6.12. & 6.13. SR 05-15-2000'ity of
'ver
Item# 6.12. & 6.13.
MEMORANDUM
Mayor & City Council
Michele McPherso ctor of Planning
TO:
FROM:
DATE:
May 11, 2000
SUBJECT:
Case Numbers: AS 00-3 and EV 00-3
Request by E. J. Erzati for an
Administrative Subdivision and Vacation of
Drainage and Utility Easements
Request
The applicant requests that the following items be approved:
An administrative subdivision to reconfigure the lot line separating Lots 5 & 6,
Block 2, Brentwood Addition, and
An easement vacation to vacate separate areas of drainage and utility
easements on Lot 5 and Lot 6, Block 2, Brentwood Addition.
The applicant intends to sell one lot and retain one lot.
Location
Lots 5 & 6, Block 2, Brentwood Addition (corner of Irving Street and Brentwood Lane)
Zoninq/Land Use
Rla (Single Family)/LR (Low Density Residential)
Attachments
Location Map
· Certificate of Survey
· Easement Drawing
· Memo from the City Engineer
· Resolution Number 00-
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/AS 00-3 & EV 00-3
May 10, 2000
Page 2
Analysis
The plat of Brentwood was approved in 1980. Park dedication was collected at the time
of approval.
Administrative Subdivsion
The purpose of the proposed subdivision is to reconfigure the line separating Lots 5 &
6, Block 2 Brentwood Addition. Both lots are currently vacant. The existing lot line
separating the two lots runs in a north-south direction, with the "short side" of the lots
fronting on Brentwood Lane. The new configuration would turn the lot line almost 90
degrees to a more east-west direction.
The lot area (approximate) of the lots in their current configuration is:
Lot 6:2.05 acres
Lot 5:2.63 acres
The lots were approved at this size on the original plat.
The proposed lot areas are:
Parcel A: 2.25 acres (northerly lot)
Parcel B: 2.43 acres (southerly lot)
No additional land is available to increase the lot areas; adjacent lots are built upon.
The lots are encumbered by a 240-foot Northern States Power power line easement
and three areas of drainage and utility easements. In order to construct a house on Lot
5 in its current configuration, a drainage and utility easement must be vacated.
With the exception of the area within the power line easement, the lots are heavily
wooded with a mix of oak, aspen, birch, and sumac. Care will be required to minimize
impact to trees outside of the construction area. The topography is rolling, especially
on Lot 6. Lot 5 should require little filling or grading for the building pad.
Additional drainage and utility easements are required along the separating lot line, and
the existing west and north lot lines. The City Engineer further addresses grading and
drainage issues in his memo.
No soil borings have been provided for septic system construction purposes at this
time. These should be provided prior to the recording of the subdivision.
Memo tothe Mayorand City Council/AS 00-3 & EV 00-3
May 10,2000
Page 3
Easement Vacation
The applicant is requesting a vacation of two easement areas, one on proposed lot (see
attached drawing).
The drainage easement on Parcel A is located adjacent to Irving Street and
encompasses an area 80 x 200 feet. This is the area where a home would likely be
constructed, as it is on the highest part of the lot.
The drainage easement on Parcel B is located in the center of the lot, however, as
indicated in the City Engineer's memo, not enough information was submitted to
determine if the easement could be vacated at this time. There is an area 160 x 160
feet outside of the easement that provides adequate space for the construction of both
a home and a septic system. A condition of the easement vacation should be that a
thorough investigation of the easement area occur prior to the vacation occurring. The
engineering staff will draft the legal descriptions for the easement vacation.
Additional drainage easements will be required as noted earlier in the staff report.
Recommendation
Staff recommends that the City Council approve AS 00-3 and EV 00-3 with the
following conditions:
THAT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE
CITY, TEN FOOT INSIDE THE REAR AND SIDE PROPERTY LINES AND
FIVE INSIDE THE SIDE PROPERTY LINES, FOR BOTH PARCELS PRIOR
TO RECORDING THE SUBDIVISION WITH THE COUNTY.
THAT PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE
AMOUNT REQUIRED BY THE CITY BE PAID PRIOR TO RECORDING
THE SUBDIVISION WITH THE COUNTY.
THAT SOIL BORING INFORMATION BE SUBMITTED PRIOR TO
RECORDING THE SUBDIVISION WITH THE COUNTY.
THE EASEMENT VACATION IS CONDITIONED UPON A THOROUGH
REVIEW OF THE SITE BY STAFF. THE LEGAL DESCRIPTIONS OF THE
AREA(S) TO BE VACATED SHALL BE DRAFTED BY CITY STAFF.
5. THAT ALL COMMENTS FROM THE CITY ENGINEER BE ADDRESSED.
i
LOC~TIOH
PARK
City of
LOCATION
MAP
I13065 Orono Parkway - P.O. Box 490 CASE: AS 00-3, EV 00-3
Elk River, MN .55330
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Howard R, Green Company
CONSULTING ENGINEERS
May 11, 2000
File: 810610J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
PO Box 490
Elk River, MN 55330-0490
RE:
E. J. EZATI ADMINISTRATIVE SUBDIVISION AND EASEMENT VACATION
REQUEST
Dear Ms. McPherson:
We have reviewed the Certificate of Survey prepared by Taylor Land Surveyors, Inc., for
the requested administrative subdivision and easement vacation for E. J. Ezati. Based
on our review, we would offer the following comments:
Drainage and utility easements, according to City ordinance, should be provided
along the newly created lot line.
The surveyor did not provide any indication of how drainage would be
accomplished on these lots to determine if, in fact, the drainage and utility
easements can be totally vacated, or if additional easements need to be provided
in place of the vacated easements. Therefore, we would recommend that the
easement vacation be conditioned on a thorough staff review of the lots and the
Developer providing additional drainage and utility easements on each lot if
required after staff review.
We will have our surveyor prepare easement descriptions for the drainage and
utility easements to be vacated.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
Te~E.
TJM:tw
O:\PROJ\810610j~0240~ltr 5-11-00 McPherson.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION O0 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 00-3
WHEREAS,
the property owner abutting the street, drainage, and utility
easement has requested the City Council in a petition dated April
19, 2000, to vacate such easement according to law; and,
WHEREAS,
a public hearing was held on May 17, 2000, 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 May 4, 2000, 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 May, 2000.
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:\DOCUMENT\RESOLUTI\ev00-3.doc