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2. Vacation of Right of Way Kirkahm Rd
, s CITYOF �- I 4 CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 • FAX (612) 937-5739 "be Bi cil'i Adt; MEMORANDUM rt;:4 I TO: Don Ashworth, City Manager - '=FROM: Jo Ann Olsen, Senior Planner DATE: September 5, 1990 C: ".:I± 1 SUBJ: Vacation of a Portion of Kirkham Road Right-of-way Located to the East of Lot 2, Block i, Way Addition, Michael and Cynthia Wenner 1 On August 8, 1988 the City Council approved the final plat for the I Way Addition which created two lots. The Way Addition was approved subject to five conditions. One of the conditions was the reservation of a 50 ft. drainage, utility and street easement along 1 the westerly side of Lot 2 (Attachment #1) . An existing 30 ft. right-of-way (Kirkham Road) is adjacent to the easterly lot line of Lot 2, Block 1, Way Addition. The 30 ft. right-of-way is unimproved and does not provide access to any existing or future I lots. The 50 ft. street easement was provided with the Way Addition in place of the existing 30 ft. Kirkham Road right-of-way for future street improvements should the property be further 1 subdivided. The applicants, Michael and Cynthia Wenner, have purchased Lot 2, I Block 1, Way Addition. There is an existing stand of trees located on the northern half of Lot 2 and the applicants are proposing to locate their home in front of the stand of trees so that they can be preserved. Lot 2 has the 50 .ft, street easement on the westerly 1 portion of the lot and Kirkham Road on the easterly side. With the 50 ft. street easement on the west, Kirkham Road right-of-way on the east, and Red Cedar Point Road on the north, the lot has three I front yard setbacks and the residence could not be located as proposed without first obtaining variances to the setback requirements. The City has no intention of improving Kirkham I Road. Should the subject property (Lot 2, Block 1, Way Addition) be further subdivided, access would be provided through the 50 ft. roadway easement located on the easterly portion of the lot. By vacating the Kirkham Road right-of-way, the 30 ft. front yard I setback required by the Zoning Ordinance from Kirkham Road would be reduced to a 10 ft. side yard setback and the right-of-way vacated would be returned to the subject property and the property to the I r 1 .‘ I 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 I Mr. Don Ashworth September 5, 1990 Page 2 east. This will result in a larger buildable area for the home to be located on Lot 2, Block 1, Way Addition while maintaining the required setback and preserving the stand of trees on the lot. Recommendation Staff recommends the City Council adopt the following motion: "The City Council recommends approval of vacating a portion of Kirkham Road located along the westerly lot line of Lot 2, Block 1, Way Addition with the following condition: ' 1. The applicant shall provide the city with the legal description of the portion of Kirkham Road vacated and shall maintain any required drainage and utility easements. " ' Attachments ' i. Copy of the Way Addition Plat. 2. Copy of the surrounding area and Kirkham Road. 1 i I r I l:l ; T �` 1 O U m O O O� „� , . _ _ °� 0,, .2....y °9e,o , �`-� l �, S2©° ,� n 0 1J I r h t.� w ' °9 d i to °- i i ., S ft) a) �Ou r96s >s` �/ °� / f �� s,° s.? \ �N°' J I /$**) --...__ / (.2'° 44, o i k.1',„(7) i \ �y O 1 0 -4 to l / (b(2"/ \ \ /�O^ O>� \3 I/ ?o � ti � ). A/ I \ ° 0,0O s"0., () / 0 '�N /i4 .. i, se o� T �, 10 30 0 1 /i; :2 Po \ :) .,/ /o° r� O u'/ ' o= o S,s ID, � \ PO�`i 4 Ste. H �� / • P O / , I ,„„,......\ FiL If 0-, i * . ••••... . 1/ . / s .\ ." (.47 C' / ..-1 W N1 \ 4! 4, i,• I o w° 5\ Tcg and � l1y Esm _— -- -- — l 3° 20 ,___ 4.... _ _ _ JP— /■ 269.29 32 OS (_ `1 r -301 33- I to Ir o e fine or Govf to 40 ME I . — a i i i!`111111111--r _ • 1 M - ' — — — -a i r t t r-1sa . y and 1 1 t t JJ t 1• r — 1 —7-0 \\ f --.- ..- / \N. i \ % \ - \ • \ \ / /" / i/!i\ - \ \ t • • \ 1 / --_y ,-, r �� \ \ \ 1 / / e' J \ \it \\ ttt f / / ' l Q I. fi ■ \..\ 41,14 t Apr" ,,,/♦. / 1 \ D\'�k%‘ r�/t - . /J lo\��\t ♦ • / i _ 1 / r 1 - \• .� - ��. / • :n \\ : / • /-I. ...a w 1 • o\ i ®�� I O , 1 1 f r• 7J ‘11 1 , •i:;MPFR r \4 0 \\Iv ,oc, , _ 'LI ---\C- /F".... ..../ I, ED • , v.. I -arg- 1 ..,•!.r 7* al S■ illt...‘ ‘ • I �, _ - 7 I r � �\° k rt.' 1 \ . 4 (1) . 1 = :. . CITY OF CHANHASSEN /� 690 COULTER DRIVE 3Qn� J r�Cr��Ji'` CHANHASSEN, MN 55317 XrrVSVo� /N (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: (17/-7:,1-/c/. E1. L X f2i �r - OWNER: &-toL7y f t � ' I HH��cst���� J ADDRESS: ADDRESS: /f ) /U1 GE`� i �4 ere'ttler ,p AM) ST39 TELEPHONE (Day time) 3 ` 2-72-2-- TELEPHONE: 4t2-fl 4'3e, ' REQUEST ♦ Conditional Use Permit - $150 ♦ Subdivision: I ♦ Interim Use Permit - $150 Preliminary Plat: ♦ Land Use Plan Amendment - $100 - Sketch Plan - $200 ♦ Planned Unit Development: - Create less than 3 lots - $100 ' - Sketch Plan - $200 - Create more than 3 lots - $100 + $15 acre + $5 per lot' - Preliminary Development Plan lot created $300 + $15 acre - Final Plat - $100 - Final Development Plan - $200 - Metes and Bounds - $100 - Amendment to Final Development Plan - $300 + $15 acre - Consolidate Lots - $100 TOTAL PUD TOTAL SUBDIVISION ♦ Site Plan Review - $150 ♦ Wetland Alteration Permit: ' - Individual Single Family . 1-Vacation of tility or Lots - $25 Street Easement - $100 - All Others - $150 ♦ Variance - $75 ' ♦ Rezoning - $250 ♦ Zoning Appeal - $75 ♦ Zoning Ordinance Amendment - I No Charge - A list of all property owners within 500 feet of the boundaries of the , - property must be included with the application. ')I Twenty-six full size folded copies of the plans must be submitted. ' * NOTE - When multiple applications are processed, the appropriate fee shall' be charged for each application. �Lt ed"/Ord Q�rf//y/i- c'p /U� Q �i /-6r/% ucut l;/ t� I PROJECT NAME 11V �cLSt ,'C) /Dt &/UC� I cod / 3 t/Oc- / G(.41/5 ' 63 C1��/� LOCATION —.5a/)is C LEGAL DESCRIPTION ' PRESENT ZONING 76 f' toi/ REQUESTED ZONING �SCslr� C/,S ,f /U IPRESENT LAND USE DESIGNATION /()44 J ain57`L' (Ii, REQUESTED LAND USE DESIGNATION S/.f/l2( C/S G1t)la• I REASON FOR THIS REQUEST (1,1M1 (i • 6 i /(/*/ CibLe / 0/11 j C/j s{yv r `f< /)iVi( J {i.),-// L //77/ ,fu// / �t/,<< I J This 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 procedural requirements applicable to your application. I This 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 I pertaining to this application. 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 I am the authorized person to make this application Iand the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and Ithe progress of this application. I further understand 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 my Iknowledge. I also understand that after the approval or granting of the permit, such I permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City • Hall Records. u `_4. c, / /fro ' Signa;turI o li a Date - _ _A f,f& Sig a eie of e O`er Date 7 / • Application Received on } ✓ - C/13 Fee Paid C /,-/M •3-) Receipt No. 6/5 • This application will be cois4dered by the Planning Commission/Board of I Adjustments and Appeals on 39_ — /)- .2 1 1