Adopt Ordinance Vacating Portions of Drainage and Utility Easement at 6012 146th Ave NW; Case of Jesse and Dana VerBeek

In early October, Staff was requested to review a floor plan for a new single-family home within the VILLAGE OF SUNFISH LAKE subdivision. Staff completed a non-site specific review as it relates to bulk standards and architectural review required by the Planned Unit Development (PUD) approval for the development.

Following the intial review, the Applicant proceeded forward with choosing a lot and beginning the necessary surveying and engineering. During the surveying activities, it was discovered that the proposed lot contained larger than expected drainage and utility easements.

In accordance with State Statutes and City Code, Staff attempted to notify all Property Owners within 350 feet of the Subject Property of the Public Hearing that was held on November 13th. The Public Hearing was properly published in the Anoka County Union.

The ten (10) foot drainage and utility easement was the result of City Code requirements for a standard ten (10) foot drainage and utility easements, typically centered on common lot lines. The Property is technically the last on the block and does not share a common property line with adjacent parcels within the development. The Property is separated from the previously existing, adjacent subdivision of CHESTNUT RIDGE SECOND ADDITION. As part of approval of VILLAGE OF SUNFISH LAKE, density transitioning in the form of a 'buffer' outlot was created. This Buffer Outlot is completely encumbered by drainage and utility easement.

Given that the City has approximately thirty (30) feet of drainage and utility easement on the Buffer Outlot and utilities and drainage are not negatively impacted by vacation, Staff is supportive of the request. The request has been reviewed by the City Engineer.

The ordinance was introduced on November 13th, and is now eligible for adoption. An Easement Encroachment Agreement was also approved on November 13th, allowing the Applicant to begin construction on a new single-family home.

Staff recommends that the City Council adopt the ordinance vacating a portion of drainage and utility easement at 6012 146th Ave NW.

All costs associated with processing the request are the responsibility of the Applicant.

Motion to waive the City Charter requirement to read the ordinance aloud;

-AND-

Motion to adopt the ordinance vacating a portion of drainage and utility easement at 6012 146th Ave NW.

Roll Call Vote:
Councilmember Strommen
Councilmember Tossey
Councilmember McGlone
Councilmember Elvig
Councilmember Backous
Councilmember Wise
Mayor Ramsey