The URL can be used to link to this page

Home My WebLink About7A 3070 Creekview Cir SW Alley 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: JUNE 18, 2018 AGENDA #: 7A PREPARED BY: AMANDA SCHWABE, PLANNER PRESENTED BY: AMANDA SCHWABE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING A PORTION OF A PLATTED ALLEY ADJACENT TO 3070 CREEKVIEW CIRCLE SW DISCUSSION: Introduction The purpose of this agenda item is to conduct a public hearing on the vacation of an unimproved public alley located adjacent to a property at 3070 Creekview Circle SW , east of Lime Road SW. History The alley was dedicated to the public, along with 4th Street and Center Street as part of the Spring Lake Townsite plat in 1857. During the 1980’s, 4th Street, Center Street and the easterly portion of the alley were vacated. The applicant associated with the alley vacation request did not own property adjacent to the western portion of the alley therefore, only the eastern approximate 280 feet of the unimproved alley was vacated in 1986. 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/or private lot access. Sewer and water connections exist in Center Street SW (private road) to service four (4) homes. No city utilities exist or are planned within this unimproved alley area proposed for vacation. The applicants’ have access to their property from Center Street; however, they do utilize a portion of the unimproved alley as their driveway today. If vacated, the applicants’ driveway would be entirely on their property and would allow for improvements to the home including an attached garage and enlarged entryway without variances. The applicants’ have been in contact with the three (3) other property owners adjacent to the alley regarding the vacation. A majority of the other property owners have signed acknowledgement and are in support of the vacation. Conclusion There are no current or planned city utilities located within this unimproved alley area, therefore City Staff recommends approval of the vacation request. 2 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 make a decision that the proposed vacation is “in the interest of the public”. If the City concludes that this portion of the public alley is no longer needed for a public reason, then vacating it can be deemed to be in the interest of the public. Staff has reached out to Xcel Energy to confirm whether there are any existing electric lines in the unimproved alley area, but have not received a response as of this writing. If electric lines are present, Xcel Energy will likely request an easement from the applicants’ to access the line(s). The Applicants’ are aware that an easement in favor of Xcel Energy may be needed. FINANCIAL IMPACT: Approval of the requested vacation will allow the applicants’ to add an attached garage and front entry addition onto the existing single family residential dwelling on the property which will add to the property tax base. ALTERNATIVES: 1. Conduct the public hearing and if no new substantive information is presented, make a motion and second to approve a resolution approving the vacation of the unimproved alley adjacent to 3070 Creekview Circle SW . 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. Resolution 2. Location Map 3. Signatures of Adjacent Property Owners 4. Survey 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ RESOLUTION PROVIDING FOR THE VACATION OF AN UNIMPROVED ALLEY Motion By: Second By: WHEREAS, WHEREAS, Matt and Megan Asfeld (‘Applicants’), have submitted a petition for the vacation of an unimproved alley adjacent to their property at 3070 Creekview Circle SW (PID 251330440); and The petition has been duly presented to the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Vacated Alley Area): THAT PART OF THE 16.00 FOOT ALLEY LOCATED WITHIN BLOCK 33 AS SHOWN ON THE PLAT OF SPRING LAKE TOWNSITE, SCOTT COUNTY, MINNESOTA, WHICH LIES WESTERLY OF THE NORTHERLY EXTENSTION OF THE WEST LINE OF LOT 4, SAID BLOCK 33, AND WHICH ALSO LIES SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF 4TH STREET AS SHOWN ON SAID PLAT OF SPRING LAKE TOWNSITE, SCOTT COUNTY, MINNESOTA.; 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, June 18, 2018, 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 alley would be in the public interest. 3. The approval resolution vacating the alley shall be recorded at the Scott County Recorder’s Office. 2 4. Pursuant to Minnesota Statues 412.851, the following described public alley is hereby vacated: Legal Description (Vacated Alley Area): THAT PART OF THE 16.00 FOOT ALLEY LOCATED WITHIN BLOCK 33 AS SHOWN ON THE PLAT OF SPRING LAKE TOWNSITE, SCOTT COUNTY, MINNESOTA, WHICH LIES WESTERLY OF THE NORTHERLY EXTENSTION OF THE WEST LINE OF LOT 4, SAID BLOCK 33, AND WHICH ALSO LIES SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF 4TH STREET AS SHOWN ON SAID PLAT OF SPRING LAKE TOWNSITE, SCOTT COUNTY, MINNESOTA. PASSED AND ADOPTED BY THE PRIOR LAKE CITY COUNCIL THIS 18th DAY OF JUNE, 2018. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager MONROE AV SWSPRING LAKE RD SW VALE CIR SW 170TH ST SW Spring Lake Upper Prior Lake Scott County GIS Ü 3070 Creekview Circle SW Vacation Location Map UPPER PRIOR LAKEGD(904) SPRING LAKEGD(912.8) BLINDLAKERD(948.7) MARKLEYLAKERD( ) CRYSTAL LAKENE(943.3) RICE LAKENE(945) CLEARY LAKENE CAMPBELLLAKENE(Not Estab.) Spring Lake Scott County GIS SUBJECT PROPERTY SUBJECT PROPERTY 3070