HomeMy WebLinkAbout7B - Vacation of a Portion of Eagle Creek Avenue
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
DECEMBER 6, 1999
7B
JENNITOVAR,PLANNER
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 99-XX DENYING !
THE VACATION OF A PORTION EAGLE CREEK AVENUE
(PUBLIC HEARING)
Historv: On October 11, 1999 the Planning Department received an
application from Chris Anderson requesting the vacation of the portion
of public roadway located in front of his property at 16020 Eagle
Creek Avenue. Jhe purpose_of the vacation is to give Mr~A!l9:~r~on
_ more P!.<:PflrtY it} Jhe ftQ.J:!! yaI:<l,-J:~~iililngJ:ii=_asUfficrenl arS:l!JoE<l:_
futureg3!a..ge. While variances to impervious surface and possibly
setbacks would be needed for a future garage, the variance request
would be minimized with greater lot area. Mr:Anderson is proposing
to vacate 26.50 ~~K_rig!!t otway with 13 feet being -retained in a
utility-easement for the City.
The existing frontage road is the old CR 21. The City obtained the
frontage road from the County after the improvements were made to
CR 21 within the old railroad right-of-way. The turn back occurred
prior to 1984 and the City has no record of the transaction. There are
legal issues regarding who the property would be conveyed to if the
vacation were approved. The frontage road was not dedicated as part
of a plat, so ownership of the vacate right-of-way would revert to the
original property owners or those having interest in said subdivided
property. The City is currently researching future owners if the
vacation is approved.
Current Circumstances: Notice of this proposal was sent to the DNR.
Attached is a letter stating there is no objection to the proposed
vacation. The DNR points out variances may be needed for a future
garage.
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
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16200 Eagle Creek Ave. S,E" Prior Lake. Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
relates to the compliance with the Comprehensive Plan. On November
8, 1999 the Planning Commission recommended the City Council
deny the proposed vacation as requested. The Planning Commission
also recommended the City Council pursue vacating the excess
roadway for all of Lots 46-55, Lakeside Park.
Upon proper notification, State Statute 412.851 allows the Council to
vacate easement or right-of-way by resolution. The statute also states
that "no such vacation shall be made unless it appears to be in the
public interest to do so". The Planning Commission is of the opinion
it is not in the public interest to vacate a portion of the excess right-of-
way for a single property owner. It makes more sense from a policy
point of view to consider vacating all or nothing, rather than
piecemeal.
The Issues: The City Council must make two determinations. Does
the vacation of the existing roadway comply with the Comprehensive
Plan and is there a public need or anticipated future need for the
dedicated property?
An objective of the Comprehensive Plan is to maintain a choice of and
encourage development of quality residential development. The
requested vacation would allow the opportunity to improve the quality
of development on this lot in the future. Another objective of the
Comprehensive Plan is to enact and maintain policies and ordinances
to ensure the public safety, health, and welfare. By granting the City
adequate utility and drainage easements, the public welfare will not be
degraded.
It is not in the public interest to vacate the right-of-way for a single
property as requested. There are utilities located within the right-of-
way affecting many properties. There are also several encroachments
on this frontage road and the City should consider vacating the
unnecessary roadway adjacent to Lots 46 through 55 with the granting
of easements as necessary. It would be more in the public interest to
vacate a portion of the right-of-way for Lots 46 through 55, rather than
to proceed with the vacation for an individual property owner. (The
portion of the right-of-way in which the road is located would be
retained.)
Conclusion: While the intent of the Comprehensive Plan will be met,
there is a public interest in retaining the entire right-of-way as platted.
The Planning Commission and staff recommend denial of the request
as submitted. The Planning Commission recommends the City
Council direct staff to pursue vacating the entire excess right-of-way
for Lots 46 through 55 to reduce nonconformities of the lots with
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Page 2
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
respect to lot area, impervious surface, and structure setbacks.
Because the City would have to pay for the cost of the vacation
(survey and legal documentation), staff would bring back a
recommendation to the City Council regarding initiating the vacation
with respect to cost and a review of the legal ownership when vacated.
The City Council has three alternatives:
1. Adopt Resolution 99-XX denying the vacation of a portion of the
road adjacent to 16020 Eagle Creek Avenue.
2. Deny Resolution 99-XX.
3. Direct staff to pursue vacating the excess right-of-way for all of
Lots 46 through 55, Lakeside Park.
4. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1 and Alternative #3. A motion and
second to approve Resolution 99-XX denying vacation of the road
adjacent to 16020 Eagle Creek Avenue and direct staff to pursue
vacating the excess right-of-way for all of Lots 46 through 55,
Lakeside Park.
Frank
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Page 3
/
RESOLUTION 99-xx(f)
RESOLUTION DENYING THE VACATION OF 26.50 FEET OF EAGLE CREEK
AVENUE LOCATED ADJACENT TO 16020 EAGLE CREEK AVENUE
BY: SECOND BY:
WHEREAS, a petition for the vacation of 26.50 feet of Eagle Creek Avenue has been duly
presented to the City of Prior Lake, signed by the owners of the property
abutting the following described easement situated in the City of Prior Lake,
Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That portion of the 66.00 foot public roadway shown on the plat of
LAKESIDE PARK, Scott County, Minnesota, adjacent to Lots 53 and 54
of said plat described as follows:
Beginning at the northeast corner of Lot 54 of said plat; thence easterly
along the easterly extension of the northerly line of said Lot 54, to its
intersection with a line drawn parallel with and distant 26.50 feet
easterly (as measured at right angles) of the easterly line of said Lots 54
and 53, of said plat; thence southeasterly along said parallel line to its
intersection with the easterly extension of the southerly line of the north
2.50 feet of said Lot 53; thence westerly along said easterly extension to
the easterly line of said Lot 53; thence northwesterly along said easterly
line and the easterly line of said Lot 54, to the point of beginning; and
WHEREAS, notice of the hearing on said petition 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, December 6, 1999, at
7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and
WHEREAS, 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, The Planning Commission considered the vacation on November 8, 1999 and
recommended the City Council deny the request as it is not in the public
interest to vacate the excess right-of-way for an individual property owner on a
street and recommended the City Counc', " .iVacating the excess rig)1t-of-_
',.' .,-' ~
way for all of Lots 46 through 55, LakesideYar1C; an \ ( \
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f:\dept\planning\99fi1es\99vac\99-083\rs99xxcc.doc Page 1
16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
WHEREAS, the City Council of Prior Lake has determined that the vacation of said road
right-of-way would not be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
that pursuant to Minnesota Statues 412.851, the 26.50 feet of right-of-way of Eagle
Creek Avenue (16020 Eagle Creek Avenue) described above in the City of Prior Lake,
Scott County, Minnesota to be vacated is hereby denied.
Passed and adopted this 6th day of December, 1999.
YES
NO
MADER MADER
KEDROWSKI KEDROWSKI
PETERSEN PETERSEN
SCHENCK SCHENCK
WUELLNER WUELLNER
Frank Boyles, City Manager
City of Prior Lake
{Seal}
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NOTE
THE INFORMATION FOR
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EXISTING PROPERTY DESCRIPTION:
Lot 54, and the north 2.50 feet ofLDt 53, LAKESIDE PARK, Scott County, Minnesota. .<
RECOMMENDED DESCRIPTION FOR V ACA TION:
A request to vacate fthat portion of the 66.00 foot public roadway shown on the plat of
LAKESIDE PARK, Scott County, Minnesota., adjacent to Lots 53 and 54 of said plat
described as follows:
Beginning at the northeast comer of Lot 54, of said plat; thence easterly along the
easterly extension of the northerly line of said Lot 54, to its intersection with a line drawTI
parallel with and distant 26.50 feet easterly (as measured at right angles) of the easterly
line of said Lots 54 and 53, of said plat; thence southeasterly along said parallel line to its
intersection with the easterly extension of the southerly line of the north 2.50 feetof said
Lot 53; thence westerly along said easterly extension to the easterly line of said Lot 53:
thence northwesterly along said easterly line and the easterly line of said Lot 54, to the
point of beginning. I
Reserving to the City of Prior Lake an easement for public waterrnain and utIlity
purposes over, under and across the easterly 13.00 feet and the northerly 9,00 feet of the
above described property.
Also granting to the City of Prior Lake, an easement for public utility purposes that part
of Lot 54, LAKESIDE PARK, Scott County Minnesota, described as follo\'.;s:
Beginning at the northeast comer of said Lot 54: thence westerly along the northerly line::
of said Lot 54, a distance of 3.00 feet; thence southerly at right angles a distance of 900
feet; thence easterly parallel with said northerly line to the easterly line of saId Lot 54:
thence northerly along said easterly line to the point of beginning,
16020 Eagle Creek Avenue
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Minnesota Department of N atural Resource~( !
DNR Waters, 1200 Warner Road, St. Paul, MN 551O?, i' j
Phone: 651-772-7910 Fax: 651-772-7977 IU
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October 26, 1999
Ms. Jenni Tovar
Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
RE: APPLICATION BY CHRIS ANDERSON FOR STREET VACATION, EAGLE CREEK
AVENUE
Dear Ms. Tovar:
I have reviewed the above referenced proposal to vacate a frontage road for the purpose of
creating space to build a garage. DNR has no objection to this request. Please by advised that
the construction of a garage on this lot may require a variance to the City of Prior Lake's
impervious surface ordinance.
If you have any questions, please contact me at 651-772-7910.
Sincerely,
l=l.!/~
Patrick J. Lyncfi ill
Area Hydrologist
DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
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Planning Commission Minutes
November 8. 1999
Krier said he would like to address some of the Commissioner's concerns. The
Commissioners felt it was not appropriate to reconsider this issue because of staff s
concerns about review time and the fact that persons appearing for the public hearing
were not present.
5. Old Business:
6. New Business:
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A. Case File 99-083 Chris Anderson is requesting a vacation of a portion of
frontage road located adjacent to 16020 Eagle Creek Avenue.
Planner Jenni Tovar presented the Planning Report dated November 3, 1999, on file in
the office of the City Planner.
The Planning Department received an application from Chris Anderson requesting the
vacation of the portion of public roadway located in front of his property. The purpose
of the vacation is to give Mr. Anderson more property in the front yard, resulting in a
private area for a future garage. While variances would be needed for a future garage, the
variance request would be minimized with greater lot area. Mr. Anderson is proposing to
vacate 26.50 feet of right-of-way with 13 feet being retained in a utility easement for the
City. The intent of the Comprehensive Plan will be met, however, there is a public
interest in retaining the entire right-of-way as platted. Planning staff recommended
denial of the request as submitted.
Comments from the public:
Chris Anderson, 16020 Eagle Creek Avenue, felt there was adequate distance to the road
for utilities. He would like to build a garage stating his neighbors would like to see him
complete it as soon as possible. Anderson would like to expedite the process. Neighbors
signed a petition in support.
Comments from the Commissioners:
Stamson:
. Concurred with staff to vacate the entire portion of properties along the frontage road.
It would solve the problems and make the neighborhood more attractive.
. There is no public interest.
. Agreed with staff to deny this request and vacate the entire roadway. Do not vacate
the right-of-way in a piecemeal fashion.
V onhof:
. Agreed. As an action of this now, it should be denied. There should be a companion
motion brought before the Commission for the entire area.
I :\99fi1es\99p1comm\pcmin\mn 11 0899.doc
9
Planning Commission Minutes,
November 8,1999
Cramer:
. Agreed with the Commissioners' views. Vacate the entire portion.
Tovar said this action will go before the City Council on December 6, 1999. The process
of vacating the entire roadway by the residents could take 3 to 6 months. It could be a
costly project for the City.
Anderson said the entire street was surveyed in 1994 by Valley Survey. It would only
have to be updated.
Rye said the City needs a survey of what needs to be vacated. It is a private roadway.
MOTION BY CRAMER, SECOND BY STAMSON, TO DENY THE VACATION
REQUEST AS PRESENTED.
Vote taken signified ayes by all. MOTION CARRIED.
MOTION BY CRAMER, SECOND BY STAMSON, TO RECOMMEND CITY
COUNCIL RESEARCH THE RIGHT -OF- WAY FOR VACATION.
Vote taken signified ayes by all. MOTION CARRIED.
B. Case File 99-069 Charlotte Roehr is requesting the vacation of a portion of
Red Oaks Road adjacent to Lots 27-37, Red Oaks.
Planning Director Don Rye presented the Planning Report dated November 8, 1999, on
file in the office of the Plan Director.
City Ordinance Section 1105.402 requires road access for uses permitted within
designated flood areas to have road access at or above an elevation of not more than 2
feet below the regulatory flood protection elevation. Therefore, the minimum road access
for structures on Prior Lake is 907.9. Charlotte Roehr has received an OHW setback and
driveway width variances. A condition of the variance was the road be elevated as
required by City Ordinance. Considering the road is public, there are options for a
private property owner to construct such improvements. Such options include entering
into a "Private Use of Public Property" Agreement, petitioning the City for a public
improvement project, or requesting the City vacate the road.
The intent of the Comprehensive Plan will be met as well as satisfying the public need for
the utility/drainage easements. The Planning staff recommended approval of the vacation
of the roadway subject to the granting of a drainage and utility easement over the
roadway being vacated.
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10
PrkrLaleatyQud
PUBLIC HEARING
~:
Please register below if you wish to address the Council
as part of the following public.hearing. THANKYOUI
TO CONSIDER APPROVAL OF THE
VACATION OF A PORTION OF EAGLE CREEK AVENUE.
***
December 6, 1999