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CR 94-124 Street Vacation - Edgemoor Drive . y -,; y 0 \ 0 '" ~ 7 . c, . June 29, 1994 o P K \ ~ Council Report 94-124 STREET V ACA TION - EDGEMOOR DRIVE ProDosed Action. Staff recommends the following motion: Move to approve Resolution 94-63 approvmg Ordinance 94-740 vacating a portion of Edgemoor Drive abutting 105 Cottage Downs for first reading. At the Zoning and Planning meeting, Mr. Hutchison moved and Mr. Day seconded a motion to approve Resolution RZ94- 7 recommending approval of vacating a portion of Edgemoor Drive. Overview. The applicant is requesting to vacate a portion of Edgemoor Drive abutting 105 Cottage Downs. The portion of Edgemoor Drive that is being requested to be vacated is not improved and only 33 feet in width. Edgemoor Drive is presently improved up to the subject lot. NSP and Paragon Cable have notified the City that there are existing utilities in this portion of Edgemoor Drive and require an easement. This easement is to be provided by the applicant. . With the additional property the applicant wants to construct a garage addition to the home on the east side. The applicant is also proposing to construct an addition to the rear of his home. The staff reviewed the applicants request with the Commission. The applicant appeared before the Commission. He stated that he plans on constructing a third garage stall on the east side of the building. There was little discussion on this item. Primary Issues to Consider. 0 What are the specifics of the property to be vacated? 0 What is the zoning of the property? 0 What are City Engineer's comments? 0 Are there any utilities in the right-of-way? 0 What is the staff recommendation? SUDDortine: Documents. 0 Analysis of Issues 0 Resolution 94-63 0 Ordinance 94-740 . '~ ~ :-:>)~ Nancy . Anderson, AICP Planner CR94-124 Page 2 e Primary Issues to Consider. 0 What are the specifics of the property to be vacated? The property to be vacated is abutting 105 Cottage Downs. The subject property is 33 feet in width and 170 feet in length. The additional property will be added to 105 Cottage Downs. 0 What is the zoning of the property? The property is zoned R-I-D. 0 What are the City Engineer's comments? The City Engineer has reviewed the proposed vacation and found it acceptable. There are no plans to extend Edgemoor Drive. 0 Are there any utilities in the right-or-way? The utility companies were notified regarding the proposed vacation. NSP and Paragon Cable have utilities in the right-of-way. NSP and Paragon Cable will approve the vacation e subject to an easement for the utilities. The staff is requiring the applicant to located the utilities on the survey and the City Engineer will determine the location of the easement. 0 What is the staff recommendation? Staff feels with the present and future development in this area there in no need to ever extend Edgemore Drive beyond where it abuts the subject property. As a result staff is recommending approval of the vacation with the condition that the utility companies are provided an easement. Alternatives 1. Approve the vacation of Edgemoor Drive. By approving the vacation of Edgemoor Drive, Edgemoor Drive abutting 105 Cottage Downs will be vacated. 2. Deny the vacation of Edge moor Drive. By denying the vacation, Edgemoor Drive will not be vacated. If the City Council chooses this alternative, findings of fact will have to be stated that supports this decision. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. e /~' ~ -~ 3Y-- ___ ~,(_' 'A1 'if M, / I liiS7'M~--- \ ;~~=-_~> I ' i --------- i ~- I ,0> I I i " \ roo I I '" I lI) -,1--- Z ! I '9 t) (<;v) " ,__-~ (6) ,I') I' ., I 0 ~_;~* ~____ ' I ;v I 'v) <; " 0\ I --- I / I ,a) 6 I 7- i . 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R,S 6 s o CQ � ��� ca E p p 1� r s nc. c�r6 v� DESCRIPTION: Lot 1 and the east 15.00 feet of Lat 2, Block 4, KNOLLWOOD, according to the recorded piat Tn;s drawing has been checked and thereof reviewed this 2�'�"h day of � /�u � , 19�� � GENERAL NOTES: by �� `� -=-=� 1 �,� �. O- De110teS IfOfl f710C1Ut11@ilt SE;t. I hereby certify that this survey was prepared under my supervision and that � 2. •- DenQtes iron monument found. r am a Licensed Land Surveyor under the r " laws of the State of Minnesota. _ � i��t�[G� heodore D. Kemna Date: Mny 24,19�4 License 7006 CITY OF HOPKINS Hennepin County, Minnesota . RESOLUTION NO: 94-63 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A VACATION OF EDGEMOOR DRIVE ABUTTING 105 COTTAGE DOWNS WHEREAS, an application for a vacation VAC94-1 has been made by Zvi Leibovich to vacate Edgemoor Drive abutting 105 cottage Downs. WHEREAS, the procedural history of the application is as follows: 1. That an application for a vacation VAC94-1 was filed with the City of Hopkins on May 27, 1994. 2. That the Hopkins Planning Commission, pursuant to mailed and published notices, held a public hearing on the application and reviewed such application on June 28, 1994: all persons present at the hearing were given an opportunity to be heard. 3. That the written comments and analysis of the City staff and the Planning Commission were considered. 4. The legal description of this property is as follows: . The north 170.00 feet of Edgemoor Drive as dedicated in the recorded plat of KNOLLWOOD which adjoins Lot 1, Block 4, in said plat. NOW THEREFORE, BE IT RESOLVED that the application for vacation VAC94-1 is hereby approved based on the following Findings of Fact: 1. That the proposed right-of-way to be vacated is not needed as a public right-of-way. BE IT FURTHER RESOLVED, that application for VAC94-1 is hereby approved based on the following conditions: 1. That the applicant locate on the survey the overhead and underground utilities and there be a 15 foot utility easement for these utilities. The city Engineer will determine the location of the easement. 2. That the applicant provide the utility and drainage easement to the City prior to or at the time this item is recorded at Hennepin County. Adopted this 5th day of July, 1994. e Charles D. Redepenning, Mayor ATTEST~ James A. Genellie, City Clerk ----.-- "--- . . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 94-740 AN ORDINANCE VACATING A PORTION OF EDGEMOOR DRIVE THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the following described thoroughfare in the following designated area of the City of Hopkins: The north 170.00 feet of Edgemoor Drive as dedicated in the recorded plat of KNOLLWOOD which adjoins Lot 1, Block, 4, in said plat. be and the same is hereby vacated as a public thoroughfare. . First Reading: July 5, 1994 Second Reading: July 19,1994 Date of Publication: July 27, 1994 Date Ordinance Takes Effect August 17, 1994 Charles D. Redepenning, Mayor ATTEST: James A. Genellie, City Clerk e .- --.- ..--.--