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Home My WebLink About4.b. Karl Hagen, 14012 Belmont Trail; Survey, Biscayne Point Plat ExcerptCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: September 5, 2000 AGENDA ITEM: Karl Hagen, 14012 Belmont Trail AGENDA SECTION: Response to Public Comment PREPARED BY: Rick Pearson, City Planner AGENDA 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. The City Council is asked to choose from the following options: 1. Require that the portion of the slab that currently encroaches into the easement be removed in accordance with the conditional Certificate of occupancy. (Staff recommendation) 2. Indicate to Mr. Hagen that the Council would be willing to consider a deed restriction (provided by Mr. Hagen's attorney at his expense) that would allow him the ability to keep the slab, but acknowledge the city's right to remove the easement encroachment without reimbursement or replacement. Staff believes that the second option would create an undesirable precedent, and that if the easement were not really needed, than it should be vacated. However, the storm sewer pipe is in the ground, and that the Developer knew of the necessity for the pipe and the easement requirements. RECOMMENDED ACTION: Staff is asking for Council direction regarding this issue. CITY COUNCIL ACTION: e 2422 Enterprise Drive -jK Mendota Heights. MN 55120 (851) 881 -1914 FAX681 -9488 *PIONEER LAW SURWYMS . CIVIL COOKS" E—mail: PIONEEROPRESSENTER.COM * @ne fl @ @r ne intro rLAWWJM. OADSCAVC ANKYEM 625 Highway 10 N.E. Blaine, MN 55434 (612) 783 -1 BW FAX 783-1663 E —mail: PIONEER20PRESSENTER.COM Certificate of Survey for: KEYLAND HOMES 14012 BELMONT TIR 3655 -IN -A CLIENT- HAGENJMYRE, \� INSTALL FORD A -1 ME-TER BOX BENCH MARK iT COVER OVER CURB BOX IN DRIVE 1 OP OF PIPE ELEV. =950.29 CY LP. T) 10 949. �� \ gt p 944.4 ,p 2W etlu•� ~ ti�1' ^aN 9,2 8 \ \ gineering Review �W oA leg O 944.7 \ 1 " V � -� --�'� a n a \ 2 943.8 \ 1 wN \ \ \ 937.6 W - , \\ IL PILES `\ ` W' p SPO 15 S�t,T F�t�•E \ R►GHT -OF -WRY \ \ \' IN 22 2 \ tow EROSION CONTROL l ' Ve11 �� MUST BE IN PLACE \ \\ ; 22 FO YPW \\ BEFORE FOOTINGS ' 0 940 � ,�\ e\NA PASS INSPE�c N co _ - PG tS � Q6R e� -2tn JAN 2 0 2000 By � \ �.t+j9 o � ._ 56 936.9 PROPOSED MOUSE ELEVATION ^ NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN DY: PROBE - / LOWEST FLOOR ELEVATION: '10 . NOTE: BUILDING DIMENSIONS SHOWN ARE FOR HORIZONTAL AND VERTICAL LOCATION - TOP OF. BLOCK ELEVATION: �_ OF - STRUCTURES ONLY. SEE ARCHITECTUAL PLANS FOR BUILDING ANO .GARAGE SLAB ELEVATION: 0 / $z . 7 FOUNDATION DIMENSIONS. NOTE: No SPECIFIC SaLS INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYgt. 1HE SUITABILITY OF SGLS TO SUPPORT THE SPECIFIC HOUSE TOB 0 LOOKOUT ELEVATION: PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. X E 000.00 DENOTES EXISTaIG ELEVATION NOTE: THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN 000.00 1 DENOTES PROPOSED ELEVATION .THOSE SHOWN. ON THE RECORDED PLAT. DENOTES DRAINAGE AND UTILITY EASEMENT NOTE:. CONTRACTOR MUST. VERIFY DRIVEWAY DESIGN. OpWTES DRAINAGE FLOW DIRECTION = NOTE: BEARINGS MONUMENT SHOWN ARE BASED ON AN ASSUMED DATUM a _ ODIGIES 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 SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 6 DAY OF JANUARY, 1999. Si E0: ONEER ENgNEE G. .A. SCALE 1 INCH 50 FEET BY: hn C. Larson, LS. Rog. No. 19828 ROOF V - RE SC VDER HAY \ 0 i / •1. 01' \ \ BENCH MARK TOP OF PIPE ELEV. =951.22 \ T) 10 949. �� \ gt p 944.4 ,p 2W etlu•� ~ ti�1' ^aN 9,2 8 \ \ gineering Review �W oA leg O 944.7 \ 1 " V � -� --�'� a n a \ 2 943.8 \ 1 wN \ \ \ 937.6 W - , \\ IL PILES `\ ` W' p SPO 15 S�t,T F�t�•E \ R►GHT -OF -WRY \ \ \' IN 22 2 \ tow EROSION CONTROL l ' Ve11 �� MUST BE IN PLACE \ \\ ; 22 FO YPW \\ BEFORE FOOTINGS ' 0 940 � ,�\ e\NA PASS INSPE�c N co _ - PG tS � Q6R e� -2tn JAN 2 0 2000 By � \ �.t+j9 o � ._ 56 936.9 PROPOSED MOUSE ELEVATION ^ NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN DY: PROBE - / LOWEST FLOOR ELEVATION: '10 . NOTE: BUILDING DIMENSIONS SHOWN ARE FOR HORIZONTAL AND VERTICAL LOCATION - TOP OF. BLOCK ELEVATION: �_ OF - STRUCTURES ONLY. SEE ARCHITECTUAL PLANS FOR BUILDING ANO .GARAGE SLAB ELEVATION: 0 / $z . 7 FOUNDATION DIMENSIONS. NOTE: No SPECIFIC SaLS INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYgt. 1HE SUITABILITY OF SGLS TO SUPPORT THE SPECIFIC HOUSE TOB 0 LOOKOUT ELEVATION: PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. X E 000.00 DENOTES EXISTaIG ELEVATION NOTE: THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN 000.00 1 DENOTES PROPOSED ELEVATION .THOSE SHOWN. ON THE RECORDED PLAT. DENOTES DRAINAGE AND UTILITY EASEMENT NOTE:. CONTRACTOR MUST. VERIFY DRIVEWAY DESIGN. OpWTES DRAINAGE FLOW DIRECTION = NOTE: BEARINGS MONUMENT SHOWN ARE BASED ON AN ASSUMED DATUM a _ ODIGIES 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 SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 6 DAY OF JANUARY, 1999. Si E0: ONEER ENgNEE G. .A. SCALE 1 INCH 50 FEET BY: hn C. 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