South 42 degrees 09 minutes 30 seconds East tangent to said curve, a distance of
18.57 feet; thence Southeasterly, along a tangential curve, concave to the Northeast, having a
central angle of 17 degrees 22 minutes 46 seconds, a radius of 300.00 feet for an arc distance of
91.00 feet to the actual point of beginning of the line to be described; thence South 29 degrees 30
minutes 27 seconds West, a distance of 15.00 feet and said line there terminating.
(Abstract Property)
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822TollFree(888) 937-5150
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150
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1.2
1.8
2.4
2.7
2.8
2.7
2.6
2.3
1.8
1.3
0.9
0.6
0.4
0.3
0.3
0.2
6.6
7.3
6.4
6.0
5.6
5.5
5.7
5.3
4.0
2.5
1.6
1.1
0.8
0.5
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2.4
2.6
2.6
2.5
2.2
1.8
1.3
0.9
0.7
0.5
0.4
0.3
0.3
0.3
7.4
7.0
5.7
5.3
5.3
5.3
5.6
5.5
3.7
2.4
1.6
1.1
0.6
0.4
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1.3
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2.2
1.8
1.4
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0.7
0.6
0.5
0.4
0.4
0.5
0.5
4.8
6.9
7.2
5.4
5.2
5.2
5.1
5.3
4.8
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0.8
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2.6
2.4
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1.6
1.2
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0.6
0.6
0.6
0.7
0.8
3.9
4.5
5.4
5.7
5.3
5.3
5.2
5.2
4.8
4.0
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1.9
1.1
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1.3
1.6
1.9
2.1
2.5
2.8
3.0
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2.7
2.3
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1.3
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0.8
0.8
0.8
0.9
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1.2
1.4
4.5
4.8
4.6
4.8
5.2
5.2
5.2
5.2
5.0
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2.9
2.2
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2.4
2.8
3.3
3.5
3.3
3.0
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2.5
2.2
1.8
1.5
1.2
1.1
1.1
1.2
1.3
1.5
1.7
2.0
2.8
5.1
6.8
6.4
5.2
4.9
5.2
5.5
5.5
5.3
4.3
3.0
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1.4
0.9
0.6
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1.5
1.9
2.3
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3.5
4.3
4.4
3.9
3.5
3.3
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2.7
2.4
2.0
1.7
1.6
1.5
1.5
1.6
1.7
1.9
2.5
4.2
6.3
7.1
6.8
6.1
4.9
4.8
5.1
5.4
5.5
4.6
3.6
2.7
1.7
0.5
0.4
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0.9
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1.6
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2.5
3.3
4.4
5.8
6.2
4.8
4.1
3.8
3.6
3.3
3.0
2.7
2.4
2.1
2.0
1.9
1.8
1.9
2.1
2.5
3.9
4.8
5.6
7.1
6.4
5.2
4.6
4.3
4.2
4.2
4.3
4.0
3.2
2.6
1.9
1.1
0.8
0.4
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1.0
1.3
1.6
1.9
2.3
2.8
3.7
5.4
7.5
8.5
6.7
5.2
4.4
4.1
3.9
3.6
3.3
3.0
2.7
2.4
2.2
2.1
2.0
2.1
2.3
2.6
3.4
4.1
5.7
5.2
7.4
5.6
4.4
3.9
3.6
3.4
3.2
3.0
2.5
2.1
1.8
1.2
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0.7
0.9
1.1
1.3
1.6
1.9
2.2
2.6
3.3
4.4
6.3
8.2
10.1
9.4
6.9
5.9
5.0
4.5
4.3
4.0
3.6
3.2
2.9
2.6
2.3
2.2
2.1
2.1
2.3
2.6
3.2
4.7
5.8
4.9
5.0
6.0
5.3
3.6
3.2
2.9
2.5
2.2
1.8
1.5
1.4
1.2
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0.5
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1.1
1.3
1.6
1.9
2.2
2.6
3.2
4.0
5.5
7.8
9.5
11.1
11.9
9.8
8.1
6.9
5.9
5.4
4.7
4.2
3.7
3.3
3.0
2.6
2.3
2.1
1.9
1.9
2.1
2.4
3.1
3.9
3.8
3.8
4.1
3.7
3.0
2.6
2.3
1.9
1.5
1.2
1.0
0.9
0.7
0.4
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1.2
1.5
1.7
2.0
2.4
3.1
4.0
5.4
7.0
8.9
11.1
10.3
9.5
11.3
11.8
9.9
8.5
6.8
5.4
4.5
4.0
3.7
3.4
3.0
2.6
2.2
1.8
1.7
1.9
2.1
2.4
2.8
3.0
3.1
3.1
2.8
2.4
2.1
1.7
1.3
1.0
0.8
0.7
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0.7
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1.2
1.5
1.8
2.1
2.6
3.4
4.8
6.7
8.6
9.9
11.0
9.6
9.6
10.5
11.1
9.7
8.6
6.8
5.5
4.6
4.3
4.1
3.9
3.5
3.0
2.5
2.0
1.7
1.7
1.8
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2.3
2.6
2.7
2.6
2.3
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1.2
0.8
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0.7
0.9
1.2
1.5
1.9
2.3
2.8
3.6
5.0
7.0
8.9
10.6
12.0
10.3
10.0
11.7
10.3
8.4
7.2
6.0
5.3
4.8
4.6
4.6
4.5
4.0
3.5
3.0
2.5
2.0
1.8
1.8
1.8
1.9
2.2
2.2
2.1
1.8
1.5
1.2
0.8
0.6
0.5
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1.1
1.5
1.8
2.3
2.8
3.4
4.2
5.0
6.1
7.4
9.2
11.4
12.0
10.5
9.2
7.3
5.9
5.2
4.9
4.9
5.1
5.5
5.3
4.6
3.9
3.4
2.9
2.5
2.1
1.9
1.8
1.8
1.9
1.9
1.7
1.5
1.2
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1.4
1.7
2.2
2.6
3.1
3.6
4.0
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5.5
6.8
8.7
10.8
9.7
8.0
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5.2
4.8
4.7
5.1
5.8
6.7
6.8
5.3
4.3
3.9
3.4
2.9
2.5
2.2
1.9
1.9
1.8
1.7
1.5
1.2
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1.2
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2.4
2.8
3.2
3.7
4.2
4.6
5.3
6.6
8.9
9.4
7.4
5.8
4.9
4.7
4.8
5.2
6.5
8.2
8.9
6.7
5.1
4.3
3.8
3.4
2.9
2.5
2.2
2.0
1.8
1.6
1.4
1.1
0.8
0.6
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1.4
1.7
2.1
2.5
3.0
3.4
3.9
4.4
4.8
5.4
6.8
7.5
6.6
5.6
5.0
4.8
5.0
5.7
7.2
8.8
10.3
8.9
6.6
5.2
4.3
3.8
3.3
2.9
2.5
2.2
1.9
1.6
1.3
1.0
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0.5
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1.4
1.7
2.1
2.6
3.2
3.7
4.1
4.6
5.0
5.7
6.1
5.7
5.3
5.1
5.3
5.7
6.8
8.6
9.9
11.4
11.9
8.7
6.7
5.5
4.5
3.9
3.3
2.8
2.3
1.9
1.6
1.3
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0.5
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1.2
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1.9
2.3
2.8
3.4
3.9
4.4
4.8
5.2
5.3
5.1
5.0
5.4
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8.2
9.8
11.6
10.5
10.1
11.3
10.3
8.1
6.4
5.0
3.7
2.9
2.4
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1.6
1.3
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1.3
1.8
2.2
2.6
3.1
3.7
4.2
4.6
4.9
4.9
4.8
4.9
5.6
6.8
8.5
9.7
10.8
11.0
10.0
9.2
10.8
10.9
9.4
7.6
5.4
3.8
2.8
2.3
1.9
1.6
1.3
1.0
0.8
0.6
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1.0
1.3
1.7
2.1
2.5
2.9
3.5
4.1
4.5
4.8
4.8
4.8
5.0
5.6
6.8
8.5
9.9
11.7
11.7
9.6
10.1
11.1
9.5
7.8
6.2
4.6
3.4
2.6
2.1
1.8
1.5
1.3
1.0
0.8
0.6
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0.7
1.0
1.4
1.8
2.1
2.4
2.9
3.6
4.2
4.5
4.7
4.8
4.8
5.0
5.3
5.7
6.2
7.1
8.4
10.1
11.9
11.2
10.2
8.6
6.3
4.7
3.7
2.9
2.4
2.0
1.7
1.5
1.2
1.0
0.7
0.6
0.4
0.3
0.3
0.2
0.2
0.1
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7699 Anagram Drive
Eden Prairie, MN 55344
Phone (952) 937-5150
Fax (952) 937-5822
Toll Free (888) 937-5150
Planning Commission Meeting Minutes, February 1, 2018 Page 2
drainage and utility easement runs parallel to the east boundary of the subject
property, which abuts Idaho Avenue on the west and Dodd Boulevard (CSAH 9) on
the east. This easement will be re-established with the final plat of MMR Second
Addition.
Mr. Dempsey stated that staff recommends approval of the easement vacation subject
to the two stipulations listed in the January 24, 2018 planning report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Kelvie, seconded by Einck to close the public hearing at
6:06 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Commissioner
Drotning commented that he appreciated that the ghost plat of the area (Exhibit E)
was included in the packet. It helps illustrate how the adjacent properties could be
developed in the future.
Motion was made by Drotning, seconded by Kelvie to recommend to City Council
approval of the vacation of a public drainage and utility easement, located north of
212th Street and west of Dodd Boulevard (CSAH 9), subject to the following two
stipulations:
1. The vacation of the drainage and utility easement is contingent upon recording of
the MMR Second Addition final plat.
2. Eight (8), eight-foot tall spruce trees shall be planted on a buffer yard berm along
the rear property line of Lot 1 as shown on the grading, drainage and erosion
control plan. In addition, the rear yard of Lot 1 sha ll be sodded up to the rear
property line. A $2,000 security will be required with the building permit for Lot 1
to guarantee installation of the rear yard sod.
Ayes: Kelvie, Einck, Lillehei, Swenson, Kaluza, Witte, Drotning
Nays: 0
6. Eugene Frederick Addition
Chair Swenson opened the public hearing to consider the application of The Driessen
Group, LLC on behalf of the City of Lakeville for the following, located at 16179 Kenrick
Avenue (tabled at the December 7, 2017 meeting): A. Preliminary plat of one lot to be
known as Eugene Frederick Addition; B. Conditional use permit to allow a
convenience restaurant in the C-3, General Commercial District; and C. Variance to
allow: 1. Building setback of less than 30 feet, and 2. Parking lot setb ack of less than
15 feet.
Planning Commission Meeting Minutes, February 1, 2018 Page 3
Chair Swenson also opened the public hearing to consider the application of The
Driessen Group, LLC on behalf of the City of Lakeville for the vacation of public street
right of way and drainage and utility easements, located a long the west side of Kenrick
Avenue, north of 162nd Street (CSAH 46).
Vince Driessen, The Driessen Group, Sheldon Berg, DJ Architects, and Shari Aherns,
Westwood Professional Services, were in attendance at tonight’s meeting. Mr.
Driessen presented an overview of the project, which involves the redevelopment of
the Kenrick Liquor store at the corner of Kenrick Avenue and 162 nd Street (CSAH 46).
They are proposing to add one small retail bay to the north side of the liquor store and
one to the south side of the liquor store. He indicated that they are hoping to be under
construction by April of this year and anticipate the liquor store to be open throughout
the construction process.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that
the City has entered into a purchase agreement with the Driessen Group, LLC for the
purchase and redevelopment of the current location of a Lakeville Liquors store at the
northwest corner of Kenrick Avenue and 162nd Street (CSAH 46).
Ms. Jenson explained that as part of the development proposal, the City agreed to
vacate a portion of the Kenrick Avenue right of way. This portion of the right of way is
excess and is not needed for the existing street. Any drainage and utility easements
within the existing street right of way to be vacated will also be vacated. Ms. Jenson
indicated that perimeter drainage and utility easements are proposed to be 10 feet
except in the area of the sidewalk along the east side of the property, which will be 15
feet wide. An easement for the sidewalk will be recorded as a separate easement with
the final plat.
Ms. Jenson stated that the developer is requesting a conditional use permit (CUP) for
a convenience food establishment for the retail space on the south side of the building,
which includes a drive-through service window. Ms. Jenson reviewed the Zoning
Ordinance performance standards that must be met for the convenience food use,
which are explained in detail in the January 25, 2018 planning report.
Ms. Jenson stated that the developer is requesting a variance for the south side
building setback of 30 feet due to the existing building being constructed at an angle
on the site. Also, because the property is being platted , the developer is required by
Dakota County to reserve an additional 25 feet of right of way for 162nd Street (CSAH
46). If not for that requirement, the proposed building addition would meet the building
setback requirement. The developer’s narrative to support the request for the variance
(Exhibit O) is included in the packet material.
Ms. Jenson indicated that the developer proposes an expansion of the parking lot to
provide 75 parking spaces, including three handicap parking spaces, which meet the
number required by the Zoning Ordinance. Ms. Jenson explained why the developer
is requesting a variance to the required 15 foot parking lot setback from public right of
way, which is also explained in detail in the January 25, 2018 planning report and in
the developer’s narrative attached to the packet material (Exhibit P).
Planning Commission Meeting Minutes, February 1, 2018 Page 4
Ms. Jenson explained that if not for the platting of this site, the developer could have
moved ahead with the CUP for the building addition but that would have pushed the
issue of the additional right of way acquisition to a point in time when Dakota County
was ready to widen and upgrade CSAH 46 and the City would be responsible for 45%
of the cost of acquisition of the right-of-way at that time.
Ms. Jenson stated that staff recommends approval of the Eugene Frederick Addition
preliminary and final plat, conditional use permit, variance, and right of way and
easement vacation, subject to the nine stipulations listed in the January 25, 2018
planning report, and adoption of the Findings of Facts dated February 1, 2018.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Kelvie, seconded by Drotning to close the public hearing
at 6:22 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Kelvie asked if the drive through tenant has been identified. Mr.
Driessen indicated that it was premature to give out a name yet, but it will likely
be a place to get a cup of coffee.
• Per Commissioner Drotning’s statements and questions, a discussion between
the Planning Commission and City Engineer Zach Johnson took place
regarding the current Dakota County traffic studies that include Lakeville, the
volume of traffic on CSAH 46, the design for CSAH 46 needed to handle the
future volume of traffic, and how much input Lakeville will have in the design of
the future CSAH 46 improvements.
• Chair Swenson asked Ms. Jenson if the platting of the property is required. Ms.
Jenson responded that a plat is not required, but a plat has been prepared by
the developer to clean up the legal description of this property, which will
include vacated Kenrick Avenue right-of-way. Chair Swenson asked if there is
an advantage to the City that the property is being platted. Ms. Jenson indicated
that it is better to plat the property now with the additional right -of-way
dedication for CSAH 46 required by Dakota County in order to avoid right-of-
way acquisition costs in the future.
• The Planning Commission members understood why the variances were
requested and had no objection to the request. The Planning Commission
supports the proposed redevelopment of the site.
Motion was made by Kaluza, seconded by Kelvie to recommend to City Council
approval of the Eugene Frederick Addition preliminary plat, conditional use permit to
allow a convenience restaurant in the C-3, General Commercial District, a building
setback and parking lot setback variance, and the vacation of public street right of way
Planning Commission Meeting Minutes, February 1, 2018 Page 5
and drainage and utility easements, located along the west side of Kenrick Avenue,
north of 162nd Street (CSAH 46) and adoption of the Findings of Facts dated February
1, 2018, subject to the following stipulations:
1. Implementation of the recommendations listed in the January 25, 2018 engineering
report.
2. The site shall be developed in compliance with the site plan and building plans as
approved by the City Council.
3. Class A building materials may not be painted.
4. Snow storage shall not occur within required parking spaces and shall not infringe
upon vehicle site circulation or sight visibility.
5. The hours of operation for the convenience restaurant use are limited to 5:00 am
to 11:00 pm.
6. A sidewalk easement for the sidewalk along Kenrick Avenue must be recorded
with the final plat.
7. Prior to City Council consideration, the civil plans must be modified to show the
perimeter drainage and utility easements.
8. Prior to City Council consideration, the landscape plan must be modified to reflect
a minimum planting size of 2.5 inch diameter for overstory trees and to note that
the site must have inground irrigation. Landscaping shall be installed according to
the landscape plan approved by the City Council. A financial security of $54,163
shall be submitted with the final plat plans to guarantee installation of the
landscaping.
9. Prior to City Council consideration, the photometric plan shall be modified to show
light levels not exceeding one foot candle within the public right of way. Parking
lot lighting shall be down-cast cut-off type fixtures only and building lighting shall
be down-cast only as required by the Zoning Ordinance.
Ayes: Einck, Lillehei, Swenson, Kaluza, Witte, Drotning, Kelvie
Nays: 0
Mr. Morey thanked Mr. Driessen and his team for their cooperation and a great team
effort on this project. Mr. Morey also thanked Mr. Johnson for his efforts in working
with Dakota County on the CSAH 46 right-of-way dedication and the Kenrick Avenue
right-of-way vacation issues.
There being no further business, the meeting was adjourned at 6:42 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary
Parks, Recreation & Natural Resources Committee Meeting Minutes, February 7, 2018 Page 2
Parks, Recreation & Natural Resources Committee Meeting Minutes, February 7, 2018 Page 3
1
City of Lakeville
Planning Department
2
3
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±
162ND STREET (CSAH 46)
JOPLIN WAYJOPLINAVENUE
K
E
NRIC
K
AVEN
U
E
City of Lakeville
Lake46 Plat, CUP, Variance,and VacationEXHIBIT A
±JOPLIN WAYJOPLIN AVEC-3
C-3
C-3
RM-1
RS-3
162ND ST (CSAH 46)
C-3
C-3 City of LakevilleZoning Map
Lake46 Plat,
CUP, Variance,
and VacationEXHIBIT B
RST-1
RST-1
RS-3
P/OS
ROW
KE N R I C K A V EKENR
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KENRICKLOOP
7699AnagramDriveEdenPrairie,MN55344Phone(952)937-5150Fax(952)937-5822TollFree(888)937-5150
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150
RETAIL 12,103 SFRETAIL 21,307 SFEXISTING LIQUOR9,848 SF
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150
RETAIL 12,103 SFRETAIL 21,307 SFEXISTING LIQUOR9,848 SF
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150, ,
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150
7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150
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0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.5
0.7
1.1
6.2
6.3
4.5
3.5
3.3
3.2
3.1
3.1
3.1
3.3
3.7
3.8
4.3
5.0
6.0
6.2
5.1
4.4
3.9
4.3
4.0
3.5
2.9
2.4
2.0
1.6
1.4
1.2
1.0
0.9
0.7
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
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0.0
0.0
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0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.3
0.5
0.7
5.6
4.4
3.6
3.5
3.4
3.2
3.1
3.0
3.0
3.1
2.9
3.4
4.5
6.0
6.4
5.3
4.6
4.1
4.3
3.9
3.3
2.8
2.4
2.1
1.8
1.5
1.3
1.1
1.0
0.9
0.7
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.3
0.3
0.4
0.9
3.7
3.6
3.9
4.0
3.3
3.1
2.9
2.8
2.7
2.7
2.9
3.7
5.7
5.6
4.1
3.5
3.2
3.6
3.4
3.1
2.8
2.5
2.3
2.0
1.7
1.4
1.2
1.1
1.0
0.8
0.7
0.6
0.4
0.4
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.2
0.3
0.4
0.7
3.8
5.0
6.1
4.0
3.3
2.9
2.7
2.5
2.5
3.2
4.1
4.1
3.2
2.8
2.8
3.0
3.0
2.8
2.7
2.6
2.5
2.3
2.1
1.7
1.5
1.3
1.1
1.0
0.8
0.7
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.5
7.3
4.7
4.0
3.3
2.2
2.5
3.3
2.8
2.3
2.2
2.3
2.4
2.4
2.4
2.5
2.5
2.5
2.6
2.5
2.3
2.0
1.6
1.3
1.1
0.9
0.8
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.3
0.3
0.3
0.4
0.5
6.1
4.8
1.9
1.9
1.7
1.7
1.8
1.9
2.1
2.2
2.3
2.5
2.7
2.9
3.0
2.8
2.5
2.1
1.8
1.5
1.3
1.0
0.8
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.3
0.3
0.4
0.5
0.5
1.3
1.3
1.3
1.4
1.6
1.8
2.0
2.3
2.7
3.0
3.4
3.6
3.5
3.0
2.6
2.3
2.0
1.8
1.5
1.0
0.8
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.3
0.4
0.5
0.7
0.8
1.0
1.1
1.3
1.5
1.7
2.1
2.6
3.2
3.8
4.1
4.2
3.4
3.1
3.1
3.0
2.4
2.2
1.5
1.0
0.8
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.3
0.3
0.4
0.6
0.7
0.9
0.9
1.0
1.2
1.4
1.8
2.3
2.9
3.5
3.9
4.0
4.4
4.4
4.3
5.1
3.5
2.6
1.8
1.3
0.9
0.8
0.6
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.5
0.7
0.9
1.0
1.2
1.5
1.9
2.4
3.0
3.3
3.7
4.3
5.5
6.0
5.5
4.8
2.9
1.9
1.4
1.1
0.9
0.7
0.6
0.5
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.4
0.5
0.6
0.8
1.1
1.3
1.7
2.2
2.8
3.2
3.4
3.4
5.0
6.9
5.8
4.2
2.9
2.2
1.8
1.3
1.1
0.9
0.7
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.6
0.8
1.0
1.4
1.6
2.1
2.7
3.2
3.6
3.2
3.4
4.9
5.4
4.3
3.1
2.6
2.1
1.6
1.2
0.9
0.7
0.6
0.4
0.3
0.3
0.2
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.5
0.7
1.0
1.5
2.5
3.8
5.9
1.9
2.5
3.2
3.9
4.1
3.2
3.4
4.3
4.4
3.5
3.1
2.5
1.9
1.3
1.0
0.8
0.6
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.6
0.9
1.4
2.1
3.0
3.7
4.7
4.9
2.3
3.1
3.7
3.9
3.6
3.5
3.7
4.2
4.2
3.5
2.8
2.1
1.5
1.1
0.8
0.7
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.7
1.1
1.7
2.5
3.2
3.7
4.1
4.1
2.4
3.1
3.3
3.3
3.3
3.5
4.1
4.2
3.6
2.9
2.3
1.8
1.2
0.9
0.7
0.5
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.0
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.5
0.9
1.4
2.0
2.8
3.6
4.2
4.5
4.5
2.5
2.7
2.8
2.9
3.2
3.7
3.9
3.4
2.8
2.3
1.8
1.3
1.0
0.7
0.5
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.0
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.6
1.0
1.6
2.4
3.2
4.2
5.0
5.4
5.3
4.9
2.2
2.4
2.5
2.7
3.2
3.4
3.1
2.7
2.2
1.8
1.4
1.0
0.7
0.6
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.6
1.1
1.8
2.6
3.5
5.0
6.7
7.2
6.7
6.4
6.2
5.5
2.0
2.1
2.1
2.2
2.4
2.7
2.9
2.9
2.5
2.1
1.7
1.3
1.0
0.7
0.6
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.7
1.2
2.0
2.8
3.8
5.5
9.1
9.7
8.0
7.1
7.8
7.6
6.0
2.2
2.4
2.3
2.2
2.2
2.2
2.4
2.6
2.7
2.4
2.0
1.6
1.3
1.0
0.7
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.7
1.3
2.0
2.9
4.1
5.7
8.1
10.8
7.8
5.4
5.3
5.8
6.7
7.1
2.9
2.9
2.8
2.6
2.5
2.4
2.4
2.5
2.5
2.3
2.0
1.6
1.3
1.0
0.7
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.5
0.8
1.4
2.1
3.0
4.2
5.9
8.1
9.2
7.3
5.0
5.0
5.2
5.8
7.3
4.3
6.2
4.0
3.6
3.4
3.4
3.2
2.9
2.6
2.5
2.4
2.3
2.0
1.7
1.3
1.0
0.7
0.5
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.3
0.4
0.5
0.9
1.5
2.3
3.1
4.3
6.1
8.1
9.0
6.3
4.8
4.7
4.5
4.7
5.0
3.6
2.5
1.8
5.0
7.3
5.2
4.7
4.5
4.2
3.9
3.4
3.0
2.7
2.5
2.3
2.0
1.6
1.3
0.9
0.6
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.6
1.0
1.7
2.4
3.2
4.4
7.2
9.9
8.8
5.6
4.1
4.2
4.1
3.8
3.6
3.0
2.4
1.8
1.3
6.5
6.9
6.9
6.8
5.3
4.6
4.1
3.6
3.1
2.7
2.3
2.0
1.6
1.2
0.9
0.6
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.1
0.1
0.1
0.2
0.2
0.3
0.5
0.7
1.1
1.7
2.4
3.2
4.6
6.9
8.3
6.9
4.8
3.5
3.7
3.7
3.5
3.3
2.8
2.3
1.8
1.3
1.0
8.0
10.0
8.4
6.1
5.1
4.7
4.2
3.6
3.0
2.5
2.0
1.6
1.1
0.8
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.1
0.1
0.1
0.2
0.2
0.3
0.5
0.8
1.2
1.8
2.4
3.2
4.1
5.1
5.8
5.8
4.2
3.2
3.3
3.4
3.3
3.1
2.8
2.3
1.9
1.4
1.1
0.8
9.1
8.9
6.5
5.5
5.3
4.9
4.1
3.3
2.6
1.9
1.5
1.0
0.7
0.5
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.1
0.1
0.2
0.2
0.3
0.4
0.5
0.8
1.2
1.8
2.4
3.0
3.7
4.2
4.6
4.7
3.8
3.3
3.3
3.3
3.3
3.1
2.8
2.4
2.0
1.6
1.2
1.0
0.8
7.9
9.9
9.0
6.5
5.6
5.8
5.7
4.7
3.6
2.6
1.9
1.3
0.9
0.6
0.4
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.1
0.1
0.2
0.2
0.3
0.4
0.6
0.8
1.2
1.7
2.3
2.9
3.5
3.9
4.2
4.1
3.8
3.5
3.5
3.5
3.4
3.2
3.0
2.6
2.2
1.8
1.5
1.2
1.1
1.0
1.0
7.2
7.9
6.9
6.2
5.5
5.4
6.2
6.5
5.4
4.0
2.8
1.8
1.1
0.7
0.5
0.4
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.1
0.2
0.2
0.2
0.3
0.4
0.6
0.9
1.2
1.7
2.3
2.8
3.4
3.8
4.0
4.0
4.0
4.0
4.0
3.9
3.7
3.5
3.3
2.9
2.5
2.2
1.8
1.6
1.4
1.3
1.3
1.3
8.0
7.5
6.0
5.3
5.1
5.3
6.4
6.7
5.4
4.3
2.8
1.6
0.9
0.6
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.2
0.2
0.3
0.3
0.4
0.5
0.6
0.9
1.2
1.7
2.2
2.8
3.3
3.7
4.0
4.2
4.5
4.8
4.8
4.6
4.3
4.0
3.6
3.4
3.0
2.7
2.4
2.1
1.9
1.8
1.8
1.7
1.6
5.4
7.5
7.6
5.5
5.0
5.0
5.4
6.8
7.0
5.7
4.4
2.6
1.3
0.8
0.5
0.4
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.2
0.3
0.3
0.4
0.4
0.6
0.7
1.0
1.3
1.7
2.2
2.8
3.3
3.7
4.2
4.6
5.3
6.0
6.1
5.6
5.1
4.6
4.2
3.9
3.6
3.3
3.0
2.7
2.5
2.4
2.3
2.3
2.2
2.1
4.6
5.1
5.8
5.9
5.2
5.1
5.3
6.1
7.5
6.7
5.7
3.9
1.9
1.1
0.7
0.5
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.3
0.3
0.4
0.4
0.5
0.7
0.8
1.1
1.4
1.8
2.3
2.9
3.4
3.9
4.5
5.2
6.3
7.7
8.0
7.0
6.1
5.4
4.9
4.5
4.2
3.9
3.7
3.4
3.2
3.1
3.0
2.9
2.8
2.7
2.7
5.2
5.5
5.2
5.2
5.2
5.2
5.4
6.0
7.1
6.6
5.2
4.4
2.3
1.4
0.9
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.3
0.4
0.4
0.5
0.7
0.8
1.0
1.3
1.6
2.0
2.5
3.1
3.6
4.2
4.9
5.9
7.4
9.6
10.6
9.1
7.6
6.4
5.7
5.2
4.9
4.6
4.3
4.1
3.9
3.7
3.5
3.4
3.4
3.3
3.3
3.3
3.9
5.8
7.6
7.2
5.8
5.4
5.4
5.7
6.3
7.2
7.3
5.4
3.9
2.7
1.6
1.1
0.9
0.7
0.6
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.3
0.4
0.5
0.7
0.8
1.0
1.2
1.5
1.9
2.3
2.9
3.4
4.0
4.6
5.4
6.7
8.7
11.3
12.8
11.2
9.5
8.1
6.9
6.2
5.8
5.5
5.1
4.8
4.5
4.2
4.1
3.9
3.9
3.8
3.7
4.1
5.5
7.3
7.9
7.6
6.8
5.5
5.5
5.8
6.4
6.7
6.6
6.4
5.1
3.2
1.3
1.0
1.1
1.0
0.8
0.6
0.5
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.4
0.5
0.6
0.8
1.0
1.2
1.5
1.8
2.2
2.7
3.2
3.7
4.4
5.1
6.1
7.8
9.9
12.6
14.6
13.7
11.8
10.6
9.0
7.9
7.1
6.6
6.0
5.5
5.1
4.8
4.5
4.3
4.2
4.1
4.1
4.3
5.4
6.0
6.6
7.8
7.2
5.9
5.2
4.9
5.0
5.3
5.6
5.5
5.4
5.2
4.0
1.9
1.4
0.8
0.9
0.8
0.7
0.6
0.4
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.5
0.6
0.7
0.9
1.2
1.5
1.8
2.1
2.6
3.0
3.6
4.2
4.9
5.8
7.2
9.5
11.7
14.6
16.1
16.0
15.0
12.9
11.2
10.2
9.1
8.0
7.1
6.2
5.7
5.3
4.9
4.7
4.5
4.3
4.2
4.2
4.2
4.7
5.2
6.6
6.0
8.2
6.4
5.1
4.4
4.2
4.1
4.2
4.2
4.3
4.1
3.7
2.3
1.4
1.1
1.1
0.9
0.7
0.6
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.5
0.6
0.8
1.0
1.3
1.6
2.0
2.4
2.8
3.3
4.0
4.7
5.7
6.9
8.7
10.8
13.8
15.9
14.5
14.4
15.9
15.8
14.1
13.0
11.5
9.7
8.0
6.8
6.2
5.7
5.4
5.0
4.7
4.5
4.3
4.2
4.1
4.1
4.5
5.7
6.8
5.8
5.9
6.9
6.1
4.2
3.8
3.5
3.2
3.1
3.0
2.9
2.7
2.1
1.3
1.0
0.9
0.9
0.8
0.6
0.5
0.4
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.5
0.7
0.9
1.1
1.4
1.8
2.1
2.6
3.0
3.6
4.4
5.3
6.6
8.4
10.6
12.9
15.7
15.1
13.6
12.8
14.3
16.3
15.4
13.6
11.8
9.6
8.1
7.1
6.5
6.1
5.8
5.4
5.0
4.6
4.3
4.1
3.9
3.9
3.9
4.3
5.0
4.8
4.8
5.0
4.5
3.8
3.3
2.9
2.6
2.3
2.1
1.9
1.6
1.2
0.9
0.7
0.7
0.7
0.7
0.5
0.4
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.5
0.7
0.9
1.2
1.5
1.8
2.2
2.7
3.2
3.8
4.7
5.9
7.7
10.1
12.7
14.4
16.3
15.4
13.8
13.7
15.2
16.2
14.3
11.8
10.1
8.7
7.8
7.2
6.7
6.5
6.3
6.0
5.5
4.9
4.5
4.1
3.9
3.8
3.8
3.9
4.2
4.3
4.3
4.1
3.8
3.4
2.9
2.5
2.1
1.8
1.6
1.4
1.1
0.8
0.6
0.5
0.5
0.6
0.5
0.4
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.5
0.7
0.9
1.2
1.5
1.9
2.3
2.8
3.3
4.0
4.9
6.1
7.9
10.0
12.0
13.2
15.1
16.3
16.1
15.2
16.0
15.7
12.6
10.5
9.0
8.0
7.6
7.2
7.0
7.0
7.0
6.8
6.1
5.5
4.8
4.3
4.0
3.8
3.8
3.8
3.9
4.0
4.0
3.8
3.4
3.0
2.6
2.1
1.8
1.5
1.3
1.0
0.7
0.6
0.5
0.4
0.4
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.5
0.7
0.9
1.2
1.5
1.8
2.3
2.8
3.3
4.0
4.8
5.8
7.0
8.3
9.6
10.9
12.4
14.9
16.3
17.0
16.3
13.4
11.4
9.3
8.2
7.7
7.4
7.3
7.4
7.7
8.2
8.0
7.1
6.2
5.3
4.7
4.2
4.0
3.9
3.9
3.8
3.9
3.8
3.6
3.2
2.7
2.3
1.9
1.5
1.2
1.0
0.8
0.6
0.4
0.4
0.3
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.5
0.7
0.9
1.1
1.5
1.8
2.2
2.7
3.3
3.9
4.7
5.5
6.4
7.2
8.1
9.2
10.8
12.2
13.8
15.5
14.9
12.2
10.2
8.7
7.9
7.5
7.4
7.4
7.7
8.4
9.6
9.8
8.3
7.0
6.0
5.2
4.7
4.3
4.1
3.9
3.9
3.8
3.6
3.3
2.9
2.5
2.0
1.6
1.3
1.0
0.8
0.6
0.5
0.4
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.5
0.6
0.8
1.1
1.4
1.8
2.2
2.7
3.2
3.9
4.6
5.3
6.0
6.7
7.3
8.1
9.1
10.5
12.0
14.1
14.1
11.6
9.6
8.4
7.8
7.6
7.5
7.6
8.1
9.3
11.2
12.1
10.3
8.3
6.8
5.9
5.2
4.7
4.4
4.1
3.9
3.7
3.5
3.2
2.7
2.3
1.8
1.5
1.2
0.9
0.7
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.5
0.6
0.8
1.1
1.3
1.7
2.1
2.6
3.2
3.9
4.6
5.2
5.9
6.5
7.1
7.7
8.4
9.4
10.7
12.3
12.6
10.7
9.2
8.3
7.8
7.6
7.7
7.9
8.7
10.3
12.5
13.8
12.1
10.0
8.4
6.9
6.0
5.4
4.9
4.4
4.0
3.7
3.4
3.0
2.6
2.2
1.7
1.4
1.0
0.8
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.5
0.6
0.8
1.0
1.2
1.5
1.9
2.5
3.1
3.8
4.5
5.2
5.8
6.4
7.0
7.5
8.1
8.9
9.8
10.7
11.1
10.0
9.0
8.3
8.0
7.8
8.0
8.5
9.9
11.5
13.9
15.6
14.6
12.2
10.7
8.7
7.4
6.4
5.6
4.9
4.3
3.8
3.4
3.0
2.5
2.1
1.6
1.3
1.0
0.7
0.6
0.4
0.3
0.3
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.5
0.6
0.7
0.9
1.1
1.4
1.8
2.3
3.0
3.7
4.5
5.2
5.8
6.4
7.0
7.5
8.1
8.7
9.3
9.7
9.9
9.4
8.7
8.4
8.2
8.4
8.7
9.7
11.5
13.6
15.8
16.2
16.0
15.4
12.7
10.8
9.5
8.0
6.6
5.5
4.6
3.9
3.4
2.9
2.4
2.0
1.6
1.2
1.0
0.7
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.5
0.6
0.7
0.8
1.0
1.3
1.7
2.2
2.9
3.7
4.5
5.2
5.8
6.4
7.1
7.7
8.2
8.6
9.0
9.2
9.3
9.0
8.7
8.5
8.7
9.1
10.0
11.2
12.9
15.4
16.3
14.2
14.3
15.4
15.5
13.5
12.1
10.1
7.9
6.1
4.8
3.9
3.3
2.9
2.4
1.9
1.5
1.2
0.9
0.7
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.5
0.6
0.7
0.8
1.0
1.2
1.6
2.2
3.0
3.9
4.8
5.5
6.1
6.6
7.3
7.9
8.4
8.8
9.0
9.1
9.1
9.0
8.8
8.8
9.3
10.2
11.7
13.4
15.1
16.8
14.9
13.1
13.4
14.4
16.0
14.4
12.5
10.2
7.7
5.9
4.7
3.8
3.2
2.7
2.3
1.9
1.5
1.2
0.9
0.7
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.5
0.7
0.8
0.9
1.0
1.2
1.6
2.5
3.5
4.6
5.5
6.2
6.7
7.1
7.6
8.3
8.9
9.1
9.2
9.2
9.1
9.0
8.9
9.1
9.8
11.1
12.9
14.5
15.6
17.0
15.6
14.2
13.8
15.6
15.5
12.7
10.3
8.3
6.6
5.3
4.3
3.6
3.0
2.6
2.2
1.8
1.4
1.1
0.9
0.7
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.6
0.7
0.9
1.0
1.1
1.4
1.9
3.0
4.5
5.8
6.6
7.3
7.5
7.7
8.1
9.0
9.8
9.9
9.6
9.4
9.1
9.0
8.9
9.1
9.6
10.5
11.5
12.6
13.5
15.2
17.0
15.8
15.6
15.7
14.0
10.8
8.6
6.8
5.6
4.7
3.9
3.3
2.8
2.4
2.0
1.6
1.3
1.0
0.8
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.7
0.8
1.0
1.2
1.4
1.6
2.2
3.8
5.8
6.9
8.0
8.5
8.2
8.1
8.7
10.0
11.3
11.1
10.3
9.7
9.2
9.0
8.8
8.9
9.1
9.4
9.8
10.5
11.4
12.9
14.4
16.1
16.4
14.6
11.5
9.3
7.1
5.7
4.8
4.1
3.5
3.0
2.5
2.1
1.8
1.4
1.2
0.9
0.7
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.7
0.9
1.1
1.4
1.7
1.9
2.6
4.8
7.1
8.2
9.1
9.0
8.1
8.2
9.2
10.9
13.1
12.9
11.4
10.3
9.5
9.0
8.7
8.6
8.6
8.7
8.8
9.0
9.7
10.8
11.9
13.6
14.6
12.7
9.9
7.7
6.1
5.0
4.3
3.6
3.1
2.6
2.1
1.8
1.5
1.2
1.0
0.8
0.6
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.7
0.9
1.0
1.5
1.9
2.3
3.0
5.5
8.0
9.6
9.7
8.6
8.0
8.4
9.9
12.2
14.8
14.9
12.8
11.3
10.1
9.3
8.9
8.6
8.4
8.3
8.1
8.1
8.4
9.0
10.1
11.7
13.0
11.5
8.7
6.7
5.4
4.5
3.8
3.2
2.7
2.2
1.8
1.4
1.1
0.9
0.8
0.6
0.5
0.4
0.4
0.3
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.8
1.0
1.3
1.7
2.1
1.6
3.4
5.6
7.7
10.1
9.7
8.5
8.3
9.1
10.8
13.0
15.8
16.4
14.7
13.0
11.7
10.3
9.5
8.9
8.5
8.0
7.8
7.7
7.6
7.9
8.5
9.5
10.7
9.5
7.4
5.9
4.9
4.0
3.4
2.9
2.3
1.8
1.4
1.1
0.9
0.7
0.6
0.5
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.9
1.2
1.5
1.9
2.4
2.7
3.8
6.1
8.1
10.3
9.6
8.8
8.9
10.1
12.3
14.5
17.3
18.0
17.1
15.7
13.2
11.8
10.8
9.7
8.8
8.1
7.5
7.2
7.1
7.2
7.4
7.9
8.4
7.8
6.3
5.2
4.4
3.6
3.1
2.5
1.9
1.5
1.1
0.9
0.7
0.6
0.5
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
1.3
1.7
2.1
2.6
3.2
4.3
7.2
9.1
11.0
9.8
9.3
9.8
11.4
13.7
16.9
17.1
16.2
16.8
16.9
15.7
13.8
12.9
11.0
9.3
8.0
7.2
6.7
6.5
6.5
6.5
6.6
6.7
6.3
5.4
4.6
3.9
3.3
2.7
2.2
1.6
1.2
0.9
0.7
0.5
0.5
0.4
0.3
0.3
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
1.3
1.7
2.1
2.5
3.3
4.9
7.8
9.7
11.0
10.5
10.1
11.1
12.9
15.4
17.3
16.2
14.5
14.5
15.9
16.7
14.9
13.3
10.9
8.8
7.3
6.5
6.2
6.0
5.8
5.8
5.7
5.5
5.2
4.6
4.0
3.5
3.0
2.4
1.9
1.4
1.0
0.7
0.6
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
1.3
1.6
1.9
2.4
3.3
5.1
7.4
8.9
10.5
11.2
11.3
12.9
14.7
16.6
17.4
15.3
13.7
14.1
15.5
16.0
13.2
11.0
9.0
7.4
6.4
5.8
5.5
5.3
5.2
5.1
4.9
4.7
4.4
4.0
3.5
3.1
2.6
2.1
1.6
1.2
0.9
0.7
0.5
0.4
0.3
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.9
1.2
1.4
1.8
2.3
3.2
4.7
6.6
8.1
9.8
11.1
11.7
12.9
14.2
15.2
16.9
16.8
15.0
15.0
16.2
14.0
11.0
8.9
7.3
6.2
5.6
5.1
4.8
4.7
4.6
4.4
4.3
4.1
3.8
3.4
3.1
2.7
2.3
1.9
1.5
1.1
0.8
0.6
0.5
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.8
1.1
1.3
1.7
2.2
3.0
4.2
5.7
7.0
8.3
9.4
10.0
10.5
11.4
12.3
13.9
15.8
16.6
16.5
14.9
11.9
9.6
7.4
6.1
5.3
4.8
4.4
4.2
4.1
4.0
3.8
3.6
3.4
3.2
2.9
2.6
2.3
2.0
1.7
1.3
1.0
0.7
0.6
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.7
1.0
1.2
1.6
2.1
2.8
3.7
4.8
5.8
6.8
7.5
8.1
8.4
9.1
10.0
11.5
12.6
14.3
15.1
12.9
10.1
7.9
6.2
5.2
4.7
4.2
3.8
3.6
3.4
3.3
3.1
3.0
2.8
2.6
2.4
2.2
2.0
1.7
1.4
1.1
0.9
0.7
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.7
0.9
1.1
1.5
1.9
2.5
3.3
4.1
4.9
5.6
6.1
6.5
6.9
7.3
7.9
9.0
10.2
11.8
13.2
11.6
8.8
6.8
5.4
4.7
4.1
3.6
3.3
3.0
2.8
2.7
2.5
2.4
2.3
2.1
2.0
1.8
1.6
1.4
1.2
1.0
0.8
0.6
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.6
0.8
1.0
1.3
1.7
2.3
2.9
3.5
4.1
4.6
5.1
5.4
5.7
6.1
6.5
7.1
8.2
9.6
10.9
9.8
7.5
5.9
4.9
4.2
3.7
3.2
2.8
2.4
2.2
2.1
2.0
1.9
1.8
1.7
1.6
1.5
1.3
1.2
1.0
0.8
0.7
0.5
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.6
0.7
0.9
1.2
1.5
2.0
2.5
3.0
3.5
3.9
4.2
4.5
4.9
5.2
5.5
6.0
6.6
7.4
8.3
7.9
6.3
5.2
4.4
3.7
3.2
2.8
2.3
2.0
1.8
1.6
1.5
1.5
1.4
1.3
1.3
1.2
1.0
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.5
0.6
0.8
1.0
1.3
1.6
2.1
2.5
2.8
3.2
3.5
3.8
4.1
4.4
4.7
5.1
5.5
5.9
6.3
6.1
5.3
4.5
3.9
3.3
2.9
2.4
2.0
1.6
1.4
1.3
1.2
1.1
1.1
1.0
1.0
0.9
0.8
0.7
0.6
0.5
0.5
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.4
0.5
0.6
0.8
1.0
1.3
1.6
1.9
2.2
2.5
2.8
3.1
3.4
3.8
4.0
4.3
4.6
4.8
4.9
4.8
4.4
3.8
3.4
3.0
2.5
2.1
1.7
1.4
1.1
1.0
0.9
0.9
0.8
0.8
0.7
0.7
0.6
0.6
0.5
0.4
0.4
0.3
0.3
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.4
0.4
0.5
0.6
0.8
1.0
1.2
1.4
1.7
1.9
2.2
2.5
2.8
3.1
3.4
3.6
3.8
3.9
4.0
3.9
3.6
3.3
2.9
2.6
2.2
1.8
1.4
1.2
1.0
0.8
0.8
0.7
0.6
0.6
0.5
0.5
0.5
0.4
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.3
0.4
0.4
0.5
0.6
0.7
0.9
1.1
1.3
1.4
1.7
1.9
2.2
2.5
2.8
3.0
3.2
3.3
3.3
3.3
3.1
2.8
2.6
2.3
2.0
1.6
1.3
1.0
0.8
0.7
0.6
0.6
0.5
0.4
0.4
0.4
0.4
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.3
0.3
0.3
0.4
0.5
0.6
0.7
0.8
1.0
1.1
1.3
1.5
1.8
2.0
2.3
2.5
2.7
2.7
2.8
2.7
2.6
2.4
2.2
2.0
1.7
1.4
1.1
0.9
0.7
0.6
0.5
0.5
0.4
0.4
0.3
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.2
0.2
0.3
0.3
0.4
0.4
0.5
0.6
0.7
0.9
1.0
1.2
1.4
1.6
1.9
2.1
2.2
2.3
2.3
2.3
2.2
2.0
1.9
1.7
1.5
1.2
1.0
0.8
0.7
0.6
0.5
0.4
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.2
0.2
0.2
0.2
0.3
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1.1
1.3
1.5
1.7
1.8
1.9
1.9
1.9
1.8
1.7
1.6
1.4
1.2
1.0
0.9
0.7
0.6
0.5
0.4
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.2
0.2
0.2
0.3
0.3
0.4
0.4
0.5
0.7
0.8
0.9
1.0
1.2
1.4
1.5
1.5
1.5
1.5
1.4
1.4
1.3
1.1
1.0
0.9
0.7
0.6
0.5
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.3
0.4
0.4
0.5
0.6
0.7
0.8
1.0
1.1
1.2
1.2
1.2
1.2
1.1
1.1
1.0
0.9
0.8
0.7
0.6
0.5
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.2
0.3
0.4
0.4
0.5
0.6
0.7
0.8
0.9
0.9
0.9
0.9
0.9
0.9
0.8
0.8
0.7
0.6
0.6
0.5
0.4
0.4
0.3
0.3
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
11
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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7699 Anagram Drive
Eden Prairie, MN 55344
Phone (952) 937-5150
Fax (952) 937-5822
Toll Free (888) 937-5150
Phone(952)937-51507699AnagramDriveFax(952)937-5822EdenPrairie,MN55344TollFree(888)937-5150
Page 1 of 3
NARRATIVE
MINOR VARIANCE: Building Setback – Lake46 Proposed Development
Request: Due to government action by Dakota County taking twenty-five (25) of additional right-of-way
(ROW) for County Road 46, the Applicant is requesting a minor building setback variance to allow for a
small, triangular, corner portion of a 2,103 square foot retail addition to extend into a thirty (30) foot
building setback along County Road 46 as shown on the attached Exhibit: “Setback Variance Detail.”
Background and Summary: The Applicant responded to a City RFP to address a current demand and
interest from retailers to join Lakeville Liquors at their location at 16179 Kenrick Avenue. Adding
complimentary retailers will increase retail activity and lower annual operating costs to Lakeville Liquor
as maintenance and utilities costs are spread out among more operators. To accommodate this
demand, the applicant proposes to add 3,410 square feet of retail space to the existing 9,848 square
foot Lakeville Liquor building. The original 1998 approval and development of the Lakeville Liquor
building contemplated and anticipated such future retail expansion.
The current Lakeville Liquor building sits on 91,459 square feet of land or 2.10 acres. That equates to a
building to land ratio of 11%. A more common commercial development land to building ratio is 20%. At
a 20% land to building ratio, this parcel, in theory, could contain slightly over 18,000 square feet of retail
space rather than the 9,848 square feet currently on the site.
However, it is not possible to expand and accommodate an 18,000 square foot building and required
parking on this particular parcel of land due to the following unusual circumstances:
It is surrounded on all four sides by major right-of-way (ROW) easements and setbacks. They
are; Interstate 35 (on the west), County Road 46 (on the south), and Kenrick Avenue
(surrounding the east and north).
Dakota County requires twenty-five (25) feet more ROW for County Road 46 future needs.
The property is not square, but rather formed in more of a “triangle shape” giving it large
undevelopable corner areas.
The property has extreme slopes on the southern and western property lines.
Because of this, the development team is only seeking to add an additional 3,410 square feet making the
total proposed building only 13,258 square feet rather than 18,000 square feet. With the new Plat and
new County ROW, the new land area is 92,134 square feet or 2.12 acres. This equates to a building to
land ratio of only 14.4%.
Existing Thirty (30) Foot Setback: Currently, there is a thirty (30) foot building setback requirement
along the southern property line adjacent to County Road 46. However, Dakota County is taking an
additional twenty-five (25) feet of ROW for future needs of County Road 46, so the thirty (30) foot
setback moves into the property by twenty-five (25) feet.
Area in Setback: Therefore, as a result of the taking, a small corner of the newly proposed retail
expansion will sit inside the new thirty (30) foot building setback line.
The total area in the setback is 136 square feet. The shape of the area in the setback is triangular. The
Page 2 of 3
measurements of the triangle in the setback are approximately: (12.9 feet) x (22.32 feet) x (25.27 feet).
The maximum protrusion at the very corner of the building is 10.76 feet into the 30 foot setback.
Mitigation Effort Summary: The development team made several modifications to the site and the
building design to try and avoid and/or minimize encroaching in the thirty (30) foot setback. First, the
team narrowed the width of the retail bay to a minimum for standard retail operations with a drive-thru
user with two (2) ADA restrooms. Then, the team pushed the drive-thru lane as far west as possible to
the southwest corner of the property to the extent that a retaining wall may be required. Next, the team
slid the 2,103 square foot southern retail bay west until the southwest corner of the retail bay abutted
the proposed drive-thru curb. You will notice that the new retail frontage is pushed back 8 feet from the
existing liquor store front. The following is a summary of mitigation efforts:
Pushed the proposed drive-thru as far west as possible using a possible retaining wall to
maximize the push to the west.
Minimized the size of the retail bay to minimum retail operational width for a drive-thru
user with two (2) ADA restrooms.
Slid the southern bay west to abut the drive-thru lane.
Experimented and analyzed the idea of “clipping” off the triangular corner of the building
and removing the encroaching 136 square feet. However, this makes the interior retail
space functionally obsolete for a drive-thru operation with two (2) ADA restrooms.
NOTE:
The encroaching tip of the building is almost 70 feet (69.45’) from the back of curb at County Road 46.
Also, the building’s finished floor is 6 feet below the County Road 46 trail. Therefore, the building is
protected by a 6 foot high hill.
QUALIFYING VARIANCE REQUIREMENTS
Variance applications must meet the “Review Criteria” set by the Board of Zoning Adjustments and
Appeals. The following criteria must be met:
A. The variance would be consistent with the comprehensive plan.
Yes. The land use does not change because of the minor variance.
B. The variance must be in harmony with the general purposes and intent of this title.
Yes. The architecture, uses, traffic flow, and parking are consistent with the current use.
C. The plight of the land owner is due to circumstances unique to the property not created by the
landowner.
Yes. The land is subject to government action due to a twenty-five (25) foot ROW taking by
Dakota County for future needs of County Road 46.
D. The purpose of the variance is not exclusively economic considerations.
Yes. The development team has worked to minimize the size of the retail leasable area to a
size well below common market size and ratios. The applicant is not seeking a maximum
building to land ratio.
E. The granting of the variance will not alter the essential character of the neighborhood in which
the parcel of land is located.
Page 3 of 3
Yes. The variance will not alter the use and will keep the same architectural character and
theme of the existing development.
F. The variance is the minimum action required to eliminate the practical difficulty.
Yes. The development team has done the following efforts to minimize the building setback
encroachment; (i) pushed the proposed drive-thru as far west as possible using a possible
retaining wall to maximize the push to the west; (ii) minimized the size of the retail bays; (iii)
slid the southern bay west to avoid the setback; (iv) experimented and analyzed the idea of
“clipping” off the corner of the building and removing the encroaching 136 square feet (this
makes the interior retail space functionally obsolete for a drive-thru operation).
Therefore the applicant respectfully seeks and requests the grant of a small, triangular, 136 square foot
portion of a 3,410 square foot retail addition to extend into a thirty (30) foot setback along County Road
46 as shown on the attached Exhibit: Setback Variance Detail.
# # #
Page 1 of 3
NARRATIVE
MINOR VARIANCE: Parking Setback – Lake46 Proposed Development
Request: The Applicant is requesting a minor variance to allow for some perimeter parking stalls in the
newly proposed Lakeville Liquor store retail addition to encroach, at varying points, into a fifteen (15)
foot parking setback on portions of the perimeter of the land parcel. The variance is due to government
action from Dakota County taking twenty-five (25) feet of right-of-way (ROW) along County Road 46 as
depicted on the attached Exhibit: “Setback Variance Detail.”
Background and Summary: The Applicant responded to a City RFP to address a current demand and
interest from retailers to join Lakeville Liquors at their location at 16179 Kenrick Avenue. Adding
complimentary retailers will increase retail activity and lower annual operating costs to Lakeville Liquor
as maintenance and utilities costs are spread out among more operators. To accommodate this
demand, the applicant proposes to add 3,410 square feet of retail space to the existing 9,848 square
foot Lakeville Liquor building. The original 1998 approval and development of the Lakeville Liquor
building contemplated and anticipated such future retail expansion.
The current Lakeville Liquor building sits on 91,459 square feet of land or 2.10 acres. That equates to a
building to land ratio of 11%. A more common commercial development land to building ratio is 20%. At
a 20% land to building ratio, this parcel, in theory, could contain slightly over 18,000 square feet of retail
space rather than the 9,848 square feet currently on the site.
However, it is not possible to expand and accommodate an 18,000 square foot building and required
parking on this particular parcel of land due to the following unusual circumstances:
It is surrounded on all four sides by major right-of-way (ROW) easements and setbacks. They
are; Interstate 35 (on the west), County Road 46 (on the south), and Kenrick Avenue
(surrounding the east and north).
Dakota County requires twenty-five (25) more ROW for County Road 46 future needs.
The property is not square, but rather formed in more of a “triangle shape” giving it large
undevelopable corner areas.
The property has extreme slopes on the southern and western property lines.
Because of this, the development team is only seeking to add an additional 3,410 square feet making the
total proposed building only 13,258 square feet rather than 18,000 square feet. With the new Plat and
ROW the new land area is 92,134 square feet or 2.12 acres. This equates to a building to land ratio of
only 14.4%.
Note: When the original Lakeville Liquor building was approved and developed in 1998, parking setbacks
were five (5) feet from property lines. It did not anticipate future parking setbacks of 15 feet.
Municipal Parking Requirements: Per current City of Lakeville Code, the additional 3,410 square feet of
retail space to the existing 9,848 building requires a total of seventy-five (75) parking spaces.
Mitigation Effort Summary: Over the course of time and design of this proposed retail addition, the
development team made the following efforts to meet the 15 foot setback requirement for all perimeter
Page 2 of 3
stalls. With the impending twenty-foot (25) ROW taking by Dakota County, the development team
agreed to acquire right-of-way (ROW) adjacent to Kenrick Avenue to increase the size of land. Through
right-of way acquisition, the proposed size of the property will be 92,134 square feet or 2.10 acres after
the ROW taking for County Road 46 by Dakota County. In addition to acquiring ROW adjacent to Kenrick
Avenue, the following mitigation efforts were implemented by the development team:
Reduced the length of each perimeter stall from 20 feet to 18 feet.
Further reduced nine of those stalls to “compact size” 9 feet by 16 feet.
Adjusted and smoothed the property line along Kenrick Avenue to follow the natural
curvature of Kenrick, eliminating existing property line “jogs.”
Reduced the size of each retail bay to minimum operational functionality to reduce parking
needs.
BENEFITS:
Increased pervious area to 33% of land parcel to meet current area watershed
requirements.
Added a new storm water management system to control and treat storm water runoff.
NET EFFECT OF PARKING SETBACK VARIANCE:
Of the 75 parking stalls on the property, nineteen (19) of the parking stalls included in the setback
variance request are along County Road 46 (162nd Street), and fifteen (15) of the parking stalls are along
Kenrick Avenue.
The distance the nineteen (19) perimeter parking stalls are from the back-of-curb to back-of-curb along
County Road 46 ranges from 59.25 feet to 56.04 feet. The amount these nineteen (19) stalls are from
from the property line ranges from 6.37 feet to 5.72 feet.
The distance the fifteen (15) perimeter parking stalls are from the back-of-curb to back-of-curb along
Kenrick ranges from 38.84 feet to 17.70 feet. The amount these fifteen (15) stalls are from the property
line ranges from 11.98 feet to 7.52 feet.
QUALIFYING VARIANCE REQUIREMENTS
Variance applications must meet the “Review Criteria” set by the Board of Zoning Adjustments and
Appeals. The following criteria must be met:
A. The variance would be consistent with the comprehensive plan.
Yes. The land use does not change because of the minor variance.
B. The variance must be in harmony with the general purposes and intent of this title.
Yes. The architecture, uses, traffic flow, and parking are consistent with the current use.
C. The plight of the land owner is due to circumstances unique to the property not created by the
landowner.
Yes. The land is subject to government action due to a twenty-five (25) foot ROW taking by
Dakota County and the land has; (i) an unusual triangular shape not allowing it to maximize its
building to land ratio; (ii) the land is surrounded by road major ROW easements on all sides;
Page 3 of 3
(iii) the property was initially approved with five (5) foot parking setbacks and not 15 foot
setbacks.
D. The purpose of the variance is not exclusively economic considerations.
Yes. The development team has worked to minimize the size of the retail leasable area to a
size well below common market size and ratios. The applicant is not seeking maximum
building to land ratio.
E. The granting of the variance will not alter the essential character of the neighborhood in which
the parcel of land is located.
Yes. The variance will not alter the use and will keep the same architectural character and
theme of the existing development.
F. The variance is the minimum action required to eliminate the practical difficulty.
Yes. The development team has done the following efforts to minimize parking setback
encroachment; (i) acquired additional land to accommodate the parking; (ii) reduced the size
of the retail addition to reduce the amount of parking stalls required; (iii) reduced the size of
each of the perimeter stalls and; (iv) changed the property line to reflect the curvature of
Kenrick Avenue.
Therefore the applicant respectfully seeks and requests the grant of a minor variance to allow for
perimeter parking stalls to encroach into the 15 foot setback as shown on the Lake46 Site Plan as
depicted on the attached Exhibit: “Setback Variance Detail.”
# # #
RETAIL 12,103 SFRETAIL 21,307 SFEXISTING LIQU
O
R
9,848 S
F
RETAIL 12,103 SF7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822Toll Free(888) 937-5150
NOPARKINGRETAIL12,103SFRETAIL21,307SFEXISTINGLIQUOR9,848SF COMPACTNOPARKING COMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACTCOMPACT7699 Anagram DriveEden Prairie, MN 55344Phone(952) 937-5150Fax(952) 937-5822TollFree(888) 937-5150
Dakota County Surveyor’s Office
Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124
952.891-7087 Fax 952.891-7127 www.co.dakota.mn.us
January 24, 2018
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Re: EUGENE FREDRICKS ADDITION
The Dakota County Plat Commission met on January 22, 2018, to consider the preliminary plat referenced
above. The plat is adjacent to CSAH 46, and is therefore subject to the Dakota County Contiguous Plat
Ordinance.
The proposed plat includes an existing City liquor store with two proposed retail additions. The right-of-way
needs along CSAH 46 are 100 feet of half right-of-way. The existing right of way is 75 feet of half right of way.
The plat dedicates 25 feet of additional right of way along CSAH 46, which is different than previously
discussed as 15 feet of dedication and a 10-foot trail, drainage, utility and wall easement.
Restricted access is shown along all of CSAH 46. A quit claim deed to Dakota County for restricted access is
required at the time of recording the plat mylars. As noted, the Transportation Department is in the process
of transferring City right of way from the prior CSAH 46/TH35 interchange project.
The Plat Commission has approved the preliminary plat provided that the described conditions are met, and
reviewed the final plat and recommends approval to the County Board of Commissioners provided that the
described conditions are met.
Traffic volumes on CSAH 46 are 36,400 ADT and are anticipated to be 42,000 ADT by the year 2030.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to
restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat
Commission highly recommends early contact with the Transportation Department to discuss the permitting
process which reviews the design and may require construction of highway improvements, including, but not
limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please
contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat
Commission or Plat Ordinance questions at (952) 891-7070.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
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