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Home My WebLink About4.a. Karl Hagen RequestCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: September 19, 2000 AGENDA ITEM: Karl Hagen, 14012 Belmont Trail AGENDA SECTION: Response to Public Comment PREPARED BY: Rick Pearson, City Planner AGEND P. 4 A ATTACHMENTS: Survey, Biscayne Pointe Plat excerpt APPROVED BY: SUMMARY Mr. Hagen purchased a home in Biscayne Pointe Second Addition, backing up to the Union Pacific railroad tracks north of Bloomfield. Mr. Hagen then had a slab poured alongside his garage for additional parking. According to the attached survey, his garage is 20 to 29 feet east of the side property line, thus meeting the typical side yard setback of ten feet for parking. Unfortunately, Mr. Hagen's lot has a 15 ft. wide drainage & utility easement which runs along the side for a storm sewer pipe. The slab encroaches into the easement. The pipe is deep, and the wide easement is needed for a deep trench in case the pipe ever needs repair or replacement. Mr. Hagen approached the Building Department for a Certificate of Occupancy (C.O.) in order to close on the property the next day. The Building Department issued the C.O. conditioned on removal of the part of the slab, which encroached into the easement. This action was an accommodation to Mr. Hagen for his closing. The C.O. could have been withheld or denied until the slab encroachment was removed. Subsequently, Mr. Hagen requested a variance or a stipulation in his deed which would require removal of the slab in the event of the need to excavate the utility easement. Staff believes that the easement is there to protect the storm water pipe, which serves the larger development and that the simplest solution is to respect the restrictions of the easement by removing the encroaching slab. COUNCIL DIRECTION Based upon the discussion that occurred on Wednesday evening at the Committee of the Whole, Staff will require that the conditions of the Certificate of Occupancy be enforced. RECOMMENDED ACTION: Motion to direct staff to enforce the conditions of the Certificate of Occupancy CITY COUNCIL ACTION: 944.4 BENCH MARK TOP OF PIPE \ f p1NN� l 9428 \\ Fgineering Reviewed= ELEV.-951.22 944.7 �. a ,-� -� .tl p �s 943.8 \ 1 a ra \ 93T.6 a b �\ p►L PILES StL.T NO GHT.OF -WAY \ \. 22 _ \ \ \ \ \ --- R \ (VACANT) \ ;EROSION CONTROL (/ 1MV 4 \\ MUST BE IN PLACE \�\ FOO'� M ',* \ BEFORE FOOTINGS 9400 R1VEwP'Y W ( \� PASS INSPECT ON d PV` 4 �O JA N 2 0 2000 , ` N By \'o ._ 56 936.8 PROPOSED HOUSE ELEVATION NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN Or PROBE LOWEST FLOOR ELEVATION: �ZLO NOTE: BUILDING DIMENSIONS SHOWN ARE FOR HOMZONTAL AND VERTICAL LOCATION TOP OF BLOCK ELEVATION: 6S. OF STRUCTURES ONLY. SEE ARCHITECTUAL PLANS FOR BUILDING AND q 6 2. 7 FOUNDATION DIMENSIONS. GARAGE SLAB ELEVATION: NOTE: NO SPECIFIC =3 INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR, THE SUITABILITY OF SOILS TO SUPPORT THE SPECIFIC HOUSE TOB O LOOKOUT ELEVATION: PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. NOTE: THIS CERTIFICATE DOES NOT PURPORT To SHOW EASEMENTS OTHER THAN X 000.00 DENOTES EASING ELEVATIOt THOSE SHOWN ON THE RECORDED PLAT ( DoaO ) DENOTES PROPOSED ELMIM — — DENOTES DRAINAGE AND UTILITY EASEMENT NOTE: CONTRACTOR MUST VERIFY DRIVEWAY DESIGN. — OENDIES DRAINAGE FLOW DRECWN NOTE: BEARNOS SHOWN ARE BASED ON AN ASSUMED. DATUM —•!— DENOTES MONUMENT DEtI0TE5 OFFSET Hub WE HEREBY CERTIFY TO KEYLAND HOMES THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 22, BLOCK 1, BISCAYNE POINTE SECOND ADDITION DAKOTA COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCHROACHMENTS, EXCEPT AS SHOW AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 6 DAY OF JANUARY, 1999. S11 ED: tEER EN G. .A. SCALE : 1 INCH = 50 FEET BY G Larson. L.S. Reg. No. 19828 2612 199520.04 JJS ROOF V ■■■ ■■■ ,. ■■■ ■■■ — R0 sc VDER BAY 2422 Enterprise Drive Mendota Heights. MN 55120 681 -1914 FAX 681 -9488 * PIONEER LVO VJW41 S . ova aCKM E —moi PIONEEROPRESSENTMCOM engineering I" pLAW . L'"ISC' K PAWIM 625 H' 10 N.E. :* Tk Blaine. 2 � 880 FAX:783 -1883 E —moik PIONEER20 Certificate of Survey for: KEYLAND HOMES 14012 BELMONT TR 3655 - 111 —A CLIENT- HAGEN/MYRE PTV 0 BENCH MARK INSTALL FORD A -1 METER BOX "�` / TOP of P►PE E TD COVER OVER CURB BOX IN DRIVI WA CHI% Lo. � f O.' Pff z 944.4 BENCH MARK TOP OF PIPE \ f p1NN� l 9428 \\ Fgineering Reviewed= ELEV.-951.22 944.7 �. a ,-� -� .tl p �s 943.8 \ 1 a ra \ 93T.6 a b �\ p►L PILES StL.T NO GHT.OF -WAY \ \. 22 _ \ \ \ \ \ --- R \ (VACANT) \ ;EROSION CONTROL (/ 1MV 4 \\ MUST BE IN PLACE \�\ FOO'� M ',* \ BEFORE FOOTINGS 9400 R1VEwP'Y W ( \� PASS INSPECT ON d PV` 4 �O JA N 2 0 2000 , ` N By \'o ._ 56 936.8 PROPOSED HOUSE ELEVATION NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN Or PROBE LOWEST FLOOR ELEVATION: �ZLO NOTE: BUILDING DIMENSIONS SHOWN ARE FOR HOMZONTAL AND VERTICAL LOCATION TOP OF BLOCK ELEVATION: 6S. OF STRUCTURES ONLY. SEE ARCHITECTUAL PLANS FOR BUILDING AND q 6 2. 7 FOUNDATION DIMENSIONS. GARAGE SLAB ELEVATION: NOTE: NO SPECIFIC =3 INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR, THE SUITABILITY OF SOILS TO SUPPORT THE SPECIFIC HOUSE TOB O LOOKOUT ELEVATION: PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. NOTE: THIS CERTIFICATE DOES NOT PURPORT To SHOW EASEMENTS OTHER THAN X 000.00 DENOTES EASING ELEVATIOt THOSE SHOWN ON THE RECORDED PLAT ( DoaO ) DENOTES PROPOSED ELMIM — — DENOTES DRAINAGE AND UTILITY EASEMENT NOTE: CONTRACTOR MUST VERIFY DRIVEWAY DESIGN. — OENDIES DRAINAGE FLOW DRECWN NOTE: BEARNOS SHOWN ARE BASED ON AN ASSUMED. DATUM —•!— DENOTES MONUMENT DEtI0TE5 OFFSET Hub WE HEREBY CERTIFY TO KEYLAND HOMES THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 22, BLOCK 1, BISCAYNE POINTE SECOND ADDITION DAKOTA COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCHROACHMENTS, EXCEPT AS SHOW AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 6 DAY OF JANUARY, 1999. S11 ED: tEER EN G. .A. SCALE : 1 INCH = 50 FEET BY G Larson. L.S. Reg. 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