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7.1 SR 09-06-2022Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings September 6, 2022 Zack Carlton, Community Development Director Item Description Reviewed by William Zacharda and Virginia Bloomdahl – Peter Beck, City Attorney 13569 Ranch Road Chris Leeseberg, Senior Planner  Easement Vacation Reviewed by  Platted Exemption: Zachardas Acres Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution vacating the existing drainage and utility easements on Lot 1, Block 14, Windsor Park Third Addition with the condition that the resolution be recorded immediately prior to the recording of the plat of Zachardas Acres. Adopt, by motion, the resolution approving the plat of Zachardas Acres with the following conditions: 1. The plat shall be recorded immediately after the associated easement vacation. 2. Sherburne County shall approve the re-location of the existing driveway and the driveway should be pushed as far west as possible to maximize snow storage between the existing driveway to the east. Background/Discussion The applicant, William Zacharda, is working with the adjacent property owner to adjust their property lines and provide dedicated street access for his, currently landlocked, parcel. Mr. Zacharda accesses his parcel via a 60-foot-wide roadway easement which was granted by the city when his home was constructed. The current situation is unique as the ordinance requires all buildable parcels to have direct access to and abut a public right-of-way. The existing configuration does not satisfy this standard, and the proposed boundary line configuration will bring the property into compliance regarding the access standards of the ordinance However, the plat brings forward a secondary concern by creating a flag lot. Staff and the city attorney have reviewed the proposed plat and believe that this proposal creates a better long- term solution to the property access concerns that currently exist within the ordinance. The general appearance of the area will not change as there will still be one driveway and one home, but the lot will now have direct access to The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 the county road. Additionally, the request does not create any new lots and as this is considered a boundary line adjustment, is exempt from our subdivision ordinance. Finally, the existing driveway serving the applicant’s property will be adjusted further east to ensure it is within the limits of the new parcel. The applicant has been working with Sherburne County to receive approval of the new driveway location. Staff has included conditions of approval noting that the plat may not be record until the applicant receives written approval from the county, and that the driveway should be pushed to the west as far as possible. This condition is to ensure there is adequate snow storage between the two driveways along Ranch Road. Easement Vacation The requested easement vacation removes the existing drainage and utility easements that had been included during the platting process for Windsor Park Third Addition. The new plat will establish new drainage and utility easements consistent with standard platting practices. As the easements will be replaced, staff does not have any concerns with the proposed vacation. Financial Impact None Mission/Policy/Goal Support citizen goals and objectives. Attachments  Location Map  Easement Vacation Resolution  Plat and Overlay Graphic  Plat Resolution N:\\Public Bodies\\Agenda Packets\\09-06-2022\\Final\\Laserfiche\\7.1 sr Zacarda.docx City of Elk -�.-1 River City of Elk River City Council Resolution 22- A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate Drainage and Utility Easements 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 Easements is appropriate as protections established by the Easements will be replaced with the recording of the plat of Zachardas Acres; and, WHEREAS, a public hearing on said petition was held on September 6, 2022, before the City Council of the City of Elk River after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The petition to vacate the drainage and utility easement, as described in Exhibit A, is hereby granted, based upon the following Findings of Fact: A. The Council finds the drainage and utility easement described in Exhibit A will be replaced with the plat of Zachardas Acres. 2. Vacation of the drainage and utility easement described in Exhibit A shall be effective at the time of recording of the necessary documents. Passed and adopted this 6th day of September 2022. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Exhibit A Drainage and Utility Easement Vacation Sketch All of the drainage and utility easements, as created and dedicated over, under, and across Lot 1, Block 14, WINDSOR PARK THIRD ADDITION, according to the recorded plat thereof, Sherburne County, Minnesota. Denotes Easement ��e�� CARLSON �s�I����t on Area LL ��II��,,�I �i: UITNtl'.'�i"fl[NC ����.... � IIII NF1111117a 111111810 I1 1 AL GRAPHIC SCALE 0 50 100 200 3890 PHEASANT RIDGE DRIVE NE, SUITE 100, BLAINE, MN 55449 TEL 763.489.7900 \ FAX 763.489.7959 \ CARLSONMCCAIN.COM (IN FEET) 745810035—easement vacation (8.5x14 sheet) If S. -E M.L L,LZ.69S 03 - , i - QL 300,41 kin ;E AND. -. ARC SN�`a Ys' � � • i •� sy. � i .�. � I • �1 I n F City of Elk -�.-1 River Resolution 22- A Resolution of the City Council of the City of Elk River Granting Plat Approval for Zachardas Acres WHEREAS, application has been made for plat approval, pursuant to Section 30-352 (c) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the plat of the Property; NOW, THEREFORE, BE IT RESOLVED It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Chapter of 30 of the City Code of Ordinances and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. The officers of the City are hereby authorized to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. i The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. 4. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 6th day of September 2022. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i EXHIBIT A LEGAL DESCRIPTION The East Half (E1 /2) of the West Half (W1 /2) of the South Half (S1 /2) of the Northwest Quarter (NW1/4), Section 8, Township 33, Range 26, Sherburne County, Minnesota. Together with a 60.00 foot wide private easement for access, drainage, utility, and purposes over, under, and across Lot 1, Block 14, Windsor Park Third Addition, according to the recorded plat thereof, Sherburne County, Minnesota. The Westerly line of said easement is described as follows: Commencing at the Northeast corner of said Lot 1, thence South 89 degrees 27 minutes 17 seconds West, plat bearing 340.26 feet to a corner of said Lot 14 and the point of beginning of the line to be described; thence South 9degrees 49 minutes 20 seconds West along the common line between Lot 1 and Outlot G of said Windsor Park Third Addition 299.41 feet; thence South 00 degrees 15 minutes 10 seconds West, continuing along said common line and its southerly extension 1172.13 feet to the North line of Ranch Road Northwest (a.k.a. County Highway No.33) as dedicated in said plat of Windsor Park Third Addition said line there terminating. The easterly line of said easement is to be extended or shortened to terminate on the North line of said Lot 1 and the northerly right-of-way of County Highway No. 33. AND Lot 1, Block 14, WINDSOR PARK THIRD ADDITION, Sherburne County, Minnesota. i