HomeMy WebLinkAboutItem 06.l
Date: Item No.
TONGEN EASEMENT VACATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution vacating a
public drainage and utility easement.
Overview
Jerry Tongen submitted an application for the vacation of an existing public drainage and utility
easement. The purpose of the vacation is to clear the property title of the easement, part of which
runs through the existing building. The subject property is located at 8333 – 210th Street and
includes a building with multiple commercial tenants.
The Planning Commission held a public hearing at their December 20, 2018 meeting and
recommended unanimous approval of the easement vacation. There was no public comment or
negative responses from utility companies.
Primary Issues to Consider
• Why is the easement proposed to be vacated? The easement was dedicated in 2005 to
establish the required boundary easement. The west property line runs between the
buildings that are under separate ownership. When the easement was dedicated in 2005, it
was not the intention for the legal description to include that part of the west property line
that includes the building. The easement vacation will ensure that the building is
unencumbered by the easement.
Supporting Information
• Vacation Resolution
• December 20, 2018 draft Planning Commission meeting minutes
• December 7, 2018 planning report
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Diversified Economic Development
Report Completed by: Frank Dempsey, AICP, Associate Planner
January 7, 2019
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CITY OF LAKEVILLE
RESOLUTION NO. 19-____
RESOLUTION VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENT
WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2)
weeks published notice, to consider the following described public drainage and utility easement
vacation; and
WHEREAS, the City Council has determined that it is in the public interest to vacate said
public drainage and utility easement.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following public drainage and utility easement is hereby vacated:
The ten-foot wide public drainage and utility easement over, under, across, and adjoining the
west property line of Parcel 1, that lies south of the north 10 feet of said Parcel 1, and that lies
north of a line that is 10 feet north of the north right of way of 210th Street West.
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 7th day of January, 2019
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 7th day of January, 2019 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 COMMISSION MEETING MINUTES
December 20, 2018
Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Pat Kaluza, Jeff Witte, Jason Swenson, Karl Drotning, Brooks
Lillehei, Scott Einck, Paul Jarvis
Members Absent: Vice Chair Jason Kelvie, Ex-officio Mike Lamm
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Kris Jenson, Associate Planner; Joe Powers, Project Engineer; Penny Brevig, Recording
Secretary
3. Approval of the Meeting Minutes
The December 3, 2018 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated that the January 3rd Planning Commission meeting is cancelled. The
next scheduled meeting will be January 17th. He also indicated that there will be a
work session at the meeting on January 17th to discuss the 2040 Comprehensive Plan.
5. Jerry Tongen
Chair Kaluza opened the public hearing to consider the application of Jerry Tongen
for the vacation of a public drainage and utility easement located at 8333 – 210th
Street.
Jerry Tongen and Glenn Nord, representing Mr. Tongen were in attendance at
tonight’s meeting. Mr. Nord presented a brief overview of the request. He showed a
survey of Mr. Tongen’s property with the location of the drainage and utility easement
that they are requesting be vacated. Mr. Nord also asked if the $1,200 vacation
application fee and escrow could be waived.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
explained that the purpose of the vacation is to clear the property title along the west
boundary of the property line that runs through the existing building, which includes
multiple commercial tenant spaces.
Mr. Dempsey stated that the easement was dedicated in 2005 as a stipulation of a
CUP allowing Mr. Tongen to operate a recreational vehicle repair business on the
Planning Commission Meeting Minutes, December 20, 2018 Page 2
property. The easement was required to correct a pre-existing non-conforming
condition.
Mr. Dempsey stated that the utility companies with a potential interest in this easement
vacation were notified and had no concerns.
Mr. Dempsey reviewed the current conditions of the subject property and past
conditional use permits that were granted for this property.
A recent inspection of the property indicated several violations of the Zoning
Ordinance and of the requirements of approved conditional use permits (CUP), which
are listed in the December 7, 2018 planning report. Mr. Dempsey indicated that City
staff will work with the property owner and tenant to gain compliance of the Zoning
Ordinance and CUP requirements.
Mr. Dempsey stated that staff recommends approval of the easement vacation as
described in Exhibit B of the December 7, 2018 planning report.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Swenson, seconded by Lillehei to close the public hearing
at 6:10 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Commissioner Drotning confirmed that the legal description of the easement
that is being vacated was prepared by the property owner’s surveyor.
• The request to waive the application fee for this easement vacation is not the
Planning Commission’s prevue. Mr. Morey stated that the request will be
reviewed administratively.
Motion was made by Lillehei, seconded by Einck to recommend to City Council
approval of the vacation of a public drainage and utility easement located at 8333 –
210th Street, as presented.
Ayes: Swenson, Einck, Lillehei, Kaluza, Jarvis, Witte, Drotning
Nays: 0
6. Kevin Komorouski
Chair Kaluza opened the public hearing to consider the application of Kevin
Komorouski for a conditional use permit to allow a commercial recreation use (indoor
City of Lakeville
Planning Department
Memorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: December 7, 2018
Subject: Packet Material for the December 20, 2018 Planning Commission Meeting
Agenda Item: Vacation of Drainage and Utility Easement at 8333 – 210th Street
INTRODUCTION
Jerry Tongen has submitted an application for the vacation of an existing public drainage and
utility easement. The purpose of the vacation is to clear the property title of the easement,
part of which runs through the existing building. The subject property is located at 8333 –
210th Street and includes a building with multiple commercial tenants.
EXHIBITS
A. Aerial Photos/Location Map
B. Certificate of Survey with Vacation Sketch
C. CUP’s and site plans approved with CUP #95-16 and CUP #05-26
EXISTING CONDITIONS
The subject property is 1.64 acres in area and accessed from 210th Street. The building was
constructed in 1974. A private shared driveway and sidewalk access was established in 1995 with the
office building attached to the subject property. Records show that the two-story office building
property was subdivided from the multi-tenant retail property between 1974 and 1980 and is under
separate ownership. The property abuts single family homes to the north, commercial property to
the west and undeveloped commercial property to the east. 210th Street abuts the property to the
2
south. The motor fuel station was approved by conditional use permit in 1980 and amended in 1995
to allow the pump islands to be expanded. Mr. Tongen received approval of a conditional use permit
in 2005 to allow recreational vehicle (minor auto) repair in one of the building’s tenant spaces. One
of the stipulations of the conditional use permit was the dedication of a boundary public drainage
and utility easement. The legal description submitted for the easement did not exclude the existing
building. Vacating the easement along the west boundary of the property will clear the property
title of the public easement.
NON-CONFORMING CONDITIONS
An inspection of the property indicated four violations of the Zoning Ordinance requirements of CUP
#95-16:
1. Semi-trailers stored at the rear of the property.
2. Vehicles and trailers parked on the grass at the rear of the property in violation of the Zoning
Ordinance and stipulation 3(a) of CUP #05-26.
3. Three (3) signs and canopy striping were installed on the fuel canopy in violation of the
Zoning Ordinance and stipulation 3(l) of Conditional Use Permit #05-26.
4. Trash and recycling containers are not stored inside the building or in Zoning Ordinance
compliant enclosures.
5. Two, eight-foot spruce trees located at the rear of the property for screening for the abutting
residential area have died. The trees were required with the 1995 motor fuel facility
expansion conditional use permit.
6. A minimum of 50 parking spaces is required on site. Twenty (20) parking spaces behind the
building are no longer striped.
City staff will work with the property owner and tenant to gain compliance of the Zoning Ordinance
and Conditional Use Permit requirements.
EASEMENT VACATION
The subject public drainage and utility easement was dedicated in 2005 as a stipulation of
approval of a conditional use permit allowing Mr. Tongen to operate a recreational vehicle
repair business on the property. The easement was required to correct a pre-existing non-
conforming condition.
All utility companies with a potential interest in the easement vacation have been notified
and all have responded with no concerns.
RECOMMENDATION
Planning Department staff recommends approval of the easement vacation as described on
Exhibit B.
Easement Vacation
Property Information
November 2 8, 2018
0 225 450112.5 ft
0 60 12030 m
1:2,400
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.
JP84242 11
Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT
os' -'a
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville grants a conditional use permit for:
Minor auto repair in the C-3, General Commercial District at 8337 — 210tn
Street.
2. Property. The permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
SEE ATTACHED EXHIBIT A)
3. Conditions. The permit is issued subject to the following conditions:
a) All vehicle and trailer parking shall be on a paved surface area approved
by the City. Trailer parking shall not occupy space required for customer
or employee parking. The paved surface area shall be constructed
according to the site plan approved by the City Council.
b) The site shall be designed in compliance with the recommendations of the
Engineering Department memorandum dated August 12, 2005.
c) Outdoor display of merchandise including recreation vehicles, motorcycles
or other merchandise for sale or rent is not permitted.
N d) The sale of automobiles campers permitted. motor homes or cam is notp
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d e) Outdoor storage shall not be permitted on the property.
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JP84242 11
Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT
os' -'a
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville grants a conditional use permit for:
Minor auto repair in the C-3, General Commercial District at 8337 — 210tn
Street.
2. Property. The permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
SEE ATTACHED EXHIBIT A)
3. Conditions. The permit is issued subject to the following conditions:
a) All vehicle and trailer parking shall be on a paved surface area approved
by the City. Trailer parking shall not occupy space required for customer
or employee parking. The paved surface area shall be constructed
according to the site plan approved by the City Council.
b) The site shall be designed in compliance with the recommendations of the
Engineering Department memorandum dated August 12, 2005.
c) Outdoor display of merchandise including recreation vehicles, motorcycles
or other merchandise for sale or rent is not permitted.
N d) The sale of automobiles campers permitted. motor homes or cam is notp
N
d e) Outdoor storage shall not be permitted on the property.
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f) The repair of recreational vehicles only shall be permitted. All repair shall
occur inside the building. Outdoor repair of recreational vehicles shall not
be permitted.
g) Ten, six foot tall Black Hills Spruce trees shall be planted as identified on
the approved site plan by June 30, 2006.
h) A truck turning radius template be provided on the site plan to show that
a WB -50 (50 foot wheelbase truck) can access the rear of the property
without trespassing on adjacent properties or impacting the building. This
information shall be submitted by December 30, 2005.
i) Provide documentation of a shared access easement between the
property owners of the Buckboard restaurant property (PIN #22-02800-
030-53) and the Tongen property (PIN #22-02800-010-58). If no
recorded shared access easement exists, one shall be provided prior to
any minor auto repair being permitted on the Tongen property. This
information shall be submitted by December 30, 2005.
j) A 10 foot wide perimeter drainage and utility easement shall be recorded
against the subject property prior to beginning any grading or pavement work.
The signed easement dedication shall be submitted in recordable form no later
than December 30, 2005.
k) The testing of recreational vehicles shall not occur on the subject property
or surrounding properties and shall comply with local and State laws.
1) All signs shall require a sign permit prior to installation. Any signs
installed without a sign permit shall apply for a sign permit no later than
November 30, 2005 or be removed from the property.
m) All trash, recyclables and trash and recyclable containers shall be stored
inside the building or in a trash screening structure in compliance with the
Zoning Ordinance. The trash enclosure shall be constructed no later than
June 30, 2006.
n) The site plan shall be revised to identify the parking area designated for
minor auto repair. Recreational vehicles awaiting service or customer
pick-up shall be stored at the rear of the building only and shall not utilize
designated parking spaces. This information shall be submitted by
December 30, 2005.
o) The site plan shall be revised to identify a total of 50 off-street parking
spaces. This information shall be submitted by December 30, 2005.
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p) The site plan shall be revised to identify a designated loading area for
Jerry's Yamaha. This information shall be submitted by December 30,
2005.
q) The easterly parking stall located in front of the building shall be
eliminated. This information shall be submitted by December 30, 2005.
r) Curb stops shall be installed for the parking spaces proposed at the front
and rear of the building. This shall be completed by June 30, 2006.
s) Any proposed outdoor lighting shall be identified on the site plan by
December 30, 2005 and shall meet Zoning Ordinance requirements and shall
be approved and permitted by the City prior to installation.
t) The building exterior stucco shall be integrally colored and may not be
painted.
u) The Jerry's Yamaha use shall comply with the requirements of Chapters 11-4-
7 and 11-72-71) of the Zoning Ordinance.
v) A site improvement performance agreement shall be submitted no later
than December 30, 2005 in compliance with Title 11-4-15 of the Zoning
Ordinance. A $25,000.00 cash escrow or letter of credit shall be
submitted to guarantee completion of the requirements outlined in the
Engineering memorandum dated August 12, 2005, landscaping, parking
lot striping, installation of curb stops, and trash enclosure construction by
June 30, 2006.
4. Termination of Permit. The City may revoke the permit following a public
hearing under any of the following circumstances: The use as permitted by
this permit shall not have been completed or utilized within one year after the
date of this permit; or violation of the terms of the permit.
5. Lapse. If within one year from the issuance of this permit the conditional use
has not been completed or the use commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
3
Date:
CITY OF LAKEVILLE
BY: 4/Jk i
Its Mayor V
BY
Its Clerk
The following instrument was acknowledged before me this 21st day of November
2005, by Robert D. Johnson, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
PENNY BREVIG r
NOTARY PUBUC - MINNESOTA
My commission Expires Jan. 31.2010 Notary Pub. W
I hereby certify that the foregoing conditional use permit is a true and correct
copy of the permit presented to and adopted by the City Council of the City of
Lakeville at a duly authorized meeting thereof held on the 21St day of November
2005, as shown by the minutes of said meeting in my possession.
Seal .
Charlene Friedges, Citylq&k
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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