ITEM 3.1TPC
The Planning Company
PLANNING REPORT
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
ITEM 3.1
RE: Otsego — Reibling; A-2 District Zoning Map Amendment/CUP
REPORT DATE: 12 September 2019
ACTION DEADLINE: 11 October 2019
TPC FILE: 101.02
BACKGROUND
Ronald and Ronda Reibling own a 37.5 acre parcel at the southwest corner of 70th Street (CSAH
38) and Odean Avenue. There are currently no homes on the property. The property owner is
proposing to subdivide 1 single family lot at the southeast corner of the parcel. The proposed
subdivision may be processed administratively but requires prior approval of a Zoning Map
amendment rezoning to A-2, Agriculture Long Range Urban Service District and a CUP allowing
a lot in the A-2 District with an area less than 20 acres. A public hearing has been noticed for
the Planning Commission meeting on 16 September 2019 at 7:OOPM.
Exhibits:
A. Site Location
B. Certificate of Survey
ANALYSIS
Comprehensive Plan. The subject site is zoned A-1 District, which allows development density
at one dwelling unit per 40 acres and the minimum lot size for lots established after October
2002 is 20 acres. The applicant is requesting a rezoning of the parcel to A-2 District. The A-2
District allows for development at four dwelling units per forty acres and subdivision of lots less
than 20 acres in area by approval of a conditional use permit consistent with the interim land
use plan established by the Comprehensive Plan.
The subject site would be allowed up to 3 lots subject to applicable minimum lot requirements.
In order to maintain contiguous tracts of land for future urban development, the A-2 District
requires that subdivided lots conform either to a minimum lot area of 20 acres or that all but
one lot not exceed 2.5 acres in area subject to approval of a conditional use permit. The
applicant is proposing to subdivide one lot at the southeast corner of the subject site abutting
Odean Avenue.
Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and
minimum width of 450 feet. Section 11-52-5.1-1 of the Zoning Ordinance allows for the creation
of lots less than 20 acres in area within the A-2 District by conditional use permit based on
compliance with the following criteria:
1. All other applicable requirements of Section 11-52-6 of this Chapter are
complied with.
2. A concept plan utilizing all development rights allowed by Section 11-52-
6.8 of this Chapter is submitted and recorded with the subdivision.
3. Lots are to be clustered and the overall subdivision designed in such a
manner so as to provide for logical future street and utility extensions.
4. No lot shall be less than one (1) acre in size or 150 feet in width.
5. The maximum lot size for clustered lots in the Urban Service Reserve Area
shall be two and one-half (2.5) acres except if one of the following
conditions is met:
a. Topography, soils, wetlands, or other natural features dictate a
larger minimum lot area.
b. The location of existing buildings cannot be fully accommodated in
compliance with applicable setback requirements of Section 20-
52-6.0 of this Chapter.
C. One (1) development right as allowed by Section 11-52-6.8 of this
Chapter is used for a dwelling located on the present parcel
outside of the residential cluster.
6. A resubdivision plan for future division of each lot with availability of
municipal sanitary sewer service is submitted and recorded on the deed
for each lot. Principal and accessory buildings shall be located on each lot
2
in conformance with all present and future setback requirements based
on the resubdivision plan.
7. A deed restriction is placed on the parcel exercising development rights
and all subdivided lots to prohibit additional subdivision unless is
conforms to applicable zoning district requirements.
8. Each lot is capable of accommodating a private well and septic system.
9. The provisions of Section 11-4-2. F of this Chapter are considered and
satisfactorily met.
The applicant is proposing to subdivide 1 lot at the southeast corner of the subject site. The
subdivision application may be processed administratively in accordance with Section 4 of the
Subdivision Ordinance. In that the proposed lot will be required to conform to the minimum
and maximum lot requirements for lots less than 20 acres in area outlined above and located at
a property corner to minimize conflict with use of the balance of the property a concept plan
for utilization of the 1 other subdividable lot is not necessary at this time. The resulting lots
from the administrative subdivision will be required to be deed restricted in accordance with
the density limits of the A-2 District.
Access. The subject site has frontage to 70th Street (CSAH 38) and Odean Avenue. The
Comprehensive Plan designates 70th Street (CSAH 38) as a minor arterial roadway and no new
direct accesses are to be allowed. The proposed lot is to be accessed from Odean Avenue, .
which is a gravel roadway designated as a local street by the Comprehensive Plan. When the
one dwelling unit per 10 acre density allowance for areas outside of the Sewer Service District
was established with the 1998 Comprehensive Plan, the Planning Commission and City Council
discussed that a gravel roadway would be considered to be an "improved" public street for the
purposes of allowing additional subdivision. The street exists by prescriptive easement allowing
the City rights to the maintained portion of the roadway. The applicant will be required to
dedicate a roadway easement over the existing roadway with the administrative subdivision of
the proposed lot.
Setbacks. The table below illustrates the required setbacks applicable to the subject site and
the proposed lot to be subdivided as outlined in Section 11-52-6.0 of the Zoning Ordinance.
There is adequate area within each of the proposed lots resulting from the subdivision to
accommodate a single family dwelling.
Minimum Setbacks
CSAH 38
Odean
Side
Rear
Ave.
65ft.
35 ft.
10 ft.
50 ft.
Easements. Section 10-8-12 of the Subdivision Ordinance requires 10 foot wide drainage and
utility easements at the perimeter of the proposed lot. The required drainage and utility
easements will be required to be shown on the survey to subdivide the lot administratively and
are subject to review and approval by the City Engineer.
Park and Trail Dedication. The subdivision of the subject site to create an additional lot will
require dedication of land or a cash fee in lieu of land for parl< and trail dedication. City staff
recommends that the applicant pay a cash fee in lieu of land for the additional lot created by
the administrative subdivision satisfying park and trail dedication requirements due with this
application.
Utilities. The proposed lots resulting from the subdivision will be served by individual on-site
septic and well utilities. The applicant must identify primary and secondary drain field sites and
septic tank locations with the application for the administrative subdivision. The suitability of
the lots to accommodate on site utilities is subject to review and approval by the City Engineer.
Criteria. Consideration of the requested Zoning Map amendment and conditional use permit
applications is to be based upon, but not limited to, the criteria outlined in Section 11-3-2.F and
Section 11-4-2.F of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the official
City Comprehensive Plan.
Comment: The Comprehensive Plan guides the site for interim rural land uses until
sanitary sewer and water utilities are available. The proposed rezoning will allow for a
subdivision and construction of 3 rural single family dwellings, which is consistent with
the interim land use plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: Surrounding land uses currently consist of primarily agricultural -rural service
area uses and rural single family uses. The surrounding area is also guided for rural land
uses until such time as urban services are available. As such, the proposed subdivision
will be compatible with the existing and planned land uses surrounding the subject site.
The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The proposed subdivision will conform to all requirements of the Zoning
Ordinance, Subdivision Ordinance and Engineering Manual.
4. Traffic generation by the proposed use in relation to the capabilities of streets serving
the property.
4
Comment: The proposed use is not anticipated to generate traffic that will exceed the
capacities of Odeon Avenue and other streets serving the property.
The proposed use can be accommodated by existing public services and facilities and will
not overburden the City's service capacity.
Comment: The proposed subdivision can be accommodated by the City's existing service
capacity.
RECOMMENDATION
City staff recommends approval of the requested Zoning Map amendment and CUP as outlined
below.
POSSIBLE ACTIONS
Decision 1— Zoning Map Amendment
A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1 District
to A-2 District based on a finding that the request is consistent with the Comprehensive
Plan.
B. Motion to deny the application based on a finding that the request is inconsistent with
the Comprehensive Plan.
C. Motion to table.
Decision 2 — Conditional Use Permit and Preliminary/Final Plat
A. Motion to approve a conditional use permit allowing administrative subdivision of a lot
with an area less than 20 acres within the A-2 District, subject to the following
conditions:
1. The application for administrative subdivision shall be submitted and processed
in accordance with Section 4 of the Subdivision Ordinance.
2. The maximum area of the lot proposed to be subdivided shall be 2.5 net acres
with a minimum width of 150 feet and shall comply with all other applicable lot
and setback requirements of the A-2 District.
3. The parcels shall be deed restricted to limit further subdivision in accordance
with the density limits of the A-2 District.
5
4. The applicant shall dedicate a roadway easement for Odean Avenue with the
administrative subdivision, subject to review and approval by the City Engineer.
The proposed lot to be subdivided shall provide drainage and utility easements
as required by Section 21-7-1S of the Subdivision Ordinance subject to review
and approval of the City Engineer.
6. The applicant shall pay a cash fee in lieu of land to satisfy park and trail
dedication requirements applicable to the administrative subdivision application.
The ability of the proposed lot to accommodate on-site septic and well utilities
shall be subject to review and approval by the City Engineer.
B. Motion to deny the application based on a Comment that the request is inconsistent
with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
6
Site Location Map
Overview
Legend
Roads
— CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
— TWPCL
Highways
— Interstate
— State Hwy
— US Hwy
City/Township Limits
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❑t
0 Parcels
MINOR SUBDIVISION -for- ROCK SOLID COMPANIES
�of- xxxx Odean Avenue N.E.
PROPERTY DESCRIPTION Otsego, Minnesota 55330
The Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, EXCEPT all that part of the Northeast Quarter of the Northwest Quarter of Section 33,
Township 121 North, Range 23 West, City of Otsego, Wright County, Minnesota, described as follows:
Beginning at the Northwest corner of the said Northeast Quarter of the Northwest Quarter; thence East along the North line of said Northeast quarter of the Northwest Quarter, a
distance of 200 feet; thence South parallel with the West line of sold Northeast Quarter of the Northwest Quarter, 544.50 feet; thence West parallel with the North line of said
Northeast Quarter of the Northwest Quarter, a distance of 200.00 feet, more or less, to the West line of said Northeast Quarter of the Northwest Quarter; thence North along said
West line, a distance of 544.50 feet, more or less, to the point of beginning;
Also, except Parcel B of Wright County Highway Right of Way Plat No. 29.
Subject to a permanent highway easement described as follows:
That part of the Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, shown as Parcel No. 11 on the plat designated as WRIGHT COUNTY
HIGHWAY RIGHT OF WAY PLAT NO. 72, on file and of record In the office of the Wright County Recorder, Wright County, Minnesota. This permanent highway easement shall be
used for the maintenance and protection of the alignment of County State Aid Highway No. 38 as shown on WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 72.
Old Republic National Title Insurance Company, Commitment No. 1806 -1022 -BF,
Schedule B -I Survey Related Exceptions:
7. All Easements, Including those for utility and drainage purposes, if any, as shown in the public records.
Note: A drainage and utility easement attached as Exhibit A to the Purchase Agreement purportedly exists over the southerly portion of the property
B. Roadways as shown on available maps and plats, including Otsego Township Road Plat Map filed as Document No. 404209. See plat drawing for dimension and location.
9. Highway Easement, and the terms and conditions thereof, filed May 31,1995, as Document No.571721.
10. Resolution No. 96-24 for the Vacation of aortio ofO'Dean p n an Ave. NE, and the terms and conditions thereof, per document filed November 1, 7996 as Document No, 606025.
11. City of Otsego Zoning Subdivislon Request, and the terms and conditions thereof, filed May 11, 1999, as Document No. 677875.
12. Mineral Rights In favor of Agrlbank, FCB, successor in interest to The Federal Land Bank of St. Paul reserved In deed dated August 6, 1941 to Otto S. Beier and Laura M. Beier. Transfer of Mineral
R' It t Des i I d
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A perpetual easement, 66 feet In width for public Right -of -Way purposes over, under and across the Northeast quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright Count Minnesota.
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The centerline of said easement begin described as commencing at the Southwest corner of said Northeast Quarter; thence on an assumed bearing of North 89 degrees 17 minutes 41 seconds East along the south line of said
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Northeast Quarter a distance of 1007.73 feet to the point of beginning of the center line to be described; thence Northeasterly along a non-tangential canrave to the southeast having a radius of 915.00 feet, arc distance of
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a tangential curve concave to the west having a radius of 215.00 feet on an arc distance of 204.19 feet; thence North 0 degrees 45 minutes 32 seconds West a distance of 454.08 feet to a point on the most southerly line of
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Parcel 31 or Wright County Right of -Way plat No. 72 distant 7.24 feet East from the East line of said Northeast and there terminating. Q
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The Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright County, Minnesota Except the three following parcels:
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1. Beginning at the Northwest corner of the said Northeast Quarter of the Northwest Quarter; thence East along the North line of said Northeast Quarter of the Northwest Quarter, a distance of 200 feet; thence South parallel with the
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2. Parcel B of Wright County Highway Right of Way Plat No. 29. 928
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ig s o oto Assoc ates via Quit C aim Mineral Dee filed May 14, 2008, as Document No. 1086183.
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13. Highway Easement in favor of Wright County for Parcel 11 of Wright County Highway Right of Way Plat No.72, per document filed February7, 2018, as Document No. 1363666.
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14. A portion ofthe property contains wetlands, which may be subject to federal, state, or local regulation, and the rights to use or improve these wetlands is excepted herein.
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A perpetual easement, 66 feet In width for public Right -of -Way purposes over, under and across the Northeast quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright Count Minnesota.
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The centerline of said easement begin described as commencing at the Southwest corner of said Northeast Quarter; thence on an assumed bearing of North 89 degrees 17 minutes 41 seconds East along the south line of said
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Northeast Quarter a distance of 1007.73 feet to the point of beginning of the center line to be described; thence Northeasterly along a non-tangential canrave to the southeast having a radius of 915.00 feet, arc distance of
220.75 feet and a chord beating of North 46 degrees 44 minutes 39 seconds East; thence North 53 degrees 39 minutes 20 seconds East, tangent to last described curve 121.46 feet; thence Northeasterly and Northerly along Q
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a tangential curve concave to the west having a radius of 215.00 feet on an arc distance of 204.19 feet; thence North 0 degrees 45 minutes 32 seconds West a distance of 454.08 feet to a point on the most southerly line of
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Parcel 31 or Wright County Right of -Way plat No. 72 distant 7.24 feet East from the East line of said Northeast and there terminating. Q
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PROPOSED PARCEL A DESCRIPTION
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DENOTES STORM SEWER APRON
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The Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright County, Minnesota Except the three following parcels:
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the laws of the State of Minnesota.
1. Beginning at the Northwest corner of the said Northeast Quarter of the Northwest Quarter; thence East along the North line of said Northeast Quarter of the Northwest Quarter, a distance of 200 feet; thence South parallel with the
West Ilne Northeast
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of said Quarter of the Northwest Quarter, 544.50 feet, thence West parallel with the North line of said Northeast Quarter of the Northvrest Quarter, a distance of 200.00 feet, more or less, to the West line of said
Northeast Quarter of the Northwest Quarter, thence North along West line, distance 544,50 feet, less, beginning;
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said a of more or to the point of
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2. Parcel B of Wright County Highway Right of Way Plat No. 29. 928
BENCHMARK
3.That part of the Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright County, Minnesota described as commencing at the Southwesf comer of said Northeast Quarter of Northwest Quarter;
thence on an assumed bearing of North 89 degrees 17 minutes 41 seconds East along the south line of said Northeast Quarter a distance of 564.68 feet to the point of beginning of land to be described; thence North 0 degrees 53
minutes 50 seconds East 247.10 feet; thence North 89 degrees 17 minutes 41 seconds East 371.48 feet; thence South 42 degrees 47 minutes 30 seconds East 219.07 feet to the centerline of Odean Avenue Northeast; thence
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Southwesterly along said centerline to the south line of said Northeast Quarter; thence westerly along said south line to the point of beginning, Except the Southeasterly 33 feet thereof.
JASON E. UD
ss.•
9
PROPOSED PARCEL B DESCRIPTION
Date: August 12, 2019 License No. 41578
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That part of the Northeast Quarter of the Northwest Quarter of Section 33, Township 121, Range 23, Wright County, Minnesota described as commencing at the Southwest corner of said
Northeast Quarter of Northwest Quarter, thence on an assumed bearing of North 89 degrees 17 minutes 41 seconds East along the south line of Bald Northeast Quarter a distance of 564.68
feet to the point of beginning of land to be described; thence North 0 degrees 53 minutes 50 seconds East 247.10 feet; thence North 89 degrees 17 minutes 41 seconds East 371.48 feet;
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thence South 42 degrees 47 minutes 10 seconds East 219.07 feet to the centerline of Odean Avenue Northeast, thence Southwesterly along said centerline to the south line of said Northeast
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Quarter; thence westerly along said south line to the point ofbeginning, Except the Southeasterly 33 feet thereof.
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VICINITY MAP GENERAL NOTES
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F hI i ted I Chd t Loth Ch f Elk
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WRIGHT COUNTY, MINNESOTA
(NO SCALE)
A5ME.
11" Professional Land Surveyors
WWW.egrud.com 6776 Lake Drive NE Suite 110
Lino Lakes, MN 55614
Tel. (651) 361-8200 Fax (651) 361-8701
owners p s ves n s Bran ur o River, a Minnesota Corporation, V
Parcel ID Number: 118-500-332100
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Address of the surveyed premises; %XXX Odeon Avenue N.E., Otsego, Minnesota 55330
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- Parcel A: 33.36 acres y �
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Parcel : 2.50 acres
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Totall: 35.86 acres
Field 5ervey was completed by E.G. Rud and Sons, Inc. on 08/08/2019.
- Bearings shown are on Wright County Coordinate System. (NAD83-1986 Adjustment)
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This survey was prepared based upon Title Commitment File No. 1806 -1022 -BF prepared by
Old Republic National Title Insurance Company, dated lune 1, 2019.
Contours shown are from MNGeo Udar topography and supplemented by field data.
1. Awning endorsement letter was not furnished to the surveyor. A search of the City of Otsego web site Indicates that the
surveyed premises shown on this survey Is currently zoned A-1(Agricultum-Rural Service Area). Under the applicable zoning
regulations, the current setbacks are:
Building:
Front = 65 feet from C.S.A.H. No. 38 Right of Way line.
35 feet form Township Road Right of Way line.
Side = 10 feet
Rear = 50 feet
For additional information contact the Planning and Zoning Department of City of Otsego at (763) 441-4414.
2. The surveyed premises has access to C.S.A.H. No. 38 and Odean Avenue NE, a public street.
3. Location of utilities existing on or serving the surveyed property determined by:
Observed evidence collected pursuant to Section S.E.iv.
Record drawings provided by the City of Otsego's Public Works department.
Excavations were not made during the process of this survey to locate underground utilities and/or structures. The location of
underground utilities and/or structures may vary from locations shown hereon and additional underground utilities and/or
structures may be encountered. Contact Gopher State One Call Notification Center at (651) 454-0002 for verification of utility
type and field location, prior to excavation.
4. Subsurface and environmental conditions were not examined or consideredduring the process of this survey. No statement Is
made concerning the existence of underground or overhead containers or facilities that may affect the use or development of the
surveyed premises.
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LEGEND
*DENOTES
IRON MONUMENT FOUND AS LABELED
I hereby certify that this survey, plan
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DENOTES IRON MONUMENT SET, MARKED RLS* 41578
or report was prepared by me or under
my direct supervision and that I am a
10-
DENOTES WRIGHT COUNTY CAST IRON MONUMENT
duly Registered Land Surveyor under
4
DENOTES STORM SEWER APRON
the laws of the State of Minnesota.
DENOTES STORM SEWER MANHOLE
»
STSEWERDENOTES EXISTING STORM SEWER
BENCHMARK
DENOTES LIDAR CONTOURS
MNDOT 39 ES (NAD83-1996 ADJUSTMENT)
JASON E. UD
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DENOTES EXISTING SPOT ELEVATION
ELEVATION - 950.99 (N.A.V.D.1988)
Date: August 12, 2019 License No. 41578
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DENOTES GRAVEL SURFACE
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DENOTES BUILDING SETBACK LINE
GRAPHIC SCALE
DRAWNEW: cJr JOB KO: 19612PP DATE: 09(1:
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CHECK BY: EGR FIELD CREW: ]R-55
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DENOTES ADJACENT PARCEL OWNER INFORMATION
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(PER WRIGHT COUNTY TAX INFORMATION)
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I INCH = 100FEET
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