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11-15-22 Planning Comm Agenda Packet CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, OCTOBER 4, 2022 7:00 P.M. DRAFT MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Riedel, Huskins and Holker; Planning Technician Carlson; and, Council Liaison Gorham Absent: None 1. APPROVAL OF AGENDA Riedel moved, Huskins seconded, approving the agenda for October 4, 2022, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES  September 20, 2022 Eggenberger moved, Holker seconded, approving the Planning Commission Meeting Minutes of September 20, 2022, as presented. Motion passed 5/0. 3. MATTERS FROM THE FLOOR There were no comments. 4. PUBLIC HEARINGS - NONE Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR COLLOCATION OF ANTENNAS ON EXISTING TOWER Applicant: SMJ International, LLC Location: 24283 Smithtown Road Request for continuance to November 1, 2022 Planning Technician Carlson stated that this application is from T-Mobile and explained that Planning Director Darling had asked the Commission to continue the public hearing to November 1, 2022 because some revisions to the application were necessary. He clarified that the staff presentation will take place at the November 1, 2022 meeting. CITY OF SHOREWOOD PLANNING COMMISSION MEETING OCTOBER 4, 2022 Page 2 of 5 Chair Maddy opened the Public Hearing at 7:04 P.M. Being there was no public comment, he closed the Public Hearing at 7:04 P.M. Riedel moved, Huskins seconded, to Continue the Public Hearing for the Conditional Use Permit for Collocation of Antennas on Existing Tower for SMJ International, LLC located at 24283 Smithtown Road to the November 1, 2022 Planning Commission meeting. Motion passed 5/0. 5. NEW BUSINESS A. Variance for Grading in the Shore Impact Zone Applicant: Karen Kinzie Location: 27190 Edgewood Planning Technician Carlson gave an overview of the variance application to allow for grading in the shore impact zone. He gave an overview of what a shore impact zone is and explained that for this property, it is 25 feet from the ordinary high-water level of the lake. He noted that the existing home was built by the previous property owner in 1986 and shortly after it was built, City staff started receiving complaints that they were filling the shore impact area and within the floodplain and were creating berms and raising grades on the site. He explained that by the time City staff discovered the violations, the grading was extensive and the City Council, in 1987, approved a variance to allow for the fill to remain on the property. He stated that the current applicant is proposing to grade within 20 feet or closer to the original high-water line and are proposing to regrade and remove the berms that would allow for water to flow away from the home in a more natural way. He stated that this situation is unique because the berms were constructed by the previous property owner. Staff has requested that the applicant revise their plans to be consistent with their narrative and also for revised plans based on elevations that show all topographical changes, placement, and type of erosion control as well as dimensions between the locations of the proposed activity and the shore impact zone, the original high-water line, and the floodplain. He noted that the applicant has submitted a revision, however it was too close to the meeting, so a full staff review of the information was not possible. He noted that this full staff review would be done prior to the City Council meeting. Staff recommends approval subject to the conditions listed in the staff report. Commissioner Riedel stated that from the applicant’s narrative, correcting drainage sounds reasonable but creation of a more level lawn did not necessarily sound reasonable. He stated that the drainage problems were not really discussed in the narrative nor were they very apparent from looking at the topographical maps. He asked if staff or the City Engineer had weighed in on the drainage problems. Planning Technician Carlson reviewed the aerial photos and explained that drainage issues that have been reported by the applicant. Commissioner Riedel stated that in 1986 is appears as though there was a code infringement, an after the fact complaint, and then an after the fact variance granted. He stated that he understands that it was a previous owner and asked if staff had any other information on that situation. Planning Technician Carlson explained that Planning Director Darling handled much of the research on this application but can find this information prior to the Council meeting. CITY OF SHOREWOOD PLANNING COMMISSION MEETING OCTOBER 4, 2022 Page 3 of 5 Commissioner Holker stated that she is trying to figure out if the proposed changes get it back to what would be considered within Code. She asked if this plan had been done initially, in 1986, if there would have been a need for a variance. Commissioner Huskins stated that he believed that it would, at least for the setback, because it is only 20 feet rather than the 25 feet that it should be. Commissioner Holker asked if this proposal would improve the situation near the lake, even if it was not within Code. Planning Technician Carlson stated that he would say because an artificial obstruction was created in 1986, that the recent proposal would improve the situation. Commissioner Riedel stated that he did not think that was at all the situation in this case and comes down to you were not allowed to do grading in 1986 without a permit and you are not allowed to do grading in 2022 without a permit. He stated that it is the activity and not the fact that something is in or out of Code. Commissioner Holker stated that makes perfect sense to her, but with the staff recommendation to allow this variance request, she would like to have an understanding of whether things would be in better shape after the work is done. Planning Technician Carlson stated that the recent proposal would improve the drainage. Commissioner Huskins stated that staff’s recommendation stated that this represents the minimum required to alleviate the issue but it sounds like it may be more work than what is actually necessary. He stated that his question would be what if the only thing that was done was removal of the berms. Planning Technician Carlson stated that once the staff examines the revised survey, in the narrative they will be able to see the contour lines more accurately. Chair Maddy stated that he thinks the Commission can generally conclude, with the recent proposal, that the slope towards the lake will be reduced which will slow down the run-off. Commissioner Huskins stated that he does not know that to be true. Planning Technician Carlson stated that, in his opinion, the run-off would be slowed down with the proposed regrading. Kevin Kinzie, 27190 Edgewood Road, stated that if the berms had not been created by the previous owner, he would not be here before the Commission. He explained that the only thing they are trying to accomplish is to get natural drainage and noted that their neighbors have said the same thing. He stated that they are just trying to get water to drain away from the house. He reviewed photos of the area and explained where the drainage problems have been located and reiterated that he was just trying to go back to what nature had in place prior to the work by the previous owners. Chair Maddy asked that the photos just reviewed by Mr. Kinzie be added to the record because they show, much more clearly, the situation related to the application. CITY OF SHOREWOOD PLANNING COMMISSION MEETING OCTOBER 4, 2022 Page 4 of 5 Mr. Kinzie explained that if this work is not allowed by the City it will not be the end of the world, but they are just trying to find a solution that works better for them as well as the City. Commissioner Riedel confirmed with Mr. Kinzie that the fill would be removed from the property. Commissioner Huskins asked if he had read the information correctly that Mr. Kinzie was planning to do some grading near his home on the east and south side. Mr. Kinzie explained that they had been approved for a building permit to do external work on the home. He stated that there will not be grading, but they will be re-sodding that area. Commissioner Eggenberger asked if Mr. Kinzie had looked at all of the recommendations from staff. Mr. Kinzie stated that he has seen all of them and believes his landscaper has also seen them and was fine with them all. Commissioner Riedel asked if Mr. Kinzie was planning to complete this work before frost. Mr. Kinzie explained that it would depend on the City but is hopeful that they will be able to lay sod this year. Chair Maddy asked if there was anyone present who would like to speak to this application. There being no comment, Chair closed the public input portion of the meeting at 7:25 p.m. Commissioner Riedel stated that he has been reassured by the statements made by the applicant and feels this request seems imminently reasonable. He stated that from a Planning Commission perspective, he does not like the sequence of events of there being a wrong, a variance being granted, and then another variance granted to correct the wrong. Commissioner Eggenberger stated that he does not see anything wrong with recommending approval of this request, subject to the staff recommendations. He stated that there are no neighbors present that are in opposition to this request and staff is also recommending approval. Commissioner Huskins stated that he agrees but is concerned that the Commission does not know what the City Council will ultimately see since the recently submitted information was not received in time for full review. He stated that he cannot give a strong ‘yes’ unless there is a statement within the conditions that says that there will be information that the Council sees that the Commission had not. Commissioner Riedel clarified that he was referring to the proper engineering and grading plans. Commissioner Holker stated that based on what the Commission has seen thus far, she would approve what is being presented. Chair Maddy suggested that they could add some language to the motion that as long as there are not any large differences from what has been presented. Commissioner Huskins asked if the Planning Commission could request that it come back to them if it should turn out that there is something more. Chair Maddy noted that the Council can choose to send it back to the Commission. CITY OF SHOREWOOD PLANNING COMMISSION MEETING OCTOBER 4, 2022 Page 5 of 5 Commissioner Eggenberger noted that the Council has the ultimate decision either way and they will have the updated information by their meeting. Eggenberger moved, Riedel seconded, to recommend approval of the variance request to grade in the shore impact zone for property located at 27190 Edgewood Road, assuming that there will be no material differences in what was presented to the Commission, and subject to the conditions as listed in the staff report. Motion passed 5/0. 6. OTHER BUSINESS 7. REPORTS • Council Meeting Report Council Liaison Gorham reported on matters considered and actions taken during the Council’s recent meetings. • Draft Next Meeting Agenda Planning Technician Carlson gave an overview of the draft meeting agenda to revisit the CUP for collocation of antennas on the existing tower at 24283 Smithtown Road. He noted that the City has received a lot of incomplete applications, so he was not sure how many would be completed by the next meeting. Council Liaison Gorham asked if the Commission had set their work plan goals for 2023 yet. Chair Maddy stated that they had not and noted that it usually happens over the winter months. The Commission briefly discussed some items to include in their work plan for 2023, including: code clean up; signage; and fencing. Chair Maddy suggested that if the Commission thinks of other items to include on the work plan to let Planning Director Darling know. Commissioner Riedel noted that he is thinking of retiring when his term ends and explained that he will let Planning Director Darling know so she is aware of the possibility that he may be leaving. He gave a suggestion for a change in how the Planning Commissioners give their update to the City Council that he felt would be a bit more efficient. Council Liaison Gorham stated that he will bring this idea up to the Council and City staff. 8. ADJOURNMENT Riedel moved, Huskins seconded, adjourning the Planning Commission Meeting of October 4, 2022, at 7:45 P.M. Motion passed 5/0. PROJECT SUMMARY SURVEYOR'S NOTES FIELD SURVEY DATE: 02/19/20191. THERE IS ACCESS TO THE SUBJECT PROPERTY VIA AN ACCESS EASEMENT - AS SURVEYED TO SMITHTOWN ROAD, A PUBLIC RIGHT OF WAY. SITE ADDRESS: 24283 SMITHTOWN RD, EXCELSIOR, MN 55331-8874 2. THE LOCATIONS OF ALL UTILITIES SHOWN ON THE SURVEY ARE FROM VISIBLE SURFACE EVIDENCE ONLY. PARCEL INFORMATION 3. AT THE TIME OF THIS SURVEY THERE WAS NO OBSERVABLE SURFACE OWNER: FISH & SON PROPERTIES LLC EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR OWNER ADDRESS:70 FLORENCE DR, TONKA BAY, MN 55331 APN: 3311723140005BUILDING ADDITIONS WITHIN RECENT MONTHS. INSTRUMENT NO.: T05450322 4. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE OF THE SUBJECT PROPERTY BEING USED AS A SOLID WASTE DUMP, SUMP OR TOTAL AREAS: ATC TOWER SERVICES, INC. SANITARY LANDFILL. SITE LOCATION 5. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE OF 3500 REGENCY PARKWAY ANY RECENT CHANGES IN STREET RIGHT-OF-WAY LINES EITHER SUITE 100 COMPLETED OR PROPOSED, AND AVAILABLE FROM THE CONTROLLING CARY, NC 27518 JURISDICTION. GEOGRAPHIC COORDINATES OF TOWER: 6. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE OF PHONE: (919) 468-0112 ANY RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS. FAX: (919) 466-5415 VERTICAL. DATUM: NAVD 1988 HORIZONTAL DATUM: NAD83 7.THIS SURVEY WAS PREPARED TO SHOW THE INTERESTS OF AMERICAN GROUND ELEVATION: 978.9 TOWER CORPORATION AND IMPROVEMENTS PROXIMAL TO SAID INTERESTS. IT DOES NOT CONSTITUTE AN AS-BUILT SURVEY OF THE THESE DRAWINGS AND/OR THE ACCOMPANYING COORDINATES ARE BASED ON MINNESOTA STATE PLANE COORDINATES, SOUTH ENTIRE PARENT PARCEL.SPECIFICATION AS INSTRUMENTS OR SERVICE ARE THE ZONE, HENNEPIN COUNTY PROJECTION; BEARINGS ARE BASED ON MINNESOTA STATE PLANE COORDINATES, SOUTH ZONE, HENNEPIN COUNTY PROJECTION. EXCLUSIVE PROPERTY OF AMERICAN TOWER. THEIR USE AND 8.ALL BEARING AND DISTANCE CALLS ARE MEASURED UNLESS OTHERWISE PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE NOTED. FLOODPLAIN: FOR WHICH THEY ARE PREPARED. ANY USE OR DISCLOSURE 9.UNLESS OTHERWISE SPECIFIED, UTILITY POLES DID NOT IDENTIFY PER THE FEMA FLOODPLAIN MAPS, THE SITE IS LOCATED IN AN AREA DESIGNATED OTHER THAN THAT WHICH RELATES TO AMERICAN TOWER OR OWNERSHIP. AS ZONE X. THE SPECIFIED CARRIER IS STRICTLY PROHIBITED. TITLE TO T 10. AT THE TIME OF THIS SURVEY THERE WAS SIGNIFICANT SNOW COVER. COMMUNITY PANEL NO. : 27053C0314FDATED: 11/04/2016 THESE DOCUMENTS SHALL REMAIN THE PROPERTY OF THERE MAY BE IMPROVEMENTS THAT EXIST BUT ARE NOT SHOWN ON AMERICAN TOWER WHETHER OR NOT THE PROJECT IS BOUNDARY NOTE SURVEY DUE TO THE SNOW COVER. EXECUTED. NEITHER THE ARCHITECT NOR THE ENGINEER WILL THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY OF THE PARENT BE PROVIDING ON-SITE CONSTRUCTION REVIEW OF THIS TRACT. ANY PARENT TRACT PROPERTY LINES SHOWN HEREON ARE FROM PROJECT. CONTRACTOR(S) MUST VERIFY ALL DIMENSIONS AND SUPPLIED INFORMATION AND ARE NOT FIELD VERIFIED. ADVISE AMERICAN TOWER OF ANY DISCREPANCIES. ANY ZONING INFORMATION PRIOR ISSUANCE OF THIS DRAWING IS SUPERSEDED BY THE ENCROACHMENT STATEMENT LATEST VERSION ON FILE WITH AMERICAN TOWER. AT THE TIME OF THE SURVEY THERE WERE VISIBLE ENCROACHMENTS AS FOLLOWS: A. THE FENCE ALONG THE WESTERLY ENCROACHES BEYOND THE PARENT PARCEL ZONING INFORMATION NOT PROVIDED AT TIME OF SURVEY. VICINITY MAPPARENT PARCEL COMPOUND DETAIL REV.DESCRIPTIONBYDATE B. THE ACCESS EASEMENT AS PROVIDED GOES THROUGH A CURB ISLAND WHICH 123 WOULD BE REMEDIED BY THE AS-SURVEYED ACCESS EASEMENT SHOWN HEREON.NTS PRELIMBCO02/20/19 0 001000'2000' 020'40' REVISIONSDMS03/15/19 1 LEGAL DESCRIPTION FINALBCO05/14/19 2 PARENT PARCEL - AS PROVIDED: (per Coral Report) SCALE: 1"=1000' (11X17) SCALE: 1"=20' (11X17) That part of Lot 27, Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, described as beginning at the Southeast corner of Block 1, SENN 1"=500' (22X34) ADDITION; thence along the Easterly extension of the Southerly line of said Block 1 a distance of 85 feet; thence Northerly parallel with the East line of said Block 1 to the Northerly 1"=10' (22X34) ATC SITE NUMBER: line of said Lot 27; thence Westerly along said Northerly line to the East line of said Block 1; thence Southerly along said East line to the point of beginning. Contains 18,664+/- SQ. FT. or 0.43+/- Acres. 81418 ATC LEASE AREA - AS PROVIDED & AS SURVEYED: (Per Memorandum of Amendment No. 2 to Option-Lease Agreement Inst. No. 3597900) The southerly 85.00 feet of the following described property (said 85.00 feet being measured along the east and west lines of the following described property): That part of Lot 27, ATC SITE NAME: Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, described as beginning at the Southeast corner of Block 1, Senn Addition; thence along the Easterly extension of the Southerly line of said Block 1 a distance of 85 feet; thence Northerly parallel with the East line of said Block 1 to the Northerly line of said Lot 27; thence Westerly along said Northerly line to the East line of said Block 1; thence Southerly along said East line to the point of beginning. Contains 7,007+/- SQ. FT. or 0.16+/- SHOREWOOD MN Acres. ACCESS EASEMENT - AS PROVIDED:(Per Memorandum of Amendment No. 2 to Option-Lease Agreement Inst. No. 3597900) The westerly 12.00 feet of that part of Lot 27, Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, described as beginning at the Southeast SITE ADDRESS: corner of Block 1, Senn Addition; thence along the Easterly extension of the Southerly line of said Block 1 a distance of 85 feet; thence Northerly parallel with the East line of said 24283 SMITHTOWN RD. Block 1 to the Northerly line of said Lot 27; thence Westerly along said Northerly line to the East line of said Block 1; thence Southerly along said East line to the point of beginning. Contains 1,689+/- SQ. FT. or 0.04+/- Acres EXCELSIOR, MN 55331 ACCESS EASEMENT - AS SURVEYED: SURVEY CERTIFICATE: A 12.00 foot wide access easement over, under and across that part of Lot 27, Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, THIS IS TO CERTIFY THAT O'MALLEY & KRON LAND described as follows: Commencing at the Southeast corner of Block 1, SENN ADDITION; thence North 76 degrees 00 minutes 11 seconds East, assumed bearing, along the SURVEYORS, INC. AT THE REQUEST AND FOR easterly extension of the Southerly line of said Block 1, a distance of 85.00 feet; thence North 00 degrees 07 minutes 11 seconds East, parallel with the East line of said Block 1, a distance of 202.12 feet, to the point of beginning of the easement to be described; thence continue North 00 degrees 07 minutes 11 seconds East, along said parallel line, 25.13 EXCLUSIVE USE OF AMERICAN TOWER CORP., HAS feet, to the southerly line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 19, PLAT 57; thence South 74 degrees 55 minutes 27 seconds West, along last described southerly PERFORMED THIS AS-BUILT SURVEY OF THE line, 12.43 feet; thence South 00 degrees 07 minutes 11 seconds West, parallel with said East line of Block 1, a distance of 13.13 feet; thence South 72 degrees 15 minutes 17 LEASE AREA, FROM THE RECORD SOURCES AND seconds West, 74.00 feet, to said East line of Block 1; thence South 00 degrees 07 minutes 11 seconds West, along said East line, 123.89 feet, to a point 85.00 feet northerly of ACTUAL FIELD SURVEY ON 2/19/2019 IN said Southeast corner of Block 1, as measured along said East line; thence North 76 degrees 00 minutes 11 seconds East, parallel with said easterly extension of the Southerly line of Block 1, a distance of 12.37 feet, to a line drawn 12.00 feet easterly of, as measured at a right angle to and parallel with, said East line of Block 1; thence North 00 degrees 07 ACCORDANCE WITH THE MINIMUM STANDARDS minutes 11 seconds East, along last described parallel line, 112.13 feet; thence North 72 degrees 15 minutes 17 seconds East, 74.00 feet, to the point of beginning. FOR PROPERTY BOUNDARY SURVEYS. ALL LINEAR Contains 2,534+/- SQ. FT. or 0.06+/- Acres AND ANGULAR VALUES SHOWN ARE BASED UPON DEED OR RECORD INFORMATION UNLESS OTHERWISE NOTED. NOTES CORRESPONDING TO TITLE REPORT (SIGNED) _______________________________ 4 2 BENJAMIN C. O'MALLEY THE CORAL REPORT ISSUED BY LINCOLN ABSTRACT & SETTLEMENT SERVICES AS FILE NUMBER 19104669MN AND A SEARCHED FROM DATE OF MINNESOTA REGISTRATION 42300 6/1/1979 TO 2/12/2019 CONTAINS THE FOLLOWING EXCEPTION ITEMS: Mortgages: Type: Mortgage Mortgagee: Bridgewater Bank Mortgagor: Fish & Son Properties, LLC Amount: $150,000.00 Dated: September 19, 2018 Recorded/Filed: September 25, 2018 Document#: T05563359 (APPLIES TO PARENT PARCEL - AS PROVIDED) Affected by: 1. Assignment of Rents recorded Septemeber 25, 2018 as Instrument Number T05563360. (APPLIES TO PARENT PARCEL - AS PROVIDED)SURVEY LOGO: Liens/Judgments: None Found of Record. O'MALLEY & KRON LAND SURVEYORS, INC. Lease/Easements: 1004 2ND STREET SE 1. Option-Lease Agreement between Richard A. Moore and Chicago Title Insurance Co. dated January 15, 1982 and recorded December 21, 1982 as Instrument 6 4760996. (APPLIES TO PART OF PARENT PARCEL, REVISED BY INSTRUMENT NO. 3597900, NOT SHOWN ON SURVEY) WILLMAR, MN 56201 2. Option-Lease Amendment between Richard A, Moore and Colleen Moore and Chicago Title Insurance Co. dated October 11, 1983 and recorded November 8, 1983 PH. 320-235-4012 as Instrument 4843529. (NO DESCRIPTION FOR LEASE AREA PROVIDED, PARKING EASEMENT AS SHOWN ON SURVEY) 3. Assignment and Assumption of Lease between Chicago Title Insurance Company and Minneapolis SMSA Limited Partnership dated September 28, 1984 and WWW.OMALLEY-KRON.COM recorded April 16, 1985 as Instrument 4985882. (APPLIES TO PART OF PARENT PARCEL, REVISED BY INSTRUMENT NO. 3597900, NOT SHOWN ON 6 SURVEY) 4. Ninety-Nine Year Lease between James J. Heiland and Jane C. Heiland and Richard A. Moore and Colleen Moore dated December 10, 1986 and recorded June 2, DRAWN BY:B.C.O. 1987 as Instrument 5274985. (APPLIES TO PART OF PARENT PARCEL, REVISED BY INSTRUMENT NO. 3597900, NOT SHOWN ON SURVEY, PARKING B EASEMENT PER INSTRUMENT NO. 4843529 AS SHOWN ON SURVEY) A 5. Memorandum of Amendment No.2 to Option-Lease Agreement between Colleen Moore, Jeffrey C. Williams and Verizon Wireless (VAW) d/b/a Verizon Wireless APPROVED BY:B.C.O. dated August 30, 2002 and recorded September 5, 2002 in Book at Page as Instrument 3597900. (APPLIES TO ATC LEASE AREA AND ACCESS EASEMENT AS PROVIDED) DATE DRAWN:2/20/2019 6. Memorandum of Amendment No.3 between Fish & Son Properties, LLC and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless dated November 14, 2008 and recorded February 4, 2009 as Instrument T4612476. (APPLIES TO PARENT PARCEL - AS PROVIDED) ATC JOB NO:81418 7. There are no other leases or easements found of record. Other: 1. Matters set forth on Plat entitled Plat of Auditor's Subdivision Number 133 recorded December 8, 1924 in Book 82 at Page 120. (UNDERLYING PLAT) AS-BUILT/TITLE AND 2. Matters set forth on Plat entitled Echo Hills 2nd Addition recorded March 28, 1955 in Book 134 at Page 17. (ADJACENT PLAT) 3. Matters set forth on Plat entitled Plat of Hennepin County State Aid Highway recorded September 26, 1985 in Book 2243 at Page 668434 .(RIGHT OF WAY PLAT C FOR C.S.A.H. NO. 19)SURVEY PLAN T BOUNDARY PLAN 4. Matters set forth on Plat entitled Senn Addition recorded October 2, 1990 as Instrument 9665. (ADJACENT PLAT) E 4 5. Application to Register Title recorded May 31, 1994 as Instrument 6292964. (NO ITEMS TO PLOT) GN 4. Affidavit of Identity and Survivorship recorded January 6, 1995 as Instrument 6384494. (NO ITEMS TO PLOT) AC 5. Application to Register Title recorded April 18, 1995 as Instrument 2602560. (PARENT PARCEL AS PROVIDED) 0040'80' 6. Final Certificate of Condemnation recorded August 29, 2008 as Instrument 4525167. (HIGHWAY, DRAINAGE & UTILITY EASEMENT AS SHOWN ON SURVEY) SHEET NUMBER:REVISION: OHW SCALE: 1"=40' (11X17) V-101 2 1"=20' (22X34) PROJECT SUMMARY FIELD SURVEY DATE: 02/19/2019 SITE ADDRESS: 24283 SMITHTOWN RD, EXCELSIOR, MN 55331-8874 PARCEL INFORMATION OWNER: FISH & SON PROPERTIES LLC OWNER ADDRESS:70 FLORENCE DR, TONKA BAY, MN 55331 APN: 3311723140005 INSTRUMENT NO.: T05450322 ATC TOWER SERVICES, INC. TOTAL AREAS: SITE LOCATION 3500 REGENCY PARKWAY SUITE 100 CARY, NC 27518 PHONE: (919) 468-0112 FAX: (919) 466-5415 GEOGRAPHIC COORDINATES OF TOWER: VERTICAL. DATUM: NAVD 1988 HORIZONTAL DATUM: NAD83 THESE DRAWINGS AND/OR THE ACCOMPANYING GROUND ELEVATION: 978.9 SPECIFICATION AS INSTRUMENTS OR SERVICE ARE THE EXCLUSIVE PROPERTY OF AMERICAN TOWER. THEIR USE AND COORDINATES ARE BASED ON MINNESOTA STATE PLANE COORDINATES, SOUTH ZONE, HENNEPIN COUNTY PROJECTION; BEARINGS ARE BASED PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE ON MINNESOTA STATE PLANE COORDINATES, SOUTH ZONE, HENNEPIN COUNTY PROJECTION. FOR WHICH THEY ARE PREPARED. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO AMERICAN TOWER OR FLOODPLAIN: THE SPECIFIED CARRIER IS STRICTLY PROHIBITED. TITLE TO T PER THE FEMA FLOODPLAIN MAPS, THE SITE IS LOCATED IN AN AREA DESIGNATED AS ZONE X. THESE DOCUMENTS SHALL REMAIN THE PROPERTY OF COMMUNITY PANEL NO. : 27053C0314FDATED: 11/04/2016 AMERICAN TOWER WHETHER OR NOT THE PROJECT IS EXECUTED. NEITHER THE ARCHITECT NOR THE ENGINEER WILL BOUNDARY NOTE BE PROVIDING ON-SITE CONSTRUCTION REVIEW OF THIS PROJECT. CONTRACTOR(S) MUST VERIFY ALL DIMENSIONS AND THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY OF THE PARENT TRACT. ANY PARENT TRACT PROPERTY LINES SHOWN HEREON ADVISE AMERICAN TOWER OF ANY DISCREPANCIES. ANY ARE FROM SUPPLIED INFORMATION AND ARE NOT FIELD VERIFIED. PRIOR ISSUANCE OF THIS DRAWING IS SUPERSEDED BY THE LATEST VERSION ON FILE WITH AMERICAN TOWER. ENCROACHMENT STATEMENT AT THE TIME OF THE SURVEY THERE WERE VISIBLE ENCROACHMENTS AS FOLLOWS: A. THE FENCE ALONG THE WESTERLY ENCROACHES BEYOND THE PARENT PARCEL VICINITY MAPPARENT PARCEL COMPOUND DETAIL REV.DESCRIPTIONBYDATE B. THE ACCESS EASEMENT AS PROVIDED GOES THROUGH A CURB ISLAND WHICH 123 NTS PRELIMBCO02/20/19 WOULD BE REMEDIED BY THE AS-SURVEYED ACCESS EASEMENT SHOWN HEREON. 0 001000'2000' 020'40' REVISIONSDMS03/15/19 1 FINALBCO05/14/19 2 SCALE: 1"=1000' (11X17) SCALE: 1"=20' (11X17) 1"=500' (22X34) 1"=10' (22X34) ATC SITE NUMBER: 81418 ATC SITE NAME: SHOREWOOD MN SITE ADDRESS: 24283 SMITHTOWN RD. EXCELSIOR, MN 55331 SURVEY CERTIFICATE: THIS IS TO CERTIFY THAT O'MALLEY & KRON LAND SURVEYORS, INC. AT THE REQUEST AND FOR EXCLUSIVE USE OF AMERICAN TOWER CORP., HAS PERFORMED THIS AS-BUILT SURVEY OF THE LEASE AREA, FROM THE RECORD SOURCES AND ACTUAL FIELD SURVEY ON 2/19/2019 IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS. ALL LINEAR AND ANGULAR VALUES SHOWN ARE BASED UPON DEED OR RECORD INFORMATION UNLESS OTHERWISE NOTED. (SIGNED) _______________________________ BENJAMIN C. O'MALLEY MINNESOTA REGISTRATION 42300 SURVEY LOGO: O'MALLEY & KRON LAND SURVEYORS, INC. 1004 2ND STREET SE WILLMAR, MN 56201 PH. 320-235-4012 WWW.OMALLEY-KRON.COM DRAWN BY:B.C.O. B A APPROVED BY:B.C.O. DATE DRAWN:2/20/2019 ATC JOB NO:81418 EXISTING CONDITIONS AND C TOPOGRAPHIC PLAN SURVEY PLAN T E 4 GN AC 0040'80' SHEET NUMBER:REVISION: OHW SCALE: 1"=40' (11X17) V-102 2 1"=20' (22X34) ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22??