6.10. SR 09-16-1996'~ty of
ITl~I 6.10.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council t~~
Kendra Lindahl, Zoning Assistan
September 16, 1996
SUBJECT: Vacate Drainage Easement for Steven
and Carol Scheffler, Public Hearing
Case No. EV 96-03
!SSlte
Steven and Carol Scheffler are requesting a drainage easement vacation in
Deerfield 2nd Addition.
Location
19863 Zane Street NW, Elk River, MN 55330.
Lot 10, Block 4, Deerfield 2nd Addition. PID # 75-510-0450.
Zoning/Land Use
R-IA(Single Family Residential/LR (Low Density Residential)
Attachments
· Resolution 96-__
· Location Map
· Site Plan with legal descriptions
· Letter from applicant
· Letter from adjacent property owner
Background
The applicant is requesting a drainage easement vacation in order to fill a
portion of a Type 6 wetland. The applicant will be filling the wetland in
order to create more of a usable yard area.
13065 Orono Parkway ° P.O. Box 490 ° Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
The applicant is proposing to vacate a 10,132.5 square foot rectangular area.
The applicant would then expand the existing five foot drainage easement
along the south property line to a fifteen foot easement. Therefore, the
easement vacation results in a net loss of 7,227.50 square feet of drainage
easement.
10,132.50 square feet drainage easement vacation
+1,575.00 square foot easement on the south end of the vacated area
+1,330.00 square foot drainage easement to the east of the vacated area.
7,227.50 square foot of drainage easement vacated
The applicant would like to fill 3,640 square feet of the Type 6 wetland
surrounded by this drainage easement. The Wetland Conservation Act
allows property owners to fill up to 5,000 square feet of this type of wetland.
However, because this wetland is located in a drainage easement, the City
requires that this easement be vacated prior to filling the wetland.
On July 30, 1996, Bill Bronder of the Soil and Water Conservation District
visited the site with the applicant and me. Mr. Bronder did an informal
delineation of the wetland and identified the wetland as a Type 6 wetland.
The Wetland Conservation Act Rules allow you to fill up to 5,000 square feet
of a type 1, 2, 6, and 7 wetland, but only 400 square feet of a type 3, 4, 5, and
8 wetland in this area. Therefore, filling this wetland falls within the
guidelines for the Wetland Conservation Act.
The City Engineer has reviewed this request for any potential drainage
problems resulting from this request. Staff should have his comments
available for tonight's meeting.
Also attached is a letter from the property owner to the south of Mr. and Mrs.
Scheffier. Ronald Gall owns the property which abuts the Scheffler property
and shares the wetland in question. Mr. Gall has indicated by letter that he
has no concerns with this request.
Recommendation
Staff recommends approval of the drainage easement vacation request by
Steven and Carol Scheffier as outlined in the attached resolution.
RESOLUTION 96 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE EASEMENT
Case No. EV 96-3
WHEREAS, the property owner abutting the drainage easement has requested
the City Council in a petition dated August 14, 1996, to vacate such
easement according to law; and,
WHEREAS,
a public hearing was held on September 16, 1996, 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 August 27, 1996, 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 easement described as follows is hereby vacated:
See attached Exhibit A
Adopted by the Elk River City Council this 16th day of September, 1996.
ATTEST:
Henry Duitsman, Mayor
Sandra Thackeray, City Clerk
EXHIBIT A
Description for a vacation of the drainage easement on that part of Lot 10, Block 4, DEEP, YIELD
SECOND ADDITION, Sherbume County, Minnesota, according to the recorded plat thereof
described as follows: Beginning at a point on the, south line of said lot distant 110.00 feet easterly
of the southwest comer of said lot; thence northerly perpendicular to said south line a distance of
113.00 feet; thence southeasterly deflecting to the right 107 degrees 26 minutes 50 seconds a
distance of110.06 feet; thence southerly deflecting to the right 72 degrees 33 minutes 10 seconds
a distance of 80.00 feet to a point on said south line; thence westerly along said south line a
distance of 105.00 feet to the point of beginning.
Description for a drainage and utility easement over, under and across the south 15.00 feet of Lot
10, Block 4, DEEP, FIELD SECOND ADDITION, Sherbume County, Minnesota, according to
the recorded plat thereof lying easterly of a line drawn perpendicular to the south line of said lot
from a point on said south line distant 110.00 feet easterly of the southwest comer of said lot and
lying westerly of a line drawn perpendicular to said south line from a point on said south line
distant 360.00 feet easterly of said southwest comer.
s:\documentXr esoluti\ev96-3.doc
LOCATION ~
~ o~ MAP {~
i i q -3
STEVEN & CAROL SCHEFFLER
Proposed Top of Block
Proposed Garoge Floor
Proposed Lowest Floor
Type of Buildin~ -
Legal Description: Lot 10,
Total Vacated Area = 10,132.5 sq. ft.
Total Created Area: 5,400± sq. ft.
Proposed building information must be checked with approved building plan
before excavation and construction.
ThI o~ly easements shown am from plats of record or infom~ation p~ovicted by
We hereby certify that this is a ~ Ind coe~m~t rel:~ese~tation of a suwey of the
· bounOarie~ of the atx~e described ism:l and the location of all buildings aha vis-
, ibie eex:roich~ts, if a~y, from o~ on said land.
LOT SURVEYS COMPANY INC.
LAND SU~YEYORS SCALE I' - 60' -
RE~RED UNDER LAWS OF STA~ OF M~OTA o ~tel Ir~ M~ument
o ~ote~ W~ Hub ~et
~60[ - ~3;d Argue Ho~ 56~3093 Fm Exc~ati~ ~ly
~e~ ~o~ 55428 x~ ~tes Exiet~ E~im
~tes Propo~d E~vati~
1
Description for a vacation of the drainage easement on that part of Lot 10, Block 4, DEEP, FIELD
SECOND ADDITION, Sherbume County, Minnesota, according to the recorded plat thereof
described as follows: Beginning at a poim on the south line of said lot distant 110.00 feet easterly
of the southwest comer of said lot; thence north~ly perpendicular to said south line a distance of
113.00 feet; thence southeasterly deflecting to the fight 107 degrees 26 minutes 50 seconds a
distance of 110.06 feet; thence southerly deflecting to the right 72 degrees 33 minutes 10 seconds
a distance of S0.00 feet to a point on said south tine; thence westerly along said south line a
distance of 105.00 feet to the point of beginning.
Description for a drainage and utility easement over, under and across the south 15.00 feet of Lot
10, Block 4, DEERFIELD SECOND ADDITION, Sherbume County, Minnesota, according to
the recorded plat thereof lying easterly of a line drawn perpendicular to the south line of said lot
from a poim on said south line distant 110.00 feet easterly of the southwest comer of said lot and
lying westerly of a line drawn perpendicular to said south line from a point on said south line
distant 360.00 feet easterly of said southwest comer. Signed
SEP-i~-I~D6 11:19
I~flN~ULTING ~N~INE~R~
1326 Energy ParJ~ Drive
St. Paul, MN 55108
6] 2-6,~-4389
'i-800-888.2923
Fax: 612-64~-9446
CIVIL ENGINEERING:
ENVIRONMENTAL
MUNICIPAL
M. ANNJNG
30LID WASTE
STRUCTURAL
SU~VEYrNG
IRAFF[C
TRANSPORTATION
ELECTRICAL/MECHANICAL
J~NGINEEI~ING:
POWER DISTRIJstJTION
SCADA
SYSI'EM CONTROLS
September 13, 1996
File: 230-000-00
Ms. Kendra Linflahl
Zoning Assistant
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
LOT 10, BLOCK 4, DEERFIELD 2ND ADDITION
EASEMENT VACATION
Dear Ms. Lindahl:
As requested, we have reviewed the easement vacation request by Steven and Carol
Scheffler on Lot 10, Block 4, Deerfield 2nd Addition. We have reviewed this request
from a drainage standpoint. From our review, we see no problem with vacating the
10,132 square feet requested, nor the filling of the wetland. Again, tlfis review'is from
a drainage perspective and not necessarily from a wetlands regulations perspective.
If you have any questions or would like any additional work done on this particular item,
please call.
Sincerely,
MSA, CONSULTING ENGINEERS
TJM:tw
O00.- 1303, sep
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