04-10-2013 Council Agenda - Laserfiche WebLink

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OFFICE MEMORANDUM DATE: March 26, 2013 TO: Pat Kelly FROM: Chad Lemmons CLIENT: Little Canada RE: Pine Tree Pond Proposed Plat 1 reviewed the memorandum that Joel prepared regarding the preliminary plat of Pine Tree Pond and the proposed Vacation of the street easement running over and across the East 33 feet of the Plat. As Jerry points out in his Memo to Joel, vacation of the right of way is a legislative act. It would only be set aside if the City acts arbitrarily or capriciously. While it is a legislative act, the City should have findings as to why vacation of the road is in the best interest of the public. There are a number of reasons why the vacation is in the public interest. 1. The only reason to keep the easement open would be to allow abutting landowners the ability to develop their properties utilizing the existing 33 foot easement. As to the Bilek property, the Bilek's would have to dedicate an additional 17 feet to create a conforming road. If this was done their present home would become nonconforming as it would be closer than 30 feet to the road right of way. In addition, only one lot could be created. The cost of construction of the road would be more than the value of the lot created and would burden the City with ongoing maintenance costs on a road which services only one property. As to the three other abutting owners, they would also have to dedicate a 17 foot easement in favor of the City for street purposed. The Brausen's are the ones pushing hardest for development of their property. However, they cannot develop their property until Acosta and Boog agree to dedicate an easement in favor of the City. If either Acosta or Boog refuse to cooperate, Brausen cannot go forward. 2. If the street were to be constructed over and across the 33 foot easement, at least two of the lots in the proposed Plat of Pine 'free Pond would have frontage on two streets. Double frontage is not allowed under Subdivision Ordinance, Subd. I006.020J. This would result in two of the lots in Pine Tree Pond being nonconforming. 3. The developer of Pine Tree Pond has provided an adequate alternative access which would allow Acosta, Boog and Brausen to develop their properties. Naturally, Brausen could not develop their property until Acosta and Boog cooperate. But again, Brausen cannot develop until Acosta and Boog dedicate the additional 17 feet. 4. Of all the proposed developments of the Pine Tree Pond property and adjoining property, the proposed Plat of Pine Tree Pond would create the most attractive home sites. This would result in the construction of higher value homes which benefits the City from a tax standpoint as well as creating a more desirable neighborhood, 1 4