HomeMy WebLinkAbout8A - Utiltiy Easement Sunset Hills Addn.
DISCUSSION:
ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JUNE 4,2007
8A
JANE KANSIER, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
VACATING A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 1,
BLOCK 4, SUNSET HILLS ADDITION
Introduction
The purpose of this agenda item is to conduct a public hearing on the vacation
of the existing drainage and utility easements on Lot 1, Block 4, Sunset Hills
Addition.
History
The existing drainage and utility easements on this site were dedicated on the
Sunset Hills Addition, approved by the City Council in 1978. The new lot lines
will be moved to the west and north of the existing easements, resulting in
easements through the middle of the lot. Furthermore, the proposed addition
to the single family home will encroach into one of the existing easements, so
the applicants are requesting this vacation. The new plat will rededicate the
necessary easements.
Current Circumstances
The Planning Commission considered this request on May 14, 2007. The
Planning Commission recommended approval of the proposed vacation.
The Comprehensive Plan does not speCifically discuss utility easements, other
than as a function of ensuring access to public utilities. The vacation of these
easements is not inconsistent with any specific goal or objective of the
Comprehensive Plan. The new plat will dedicate necessary easements for this
area. The approval of this vacation would allow the development of the new
lot.
As a precaution, the resolution approving the vacation of these easements will
not be released until the final plat is approved. The resolution will be recorded
just prior to the final plat. It must also be noted this vacation does not
constitute approval of any building plans for the site.
If the vacation is approved, it will allow for additional development area of the
lot, which will contribute to the City's tax base.
1. Adopt a Resolution approving the vacation.
2. Direct staff to prepare a resolution denying the vacation.
The Planning Commission and staff recommend Alternative #1. A motion and
second to adopt a Resolution approving the vacation of the drainage and utility
easement.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07 -xx
Motion By:
Second By:
WHEREAS, A petition for the vacation of a drainage and utility easement located on Lot 1, Block 4,
Sunset Hills Addition, has been duly presented to the City of Prior Lake, 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 4,2007, in the Council
Chambers at the Prior Lake City Hall; during which the City Council then proceeded to
hear all persons interested in said petition and persons interested afforded the
opportunity to present their views and objections to the granting of said petition; and
WHEREAS, New drainage and utility easements will be dedicated as part of the final plat for the
Zimmermans Addition, so the existing drainage and utility easements are not
necessary for the maintenance of public utilities.
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 easement would be in the
public interest.
3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easement is
hereby vacated:
Legal Description:
All drainage and utility easements as dedicated on Lot 1, Block 4, Sunset Hills Addition, Scott
County, Minnesota.
4. The vacation is subject to the following condition:
a) The resolution approving the vacation of these easements will not be released until the final plat
is approved.
PASSED AND ADOPTED THIS 4TH DAY OF JUNE, 2007.
Haugen Haugen
Hedberg Hedberg
Erickson Erickson
leMair leMair
Millar Millar
YES
NO
Frank Boyles, City Manager
L FILFS\O?
isC\olWwW:tltyofpriorlake. com
Phone 952.447.4230 / Fax 952.447.4245
BUILDING PERMIT SURVf:Y PREPARED FOR:
BOB ZIllA/ERMAN
3235 BALSAM STREET
PRIOR LAKE. loiN S5J72
~ Yalley Surveying Co., P.A.
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