6.5. SR 06-15-1998ity of
iver
FROM:
DATE:
Item # 6.5.
MEMORANDUM
Mayor and City Council
Scott Harlicker, Planning Assistant~
June 15, 1998
SUBJECT:
Request by Chip Martin for Easement
Vacation, Public Hearing Case No.
EV 98-2
Request
Consider a request by Chip Martin to vacate a portion of City right-of-way
which was platted as part of 5th Street.
Location
Located between Highway 10 and the Burlington Northern Railroad near the
intersection Highway 10 and Morton Avenue
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
· Location map
· Survey of property
· Letter from applicant
· Resolution No. 98-
Overview
The parcel the applicant is requesting the city to vacate was platted in
Houlton's Addition as part of 5th Street right-of-way. It is approximately 48
feet by 138 feet with an area of 6,624 square feet. The property is wooded
and is at a lower elevation than the surrounding land. The applicant is
requesting the vacation so that he can combine it with his current holdings.
It would become part of property which is Martin Plaza.
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 Council/EV 98-2
June 15, 1998
Page 2
The applicant owns property to the south, between the property under
consideration for vacation and Highway 10, and the property directly to the
east. To the west is a continuation of the right-of-way for 5th Street and to the
north is Burlington Northern right-of-way.
By acquiring the right-of-way for 5th Street the applicant will be able to
square off the western end of his property. Currently it is approximately 29
feet deep. With the addition of the right-of-way, it would be about 66 feet
deep. Even with the additional property, the western end of the applicant's
property would not be wide enough to accommodate a structure given the
current setbacks for the C3 (Highway Commercial) district. Those setbacks
are 25 foot front setback, 40 foot rear setback and 20 foot side setback. The
most probable use of this portion of his property would be for parking. In
order to accomplish this the trees would have to be removed and fill brought
in to bring the property up to the same elevation as the surrounding
property.
The property as it sits provides a buffer between Highway 10, the railroad
and an industrial outdoor storage area on the north side of the railroad
tracks. By vacating this right-of-way the it is likely the buffer provided by
this right-of-way will be eliminated.
The property also provides an opportunity for a possible location to extend
municipal services under the railroad tracks. There may be a need in the
future to connect water service from the north side of the tracks to the south
side of the tracks. This right-of-way would be a likely location for such a
connection.
Recommendation
It is recommended the City Council approve Resolution 98-__ denying this
request to vacate a portion of the right-of-way for 5th Street with the
following findings:
The right-of-way provides a buffer between the industrial uses and
outdoor storage area north of the railroad tracks and Highway 10.
The right-of-way provides an opportunity to extend utilities under the
railroad tracks for future connections of utilities between the north
side of the railroad tracks and the south side.
\\elkriver\sys\shrdoc\planning\scott\ev98-2.doc
LOCATION
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~ LOCATION
~' '~R" MAP
Ell~ ~ver
[~065 Orono ?~kway · P.O. Eo× ;90
CASE:
EV 98-2
ITl
City of Elk River
Elk River, Mn.
Planning Department ;
The reason I would like the descr-bed proper~ty vacated,
is to square up my lot so I can make better use of it.
Yours Truly,
Edmond Martin
RESOLUTION 98 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING STREET DRAINAGE AND UTILITY
EASEMENT
Case No. EV 98-2
WHEREAS,
the property owner abutting the street drainage and utility
easement has requested the City Council in a petition dated April
13, 1998, to vacate such easement according to law; and,
WHEREAS,
a public hearing was held on June 15, 1998, 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 June 5, and all persons
interested were given an opportunity to be heard; and,
WHEREAS, it appears that it will not be in the best interest of the City to approve
such petition.
NOW, THEREFORE, BE IT RESOLVED that such petition to vacate the street,
drainage and utility easement described on Exhibit A is hereby
denied based on the following findings:
The right-of-way provides a buffer between the industrial
uses and outdoor storage area north of the railroad tracks
and Highway 10.
The right-of-way provides an opportunity to extend utilities
under the railroad tracks for future connections of utilities
between the north side of the railroad tracks and the south
side.
Adopted by the Elk River City Council this 15th day of June, 1998.
ATTEST:
Henry Duitsman, Mayor
Sandra Thackeray, City Clerk
\\elkriver\sys\shr doc\document\r esoluti\ev98-2 .doc
EXHIBIT A
All that part of a strip of land, being an unnamed street, shown on the duly recorded plat of
HOULTON'S ADDITION, Sherburne County, Minnesota, lying 'southwesterly of the
Southwesterly line of the right-of-way of the Great Northern Railway (now Burlington
Northern Santa Fe railroad); lying northeasterly of the Northeasterly line of Block 2, said
HOULTON'S ADDITION; lying westerly of the Northerly extension of the Easterly line of
Lot 8, said Block 2; and lying easterly of the Northerly extension of the Westerly line of Lot
2, said Block 2. Said unnamed street being part of the Northeast Quarter of the Southeast
Quarter of Section 33, and part of the Northwest Quarter of the Southwest Quarter of Section
34, both in Township 33, Range 26, said County.
PROPERTY D BY APPLICANT