HomeMy WebLinkAboutItem 05City of Lakeville
Planning Department
Memorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: October 27, 2017
Subject: Packet Material for the November 2, 2017 Planning Commission Meeting
Agenda Item: Vacation of Public Road Right-of-Way – Schweich First Addition
Action Deadline: December 5, 2017
INTRODUCTION
Terry and Chris Schreiner have submitted application to vacate the unimproved, platted
road right-of-way adjacent to their property located at 8490 – 195th Street. 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 Photos (2 Pages)
C. Certificate of Survey with Vacation Sketch
D. New Drainage and Utility Easement Dedication Sketch
E. 1966 Schweich First Addition Plat
F. Dakota Electric Association Letter and Exhibit (2 Pages)
2
EXISTING CONDITIONS
The applicants are requesting that the unimproved right-of-way adjacent to their property
be vacated and allowed to be combined with their principal parcel to the west. The 30 foot
wide right-of-way was dedicated as part of the Schweich First Addition plat approved by the
Lakeville Township Board in 1966 for a future Township Road, which was never constructed.
With the review and approval of the Crescent Ridge and Legacy Addition plats, it was
determined that the subject road right-of-way will not be developed for public street
purposes.
RIGHT-OF-WAY VACATION
The process to vacate road right-of-way requires that all utility companies that serve the area
be notified of the proposed vacation in the event they have existing or future planned
facilities within the right-of-way. Dakota Electric Addition (DEA) responded with comments
that they did in fact have underground facilities in the platted right-of-way as well as
overhead electric lines along the south boundary of the plat and the subject road right-of-
way. DEA is requesting that a 10 foot wide easement be dedicated to cover their facility and
access needs in the area. No other utility companies responded to the public hearing notice.
When platted road right-of-way is vacated, ownership of the vacated right-of-way is
transferred to the adjacent lot in the original plat. In this case, only the west half of the right-
of-way was dedicated originating entirely from the Schweich First Addition plat. The sole
beneficiary of the vacation is the Schreiner property, Lot 1, Block 1, Schweich First Addition.
RECOMMENDATION
Planning Department staff recommends approval of the road right-of-way vacation subject to
the following stipulations:
1. The vacated road right-of-way shall be combined into a single parcel with Lot 1,
Block 1, Schweich First Addition within 60 days of approval of the right-of-way
vacation.
2. Prior to the City recording the right-of-way vacation resolution, a 10 foot wide
public drainage and utility easement shall be dedicated as shown on Exhibit D of
the October 27, 2017 planning report.
RA
RS-3
RS-3
RS-4
RS-3
RS-3
RS-3
P/OSRS-3
197TH ST W
194TH ST W
193RDSTW
HOLDINGFORDWAYHOLLOWAYLNHIGHVIEWAVEHENNING
A
VE
HIBBI N G W A Y
HOLYOKE AVEHIL
L
DALE AVE
195TH ST W
HE A R THCT199TH CTWHALOAVEHIGHVIEW AVESCHREINER VACATION
Ü
EXHIBIT A
SCHREINER VACATION
Property Information
October 25, 2017
0 450 900225 ft
0 130 26065 m
1:4,800
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
EXHIBIT B
SCHREINER VACATION
Property Information
October 25, 2017
0 110 22055 ft
0 30 6015 m
1:1,200
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
•••••````````````QQQQ`Q«m«««m`¢`¢`¢`¢````````ùü üùüüù¨(¬zN(¬zN('('zN('('zN(¬zN(¬zN(¬zN(¬zN`Q˚wñîñîñî
`Ëì A 10-Foot Drainage and Utility Easement along the Easterly and Southerly Property lines.8475843684648478844384918507852385398555851284908487853419673196311949719498194721 9 4 6 9 19493JC4718245182461742561359ProposedProposedProposedProposedProposedProposedProposedProposedProposedProposedProposed1 9 5 T H S T W197TH ST W195TH CTHIGHVIEWAVEThis drawing is neither a legally recorded map nor a survey and is not intended to be used as one. Check with DEA Land Use Manager to verify specific site locations are within DEA Service Territory. This drawing is to be used for reference purposes only. Dakota Electric Association is not responsible for any inaccuracies herein contained. For location of buried cable call Gopher State One Call @ 1-800-252-1166 or 651-454-0002.10/18/2017Date plotted:knudsenbyMap No.:C2-21-CBT114N R20W S21Twp.:Dakota Electric±0 40 80 120 16020FeetEXHIBIT F