07-12-2021 Council Packet - Laserfiche WebLink

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Date Application Received: May 19, 2021 Date Application Considered as Complete: May 27, 2021 60-Day Review Period Expires: July 26, 2021 To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Jeremy Barnhart, AICP, Community Development Director Date: June 21, 2021 Subject: #LA21-000043, Eric Luth o/b/o Onyx Performance Investment, LLC, 135 Orono Orchard Rd, Sanitary Sewer Easement Vacation Public Hearing Background The subject property is part of a platting project for Orchard Creek, a 5 lot single family residential subdivision on 39.4 acres. Much of the land area is wetland, reducing buildable sites to a peninsula in the middle of the property. In the development of the plat, it was noted that an existing easement for sanitary sewer significantly encumbers one of the buildable lots. Noting that this easement was not improved, the applicants desire its’ vacation. Applicable Regulations: Sec. 78-9. - Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. Analysis: The Council may vacate any publically owned easement which is not being used. The city has confirmed with the Metropolitan Council, Metropolitan Waste Control Commission’s Application Summary: The applicant is requesting vacation of an existing, but unimproved easement for sanitary sewer services. Staff Recommendation: Planning Staff recommends approval of the easement vacation by shifting the easement to the boundary between lots 4 and 5, and connecting to the existing easement through the wetland. Council Exhibit C LA21-43