HomeMy WebLinkAbout7.a. Request by US Home Corporation for an Easement Vacation on Lot 10 Block 1 Bella Vista 5th Addition
EXECUTIVE SUMMARY
City Council Meeting: March 5, 2019
AGENDA ITEM: Request by U.S. Home Corporation for
an Easement Vacation on Lot 10 Block 1
Bella Vista 5th Addition
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 7.a.
ATTACHMENTS: Resolution, Site Location, Survey APPROVED BY: LJM
RECOMMENDED ACTION: Motion to adopt a resolution approving the easement
vacation.
SUMMARY
U.S. Home Corporation, is requesting an easement vacation to accommodate a request for a lot split. A 5’
drainage and utility easement is located on either side of the parcel boundary the applicant is requesting to
adjust. Staff recommends approval of the request subject to new 5 foot drainage and utility easements
being dedicated along the boundary between Parcel A and Parcel B shown on the survey that is included
with the attachments.
BACKGROUND
Applicant and Property Owner: U.S. Home Corporation dba Lennar
Location: 13326 and 13340 Aulden Avenue
Area in Acres: 1.32 Acres
Comp. Guide Plan Designation: Low Density Residential
Current Zoning: Low Density Residential Planned Unit Development
Nature of Request: Vacate existing drainage and utility easements so new easements can
be dedicated along the new parcel boundary.
The Bella Vista Planned Unit Development was approved in 2013. Bella Vista is located north of Bonaire
Path and east of Bacardi Avenue. The subject parcels are located in the 5th Addition of Bella Vista at the
intersection of Aulden Avenue and the future alignment of Autumn Path. The applicant has been working
with a potential buyer of Parcel B who desires a home plan that contains a 4-stall garage and an interior
sport court. As the lots are currently drawn, the footprint of the proposed home would encroach upon
the 35’ setback from the future Autumn Path. The redrawn parcels will allow the home to fit on the lot
without encroaching upon that setback. The parcels created by the redrawn lot lines conform to the lot
standards of the Bella Vista PUD. The lot width of Parcel A will be reduced to 79 feet, above the
minimum lot width in Bella Vista of 75 feet. The applicant has indicated that a home will be able to fit on
parcel A, and a future variance request to accommodate a larger home plan on that lot will not be
considered.
The applicant is also requesting a vacation of the 5’ wide drainage and utility easements along each side of
the parcel boundary that is being shifted west. New easements along that boundary shall be dedicated with
the recording of the lot split and combination. The proposed easements are shown on the survey included
in the attachments.
2
CONCLUSION AND RECOMMENDATION
Staff is recommending approval of the easement vacation, subject to the dedication of new five foot
drainage and utility easements on either side of the boundary between Parcel A and Parcel B.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-XX
A RESOLUTION APPROVING THE VACATION OF A DRAINAGE AND UTILITY
EASEMENT
WHEREAS, the City of Rosemount received an application from U.S. Home Corporation, for a lot split;
WHEREAS, on March 5th, 2019, the City of Rosemount City Council reviewed and approved the Lot Split;
and
WHEREAS, the vacation of the existing drainage and utility easement is required before the Lot Split can
be recorded; and
WHEREAS, the City Council reviewed this request and conducted a public hearing on March 5, 2019.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the
Vacation of the Drainage and Utility Easement, legally described as:
Those particular 5.00 foot drainage and utility easements, originally dedicated in the recorded plat of
BELLA VISTA 5TH ADDITION, Dakota County, Minnesota and now to be vacated, which lie on
either side of the line common to Lots 9 and 10, Block 1, said plat
Subject to the following conditions:
1. Recording of a lot split and combination of the affected parcels.
2. Dedication of new drainage and utility easements, legally described as:
A 10.00 foot wide easement for Drainage & Utility purposes over, under, and
across that part of Lot 9, Block 1, BELLA VISTA 5TH ADDITION, Dakota County,
Minnesota which lies north of the south 10.00 feet thereof, and south of a
line described as commencing at the northeast corner of said Lot 9; thence on
an assumed bearing of South 08 degrees 40 minutes 03 seconds West, along
the east line of said Lot 9, a distance of 263.54 feet to the point of beginning;
thence North 76 degrees 20 minutes 25 seconds East a distance of 67.87 feet
to the west line of said Lot 9, and said line there terminating.
The centerline of said easement being described as a line parallel to and 7.00
feet west of said east line of Lot 9.
ADOPTED this 5th day of March 2019, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
PARCEL B
PARCEL
A
PARCEL A:
Lot 9, Block 1, BELLA VISTA 5TH ADDITION, Dakota County, Minnesota.
PARCEL B:
Lot 10, Block 1, BELLA VISTA 5TH ADDITION, Dakota County, Minnesota.
EXISTING LEGAL DESCRIPTIONS
I hereby certify that this survey, plan or report was prepared by me or under
my direct supervision and that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota. That this survey does not purport to show all
improvements, easements or encroachments, to the property except as
shown thereon.
Signed this 21st day of February, 2019
Marcus F. Hampton MN L.S. No. 47481
SURVEYOR'S CERTIFICATE
PARCEL A:
Lot 9, Block 1, BELLA VISTA 5TH ADDITION, Dakota County, Minnesota, except
the east 7.00 feet thereof.
PARCEL B:
Lot 10 and the east 7.00 feet of Lot 9, Block 1, BELLA VISTA 5TH ADDITION,
Dakota County, Minnesota.
PROPOSED LEGAL DESCRIPTIONS
Those particular 5.00 foot drainage and utility easements, originally dedicated
in the recorded plat of BELLA VISTA 5TH ADDITION, Dakota County, Minnesota
and now to be vacated, which lie on either side of the line common to Lots 9
and 10, Block 1, said plat.
DRAINAGE & UTILITY EASEMENTS TO BE VACATED
Existing Proposed
Parcel A 22,114 sq. ft.19,362 sq. ft.
Parcel B 35,286 sq. ft.38,038 sq. ft.
AREA CALCULATIONS
Proposed
Parcel A
House = 2,363 sq. ft.
Porch = 157 sq. ft.
Driveway = 745 sq. ft.
= 3,265 sq. ft. or 16.9%
Parcel B
House = 3,120 sq. ft.
Porch = 200 sq. ft.
Driveway = 1,180 sq. ft.
= 4,500 sq. ft. or 11.8%
HARD COVER
A 10.00 foot wide easement for Drainage & Utility purposes over, under, and
across that part of Lot 9, Block 1, BELLA VISTA 5TH ADDITION, Dakota County,
Minnesota which lies north of the south 10.00 feet thereof, and south of a
line described as commencing at the northeast corner of said Lot 9; thence on
an assumed bearing of South 08 degrees 40 minutes 03 seconds West, along
the east line of said Lot 9, a distance of 263.54 feet to the point of beginning;
thence North 76 degrees 20 minutes 25 seconds East a distance of 67.87 feet
to the west line of said Lot 9, and said line there terminating.
The centerline of said easement being described as a line parallel to and 7.00
feet west of said east line of Lot 9.
PROPOSED DRAINAGE & UTILITY EASEMENT
DRAWN BY
DATE
REVISIONS
JCB
00019
CAD FILE
LOT SPLIT.GZJ
PROJECT NO.
00
FILE NO.
11900
SHEET 1 OF 1500 WEST C.R. , SUITE 10, BURNSVILLE, MN 55PHONE 95.90.0 PKDPSWRQ#MUKLQF.FRPPLANNERS EN*INEERS SURVEYORSZZZ.MUKLQF.FRPJames R. Hill, Inc.LOTS 9 & 10, BELLA VISTA 5TH ADDITIONROSEMOUNT, MINNESOTALOT LINE ADJUSTMENTFORLENNAR