Public Hearing to Introduce Ordinance to Vacate a Portion of Fluorine St NW Right-of-Way and Certain Drainage and Utility Easements Adjacent to and on 14241 Fluorine St NW; Case of City of Ramsey

This past summer, a building permit application for the construction of a detached accessory building at 14241 Fluorine Street NW was processed.  Due to the size of the property, the total allowable square footage for accessory buildings was limited to 1,800, which meant the property owner needed to reduce the size of a small, existing shed slightly to accommodate the forty foot by forty-two foot (40' x 42') detached garage.  The property owner commissioned the preparation of a certificate of survey to calculate the actual area of the property.  The results of that survey confirmed that the property was, in fact, just shy of one (1) acre and thus, limited to 1,800 square feet of accessory building space. 

Through this process, two issues were discovered.  First, the property owner discovered that his property size was diminished somewhat due to platted right-of-way for a cul-de-sac bulb that was never constructed.  Secondly, it was discovered that a public trail slightly encroached onto his property. As a result of this information, the property owner expressed interest in having the excess right-of-way vacated in exchange for dedicating a trail easement to address the encroachment.  As required in City Code, a public hearing must be held when considering vacation of right-of-way and/or easements, which is the purpose of this case.

In accordance with State Statute and City Code, Staff attempted to notify all property owners within 350 of the Subject Property of the Public Hearing via Standard US Mail. A Notice of Public Hearing was published in the Anoka County Union.

When the Flintwood Hills subdivision was approved in 1976, Fluorine St NW was platted with a cul-de-sac bubble, but that bubble was never constructed.  Since the cul-de-sac bubble was never constructed, the property owner inquired about the potential to vacate the platted right-of-way.  This would not only slightly increase the property size but would also eliminate a lawful, nonconforming designation of the home with regard to front yard setbacks.  The home and attached garage are approximately fifteen (15) feet from the platted right-of-way of the cul-de-sac bubble.  Vacating this right-of-way would result in the home and attached garage complying with the standard front yard setback, thus eliminating the lawful, nonconforming designation.    The property owner has stated that he is open to formally dedicating a trail easement for the trail encroachment in exchange for the right-of-way vacation. 

Should the right-of-way be vacated, a portion of the drainage and utility easements on the property would also need to be vacated.  Staff has contacted all utilities regarding this potential vacation of easement area and none have relayed any concerns.  While a portion of the easements would be vacated, a ten (10) foot drainage and utility easement would be retained along the newly established front property line, consistent with current standards.

This matter was presented to the Public Works Committee on October 18, 2011. The Public Works Committee recommended that the platted right-of-way for the cul-de-sac bubble adjacent to 14241 Fluorine St NW be vacated and that, as long as the property owner was willing to dedicate a trail easement for the trail encroachment, the City should initiate the vacation process as well as pay for the public hearing costs.  This recommendation was ratified by the City Council at the November 7, 2011 meeting.  Based on that direction, Staff recommends introducing the ordinance to vacate a portion of platted right-of-way and drainage and utility easements as shown on the attached exhibit contingent upon the property owner dedicating a trail easement to address the trail encroachment.

Motion to introduce Ordinance #11-___ to vacate a portion of platted right-of-way adjacent to 14241 Fluorine St and drainage and utility easement on 14241 Fluorine St NW as shown on the attached exhibit contingent upon the property owner dedicating and executing a trail easement related to the trail encroachment.