Agenda - Council - 02/22/2022 - Laserfiche WebLink

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2022. The purpose of the variance is to address the proposed setback of 120 feet from the OHW. Per the Wild and Scenic Overlay District standards,which are derived from State Statute,the minimum required setback is 150 feet. The variance approval has been included as a contingency of the final plat. Alternatives Alternative 1: Introduce Ordinance#22-13 to Vacating all Drainage and Utility Easements on Lots 11 &12,Block 6 Barthels Rum River Acres (together known as 5280 161 st Ave NW); and Adopt Resolution#22-036 Approving the Final Plat of Rices Rum River Acres. This alternative would create a legally conforming lot, and vacate drainage and utility easements that are no longer necessary on the Subject Property. Staff supports this alternative. Alternative 2: Do not adopt Ordinance#22-13 and/or Resolution#22-03 6. If the Ordinance is not adopted,this segment of drainage and utility easement remains with no apparent purpose. If the Resolution is not adopted, the vacated drainage and utility easement would still be divided between the two adjacent parcels. The two lots will remain legal non-conforming related to lot size and the Applicant would need to identify an alternative site for the proposed accessory structure. Staff does not support this alternative. Funding Source: The Applicant is responsible for all costs involved in the vacation process as well as the Minor Plat. Recommendation: City Staff recommends introducing Ordinance#22-13 vacating a portion of drainage and utility easement at 5280 161 st Ave NW and adopting Resolution#22-036 approving the Final Plat of Rices Rum River Acres contingent upon adoption of Ordinance#22-13 (this contingency is included in the Resolution). Outcome/Action: Motion to Introduce Ordinance#22-13 to Vacate the Drainage and Utility Easements at 5280 161 st Ave NW. - and- Motion to Adopt Resolution#22-036 Approving the Final Plat of Rices Rum River Acres. Attachments Site Location Map Public Hearing Notice Sketch Plan Final Plat Exhibit of Drainage and Utility Easement Area Not Being Rededicated with Final Plat Ordinance#22-13: Easement Vacation Resolution#22-03 6: Final Plat Form Review Inbox Reviewed By Date Chris Anderson Chris Anderson 02/14/2022 12:44 PM Brian Hagen Chris Anderson 02/14/2022 04:36 PM Brian McCann(Originator) Brian McCann 02/15/2022 08:04 AM Chris Anderson Chris Anderson 02/15/2022 09:24 AM Brian Hagen Brian Hagen 02/16/2022 10:23 AM Kurt Ulrich Kurt Ulrich 02/17/2022 09:47 AM Form Started By:Brian McCann Started On:01/27/2022 02:09 PM Final Approval Date:02/17/2022