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HomeMy WebLinkAbout6 - Lewin Right of Way Vacation RequestI'llPdor Lake. MN 55372 �fNNfiso�A PLANNING COMMISSION AGENDA REPORT MEETING DATE: APRIL 29, 2013 AGENDA #: 6A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: NO AGENDA ITEM: REVIEW REQUEST TO VACATE A PORTION OF CANDY COVE TRAIL RIGHT OF WAY ADJACENT TO 5322 CANDY COVE TRAIL SE DISCUSSION: Introduction William Peterson, on behalf of Richard and Norene Lewin is requesting vacation of a portion of the Candy Cove Trail right-of-way in front of the_ property_ at 5322 Candy Cove Trail. The property is located along the eastern shores of Lower Prior Lake, west of Trunk State Highway 13. History, Much of the right of way for the public street, Candy Cove Trail, as it exists today was platted with the Candy Cove Park plat in 1921. Other areas of the public street were dedicated from former private drive paths along the corridor. In this case, the Candy Cove Park plat and a section of Government Lot 3 converge in front of the applicant's property at 5322 Candy Cove Trail. As a result of joining the two areas of the dedicated Candy Cove Trail right of way, the street as tra- veled turns a comer more sharply than the right of way itself. Utility lines, both public and private follow this roadway corridor. Since the street turns sharper than the right of way an area of right of way is created in front of 5322 Candy Cove Trail that is not needed to facilitate access or utility service to the residen- tial neighborhood. CenterPoint Energy has identified a concern in regards to the surveyed location of the gas line as indicated on the submitted survey. The applicant is communi- cating with CenterPoint Energy to resolve the survey concern prior to the ap- proval of the vacation by the City Council. A condition of approval has been at- tached to City Staff's recommendations to address the issue prior to the approv- al of the right of way vacation. Current Circumstances As required by State Statute 462.356 Subd.2, the Planning Commission is re- quired to make a recommendation to the City Council regarding the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. Upon proper notification, State Statute 412.851 allows the Council to vacate right-of-way by resolution. The statute also states "no such vacation shall be made unless it appears to be in the public interest to do so." ISSUES: The Planning Commission must make two determinations. Does the vacation of 5322 CANDY COVE TRAIL VACATION LOCATION MAP the existing right-of-way comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? Comprehensive Plan Review One of the goals of the Comprehensive Plan is to `provide well-maintained streets, water distributions systems, sewage systems, and other municipal servi ces". The portion of the public right of way area proposed to be vacated in this case is not needed to provide adequate street access or utility service to the res- idential neighborhood. Public Need The result of the excessive area of right-of-way width is a result of two intersect- ing legal boundaries joining at this location. Government Lot 3 and the Candy Cove Point plat join at this location and the actual roadway as traveled. The por- tion of the public right of way area proposed to be vacated is not needed to pro- vide street access or utility service to the residential neighborhood. Conclusion The portion of the public right of way requesting to be vacated is not needed to facilitate access or utility services to the residential neighborhood. As a result City Staff recommends approval of the vacation of the requested portion of right of way with the following conditions: The applicant shall address a survey concern for the existing natural gas service line to the satisfaction of CenterPoint Energy prior to approval of the right of way vacation by the City Council. The approval resolution vacating the public right of way shall be recorded at the Scott County Recorder's Office within 60 days of City Council ap- proval. ALTERNATIVES; 1. Recommend the City Council approve the proposed vacation as presented or with changes recommended by the Planning Commission. 2. Continue the discussion to a date and time certain to allow the City Staff to provide additional information specifically requested by the Planning Com- mission. 3. Based upon expressed findings of fact, recommend the City Council deny part or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or specif- ic policies of the Comprehensive Plan. RECOMMENDED City Staff recommends Alternative #1. A motion and second to recommend the MOTION: City Council approve the vacation as requested. EXHIBITS: 1. Location Map 2. Existing Survey indicating current utility lines 3. Boundary Survey (indicating existing easements to be vacated) Va r SURVEY LINE C r ` C' feo ' FOC.WD 318" ;otis ,.- GWEN � .e ` ON—LINE Qh'W Q12 ,� �.r- esti V WALL ` �` tt2i`caT, �cx op�, Ci ( OPEN IRON4� r c�G ,y LYING DOWN 9a`ad��s2s.5'� / rrr 5 !� i2"J4 St I, DS le FOUND � 1f" 2(Ilk 0' acW IRON ' L PING DAWN ��. `fOj E +i�PW 0.0 anx STEP$ CDL ` �� LAAC 71 Izigfi Gu Tye- D6 GRASS AHD 7RMS D8 r 0.5 II4 .7 —or) o 11i RLS, � ��, r iH cif 5 f ca sLA �. G� [834'034'36' tA ww8 NIf� N�s FCXJND IRON , G Fffl RLS ytf22 ., �sa.a sola � �{ cf � del w- r.�3'SPR 958,1 Ilkr_ ,- Vacation Sketch For.- PETERSON LAY OFFICE - - u�00 SURVEY LINE ----- ` ----------- 50.00� a F j Q ^ / „7- C V Q n �v L1_ J z z M U c— � M y Q �) L z 4 1 Q za �— �CL CC OUw l NWLY LINE OF r o ` ) CANDY COVE TRAIL sA° /'� J U 00:� (n z 7t \CAND Y Co VE sa Qa °o, ._-------- ------ 3 96.84 _ 1 I RF�OR@5E ACA r�O/V TRA IL ' h APR � 2010 j o X. A. CA ND Y Co vE PARwA Y) ti Y_ _-- SHEET 2 OF 2 SHEETS GP �i 2012-055 711/38 T.115 R.22 5.36 SALT 2012055002.dwg JISUNDE 900E East Bloomington Freeway (350) • 118 Bloomington, Minnesota 55420-3435435 952-881-2455 (Fox: 952-888-9526) L LAND SURVEYING ` ww.sunde•com Vacation Sketch For PETERSON 1,4 X OFFICE PROPOSED RIGHT OF WAY VACATION DESCRIPTION That part of Candy Cove Trail located within Government Lot 3, Section 36, Township 115, Range 22, Scott County, Minnesota, lying northeasterly of Line A described below and lying northwesterly of a line described as beginning at the most southerly corner of Lot 1, CANDY COVE PARK, according to the recorded plat thereof, said Scott County; thence southwesterly at an angle of 86 degrees 11 minutes 57 seconds, as measured from the southwesterly line of said Lot I, a distance of 96.84 feet to sold Line A; thence northwesterly, along said Line A, 14.69 feet to the northwesterly line of said Candy Cove Trail and said line there terminating. Line A is described as commencing at sold most southerly corner of Lot 1; thence southwesterly at on angle of 71 degrees 00 minutes 00 seconds, as measured from said southwesterly line of Lot 1, a distance of 50.00 feet; thence northwesterly at an angle of 69 degrees 41 minutes 00 seconds to the right, 114.40 feet; thence southwesterly at an angle of 85 degrees 41 minutes 00 seconds to the left, 50.00 feet to the point of beginning of Line A to be described; thence southeasterly at an angle of 94 degrees 27 minutes 00 seconds to the left, 135.00 feet and said Line A there terminating. 2012-055 711/38 7.115 R.22 S.36 SUT 2012055002.dwg I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 4th day of March, 2013 SUNDE LAND SURVEYING, LLC. By:— —— — — — — — — -------- Leonard F. Carlson, P.L.S. Minn. Lic. No. 44890 SHEET 1 OF 2 SHEETS UNDE 90©I East Bioomington Freeway (350) s Suite 118 Bloomington, Minnesota 55420-3435 952-881-2455 (Fox: 952-888-9526) LAND SURVEYING www.sund e.00m