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Date Application Received: 07/20/2022 <br />Date Application Considered as Complete: 07/20/2022 <br />120-Day Review Period Expires: 11/17/2022 <br /> <br /> <br />To: Chair McCutcheon and Planning Commission Members <br /> Adam Edwards, City Administrator <br /> <br />From: Melanie Curtis, Planner mcc <br /> <br />Date: 17 October 2022 <br /> <br />Subject: #LA22-000041, Eskuche Design o/b/o Watertower LLC <br />2987 & 3005 Casco Point Road and PID 20-117-23-34-0027, <br />Easement Vacation & Public Hearing <br /> <br /> <br />Background <br />The applicant is seeking approval of vacation of existing perimeter drainage and utility (D/U) easement in the plat <br />of Hartzell Addition which are no longer necessary and create a conflict due to an administrative lot combination <br />creating two lots where three currently exist. Replacement D/U easements will be granted along the new <br />boundaries between the two combined lots as depicted on Exhibit B. <br /> <br />The applicant received an average lakeshore setback variance for 3005 Casco Point Road under this same <br />application number in September (Resolution No. 7284). <br /> <br />Public Comments <br />Although many of the neighbors have expressed concerns about development of the subject properties and <br />stormwater management, to date, no public comments have been received specifically on the vacation of the <br />easements. <br /> <br />DNR + Utility Company Notifications <br />On July 26th notification was sent to the Commissioner of the Department of Natural Resources pursuant to MN <br />§412.851 Vacation of Streets as well as relevant utility companies regarding the easements to be vacated. <br />According to our information no utility or drainage improvements are located in this existing perimeter easements <br />to be vacated. <br /> <br />Issues for Consideration <br />1. Does the commission identify any issues or concerns with this application? <br /> <br />Planning Staff Recommendation <br />Planning Staff recommends approval of the easement vacation as requested in conjunction with the owners <br />granting new drainage and utility easements over the new common boundary as depicted on Exhibit B. <br /> <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Proposed Site Plan – areas to be vacated <br />Exhibit C. Boundary Line Adjustment <br />Exhibit D. Notification Letters – Utility + DNR <br />Exhibit E. Responses <br />Exhibit F. Property Owners List & Plat Map <br />Application Summary: The applicant is requesting approval of vacation of drainage and utility easements. <br />Staff Recommendation: Planning Department Staff recommends approval.