7.1. SR 06-04-2018
Request for Action
To Item Number
Mayor and City Council 7.1
Agenda Section Meeting Date Prepared by
Public Hearings June 4, 2018 Zack Carlton, Planning Manager
Item Description Reviewed by
Easement Vacation: Bryan Provo Cal Portner, City Administrator
Reviewed by
Action Requested
Adopt, by motion, a resolution to vacate a portion of a drainage and utility easement for Bryan Provo,
with the following conditions:
1. Submit a legal description of the approved area to be vacated.
2. A building permit for the pool will not be issued until the vacation has been recorded.
Background/Discussion
Case No. EV 18-02
The applicant requests vacation of the southerly 18 feet of the drainage and utility easement on his
property. If approved, he plans to construct an in-ground swimming pool in his backyard. The area
vacated will allow for the pool, landscaping/grading, and a retaining wall. A shed currently encroaches
approximately 15 feet into the easement and the vacation would also bring the shed into compliance. The
5-foot side yard setbacks would remain unchanged.
The easement was established with the plat of Nordic Hills for the purpose of limiting development near
the large wetland area south and east of the development. In order to construct the pool a variance is also
required. The Board of Adjustments approved the variance during their May 22, 2018, meeting. Approval
of the easement vacation is a condition of approval for the variance.
The variance included conditions to protect the wetland from runoff and sedimentation impacts resulting
from development close to the wetland. With those conditions, and the Board of Adjustments approval
of the variance, staff is comfortable with the proposed vacation.
Financial Impact
None
Attachments
Board of Adjustments Packet dated May 22, 2018
Vacation Exhibit
Resolution
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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City of Elk River
City Council
Resolution 18-____
A Resolution of the City Council of the City of Elk River to Vacate a Portion
of a Drainage and Utility Easement
Case No. EV 18-02
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks’
published and posted notice of the hearing and after mailing written notice of the hearing at
least ten (10) days before the hearing to each property owner affected by the proposed
vacation, the Elk River city Council has conducted a hearing to consider the vacation of the
easement legally described on the attached Exhibit “A” (“Easements”); and
WHEREAS, vacation of the easement is appropriate as the vacated easement is no longer
needed as the applicant will be completing site improvements to protect the nearby wetland;
and
WHEREAS, a public hearing was held on June 4, 2018, before the City Council of the City
of Elk River on such request after published and posted notice had been given, and all
persons interested were given an opportunity to be heard at the public hearing; and
WHEREAS, it appears that it is in the public interest to vacate the Easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The Easement legally described on the attached Exhibit A is hereby vacated upon
the Owner of the Subject Property making improvements to preserve wetland
protections.
2. The City Clerk is directed to file a certified copy of this Resolution with the County
Auditor and County Recorder/Registrar of Titles in accordance with the terms of
this Resolution.
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Passed and adopted this 4 day of June 2018.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Exhibit A
The northerly 18.00 feet of the drainage and utility easement of Lot 32, Block 2, NORDIC
HILLS, as dedicated in the recorded plat thereof, Sherburne County, Minnesota.
Bryan Provo
Easement Vacation
Background
Build pool within existing easement
37 foot wetland variance
Pool, retaining wall, and grading impact 18 feet of
easement.
Staff supports vacation
Variance conditions address concerns
Action
Adopt, by motion, the resolution vacating 18 feet of the
existing drainage and utility easement.