HomeMy WebLinkAbout8B Vacate Candy Cove Trail ROW o � rxto�
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V � 4646 Dakota Street SE
Prior Lake_ MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 13, 2013
AGENDA #: 86
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
PUBLIC HEARING: YES
AGENDA ITEM: PUBLIC HEARING TO CONSIDER THE VACATION OF 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 vaca-
tion 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.
Hi StOry
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 corri-
dor. 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 traveled turns a corner 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 residential neighborhood (See attached graphic).
The Planning Commission reviewed this request at their April 29, 2013 meet-
ing and recommended approval of the request based on its conformance to
the 2030 Comprehensive Plan.
Current Circumstances
As required by State Statute 462.356 Subd.2, the Planning Commission is
required to make a recommendation to the City Council regarding the dispos-
al or acquisition of public lands as it relates to compliance with the Compre-
hensive 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 City Council must make two determinations. Does the vacation of the
existing right-of-way comply with the Comprehensive Plan and is there a pub-
lic 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
services". 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 residential neighborhood.
Public Need
The result of the excessive area of right-of-way width is a result of two inter-
secting 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 portion of the public right of way area proposed to be vacated is not
needed to provide street access or utility service to the residential neighbor-
hood.
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 the Planning Commission and City Staff recommend approval of the
vacation of the requested portion of right of way with the following conditions:
• The approval resolution vacating the public right of way shall be rec-
orded at the Scott County Recorder's Office within 60 days of City
Council approval.
ALTERNATIVES: 1. Approve the proposed vacation as presented or with any changes as
identified by the City Council.
2. Continue the discussion to a date and time certain to allow the City Staff
to provide additional information specifically requested by the City Coun-
cil.
3. Based upon expressed findings of fact, deny part or all of the applications
based upon inconsistency of the proposal with specific regulations of the
Zoning and Subdivision Ordinances and/or specific policies of the Com-
prehensive Plan.
RECOMMENDED City Staff recommends Alternative #1. A motion and second to approve the
MOTION: resolution authorizing the vacation as requested.
EXHIBITS: 1. Location Map
2. April 29, 2013 Planning Commission Meeting Minutes (Draft)
3. Existing Survey indicating current utility lines
4. Boundary Survey (indicating existing easements to be vacated)
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V �' 4646 Dakota Street SE
Prior Lake, MN 55372
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RESOLUTION 13-XX
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE CANDY COVE TRAIL RIGHT OF
WAY
MOTION BY: SECOND BY:
WHEREAS, A petition for the vacation of a portion of the Candy Cove Trail right of way has been duly
presented to the City of Prior Lake, signed by the owners of the property abutting the following
described right of way situated in the City of Prior Lake, Scott County, Minnesota to wit:
Legal Description (Portion of Candy Cove Trail right of way):
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
antl 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 1, a distance of 96.84 feet to said 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 said most southerly corner of Lot 1; thence
southwesterly at an 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,
WHEREAS, Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
WHEREAS, A Public Hearing was held on said petition on Monday, May 13, 2013, in the Council
Chambers at City Hall, 4646 Dakota Street SE; and
WHEREAS, The City Council then proceeded to hear all persons interested in said petition and persons
interested were afforded the opportunity to present their views and objections to the granting
of said petition; and
WHEREAS, The portion of right of way requested for vacation is not necessary to provide access or utility
service to the adjacent properties.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
1. The above recitals are herein fully incorporated herein as set forth above.
2. The City Council of Prior Lake has determined that the vacation of saitl right of way would be in the public
interest.
3. The following condition of approval is determined:
a) 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 approval.
4. Pursuant to Minnesota Statues 412.851, the following described right of way is hereby vacated:
Legal Description (Portion of Candy Cove Trail right of way):
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 1, a distance of 96.84 feet to said 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 said most southerly corner of Lot 1; thence southwesterly at an 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.
PASSED AND ADOPTED THIS 13th DAY OF MAY, 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
5322 CANDY COVE TRAIL VACATION
LOCATION MAP
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4/29/13 Planning Commission Minutes
6. New Business:
A DEV-2013-1011 Candy Cove Trail Right-of-Way Vacation. Richard Lewin is
requesting to vacate part of the existing right-of-way along Candy Cove Trai1 to provide
sufficient ownership along their garage and front yard at 5322 Candy Cove Trai1.
Planner Matzke presented Wi(liam 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 aiong the eastern shores of Lower Prior Lake,
west of Trunk State Highway 13. The planning commission, reviews this #or compliance with
r::..
fhe 2030 Comprehensive Plan. ='�:����>
.:.�-:;,::
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Comm[ssioner Comments/Questions: "```''�''
Hite asked is the property that is to be vacated is;j�;"t,na'intained'�;y,#he current homeowner?
:,,,,..;:;;,,
Planner Matzke responded yes that is. The�;�j;eason it was creafec�::iS that this is where the
joining of two p(ats. The plats were done many::`y�ars ago ; and someti't`,iies as the right-of-way
' is plated with different parcels they do not line up'eXactl/�,.;,:�,,;:; -;:-
:-;;;.. ;;.;.,,
Phelan stated this makes sense, i#"-js:;�r1;::accordance'��iSii�h the 2Q30 Comp Pian, it give back
�:.::.
some square footage and tax base. He;;��ate:t�:;�js suppor't:-::;;.,,
.;;;:,
:,;�;;:;::
Roszak stateci his suppo.r#;;::;,H,e. asked does the��vaoa,#ion carr"ji;;;o,yer to the adjacent property?
4r does it end right at the;�'ine?Y��� "
.
Planner Matzke respor�`��;d doe�;:fiat move'`o�tfo the next property it is just requested by this
property owner. lt was me''ritioned:tQ;;;.t.he,applica�i�::to possibly pursue the neighbor to vacate as
well. -= `;;. ;.,.
:; ,
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Blahnik as��d what is tfie�;re�son`fQr.this vacatiori?
;:�:
Applicant Wili��in Peterson�`oh;j�eha�f:of<the Lewins responded the reason was to clean up
the title work for`�ttie �T�i;� homeowners were interested in selling and this was a way
.
of cleaning properfji:;lirt�s. He;;�t�ted he did con#act the neighbor in regards to vacating as
well, however that prop�rty is i�;-f4reclosure and the owner was not interested.
. �::
Blahnik stated his support;```it�ls�not being utilized for a public need and makes sense to give it
back to the home owner.
MOTION BY BLAHNIK SEC�ND BY H(TE TO RECOMMEND APPROVAL OF THE
VACTAION TO THE CITY COUNCIL.
VOTE: Ayes, Hite, Phelan, Spieler, B[ahnik, and Roszak. The motioned carried.
7. Announcements and Correspondence:
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�acation S'ketch For.•
P�'T�'R�S'4N LATY OFFIC�'
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PROPOSED R1GH7 OF WAY VACATfON D�SCRlPTION
That part of Candy Cove Trail Iocated within Government Lot 3,
Sectton 36, Township 115, Range 22, Scott County, Minnesota, lying
northeasterly of Line A described below and lying northwesterly of a
{ine described as beginning at the most southerly corner of Lot l,
CANDY COVE F'ARK, according ko the recorded plat thereof, said Scott
Courtty, thence southwester�iy at an angle of 86 deyrees 11 minutes
57 seconds, as measured from the southwesteriy Iine of said Lot I, a
distance of 96.84 feet to said Line A; thence northwesterly, along
said Line A, 14.69 feet to the rtorthwesterly line of said Candy Cove
Trail and said line there terminating.
Line A is described as commencing at said most southerly corner of
Lot I; thence southweskerly at an angle of 7l degrees 00 m+nutes 00
seconds, as measured from said southwesteriy line of Lot t, a
distance of 50.00 feet; thence northwesterly at an angle of 69
degrees 41 rninutes 00 seconds to the right, 114.40 feet; thence
southwesterly at an angle of $5 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 ancf said Line A there
terminating.
t hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and
that ( am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
Dated this 4th day o# March, 20{3
�� L'�J ���`-' SUt�DE LAND SURVEYING, LLC.
A�� 0 2 Zat�
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Leanard F.�Carlson, R.L.S. Mtnn. Lic. No. 44890
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SHEET 1 OF 2 SHEETS
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Bloomtn9ton, 1Alnnesota 55420-3435
952-881-2455 (Fax: 952-888-9526)
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