7.2. SR 09-16-2019 ��i
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lk — - Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearinj ISeptember 16, 2019 Zack Carlton,Planning Manager
Item Description Reviewed by
Easement Vacation: Nate Cary, 10710 188th Ave Brandon Wisner, Stormwater Coordinator
NW Amanda Bednar,Environmental Coordinator
Reviewed by
Cal Portner, City Administrator
Action Requested
R
Adopt,by motion,a resolution vacating a portion of the drainage and
utility easement along the rear property line at 10710 188"'Ave NW, !with the condition that work in the area to be vacated may not begin
until the resolution vacating the easement is recorded.
Background/Discussion
.CR 33
Case No. EV 19-05 - The applicant requested vacation of the first 5 feet
(closest to the home) of the drainage and utility easement to construct a ma
retaining wall 10 feet from the rear property line.There is an existing, z
shorter,retaining wall located 5 feet closer to the rear property line.The _
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proposal will move the retaining wall further from the wetland behind
the home and bring the property into compliance with city ordinances.
Hwy 10
The 15-foot easement was established with the plat of Twin Lakes CR iz
Estates in 2004, two years before adoption of the wetland setback
ordinance and accounted for a change in the perimeter of the wetland Y
behind the property. The home was constructed in 2007 and the
current retaining wall was constructed after the home.
The city environmental and stormwater coordinators reviewed the
property conditions and plans for the wall and are comfortable with the
request. A planting plan for the area below the proposed wall and
replacing the area where the existing wall is being removed has also F;�u��
been submitted for review. The new retaining wall will need to comply with all other city ordinances.
Financial Impact
None
Attachments
■ Location Map
■ Resolution
■ Landscape and Retaining Wall Plan
The Elk River Vision
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service, and community engagement that encourages and inspires prosperity INATUR
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Eement + n n tl ll Case No-, EV 19-05 fiver
City of
El City of Elk River
River City Council
Resolution 19-
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 19-05
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 reduce the non-conformance of the property;and
WHEREAS, a public hearing was held on September 16,2019,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 Easement described in
Exhibit"A".
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 reduce the non-
conformance of the property.
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.
Passed and adopted this 16`''day of September 2019.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
PV0WIIHEo6V
4MU�g
EXHIBIT A
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\ F Proposed Easement Vacation
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EXHIBIT A
That part of the Drainage and Utility Easement dedicated in the plat of TWIN LAKES ESTATES,
NORTH
Sherburne County, Minnesota which lies within that part of the Northeast 5.00 feet of the
Southwest 15.00 feet of Lot 2, Block 6 in said plat, lying Southeast of the Northwest 5.00 feet
of said Lot and lying Northwest of the Southeast 5.00 feet of said Lot. 0 30
FILE NAME: ZZZ19480 EXH
PROJECT NO: =Z1 9480 BY: DM
in Exhibit A
collaboration
• R M Nate Cary Lot 2 , Block 6, TWIN LAKES ESTATES
Easement Vacation Exhibit09.12.2019
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