5.3. SR 01-18-2005
Item # 5.3.
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Leeseberg, Planner 4:-
DATE: January 18, 2005
SUBJECT: Case No. EV 05-0 I
Request by Robert Benson for Easement Vacation -
Lot 2, Block I, Hillside Estates 8th Addition
Request
Consider a request by Robert Benson for an easement vacation.
Location
Lot 2, Block 1, Hillside Estates 8th Addition
Zoning/Land Use
R1-c (Single Family Residential) / MR (J'vfedium Density Residential)
Attachments
. Location Map
. Survey
. Resolution No. 05-_
Overview
The Council is considering a request to vacate a portion of the existing drainage and utility
easement located approximately 15-18 feet away from the rear of the house. The applicant is
requesting the easement vacation to construct a 20-foot wide by 24-foot deep deck off the
rear of the house. The proposed deck will extend 6-9 feet into the easement.
No legal description was provided that indicated how much of the easement they would like
to vacate. This information will need to be provided. Staff would recommend that a 10-
Memo to Mayor & City CounciJ/EV 05-01
January 18, 2005
Page 2
foot wide portion of the easement parallel to the easement line at the rear of the house be
vacated.
The development plan does not indicate any ponding located in this easement but suggests
that the easement is to maintain drainage around the home sites. The slope of the grade
behind the house to the sides is roughly 20% with a flat area directly behind the house. The
only disturbance of the site would be for the footings for the posts of the deck, which would
have no adverse effect on drainage.
The City Engineer has reviewed this request to vacate the easement and had no comment.
Recommendation
Staff recommends that the Council approve Resolution No. 05-_ vacating a portion of the
drainage and utility easements Lot 2, Block 1, Hillside Estate Sth Addition with the following
conditions:
1. All comments form the City Engineer shall be addressed.
2. A legal description of the easement vacation shall be provided prior to
recording the request at the County.
S:\PLANNING\Case Files\2005\EV 05-01 Benson\EV 05-01_CC.doc
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RESOLUTION 05 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENT
Case No. EV 05-0 I
WHEREAS, the property owner abutting the street, drainage, and utility easement has
requested the City Council in a petition dated, December 14, 2004, to vacate
such easement according to law; and,
WHEREAS, a public hearing was held on January 18, 2005 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, 2005 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:
Exhibit A
Adopted by the Elk River City Council this 18th day of January, 2005.
Stephanie Klinzing, Mayor
ATTEST:
Patrick Klaers, City Administrator
S:\PLANNING\Case Files\2005\EV 05-01 Benson\RESOLUTION.doc
EXHIBIT A