HomeMy WebLinkAbout7.A.1. Public Hearing on Proposed Vacation of Easement-Res. No. 6665
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CITY OF SHAKOPEE
Memorandum
CASE NO.:
07 -046
TO:
Mayor and City Council
Mark McNeill, City Adminsitrator
FROM:
Mark Noble, Planner II
SUBJECT:
Vacation of a portion of a drainage and utility easement for
property located on Lot 2, Block 1, Evergreen Heights
MEETING DATE: October 2,2007
REVIEW PERIOD: August 10,2007 - December 7,2007.
INTRODUCTION
Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership, has
requested a vacation of easement for property located on Lot 2, Block 1, Evergreen Heights,
adjacent to Balsam Trail. There presently is a 10 foot drainage and utility easement around
the perimeter of this lot, and the property owner is requesting the vacation of approximately
160 feet of easement along the southwesterly portion of property to allow for the expansion
of a maintenance building. Evergreen Heights Townhomes Limited Partnership had
purchased an adjacent triangular shaped parcel from MNDOT in the past and have been
working with Shakopee Public Utilities Commission (SPUC) on an easement within that
parcel for one of their service lines. Additionally, there has been a significant amount of
discussion on the lot combination process staffhas requested take place, and significant
discussion regarding an issue concerning an encroachment of a structure into an existing
water main easement. It should be noted that a permit was not submitted for the storage
garage in question. At this time, there appears to be three options for addressing this
encroachment, although there is presently no resolution to this matter:
1. Remove the garage built inside the easement.
2. Relocate the fire hydrant away from the garage, create additional easement area to
do so and vacate the easement area where the garage sits.
3. Install permanent shoring to the garage now, at the owner's cost.
DISCUSSION
The Planning Commission has reviewed this request and has recommended approval of the
vacation by a 7-0 vote, contingent on the City Council not taking action on this item until
the easement agreement document has been accepted by staff, SPUC and the applicant. At
the time of the drafting of this report, this issue is unresolved; therefore, staff is
recommending that this item be continued to a later date to allow staff, SPUC and the
applicant an opportunity to adequately address this matter. Attached for your information is
a copy of the Planning Commission report from the September 20, 2007 Planning
Commission meeting.
ALTERNATIVES
1. Approve Resolution No. 6665, a resolution of the City of Shakopee approving
the vacation of easement for property located on Lot 2, Block 1, Evergreen
Heights, with conditions.
2. Deny the proposed vacation.
3. Continue the public hearing.
4. Close the public hearing and table the request to allow staff or the applicant time
to provide additional information.
ACTION REQUESTED
Offer a motion to close the public hearing, and table the request to allow staff, the applicant,
and SPUC additional time to address the issues pertaining to an existing easement
encroachment and the lot consolidation process.
-ZN~
Planner II
h:\cc\2007\lO-02\ V AC_evergreen 07046.doc
RESOLUTION NO. 6665
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING AN
EASEMENT FOR PROPERTY LOCATED ON LOT 2, BLOCK 1, EVERGREEN
HEIGHTS
WHEREAS, it has been made to appear to the Shakopee City Council that a portion of a
drainage and utility easement for property located on Lot 2, Block 1, Evergreen Heights,
serves no public use or interest; and
WHEREAS, the easement to be vacated is legally described as:
An easement for drainage and utility purposes over, under and across the said lot
described below:
The 10 foot wide utility easement adjacent to the south property line of Lot 2, Block 1,
EVERGREEN HEIGHTS, said 10 feet measured at a 90 degree angle from a line ("Abandonment
Line") that commences at a point 63.5 feet east of the southeast corner of Lot 1, Block 1,
EVERGREEN HEIGHTS, thence easterly along the south property line of Lot 2, Block 1,
EVERGREEN HEIGHTS to the first of two 90 degree corners on the south property line of Lot 2,
Block 1, EVERGREEN EHGITHS, thence south 80 feet along the south boundary line of Lot 2,
Block1, EVERGREEN HEIGHTS to the second of two 90 degree corners on the south property line
of Lot 2, Block 1, EVERGREEN HEIGHTS, which point is the termination point of the
Abandonment Line, all as more specifically show on the attached Exhibit A; and
WHEREAS, a public hearing to consider the action to vacate was held in the Council
Chambers of the City Hall in the City of Shako pee at 7:00 P.M. on the 2nd day of October, 2007;
and
WHEREAS, two weeks published notice was given in the SHAKOPEE V ALLEY NEWS
and posted notice was given by posting such notice on the bulletin board on the main floor of the
Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the
Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and
WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be
heard at the public hearing in the Council Chambers in the City of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
That it finds and determines that the vacation hereinafter described is in the public interest;
That the easement described above serves no further public purpose;
That the easement described above is hereby vacated, subject to the following conditions:
a. The applicant shall dedicate a ten (10) foot drainage and utility easement along the
southern line of the triangular shaped adjacent parcel owned by Evergreen Heights
Townhomes Limited Partnership. This drainage and utility easement shall be approved
by the City Engineer and recorded at the Scott County Recorder's Office.
b. This vacation shall not include the most southerly 10 feet of drainage and utility
easement of Lot 2, Block 1, Evergreen Heights.
c. The applicant shall address the encroachment of a concrete pad and accessory structure
into the watermain easement around one of the fire hydrants adjacent to Balsam Trail, to
the satisfaction of Shakopee Public Utilities Commission and the City of Shakopee.
d. The applicant shall submit and be approved for a Minor Subdivision or Registered
Land Survey (RLS) to combine the triangular shaped parcel acquired from MnDot with
Lot 2, Block 1 of the Evergreen Heights Subdivision, to ensure that the proposed
accessory structure is constructed in compliance with the City Code requirements.
After the adoption of the Resolution, the City Clerk shall file certified copies hereof with
the County Auditor and County Recorder of Scott County.
Adopted in
_ day of
session of the City Council of the City of Shako pee, Minnesota, held the
,2007.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
~fp
CITY OF SHAKOPEE
Memorandum
CASE NO.: 07-046
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Vacation of a portion of drainage and utility easement at Evergreen Heights
MEETING DATE: September 20,2007
REVIEW PERIOD: August 10,2007 -December 7,2007.
SITE INFORMATION:
Applicant:
Property Owner:
Location:
Existing Zoning:
Adjacent Zoning:
Compo Plan:
MUSA:
Attachments:
Gregory McClenahan
Evergreen Heights Townhomes Limited Partnership
Lot 2, Block 1, Evergreen Heights, adjacent to Balsam Trail
Medium Density (R-2) Residential Zone
All adjacent zoning is Medium Density (R-2) Residential Zone, except for
adjacent Highway 169 to the South
Residential
The site is within the MUSA boundary.
Exhibit A: Location and Zoning Map
Exhibit B: Proposed Easement Plan
Exhibit C: Applicant Narrative
Exhibit D: Engineering Staff Memorandum
INTRODUCTION
Gregory McClenahan, on behalf of Evergreen Heights T ownhomes Limited Partnership, has requested a
vacation of easement for property located on Lot 2, Block 1, Evergreen Heights, adjacent to Balsam Trail.
There presently is a ten (10) foot drainage and utility easement around the perimeter of this lot, and the
property owner is requesting the vacation of approximately 160 feet of easement along the southwesterly
portion of property to allow for an expansion of a maintenance building. Evergreen Heights Townhomes
Limited Partnership recently purchased an adjacent triangular shaped parcel from MNDOT, and have been
working with Shakopee Public Utilities Commission (SPUC) on an easement within that parcel for one of
their service lines.
CONSIDERATIONS
The City Council will hold a public hearing on October 2, 2007 to consider this vacation request. A
recommendation from the Planning Commission is required for the vacation process.
City, County and other outside agencies were given the opportunity to review and provide comments
regarding this application. Judy Cox, City Clerk, commented that if alternative easements are required, that
the applicant shall provide a recordable document prior to adoption of the vacation resolution by Council.
The City Engineering Department provided a memorandum that recommended denial of this vacation
request, as this would leave a gap in the existing corridor and would negatively impact future utility
installation. As an acceptable alternative, staff would recommend approval subject to the applicant being
required to dedicate a ten (10) foot drainage and utility easement along the southern line of the adjacent
parcel owned by Evergreen Heights Townhomes Limited Partnership. This drainage and utility easement
shall be approved by the City Engineer.
Shakopee Public Utilities Commission provided a memorandum that included three (3) comments, including a
comment that they have obtained an electric line easement across the adjacent parcel, and that there exists a
concrete pad and shed that encroaches into the watermain easement around one of the fIre hydrants; that
encroachment should be eliminated.
Planning staff concurs with the request for additional easement on the parcel recently purchased by MnDot, in
addition to requesting that: 1) the applicant submit and be approved for a Minor Subdivision or Registered
Land Survey (RLS) to combine Lot 2 with the parcel recently purchased by MnDot, to ensure that the
proposed accessory structure does not cross a property line, and 2) that this vacation request not include the
most southerly 10 feet of drainage and utility easement of Lot 2, Block 1, Evergreen Heights, to ensure that the
City maintain a continuous easement along the perimeter of this parcel..
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation, subject to the following conditions:
a. The applicant shall dedicate a ten (10) foot drainage and utility easement along the southern
line of the adjacent parcel owned by Evergreen Heights Townhomes Limited Partnership. This
drainage and utility easement shall be approved by the City Engineer.
b. This vacation shall not include the most southerly 10 feet of drainage and utility easement of
Lot 2, Block 1, Evergreen Heights.
c. The applicant shall eliminate the encroachment of a concrete pad and accessory structure into the
watermain easement around one of the fIre hydrants adjacent to Balsam Trail.
d. The applicant shall submit and be approved for a Minor Subdivision or Registered Land Survey
(RLS) to combine the recently acquired parcel from MnDot with Lot 2, Block 1 of the
Evergreen Heights Subdivision, to ensure that the proposed accessory structure is constructed in
compliance with the City Code requirements.
2. Recommend to the City Council the approval of the vacation, subject to revised conditions.
3. Recommend to the City Council denial of the request.
4. Table the decision to allow staff or the applicant time to provide additional information.
STAFF RECOMMENDATION
Staff recommends Alternative No.1, recommend to the City Council approval of the vacation, subject to
conditions noted in this report.
ACTION REQUESTED
Offer and pass a motion recommending approval ofthe vacation, subject to conditions.
~J::Y -
Planner II
h:\boaa-pc\2007\09-20\V AC_Evergreen 07046.doc
Shakopee - Location Maps
Page I of 1
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SHAKOPEE
COMMUNnY PR1De SINCE 1157
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. _ Subject Property
....... Shakopee Boundary"
c:=J Zoning Bounciafy
D Parte! Boundary
Vacation of Easements to
Evergreen Heights Townhomes
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EVERGREEN HEIGHTS TOWNHOMES
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
The 10 foot wide utility easement adjacent to the south property line of Lot Two (2), Block One
(1), EverGreen Heights, said 10 feet measured at a 900 angle from a line ("Abandonment Line")
that commences at a point 63.5 feet east of the southeast corner of Lot One (1) , Block One (1),
EverGreen Heights, thence easterly along the south property line of Lot Two (2), Block One (1),
EverGreen Heights to the first of two 900 corners on the south property line of Lot Two (2),
Block One (1), EverGreen Heights, thence south 80 feet along the south boundary line of Lot
Two (2), Block One (1), EverGreen Heights to the second of two 900 corners on the south
property line of Lot Two (2), Block One (1), EverGreen Heights, which point is the termination
point of the Abandonment Line, all as more specifically show on the attached Exhibit A.
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SHP~OPEE PU~LIC UTILITiES
~5~4457767 r.~3
SHAKOPEE PUBLIC UTILITIES COMMISSION
.. L i g h tin g the Way - Yes t e r day, T 0 day and: Bey 0 n d "
MEMORANDUM
TO: Shakopee Community Development Department
FROM: Joseph D. Adams, Planning and Engineering Director
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Vacation of Easements
CASE NO: 07046
DATE: 9/7/07
COMMENTS:
1. SPUC has obtained an elcctric line easement across the adjacent parcel.
The proposed vacated easement area is unusable for utilities due to severe
sloping,
2. City may want a drainage and utilities easement along the perimeter of the
adjacent parcel.
3. The applicant has an existing concrete pad and shed that presently
encroaches into the water main easement around one of the fire hydrants.
That encroaclunent should be eliminated as soon as practicable. See
attached drawings.
Post Office Box 470 . 255 Sarazin Street. Shakopee, Minnesota 55379-0470
(952) 445-1988 . Fax (952) 445-7767
www.shakopeeutilities.com
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City of Shakopee
Memorandum
SUBJECT:
Mark Noble, Planner II
Joe Swentek, Project Engineer ~ ~
Vacation of Easement (Lot 2, Block 1 of Evergreen Heights Addition)
TO:
FROM:
PID NO.:
27-292002-0
CASE NO.:
07046
DATE:
September 4, 2007
The application indicates a request to vacate a portion of an existing drainage and utility
easement along the southern portion of the site, adjacent to the US-169 (Minnesota
Department of Transportation) right-of-way.
After reviewing the above referenced application, the engineering department has the
following comments for the applicant and the planning department:
1. The vacation of this portion of drainage and utility easement would leave a gap in
the existing corridor along the southern boundary of the Evergreen Heights
Addition.
2. The elimination of a connected corridor would negatively impact future utility
installation (public and/or private) should this alignment be required.
Recommendation
Vacating this portion of drainage and utility easement would eliminate a potential corridor
for future utility extensions (public and/or private). Therefore, the engineering department
recommends denial of the vacation request.
H:\EMPLOYEE FOLDERSIISwonteklStaff.ReviewsIV aoate\Case.Number.07046. Vaoate.Easements (Evergreen HeighU).doc
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