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Date Application Received: 07/20/16 Date Application Considered as Complete: 08/01/16 60 -Day Review Period Expires: 09/30/16 REQUEST FOR COUNCIL ACTION Date: September 12, 2016 Item No. 12 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis h'1GG Y"_4 Planning Title: Planner Item Description: #16-3853 - Matt & Jennifer Nyquist —1125 Pine View Drive —Easement Vacation (Partial) — Resolution Application Summary: In November 2013, a conservation and flowage easement (the "Easement") was granted in conjunction with the Pine View subdivision. The Easement exists over most of the western portion of the Nyquists' property. The Nyquists plan to install an in -ground swimming pool in their rear yard; a portion of the pool and pool deck would encroach into the Easement as it currently exists. The Nyquists have provided a grading plan for the pool which will change the drainage creating a swale around the pool to move stormwater to the stormwater pond on the property. Based on the planned improvements, regrading, and other factors, the existing easement is no longer necessary. The applicants wish to amend the easement to cover only the necessary drainage areas. Planning Commission Action: On August 15th the Planning Commission held a public hearing; there were no comments from the public. The Planning Commission voted 4 to 0 in favor of the partial vacation as proposed conditioned upon MCWD and the City Engineer's approval. The City Engineer and the MCWD have approved the revised swale location and easement. COUNCIL ACTION REQUESTED Council should adopt or amend the attached resolution vacating the conservation easement over 1125 Pine View Drive as indicated. List of Exhibits: Exhibit A. Easement Exhibit & Revised Grading Plan Exhibit B. Draft Resolution Exhibit C. PC Action Notice Exhibit D. Draft PC Minutes — 08/15/16 Exhibit E. PC SR Nyquist Vacation Exhibit F. PC Exhibits