04-08-1996 Council Packet - Laserfiche WebLink

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Request for Council Action continued page 2 of 3 April 3, 19% Zoning File #2121 ____________ of 1958 never acknowledged the vacation ot the 66' road to the south of the property. As it is the desire of the owner to divide Tracts B arid C from his homestead (abstract property), it is necessary to update the Certificates of Title to reflect the vac .tion. The mly means available to applicant was either to pursue a private legal action that would take months or to petition tor a second vacation from the City. The City Attorney has advised that the City cannot provide a certification of the Town Board action of 1912 that would allow the Registrar of Titles Office to add vacated right-of-way to the Certificates of Title. In 1983 the City reviewed a division of another property served by Northern Avenue to the immediate west. This was abstract property and the vacation was already noted in the deed. In that subdivision the City asked for a rededication of road over the traveled ponion of Northern Avenue at an approximate width of 22' at the west side to 24' at the east. With the current subdivision, the City will ask for a dedication of 25 ’ of right-of-way over the traveled road and a 10’ drainage and utility easement to the immediate north. As with all vacation applications involving a subdivision application, the tormal vacation of Northern Avenue will be formalized at the time of the final plat. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application as proposed subject to the following conditions: 1. b. Applicant ’s surveyor to prepare a plat of the subdivision, drawing to include: a. 25 ’ right-of-way dedication for Northern Avenue. 10’ drainage and utility easement to be platted to the north of the 25 ’ dedicated road right-of-way of Northern Avenue and along the exterior lot lines of the three lots and 5 ’ along internal lot line to be omitted in the area of the designated wetland. Wetland to be designated per a wetland delineator who shall determine the exact boundaries of the wetland. Drainage easement will be taken over the designated wetland area. c. Basement elevations for new construction shall not be below 951 elevation in order to allow for adequate clearance below footing and grade of the sewer service pipe. 3.Erosion control shall be maintained throughout construction in order to protect designated wetland. A 26 ’ setback must be maintained for all of construction activities involving filling and grading. All structures must also meet the 26 ’ setback.