Agenda Packets - 2007/08/27 - Laserfiche WebLink

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Abiding Savior Report Aug 27, 2007 Page 3 Easements & Utilities With every subdivision of land, the City requires that drainage and utility easements be dedicated around the perimeter of the lots. The submitted preliminary plat does includes all required easement areas—ten feet fronting Red Oak Drive, Ardan Avenue and Eastwood Road, and five feet for all internal lot lines. The Eastwood Road parcel shows a ten-foot rear easement as is required. No changes are proposed to the utilities within this platted area. At the August 13th meeting, a question was raised about an overhead powerline that transects the back yard of 8184 Eastwood Road. The requested subdivision will not impact or otherwise compromise the integrity of this powerline. While it may be true that the overhead power lines would no longer be centered along a common lot line (and thus within a city easement area) there is no compelling reason to relocate the power lines absent development activity. Staff has contacted Xcel regarding the overhead lines and they are comfortable leaving the lines where they are. The suggestion was made to dedicate an additional easement area on the plat so that the overhead power lines would be protected, however easements dedicated on plats run in the City’s favor and it would not be appropriate to acquire additional easement area for a private utility provider. Where power lines cross private property, Xcel typically obtains an easement directly from the property owner, not the municipality. Abiding Savior has however agreed, in good faith, to relocate the overhead utilities and poles to a common lot line at some future date. Planning Commission Action The Planning Commission held a public hearing on this request on July 25, 2007 and took action that same meeting by approving Resolution 871-07, a resolution which recommended approval of the requested preliminary plat for the Abiding Savior major subdivision. Deadline for Action This application was accepted on June 27, 2007 and in accordance with MN Statute 15.99, a decision will need to be made within 120 days of application acceptance. The deadline for action for this request is October 25, 2007. (Planning applications have a 60-day window for approval while Minnesota Statutes allow 120 days for subdivision requests.) Summary. The proposed major subdivision of the 8184 Eastwood Road and 8211 Red Oak Drive is requested to create additional land which would be combined with the Abiding Savior property at 8211 Red Oak Drive (Lot 1). The remaining single family lot on Eastwood Road (Lot 2) would be consistent with all setbacks and subdivision code requirements.