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HomeMy WebLinkAbout6A 5953 Cedarwood Street ReportPRIQ� FV U F'' 4646 Dakota Street SE �I� / Prior Lake, NW 55372 'MESO'A PLANNING COMMISSION AGENDA REPORT MEETING DATE: JUNE 2, 2014 AGENDA #: 6A PREPARED BY: JEFF MATZKE, PLANNER PUBLIC HEARING: NO AGENDA ITEM: REVIEW REQUEST TO VACATE A DRAINAGE AND UTILITY EASEMENT LOCATED AT 5953 CEDARWOOD STREET NW DISCUSSION: Introduction Derrick Long has requested the vacation of a drainage and utility easement located within a residential property located at 5953 Cedarwood Street NW. History On August 23, 1982, the Sand Pointe 2nd Addition plat was filed in the Scott County Offices including a dedicated public easement over the southern 25 feet of Lot 11, Block 2 as identified in the attached survey. The easement was granted for the purpose of maintaining a drainage and utility area for the individual lots in the plat. Current Circumstances The property owner, Derrick Long would like to utilize some of the area in the rear yard of Lot 11 to possibly place a structure or storage area. This location on the property is currently in an area designated as a 25 foot wide drainage and utility easement. The typical rear yard drainage and utility easement is 10 feet in width. As required by State Statute 462.358 Subd.7, the Planning Commission is required to make a recommendation to the City Council regarding the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. Upon proper notification, State Statute 462.358 allows the Council to vacate easements by resolution. The statute also states "no such vacation shall be made unless it appears to be in the public interest to do so." ISSUES: The Planning Commission must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Comprehensive Plan Review The Comprehensive Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation of the northern 15 feet of this easement is not inconsistent with any specific goal or objective of the Comprehensive Plan. Public Need City Staff has reviewed the request and finds that no public need is required for a larger than standard rear yard 10 foot wide easement located on Lot 11. No public utility lines reside in this easement area and only a 10 foot easement area is necessary for drainage purposes. Therefore, the current 25 foot wide easement area may be reduced to a 10 foot wide easement area and the northern 15 feet of the current easement can be vacated. ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the proposed 15 foot wide easement vacation or with changes recommended by the Commission. 2. Motion and a second to continue the discussion to a date and time certain to allow the staff to provide additional information specifically requested by the Planning Commission. 3. Based upon expressed findings of fact, motion and a second to recommend the City Council deny part or all of the application based upon inconsistency of the proposal with specific regulations of Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. RECOMMENDED Alternative #1 MOTION: ATTACHMENTS: 1. General Location Map 2. Survey Identifying Easement Area M u a_ r r ,� cam' ,! e, � � . !� � S • `� '�" ? ry � ,.... +rN ' -{� c d' '1 � � ,• � � M µ Mrd � �. � , � d �r�. .� � � i' ++ _ _ _ _ _ _ . _ _ _. — .. — — _ _ _ .- _ '1 f lip - , f i nC i w. r 1,,i f a Subject Site Y" AO p"l a f * .. }},,IL " �,• .� r' 'tip S • wu AMR Oro 1 W�. .�. x e $ ^b vw �. ti 4 1 R V E Y Q R' S CERTl F I CATE GRAND OAKS DEVELOPMENT COMPANY I� CEDARWO4© _ frvoza} = s ",.55 TR EE T 2 � 1 u� s• to WS I_ -Z7Jr '✓ �) o GAR e 1 [F��LU(loa6.a} O LU I W� o' PROPOSED co Housi a Proposed 15 foot wide i Q 40_0 _ 275 _ Easement Vacation Area i+�., L f�eo2.p) rroo:.oj ---� -- I 2.5 _apRA!lYAGE a 5 EA,5EMEh17 PE7 PLAT _� + ©WO - 11 10 feet C9�9-) �•� r� �� _\Y rsszo) J !1"; S��f �r Ol.1r[YY� --e-- DENOTES PROPOSED SUP, "ACE DRAINAGE 0 DENOTES IRON MONU'11ENT SE i SCALE: 1 INCH = 30 FEET 0DENOTES IRON MONJVENT FOUND PROPOSED GARAGE FLOOR = 1006.5 FEET X0000 DENOTES EXISTING EL"c:Vr; ON PROPOSED LOWEST FLOOR - • 998.7 FEET` (000.0) DENOTES PROPOSED ELEVATION PROPOSED TOP OF FOUNDATION = ioo6.8 FEET I HEREBY CERTIFY TO GRAND OAKS DEVELOPMENT COMPANY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY DF THE BOUNDARIES OF: Lot tl, Block 2. SAND POINTE 2ND ADDITION, according to the recorded plat thereof, Scott County, Minnesota. AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON .'17D LAND. AS SURVEYED BY ME THIS 15TH DAY OF OCT. 1982. SIGNED: JAMES R_ HILL, INC. AROLD C. PETERSON, LAND SURVEYOR RE'vrsEv 10-20-8270 SHOW ORIVE`WAYLo"T.10N. MINNESOTA LICENSE NO. 12294 PROJECT u0. BOOK Y PAGE JAMES R. HILL, INC. Planners /]Engineers / Surveyors FILFZ NU, 8200 Humboldt Avenua South FOLDER BioornInQton, Mri- 55431 572-884-30257