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5 Easement 8124 Dakota Lane CITYOF 690 City Center Drive PO Box 147 Minnesota 55317 Phone 952.937.1900 General Fax 952.937.5739 r Department Fax 952.937.9152 Building Department Fax 952.934.2524 Web Site www. ci. &anhassen. mn. us MEMORANDUM TO: Teresa Burgess, City Engineer/Dir. of Public Works FROM: Matt Saam, Assistant City Engineer fl{-9 DATE: January 7, 2002 SUB J: Vacation of a Portion of a Drainage & Utility Easement Lot 55, Block 2, Hidden Valley, 8124 Dakota Lane Vacation File No. 2001-7 REQUEST Staff has received a request from Tony Mertes, the property owner at 8124 Dakota Lane, to vacate an existing portion of a drainage and utility easement that runs along the eastern half of the applicant's property. BACKGROUND The existing drainage and utility easement was dedicated to the City as a part of the Hidden Valley plat. There is an existing rearyard ditch drainage system along with a storm sewer line that is contained within the easement. DISCUSSION The applicant wishes to build a garage addition in an area that would encroach 9- feet into an existing 50-foot wide drainage and utility easement. The proposed easement vacation would eliminate the encroachment. Initially, staff was concerned that the proposed vacation would decrease the stormwater storage capacity of the rear yard drainage system. Staff believed that the grading required for the proposed garage addition would fill in a portion of the drainage system. Upon visiting the site, however, staff found that this was not the case. In fact, minimal fill will be required because the area of the proposed garage addition is already within a foot of the existing garage elevation. As such, the construction of the proposed garage addition will not have any effect on the storage capacity of the drainage system. Staff's other concern was in terms of accessing the ditch in order to clean and maintain the drainage system. In order to provide City maintenance crews with the best possible access, staff would recommend limiting the easement vacation to 10 feet in width. This 1 O-foot wide vacation would cover the proposed garage addition. RECOMMENDATION Staff recommends that the City Council adopt the following motion: Gtv o£ Chanhassen. A erowin¢ communiv~ with clean lakes, aualitv schools, a charmin~ downtown, thrivinv businesses, and beautifiul oarks. A ~reat t~lace to live, work, and afar. Teresa Burgess January 7, 2002 Page 2 "The Chanhassen City Council approves a resolution vacating a portion of the existing drainage and utility easement located on Lot 55, Block 2 of the Hidden Valley plat as defined in the attached vacation description, subject to the following conditions: 1. Show all existing and proposed contours on the lot survey. 2. Show the proposed driveway leading to the garage addition. . Move the existing shed, which is shown on the lot survey, out of the drainage and utility easement or obtain an encroachment agreement from the City. 4. For access purposes, limit the width of the easement vacation to 10 feet which would be to the edge of the proposed garage addition. Attachments: . 2. 3. 4. 5. 6. 7. c~ Application. Applicant's Request Narrative. Description of Easement Vacation/Lot Survey. Profile View of House and Ditch. Notice of Public Hearing. Affidavit of Mailing. Lo~ation Map. Tony Mertes, 8124 Dakota Lane Julie Grove, Planner I Daniel R. Remer, Engineering Technician III g:\engXrnatthnemosXstaff reports\mertes easement vacation.doc OFFIC. AN. ENGI~ COPY ~ed by Ci~/Engineer Al31:~ved by City Council Date CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION ADDRESS: OWNER: ADDRESS: DNE (Day time) 7~.'~'"~ffL~- 2(~19 TELEPHONE: c~5 Z.-- ~ '7" B ~ ~ I Comprehensive Plan Amendment Conditional Use Permit Temporary Sales Permit Vacation of ROW/Easements Interim Use Permit Non-conforming Use Permit PJanned Unit Development* Rezoning Sign Permits Sign P~n Review Site P~n Review* Subdivision* Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign X Escrow for Filing Fees/Attorney Cost** ($50 CUPISPRIVACNAR/VVAP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ //~- ~ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. ]~u~ding material samples must be submitted with site plan reviews. "Twenty-six full size ,folded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of ~ansparency for each plan sheet. Escrow will be required for other applications through the development contract - When rnu~iple applications are processed, the appropriate fee shall be charged for each application. P,~OJECT :NAME. TC)/~ /t,[ 'L~-'lnc,~_~ ,.- LEGAL DESORIP'TION l_~)'"[" TOTAL ACMEAG E iPp -/3 VAbb Coczo ~S P,P, ESENT YES PRESENTZONING T'~'.g ! D'~-~"~ ~ REQUESTED ZONING _ ,,X' NO PRESENT LAND USE DESIGNATION ~EOUESTED LAND USE DESIGNATION ~,~[ LO/k)--(_~ "' 'P,F___ASON FOR THiS REQUEST A- D -T'hgs application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions.. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procodura! requiremer~ts applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written r~tJce of applica~on deficiencies shall be mailed to the applicant within ten business days of application. -]'hi's is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom 'the City should contact regarding any matter pertaining to this ~pplication. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of. Title, Abstract of Title or purchase agreement), or ! am the authorized person to make :this application and the fee owner has also signed this application. 1 w~ keep myself informed of the deadlines for submission of material and the progress 'of this application. I further zmderstand that additional fees may be charged for consulting fees, feaSibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of · ny knowLedg~ , 'The c'~ hereby uotifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. ' Date Signature of Fee Owner Date App]~r_mIion Received on Fee Paid Receipt No. "The appticant should contact staff for a copy of the staff report which' will be available on Friday prior to the meeting. If,not contacted, a copy of the report will be mailed to the applicant's address. 8124 DAKOTA LANE 14' X 22' GARAGE ADDITION FRONT VIEW RIGHT SIDE VIEW 5' 10' 15' ~0' 8124 DAKOTA LANE C/L nF ])ITCH (PROPERTY LINE) FRONT VIEW 0 5' 10' 15' ;~0' 25' 30' 35' 40' 45' 50' 53' FRONT VIEW 0 5' 10' C/L OF I)ITCH (PROPERTY LIND · 30 35' ' ' I NOTICE OF PUBLIC HEARING VACATION OF EASEMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, January 14, 2002, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 690 City Center Drive. The purpose of this hearing is to consider the request of Tony Mertes for vacation of a drainage and utility located on Lot 55, Block 2, Hidden Valley, 8124 Dakota Lane. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Matthew Saam, Project Engineer Phone: 227-1164 (Publish in the Chanhassen Villager on December 27, 2001) Need for Vacation at 8124 Dakota Lane, Chanhassen 10/1/01 To Whom It May Concern: We wish to add a third stall to our current two-car garage, We wish to expand the garage on the east side of our house. There is no residence on the east side of our house where the expansion is to take place. The lot has a fiat spot located on the 50 foot easement that will easily accommodate the expansion without disrupting drainage or access to the ditch.. As our children are reaching ddving age, we want to be able to provide them with a parking spot to prevent parking on the road and congesting the driveway. We also want to prevent them from driving in the winter with possible ice covered windows. We would also like the extra space to provide room for more tools, as we are do-it-yourselfers and typically have many projects. Thank you for your consideration. Sincerely Yours, Jan and Tony Mertes That part of the $0.00 foot Drainage and Utility gas.me:hi described as follows: Commencing at the NW corner of Lot 55~ Block 2~ HIDDEN VALLEY~ Carver County~ Minnesota as on file and of record' thence S 1° 00' 00" W (assumed bearin along the west line t~ereof a distance of ~.37 feet; thence S 20° 00' 00" E. a distance of 160.00 feet to the point 'of . beginning; thence N 70° 00' 00" E a distance of 17.00 ~ feet' 'thence S 20° 00' 00" E a distance of 52 72 feet t ~ a line parallel with.and dtstant.iO..O.O, feet north- ~'0,, westerly of the southerly lot line' thence sour.west ~ ~ erly on said parallel line to said west line of 50 foot easement' thence N 20° 00' OO" W along said west line to the point of beginning. ~/ / . ~LI~J~d'T '"FO ~'~5F} ~IF. UT5 oF I hereby certify that this is a true and correct representation of a survey! of !the bou~dar~e~ i! of LotS~, BLOC~ ~l~[~)~_k\ att£Y, ~gEK County. Minnesota as on file and of record · :' ': , : 'l ; ~ in ~he Office of the County Recorder in and for said County. ' ': :, ': ~ ;~ ~ i: : I . i :;, ~: ',; I ;i That I am a duly Rogistarad Land Su?vayor under tha Laws o~ tha Sta{~} ~,~ ~inno~oti. Allan R. Hastings t : Minnesota Registration No. 17009 212 First Avenue East Suite No, C Shako~e, ~innesota 55379 Phone 9~2 445 4027 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MhNNESOTA) ) SS. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 27, 2001, 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 Public Hearing on January 14, 2002 for Vacation of Drainage & Utility Easement at 8124 Dakota Lane - Tony Mertes to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such o~vner, 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. Subscribed and sworn to before me this .2..-1 day o f 12).t_~ c a ~ ~.~ ," ,2001. ' Notary P lict~l!~~- g:\eng\formsXaffidavit.doc ~~~..~ Notary Public- Minnesota 5 ~ CARVER COUNTY ~ ~ -'-"- My Commission Expires 1/31/2._0~_.~ NuTICE OF PUBLIC HEARING CHANHASSEN CITY COUNCIL MEETING MONDAY, JANUARY 14, 2002 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BOULEVARD PROPOSAL: Vacation of Drainage & Utility Easement APPLICANT: Tony Mertes LOCATION: 8124 Dakota Lane NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Tony Mertes, is requesting to vacate a drainage and utility easement located at 8124 Dakota Lane. 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 227-1164. 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 City Council. Notice of this public hearing has been published in the Chanhassen Villager on December 27, 2001. City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. The staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. g:\user~vicki~review procedure.doc JOHN C WINGERT & JANT. T L COCHRA~ 8048 ERIE SPUR CHANHASSEN MN 55317 RANDY M & ALISON L BLACKOWIAK 8116 ERIE cm CHANHASSEN MN 55317 TROND & MARILYN M ALHOU 8170 HIDDEN CT CHANHASSEN MN 5531' BRUCE V & PA~MELA S REMUS 8050 ERIE SPUR CHANHASSEN MN 55317 MICHAEL J & STACEY M STOCK 8114 ERIE CIR CHANHASSEN MN 55317 DALE K & ZOLA A KLABUNDE 8160 HIDDEN CT CHANHASSEN MN 55317 JOHN E & LEIGH ANN MEYER 8106 DAKOTA LN CHANHASSEN MN 55317 PETER J & ANNE E BAKER 8113 DAKOTA LN CHANHASSEN MN 55317 HOWARD W & SHELLEY D GRAC 8150 HIDDEN CT CHANHASSEN MN 55317 LEON J & RITA L LA CHAPELLE 8108 DAKOTA LN CHANHASSEN MN 55317 CITY OF CI ASSEN C/O SCOTT SOTCHER 690 CITY CENTE~?~DR~O BOX 1,47 CHAN_Z ssz-'s 55,17 PAUL A & JANET E NICOLAI 8051 HIDDEN CIR CHANHASSEN MN 55317 PHILIP V HENNEN & RHONDA P BOE 8110 DAKOTA LN CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BOTC~Z-R/ 690 CITY.~,ENT~ER DRPO BOX 147 CHAN'FIASSEN MN 55317 RANDY S & KRISTINE IMKER 8163 MARSH DR CHANHASSEN MN 55317 SANDRA L CRAIG 8111 ERIE CIR CHANHASSEN MN 55317 SUSAN ROSE SULLIVAN 814 l HIDDEN CT CHANHASSEN MN 55317 RICHARD D HLADKY 8173 MARSH DR CHANHASSEN MN 55317 TIMOTHY & NANCY HERBERG 8113 ERIE CIR CHANHASSEN MN 55317 DAVID J & LORI J CAMERON 8161 HIDDEN CT CHANHASSEN MN 55317 DAVID L & GLORIA E ISACKSON 8183 MARSH DR CHANHASSEN MN 55317 JAMES J & MICHELLE P LAUR.ENT 8115 ERIE CIR CHANHASSEN MN 55317 GREGORY A & BARBARA R YEAKEY 8181 HIDDEN CT CHANHASSEN MN 55317 BRUCE F & JOYCE L BOYLE 8193 MARSH DR CHANHASSEN MN 55317 DAVID L & RHONDA FAIDLEY 8117 ERIE CIR CHANHASSEN MN 55317 TERRY L OWENS 8191 HIDDEN CT CHANHASSEN MN 55317 TERENCE D & JOAN M DEMETER 8203 MARSH DR CHANHASSEN MN 55317 CONSTANCE J DEAFENBAUGH 8118 ERIE CIR CHANHASSEN .MN 55317 LAMONTE J & JANICE M EASTVOLD 8180 HIDDEN CT CHANHASSEN MN 55317 JOHN F & GERALYNN M COLOSEY 8223 MARSH DR CHANHASSEN MN 55317 MICHAEL S & SUSAN J THORUD 8243 MARSH DR CHANHASSEN MN 55317 CURTIS H & NICOLE C STRAIT 8180 MARSH DR CHANHASSEN MN 55317 ROBERT V LANGLEY & LAURIE B SOPER 8134 DAKOTA LN CHANHASSEN MN 55317 PAUL E & ANN GAAS 8263 MARSH DR CHANHASSEN MN 55317 KIRK J & JENNIFER S SWANSON 8190 MARSH DR CHANI-tASSEN MN 55317 GOPAL & NIRALI SHAH 8136 DAKOTA LN CHANHASSEN MN 55317 ROBERT A & KATHLEEN M OLMSTED 8283 MARSH DR CHANHASSEN MN 55317 FRED T & ANGELA F BLALCZYK 310 SINNEN CIR CHANHASSEN MN 55317 SCOTT K & KIRSTEN MOLENCAMP 8137 DAKOTA LN CHANHASSEN MN 55317 ANTHONY J & JANET L MERTES 8124 DAKOTA LN CHANHASSEN MN 55317 CHAD R & ROBIN E POINTER 331 SINNEN CIR CHANHASSEN MN 55317 JAMES D & REN'E M LUCAS 8135 DAKOTA LN CHANHASSEN MN 55317 R & CHERYL K KINSELLA 8118 DAKOTA LN CHAi~SEN MN 55317 L TYLER & JANE L PETERSON 321 SIN"NEN CIR CHANHASSEN MN 55317 JAMES D LEWIS 8133 DAKOTA LN CHANHASSEN MN 55317 E & MICHELLE M SCHUMACHEt 16 DAKOTA LN MN 55317 PAUL R & SUSAN K FIX 311 SINNEN CIR CHANHASSEN MN 55317 ROBERT A & CYNTHIA M MYERS 8131 DAKOTA LN CHANHASSEN MN 55317 L MATTERN & M SEIM ]114 DAKOTA LN MN 55317 GENE P & KIM A HEIKKINEN 301 SINNEN CIR CHANHASSEN MN 55317 MICHAEL B & ROSA H SEIM 8129 DAKOTA LN CHANHASSEN MN 55317 C & NANCY L REDDEN I 17 DAKOTA LN MN 55317 DONALD J WILDMAN 8128 DAKOTA LN CHANHASSEN MN 55317 TERRY D & FRANCESCA GRAY 8127 DAKOTA LN CHANHASSEN MN 55317 G & KRISTEN A BALDWIN 121 DAKOTA LN MN 55317 JOSEPH R ALTHAUS 8130 DAKOTA LN CHANHASSEN MN 55317 CITY oF CHANHASSEN C/0 SCOTT BOTCHER ~ 690 CITY CE2gr-EK'D~O BOX 147 CHAb~5~EN MN 55317 LAKE A SPILLERS & J GRAHAM-SPILLERS · 123 DAKOTA LN HANHASSEN MN 55317 PHILIP J & LUCILLE M REHM 8132 DAKOTA LN CHANHASSEN MN 55317 0 D L ne