HomeMy WebLinkAbout7A - Koestering Vacation Reques
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 5, 2001
7A
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROV AL OF A
RESOLUTION DENYING THE VACATION OF A PORTION
OF THE DRAINAGE AND UTILITY EASEMENT LOCATED
ON THE NORTH SIDE OF LOT 4, BLOCK 1, EASTWOOD 2ND
ADDITION (Case File #01-083)
History: Jim Koestering is requesting the vacation of a portion of the
40' wide drainage and utility easement located on the north side of the
property legally described as Lot 4, Block 1, Eastwood 2nd Addition.
This request also includes the vacation of a portion of the 10' wide
road and utility easement located along the west property line of this
lot. This easement was dedicated to the City in 1984 when Eastwood
2nd Addition was platted. There are existing utilities, including storm
sewer and sanitary sewer, located within the 40' wide easement. The
10' wide easement located along the west property line is for both
utilities and the existing road.
The applicant is proposing to construct a house on this lot. As
presently designed, the house would encroach into the existing
easement.
Current Circumstances: The Planning Commission reviewed this
vacation request on October 22,2001. At that time, the applicant
submitted a "Sketch and Description" map that identified the existing
sanitary sewer force main on the northern side of the easement. The
sketch map also showed the proposed house encroaching
approximately 3 feet into the existing easement. Based on this
information, the Planning Commission recommended approval of the
vacation of 5' of the existing 40' wide easement. The Planning
Commission did not recommend approval of the vacation of any of the
10' wide easement located on the west property line. Based on this
information, the Planning Commission also approved a variance to
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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allow the proposed dwelling to be located 20.06' from the road
easement.
On Friday, October 26,2001, the applicant had a survey crew locate
the existing sanitary sewer force main on the site, as requested earlier
by the staff. The field location of the existing utilities places the
utilities on the south edge of the 40' wide easement rather than on the
north side of the easement as shown on the "Sketch and Description"
map. Based on the actual field location, the proposed house would be
located on top of the existing forcemain, which is different than the
information the petitioner submitted to the Planning Commission.
Issues: Minnesota Statutes 412.851 allows the Council to vacate
easements or right-of-way by resolution. The statute states, "no such
vacation shall be made unless it appears to be in the public interest to
do so." The Comprehensive Plan does not specifically discuss utility
easements, other than as a function of ensuring access to public
utilities. As noted above, there are existing utilities, including storm
sewer and sanitary sewer, located within the 40' wide easement. The
10' wide easement located along the west property line is for both
utilities and the existing road. The Engineering Department has noted
that Pixie Point Road, along with the storm sewer, is scheduled for
reconstruction in 2002. The sanitary sewer forcemain may be
relocated at that time or with the 150111 Street reconstruction project in
2005. It is not in the best interest to vacate any of this easement until
those plans are completed. A portion or all of the easement may also
be required for the 2002 Pixie Point reconstruction project.
Conclusion: Based on the information submitted thus far, there is a
public need for these easements. The Planning staff therefore
recommends denial of this request. The Planning Commission's
recommendation for approval of the vacation of a portion of the
easement was based on incorrect information. Assuming the petitioner
continues to have an interest in this vacation request, the staff will
attempt to provide a more conclusive answer once the 2002 Pixie Point
reconstruction project plans are prepared. However, economics may
dictate that the forcemain be reconstructed in 2005.
AL TERNATIVES:
The City Council has four alternatives:
1. Adopt a Resolution denying the vacation as proposed by the
adjacent property owner.
2. Direct staff to prepare a resolution approving the vacation as
proposed by the property owner.
3. Defer this item and provide staff with specific direction.
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Page 2
RECOMMENDED
MOTION:
REVIEWED BY:
The staff recommends Alternative # 1 in order to preserve the easement
needed for utilities. A motion and second to adopt a Resolution
denying the vacation of the easement is required.
1:\01 files\O 1 vacations\O 1-083\01-083 cc report. doc
Page 3
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RESOLUTION 01~
RESOLUTION DENYING THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY
EASEMENT LOCATED ON THE NORTH SIDE OF LOT 4, BLOCK 1, EASTWOOD 2ND
ADDITION
MOTION BY:
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SECOND BY:
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WHEREAS,
a petition for the vacation of a portion of the drainage and utility easements located on the
north side of Lot 4, Block 1, Eastwood 2nd Addition, has been duly presented to the City of
Prior Lake, signed by the owners of the property abutting the following described easement
situated in the City of Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That part of the north 40.00 feet of the existing drainage and utility easement as depicted
on the recorded plat of EASTWOOD SECOND ADDITION, Lot 4, Block I, Scott
County, Minnesota, lying southerly of the following described line:
Commencing at the northeast comer of said Lot 4; thence South 0 I degrees 09
minutes 40 seconds East, assumed bearing along the east line of said Lot 4, a
distance of26.08 feet to the point of beginning of the line to be described; thence
North 83 degrees 18 minutes 43 seconds West a distance of 138.66 feet to the
westerly line of said Lot 4 and there terminating.
ALSO
That part of the existing drainage and utility easement as depicted on the recorded plat of
EASTWOOD SECOND ADDITION, Lot 4, Block 1, Scott County, Minnesota,
described as follows:
Beginning at the intersection of the south line of the north 40.00 of said Lot 4,
and the west line of said Lot 4; thence easterly along said south line a distance of
10.00 feet; thence southerly along a line that if extended would intersect the west
line of Lot 3, Block 1, said EASTWOOD SECOND ADDITION 147.00 feet
south of the northwest comer of said Lot 4 a distance of 5.68 feet; thence
westerly along a line parallel with and 5.66 feet south of said south line a
distance of 9.47 feet to the west line of said Lot 4, thence northerly along said
west line to the point of beginning.
WHEREAS,
notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
1:\0 lfiles\O 1 vacations\O 1-083\deny res.doc
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
I r r
WHEREAS,
a Public Hearing was held on said petition on Monday, November 5, 2001, at 7:30 p.m. in
the Council Chambers at the Prior Lake Fire Station #1; and
WHEREAS,
the City Council then proceeded to hear all persons interested in said petition and persons
interested afforded the opportunity to present their views and objections to the granting of
said petition; and
WHEREAS,
the City Council of Prior Lake has determined that the vacation of said road right-of-way
would not be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to
Minnesota Statues 412.851, the petition to vacate the above described right-of-way in the City of Prior Lake,
Scott County, Minnesota, is hereby denied.
Passed and adopted this 5th day of November, 2001.
YES
NO
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
{Seal}
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From:
Sent:
To:
Subject:
Sue McDermott
Thursday, October 04, 2001 5:38 PM
Jane Kansier
Koestering variance
Jane-
Additional comments from public works:
1) The storm sewer must be shown on the survey.
2)It may be possible to vacate a portion of the easement but the forcemain will have to be potholed and surveyed. The
Engineering Department must be contacted 48 hours in advance of this work being done. .
3) Again, both storm sewer and street are proposed to be reconstructed next year and it may not be in the City's best
interest to vacate any easements until plans are completed.
Sue McDermott
City Engineer
City of Prior Lake
(952) 447-9831
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I have reviewed the attached proposed request (Koestering Variance and Vacation)
for the following:
~ Water City Code Grading
'J.. Sewer )(. Storm Water Signs
Zoning Flood Plain County Road Access
Parks .. Natural Features Legal Issues
Assessment Electric. X. Roads/Access
Policy
Septic System Gas Building Code
Erosion Controt Other ,
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Recommendation:
Approval ~ Denial
Conditional Ap~roval
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Comments:
AL.{.... 5.\!>O..Jv (jrll...l'if€S LOCAI1=-J:> ,~ -n:.te. 6:tSU\IO..r." ?(toP~;5.0 10 BE lJaCA,t;..t:>
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Signed:
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Please return any comments by Thursday, October 4, 2001, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
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