Introduce Ordinance Vacating Portions of Drainage and Utility Easement and Consider Easement Encroachment Agreement at 6012 146th Ave NW; Case of Jesse 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. 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 Property Owner desires to commence construction as soon as possible. As vacating drainage and utility easement is approved by ordinance, the introduction, adoption, and posting timeframes would push start of construction until approximately December 30th. In order to allow construction to begin, especially on the footings and foundation, the Applicant has submitted an Encroachment Agreement that would allow the Owner to begin construction within the area proposed to be vacated. The Applicant understands the liability of the ordinance potentially not being adopted or counter petitioned.

Staff recommends that the City Council introduce the ordinance vacating a portion of drainage and utility easement and approve the Easement Encroachment Agreement at 6012 146th Ave NW.

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

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

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Motion to approve the Easement Encroachment Agreement at 6012 146th Ave NW