Minutes - Planning Commission - 11/19/1996 - Special Meeting

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of the intersection of 167th Avenue and T.H. #47. The subdivision is a replat of Lots 2 and 3, Block 7, Klemish Addition and the two unplatted lots that have been subsequently created fi'om the eastern portion of Lot 3. The southerly portion of the plat is currently occupied by a grocery store and a former bank building and the northerly parcel is occupied by a residential homestead. The purpose of the replat is to achieve one lot for each of the commercial stmclm'es and to accommodate appropriate setbacks in the B-1 Business District with the rest of Lot 2 remaining a residential homestead. Ms. Frolik reported that Mr. Muller now has a buyer for the bank building and wants to split the property to get buildings on their own lots and within setback requirements. She noted the existing bank canopy encroaches into the 39 foot easement adjacent to the T.H. #47 right-of-way. At the time the Klemish Addition was platted, Council required a 60 foot easement fi'om the center line ofT.H. ~,7 and also a 39 foot wide easement adjacent for a possible future service road. Ms. Frolik explained that since the service road will probably not be constructed, Mr. Muller is requesting vacation of that additional 39 foot easement so the bank canopy no longer encroaches on the easement. However, Staffrecommends the 39 foot easement not be vacated because it provides an important line for the pedestrian trail along T.H. #47 and staffbelieves a better solution is to maintain the easement and grant an encroachment to the owner of bank property for the canopy. Ms. Frolik explained how all utility and drainage easements will be vacated and then rededicated along the new property lines and utility lines. Chairperson Bawden asked if it is unlikely that the easement in the area of the canopy encroachment will be used by the State or City. Ms. Frolik advised there is some wet area within the easement so the alignment of the trail will have to "hug" along the property line in some areas, especially the bank property. Commissioner Thorud inquired regarding the location of the mound septic system for the farm. Mr. Muller advised it is the grocery store's septic system and will be located on the grocery store property. Motion by Commissioner Holland and seconded by Commissioner Terry to approve the sketch plan for Muller Addition, a minor subdivision, contingent upon compliance with City Staff Review Letter dated November 14, 1996, and recommend City Council final plat approval of same. Motion carded. Voting Yes: Chairperson Bawden, Commissioners Holland, Terry, Jensen, LaDue, and Thorud. Voting No: None. Absent: Commissioner Deemer. Case #2: Review Proposed Easement Vacation on Lot 1, Block 5, Rum Acre Estates; Case of Robert Bergland Due to the absence of City Engineer Steve Jankowski, Ms. Frolik explained that when Rum Acre Estates was platted in 1974, a drainage easement was granted over the entire area of Lot 1, Block 5, because a storm outfall to the Rum River was not placed as was required. Since this was the lowest lying area, this lot was to serve as a drainage reservoir until the storm sewer was constructed to eliminate the need for a drainage easement. Ms. Frolik noted that sufficient storm facilities were installed in 1990 when storm piping was installed as part of the Juniper Woods development which provided a drainage outlet from this Planning Commission/November 19, 1996 Page 2 of 3