Adopt Resolution #19-194 Approving the Release of a Conditional Use Permit and Vacation of an existing Drainage and Ponding Easement on Lot 1 Block 1 and Outlot A Bury & Carlson Addition (Project #19-109); Case of Anderson Dahlen

The purpose of this case is to consider the release of a previously approved and amended conditional use permit that was approved and issued for the operation of a demolition concrete and asphalt processing facility on Lot 1 Bock 1 and Outlot A, Bury and Carlson Addition.  This case is also requesting the vacation of an existing drainage and utility easement that was recorded with the original plat of Bury and Carlson Addition. The Drainage and Ponding Easement is identified by Document Number 509869.

No notification is required.

The proposed release of the Amended Conditional Use Permit and easement vacation are occuring as a result of an active land use application by Anderson Dahlen.  The City Council previously approved a Final Plat and Site Plan for a proposed project and City Staff has been actively working with Anderson Dahlen to move the project to construction. The property is currently owned by the City and in preparation for closing it was requested by Anderson Dahlen that the City release the amended conditional use permit and drainage and ponding easement currently recorded against the property. This is being done to clean up the title work prior to closing.

Alternative 1: Approve the release of the conditional use permit and vacation of the underlying drainage and ponding easement.  The business previously on the property which utilized the conditional use permit has since vacated the property and is no longer active rendering the conditional use permit unused.  With the recently approved Final Plat for Anderson Dahlen South Addition the City was granted new drainage and utility easements over approriate areas for the redevelopment. As a result the underlying drainage and ponding easement for the original Bury and Carlson addition are no longer necessary.  Staff supports alternative 1.

 

The Applicant is responsible for all costs associated with this request.

Staff recommends adoption of Resolution #19-194 Approving the Release of an amended Conditional Use Permit and Vacation of an existing Drainage and Ponding Easement.

Motion to adopt Resolution #19-194 Approving the Release of an amended Conditional Use Permit and Vacation of an existing Drainage and Ponding Easement.