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Date Application Received: 12/15/15 <br />Date Application Considered as Complete: 12/15/15 <br />60-Day Review Period Expires: 2/13/16 <br />(Suspended pending DNR comments) <br /> <br /> REQUEST FOR COUNCIL ACTION <br /> Date: February 18, 2016 <br /> Item No.: 12 <br />______________________________________________________________________________ <br />Department Approval: Administrator Approval: Agenda Section: <br />Name: Michael P. Gaffron JML Planning Dept. <br />Title: Senior Planner <br />_____________________________________________________________________________________ <br />Item Description: #16-3800, Whitney & Betty MacMillan and Conley & Carol Brooks <br /> 1560 & 1640 Fox Street <br />- Easement Vacation & Rededication - Resolution <br />_____________________________________________________________________________ <br />List of Exhibits: <br /> A – Resolution Approving Easement Vacation <br /> B – Notice of Planning Commission Action 1/22/16 <br /> C – Planning Commission Minutes 1/19/16 <br />D – Planning Commission Memo & Exhibits dated 1/14/16 <br /> <br /> <br />Please review the Planning Commission memo and exhibits. Applicants are in the process of <br />completing a lot line rearrangement by which the Brooks property at 1640 Fox Street will <br />acquire a 1-acre portion of the MacMillan property, increasing the Brooks property to 4.4 acres <br />and reducing the MacMillan property to 10.1 acres. This lot line rearrangement meets established <br />criteria for administrative approval based on discussions with the City Attorney. However, an <br />existing Drainage and Utility (D&U) easement along the existing shared lot line is proposed to <br />be vacated, and applicants propose to replace that easement along the new shared lot line. <br />A condition of the Planning Commission’s approval recommendation for easement vacation was <br />receipt of comments from the MN DNR, as the easement being vacated is near a public water. <br />The MN DNR has since responded, indicating that they have no comment, hence the vacation <br />can move forward. The public utility companies were notified of the proposed vacation in early <br />January, and the only one responding indicated no objection to the vacation. There are no <br />existing utilities in the easement and it does not function as a drainage way. <br />Staff Recommendation <br />Application Summary: Vacation of an existing Drainage and Utility Easement along an <br />existing lot boundary, and dedication of a replacement easement along a proposed new property <br />boundary. <br />Planning Commission Recommendation: On January 19, Planning Commission voted 6-0 to <br />recommend approval of the easement vacation and rededication of a replacement easement. <br />Staff Recommendation: Planning Department Staff recommends approval.