HomeMy WebLinkAbout07(C) - Consider the Vacation of a Portion of Public Right-of-Way at 5470 Fairlawn Shores Trail SE
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
CITY COUNCIL AGENDA REPORT
ITEM: 7C
MEETING DATE: October 16, 2023
PREPARED BY: Paul Moretto, Planner
PRESENTED BY: Casey McCabe, Community Development Director
AGENDA ITEM: Consider the Vacation of a Portion of Public Right-of-Way at 5470 Fairlawn
Shores Trail SE
RECOMMENDED ACTION:
Conduct a public hearing to consider the vacation of a portion of public right-of-way located
adjacent to a property at 5470 Fairlawn Shores Trail SE.
BACKGROUND:
Fairlawn Shores was platted in 1923 and dedicated a 30-foot ‘Driveway’ along the south side of
40 single-family residential lots. The dedicated Driveway later became part of a public street
known as Fairlawn Shores Trail SE.
The single-family lots to the south of Fairlawn Shores Trail SE were platted in 1984 as part of the
Storm’s First Addition plat. Storm’s First Addition dedicated a public street of varying widths of 20
feet to approximately 43 feet, which was platted as Fairlawn Shores Trail. The total right-of-way
width adjacent to 5470 Fairlawn Shores Trail varies from approximately 59 feet on the west
property line to 73 feet on the east property line.
Current Circumstances
The property owner at 5470 Fairlawn Shores Trail SE is adjacent to 5458 Fairlawn Shores Trail
SE who successfully applied for a right-of-way vacation similar to this one. The applicant was
made aware of the neighbor’s success and believes the same conditions that exist at 5458
Fairlawn Shores Trail SE exist on the applicant’s property. The applicant wishes to maintain the
proposed vacation area privately and make landscaping improvements to the front yard.
Conclusion
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.
The overall evaluation by City Staff has concluded that the right-of-way area requested for
vacation will not be necessary for a future street since the existing street is 32 feet wide. If
approved, the front property line would remain 11.1 feet to 12.1 feet from the back of curb. The
area would possibly be necessary for temporary street construction in the future and for
permanent underground utilities. Therefore, city staff proposes a custom drainage and utility
easement that will cover the area of right-of-way to be vacated for future permanent utilities and
Item 7C
Page | 2
temporary street construction use. The applicant has reviewed the easement document and
agrees with the proposed easement.
City staff recommends approval of the right-of-way vacation request conditioned upon recording
of an easement to replace the right-of-way area. The Prior Lake City Engineer / Public Works
Director has reviewed the requested vacation and is supportive of staff’s recommendation to
approve the vacation.
Subsection 111.300 of Prior Lake city code identifies a process for disposal of real property by
City Council approval. Real property is defined in city code as, “Land and all its appurtenances,
such as buildings, easements, rights, minerals, crops, and waters.”
Subsection 111.301 of city code states, no interest in real property shall be disposed of by the
City until after the Planning Commission has reviewed the proposed disposal and reported in
writing to the City Council its findings as to compliance of the proposed disposal with the
Comprehensive Plan. The City Council may, by resolution adopted by two-thirds vote, dispense
with the requirements of this subsection when in its judgment it finds that the proposed disposal
of real property has no relationship to the Comprehensive Plan.
The attached resolution, which requires two-thirds vote, includes a City Council finding that the
proposed vacation of right-of-way has no relationship to the comprehensive municipal plan and
dispenses of the requirement for review by the Planning Commission.
If approved, the right-of-way vacation would provide approximately 750 additional square feet of
land area. Most of this area is used as a driveway.
FINANCIAL IMPACT:
No financial impact is anticipated related to the right-of-way vacation request.
ALTERNATIVES:
1. Motion and second to approve the resolution approving the vacation of a portion of the
right-of-way adjacent to 5470 Fairlawn Shores Trail SE.
2. Motion and second to deny the resolution approving the vacation of a portion of the right-
of-way adjacent to 5470 Fairlawn Shores Trail SE.
3. Provide direction to staff and the applicant and table this item to a future council meeting
date.
ATTACHMENTS:
1. Location Map
2. Survey
3. Vacation Description and Sketch
4. Easement Agreement
5. Resolution to Approve
1.Subject property's address is 5470 Fairlawn Shores Trail SE, Prior Lake, its
property identification number is 250310050.
2.The bearing system is based on the southeasterly line of Lots 12 & 13,
which is assumed to bear North 55 degrees 10 minutes 17 seconds East.
3.Field work was completed 11/11/2021.
4.The building(s) and exterior dimensions of the outside wall at ground level
are shown on the survey. It may not be the foundation wall.
5.No specific title search for existence or non-existence of recorded or
un-recorded easements has been conducted by the surveyor as a part of
this survey. Only easements per the recorded plat are shown.
6.The gross area (above the 904 contour) of the subject property is 0.422
Acres or 18,382 square feet.
NOTES
Lots 12 and 13, FAIRLAWN SHORES, Scott County, Minnesota.
PROPERTY DESCRIPTION
I hereby certify that this survey, plan or report was prepared by me or under
my direct supervision and that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota. That this survey does not purport to show all
improvements, easements or encroachments, to the property except as
shown thereon.
Signed this 16th day of November, 2021
Marcus F. Hampton MN L.S. No. 47481
SURVEYOR'S CERTIFICATE
The vertical datum is NAVD88.
Benchmark
Top nut of hydrant located at 5488 Fairlawn Shores Trail
Elevation = 931.39
BENCHMARK
SANITARY MANHOLE
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DRAWN BY
DATE
REVISIONS
PLM
11/16/2021
CAD FILE
23798-10fls.dwg
PRO-ECT NO.
23798-10
FILE NO.
1-21-080
SHEET 1 OF 1
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LEGEND
FOUND IRON PIPE
AIR CONDITIONER UNIT
GROUND LIGHT
RETAINING WALL
TELEPHONE BOX
GAS METER
CONIFEROUS
DECIDUOUS
CATCH BASIN
RIP RAP
BITUMINOUS SURFACE
CONCRETE SURFACE
SET IRON PIPE
RETAINING WALL
CURB STOP
A. 11/19/21: Tree list
B. 11/22/21: Rear driveway
Lot (above 904 contour)= 18,382 sq. ft.
House /Garage = 2,622 sq. ft.
Driveway = 1,291 sq. ft.
Front Porch = 67 sq. ft.
Rear Screen Porch = 229 sq. ft.
Existing Bituminous driveway (rear)= 590 sq. ft.
Existing Shed = 77 sq. ft.
Total Impervious = 4,876 sq. ft. or 26.5% of lot
HARD COVER CALCULATIONS
Proposed
Garage Floor @ Front = 925.0
Garage Top of Block = 925.4
House Top of Block = 925.4
Lowest Floor = 915.7
FLOOR ELEVATIONS
C. 2/1/22: Proposed house
D. 2/4/22: Tree list
E. 2/8/22: West lot line grading
F. 3/3/22: House staking
G. 3/7/22: House location
H. 8/22/22: Wall as-built & new
driveway grades
I. 5/19/23: Driveway as-built
DENOTES AS-BUILT ELEVATION 8/22/22
DENOTES AS-BUILT ELEVATION 5/5/23
05/23/2023
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-X
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF
PUBLIC RIGHT-OF-WAY ADJACENT TO 5470 FAIRLAWN SHORES TRAIL SE
Motion By: Second By:
WHEREAS,
WHEREAS,
Mathhew R. Herbst and Laurie Herbst (‘Applicant’), have submitted a petition for the
vacation of a portion of public right-of-way adjacent to their property at 5470 Fairlawn
Shores Trail SE (PID 250310050); and
the petition has been duly presented to the City of Prior Lake, Scott County,
Minnesota to wit:
Legal Description (5470 FAIRLAWN SHORES TRAIL SE):
Lots 12 and 13, FAIRLAWN SHORES, Scott County, Minnesota.
Legal Description (Vacated Right-of-Way Area):
That part of the right of way of the Driveway, as dedicated on the recorded plat of
FAIRLAWN SHORES, Scott County, Minnesota, now known as Fairlawn Shores
Trail Southeast, described as follows:
Beginning at the most southerly corner of Lot 12, said plat; thence on an assumed
bearing of South 30 degrees 39 minutes 13 seconds East, along the southeasterly
extension of the southwest line of said Lot 12, a distance of 14.56 feet; thence
northeasterly a distance of 32.83 feet long a non-tangential curve concave to the
south having a radius of 376.60 feet, a central angle of 04 degrees 59 minutes 40
seconds, and a chard which bears North 70 degrees 34 minutes 38 second East, to
the southerly extension of the east line of Lot 13, said plat; thence North 00 degrees
25 minutes 17 seconds East, along said southerly extension, to the southeast corner
of said Lot 13; thence South 55 degrees 10 minutes 17 seconds West, along the
southeasterly lines of said Lots 12 and 13, a distance of 47.00 feet to the point of
beginning.
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 October 16, 2023 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
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.
4. The applicant shall enter into an easement agreement to allow temporary construction
activities and permanent underground utilities within the vacated right-of-way area.
5. The City Council finds that the vacation of right-of-way has no relationship to the
comprehensive municipal plan.
6. A four-fifths majority is required for approval by the City Council of Prior Lake if the Planning
Commission review was dispensed with.
7. Review by the Planning Commission of the right-of-way vacation is hereby dispensed with,
the vacation of right-of-way is hereby approved, and staff are authorized and directed to
execute all documents and take all appropriate measures to vacate said right-of-way.
8. Pursuant to Minnesota Statues 412.851, the following described public right-of-way is hereby
vacated:
Legal Description (5470 FAIRLAWN SHORES TRAIL SE):
Lots 12 and 13, FAIRLAWN SHORES, Scott County, Minnesota.
Legal Description (Vacated Right-of-Way Area):
That part of the right of way of the Driveway, as dedicated on the recorded plat of FAIRLAWN
SHORES, Scott County, Minnesota, now known as Fairlawn Shores Trail Southeast, described
as follows:
Beginning at the most southerly corner of Lot 12, said plat; thence on an assumed bearing of
South 30 degrees 39 minutes 13 seconds East, along the southeasterly extension of the
southwest line of said Lot 12, a distance of 14.56 feet; thence northeasterly a distance of 32.83
feet long a non-tangential curve concave to the south having a radius of 376.60 feet, a central
angle of 04 degrees 59 minutes 40 seconds, and a chard which bears North 70 degrees 34
minutes 38 second East, to the southerly extension of the east line of Lot 13, said plat; thence
North 00 degrees 25 minutes 17 seconds East, along said southerly extension, to the southeast
corner of said Lot 13; thence South 55 degrees 10 minutes 17 seconds West, along the
southeasterly lines of said Lots 12 and 13, a distance of 47.00 feet to the point of beginning.
Passed and adopted by the Prior Lake City Council on a four-fifths majority this 16th day of October
2023.
VOTE Briggs Braid Burkart Churchill Lake
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager