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HomeMy WebLinkAboutItem 06.h May 21, 2018 Item No. ______ GEPHART/CUSTER VARIANCE Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve the Gephart/Custer variance and adopt the findings of fact. Overview Richard Gephart and Karen Custer have applied for a variance to allow the construction of a new single-family home on a parcel located on the north side of Lake Marion at 10322- 199th Street. The property is located in the Shoreland Overlay District and is approximately 27,503 square feet (0.63 acres) in area. A house is currently located on the subject property and would be demolished and replaced by a new single-family home. Due to a previous reconfiguration of the lot lines between the subject property and the vacant property to the east in 1996, the grandfather right to a 10-foot side yard setback was forfeited. The minimum required side yard setback for the property is now 20 feet. A 10-foot side yard setback is proposed consistent with the setback requirement prior to the lot reconfiguration. The Planning Commission held a public hearing on May 3, 2018 to consider the variance request. The Planning Commission recommended unanimous approval subject to the four stipulations listed in the April 27, 2018 planning report. There was no public comment. Primary Issues to Consider Is the request consistent and in keeping with other single family residential homes in the area? A significant majority of other homes on the lake shore in the neighborhood vicinity of the subject property are allowed a 10- foot side yard setback. Supporting Information • Variance form • Findings of fact • May 3, 2018 draft Planning Commission meeting minutes • April 27, 2018 planning report Financial Impact: $ None Budgeted: Y/N N/A_ Source: __________________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance_____________________________________________ Community Values: A Home for All Ages and Stages of Life__________________________________________ Report Completed by: Frank Dempsey, AICP, Associate Planner 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE NO. 18-______ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a variance to Richard Gephart and Karen Custer to allow the construction of a single family home with 10-foot side yard setbacks located at 10322 – 199th Street. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: (See Exhibit A) 3. Conditions. The variance is issued subject to the following conditions: a) All proposed and future structures, including a deck more than 30 inches above grade, shall comply with all setbacks required by the Zoning Ordinance. b) Site grading, excavation and tree removal shall not occur prior to submittal of a $5,000 site restoration and landscape escrow and approval of a building permit. c) All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. d) A minimum of 11 trees shall be planted on the property, five of which shall be planted between the house and the lake. All new trees shall be a minimum of 2½ inch caliper for deciduous trees and eight feet tall for evergreen trees. 2 4. Lapse. If within one year from the issuance of this variance the single family has not been constructed , this variance shall lapse. Dated: May 21, 2018 CITY OF LAKEVILLE BY:____________________________ Douglas P. Anderson, Mayor BY:____________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 21st day of May 2018 by Douglas P. Anderson, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 3 EXHIBIT A Lot 7 and that part of Lot 8 and that part of Lot 9, Block 23, Lenihan's Lots, Antlers Park, Dakota County, Minnesota, together with that part of the vacated street adjoining thereto lying westerly of the following described line: Commencing at the northwest corner of said Lot 8; thence North 67 degrees 16 minutes 04 seconds East, assumed bearing, on the northerly line of said Lot 8 and Lot 9 a distance of 49.00 feet to the northeast corner of said Lot 9; thence South 71 degrees 00 minutes 56 seconds East along the northerly line of said vacated street a distance of 8.82 feet to the point of beginning of the line to be described; thence South 27 degrees 05 minutes 44 seconds West a distance of 128.17 feet; thence South 03 degrees 57 minutes 13 seconds East a distance of 91.90 feet; thence South 02 degrees 25 minutes 44 seconds East a distance of 109 feet more or less to the shore of Lake Marion and said line there terminating. Subject to a 10 foot wide public drainage and utility easement adjoining the said parcel boundary thereof. 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA GEPHART CUSTER VARIANCE On May 3, 2018 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of Richard Gephart and Karen Custer for a variance to allow 10-foot side yard setbacks on a parcel in the Shoreland Overlay District of Lake Marion located at 10322 – 199th Street. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The applicant was present, and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The property is located in Planning District No. 4 of the Comprehensive Plan which guides the property for low density residential land uses. 2. The property is zoned RS-3, Single Family Residential District and Shoreland Overlay District. 3. The legal description of the property is: (See Exhibit A) 4. Section 11-6-5 of the Zoning Ordinance requires that certain criteria be met in consideration of a variance request. The criteria and our findings regarding them are: a) That the variance would be consistent with the comprehensive plan. The use of the property as a single-family home is consistent with the low density residential land use designation of the Comprehensive Plan. b) That the variance would be in harmony with the general purpose and intent of the Zoning Ordinance. The proposed single-family home and the proposed 10-foot side yard setbacks will be consistent and in harmony with other single-family properties in the area. c) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. 2 The lot width and configuration is a unique circumstance to the property not created by the property owner/applicants. d) That the purpose of the variance is not exclusively for economic considerations. The variance request is not exclusively for economic considerations. e) That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The proposed single-family home will be consistent with and will not alter the character of the neighborhood. All homes within 1000 or more feet of the subject property are allowed 10 foot side yard setbacks. f) That the requested variance is the minimum action required to eliminate the practical difficulty. The proposed single-family home has been designed to minimize the proposed variance request while also eliminating at least four non-conforming conditions on the property. g) Variances may not be approved for any use that is not allowed under this section for property in the zone where the affected person’s land is located. The single-family home is a permitted use in the RS-3 District and Shoreland Overlay District. 5. The planning report dated April 27, 2018 and prepared by Associate Planner, Frank Dempsey is incorporated herein. DATED: May 21, 2018 CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor BY: ________________________ Charlene Friedges, City Clerk Prepared By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 3 EXHIBIT A Lot 7 and that part of Lot 8 and that part of Lot 9, Block 23, Lenihan's Lots, Antlers Park, Dakota County, Minnesota, together with that part of the vacated street adjoining thereto lying westerly of the following described line: Commencing at the northwest corner of said Lot 8; thence North 67 degrees 16 minutes 04 seconds East, assumed bearing, on the northerly line of said Lot 8 and Lot 9 a distance of 49.00 feet to the northeast corner of said Lot 9; thence South 71 degrees 00 minutes 56 seconds East along the northerly line of said vacated street a distance of 8.82 feet to the point of beginning of the line to be described; thence South 27 degrees 05 minutes 44 seconds West a distance of 128.17 feet; thence South 03 degrees 57 minutes 13 seconds East a distance of 91.90 feet; thence South 02 degrees 25 minutes 44 seconds East a distance of 109 feet more or less to the shore of Lake Marion and said line there terminating. Subject to a 10 foot wide public drainage and utility easement adjoining the said parcel boundary thereof. CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES May 3 , 2018 Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Pat Kaluza, Vice Chair Jason Kelvie, Jason Swenson, Scott Einck, Karl Drotning, Jeff Witte, Brooks Lillehei Members Absent: Ex-officio member Mike Lamm Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The April 19, 2018 Planning Commission meeting minutes and Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey informed the audience that tonight’s work session will be held in the Marion Conference Room immediately following the regular Planning Commission meeting. 5. Karen Custer and Richard Gephart Chair Kaluza opened the public hearing to consider the application of Karen Custer and Richard Gephart for a variance from the side yard building setback requirement to allow the construction of a new single family home on a parcel located in the RS-3, Single Family Residential District and Lake Marion Shoreland Overlay District, located at 10322 – 199th Street. Mark Gergen, the applicant’s builder, provided a brief overview of the request. Mr. Gergen stated he assumed that there were 10-foot side yard setbacks when designing the new home for this lot but found out the required side yard setback is 20 feet after talking to City staff. He looks at this lot as an asset to the City. Taking the existing house out of the lake setback is an improvement to the property. Associate Planner Frank Dempsey presented the planning report. The house that is currently located on the subject lot would be demolished and a new house would be built. The minimum required side yard setback for this parcel is 20 feet due to an administrative subdivision approved for the property in 1996, which erased the property’s grandfather rights to a 10-foot side yard setback. The applicant is proposing a 10-foot side yard building setback consistent with the side yard setback required for other lots in the area created before January 1980. Since most houses Planning Commission Meeting Minutes, May 3, 2018 Page 2 in the neighborhood have a 10-foot side yard setback, the new house would not be out of character for the neighborhood. The existing non-conforming conditions were reviewed by Mr. Dempsey along with the non-conforming conditions that will be corrected with this request. Mr. Dempsey reviewed the criteria for granting a variance. With all the neighbors entitled to a 10-foot side yard setback, a variance would not allow the applicants a right not enjoyed by other property owners in the area. Mr. Dempsey stated that staff recommends approval of the variance, subject to the four stipulations listed in the April 27, 2018 planning report, and adoption of the Findings of Fact dated May 3, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Drotning, seconded by Kelvie to close the public hearing at 6:11 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: • Commissioner Swenson expressed his interest with the history of the 1910 Antlers Park plat. He was supportive of the variance request. He felt the property won’t look significantly different from the neighbors and he supports the elimination of non-conformities on the property. • Commissioner Witte agreed that the elimination of non-conformities will bring the property more in line with City Code. • Commissioner Drotning asked if the lot would still be under the 25% maximum impervious surface area requirement given the proposed paving of the driveway. Mr. Dempsey confirmed the impervious surface coverage would be 21.1% as noted on the survey. • Commissioner Lillehei stated that he is in favor of this variance request. But he asked for an explanation of the variance criteria “That the plight of the landowner is due to circumstances unique to the property not created by the landowner.” Mr. Dempsey explained that by adjusting the lot lines in 1996, the lot lost its grandfather rights to a 10-foot side yard setback. • Confirmed that the lot to the east (Parcel B) will have a 20-foot side yard setback requirement when a house is built on it. • Mr. Gergen indicated that this is a reasonable sized home in today’s market and fits the value of the property. Planning Commission Meeting Minutes, May 3, 2018 Page 3 Motion was made by Drotning, seconded by Kelvie to recommend to City Council approval of a variance from the side yard building setback requirement to allow the construction of a new single family home on a parcel located in the RS-3, Single Family Residential District and Lake Marion Shoreland Overlay District, located at 10322 – 199th Street, subject to the following four stipulations, and adoption of the Findings of Fact dated May 3, 2018: 1. All proposed and future structures, including a deck more than 30 inches above grade, shall comply with all setbacks required by the Zoning Ordinance. 2. Site grading, excavation and tree removal shall not occur prior to submittal of a $5,000 site restoration and landscape escrow and approval of a building permit. 3. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. 4. A minimum of 11 trees shall be planted on the property, five of which shall be planted between the house and the lake. All new trees shall be a minimum of 2 ½ inch caliper for deciduous trees and eight feet tall for evergreen trees. Ayes: Swenson, Einck, Lillehei, Kaluza, Kelvie, Witte, Drotning Nays: 0 There being no further business, the meeting was adjourned at 6:27 p.m. The Planning Commission immediately went into their scheduled work session. Respectfully submitted, Penny Brevig, Recording Secretary City of Lakeville Planning Department M e morandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: April 27, 2018 Subject: Packet Material for the May 3, 2018 Planning Commission Meeting Agenda Item: Gephart/Custer Variance, 10322 – 199th Street Application Action Deadline: June 2, 2018 BACKGROUND SUMMARY Richard Gephart and Karen Custer have applied for a variance to allow the construction of a new single-family home on a parcel located on the north side of Lake Marion. The property is located in the Shoreland Overlay District and is approximately 27,503 square feet (0.63 acres) in area. A house is currently located on the subject property. The house would be demolished and replaced by a new single-family home. Due to the narrow configuration of the lot, a variance from the side yard setback requirement is proposed to construct the new home. The minimum required setback for the Gephart parcels is 20 feet. A ten-foot side yard setback is proposed. EXHIBITS A. Aerial Photo B. Zoning/Location Map C. Survey D. Variance Sketch 20 Foot Setback E. Site layout and Grading Plan F. Application Narrative 2 PLANNING ANALYSIS The subject property was platted in 1910 and named Subdivision of Lot 1, Block 23, Antlers Park and is shown as Parcel A on the survey (Exhibit C). The plat of the subject property was a re-plat of the 1909 Antlers Park. The street right of way of Forest Glen Avenue was also part of the plat but remained undeveloped and was vacated by the City in 1962. The Gepharts received approval of an administrative subdivision to reconfigure the lot boundaries of Parcels A and B to accommodate the construction of a new house on Parcel B. For personal family reasons, the new house on Parcel B was not constructed but Parcel B does remain as a buildable parcel subject to Zoning Ordinance requirements. In 1996, the City Council approved a lot width variance for Parcels A and B abutting the right-of- way, 199th Street. The variance allowed lot width less than 85 feet. A conditional use permit was also approved in 1996 to allow the placement of a small amount of soil foundation fill material within the floodplain of Lake Marion for the construction of a new house on Parcel B. Section 11-102-13.D of the Zoning Ordinance requires a minimum 20-foot side yard setback for riparian (lake abutting lots) on Lake Marion. Lots platted prior to January 18, 1980 require a minimum 10-foot side yard setback. Since the lots were reconfigured in 1996 and since part of the lot includes vacated road right-of-way from the original plat, the “grandfather right” of a 10 foot side yard setback is forfeited and a side yard setback of 20 feet is now required. The applicants are requesting a variance to allow a 10-foot setback from each side property line. The applicants have provided a written narrative with the variance application that outlines their proposed variance request and describes their proposed plans. The narrative also attempts to address the seven variance criteria listed in Section 11-102-23 of the Zoning Ordinance. The narrative describes the applicants’ position that the project is compatible and harmonious with the conditions of the surrounding properties and is the minimum variance necessary to accomplish the best outcome to address the physical limitations of the property. Exhibit D is a sketch that illustrates the extent of the required 20-foot side yard setback line and the 75-foot OHWL setback line with the resulting buildable area. The widest area is approximately 80 feet along the 75-foot OHWL setback line. The shape of the lot quickly reduces the buildable area to a narrow triangle further north. A small home with a small two car or tuck- under garage may be possible within the setback triangle if the 20-foot side yard setback were to be maintained. Existing Non-Conforming Conditions. The survey submitted with the variance application indicates the following non-conforming conditions: 3 1. The lot does not meet the lot width requirement for the RS-3 District of 85 feet. A variance was approved in 1996 to allow the existing lot widths for both Parcel A and Parcel B as noted on the survey. The driveway for Parcel A crosses onto Parcel B to access 199th Street. A private driveway easement was signed by the property owner in 1996 to allow the driveway encroachment. The new driveway will comply with setback requirements and the encroachment will be removed. 2. The existing house is located within the 75-foot minimum setback of the Lake Marion Ordinary High Water Level (OHWL) of 983.1 feet. The new house will comply with the OHWL setback requirement. 3. The existing driveway exceeds the maximum allowed 10% grade. The new driveway will grade will be at or less than 10%. 4. Overhead utilities serve the house on Parcel A. The overhead utilities for the new house will be placed underground. 5. The driveway for the property to the west encroaches over part of Parcel A. The driveway will remain in its present location. 6. A shed owned by the adjacent property owner to the west is located over and partly on the Gephart property. The shed has been in that location for many years. The owner of the shed has not been willing to cooperate with the Gephart’s request to remove the shed. In order to guarantee removal of the shed a hold has been placed on any future building permits on the adjacent property until such time the shed encroachment is removed and brought into compliance with setback requirements. New House Plan. The proposed new house will total 3,000 square feet above grade, two stories in height and a walk-out lower level. A 1,522 square foot indoor sport court is also proposed. The driveway will be reconstructed with the grading and relocated entirely on the subject property. The new house will meet the OHWL and front yard setback requirements. Any future deck or other future building additions for the new house will be subject to the required setbacks, except as may be allowed by the side yard setback variance. Retaining walls will be constructed south and east of the new house and near the northwest property line. The retaining walls are shown as dark lines on the proposed construction plan. The grading will also impact a large number of significant trees. Lower growing brush on the property between the new house and the lakeshore will also be removed or thinned-out. The 4 owner has not yet submitted a landscape plan committing to replace some of the trees being removed. Staff recommends that a minimum of 11 trees be planted on the property, five of which shall be located between the house and the lake. The landscape plan must be submitted prior to City Council consideration of the variance. Parcel B. Parcel B was created when the Forest Glen Avenue street right-of-way was vacated in 1962 and acquired by the Gephart family. Any future building on Parcel B must comply with all setback requirements, including the minimum 20-foot side yard setbacks unless a variance is approved. The buildable area within Parcel B is larger and wider than that on Parcel A which allows more flexibility for a setback compliant building layout. VARIANCE Section 11-102-23 of the Shoreland Overlay District requires that a variance address and meet six criteria. No variance shall be granted where it is determined that the variance will have a tendency to: A. Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in such a manner as to increase the height of flooding, except obstructions approved by the watershed districts in conjunction with sound floodplain management. The proposed single-family home construction will not be located within a flood plain and will not create a restriction of storm and flood waters increasing the height of flooding. B. Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies. The proposed development of the property is consistent with other single family lots in the area. The side yard setback requirement is 10 feet for all homes on the lake within 1,000 or more feet of the subject property because those lots were all created prior to January 18, 1980. The proposed single-family home on Parcel A will be consistent with the development characteristics of the properties and homes in the vicinity. The proposed variance will not be detrimental to surface or ground water supplies. C. Be not in keeping with land use plans and planning objectives for the city or which will increase or cause damage to life or property. 5 The planned land use of the property is for a single-family home that achieves the land use and zoning objectives of the City, consistent with the characteristics of the neighborhood. The proposed variance will not increase or cause damage to life or property. D. Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural landforms, vegetation and the marshes and wetlands within the city. The proposed single-family home will be consistent with the objective of land use compatibility. Some reduction in grade around the high point of the property will occur but will not be detrimental to the natural landforms. Removed vegetation will be replaced with trees and ground cover. E. No permit or variance shall be issued unless the applicant has submitted a shoreland impact plan as required and set forth in this chapter. In granting any variance, the council may attach such conditions as they deem necessary to ensure compliance with the purpose and intent of this chapter. The site plan shows that 19 significant trees will be removed was part of this project, 11 of which are located on the subject property. A minimum of 11 trees must be planted on the subject property with a minimum of five planted between the house and the lake. All disturbed soils must be restored and established with groundcover immediately after work in that area is completed. F. The criteria established by section 11-6-5 (variances) of this title are met. Section 11-6-5 of the Zoning Ordinance states that the Board of Adjustment (City Council) shall not approve any variance request (major or minor) unless the Board of Adjustment find failure to grant the variance will result in practical difficulties. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Economic conditions alone do not constitute practical difficulties. Staff’s review of the variance request concludes that the application meets the seven criteria listed in Section 11-6-5 of the Zoning Ordinance as described in the attached findings of fact. Department of Natural Resources (DNR). The DNR was notified of the proposed variance. No comments in opposition to the proposed variance were received. 6 RECOMMENDATION Planning Department staff recommends approval of the variance subject to the following stipulations: 1. All proposed and future structures, including a deck more than 30 inches above grade, shall comply with all setbacks required by the Zoning Ordinance. 2. Site grading, excavation and tree removal shall not occur prior to submittal of a $5,000 site restoration and landscape escrow and approval of a building permit. 3. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. 4. A minimum of 11 trees shall be planted on the property, five of which shall be planted between the house and the lake. All new trees shall be a minimum of 2½ inch caliper for deciduous trees and eight feet tall for evergreen trees. EXHIBIT A Lake Marion RS-3 RS-2 RS-3 P/OS RS-2 RS-3 RST-2 P/OS RS-3 456750 UPPER 1 96THW AY W ITERI AVEISMAY PATH 199TH ST WJAGUARAVE ITALY AVE192ND ST W ITERI L NITERI CT W J E R S E Y AVE ITE R I P L J ASPE R TER IT ASCALN JASPERTER 194TH ST W JADELN JEWEL P ATH JERSE Y AVEÜ 10322 199TH STREET WEST EXHIBIT B EASEMENT FOR ACCESS TOLAKE FOR PARCEL A PERDOCUMENT NO. 139746(TO BE VACATED)EASEMENT OVER THAT PART OF PARCEL AIN FAVOR OF THE CITY OF LAKEVILLE PERDOCUMENT NO. 1396745 (HATCHED AREA)ACCESS EASEMENT PER DOCUMENT NO.1396744 (HATCHED AREA)EASEMENT FOR INGRESSAND EGRESS AND FORPUBLIC ACCESS TO PUBLICUTILITIES (HATCHED AREA)EXHIBIT C GARAGEFF=999.5PROPOSEDHOUSEBASE FF=991.1SPORT COURTFF=1003.0(2)-4' HIGHRETAINING WALLS3' HIGH RETAINING WALL4' HIGH RETAINING WALL4' HIGHRETAINING WALLSPORT COURT AND GARAGE HAVE3.5' FOUNDATION WALL999.5998.8990.71003.0SILT FENCEDOUBLE ROWOF SILT FENCE990.7992.0992.0 EASEMENT FOR ACCESS TOLAKE FOR PARCEL A PERDOCUMENT NO. 139746(TO BE VACATED)EASEMENT OVER THAT PART OF PARCEL AIN FAVOR OF THE CITY OF LAKEVILLE PERDOCUMENT NO. 1396745 (HATCHED AREA)ACCESS EASEMENT PER DOCUMENT NO.1396744 (HATCHED AREA)EASEMENT FOR INGRESSAND EGRESS AND FORPUBLIC ACCESS TO PUBLICUTILITIES (HATCHED AREA)DESCRIPTION OF PARCEL A:Lot 7 and that part of Lot 8 and that part of Lot 9, Block 23, Lenihan's Lots, Antlers Park, Dakota County, Minnesota, together with thatpart of the vacated street adjoining thereto lying westerly of the following described line: Commencing at the northwest corner of saidLot 8; thence North 67 degrees 16 minutes 04 seconds East, assumed bearing, on the northerly line of said Lot 8 and Lot 9 a distanceof 49.00 feet to the northeast corner of said Lot 9; thence South 71 degrees 00 minutes 56 seconds East along the northerly line of saidvacated street a distance of 8.82 feet to the point of beginning of the line to be described; thence South 27 degrees 05 minutes 44seconds West a distance of 128.17 feet; thence South 03 degrees 57 minutes 13 seconds East a distance of 91.90 feet; thence South02 degrees 25 minutes 44 seconds East a distance of 109 feet more or less to the shore of Lake Marion and said line there terminating.Subject to a 10 foot wide public drainage and utility easement adjoining the said parcel boundary thereof.DESCRIPTION OF PARCEL B:That part of Lot 8 and that part of Lot 9, Block 23, Lenihan's Lots, Antlers Park, Dakota County, Minnesota, together with that part of thevacated street adjoining thereto lying easterly of the following described line: Commencing at the northwest corner of said Lot 8; thenceNorth 67 degrees 16 minutes 04 seconds East, assumed bearing, on the northerly line of said Lot 8 and Lot 9 a distance of 49.00 feet tothe northeast corner of said Lot 9; thence South 71 degrees 00 minutes 56 seconds East along the northerly line of said vacated streeta distance of 8.82 feet to the point of beginning of the line to be described; thence South 27 degrees 05 minutes 44 seconds West adistance of 128.17 feet; thence South 03 degrees 57 minutes 13 seconds East a distance of 91.90 feet; thence South 02 degrees 25minutes 44 seconds East a distance of 109 feet more or less to the shore of Lake Marion and said line there terminating. Subject to a10 foot wide public drainage and utility easement adjoining the said parcel boundary thereof.NOTES:TOTAL AREA OF PARCEL A = 27,503 SQ. FT.EXISTING IMPERVIOUS SURFACE AREA OF PARCEL A = 5,286 SQ. FT. = 19.2%PROPOSED HARD SURFACE = 5,805 SQ. FT. = 21.1%Description for drainage and utility easement over and across that part of Parcel B lying in the 100-year flood zone:That part of Lot 9, Block 23, Lenihan's Lots, Antlers Park, Dakota County, Minnesota, and that part of the vacated streetadjoining thereto, described as follows: Commencing at the northwest corner of said Lot 9; thence North 67 degrees 16minutes 04 seconds East, assumed bearing, on the northerly line of said Lot 9 a distance of 32.00 feet to the northeast cornerof said Lot 9; thence South 71 degrees 00 minutes 56 seconds East on the northerly line of said vacated street a distance of8.82 feet; thence South 27 degrees 05 minutes 44 seconds West a distance of 98.17 feet to point A; thence continue South27 degrees 05 minutes 44 seconds West a distance of 30.00 feet; thence South 03 degrees 57 minutes 13 seconds East adistance of 91.90 feet; thence South 02 degrees 25 minutes 44 seconds East a distance of 87.53 feet to the point ofbeginning; thence North 33 degrees 29 minutes 48 seconds East a distance of 46.35 feet; thence North 68 degrees 45minutes 26 seconds East a distance of 49.51 feet; thence North 07 degrees 02 minutes 38 seconds West a distance of 101.63feet; thence North 38 degrees 08 minutes 53 seconds West a distance of 62.81 feet; thence South 86 degrees 35 minutes 42seconds West a distance of 16.88 feet to said point A; thence North 27 degrees 05 minutes 44 seconds East a distance of98.17 feet to the northerly line of said vacated street; thence South 71 degrees 00 minutes 56 seconds East on said Northerlyline of the vacated street a distance of 51.18 feet to the easterly line of said vacated street; thence southerly on the easterlyline of said vacated street a distance of 270 feet more or less to the shore of Lake Marion; thence westerly on the shore ofLake Marion a distance of 100 feet more or less to a point that bears South 02 degrees 25 minutes 44 seconds East from thepoint of beginning; thence North 02 degrees 25 minutes 44 seconds West a distance of 23 feet more or less to the point ofbeginning.EXHIBIT E EXHIBIT F