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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 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner WGG Date: 10 August 2016 Subject: #16-3853, Matt & Jennifer Nyquist, 1125 Pine View Drive Vacation Public Hearing List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey/Site Plan Exhibit C. Easement Exhibit —To Be Revised per Eng Comments Exhibit D. Aerial Photos Exhibit E. Neighbor Comments Exhibit F. Utility Letter & Comments Received Exhibit G. City Engineer Comment & Redlined Plan Exhibit H. Original Easement Doc No. A10028717 Exhibit 1. Property Owners List Exhibit Plat Map Background On November 14, 2013 pursuant to City Council Resolution 6328, the City received a Grant of Permanent Flowage and Conservation Easement and restrictive Covenant for Wetland and Wetland Buffer ("Easement"), recorded by Document No. A10028717, over property located at 1125 Pine View Drive. The applicants who are the property owners wish to install an in -ground swimming pool in the rear yard of their property. The grading plan for the pool improvement will change the drainage creating a swale to move stormwater to the stormwater pond on the property. The area previously needed for the easement will change. The applicants wish to amend the easement to cover only the necessary drainage areas. The Easement was granted in conjunction with the subdivision of the 2700 Sixth Avenue parcel. The Easement exists over most of the western portion of the current property at 1125 Pine View Drive (PID 28-118-23-42-0007). Once the applicants modify the drainage pattern on the property to accommodate the pool there is no longer public use of the property burdened by the portion of the Easement to be vacated. Staff finds that there is limited to no public interest in maintaining the portion of the Easement proposed to be vacated. Based on the planned improvements, regrading, and other factors, the existing easement is no longer necessary. Planning Staff Recommendation Planning Commission should open the public hearing, consider comments from the public and, if comfortable, make a recommendation for approval vacating the portion of the Easement over 1125 Pine View Drive as indicated and described in Exhibit C.