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Home My WebLink About7.a. Vacate a Portion fo the Drainage and Utility Easements over 2201, 2217, and 2233 Birch Street 4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: August 4, 2014 AGENDA ITEM: Case 14-41-VAC Vacate a Portion of the AGENDA SECTION: Drainage and Utility Easements Over 2201, 2217, and 2233 Birch Street Public Hearing PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner ATTACHMENTS: Resolution, Site Map, Engineering Memo APPROVED BY: dated 7-30-14, Biscayne Pointe 3rd Addition Plat RECOMMENDED ACTION: Motion to adopt a resolution approving vacation of a portion of the drainage and utility easements over Lots 1, 2, and 3, Block 3 of Biscayne Pointe 3rd Addition, subject to conditions. SUMMARY Applicant&Property Owner(s): Shawn and Shann Kurth Location: 2217 Birch Street Area in Acres: 14,083 square feet Comp. Guide Plan Desig: LDR— Low Density Residential Current Zoning: R 1,Low Density Residential The applicants, Shawn and Shann Kurth, request vacation of a portion of the drainage and utility easement over their property located at 2217 Birch Street. Because this easement impacts the adjacent properties, staff also recommends vacation of a portion of the drainage and utility easements over 2201 and 2233 Birch Street. Staff followed the required publishing and mailing notification process as well as spoke by phone with each effected property owner and all three indicated their support for the proposed vacation. Vacation of these easements is supported to allow the property owners greater use of their rear yards. 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 July 30, 2014. ISSUE ANALYSIS The subject property is part of Biscayne Pointe 3' Addition which was platted in 2000. At that time, the adjacent properties to the north were not platted. As a result, the Engineering Department required large drainage and utility easements in the rear yards of the subject properties to ensure drainage could be contained within the Biscayne Pointe 3' development. As a result, grading and development were prohibited within drainage and utility easements, restricting use of these areas by individual property owners. With the development adjacent to the properties there is no need for the extra-wide easements. Staff is recommending to maintain a ten foot easement which is the typical easement size required in rear yards. Recently, the City has approved similar requests. In both 2010 and 2014, the City approved similar drainage and utility easements vacations for two properties in Biscayne Point 5`h Addition to allow placement of backyard swimming pools. RECOMMENDATION Staff recommends approval of this request subject to conditions. This recommendation is based on the information submitted by the applicant,the findings made in the Engineer's memo dated July 30,2014 and the condition that the subject properties maintain a ten (10) foot drainage and utility easement along the rear property line. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2014- A RESOLUTION APPROVING THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OVER LOTS 1, 2, AND 3, BLOCK 3 OF BSICAYNE POINTE THIRD ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application Shawn Kurth of 2217 Birch Street West requesting vacation of a portion of the drainage and utility easement for the properties legally described as: Lots 1,2,and 3,Block 3, Biscayne Pointe Third Addition The south 20.00 feet of the north 30.00 feet of said Lot 1,Block 3, except the westerly 10.00 feet and easterly 5.00 feet thereof. The south 20.00 feet of the north 30.00 feet of said Lot 2,Block 3, except the westerly 5.00 feet and easterly 5.00 feet thereof. The south 20.00 feet of the north 30.00 feet of said Lot 3, Block 3, except the westerly 5.00 feet and easterly 5.00 feet thereof WHEREAS, on March 21, 2000,the City of Rosemount approved the Final Plat for Biscayne Pointe 3' Addition including a drainage and utility easements over the northern 30 feet of Lots 1-3, Block 3 of the plat; and WHEREAS, the Engineering Department reviewed this proposal in their memo dated July 30, 2014 and found it acceptable; and WHEREAS, the City Council held a public hearing to review this proposal on August 4, 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 2201 Birch Street West,2217 Birch Street West, and 2233 Birch Street West in Biscayne Pointe 3rd Addition, legally described as: Lots 1, 2, and 3, Block 3, Biscayne Pointe Third Addition The south 20.00 feet of the north 30.00 feet of said Lot 1,Block 3,except the westerly 10.00 feet and easterly 5.00 feet thereof. The south 20.00 feet of the north 30.00 feet of said Lot 2,Block 3,except the westerly 5.00 feet and easterly 5.00 feet thereof. The south 20.00 feet of the north 30.00 feet of said Lot 3,Block 3, except the westerly 5.00 feet and easterly 5.00 feet thereof. RESOLUTION 2014- Subject to the following condition: 1. The recording of a drainage and utility easement over the northern 10 feet of 2201,2217, and 2233 Birch Street West as prepared by WSB&Associates,Inc. ADOPTED this 4`h day of August,2014 by the City Council of the City of Rosemount. William 1-1 Droste,Mayor ATTEST: Clarissa Hadler, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: 2 PROPOSED DRAINAGE AND UTILITY EASEMENT VACATION 10.0 10.0 10.0 w z w O O LOT 2 LOT 1 i r U oCrC LOT 3 M 8� BISCAYNE POINTE THIRD ADDITION i i BIRCH STREET Preparedby. X BISCAYNE POINT THIRD ADDITION A& MI-eaaAvenue55416 Sac 3W Easement Vacation ROSEMOLINT {�{�SB Limneepabs,MN55116 Parcel Sketch te1 17631 541-48W Fax-4763157117,0 I wsben8.com Rosemount, Minnesota MINNESOTA 7 i r 0 1 20o Date 61912014 Project No 1005-00 Biscayne Pointe 3rd Addition Easement Vacation Site Map onRemara rah „ F _ r l{ w 138TH ST t"O � r^ g t - � J* St. Joseph's ZF 1 aRTH 57 VV uect .r FI %i if.T ' a y r: 0 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted Map Scale for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. 1 inch = 400 feet 7/30/2014 !� ROSEMOUNT PUBLIC WORKS MEMORANDUM DATE: July 30, 2014 TO: Jason Lindahl, Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, Director of Public Works / City Engineer Amy Roudebush, Planning & Personnel Secretary Eric Zweber, Senior Planner FROM: Phil Olson, Assistant City Engineer RE: Biscayne Point 3rd Addition: Easement Vacation SUBMITTAL: At the request of the property owner at 2201 Birch Street West,the engineering department has evaluated the need for a 30-foot wide rear yard drainage and utility easement. The City has determined that a portion of the drainage and utility easement can be vacated. Also,a portion of the drainage and utility easement can be vacated on the adjacent properties at 2233 Birch Street West and 2217 Birch Street West. SITE COMMENTS: The request to vacate a portion of the drainage and utility easements 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 all properties 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. COP Y �IS BISCAYNE POINTE THIRD ADDITION I g I I I I , I el 100 0 100 700 WE �. 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