PUBLIC HEARING: Introduce Ordinance #22-13 Vacating Drainage and Utility Easements at 5280 161st Ave NW and Adopt Resolution #22-036 Approving the Final Plat of Rices Rum River Acres (Project #22-103); Case of Mark Rice

The City has received an application from Mark Rice (the "Applicant") for a Minor Plat and Easement Vacation request for 5280 161st Ave NW (the "Subject Property). The purpose of this request is for the construction of a 36' x 36' accessory structure. The Easement Vacation would vacate all drainage and utility easements on the Subject Property and the Minor Plat would combine the two (2) existing legally-described lots  into a single parcel and rededicate new drainage and utility easements.

The City attempted to send a mailing via standard U.S. mail to property owners within 350 feet of the Subject Property, as noted in the Anoka County Property Records, notifying them of the public hearing. The notice was also published in the Anoka County Union Herald.

Minor Plat
The Minor Plat will combine lots 11 and 12, Block 6 Barthels Rum River Acres 2nd Addition into a single parcel. The Applicant is requesting these actions with the intention of a future building permit for a detached garage, to the north of the existing home (would span the existing boundary between the two lots).  Under the current Wild & Scenic Overlay District standards, both lots presently are considered lawful, nonconforming based on lot size.  This Minor Plat will combine these two lots into a single lot that meets the present standard of four (4) acres (eliminates the nonconformity).

Vacation of Drainage and Utility Easement
The Easement Vacation is proposed to vacate all existing drainage and utility easements on the Subject Property. New drainage and utility easements will be dedicated on the final plat. Engineering previously reviewed the requested Easement Vacation and supported it as long as there remained five (5) feet of easement beyond the Base Flood Elevation shown on the survey (which is included on the Final Plat).  Attached to the case is the area of drainage and utility easement that will not be rededicated as part of the new plat.

Encroachment of Scenic Easement
There is a Scenic Easement over a portion of the Subject Property, which encumbers the same area as the drainage and utility easement.  When the Applicant originally contacted the City regarding this project, Staff contacted the now previous city attorney regarding the potential to vacate a portion of this easement as well.  Since there is no identifiable public benefit, there is no legal basis for vacating any portion of the Scenic Easement. Although, per the language of the Scenic Easement, the City Council can authorize a the location of structure within the Scenic Easement, which would be incorporated with the Minor Plat - as shown on the Sketch Plan attached to this case.

Variance to OHW Setback
In addition to the above-listed items, a variance to the Ordinary High Watermark (OHW) setback from the Rum River will be in front of the Planning Commission as a Public Hearing during their regular meeting on February 24, 2022. The purpose of the variance is to address the proposed setback of 120 feet from the OHW.  Per the Wild and Scenic Overlay District standards, which are derived from State Statute, the minimum required setback is 150 feet.  The variance approval has been included as a contingency of the final plat.

Alternatives

Alternative 1: Introduce Ordinance #22-13 to Vacating all Drainage and Utility Easements on Lots 11 &12, Block 6 Barthels Rum River Acres (together known as 5280 161st Ave NW); and Adopt Resolution #22-036 Approving the Final Plat of Rices Rum River Acres. This alternative would create a legally conforming lot, and vacate drainage and utility easements that are no longer necessary on the Subject Property. Staff supports this alternative.

Alternative 2: Do not adopt Ordinance #22-13 and/or Resolution #22-036.  If the Ordinance is not adopted, this segment of drainage and utility easement remains with no apparent purpose.  If the Resolution is not adopted, the vacated drainage and utility easement would still be divided between the two adjacent parcels. The two lots will remain legal non-conforming related to lot size and the Applicant would need to identify an alternative site for the proposed accessory structure. Staff does not support this alternative.   
 

The Applicant is responsible for all costs involved in the vacation process as well as the Minor Plat.

City Staff recommends introducing Ordinance #22-13 vacating a portion of drainage and utility easement at 5280 161st Ave NW and adopting Resolution #22-036 approving the Final Plat of Rices Rum River Acres contingent upon adoption of Ordinance #22-13 (this contingency is included in the Resolution).

Motion to Introduce Ordinance #22-13 to Vacate the Drainage and Utility Easements at 5280 161st Ave NW.

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Motion to Adopt Resolution #22-036 Approving the Final Plat of Rices Rum River Acres.