HomeMy WebLinkAbout2.b. Karl Hagen VarianceCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR DISCUSSION
COMMITTEE OF THE WHOLE SEPTEMBER 13, 2000
AGENDA ITEM: KARL HAGEN VARIANCE, AGENDA NO.
14012 Belmont Trail DISCUSSION
PREPARED BY: THOMAS D. BURT, CITY ADMINISTRATOR 2 B.
ATTACHMENTS: STAFF REPORT OF 9/5/00 CITY COUNCIL
Attached is the report distributed to City Council for the September 5, 2000 City Council meeting for
your discussion.
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CITY OF ROSEiNIOUNT
•� 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:
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Certificate of Survey
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PROPOSED HOUSE ELEVATION
. Nor LOWEST GRADES SNOSN PER cxUONC PtJIN BY PROBE / LOWEST FLOOR ELEVATION:_
NOTE: OA" DIMENSla+S Srrore+ ARE FoR H=ONTAL AND VERTICAL LOCATION TOP OF BLOCK ELEVATION: s3 • /
OF STRUCTURES ONLK SEE.ARCMTECTUAL PLANS FOR WILDING AND cJ S2. 7
FOUNDATION DIMENSIONS. GARAGE SLAB ELEVATION:
NOTEe NO SPEanC SOILS NVESTICARON HAS BEEN COMPLETED ON THIS LOT BY THE
SUIRVIEVOk UTMm�wPVORr GnC HOUSE TOB O LOOKOUT ELEVATION:
PROPOSED '
NOTE: THIS CERTInCATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN x 000.00 DENOTES EMMG ELEVATION
THosE SHOWN ON THE RECORDED PLAT. ( 000.00) DENOTES PROPOSED ELEVATION
— — — DENOTES DRAINAGE AND UTILITY EASEMENT
NOTE: CONTRACTOR MUST VERIFY DRIVEWAY DESIGN. — DENOTES DRAINAGE FLOW DIRECTION
NOTE BEARINGS SHOWN ARE BASED 01 AN ASSUMED DATUM — DENOTES MONUMENT
—$ . DENOTES 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. '/ -�-�
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