HomeMy WebLinkAbout15.D.1. Appeal of Board of Adjustment and Appeals Denial of Variances
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CITY OF SHAKOPEE Q. ) .
Memorandum
CASE NO.: 06-079
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
RE: Appeal of the Board of Adjustment and Appeals Determination on
Variances of Allowable Building Materials and Rear Yard Setback for
Shelter of Shako pee, located at 1523 3rd Avenue West
DATE: September 5, 2006
INTRODUCTION
Rob Schatzle, Shelter of Shakopee, has filed an appeal ofthe Board of Adjustment and Appeals
(BOAA) decision concerning a variance to allow for the construction of a steel sided building
with a 10 foot rear yard setback at his property, which is located at 1523 3rd Avenue West.
The applicant noted in his application that the proposed building would remain consistent with
existing steel structures, and by doing this, it would not draw attention to the proposed building. He
also noted that they are presently looking into additional landscaping in this area in an effort to
enhance the appearance of the property from Highway 69.
Planning staff noted that the back side of the proposed building would be visible from adjacent
properties, and that the front ofthe building would be visible from Highway 69, and that the
applicant could construct the proposed structure with building materials that are consistent with the
current City Code requirements. Those existing buildings at this property that are constructed of
steel would be considered legal non-conforming structures that were constructed prior to the current
code language, which includes text in Sect. 11.60, Subd. 4 A.4. that states "major exterior materials
prohibited include sheet metal, corrugated metal, or unfinished metal (except copper or other metal
specifically engineered for exterior architectural use" (Section 11.60, Subd. 4.A.1-5, attached).
Additionally, Subd. 4A.1. of the same section includes text that states building materials shall be
attractive in appearance, and all new building facades and refaced facades of existing buildings shall
include a minimum ofthree ofthe design elements listed in the City Code (which include accent
materials, window coverage on each front that faces a street, contrasting yet complementary
material colors, a combination of horizontal and vertical design features, and varying wall depths
and shapes).
The Board of Adjustment and Appeals held a public hearing on the variance request for Shelter
of Shakopee at its August 10, 2006 meeting. By a 5-1 vote, the Board denied the Variance
request. The Board determined that the request did not meet all of the criteria required for
granting the variance, and although they thought is request was reasonable (in fact, they
discussed whether the City should include allowing these types of buildings in certain situations),
they noted that there were building materials available for the applicant to utilize that would be
consistent with the City Code regulations. A copy of the August 10,2006 Variance staffreport
to the Board of Adjustment and Appeals, which includes the resolution denying the variance
request, is attached for the Council's reference.
AL TERNATIVES
I. Uphold the determination of the Board of Adjustment and Appeals, and direct staff to
prepare a resolution for the Council's consent agenda that is consistent with that decision.
2. Uphold the appeal ofthe applicant, thereby granting the requested variance, and direct
staff to prepare a resolution for the Council's consent agenda that is consistent with that
decision.
3. Table the appeal for additional information.
ACTION REQUESTED
Offer a motion directing staff to prepare a resolution for action at the next meeting, and move its
adoption.
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Planner II
g: \cc\2006\09-05\appeal schatzlevariance.doc
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-069
TO: Board of Adjustment and Appeals
FROM: Mark Noblet Planner II
SUBJECT: Variance to Allow the Construction of a Steel Sided Buildingt with a
Reduced Rear Yard Setback, in the Highway Business (B-1) Zone
MEETING DATE: August lOt 2006
REVIEW PERIOD: June 23,2006 - October 20t 2006
Site Information
Applicant: Rob Schatzle
Property Owner: Shelter of ShakopeefRob Schatzle
Location: 1523 3rd Avenue West
Current Zoning: Highway Business (B-1) Zone
Adjacent Zoning: North: Highway Business (B-1) Zone
South: Highway Business (B-1) Zone
West: Highway Business (B-1) Zone
East: Light fu.dustry (1-1) Zone /Highway Business (B-1) ZonelMultiple-
Family Residential (R-3) Zone
Compo Plan: Commercial
Acreage: 1.4 Acres
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A: Location/Zoning Map
Exhibit B: Site Plans/Elevations
INTRODUCTION
Shelter of Shakopee/Rob Schatzle has submitted an application for a Variance to allow for the
construction of a steel sided building with areduced rear yard setback at his property, which is
located at 1523 3rd Avenue West (Exhibit A). The applicant has stated that this building will be
consistent with existing storage buildings and surrounding steel structures, and that they will not
adversely affect area property values or change the appearance ofthe property. The applicant has
submitted plans that illustrate and describe the proposed building's materials and design (Exhibit B).
Planning staff noted that the front elevation ofthe proposed building would be quite visible from the
adjacent Highway 69. If there are other buildings in the vicinity that are constructed of steelt it would
be that those buildings are legal non-conforming structures that were constructed prior to the current
code language, which includes text in Sect. 11.60, Subd. 4 A.4. that states "major exterior materials
prohibited include sheet metal, corrugated metal, or unfinished metal (except copper or other metal
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specifically engineered for exterior architectural use" (Section 11.60, Subd. 4.A.1-5, attached).
Additionally, Subd. 4A.1. of the same section includes text that states building materials shall be
attractive in appearance, and all new building facades and refaced facades of existing buildings shall
include a minimum of three ofthe design elements listed in the City Code (which include accent
materials, window coverage on each front that faces a street, contrasting yet complementary material
colors, a combination of horizontal and vertical design features, and varying wall depths and shapes).
Regarding the rear yard setback, the proposed structure would have a 10 foot rear yard setback,
where 30 feet is the minimum requirement. The applicant has commented that railroad tracks run
adjacent to the rear yard, with a non-conforming trailer park and an industrial type use located on the
other sides of the tracks, which he believes will not be negatively impacted by this proposed
structure.
Planning staff also notes that the applicant received approval of a Conditional Use Permit on May 19,
2005 to allow multiple structures on a lot, with the approved resolution recognizing 13 conditions
(see attached Resolution No. PC05-047).
Staff received comments from Shakopee Public Utilities Commission and Scott County
Environmental Health, both noting conditions that shall be me, provided the request(s) are approved
(see attached memorandums).
FINDINGS:
Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all
of the following circumstances are found to exist. Staff has provided draft findings for purposes of
discussion by the Board. The Board may use or modify these draft findings as it sees fit, as well as
propose other findings.
Criterion I:
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means
the following:
1.A. The property in question cannot be put to a reasonable use if used under conditions
aHowed by the official controls;
Finding I.A. The property can continue to be utilized as a commercial development, with a new
building capable of being constructed of materials that would comply with the regulations as stated
in the City Code, as well as comply with the required setbacks.
1.B. The plight of the landowner is due to circumstances unique to the property;
Finding 1.B. The plight of the applicant/landowner is not due to circumstances unique to the
property. The circumstances are based on his desire for utilizing building materials that are not
consistent with the current City Code regulations, as well as constructing the building closer to the
property line than allowed. In both cases, compliance with the regulations can occur; it's just not
the preference of the applicant.
I.e. The circumstances were not created by the landowner;
Finding l.e. The circumstances were created by the applicant/landowner as a result of his desire
for a building that does not meet the design andpeiformance standards of the City Code.
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l.D. The variance, if granted, will not alter the essential character of the locality; and
Finding I.D. The variance would alter the essential character of the locality.
I.E. The problems extend beyond economic considerations. Economic considerations do not
constitute an undue hardship if reasonable use for the property exists under the terms of the
ordinance.
Finding I.E. The problems do not extend beyond economic considerations.
Criterion 2:
It has been demonstrated that a variance as requested will be in keeping with the spirit and
intent of this Chapter.
Finding 2.
The proposed variance would not be in keeping with the spirit and intent of Chapter 11 (Zoning) in
that it would allow additional signage beyond what is allowed by City Code.
Criterion 3:
The request is not for a use variance.
Finding 3.
The request is not a use variance.
Criterion 4:
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to
protect the adjacent properties.
Finding 4.
(Dependent on the Board's action on the request.)
Criterion 5:
Variances in the flood plain overlay zone also shall meet the following criteria:
Finding 5.
(Not applicable since the property is not within the flood plain overlay zone)
ALTERNATIVES:
1. Approve Resolution No. PC06-069, a resolution denying the variance request to allow a steel
sided building and a ten (10) foot rear yard setback, and move its adoption.
2. Approve the variance request to allow a steel sided building and a ten (10) foot rear yard
setback, and direct staff to prepare a resolution with findings as proposed by the Board, and
move its adoption.
3. Approve the variance request to allow a steel sided building and deny a ten (10) foot rear yard
setback, and direct staff to prepare a resolution with findings as proposed by the Board, and
move its adoption.
4. Approve the variance request to deny a steel sided building and allow a ten (10) foot rear yard
setback, and direct staff to prepare a resolution with findings as proposed by the Board, and
move its adoption.
5. Continue the public hearing to a future date.
6. The Board may table the request for additional information.
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RECOMMENDATIONS
Staffrecornmends Alternative No.1, approval of Res. No. PC06-069, as presented.
ACTION REQUESTED
Offer a motion approving Resolution No. PC06-069, a resolution denying the variance request to
allow a steel sided building and a ten (10) foot rear yard setback, and move its adoption.
.~L
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Mark Nobl .'
Planner II
g:\boaa-pc\2006\OS-1 O\varschatzle06069 .doc
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RESOLUTION NO. PC06-069
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A VARIANCE
REQUEST BY ROB SCHATZLE TO ALLOW THE CONSTRUCTION OF A STEEL SIDED
BUILDING AND A TEN (10) FOOT REAR YARD SETBACK AT 1523 3RD A VENUE WEST.
WHEREAS, Rob Schatzle, applicant and Shelter of Shakopee, property owner, has filed an
application dated June 22,2006 for a Variance to allow the construction of a steel sided building,
with a ten (10) foot rear yard setback, under the provisions of Chapter 11 (Zoning) ofthe Shakopee
City Code; and
WHEREAS, this parcel is presently zoned Highway Business (B-1) Zone; and
WHEREAS, the property upon which the request is being made is legally described as:
See Exhibit I,' and
WHEREAS, notice was provided and on August 10, 2006, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the Community
Development Director and invited members of the public to comment.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND
APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the application for Variance is hereby DENIED, based on the following findings with respect to
City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances."
Criterion I
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means the
following:
1.A. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls:
Finding 1.A. The property can continue to be utilized as a commercial development, with a new
building capable of being constructed of materials that would comply with the regulations as stated
in the City Code, as well as comply with the required setbacks.
5
I.B. The plight of the landowner is due to circumstances unique to the property;
FiTtding 1.B. The plight of the applicantllandowner is not due to circumstances unique to the
property. The circumstances are based on his desire for utilizing building materials that are not
consistent with the current City Code regulations, as well as constructing the building closer to the
property line than allowed. In both cases, compliance with the regulations can occur; it 's just not
the preference of the applicant.
I.C. The circumstances were not created by the landowner;
Finding 1.c. The circumstances were created by the applicantllandowner as a result of his desire
for a building that does not meet the design and performance standards of the City Code.
I.D. The variance, if granted, will not alter the essential character of the locality; and
Finding J.D. The variance would not alter the essential character of the locality.
I.E. The problems extend beyond economic considerations. Economic considerations do not
constitute an undue hardship if reasonable use for the property exists under the terms of the
ordinance.
FiTtding l.E. The problems do not extend beyond economic considerations.
Criterion 2
It has been demonstrated that a variance as requested will be in keeping with the spirit and intent
of this Chapter.
Finding 2 The proposed variance would not be in keeping with the spirit and intent of Chapter 11
(Zoning) in that it would allow additional signage beyond what is allowed by City Code.
Criterion 3
The request is not for a use variance.
Finding 3 The request is not a use variance.
Criterion 4
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to
protect the adjacent properties.
Finding 4 (Dependent on the Board's action on the request.)
Criterion 5
Variances in the flood plain overlay zone also shall meet the following criteria: ......
Finding 5 (Not applicable since the property is not within the flood plain overlay zone)
Adopted by the Board of Adjustment and Appeals of the City of Shako pee, Minnesota, this
10th day of August, 2006.
Chair of the Board of Adjustment and Appeals
ATTEST:
Community Development Director
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A triangular piece ofland lying within the limits of the City of Shakopee, County, of Scott, State
of Minnesota; commencing at a point on the South line of the Chicago, St. Paul, Minneapolis and
Omaha Railroad 2.29 chains West of the East line of Madison Street ofKoeper's Addition to
Shakopee, according to the plat thereof; thence running Westerly along the Sou,th line of the bed
of said railroad, 11.16 chains to a poi1+t where the Shakopee road crosses said tracks of railroad
above mentioned; thence Easterly along the North line of said Shakopee Road a distance of 11.74
chains; thence Northerly and parallel with the East line of Madison Street 3.65 chains to the place
of beginning.
.bXCb.l:'TlN G t.l:ib.1:<bl' KOM approxnnately-r:-ztr acres taken by the highway condemnation. All
of the above being in Section TWO (2), Township One Hundred Fifteen (115), Range Twentyw
three (23).
,AND
That part of Outlot D, Hussman Addition, Scott County, Minnesota, lying northeasterly of the
following described line: Beginning at a.point on the southeasterly line of said Outlot D, distant
342.62 feet southwesterly of the most easterly comer of said Outlot D; thence northwesterly to a
point on the northerly line of said Outlot D, distant 391.92 feet westerly of said most easterly
comer and there terminating, according to the plat thereof on file and of record in the Office of
the Re~ter of Deeds in and for said county and state.
, '
SCOTT COUNTY
COMMUNITY DEVELOPMENT DIVISION
ENVIRONMENTAL HEALTH DEPARTMENT
200 FOURTH AVENUE WEST
SHAKOPEE, MN 55379-1220
MEMORANDUM
TO: Mark Noble, Project Manager
FROM: Steve L. Steuber, Environmentalist II
DATE: July 24, 2006
SUBJECT: Variance to allowable building materials and setbacks.
PID# 27-902028-0 & 27-015016-1
I I
Ifthere are floor drains in the building, they need to conform to Class V Injection Well standards
that mean the water from the floor drains needs to go to holding tanks and not day lighted or to
the Individual Sewage Treatment System (ISTS). The ISTS needs to meet State and County
rules and ordinances concerning the ability of the ISTS to treat the potential amount of sewage
per the number of employees in the building. So this Department is recommending that a
._.._ ,._., .comp1ianc_e..inspe_cti.oJ:Lb.~...d9ne_.a1l ISIS$Joc_~J~d on these narcels befgfe a b1!!1..d4!gJ?~rmjt1L-..__... __ ___. ,....
issued. And finally, it is recommended, that in the future this property be connected to city sewer
when it becomes available.
The area in which this development is proposed is highly susceptible to ground water
contamination. Therefore, precautions should be taken to minimize the potential for ground
water contamination. Methods for storm water retention ponds should be designed to provide
treatment for storm water according to the Scott County Comprehensive Water Resource
Management Plan. Wet ponds located in areas identified as being highly susceptible to ground
water contamination (except ground water discharge areas) shall be designed so that the pond
bottom shall be at least three feet above the seasonal high ground water elevation and bedrock
and be lined with two (2) feet of soil having a permeability less than five minutes per inch.
Infiltration practices for control of stormwater runoff volume shall be capable of infiltrating one-
half(1/2) inch of runoff from all new impervious surfaces within the development within seventy-
two (72) hours.
JUL-28-2006 14:37 SHp. ~oEE PUBLI C UTI L I TI ES 9524457767 P.03
SHAKOPEE PUBLIC UTILITIES COMMISSION
, 1
"Lighting the Way. Yesterday, Today and Beyond"
MEMORANDUM
TO: Shakopee Community Development Department
FROM: Joseph D. Adams, Planning and Engineering Director
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Variance to allowable building materials and setbacks
CASE NO: 06069
DATE: 7/28/06
COMMENTS:
Municipal water service is not available at this time.
Underground electric service is available subject to our standard terms and conditions.
These include, but are not limited to: entering into an Underground Distribution
Agreement, granting any necessary easements, and paying the associated fees.
Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
r WlMj
Post Office Box 470 . 255 Sarazin Street + Shakopee. Minnesota 55379-0470
(952) 445-1988. Fax (952) 445-7767
www.shako~eeuti1ities.com
Shakopee ~ Location Maps Page 1 ofl
E}cMl~\"r ~ ~
~ N _ Subject Property
w~fs.
SHAKOPEE . -s::"E ......... Shakopee SOL/Mary
-[:y c=J Zoning Boundary
COMMUNCTYPRlaeSlNC:1l1857 S
c=J Parcel Boundary
Variance for decreased setbacks
and for Building Materials to
include steel siding
RESOLUTION NO. PC05~047
A RESOLUTIO~ OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW MULTIPLE STRUCTURES ON A LOT IN
THE mGHW AY BUSINESS (B-1) ZONE
WHEREAS, Rob Schatzle, applicant, and Hentges Development, LLC, property O\vner,
have filed an application dated April 7, 2005 for a Conditional Use Permit to allow multiple
structures on one lot under the provisions of Chapter 11 (Zoning) of the Shakopee City Code,
Section 11.36 (Highway Business Zone), Subd. 3. (Conditional Uses); and
WHEREAS, this property is presently zoned Highway Business (B-1) Zone; and ,
WHEREAS, the property upon which the request is being made is legally described as:
See Exhibit 1 (attached), and
WHEREAS, notice was provided and on May 19, 2005, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the
Community Development Director or his representative and invited members of the public to
comment.
NOW THEREFORE, BE IT RESOL YED BY THE BOARD OF ADJUSTMENT
AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the application for Conditional Use Permit No. PCOS-047 is hereby GRANTED, with the
following conditions:
1. Shall be on a lot that meets all design. standards and public improvement requirements
prescribed by Chapter 12.
2. Shall be designed and placed to facilitate ingress, egress, and overall circulation, both
for the development as a whole and for the individual buildings and structures with
the development.
3. Shall consist of structures that are owned, maintained, and operated under unified
control in accordance with a plan which contains provi~ions providing for the
enforcement thereof.
4. All new signs require a sign permit from the City, and shall comply with City Code
regulations;
5. Comply with all design. and performance standards of the B-1 Zone and the City
Code, including but not limited to: a) paving the parking spaces and drive aisles; b)
providing fully enclosed trash enclosures; c) utilizing building materials consistent
with Section 11.60, Subd. 4; and d) installing screening/landscaping consistent with
Section 11.60, Subd. 7 & 8.
6. The building permit applicant shall be responsible for payment of all Trunk Storm
charges and other fees as required by the City's adopted fee schedule.
7. The applicant shall obtain the necessary grading permits, building permits, and right-
of-waypennits prior to any land disturbing activity.
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8. The applicant shall obtain an NPDBS permit prior to any land disturbing activity. A
copy oftms permit shall be provided to the City.
9. The applicant shall dedicate 10 feet of drainage and utility easement along the interior
of the property.
10. The building permit applicant shall be responsible to provide a storm sewer system
adhering to discharge criteria as set forth by the City of Shakopee's engineering
department.
11. The additional impervious surface percentage shall not exceed the requirements set
forth by the City Code.
12. The approval of the CUP does not constitute approval of the submitted drawings.
13. Approval of the CUP is contingent on compliance with the Fire Inspector's issues,
which include but are not limited to the following:
i. Detennination of the occupancy classification of buildings (Group S or Group
U).
ii. Detemrlnation of the building construction type.
iii. Building height and area limitations are based on property size and other
existing buildings.
iv. Compliance with the requirements ofMN Chapter 1306 of the MN State
Building Code (Shakopee has adopted tbis code).
v. Status of availability of a public water supply.
vi. Is the site provided with a security fence and power operated entrance/exit
gate(s).
vii. Are the buildings single or multi.story?
. ., .
Adopted by the Board of Adjustnlent and Appeals of the City of Shakopee, "Mimi.esota,
this 19~ day of May. 2005. 0
~.
Charr offue Bo~ of Adjusbnent and Appews
ATTEST: ~~~~
Community Development Director
~)C1-l \~ \ -r B
DESCRIPTION OF RECORD
A triangular piece of land lying within the limits of the City of Shakopee,
County of Scott, State of Minnesota; commencing at a point on the
~cF- South line of the Chicago, St. Paul, Minneapolis and Omaha Railroad
EXHIBIT 2.29 chains West of the East line of Madison Street of Koeper's Addition
-
~Uc.->$O to Shakopee, according to the plat thereof; thence running Westerly along
the South line of the bed. of said railroad, 11.16 chains to a point
where the Shakopee road crosses said tracks of railroad above
mentioned; thence Easterly along the North line of said Shakopee Road a
distance of 11.74 chains; thence Northerly and parallel with the East line
", of Madison Street 3.65 chains to the place of beginning.
", Containing 2.69 acres, more or less, EXCEPTING THEREFROM
approximately 1.41 acres taken by the highway condemnation. All the
above being in Section TWO (2), Township One Hundred Fifteen (115),
Range Twenty-three (23). Deed doted July 18, 1973, and recorded July
18, 1973, in the office of the Scott County Register of Deeds as
Document No. 137075.
AND
That part of Outlot D, Hussman Addition, Scott County, Minnesota, lying
northeasterly of the following described line: Beginning at a point on the
southeasterly line of said Outlot D, distant .342.62 feet southwesterly of
I the most easterly corner of said Outlot D; thence northwesterly to a
point on the northerly line of s.aid Outlot D, distant 391.92 feet westerly
BENCHMARK: 754.95 of said most easterly corner and there terminating, according to the plat
SPIKE IN UTILITY POLE thereof on file and of record in the Office of the Register of Deeds in
and for said county and state.
D~ 0 100 200 300 400
Q' ~ I I
~ SCALE IN FEET
LEGEND
0 3/4" IRON PIPE MONUMENT SET I hereby certify that this survey was
MARKED BY REG. NO. 19789 prepared by me or under my dire.ct
. MONUMENT FOUND supervision and that I am a duly
licensed land surveyor under the laws
/ 0 WOOD HUB SET of the State of Minnesota.
SITE ADDRESS: A CONTROL POINT
1523 W. 3RD AVE. 0 UTILITY POLE
\ SHAKOPEE, MN 55379 *
~ \ CONIFEROUS TREE
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",', ,,,\' OWNER: .-x- FENCE. LINE
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\ \ ,_I SIWEK LUMBER
I..' I 350 VALLEY VIEW DRIVE - --=- - INDEX CONTOURS
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SETBACKS: JORDAN, MN. 55352 BUILDING CERTIFICATE
30 FOOT FRONT (952) 492-6666 PART OF THE SOUTHEAST QUARTER OF
CITY OF SHAKOPEE, MINNESOTA SECTION 2-T115N-R23W, AND PART OF
20 FOOT SIDE ~ SOL TON & MENK. INC. OUTLOT D HUSSMAN ADDITION,
/ 30 FOOT REAR PROPOSED BUILDING: SCOTT COUNTY
FINISHED FLOOR = 754.0 Consulting Engineers & Surveyors
6546 SQUARE FEET 1960 PREMIER DRIVE, MAN KATO , MN 56001 (507) 625-4171 FOR: SIWEK LUMBER
MAN KATO , MN FAfRMONT, MN SLEEPY EYE, MN WILLMAR, MN
@Bolton & Menk, Inc. 2006. All Rights Reserved BURNSVILLE MN CHASKA MN AMES fA
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