03-27-2013 Council Agenda - Laserfiche WebLink

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Wer ® � �L.LLLLG ?&rnala MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.etlittle-canada.mn.us MEMORANDUM TO: Mayor Blesener & Members of the City Council FROM: Joel Hanson, City Administrator DATE: March 22, 2013 RE: Easement Vacation Hearing Concurrent with the consideration of the proposed plat of Pine Tree Pond, the City initiated the vacation process for a 33 foot street easement dedicated to the City on July 18, 1968 by Harriet Brown, who was also the owner of the parcel currently know, as 2966 Arcade. (See Map #1) In considering the proposed Pine Tree Pond plat and this vacation, there have been a number of conflicting interests that have made finding a solution to appease all parties very difficult. Here is a review of the key issues staff has dealt with in this process: Bilek Property: Attachment #1 is the Bilek letter entered into the record at the hearing for the preliminary plat of Pine Tree Pond. One concern they noted deals with the loss of trees associated with the new development and the impact that will have on their home. They reference a provision of the purchase agreement between Masterpiece Homes, Inc. and the owner of 2945 LaBore Road. In their letter, they ask that "trees be preserved as agreed to in the sales contract "... and for "additional plantings of coniferous trees to replace trees lost..." Attachment #2 is the portion of the purchase agreement referenced above. It is important to note that language states the following: "The pine trees in the 33 ft. easement west of the house is the buyers intention to save." According to the City Engineer's review of survey data, the trees being removed are not located within the 33' easement. Rather, they are on the 2945 LaBore property. The City Engineer has also assured me that all trees being removed are due to the grading of the lots needed to provide for an appropriate house pad as well as to accommodate the resulting drainage for the new lots. To address the Bilek's concern, staff proposed plantings on their property to enable screening that would be effective for a taller home locpted on the new lots. We asked them to give us an