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2 Vacate Gooseberry Road CIT OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www. ci.chanhassen.mn.us MEMORANDUM TO: Teresa Burgess, City Engineer/Dir. of Public Works FROM: Matt Saam, Assistant City Engineer~ DATE: July 18, 2003 SUB J: Vacation of a Portion of Public Right-of-Way on Gooseberry Road South of 6890 Lotus Trail - Vacation File No. 2003-5 REOUEST Staff has received a request from Jason and Cindy Boldenow, the property owners at 6890 Lotus Trail, to vacate an existing portion of the public right-of-way of Gooseberry Road that runs along the south lot line of the applicant's property. BACKGROUND The existing 40-foot right-of-way for Gooseberry Road was dedicated to the City as a part of the Carver Beach at Long Lake plat in 1927. The western 500 feet of Gooseberry Road currently exists as a partially paved/partially gravel road and has been renamed Broken Arrow Drive. The remaining eastern portion of the road is not improved with either pavement or a gravel surface and is simply a "paper street". DISCUSSION The applicants are requesting the right-of-way vacation in order to add additional area to their property. The applicants are interested in splitting their property into two lots. Currently, their property does not contain enough area to support two lots and still meet the minimum lot area of 15,000 square feet. With the proposed right-of-way vacation, though, the applicants would gain the north half of the existing Gooseberry Road right-of-way or approximately 4,900 square feet. They believe this would give them the necessary 30,000 square feet of area for two lots. As previously mentioned, the current eastern half of Gooseberry Road is an unimproved "paper street". Due to the existing steep grades within the right-of- way, the City has no plans to pave the area. For this reason, staff finds no compelling reason to retain the right-of-way. Furthermore, staff recommends that the south half of the right-of-way be vacated also. There are existing sanitary sewer and water lines which are contained within the right-of-way. As such, staff is recommending that a 30-foot wide public utility The City of Chanhassen ,, A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Teresa Burgess July 18, 2003 Page 2 and drainage easement be retained over the utility lines. In addition, the property to the south of the Gooseberry Road right-of-way (6900 Lotus Trail) has an existing driveway within the area to be vacated. As such, a private driveway easement is required for the portion of the driveway that crosses the north half of the vacated right-of-way. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The Chanhassen City Council approves a resolution vacating a portion of the public right-of-way on Gooseberry Road as defined in the attached vacation description, subject to the following conditions: 1. A 30-foot wide utility and drainage easement shall be retained over the existing sanitary and water lines. A private driveway easement is required for the portion of the driveway for 6900 Lotus Trail that crosses the north half of the vacated right-of- way. 3. The vacation shall include the entire 40-foot wide right-of-way adjacent to 6890 Lotus Trail. Attachments: 1. Application. 2. Description of Easement Vacation/Lot Survey 3. Notice of Public Hearing/Location Map 4. Affidavit of Mailing C~ Jason & Cindy Boldenow, 6890 Lotus Trail Patrick & Debra Jo McRaith, 6900 Lotus Trail Teresa Burgess, Director of Public Works/City Engineer Sharmeen A1-Jaff, Senior Planner g:\eng'amatth'nemosXstaff reports\boldenow easement vacation.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION ADDRESS: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit ..~ Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development' Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Site Plan Review' .~._~ Notification Sign Escrow for Filing Fees/Attorney Cost" ($50 CUP/SPR/VACNAR/WAP/Motes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE $ A list of ali property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. ~'i'wenty-six full size fqlded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of t.?~T... '" ..v~ f_t each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. O~ \ z 58.30 'i ,\ ~ / ,\ / / / / /' / / / / / I I I / I I I I I / I I I / / / / / / / / / / / / / / / //~ / m / / 0 -q i-vi .--I ~CT .O. R200559 j~o~< o^tc JULY $ , 2oo3j PROPOSED RIGHT OF WA Y VA GA T/ON BOLDENOW RESIDENCE 6890 L 0 TUS TRAIL ~Lond Frank R. Cardarelle Surveyor 6440 FLYING CLOUD DRIVE EDEN PRAIRIE, CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) SS. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 15, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Notice of Public Hearing for Vacation of Right-of-Way (Gooseberry Road) to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kat/en J. Enl~elt~ardt, D/e4~uty Clerk Subscribed and sworn to before me , 00 o ELIZABETH A. EIDAM ~ Not~ Public g:\engXformsXaffidavit.doc NOTICE OF PUBLIC HEARING CHANHASSEN CITY COUNCIL MEETING MONDAY, JULY 28, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Vacation of Right-of-way APPLICANT: Jason & Cindy Boldenow LOCATION: Gooseberry Road (south of 6890 Lotus Trail) NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, Jason and Cindy Boldenow, are requesting to vacate a portion of public right-of-way (Gooseberry Road) located just south of 6890 Lotus Trail. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Matt Saam at 227-1164 or e-mail msaam @ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on July 10, 2003. .................... Use template for 5160® JASON A & CINDY E BOLDENOW 6890 LOTUS TRL CHANHASSEN MN 55317 ELLEN JANE CRANSTON 695 CARVER BEACH RD CHANHASSEN MN 55317 RANDY SCHLUETER 580 FOX HILL DR CHANHASSEN MN 55317 KURTIS J & MARY E ANDERSON 6870 LOTUS TRL CHANHASSEN MN 55317 RICHARD J WELLS 700 CARVER BEACH RD CHANHASSEN MN 55317 JAMES W TALUS 8350 RED ROCK RD EDEN PRAIRIE MN 55344 JOHN D Jr & LISA LENSEGRAV ETAL 6880 LOTUS TRL CHANHASSEN MN 55317 ROBERT PACIEZNIK 6891 NAVAJO DR CHANHASSEN MN 55317 FRANK L & ANDREA L PATTERSON 600 BROKEN ARROW DR CHANHASSEN MN 55317 LANA L MATSON-GALVIN & JEFFREY D GALVIN 6893 NAVAJO DR CHANHASSEN MN 55317 PATRICK T & DEBRA JO MCRAITH 6900 LOTUS TRL CHANHASSEN MN 55317 ELLEN JANE CRANSTON 695 CARVER BEACH RD CHANHASSEN MN 55317 CRAIG & MARY E RHATIGAN 599 BROKEN ARROW DR CHANHASSEN MN 55317 JAMES V & MARY L FRERICH 651 BROKEN ARROW DR CHANHASSEN MN 55317 RICKI LEE HALE & DEEANN WALLENTINE-HALE 600 FOX HILL DR CHANHASSEN MN 55317 STEVEN C & SHARON L ASH 671 BROKEN ARROW DR CHANHASSEN MN 55317 ROBERT laN AMICK 581 FOX HILL DR CHANHASSEN MN 55317 KIRK N FRIEDLINE 620 FOX HILL DR CHANHASSEN MN 55317 MARK W & VALERIE NELSON 6890 NAVAJO DR CHANHASSEN MN 55317 CLARENCE & FLORENCE KEEFER PO BOX 192 CHANHASSEN MN 55317 FRANK L & ANDREA L PATTERSON 600 BROKEN ARROW DR CHANHASSEN MN 55317 DONALD D PETERSON 6896 NAVAJO DR CHANHASSEN MN 55317 ,Address Labe[s CRAIG & MARY E RHATIGAN 599 BROKEN ARROW DR CHANHASSEN MN 55317 JOSEPH G Ill & BARBARA C BETZ 6940 LOTUS TRL CHANHASSEN MN 55317 DANIEL & BARBARA SIEGEL 621 BROKEN ARROW DR CHANHASSEN MN 55317 STEVEN B MEZ7_ENGA 33316 MEZZENGA LN CROSSLAKE MN 56442 JAMES V & MARY L FRERICH 651 BROKEN ARROW DR CHANHASSEN MN 55317 JAMES V & MARY L FRERICH 651 BROKEN ARROW DR CHANHASSEN MN 55317 CONSTANCE M CERVILLA 650 CARVER BEACH RD CHANHASSEN MN 55317 JON ALAN LANG 640 CARVER BEACH RD CHANHASSEN MN 55317 Laser 5160®