PUBLIC HEARING: Consider Adopting Ordinance to Vacate a Portion of Drainage and Utility Easement on 8250 163rd Ave NW; Case of William Nemec and Shari Monchamp

In 2011, the property owners of 8250 163rd Ave NW had a licensed land surveyor complete a survey of the property. The results of that survey indicated that an existing detached accessory building on the property encroached within both an existing drainage and utility easement as well as within the required ten (10) foot setback for an accessory building. The property owner contacted the City to discuss his options to correct these issues, which included requesting the vacation of a portion of drainage and utility easement on their property and either an administrative subdivision or a variance to address the setback encroachment. The property owners have successfully negotiated the purchase of a small portion of property from the neighbor to address the structure setback issue, which is being processed as an Adminstrative Subdivision, and have submitted an application requesting the vacation of a portion of the drainage and utility easement along their western boundary.

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 and a Notice of Public Hearing was published in the Anoka County Union.

A detached accessory building was constructed on the property by the previous property owner in 2001. The previous property owner had applied for and received a building permit for this structure. However, the submitted site drawing that accompanied the permit application showed the detached buidling located twenty (20) feet from the side property boundary, and thus the permit was approved. The recently completed survey of the lot shows that the detached building is actually located approximately six (6) feet from the property boundary.

When this area was platted, ten (10) foot wide drainage and utility easements were provided along all lot lines. So, along this common lot line, there is actually twenty (20) feet of easement area. The building has been in place for over ten (10) years now and there have not been any issues with drainage in the area, even with the encroachment. Furthermore, Staff has contacted the various utility companies and it does not appear that there are any utilities within this easement along this common lot line; however, there are utilities in the easement that runs parallel with 163rd Ave. Thus, the request is to vacate the eastern five (5) feet of the drainage and utility easement, excluding the northern and southern ten (10) feet.
 
The ordinance was introduced at the September 25, 2012 City Council meeting and is now eligible for adoption. 

Since this structure has been in place, there have been no drainage issues reported. There appear to be no existing utilities throughout this stretch of easement, which cumulatively, is ten (10) feet wider than the standard drainage and utility easements required presently. Thus, Staff recommends adopting the ordinance to vacate a portion of the drainage and utility easement, which, in conjunction with an Adminstrative Subdivision, would bring this structure into compliance with City Code.

The applicant is responsible for costs associated with this request.

Motion to waive the Charter requirement to read the ordinance aloud -AND- adopt the ordinance to vacate a portion of drainage and utility easement on 8250 163rd Ave NW as shown on the attached exhibit.

Roll Call Vote:

Councilmember Wise
Councilmember McGlone
Councilmember Elvig
Councilmember Strommen
Councilmember Backous
Councilmember Tossey
Mayor Ramsey