02-26-2003 Council Agenda - Laserfiche WebLink

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MINUTES CITY COUNCIL MARCH 13, 2002 The City Administrator noted that the applicant is requesting that the Council call for a hearing to consider the vacation of a portion of the Savage Lane right -of -way as well as Rose Lane right -of -way. Fahey noted that the City Planner saw no objection to calling for this public hearing. Fahey felt that the amount of the variance to be considered on this property should be dependent upon the outcome of the vacation hearing. Derek Anderson, 2552 Savage Lane, stated that if 10 feet of Rose Lane right - of -way is vacated, he would like 5 feet to be vacated off each side of the right - of -way. This would allow 5 feet to accrue to his property giving him additional flexibility for a future addition to his house or garage. The City Administrator also noted that MN DOT is in the process of turning over a portion of Savage Lane right -of -way to the City. Mr. Roberto is requesting the vacation of a portion of this right -of -way. Scalze stated that she opposed the variance being requested and felt that it would set a precedent that would be troublesome to the City regardless of whether this is just one single- family lot or a large tract of property. Scalze noted that there has not been enough information presented to show the condition of the soils in the area of the lot where setbacks would be met. Anderson asked Scalze what could be different about this property to show that without the variance there is no reasonable use. Scalze pointed out that there is no information showing the soil conditions in the area where setbacks would be met. Scalze stated that there may be poor soils in this area or it may just be a low area that holds a lot of water. Scalze stated that she was not convinced that development of this lot will not happen without a variance. Fahey supported the variance and indicated that the variance could range from 10 to 15 feet depending on what happens with the vacation request. He noted that typically when right -of -way is vacated, it is split between the adjacent properties. The City Administrator noted that MN DOT has not yet transferred the Savage Lane right -of -way they are vacating to the City. LaValle suggested it may be possible to place the house closer to Savage Lane keeping it further from the Buche property. LaValle suggested a variance from the Savage Lane setback requirement. Fahey pointed out that Mr. Roberto requested a variance from the Rose Lane right -of -way. Mr. Fahey introduced the following resolution and moved its adoption: 5