PUBLIC HEARING: Consider Request to Vacate a Portion of Drainage and Utility Easement at 16205 Sapphire St NW; Case of Scott Wold

The City has received an application from Mr. Scott Wold to consider vacating a portion of a Drainage and Utility Easement (the "Easement") on the property located at 16205 Sapphire St NW (the "Subject Property"). 

The Subject Property is part of the first phase of the Sweetbay Ridge subdivision. The approved grading plan allowed for a custom graded lot at time of home construction. 

Separately, as part of the required soil remediation work to remove lead contaminants from the site of this subdivision, which was on the former St. Anthony Gun Club property, several feet of soil was removed from the Subject Property.  Clean replacement fill was not immediately imported, as it was thought that the individual lot would develop in a short time frame.   Shortly thereafter, the vacant parcels in the subdivision became subject to foreclosure and no activity occurred on the Subject Property for a number of years. 

During that timeframe, portions of the Subject Property where soils had been exported but not replaced, naturally converted to wetland.  When the owner of the Subject Property submitted a Building Permit application late in 2013, the proposed home site was partially within standing water, which initiated a multi-jurisdictional review process that involved the City, the Lower Rum River Water Management Organization (LRRWMO) and the United States Army Corps of Engineers (USACE).  This review revealed that not only had the wetland area naturally expanded, but also that fill had been illegally placed within the delineated boundary of a wetland.

Staff sent notification to all Property Owners within 350 of the Subject Property of the Public Hearing via Standard US Mail. The Public Hearing Notice was also published in the Anoka County Union Herald.

In reviewing the Subject Property as platted, it presented a unique situation in which a narrow peninsula jutted out into a wetland was to serve as the building site.  The narrowness of the buildable area would have presented challenges/concerns with potential wetland encroachments both during and after construction.  As part of the multi-agency review, another alternative arose that appeared to be more appropriate and desirable.  The 'new' wetland area appears to be a high quality wetland and was larger than the area where fill had been placed.  Thus, the owner of the Subject Property applied for and received approval for an after the fact wetland replacement plan that would allow the construction of a single family home in an area where fill had been placed as shown on the attached survey.  However, prior to issuing a Building Permit, a portion of the Drainage and Utility Easement must be vacated. 

Alternatives

Option 1: Adopt Resolution #14-10-221 vacating a portion of Drainage and Utility Easement on the Subject Property.  When looking at the site as originally platted, it was going to present challenges regarding possible wetland encroachments into the foreseeable future because of the narrow peninsula.  The revised building location not only lines up more with the other homes along the street, but also preserves a higher quality wetland that resulted from inactivity after the soil remediation work was completed.  This has been reviewed by both Planning and Engineering Staff and both support this option.

Option 2: Do not adopt Resolution #14-10-221.  This would likely result in the lot being considered unbuildable due to the combination of wetland and Drainage and Utility Easement.  The owner of the Subject Property has received approval for an after the fact wetland replacement plan and he has also already secured wetland bank credits to satisfy the wetland replacement requirements due to filling a portion of a wetland.  The new building site seems more appropriate and allows the newly created, high quality wetland to remain.  Staff does not support this option.

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

Staff recommends approving Resolution #14-10-221 vacating a portion of drainage and utility easement on the Subject Property.

Motion to approve Resolution #14-10-221 vacating a portion of drainage and utility easement on the property located at 16205 Sapphire St NW.