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Item No: 9I Meeting Date: January 10, 2005 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Introduction and First Reading of an Ordinance to Vacate an Excess Utility Easement Associated with the Property Located at 8265 Spring Lake Road Introduction: Neil and Jill Rudnitski, property owners of 8265 Spring Lake Road, have applied for a lot line adjustment (Minor Subdivision) for the north property line shared with 8281 Spring Lake Road. The Rudnitski home, which was constructed in 1998, was not constructed in accordance with the survey and approved plans. Rather than maintaining the five-foot garage setback and ten-foot living space setback, the stakes were shifted after the initial inspection which caused the driveway to be built on the property line, the garage at a 1.6 foot setback and the living space at a 5.7 foot setback. The adjoining property owners (Ken and Michelle Mackey) did not notice the encroachment and staff had no reason to suspect the staked location had been altered upon construction. At some point, the property owners of 8281 and 8265 Spring Lake Road realized the discrepancy and came to an agreement to shift the lot line to the north to correct the setback deficiency. Using the northwest corner as an anchor, the lot line is proposed to pivot eight feet to the north along the east line, as indicated on the attached boundary exhibit prepared by Pioneer Engineering. In so doing, the house and garage achieve setback conformity. Discussion: The Rudnitski lot is currently encumbered by a utility easement dedicated around the perimeter of the lot. As a result of the minor subdivision approval and the newly dedicated perimeter utility easement, the former easement is no longer necessary and should be vacated. The Mounds View City Charter requires that easement vacations be adopted by ordinance after a duly noticed public hearing. The notice will be published in the January 12 edition of the New Brighton - Mounds View Bulletin for public hearing and second reading on January 24, 2004. Recommendation: Approve the introduction and first reading of Ordinance 757, an ordinance vacating an excess utility easement associated with the property located at 8265 Spring Lake Road. Respectfully submitted, ________________________ James Ericson Community Development Director