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CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 9, 2013 TOPIC: Consider 2 nd Reading of Ordinance No. 09-13 Vacating a Portion of the Drainage and Utility Easement on Lot 6, Block 2, Clearwater Creek VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of the 2 nd reading of the proposed ordinance to vacate a portion of the drainage and utility easement on Lot 6, Block 2, Clearwater Creek. BACKGROUND The applicant has submitted a Land Use Application for a drainage &utility easement vacation and variance for the purpose of constructing a 40'x 50' (2,000 s.f.) detached accessory building. The residential property is located at 2235 Arthur Court. The vacation is for an existing drainage and utility easement and the variance is to allow for a second driveway access. As shown on the Clearwater Creek plat, a drainage and utility easement was dedicated over a wetland area. This easement exists over much of Lot 6, Block 2 (2235 Arthur Court). A Wetland Delineation Report was prepared by Earth Science Associates, Inc. in May 2013 and was approved by Rice Creek Watershed District(RCWD) as LGU of the Minnesota Wetland Conservation Act via Notice of Decision Application#I 3-049R on June 18, 2013. The Wetland Delineation Report identifies the actual boundaries of the wetland and indicates over I acre of useable upland exists on the subject property. A Sketch and Description Survey prepared by EG Rud& Sons on August 20, 2013 shows the new delineated wetland boundary,the proposed drainage and utility area to be vacated and the proposed location of the accessory building. A 10 foot drainage and utility easement will be maintained along Cedar Street. The first reading of the ordinance was approved by the City Council on August 26, 2013.