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Home My WebLink About9. Continuation of the Public Hearing on Vacation of Easement-Res. No. 6190 cz CITY OF SHAKOPEE Memorandum CASE NO.: 05-016 TO: Mayor and City Council Mark McNeill, City Adminsitrator FROM: Julie Klima, Planner II SUBJECT: Vacation of Easement at 2460 Emerald Lane MEETING DATE: March 1, 2005 REVIEW PERIOD: November 29, 2004 - March 29,2005 INTRODUCTION Leo and Cynthia Katzner have submitted an application for vacation of easement located at 2460 Emerald Lane. On January4, the Council approved Resolution No. 6169, a resolution setting the public hearing date for February 15th. On February 15th, the City Council continued the public hearing to March 1 st to allow the vacation to be heard on the same agenda as a variance appeal for the same property. DISCUSSION The Planning Commission has reviewed this request at its February 3rd meeting. The applicant has also filed a variance application requesting a variance to the side yard setbacks in order to construct an addition onto their home. The Board of Adjustment and Appeals did deny the variance at the February 3 meeting. The applicant has stated that he intends to file an appeal of the variance decision. In order to construct the addition as proposed, the variance and vacation would need to be approved. The Planning Commission did spend some time discussing the possibility of constructing the addition as a cantilever if only the vacation was approved. Ultimately, the Commission did recommend the denial of the vacation of a portion of the easement by a vote of 6-1. Attached for your information is a copy of the Planning Commission report from the February 3, 2005 meeting. ALTERNATIVES 1. Approve Resolution No. 6190, a resolution of the City of Shakopee denying the vacation of a portion of an easement at 2460 Emerald Lane. 2. Approve the proposed vacation and direct staff to prepare the appropriate resolution. 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 approve Resolution No. 6190, and move its adoption. ~~~ /Julie lima Planner II ---- -- g:\cc\2005\03-01 \vac2460emerald050 16.doc '\~ RESOLUTION NO. 6190 A RESOLUTION OF THE CITY OF SHAKOPEE DENYING THE REQUEST TO VACATE A PORTION OF AN EASEMENT AT 2460 EMERALD LANE WHEREAS, it has been made to appear to the Shakopee City Council that a portion of easement located at 2460 Emerald Lane serves no public use or interest; 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 Shakopee at 7 :00 P.M. on the 15th day of February, 2005; and WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEY 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: 1. That it finds and determines that the vacation hereinafter described is not in the public interest in that it would limit the future usability ofthe easement; 2. That the easement described above continues to serve a public purpose, specifically, it ensures an adequate area for future drainage or utility improvements should they be needed. BE IT FURTHER RESOLVED that the request to vacate the easement described above is hereby denied. After the adoption ofthe Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the _ day of ,2005. Mayor of the City of Shako pee ATTEST: Judith S. Cox, City Clerk CERTIFICATION OF RESOLUTION NO. 6190 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 6,190, presented to and . adopted by the City Council ofthe City of Shakopee at a duly authorized meeting thereof held on the _ day of , 2005, as shown by the minutes ofthe meeting in my posseSSIOn. Dated this _dayof ,2005. Judith S. Cox, City Clerk SEAL */0 conseo"C CITY OF SHAKO PEE Memorandum CASE NO.: 05-01"- TO: Shakopee Planning Commission FROM: Julie Klima, Planner IT SUBJECT: Vacation of Easement Located at 2460 Emerald Lane MEETING DATE: February 3,2005 REVIEW PERIOD: November 29, 2004 to March 29,2005 SITE INFORMATION: Applicant: Leo and Cynthia Katzner Location: 2460 Emerald Lane Existing Zoning: Urban Residential (R-IB) Adjacent Zoning: North: Urban Residential (R-IB) South: Urban Residential (R-IB) West: Urban Residential (R-1B) East: Urban Residential (R-IB) Compo Plan: Single Family Residential Acreage: .286 Acre MUSA: The site is within the MUSA boundary. INTRODUCTION The City Council has received a request from Leo and Cynthia Katzner to consider the vacation of a portion of a drainage and utility easement located at 2460 Emerald Lane (see Exhibit A). The applicant is proposing the vacation of only that portion of the drainage and utility easement in which the home addition could be constructed (please see Exhibit D). CONSIDERATIONS The City Council will hold a public hearing on Tuesday, February 15, 2005 to consider this vacation request. A recommendation from the Planning Commission is required for the vacation process. The applicant is requesting the vacation in order to construct an addition onto their home. The proposed addition would also encroach into the required 10 foot side yard setback. As a result, the applicant has also requested a variance to the setback requirements. This variance request is scheduled to be reviewed by the Board of Adjustment and Appeals on Feb. 3. Please see the attached exhibits for the proposed configuJ:';:l.ti()n of the home ?-q,dition and area proposed for vacation. City, County and other outside agencies were given the opportunity to review and provide comments regarding this application. The City Engineering Department has recommended denial of the request. Please see the attached Exhibit E for Engineering staff comments. ALTERNATIVES 1. Recommend to the City Council the approval of the vacation. 2. Recommend to the City Council the approval of the vacation subject to 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. STAFFRECO~ENDATION Staffrecomrnends Alternative No.3, recommend to the City Council denial of the vacation. ACTION REQUESTED Offer and pass a motion recommending denial of the vacation. g: \boaa-pc\2005\02-03 \vackatzner,doc Shakopee - Location Maps ri:1g,c .1 U1. 1. 6XHIBI1 A '\/' -"\ \ I j If'- ~ \. '(""r \ I ......... ~ I /\ \ \ I II 0 / >if \ \ Y'--,f / /~ \ /\ \ ~ \ \./. ""~'-..... I / j.... , \......./, \ /......../ "'_ ..J... I I ............. \\ A' /X 'r---. -! I I/"--. '\<-y 'J ~ \. I)-~,I I r ~V/ A . ~\ '--- / / IJ;;~~ ! 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LTD. 12400 PRINCETON AVENUE SOUTH, SAV~GE, MiNNESOTA 55378. 612.890-9201 CertUlcate Of Survey For B & n DEVELOPMENT --. -........ .. ... -- -- . 'N .. ~f----~ /'~f(/~ z,l~-/ 1/ N. ~ ' ~//! H,.....'" .8>>.6 ,. ~~ t No I-Iou". e;:) . c:; , l' 1'1'/: !')(() , , ,~. . .. il!::; \1 " .~ 1 '" BeB-nngs . sre assumed . 'II- I" I PI ~ 0 Denotes ~ron monument :, ~ ...... ~OO..2 \ \- ICJ '\j ~ P I \ ~ ~.~ cS. ~ JIj lOs!' .. "'= ~ . \ I ul;li~/8f. I , ~. h . oj.' (J / '(I (,0 (;I' e . , . ., - . .of ( p. \ / x "]'1'1.'+ Denotes ex~stlng elevat:on " V pe . J ~o2g Denotes proposed ele"vatl.on ~ ....."L----- goo.~}q 8.M. 'of N<.t'\ o~ liyd. e ~ $2 ]I>- a -r- H v) CO",'', t::'" O!;l Y it. eI- L i l'i\ e. s to\o.e. . 'j. . . ...... ....... . ..,.. . ' .... ..-- ... ...... ... . a ?tOT 70.00 , Pro poie d Top c.r; Bloc h ~ N 89047 '30"W pro f,"sed Ga'i4:(e 2146 Elell. GiiO&iJ . PROPERTY DESCRIPTION : . ... . . -~. LOT 18~ BLOCK :3 , HAUER'S 4TH ADDITION, - SCOTT COUNTY. MINNESOTA. We hereby cerllly that thIs is a true and correct representation at a survay 01 the boundaries of the above dllscribOO land. and o! the location oi all I>uHdings th''''on., ,nd .~ "';;'".'00.""""'" " .ny, "om .r on s.Id ""d~ ~ / A As surveyed by us (hiS .1.5.... clay of JC/ t?.L- 19!27. ~ IS "- Minnesota License No, /4890 GXHIBI1 V Leo & Cynthia Katzner 2460 Emerald Lane Shakopee, MN Lot 18, Block 5 Hauer's 4th Addition Emerald Lane ....- 2460 Emerald Lane ~------. 4) U .l:l (,) 11 ~ "Cl IJ) :s oS .~ IJ) 5 'r;; 5 .s "Cl ..... 0 e =' IJ) :S - ----- --- See Attached Enlargement ~XH/err /) I \ Enla gement \ . I Addi ion to House I 2460 Emerald Lane I Lot 8. Block 5 I (l) Hau r's 4th Addition ~ I ~ I · ~ .~ I I~ ~l I~ ~I I 24 23 ft (1)1 I ClJ \ 001 I ~I I I I O.5ft I 7.50ft I I I 22.77-E / / /1 I ~ /' , / / : . '// \ / // / 13.0ft I ' / / / ~ / / ' ,/ / / /:. II ,/ / / ,~ ,/ / ,/ , I // . \ ? / /.. /,c; \ \ \ : I 1. )[t .. \ .. \. ~ I \ \. o,t'tll- fC ~ I \ \ ! I -\t \>t \j~ [/ I I I ( '. I J "'-."'-. J ! I I '. ""-... GXfllBlr C City of Shakopee Memorandum TO: Julie Klima, Planner II FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: Emerald Lane Easement Vacation CASE NO.: 05016 DATE: January 20,2005 The application indicates a request to vacate a portion of a 10-foot side yard easement located at 2460 Emerald Lane. After reviewing the above referenced application we offer the following comments: 1. The city currently does not have plans to utilize this easement for the installation of utilities. However, it is common for cities to go into developed areas years after initial construction and find that sufficient easements do not exist to make proposed improvements. The City is then forced to purchase easement rights because sufficient easements were not obtained at the time of platting. Therefore, it is not in the City's best interest to give up easement rights in this area. Recommendation We recommend denial of the easement vacation. j