HomeMy WebLinkAbout6A 15609 Calmut Ave
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: NOVEMBER 16, 2015
AGENDA #: 6A
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: NO
AGENDA ITEM: REVIEW REQUEST TO VACATE A PORTION OF CALMUT AVENUE RIGHT
OF WAY ADJACENT TO 15609 CALMUT AVENUESE
DISCUSSION: Introduction
Sharry and Thomas Schmid are requesting vacation of a portion of the Candy
Cove Trail right-of-way in front of the property at 15609 Calmut Avenue. The prop-
erty is located along the western shores of Lower Prior Lake, west of Trunk High-
way 13.
History
Much of the right of way for the public street, Calmut Avenue, as it exists today
was platted with the North Grainwood Plat in 1947 as driveway access. Other
areas of the public street were dedicated from former private drive paths along
the corridor. Since then the railroad right of way was abandoned and the access
road (which is Calmut Avenue today) was shifted to the west resulting in an atyp-
ical wide right of way area. Utility lines, both public and private follow this newer
roadway corridor.
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.”
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 provide an easement over the proposed vacated
right-of-way area to ensure adequate maintenance of the overhead
power lines.
• 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.
2
ISSUES: The Planning Commission must make two determinations. Does the vacation of
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 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 neigh-
borhood.
Public Need
The result of the excessive area of right-of-way width is a result of the shifting of
roadway and utility access since the original access plat. This is due to the aban-
donment of the railroad corridor. The portion of the public right of way area pro-
posed to be vacated is not needed to provide street access or utility service to the
residential neighborhood.
ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the proposed
vacation as presented or with changes recommended by the Planning Com-
mission.
2. Motion and a second to continue the discussion to a date and time certain to
allow the City Staff to provide additional information specifically requested by
the Planning Commission.
3. Motion and a second to recommend the City Council deny part or all of the
applications based upon inconsistency of the proposal with specific regula-
tions of the Zoning and Subdivision Ordinances and/or specific policies of
the Comprehensive Plan.
RECOMMENDED
MOTION:
Alternative #1
EXHIBITS: 1. Location Map
2. Existing Survey
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