HomeMy WebLinkAbout#11 - Whistling Valley Easement Vacation STAFF REPORT
DATE: 11/7/2018
PUBLIC HEARING
ITEM #: 11
MOTION
TO: City Council
FROM: Ben Prchal, City Planner
AGENDA ITEM: Easement Vacation For 9843 Whistling Valley and 9829 Whistling Valley Rd.
REVIEWED BY: Emily Becker, Planning Director
BACKGROUND:
The City has received applications from Zawadski Homes, Inc for an Easement Vacation as well as a Lot Line
Adjustment:
• To vacate an existing drainage and utility easement between 9843 and 9829 Whistling Valley Rd.
• To adjust the shared lot line and combine the parcels.
Location: 9843 Whistling Valley Rd. PID. 27.029.21.44.0011
9829 Whistling Valley Rd. PID. 27.029.21.44.0010
Existing Land Use: Both lots are undeveloped.
Existing Zoning: Open Space (OP) Planned Unit Development (PUD)
Surrounding Land
Use/Zoning:
North: Open Space within the development; South: Open Space; East:
Single Family Residential (OP); West: Open Space/Single Family
Comprehensive Plan: Rural Area Development
History: 2003: Preliminary and Final Plat Approved.
2004: Second Addition of Development Approved. (lots are in second
addition)
Deadline for Action: Application Complete: 9/17/2018
60 Day Deadline: 11/16/2018
Extension Letter Mailed: N/A
120 Day Deadline: N/A
Applicable Regulations: Chapter 153: Subdivision Regulations
M.S. 412.851
ISSUE BEFORE COMMISSION:
The Council is being asked provide final comment and approval for an easement vacation request between 9843 and
9829 Whistling Valley Rd.
PROPOSAL DETAILS/ANALYSIS:
The applicant is requesting that the city allow the combination of two platted lots so that a home can be built on the
property. However, an easement which divides the lots must also be vacated so that the home will not conflict with a
city easement.
- Code requires that if an easement needs to be vacated the action must be discussed at a public hearing and action
must be taken by City council. This must be done prior to the approval of the lot consolidation.
- Once the easement has been vacated the lot line adjustment may be approved administratively.
Minnesota Statue
Easement Vacation Procedure (M.S. 412.851). Council may, by resolution, vacate any street, alley, public grounds,
public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting said
property. Easement vacations require a public hearing and 4/5 vote by Council only if there has been no petition.
Minnesota Statute 462.352, Subd. 12 – Pertains to subdivision (referenced later in report).
Lot Consolidation/Lot Line Adjustment: Section 153.06
Criteria for Lot Line Adjustment/Lot Consolidation. Lot line adjustments exempted from platting by Minnesota
Statute 462.352, Subd. 12 and shall not require a plat or replat and may be administratively approved, provided all of
the following are met:
- Each resultant parcel equals or exceeds the minimum lot dimension requirements and public road frontage
requirements for the zoning district in which the property is located or is made more conforming through the
lot line adjustment;
The lot size established in the Preliminary Plan approval stated that lots must be at least .75 acres and
larger to comply with minimum lot size standards within the Shoreland Overlay District adjacent to
Natural Environmet Lakes, as to standards appear following the 1997 amendment to the Shoreland
District standards in that regard. The total size will now be 1.67 acres.
- The lot line adjustment does not create additional lots.
The number of lots will not increase due to the lot line adjustment.
- The lot line adjustment shall not cause any structure on the property to be made non-conforming or in violation
of the Zoning Chapter or any other provisions of the City Code.
There are currently no buildings on the property, no structure can become non-conforming.
- All resultant parcels shall have frontage and access on an existing improved street or access to an existing
improved street protected by a restrictive covenant approved by the City Attorney which includes the City as a
beneficiary.
There will be no change to the frontage of the lots.
- The resulting parcels shall generally conform to the shape, character, and area of existing or anticipated land
subdivisions in the surrounding areas.
There are other lots within the development that are comparable in size to what is being proposed.
Many are rectangles of an irregular shape, staff does not believe this lot design would be out of place.
- Any such lot line adjustment shall not require any public improvements.
There will not be a need for public improvements as they have already been installed.
- Any easements that become unnecessary as a result of the combination of parcels must be vacated. A request
to vacate easements shall be made concurrently with the application for lot consolidation/lot line adjustment.
Review of the easement vacation request, including any public hearings and City Council action, shall be
completed before action may be taken on the application for lot consolidation/lot line adjustment.
Because easements need to be vacated they must go through a review process before the lot line
adjustment/lot consolidation can be approved.
- New easements shall be established as appropriate.
Easements along the border of the property shall be maintained. However, the easement between the
properties would no longer be needed.
Additional Review:
Engineering - No comments relating to the vacation as well as the consolidation. Instead comments came up relating
to the actual design/layout of the home. However, this will be dealt with during the home review process.
Public Works - No comments relating to the vacation or the consolidation.
Watershed – The watershed district has no comment regarding the easement vacation/lot line adjustment. However,
they will require a permit and storm water management for the build.
FISCAL IMPACT:
There is not expected to be a fiscal impact.
OPTIONS:
• Approve Resolution 2018-127 with cited findings and conditions of approval.
• Approve Resolution 2018-127 with amendments to the findings or conditions of approval.
• Deny Resolution 2018-127.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff recommends that the Planning Commission recommend the following condition of approval:
1. The request for a lot consolidation to combine PID#s 27.029.21.44.0011 & 27.029.21.44.0010 shall be
approved after the discussed easement is vacated.
2. Prior to the issuance of any development permits, and no later than 60 days after administrative review
and approval, the applicant shall provide the Zoning Administrator with recorded documents or
recorded document numbers for the deeds of conveyance which effectuate the lot consolidation.
3. The applicant shall provide certification to the City that there are no delinquent property taxes, special
assessments, interest, or City utility fees unpaid for the proposed lots to be consolidated.
RECOMMENDATION:
Planning Commission:
There was a lengthy discussion as to how the vacation would impact the HOA Declaration and other residents within
the development. The Commission did eventually make a motion to add a condition attempting to mitigate the impact
that may or may not be present in regards to assessments etc. The president of the HOA was present during the public
hearing and spoke about how the declaration did not necessarily have a mechanism in place to clearly address the
instance of lot combinations.
Motion: Move to add a condition of approval that the applicant shall provide evidence that they have
settled the issue of the discrepancy of the combined lot assessment of HOA dues for going from one lot to
two lots. 4-0
Staff understands the commissions desire to try and help the remaining residents within the development. However,
after reviewing the motion with staff and other council it was determined that it would not be appropriate to apply this
condition. The possibility of the vacation being held up by neighborhood business would not be appropriate as their
request is consistent with what is required by the City and should be approved. Because of this staff does not support
the motion made by the commission.
“Approve resolution 2018-127, which vacates the drainage and utility easement between lots 1 and 2 of block 1,
Whistling Valley 2nd Addition.”
ATTACHMENTS:
• Survey showing proposed vacation
• Narrative
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2018-127
A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT OVER LOT
1 AND LOT 2, BLOCK 1 OF WHISTLING VALLEY 2ND ADDITION
THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City of Lake Elmo approved the final plat of Whistling Valley 2nd
Addition on July 29th, 2004 with drainage and utility easements bordering the property lines of the
platted lots; and
WHEREAS, the City of Lake Elmo had received a request for easement vacation from
Zawadski Homes, Inc; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the existing drainage and utility easements on the property(s) legally described
as Lots 1 and 2, Block 1, Whistling Valley 2nd Addition, Washington County Minnesota
(EXHIBIT A); and
WHEREAS, the requested easement to be vacated is legally described as: that part of the
east 5 feet of Lot 1 and the west 5 feet of Lot 2, all in Block 1, WHISTLING VALLEY 2ND
ADDITION, Washington County, Minnesota which lies southerly of the 10 foot rear yard drainage
and utility easement dedicated on said plat of WHISTLING VALLEY 2ND ADDITION and which
lines northerly of the 10 foot drainage and utility easement adjacent to Whistling Valley Road as
dedicated on said plat of WHISTLING VALLEY 2ND ADDITION. EXCEPT that part which lies
within the 20 foot wide drainage and utility easement running across said Lots 1 and 2, as dedicated
on said plat of WHISTLING VALLEY 2ND ADDITION (EXHIBIT A); and
WHEREAS, a public hearing to consider the vacation of the drainage and utility easement
was held on the October 10, 2018 at the Planning Commission meeting in the Lake Elmo City Hall
located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and
posted notice had been given, as well as personal mailed notice to all property owners within 350
feet of 9829 and 9843 Whistling Valley Rd. by the City Clerk and all interested and affected
persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, the Council in its discretion has determined that the vacation will benefit the
public interest because:
Page 2
1) The proposed vacation and eventual consolidation complies with all applicable zoning
regulations.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for
vacation of an existing drainage and utility easement is hereby granted in accordance with the
property descriptions provided above, subject to the following condition:
1.The request for a lot consolidation to combine PID#s 27.029.21.44.0011 &
27.029.21.44.0010 shall be approved after the discussed easement is vacated.
2. Prior to the issuance of any development permits, and no later than 60 days after
administrative review and approval, the applicant shall provide the Zoning Administrator
with recorded documents or recorded document numbers for the deeds of conveyance which
effectuate the lot consolidation.
3. The applicant shall provide certification to the City that there are no delinquent property
taxes, special assessments, interest, or City utility fees unpaid for the proposed lots to be
consolidated.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this 7th day of November 2018.
Effective Date:_______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Administrator
SKETCH AND DESCRIPTION
-for-ZAWADSKI HOMES
-of-PROPOSED EASEMENT VACATION
PROPERTY DESCRIPTION:
Lots 1 and 2, Block 1, WHISTLING VALLEY 2ND ADDDITION, Washington County, Minnesota.
DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED:
That part of the east 5 feet of Lot 1 and the west 5 feet of Lot 2, all in Block 1,
WHISTLING VALLEY 2ND ADDITION, Washington County, Minnesota which lies southerly of
the 10 foot rear yard drainage and utility easement dedicated on said plat of WHISTLING
VALLEY 2ND ADDITION and which lines northerly of the 10 foot drainage and utitlity
easement adjacent to Whistling Valley Road as dedicated on said plat of WHISTLING
VALLEY 2ND ADDITION. EXCEPT that part which lies within the 20 foot wide drainage
and utility easement running across said Lots 1 and 2, as dedicated on said plat of
WHISTLING VALLEY 2ND ADDITION.
EST.1911
www.egrud.com
DENOTES DRAINAGE AND UTILITY
EASEMENT TO BE VACATED (AREA =2,189 SF)
NOTES
Contours shown per MN DNR Lidar information.
No field survey has been conducted at this time.
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JAS�
Date: 10/15/2018 License No. 41578
Professional Land Surveyors 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014
Tel. (651) 361-8200 Fax (651) 361-8701
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EXHIBIT A
SKETCH AND DESCRIPTION
-for-ZAWADSKI HOMES
-of-PROPOSED EASEMENT VACATION
PROPERTY DESCRIPTION:
Lots 1 and 2, Block 1, WHISTLING VALLEY 2ND ADDDITION, Washington County, Minnesota.
DESCRIPTION OF DRAINAGE AND
UTILITY EASEMENT TO BE VACATED:
That part of the east 5 feet of Lot 1 and the west 5 feet of Lot 2, all in Block 1,
WHISTLING VALLEY 2ND ADDITION, Washington County, Minnesota which lies southerly of
the 10 foot rear yard drainage and utility easement dedicated on said plat of WHISTLING
VALLEY 2ND ADDITION and which lines northerly of the 10 foot drainage and utitlity
easement adjacent to Whistling Valley Road as dedicated on said plat of WHISTLING
VALLEY 2ND ADDITION. EXCEPT that part which lies within the 20 foot wide drainage
and utility easement running across said Lots 1 and 2, as dedicated on said plat of
WHISTLING VALLEY 2ND ADDITION.
EST.1911
www.egrud.com
DENOTES DRAINAGE AND UTILITY
EASEMENT TO BE VACATED (AREA = 2,189 SF)
NOTES
Contours shown per MN DNR Lidar information.
No field survey has been conducted at this time.
.',!1 r;
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( IK rEET )
1 inch -:30 ft.
I hereby certify that this survey, plan
or report was prepared by me or under
my direct supervision and that I am
a duly Registered Land Surveyor under
the laws of the State of Minnesota.
JAS~
Date: 10/15/2018 License No. 41578
Professional Land Surveyors
6776 Lake Drive NE, Suite 110
Lino Lakes, MN 55014
Tel. (651) 361-8200 Fax (651) 361-8701
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1 10/15/18 REVISE ESMT DESCRIPTION BY
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NO. DATE DESCRIPTION BY
18594HS