Agenda - Council - 11/28/2006 - Laserfiche WebLink

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Background: Curtis Olson, a resident within the Ponds of Ramsey subdivision, is requesting to vacate part of a drainage and utility easement dedicated to the City. The applicant wishes to construct a patio and deck, and is requesting a reduction in the amount of easement on his property at 14438 Iodine Street. a) Site location map b) Exhibit of underlying easements to be vacated c) Exhibit indicating previous and current wetland delineations d) Correspondence from Anoka Conservation District regarding wetland on site e) Figure 1 illustrating deck and patio f) Proposed ordinance Notification: In accordance with State Statute, City Staff attempted to notify property owners within 350 feet of the subject property of the public hearing to vacate easements. Background: There is an existing drainage and utility easement on the rear property line of 14438 Iodine Street. This easement was taken as part of the Ponds plat to encumber the wetland which was delineated in 2002 when the subdivision was developed. Mr. Olson would like to construct a patio area with retaining walls and decking within this easement area. He has employed a registered engineer to prepare an analysis of the drainage who has established the 100 year flood elevation at 860.2. The wetland was delineated by Dennis Rodacker of the Anoka Conservation District on September 26, 2006 and was found to be less extensive than the earlier delineation. Attached is a memo from Mr. Rodacker stating that in his opinion the later delineation is accurate and that the decrease in the extent of the wetland has been caused by a change in hydrology. There was no evidence of wetland filling or a violation of the Wetland Conservation Act. Observations: CASE # 3 Public Hearing Request for Easement Vacation at 14438 Iodine Street: Case of Curtis Olson By: Breanne Dalnes, Associate Planner and Steve Jankowski, City Engineer The purpose of the drainage and utility easement is twofold; to encumber the right to pond water in an area during a 100 year storm event and to protect wetlands from being filled or drained. The extensive nature of this easement was to protect the wetland as it existed in 2002. Since the wetland has now diminished in size, the easement is not necessary in those areas where the wetland no longer exists. However, there is still a need to preserve an easement over those areas which may become inundated by a 100 year flood event. Attention should be drawn to two areas identified by staff on Figure 1. The first area has been labeled Parcel A. This area should not be vacated since it is lower than the 100- year flood elevation. The proposed deck and patio does not lie in this floodplain. Staff has also noted a second area on the adjacent parcel to the south which has been labeled Parcel B and is approximately 42 square feet in area. This parcel is lower than the 100 year flood elevation, but is not currently encumbered with a drainage and utility easement. With the cooperation of this property owner, this deficiency could be —253—