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Home My WebLink About7.c. Request to Vacate a Portion of the Drainage and Utility Easement over Lot 2 Block 1, Oak Ridge EstatesEXECUTIVE SUMMARY City Council Regular Meeting: June 6, 2017 AGENDA ITEM: Request to Vacate a Portion of the Drainage and Utility Easement over Lot 2 Block 1, Oak Ridge Estates AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 7.c. ATTACHMENTS: Resolution, Site Location, Site Aerial, Construction Plans, Survey, Description Sketch, Board of Appeals Staff Report APPROVED BY: LJM RECOMMENDED ACTION: Motion to Adopt a Resolution Approving the Vacation of a Portion of the Drainage and Utility Easement over Lot 2 Block 1, Oak Ridge Estates. SUMMARY Applicant: James Madsen Property Owners: Scott and Janet Swedal Location: 12375 Coffee Trail Lot Area in Acres: 4.39 Comp. Guide Plan Designation: RR-Rural Residential Current Zoning: RR-Rural Residential The applicant, James Madsen, is requesting vacation of a portion of an existing drainage and utility easement on behalf of the property owners, Scott and Janet Swedal. The vacation would permit construction of a porch addition that encroaches into the existing drainage and utility easement located on their property at 12375 Coffee Trail. Additionally, it appears a portion of the driveway was constructed within the easement at the time the home was constructed. This vacation will correct that encroachment. On May 23, 2017, the Board of Appeals granted a variance from the structural setback requirements of the City’s wetland ordinance from 45 feet to 22 feet to allow for the proposed porch addition. The Board had questions about the potential impacts on the wetland in the future, and the applicant indicated that there is a steep drop-off past the area where the proposed porch will be located. The topography would impede any further encroachment toward the wetland. The total area of the easement to be vacated is approximately 3,771 square feet. No utilities are located within the portion of the easement to be vacated, and the City’s project engineer has reviewed the easement vacation request and has no comments or concerns regarding the vacation of this portion of the easement. CONCLUSION Staff recommends approval of the drainage and utility easement vacation. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017 - A RESOLUTION APPROVING THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS OVER LOT 2, BLOCK 1, OAK RIDGE ESTATES WHEREAS, the City of Rosemount received a building permit application to construct a porch addition on the residential structure located at 12375 Coffee Trail; and WHEREAS, on May 23, 2017, the Board of Appeals reviewed and approved a variance from the structural setback standards of the City’s wetland ordinance from 45’ to 22’; and WHEREAS, vacation of a portion of the existing drainage and utility easement legally described below is required before the building permit can be approved; and WHEREAS, the City Council reviewed this request and conducted a public hearing on June 6, 2017 and found the vacation will not adversely impact the adjoining wetland. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Vacation of the Drainage and Utility Easements, legally described as: All that part of a drainage and utility easement as delineated, donated, and dedicated on Lot 2, Block 1, OAK RIDGE ESTATES, Dakota County Minnesota lying 20 feet northwesterly and parallel with the following described southeasterly easement line: Commencing at the northwest corner of said Lot 2 thence South 89 degrees 22 minutes 00 seconds East, assumed bearing along the North line of said Lot 1, to the west line of said easement; thence South 00 degrees 09 minutes 00 seconds East along said easement, 57.64 feet; thence South 52 degrees 46 minutes 30 seconds East along said easement, 218.47 feet; thence North 89 degrees 35 minutes 59 seconds East along said easement, 189.18 feet to the point of beginning of said southeasterly easement line; thence North 54 degrees 39 minutes 17 seconds East along said easement, 167.39 feet to the westerly right of way of Coffee Trail as delineated, donated and dedicated on said OAK RIDGE ESTATES. The sidelines line of said easement to be vacated shall be shortened or extended to terminate on a line 10 feet westerly and parallel with said westerly right of way. ADOPTED this 6th day of June, 2017, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Hadler, City Clerk Revisions:1.) 05-11-17 Topo lot2.) 5-25-17 City revisionsc Pioneer Engineering Certificate of Survey for: 2422 Enterprise Drive Mendota Heights, MN 55120 Ph. : (651) 681-1914 www.pioneereng.comFax: (651) 681-9488 Project # :Folder #:Drawn by: CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS James Barton Design - Build Inc 5920 148th St. West Suite 100 Apple Valley, MN 55124 (952) 431-1670 Revisions:1.) 05-11-17 Topo lot2.) 5-25-17 City revisionsc Pioneer Engineering Certificate of Survey for: 2422 Enterprise Drive Mendota Heights, MN 55120 Ph. : (651) 681-1914 www.pioneereng.comFax: (651) 681-9488 Project # :Folder #:Drawn by: CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS James Barton Design - Build Inc 5920 148th St. West Suite 100 Apple Valley, MN 55124 (952) 431-1670 James Barton Design - Build Inc 5920 148th St. West Suite 100 Apple Valley, MN 55124 (952) 431-1670SheetDescription Sketch for:1 of 1c 2015 Pioneer Engineering, P.A. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 Cad File: 117103000vaction sketch.dwg Folder #: 2721 Drawn by:PJH EXECUTIVE SUMMARY Planning Commission Meeting: May 23, 2017 AGENDA ITEM: 17-23-V: Variance to construct a porch addition within the required setback from a wetland. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.b. ATTACHMENTS: Resolution, Site Location, Site Aerial, Floorplans and Elevation, Survey APPROVED BY: KL RECOMMENDED ACTION: Motion by the Board of Appeals and Adjustments to approve a variance from the Wetland Ordinance buffer and structure setback requirements from 45’ to 22’ SUMMARY The applicant, James Madsen, is requesting a variance on behalf of the property owners, Scott and Janet Swedal, to construct a porch addition that encroaches into the required structural setback from a wetland buffer on the site. The city has a Comprehensive Wetland Management Plan that prescribes how much of a buffer should be maintained around a wetland. This plan is referenced in Section 10-1-11: Wetlands. The Comprehensive Wetland Management Plan calls for a minimum setback of 45 feet of any structure from a wetland. The 45 foot setback includes a minimum buffer of 15 feet and an additional 30 foot structural setback from a buffer to allow for usable yard space. The 15 foot buffer is the minimum buffer permitted and is only used with buffer averaging. The variance request is to allow a porch addition that is located 22 feet from the edge of the wetland. Staff is recommending approval of the request. Applicant: James Madsen Property Owners: Scott and Janet Swedal Location: 12375 Coffee Trail Area in Acres: 4.39 Comp. Guide Plan Designation: RR-Rural Residential Current Zoning: RR-Rural Residential BACKGROUND The wetland ordinance in the City Code states that utilization and development impacts to wetlands shall be consistent with the city's comprehensive wetland management plan. The plan states that an average buffer of 30 feet must be maintained around all wetlands. The Comprehensive Wetland Management Plan describes a process to allow for a buffer width of less than 30 feet if that reduction is made up for in other areas around the wetland. The minimum buffer, if buffer averaging is used, is 15 feet. In addition to the buffer, the comprehensive wetland management plan also requires structures to be set back at least 30 feet from any buffer to maintain usable yard space. This requirement was added to the Comprehensive Wetland Management Plan in 2005. Therefore, the minimum structural setback is 45 feet from the edge of the wetland, so long as the wetland buffer is an average of 30 feet. The applicant is requesting a variance to construct a porch addition that encroaches into the required setback by 23 feet, therefore requiring a 22 foot setback variance. ISSUE ANALYSIS Variance Standards According to Section 11-12-2.G, there are five criteria for the Board of Appeals and Adjustments to review when considering a variance request. The five criteria used to assess each request along with staff’s findings for each are listed below. While weighing a variance request against these criteria, there are also two key issues to consider. The first is whether the applicant has reasonable use of their property without the variance. The second is whether the project can be redesigned to eliminate or reduce the need for a variance. The Board of Zoning Appeals must approve or deny each request based on findings related to each of the five standards. 1. The variance request is in harmony with the purposes and intent of the ordinance. Finding : Staff finds the request in harmony with the ordinance. The intent of the additional structural setback is to prevent the impact of new developments on wetlands by requiring a developer to include usable yard space between a structure and the wetland buffer to prevent mowing of natural vegetation around the wetland. The site is large, and the areas maintained as lawn are located elsewhere on the property. The property owner has maintained a naturally vegetated buffer around the wetland. 2. The variance is consistent with the comprehensive plan. Finding : Staff finds the request is consistent with the comprehensive plan. The purpose of the Rural Residential land use designation is to provide housing while maintaining significant areas of wetlands and woodlands. The porch addition is proposed to be located where a patio currently exists. The porch addition will not encroach into the actual wetland buffer and the natural landscape as it currently exists on the site will be maintained. 3. Granting of the variance allows reasonable use of the property. Finding : The variance allows the property owner continued enjoyment of the natural features on their property without disturbing the wetland. 4. There are unique circumstances to the property which are not created by the landowner. Finding : At the time the home was built on the property, there was no requirement for an additional structural setback from the wetland buffer. It was only after the Comprehensive Wetland Management Plan was amended that such a requirement was imposed. 5. Granting of the variance does not alter the essential character of the locality. Finding : The essential character of the locality will not be altered by granting of the variance. RECOMMENDATION Staff is recommending approval of the variance request by the Board of Appeals.