HomeMy WebLinkAbout6A Estate Avenue SE Vacation Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: MARCH 21, 2016
AGENDA #: 6A
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: NO
AGENDA ITEM: REVIEW REQUEST TO VACATE A DRAINAGE AND UTILITY
EASEMENT LOCATED WITIHIN THE EASTWOOD 3RD ADDITION
PLAT
DISCUSSION: Introduction
Estate Avenue Realty LLC has requested the vacation of a drainage and
utility easement located on Lot 2, Block 1, Eastwood 3rd Addition. This
site is located at 14844 Estate Avenue NE along the southern shores of
Lower Prior Lake.
History
On August 15, 2011 the Eastwood 3rd Addition was approved by City
Council (2 residential lots). Neither lot has been constructed upon to date
and the drainage and utility easement that was created to handle storm
water drainage from both lots is proposed to be vacated in favor of a
separate storm water management system.
Current Circumstances
The drainage and utility easement was planned for the site of a storm
water feature that would satisfy the City and State requirements. Design
of the house on Lot 2 has proved difficult given the constraints created by
this easement location. The applicant and City Engineering and Public
Works Departments have discussed alternative options to handle the
storm water design which are planned to ultimately be handled by an
underground private system. This private system will be maintained by
the property owner under the terms of a maintenance agreement with the
City of Prior Lake. With the placement of this alternative storm water
system and maintenance agreement the current easement will no longer
be necessary.
As required by State Statute 462.356 Subd.2, the Planning Commission
is required 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 the existing easement 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 public drainage and utility easement area proposed to be
vacated in this case is not needed to provide adequate storm water
service with the implementation of an alternative underground storm water
system and maintenance agreement.
Public Need
No public need will be present since the new storm water system will
satisfy the requirements for storm water management in the area.
ALTERNATIVES: 1. Recommend the City Council approve the proposed vacation.
2. Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
3. Based upon expressed findings of fact, recommend the City Council
deny part or all of the application based upon inconsistency of the
proposal with specific regulations of Zoning and Subdivision
Ordinances and/or specific policies of the Comprehensive Plan.
RECOMMENDED
MOTION:
Motion and second to recommend that the City Council approve the
proposed vacation.
EXHIBITS: 1. General Location Map
2. Illustrative Sketch of Easement Area
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Lower Prior Lake
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14956 Pixie Point Circle SE
Variance
Location Map
LOWER PRIOR LAKE
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(904)
140TH ST NE
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E A G L E C R E E K A V N E
H I G H W A Y 1 3
Lower Prior Lake
SUBJECT
PROPERTY
SUBJECT
PROPERTY