8.3. SR 01-21-1997'~ity of
iver
ITEM 8.3.
MEMORANDUM
TO:
FROM:
Mayor and City Council
Scott Harlicker, Planning Assistant~~
DATE:
January 21, 1997
SUBJECT:
Scott Breuer Construction Request for
Easement Vacation, Public Hearing
Case No. EV 96-4
Request
Scott Breuer Construction Inc. is requesting that the City vacate 5 feet of a
15 foot drainage and utility easement on the south side of their lot in the
Lafayette Woods subdivision.
Location
19594 Quinn Circle NW., Lot 7, Block 1, Lafayette Woods
Attachments
· Resolution No. 97 - __
· Location map
· Map of Lafayette Woods
· Survey of easement proposed to be vacated
Overview
Existing conditions
Under normal situations there is a 5 foot drainage and utility easement
dedicated along side property lines. However, in this case there is a 15 foot
drainage and utility easement along the side property line between lots 7 and
8. Therefore, the easement is a total of 30 feet wide to accommodate a storm
sewer line which is runs from the street, along the property line, to the pond
that is located to the rear of these lots.
The lot is about 80 feet wide and is currently vacant. The applicant is
proposing to construct a house on the lot.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/EV 96-4
January 21, 1997
Page 2
Reason for easement vacation request
Because the lot width is 80 feet, when the 5 foot easement on the north side
and the 15 foot easement on the south side are subtracted from the lot width,
there is only 60 feet left in which to fit a house. Typically, this may be enough
lot width; however, the applicant has indicated because of the development
covenants, it would be nearly impossible to build a house of the size and
caliper needed to meet those requirements without extending into the
easement. The vacating of 5 feet of the easement on the south property line
would allow the applicant to construct their house to fit on the lot.
Since the lot is wider to the rear than it is at the front, the applicant
investigated the possibility of locating the house further towards the rear of
the lot so that it might fit within the existing easements. But due to
structural considerations of the house and site constraints on the lot that
option would not be feasible.
This has been discussed with the City Engineer and vacating 5 feet would not
prevent proper maintenance of the existing storm sewer. The 30 foot wide
easement was critical at the time the utilities were installed.
Recommendation
Staff is recommending that the City Council approve Resolution No. 97-
granting the 5 foot the easement vacation request by Scott Breuer
Construction Inc.
s:\planningXscott\ev96-4.doc
RESOLUTION 97 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
WHEREAS,
the property owner abutting the drainage and utility easement has
requested the City Council in a petition dated December 15, 1996
to vacate such easement according to law; and,
WHEREAS,
a public hearing was held on January 21, 1997, before the City
Council at the Elk River City Hall on such petition after due
published and posted notice had been given as well as personal
notice to affected property owners on January 6, 1997, and all
persons interested were given an opportunity to be heard; and,
WHEREAS, it appears that it will be in the best interest of the City to approve
such petition.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the drainage and utility easement described as follows is hereby
vacated:
See attached Exhibit A
Adopted by the Elk River City Council this 21st day of January, 1997.
ATTEST:
Henry Duitsman, Mayor
Sandra Thackeray, City Clerk
s:Xdocument\resolution\ev96-4.doc
EXHIBIT A
Drainage and utiJity ~semeat vacation over, under. ~nd across tha~ pan o£Lo! 7, ~ I,
Eatablished tn 19~
LOT SURYETS COMPANY, INC.
LAND SURVEYORS
REGI~"I'ERED UNDER THE LAWS OF b'TATE OF uINNE.SOTA
~urvr~nrs ~rrtifiratr
SCOTT DREUER CONSTRUCTION, Inc.
Property located in Section
28, Township 33, Range 26,
Sherburne County, Minnesota.
EXHIBIT A
INVOICE NO. 45~'57
F.B.NO
SCALE: 1" -:)9'
~.0 ~tem [xlot~
~ ~tom ~ [kvot~
T~ of ~
,~t.f.
AREA TO BE VACATED
Lot 7, Block 1, LAFAYETTE WOODS
Proposed I~ldlng inforrrmtion must be checked with opproved building
lpaon before excovotlon end cor~truction.
The only easements abcom ore from plote of record or informotlo*q
~ovided by c~ient.
J We hereby certify thor this is o true ond correct representot;o~ of
o lurvey of the botr0cJorles of the obove described ~ ong tho
' IOe. O.t!o,~ of a~-bulkfings cnd.vislbie, e~crpochments, if o~y, frem or off
SOlO ~ · ~' · .......
Suer. eyed by u~ this 20th day of Nov. 1996.
lam. Reg. N0.21'~3
Wt)ODI..I \'D
TO~ OF T~E WORLD PARK
LOCATION,
City of
LOCATION
MAP
'/IFA YETTE WOOnS
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CITY OF ELK RIVER,
SHERBURNE f'qUNTY,
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OUTLOT
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OUTLOT
LOCATION
N.E. Co(n~ of Sec.
T. 33, R. 26. A ShM~urne
County Monum~t. ~
Sec. 28, T. 33, R.26.--~
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E~tablished tn 1962
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
Rr'-GISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7001 T3rd Avenue North 812-660-3003
Fix No. 660-3622
MJnnoepolts. Mlnne~ot& 65428
ururuors (llrriifirair
SCOTT DREUER CONSTRUCTION, Inc.
INVOICE NO, 45257
F.B.NO, 743-52
SCALE: 1" = 3o'
0 D~otes Yeti 1&3nascent
0 Denot~ Wood ~ ~t
f~ exc~ot~ ~y
~od T~ of ~
~ Lo.est ~
Property located in Section
28, Township 33, Range 26,
Sherburne County, Hinnesota.
-C.~6. 6_?
AREA TO BE VACATED
Lot 7, Block 1, LAFAYETTE WOODS
Proposed building informatio~ must be checked w th approved building
plan before excavotion end construction,
The only easements shown ore from plate of record or information
provided by client.
JWe hereby certify that this is a true and correct representotion of
· ? I~vey .of the bol. rtdarJos of the above described land and the
Surv. eyed by u~ this 20th day of NOV. 199...~6.
Cherke Ir. Andaroofl, ~ R~ No.217~3
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