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Home My WebLink About7.e. Vacation of a Portion of the Drainage and Utility Easements Over 2167 136th Street West, Case 14-31-VAC 4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: April 15, 2014 AGENDA ITEM: Case 14-31-VAC Vacation of a Portion of the AGENDA SECTION: Drain age and Utility Easements Over 2167 Public Hearing 136 Street West PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner ATTACHMENTS: Resolution, Site Map, Engineering Memo APPROVED BY: dated 4/10/14, Letter from Applicant, Survey O� RECOMMENDED ACTION: Motion to adopt a resolution approving vacation of the drainage and utility easements over the northern 30 feet of Lot 5, Block 5, Biscayne Pointe 5th Addition, subject to conditions. SUMMARY Applicant&Property Owner(s): Chad and Katie Kostecka Location: 2167 136`h Street West Area in Acres: 0.30 Acres (12,600 square feet) Comp. Guide Plan Desig: LDR—Low Density Residential Current Zoning: R-1,Low Density Residential The applicants, Chad and Katie Kostecka, request vacation of a portion of the drainage and utility easement over their property located at 2167 136th Street West. Vacation of this easement is necessary to allow installation of a 15'by 30' above ground swimming pool. By Statute, easement vacations require a public hearing and approval by the City Council. Staff recommends approval of this request based on the findings outlined in the Engineer's memo dated April 10, 2014. ISSUE ANALYSIS The subject property is part of Biscayne Pointe 5th Addition which was platted in 2003 by Heritage Development. At that time, the adjacent properties were not platted. As a result, the Engineering Department required large drainage and utility easements in the rear yards of perimeter properties to ensure drainage could be contained within the development. Grading and development are prohibited within drainage and utility easements restricting use of these areas by individual property owners. A similar drainage and utility easement vacation application was filed by a neighboring property in 2010 (Edward and Ann Rognerud of 13631 Birnamwood Trail — Lot 3, Block 3 Biscayne Pointe 5th Addition). In that case, the applicant also sought to vacate the easement to install a pool. The City Council approved that request after reviewing the proposal and holding a public hearing during the May 18, 2010 meeting. RECOMMENDATION Staff recommends approval of this request subject to conditions. This recommendation is based on the information submitted by the applicant, the fmdings made in the Engineer's memo dated April 10, 2014 and the condition that the applicant maintains a ten (10) foot drainage and utility easement along the rear property line. Site Map for 2167 136th Street West Easement Vacation MI C Future Bella Vista Development SI ■1111=1 . I.. Pill�I 1f k � ç Imo 1 ,________ ill U.... a 'III. S 1 ii,MI WWI _ u 2167 136th Street est \ //) [ Iv.I i-i Ii 1St all 1 til ;a /7 Bloomfield Park hi1 SJjjjj1 ..\, .... __cc_ a __ ... . s tt Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 252 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 4/10/2014 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2014- A RESOLUTION APPROVING THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 2167 136TH STREET WEST WHEREAS,the Community Development Department of the City of Rosemount received an application Chad and Katie Kostecka of 2167 136th Street West requesting vacation of a portion of the drainage and utility easement for the property legally described as: Lots 5,Block 5,Biscayne Pointe 5th Addition,Dakota County,Minnesota. WHEREAS, on April 3, 2003,the City of Rosemount approved the Final Plat for Biscayne Pointe 5th Addition including a drainage and utility easements over the northern 30 feet of Lots 1-5, Block 5 of the plat; and WHEREAS,the Kostecka's application included a survey to re-grade the subject property and reduce the easement to the northern 10 feet of Lot 5,Block 5 Biscayne Point 5th Addition; and WHEREAS, the Engineering Department reviewed this proposal in their memo dated April 10, 2014 and found it acceptable; and WHEREAS,the City Council held a public hearing to review this proposal on April 15, 2014; and NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves vacation of a portion of the drainage and utility easement at 2167 136tH Street West legally described as: The northern 30 feet of Lot 5, Block 5,Biscayne Pointe 5th Addition,Dakota County Minnesota Subject to the following condition: 1. The recording of a drainage and utility easement over the northern 10 feet of 2167 136tH Street West as prepared by Probe Engineering Company,Inc. RESOLUTION 2014- ADOPTED this 15th day of April,2014 by the City Council of the City of Rosemount. William H.Droste,Mayor ATTEST: Amy Domeier, City Clerk Motion by Second by Voted in favor. Voted against: Member absent: 2 4 ROSEMOUNT PUBLIC WORKS MEMORANDUM DATE: April 10, 2014 TO: Jason Lindahl, Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, Director of Public Works / City Engineer Kathie Hanson, Planning Department Secretary Eric Zweber, Senior Planner FROM: Phil Olson, Assistant City Engineer RE: 2167 136th Street: Easement Vacation SUBMITTAL: Engineering review comments were generated from a Certificate of Survey prepared by Probe Engineering Company, Inc. The Certificate of Survey is dated March 21, 2014. SITE COMMENTS: The applicant has requested the City to vacate a portion of the drainage and utility in the rear of the property. The request to vacate the drainage and utility easement is supported for the following reasons. • There are no public or private utilities currently within the easement requested to be vacated. • Drainage from adjacent properties does not enter the easement area proposed to be vacated. • Site drainage from the 2167 1366 Street is proposed to be maintained in the existing drainage patterns. • A 10 foot wide drainage and utility easement is proposed to remain along the rear of the property. This easement width is consistent with City standards. Should you have any questions or comments regarding the items listed above,please contact me at 651-322-2015. To the City of Rosemount, We are writing you to request your approval of a proposed easement vacation at 2167 136`h Street West, Rosemount, MN 55068, also known as Lot 5, Block 5 Biscayne Point, Fifth Addition. Probe Engineering Inc., the original development engineer, along with myself, have created the enclosed plan to re-grade the site aligning with existing contour on the adjacent lots to allow vacation of the North 30 feet of the existing drainage easement to allow the installation of a 15 x 30 foot above ground swimming pool. We are requesting the vacation due to the existing drainage easement taking the North 30 feet of the lot and therefore making the project not practical. As requested by City of Rosemount staff, we have submitted 3 copies of the engineering plan, and sent a PDF copy to Phil Olson of the City Engineering Department. Please contact me if you have any questions or need more information at 651.423.2828. Thank you, Chad and Katie Kostecka 2167 136th St W. Rosemount, MN 55068 PROJECT ND. 15422.00 �96i 5 92, -. 1---- EXISTING HOUSE19B96 EXISTING HOUSE 5. 9536 953-61 pe3-61 (\ PREPARED FOR: ■I I I \ x0922 CHAD KOSTECKA I %922 6 x PATIO :983.5\ \ i/ 963.5 _-. ) \ �\ l t ADDRESS: 2167- 136TH S/REET%CST \ !JI CERTIFICATE OF SURVEY 595 95�� / / / i x984 � 953 _,___.--.__ ... / %92a.n �/ / / 30.0 // N89°50'49"Ei / yl ro r. %952] rn3 I 9922 992.6 923.2 100.00 / , EASEMENT VACATION __ %96.1.3 T--•g--+i, --•'---.5 .._ t—.-„_y.�....y _„9p2 6 992op " _ 963 �'6 _ /955 f Lot 5,Block 5,Biscayne Pointe Fifth Addition - f�l @ /' 1'/ Vacate the south 20 feet of the North 30 feet of Lot 5,Block 5,Biscayne Point Fifth Addition, ___ - 92a 3 S,j 56347-. (985 )� m H l I 110 except the West 5.00 Feet thereof and the East 1000 feet thereof. , ca 525.: `� g9]Z v 99 a-_ I i ISO"I `P—O Itsl %j- s 8.7 % 9525 EXIS`ING / EAS:WENT TO `96<.:3 s M1 " '1FJ1 •� 9895) / _ yyy((( 9650 —� BE V t CATED —_._ls -J 93-3/°96]G� 056.2 I. . IWa a�� , LOT . 5 r. ' ' 990.° ' „1 1 931 Bx 1 %`i92'1 .9923 k 0 �Z w i l r 655-3 %9655 i1 969`J / fL Qz.. Ts2P F ed L..=~` %991 0 // %992.6 N U O EXISTING HOUSE ��114111 z! EXISTING HOUSE al al SCALE : 1 s 20' Legal Description: 1 I I taco _ LOT 5, BLOCK 5, BISCAYNE POINTE FIFTH ADDITION, T r---- , +9938 110 DAKOTA COUNTY, MINNESOTA in it u 5 I 8 / /),,,,,> I hereby certify that this is a true and correct L m representation of a tract as shown and described hereon. As prepared by me this 21st 0 day of MARCH, V 2014. D Q. L2014., 75.00 Q L-^ -Minn. Reg. No. 19086 N89°45'S8'W RUSSELL P. DAMLO CURB 991.00 o WNSIIInNC plus. 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