6.1. SR 09-15-1997ity of
iYer
FROM:
DATE:
Item # 6,1,
MEMORANDUM
Mayor and City Council
Scott Harlicker, Planning Assistant~~tL
September 15, 1997
SUBJECT:
Request by Daniel and Kris Lofgren
for Drainage Easement Vacation,
Public Hearing Case No. EV 97-5
Request
Consider a request by Daniel and Kris Lofgren for a drainage easement
vacation in Brentwood subdivision.
Location
19631 Lowell Street, Lot 10, Block 10, Brentwood
Zoning/Land Use
Rla (Single Family Residential / LR (Low Density Residential
Attachments
· Resolution No. 97-
· Location map
· Site plan
· Letter from applicant dated August 21, 1997
Background
The applicant is requesting a drainage easement vacation in order to
construct a 26' X 28' addition. They are requesting to vacate approximately
524 square feet of a large drainage easement (approximately 32,743 square
feet) that covers about 1/2 of their lot. The area which the applicant would
like to vacate is located near the center of the lot on the east side of the
existing house.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City CounciYEV 97-5
September 15, 1997
Page 2
The drainage easement that encumbers this lot is one of 20 that are located
throughout the subdivision. They appear to cover low areas on different lots.
The easement on this particular lot covers a low area and the adjacent slopes
on the east half of the lot. The area that is proposed to be vacated is on the
west side of the easement, and includes an upland area and an area that
slopes down to the low portion of the easement. Because the area proposed to
be vacated does not include the low land, this request should not impact the
effectiveness of this drainage easement. The City Engineer is reviewing this
request, his comments will be available for Monday nights meeting.
Recommendation
It is recommended that the City Council approve Resolution No. 97-
approving this request for a drainage easement vacation.
f:\shrdoc\planning\scott\ev97-5.doc
RESOLUTION 97 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE
EASEMENTS
Case No. EV 97-5
WHEREAS, the property owner abutting the drainage easement has requested
the City Council in a petition dated August 21, 1997, to vacate such
easement according to law; and,
WHEREAS,
a public hearing was held on September 15, 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 September 4, 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 15th day of September, 1997.
ATTEST:
Henry Duitsman, Mayor
Sandra Thackeray, City Clerk
\\elkriver\sys\shrdoc\document\resoluti\ev97.5.doc
EXHIBIT A
PROPERTY D£9£RIPTION:
~A$C~CNT TO BE VAgAT£D:
Lot I0, 810C~
fh~ drninn~e e~sement ~s deal/coted /~ ~d/~ A/at; thence no~her~v
along sa~ we~t.rly Ilrm ur ~t~ drab~ge ~as~ment ~ d/stanc~ of
59. 45 feet to the point of beginning of the po~e] being described;
thence southeastern. Eeflectlhg to the right ~ ~5 ~e~rees SJ m/nute~
30 sec'ur,d~, for
ri~h ~
right ongle~ ~ U/$tonce of 36.30 feet to z~[d we~tedy /~e of
EXHIBIT A
$6§°40,00.£ 219.00'
" ......... $~$°40'00"£ 220.,.~5'
19617'1 AVE.
~LOCATION
~ LOCATION
City of ~t,~h~f~
Ell4,~R'iver
MAP
Et~ ~iver. MN 55~30
Dan & Kris Lofgren
19631 Lowell Street ]xVW
Elk River, MN 55330
(W) 441-6505 (h) 441-2725
August 21, 1997
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
To Whom it may Concern:
We are request a drainage easement vacation on our property located at Lot 10, Block 10,
Brentwood Addition. Our home was built in 1985 and our needs have si~ificantly changed with
the growth of our family. We have met with a designer and have found the most reasonable
building plan would expand our house across the existing drainage easement.
The proposed 26'x28' addition would encroach only slightly on the easement, as highlighted on
the attached land survey. The driveway for the tuck-under garage would enter from the south-
east side of our property. The enclosed photographs show the house and the area where the
addition would be on the easement.
We enjoy our existing home and surrounding area and believe remodeling is a much better choice
rather than building new. It is our hope that you will grant this request at your earliest
opportunity. If you have any further questions please contact us at one of the two phone numbers
listed above.
Thank you for your consideration.
Very truly yours,
Dan & Kris Eofgren