HomeMy WebLinkAbout7B Green Heights Plat Vacation Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 24, 2017
AGENDA #: 7B
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
VACATING A PORTION OF A PLATTED DRIVEWAY WITHIN THE PLAT
OF GREEN HEIGHTS ADJACENT TO 3781 ROOSEVELT STREET
DISCUSSION: Introduction
The purpose of this agenda item is to conduct a public hearing on the
vacation of a portion of a platted public driveway located adjacent to 3781
Roosevelt Street SW, west of Ramsey Avenue and south of Green Heights
Trail within the plat of Green Heights.
History
The Green Heights plat was approved by the City Council in 1927. As part
of the plat, driveways were created for access to the various lots. Dallas
Eldeen, the applicant of the vacation request, recently purchased the
property surrounding the platted 10-foot driveway.
Current Circumstances
City staff has evaluated the vacation application to determine whether there
is a local public need for this property. That need would include, but not be
limited to, public utilities and private lot access. No public utilities exist or
are planned within this right-of-way and the property owner has access to
this property via Green Heights Trail SW and Roosevelt Street SW .
Conclusion
There are no current or planned public utilities located within this 10-foot
right-of-way vacation request area, therefore assuming no additional
substantive information is offered at the public hearing, the City Staff
recommends approval of the vacation request.
ISSUES: Minnesota State Statutes 412.851 govern the vacation of streets, alleys,
public grounds and public ways in statutory cities. The city’s decision to
grant or deny a vacation is legislative in character. Therefore, the City
Council must decide that the proposed vacation is “in the interest of the
public”. If the City concludes that this portion of the public right-of-way is no
longer needed for a public reason, then vacating it can be deemed to be in
the interest of the public.
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FINANCIAL
IMPACT:
Approval of the requested vacation will facilitate the further expansion of the
buildable property on portions of Lots 19, 20, 21, and 22 which will add to
the property tax base.
ALTERNATIVES: 1. Approve a resolution approving the vacation of a portion of a public
driveway in the Green Heights plat.
2. Deny approval based on findings to support denial.
3. Table this item to a certain date in the future.
RECOMMENDED
MOTION:
ATTACHMENTS:
Alternative #1.
1. Location Map
2. Survey
3. Green Heights Plat (1927)
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF A PLATTED
DRIVEWAY WITHIN THE GREEN HEIGHTS PLAT
Motion By: Second By:
WHEREAS,
WHEREAS,
Dallas Eldeen (‘Applicant’), has submitted a petition for the vacation of a portion of
driveway within the Green Heights plat; and
The petition has been duly presented to the City of Prior Lake, Scott County,
Minnesota to wit:
Legal Description (Vacated Right-of-Way Area):
That part of the Drive as shown and dedicated on the recorded plat of GREEN
HEIGHTS, Scott County, Minnesota, described as follows: Beginning at the
northwest corner of Lot 21, said plat of GREEN HEIGHTS; thence northerly to the
southwest corner of Lot 20 of said plat; thence northeasterly along the southerly line
of said Lot 20 and along the southerly line of Lot 19, of said plat, to the southeast
corner of said Lot 19; thence southerly to the northeast corner of Lot 22 of said plat;
thence southwesterly along the northerly line of said Lot 22, and along the northerly
line of said Lot 21, to the point of beginning; and
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, July 24, 2017, in the Council
Chambers at Prior Lake 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 vacated area legally described above is no longer necessary for the
maintenance of public utilities, public access, or any other public purpose.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council of Prior Lake has determined that the vacation of said public right-of-way
would be in the public interest.
3. The approval resolution vacating the right-of-way shall be recorded at the Scott County
Recorder’s Office.
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4. Pursuant to Minnesota Statues 412.851, the following described public right-of-way is hereby
vacated:
Legal Description (Vacated Right-of-Way Area):
That part of the Drive as shown and dedicated on the recorded plat of GREEN HEIGHTS,
Scott County, Minnesota, described as follows: Beginning at the northwest corner of Lot 21,
said plat of GREEN HEIGHTS; thence northerly to the southwest corner of Lot 20 of said plat;
thence northeasterly along the southerly line of said Lot 20 and along the southerly line of Lot
19, of said plat, to the southeast corner of said Lot 19; thence southerly to the northeast corner
of Lot 22 of said plat; thence southwesterly along the northerly line of said Lot 22, and along
the northerly line of said Lot 21, to the point of beginning. (PID 250940160)
PASSED AND ADOPTED BY THE PRIOR LAKE CITY COUNCIL THIS 24th DAY OF JULY 2017.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
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