04/12/1993 Council Minutes - Laserfiche WebLink

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114 COUNCIL MEETING APRIL 12, 1993 MnDOT for review and approval, at a cost not to exceed $15,000.00 and to authorize the City Attorney and staff to take action necessary to acquire the right-of-way for the Highway 49/Lake Drive (County 23) Intersection by Eminent Domain. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, VACATION OF EASEMENT FOR DRAINAGE AND UTILITY PURPOSES 129.33 FEET EAST OF LAKE DRIVE ON OAK LANE, RESOLUTION NO. 14 - 93 Mayor Reinert opened the public hearing at 8:04 P.M. At the October 23, 1989 City Council meeting, the City Council approved a subdivision request for a parcel of property at 7790 Lake Drive. This subdivision was intended to add 25 feet of property to 7790 Lake Drive from an easterly lot provide for an encroachment of some out -buildings and a septic system. The property is zoned Rural and indicated as Expansion Residential (ER) in the Comprehensive Lane Use Plan. In granting this subdivision, the City Council added two (2) 20 foot "future" drainage and utility easements to the easterly lot providing for the "future" subdivision of this parcel into three (3) 76 foot wide lots when utilities become available. According to the Comprehensive Land Use Plan, areas identified as ER call for the extension of utilities by the year 2010 and provides as follows: "..any land subdivided into one (1) acre lots must be accompanied by a legally binding resubdivision plan of 1/4 acre minimum lot size. All houses on the one acre lots must be located to allow for easy resubdivision when sewer becomes available..." The easements attached to this property have followed the intent of the Comprehensive Land Use Plan, however, locating an easement down the center of this parcel of property would also follow the intent of the Plan and appear to more clearly reflect the wishes of the property owner and/or future owner. Should the easement be relocated, two (2) lots could be provided for when utilities are extended. The property owner has listed this property. for sale and has had approximately four (4) sales fall through because of the placement of these easements. The property owner contends that the placement of the easements unduly restrict construction on the site. A potential buyer has submitted a site plan calling for a 25 foot by 62 foot house with an attached 30 foot by 25 foot garage. This particular arrangement would encroach over the easement and into the middle section of the property. In fact, a typical home with an attached garage could only be 37 feet wide PAGE 11 1 1 1