HomeMy WebLinkAboutItem 06.l
June 19, 2017 Item No. ______
BEACH AVENUE RIGHT-OF-WAY VACATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution vacating
Beach Avenue right-of-way.
Overview
Clint and Kari Juffer have submitted an application for the vacation of part of an existing, platted
road right-of-way to allow for the combination of two residential lots into a single lot and the
construction of a new single family home addressed as 19661 Jersey Avenue. The Juffers recently
purchased two separate parcels that include Block 25 and Block 27, Lenihan’s Lots Antlers Park.
The request is to vacate a part of Beach Avenue, an unimproved road right-of-way platted in
1909.
At their June 1, 2017 meeting, the Planning Commission held a public hearing and
recommended unanimous approval of the right-of-way vacation subject to four stipulations.
There was no public comment.
Primary Issue To Consider
Will adequate right-of-way remain for public utility needs after the right-of-way vacation? A
portion of Beach Avenue right-of-way will remain that includes a public stormwater pipe and
outlet to the lake. In addition, the Juffers are dedicating a public drainage and utility easement in
compliance with Zoning Ordinance requirements. The amount of remaining Beach Avenue right-
of-way and the easement being dedicated are adequate for the City’s present and future utility
needs.
Supporting Information
◊ Vacation Resolution
◊ Signed easement agreement
◊ June 1, 2017 draft Planning Commission meeting minutes.
◊ May 26, 2017 planning report.
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Frank Dempsey, AICP, Associate Planner
None
Zoning Ordinance
1
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 17-____
RESOLUTION VACATING PUBLIC RIGHT-OF-WAY
WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2)
weeks published notice, to consider the following described public road right-of-way vacation;
and
WHEREAS, the City Council has determined that it is in the public interest to vacate said
public road right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following public road right-of-way is hereby vacated:
The part of the platted Beach Avenue right-of-way proposed to be vacated is located south of
and adjacent to Block 25, Lenihan’s Lots Antlers Park and north of and adjacent to Block 27,
Lenihan’s Lots Antlers Park. The area of Beach Avenue proposed to be vacated is also south of
19649 Jersey Avenue and north and west of 19701 Jersey Avenue in the City of Lakeville,
Dakota County, Minnesota.
2. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
ADOPTED by the Lakeville City Council this 19th day of June, 2017
CITY OF LAKEVILLE
BY:________________________
Douglas P. Anderson, Mayor
2
ATTEST:
BY:________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. ___________ is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 19th day of June, 2017 as shown by the minutes of said
meeting in my possession.
__________________________
Charlene Friedges
City Clerk
Seal
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
City of Lakeville
Planning Department
Memorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: May 26, 2017
Subject: Packet Material for the June 1, 2017 Planning Commission Meeting
Agenda Item: Consider the Vacation of Beach Avenue Right-of-Way, Antlers Park
Action Deadline: June 25, 2017
INTRODUCTION
Clint and Kari Juffer have submitted an application for the vacation of part of an existing,
platted road right-of-way to allow for the construction of a new single family home and the
combination of two residential lots into a single lot. The Juffers recently purchased two
separate parcels that include Block 25 and Block 27, Lenihan’s Lots Antlers Park. The
individual lots are described as Blocks as opposed to Lots as is customary today.
A vacation of platted road right-of-way requires a public hearing and notification to private
utility companies and impacted property owners of the proposed vacation.
EXHIBITS
A. Zoning Map
B. Aerial Photo
C. Certificate of Survey Existing Parcels and Vacation Sketch
D. Combined Parcels Sketch
E. Proposed Site Plan with Future House
F. Drainage and Utility Easement Dedication Sketch
G. 1941 Lenihan’s Lots Antlers Park Plat
2
EXISTING CONDITIONS
The two subject lots and Beach Avenue are on the east shore of Lake Marion west of Jersey
Avenue. Beach Avenue is an unimproved public right-of-way created with the Antlers Park
and Lenihan’s Lots Antlers Park subdivisions in 1909 and 1941. Blocks 25 and 27 are wooded
lots separated by the platted Beach Avenue right-of-way and both abut Lake Marion.
Lenihan’s Lots Antlers Park was platted in 1941 and was a partial re-plat of the Antlers Park
plat, a 250 acre plat created in 1909 by Marion Savage which included 200 or more lots and
Antlers Park on the east end of Lake Marion. Blocks 25 and 27 of Lenihan’s Lots Antlers Park
and the Beach Avenue right-of-way have remained undeveloped.
A 22 foot wide private easement is located on the north side of Block 25 allowing the
property to the north permanent use of the encroaching driveway owned by Beverly and
Joan Rudiger for the lot to the north of Block 25. The private easement allows the Rudigers
and the future owners of the Rudiger property use of the north 22 feet of Block 25 as
described on the survey but does not preclude the City’s enforcement of Zoning Ordinance
requirements for improvements such as buildings, fences, etc.
The proposed right-of-way vacation would be a means of eliminating the non-conforming
condition of the landlocked Block 27. This is a lot not accessible to a public street and too
small in area and depth to meet Zoning Ordinance requirements for development.
RIGHT-OF-WAY VACATION
The City installed a public storm sewer line within the east portion of the Beach Avenue
right-of-way in 2016 as part of the Jersey Avenue roadway improvement project. The future
driveway for the Juffer property must not cross and must remain a minimum of 10 feet from
the centerline of the storm sewer pipe located in the Beach Avenue right-of-way.
The portion of the platted Beach Avenue street right-of-way proposed to be vacated ends
at the lake shore and was never improved as a public road. Beach Avenue was intended as
an east/west neighborhood street located south of the railroad on the north side of the
Antlers Park plat. The City Council approved the vacation of the east half of Beach Avenue
east of Jersey Avenue in 1981 to allow the creation of two single family home parcels and
the construction of two new houses.
The total combined area of the Juffer lots and the Beach Avenue vacated right-of-way will
be 66,752 square feet or 1.5 acres. Staff will approve a Zoning Lot Letter to allow the two
parcels and vacated right-of-way to be combined into a single property identification
number. This resolution and document shall be recorded with Dakota County
simultaneously with the right-of-way vacation resolution prior to the issuance of a building
permit for the new house. All utility companies with a potential interest in the right-of-
way vacation have been notified and none have expressed concerns.
3
The Engineering Division reviewed the proposed right-of-way vacation and their
memorandum dated May 26, 2017 is attached.
RECOMMENDATION
Planning Department staff recommends approval of the Beach Avenue right-of-way vacation
subject to the following stipulations:
1. Prior to issuance of a building permit, the Zoning Administrator shall issue and
record a Zoning Lot Letter combining Blocks 25 and 27 and the vacated right-of-
way for permanent combination of the two parcels.
2. Prior to issuance of a building permit, Blocks 25 and 27 shall be combined into a
single parcel through Dakota County in conjunction with the recording of the right-
of-way vacation resolution.
3. Prior to the issuance of a building permit, a public drainage and utility easement
shall be dedicated to the City as shown on the on the easement exhibit (Exhibit F).
4. The future driveway for the Juffer property must not cross and must remain a
minimum of 10 feet from the centerline of the storm sewer pipe in the Beach Avenue
right-of-way.
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Lake Marion
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0BEACH AVENUERIGHT OF WAYTO BE VACATED46,399 SQ. FT.14,570 SQ. FT.5,783 SQ. FT.S59°54'18"E259.62N74°47'42"W277.6545.73
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7DENOTES EXISTING CATCH BASINDENOTES EXISTING HYDRANTDENOTES EXISTING SANITARY MANHOLEDENOTES EXISTING STORM MANHOLEDENOTES EXISTING COMMUNICATION BOXDENOTES EXISTING ELECTRIC BOXDENOTES EXISTING SERVICE OR CLEANOUTDENOTES IRON MONUMENT FOUNDDENOTES IRON MONUMENT SETDENOTES EXISTING POWER POLEDENOTES EXISTING LIGHT POLEDENOTES EXISTING CONSERVATION POSTOR WET LAND BUFFER POSTDENOTES EXISTING TREEPPLP8" TREE000.0DENOTES WOOD HUBDENOTES NAILDENOTES EXISTING RETAINING WALLDENOTES PROPOSED RETAINING WALLDENOTES EXISTING TREELINEDENOTES EXISTING FENCELEGENDDENOTES EXISTING F.E.S.CERTIFICATE OF SURVEY1. No specific soils investigation has been performed on this lotby the surveyor. The suitability of the soils to support thespecific house is not the responsibility of the surveyor.2.No title information was provided for this survey. This surveydoes not purport to show all easements of record.3. See architectural plans for final building dimensions.EXISTING PARCELSCURRENT PARCEL DESCRIPTIONSBlock 25, Lenihan's Lots Antlers Park, according to the recorded plat thereof, Dakota County, Minnesotaexcept that part lying northerly of the following described line:Beginning at the shore of Lake Marion at a point 160.00 feet southerly of the northwest corner ofsaid Block 25; thence in a southeasterly direction to a point on the easterly line of said Block 25,distant 162.00 feet southerly of the northeast corner of said Block 25, as measured along the eastline of said block 25, and said line there terminating.Block 27, Lenihan's Lots Antlers Park, according to the recorded plat thereof, Dakota County,MinnesotaBEACH AVENUE VACATION DESCRIPTIONThat part of Beach Avenue, as designated and shown per record plat of ANTLER'S PARK, according tosaid recorded plat thereof, Dakota County, Minnesota lying southerly of Block 25, northerly of Block 27and westerly of the following described line:Commencing at a point on east line of said Block 25 distant 162.00 feet southerly of the northeastcorner thereof, as measured along said east line; thence continuing southerly on an assumedbearing of 16 degrees 40 minutes 44 seconds West, along said east line of Block 25, a distance of45.73 feet; thence southerly and westerly a distance of 100.43 feet along a tangential curveconcave to the northwest, said curve having a radius of 65.00 feet and a central angle of 88degrees 31 minutes 34 seconds; thence North 74 degrees 47 minutes 42 seconds West, tangent tosaid curve a distance of 149.57 feet to the point of beginning of the line to be described; thenceSouth 55 degrees 14 minutes 02 seconds West a distance of 52.24 feet to the north line of saidBlock 27 and said line there terminating.COMBINED PARCEL DESCRIPTIONSBlock 25, Lenihan's Lots Antlers Park, according to the recorded plat thereof, Dakota County,Minnesota except that part lying northerly of the following described line:Beginning at the shore of Lake Marion at a point 160.00 feet southerly of the northwest corner ofsaid Block 25; thence in a southeasterly direction to a point on the easterly line of said Block 25,distant 162.00 feet southerly of the northeast corner of said Block 25, as measured along theeast line of said block 25, and said line there terminating.Block 27, Lenihan's Lots Antlers Park, according to the recorded plat thereof, Dakota County,MinnesotaThat part of Beach Avenue, as designated and shown per record plat of ANTLER'S PARK, accordingto said recorded plat thereof, Dakota County, Minnesota lying southerly of Block 25, northerly of Block27 and westerly of the following described line:Commencing at a point on east line of said Block 25 distant 162.00 feet southerly of thenortheast corner thereof, as measured along said east line; thence continuing southerly on anassumed bearing of 16 degrees 40 minutes 44 seconds West, along said east line of Block 25, adistance of 45.73 feet; thence southerly and westerly a distance of 100.43 feet along a tangentialcurve concave to the northwest, said curve having a radius of 65.00 feet and a central angle of88 degrees 31 minutes 34 seconds; thence North 74 degrees 47 minutes 42 seconds West,tangent to said curve a distance of 149.57 feet to the point of beginning of the line to bedescribed; thence South 55 degrees 14 minutes 02 seconds West a distance of 52.24 feet to thenorth line of said Block 27 and said line there terminating.EXHIBIT C
FES 18"984.32LPLPR:994.44R:994.07POSTPOSTPPR:995.1740
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060.0NOTE:1. DRIVEWAY CANNOT CROSS ANY PART OF THE STORM SEWER LINE2. DRIVEWAY SHOULD BE LOCATED NOT LESS THAN 10 FEET FROM THE CENTER OF THE STOM SEWER PIPEAPPROXIMATEHOUSE LOCATIONLOT AREA : 66,752 SQ. FT.45.73
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OAK 27"OAK 27"OAK 24"OAK 18"12"OAK 15"DE 10"DE 10"DE 12"DE 10"OAK 10"OAK 15"OAK 13"OAK 18"OAK 15"10"OAK 15"WLL 36"MPL 13"MPL 13"OAK 27"OAK 27"OAK 24"OAK 18"OAK 12"OAK 24"18"OAK 13"OAK 18"12"CHWD 10"CHWD 12"OAK 10"OAK 10"OAK 12"OAK 18"OAK 10"OAK 12"FES 18"984.32POST
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7DENOTES EXISTING CATCH BASINDENOTES EXISTING HYDRANTDENOTES EXISTING SANITARY MANHOLEDENOTES EXISTING STORM MANHOLEDENOTES EXISTING COMMUNICATION BOXDENOTES EXISTING ELECTRIC BOXDENOTES EXISTING SERVICE OR CLEANOUTDENOTES IRON MONUMENT FOUNDDENOTES IRON MONUMENT SETDENOTES EXISTING POWER POLEDENOTES EXISTING LIGHT POLEDENOTES EXISTING CONSERVATION POSTOR WET LAND BUFFER POSTDENOTES EXISTING TREEPPLP8" TREE000.0DENOTES WOOD HUBDENOTES NAILDENOTES EXISTING RETAINING WALLDENOTES PROPOSED RETAINING WALLDENOTES EXISTING ELEVATIONDENOTES PROPOSED ELEVATIONDENOTES AS BUILT ELEVATION(000.0)000.0DENOTES EXISTING TREELINEDENOTES DIRECTION OF SURFACE DRAINAGEDENOTES EXISTING FENCELEGENDDENOTES EXISTING F.E.S.DENOTES EXISTING CATCH BASINDENOTES EXISTING HYDRANTDENOTES EXISTING SANITARY MANHOLEDENOTES EXISTING STORM MANHOLEDENOTES EXISTING COMMUNICATION BOXDENOTES EXISTING ELECTRIC BOXDENOTES EXISTING SERVICE OR CLEANOUTDENOTES IRON MONUMENT FOUNDDENOTES IRON MONUMENT SETDENOTES EXISTING POWER POLEDENOTES EXISTING LIGHT POLEDENOTES EXISTING CONSERVATION POSTOR WET LAND BUFFER POSTDENOTES EXISTING TREEPPLP8" TREE000.0DENOTES WOOD HUBDENOTES NAILDENOTES EXISTING RETAINING WALLDENOTES PROPOSED RETAINING WALLDENOTES EXISTING ELEVATIONDENOTES PROPOSED ELEVATIONDENOTES AS BUILT ELEVATION(000.0)000.0DENOTES EXISTING TREELINEDENOTES DIRECTION OF SURFACE DRAINAGEDENOTES EXISTING FENCELEGENDDENOTES EXISTING F.E.S.CERTIFICATE OF SURVEY1. No specific soils investigation has been performed on this lotby the surveyor. The suitability of the soils to support thespecific house is not the responsibility of the surveyor.2.No title information was provided for this survey. This surveydoes not purport to show all easements of record.3. See architectural plans for final building dimensions.SITE PLANCOMBINED PARCEL DESCRIPTIONSBlock 25, Lenihan's Lots Antlers Park, according to the recorded plat thereof, Dakota County,Minnesota except that part lying northerly of the following described line:Beginning at the shore of Lake Marion at a point 160.00 feet southerly of the northwest corner ofsaid Block 25; thence in a southeasterly direction to a point on the easterly line of said Block 25,distant 162.00 feet southerly of the northeast corner of said Block 25, as measured along theeast line of said block 25, and said line there terminating.Block 27, Lenihan's Lots Antlers Park, according to the recorded plat thereof, Dakota County,MinnesotaThat part of Beach Avenue, as designated and shown per record plat of ANTLER'S PARK, accordingto said recorded plat thereof, Dakota County, Minnesota lying southerly of Block 25, northerly of Block27 and westerly of the following described line:Commencing at a point on east line of said Block 25 distant 162.00 feet southerly of thenortheast corner thereof, as measured along said east line; thence continuing southerly on anassumed bearing of 16 degrees 40 minutes 44 seconds West, along said east line of Block 25, adistance of 45.73 feet; thence southerly and westerly a distance of 100.43 feet along a tangentialcurve concave to the northwest, said curve having a radius of 65.00 feet and a central angle of88 degrees 31 minutes 34 seconds; thence North 74 degrees 47 minutes 42 seconds West,tangent to said curve a distance of 149.57 feet to the point of beginning of the line to bedescribed; thence South 55 degrees 14 minutes 02 seconds West a distance of 52.24 feet to thenorth line of said Block 27 and said line there terminating.EXHIBIT E
4045.73S16°40'44"W149.5
7
N74°4
7
'
4
2
"
W
52.2
4
N55°
1
4'
0
2"
E
Δ =8 8 °3 1 '34"R =6 5 .0 01 0 0 .4 3
S5
9
°
5
4
'
1
8
"
E
25
9
.
6
2
22
±63.00S36°35'47"W84.55S43°53'34"W 50.00S41°25'45"W
S38°22'04"W
61.00 S62°2
6'
1
2
"
W
40.00
S51°08'
2
5"
W
53.00
68.00
N85°50'28"E
50.00
N69°03'
5
2
"
E
57.00
N72°37'
1
1
"
E
N11°58'48"E
15.00
S81°40'47"W
40.00
31.00
S89°27'20"WN9°47'54"E 8.00 N77°48'5
0
"
E
27.00
N37°28'36"E
21.00 N49°42'07"
E
44.00 N42°33'29"E46.00 N73°0
1
'
1
9
"
E
20.00
S80°24'37"E
16.00
S
4
6
°
1
2
'
3
4
"
E
1
1
8
.
0
0
S27
°54
'05
"E27.22
104.9
6
26
7
.
1
2
DRAINAGE & UTILITY EASE
MENTLAKE MARI
ON
OHWL: 983.1
LAKE MARION
OHWL: 983.1
WATERS E
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DRAINAGE &
UTILITY EASEMENT
BEAC
H
A
V
E
N
U
E JERSEY AVENUENW CORNER
BLOCK 25
162.00160.00NE CORNER
BLOCK 25
EAST LINE OF BLOCK 25EASEMENT EXHIBIT
EXHIBIT F
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Frank Dempsey, Associate Planner
From: Matt Decur, Project Engineer
McKenzie L. Cafferty, Environmental Resources Manager
John Hennen, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Daryl Morey, Planning Director
Date: May 23, 2017
Subject: Beach Avenue Right-of-Way Vacation
BBAACCKKGGRROOUUNNDD
Beach Avenue west of Jersey Avenue was dedicated with the Antlers Park plat in 1941 for the
purpose of a public roadway. The Beach Avenue right-of-way contains no public roadway,
but public storm sewer was constructed within Beach Avenue west of Jersey Avenue as part
of City Project 16-02. No other public utilities lie within the Beach Avenue right-of-way.
Clint and Kari Juffer request the vacation of the 5,783 square feet of Beach Avenue Right of
Way lying west of Jersey Avenue, as described in the Certificate of Survey prepared by Probe
Engineering dated April 24, 2017. The Juffers own both parcels (PID 221150025010 and
224490027010) adjacent to the requested vacation.
There are no public utilities within the portion of Beach Avenue right-of-way requested to be
vacated, and there is no public benefit to maintaining the right-of-way. The right-of-way
requested to be vacated lies above the Lake Marion Ordinary High Water Level (OHWL) of
983.1. A public drainage and utility easement will be established over portions of the vacated
right-of-way and adjacent parcels owned by the Juffers located below the Lake Marion
Regional Flood Elevation of 984.6. No structures, grading, filling, or land disturbing activity
will be permitted in this Special Flood Hazard Area (SFHA).
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of vacation of the public right-of-way for Beach Avenue
according to the Certificate of Survey prepared by Probe Engineering and dated April 24,
2017, subject to the establishment of a permanent drainage and utility easement, in favor of
the City, over, under, and across the vacated right-of-way and adjacent parcels as described in
the Easement Exhibit.