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Council MemoMEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Undeveloped Northgate Circle — Request for Vacation Meeting Date: August 14, 2017 (Continued from June 26, 2017) Prepared by: Marie Darling Reviewed by: Patti Helgesen Attachments: Minutes from the June 26, 2017 City Council meeting CAF report from June 26, 2017 Location Map Oak Ridge Estates Second Addition Exhibit Showing Past Proposal for Northgate Circle Extension Resolution Policy Consideration: Should the City 9a4' ' 7 7; p approve a vacation of the undeveloped 7 F Pr© right-of-way for Northgate Circle as P Med Vacation, , 'Al requested by the adjacent property owners at 26525 and 26575 Edgewood Road?��,+ Background: This item was continued from 5 Me" ,`� the June 26, 2017 meeting to allow the DNR adequate review time as required by state j17 statute. The DNR has concluded their ,t� .f 4, review and waives the remainder of their„ 67�FS time. They have no comments on the ztv vacation noting that access to the public water in question does not merit a full review. The agency requests the city encourage the adjacent property owners to adopt shoreline best management practices to protect wetland habitat and improve water quality. Staff provided a link to information on the DNR website with pertinent information to the homeowners of 26525 and 26575 Edgewood Road toward this end. Financial or Budget Considerations: The application fees cover the cost of the processing the request. Options/Recommendation / Action Requested: Staff identified two issues with this vacation: 1. The property at 26745 Edgewood Road would have no direct frontage on a public right-of-way without Northgate Circle (landlocked) and would become non -conforming to lot width based on this action. This violates the intent of all properties to have direct access to a public street. 2. Due to the topography and presence of a large wetland, no access via Northgate Circle to the home at 26745 Edgewood Road would likely be provided. For the same reasons, it is also unlikely that the east side of Edgewood Road could be subdivided for a buildable lot. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. SAPlanning\Planning Filcs\Applicatlons\2017 CURRENT CASESWonhgate Circle R.O.W. vacation\CAF 170814.dcc Because access is unlikely to be provided to 26745 Edgewood Road and the property owners of 26745 Edgewood have expressed no concern with the vacation, staff recommended approval of the request. The Council may approved or deny the request. If direction to deny the request is considered, staff recommend continuing the item until August 28, 2017 to allow staff time to draft a resolution of denial. Next Steps and Timelines: If approved, the resolution would need to be recorded with Hennepin County. Connection to Vision / Mission: Attractive amenities, sustainable tax base, sound financial management. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 26, 2017 Page 2 of 15 Administrator Lerud noted the invoice from Ellers for an amount of $1,050 was pulled from the verified claims list. The invoice was for Shorewood, Wisconsin. Motion passed 4/0. Mayor Zerby noted there was a Boy Scout in the audience. He was there to earn credit for his merit badge. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. PUBLIC HEARING A. Vacate the Right -of -Way of Northgate Circle Applicant: Dan Freedland Location: Between 26525 and 26575 Edgewood Road Mayor Zerby opened the Public Hearing at 7:03 P.M Director Darling explained the City received a petition from the owners of the properties located at 26525 and 26575 Edgewood Road requesting the vacation of the undeveloped right-of-way (ROW) for Northgate Circle. Northgate Circle was never constructed. The ROW is located south of and perpendicular to Edgewood Road; it is about one halfway between Grant Lorenz Road and Noble Road. The ROW was obtained in 1978 as part of the Oak Ridge Estates 2nd Addition Subdivision. It was originally intended to allow a cul-de-sac to be extended south for additional properties south of the petitioners' properties. That did not happen. Noble Road was constructed as an east/west street instead of extending the cul-de-sac. The ROW is about 50 feet wide and 226 feet long. No public utilities were installed in the ROW. She highlighted three primary issues with the vacation that complicate the request. 1. Vacating the street would leave the adjacent property located at 26745 Edgewood Road without access to a public ROW. 2. The house on that lot is not likely to need to have a driveway extended from the house over to Northgate Circle. The grades are steep in the area. It is not a great candidate for a subdivision because the east side of the lot is low and very similar in elevation to the wetland. 3. The wetland south of Northgate Circle and east of 26745 Edgewood Road is a public water and the Northgate Circle ROW terminates in close proximity to the wetland. Because it is a public water the Minnesota Department of Natural Resources (DNR) must be given 60 days to review the vacation request. The DNR would comment on: the public benefits of the vacation; the present and potential use of the land for access to public waters; and, how the vacation would impact conservation of natural resources. To date, staff has not received any comment back from the DNR. Darling noted staff recommends Council take Public Testimony and delay making a final decision on the request until the DNR's 60-day review period expires or until the City receives comments from the DNR on the requested vacation. Once the City receives comments back staff will place the item back on a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 26, 2017 Page 3 of 15 Council meeting agenda and notify all of the residents present this evening who spoke or who let her know they would like to continue to be involved. Hans Holt, 26575 Edgewood Road, stated he and his wife Terri have lived in their home for 10 years. He explained when they brought their property they understood there was some type of driveway easement there. Unfortunately, they did not understand the implications of it until they put their property on the market so they could relocate to the State of Montana. Mr. Holt explained that a potential buyer wanted to put in a pool. That was when they found out there is a 50-foot-wide setback requirement. That requirement basically reduces the size of their lot by 33 percent. No one has done anything with the ROW for 30 years. He and his wife thought it may be the right time to formalize a vacation because their does not seem to be use for it. The ROW does lower the market value of their property. He expressed hope that the ROW could be vacated and become part of their property. He noted that on a corner of their property there is generally standing water. He does not think a road could be built there. Mr. Holt stated they met with former Planning Director Nielsen on his last day on the job. Mr. Nielsen told them the intent of the cul-de-sac extension was to get over to Noble Road. That did not come to fruition. Mr. Holt noted that it makes sense to them to vacate the ROW. Mayor Zerby opened the Public Testimony portion of the Public Hearing at 7:10 P.M. Dan Freedland, 26525 Edgewood Road, explained he and his wife Kris had their home built in 1992. When they built their home they were told it was unlikely the roadway would ever be built because of things such as the soils conditions. He has looked out at the ROW every day since they moved into their home. He expressed his and his wife's support for vacating the ROW. Mayor Zerby closed the Public Testimony portion of the Public Hearing at 7:12 P.M. Councilmember Sundberg asked when the 60-day DNR comment period would be up. Director Darling noted it started the previous week. She stated she was not sure the DNR would need the entire 60 days but the DNR was not willing to give her some idea of when they would respond. Mr. Holt asked what the DNR does. Director Darling explained the DNR has statutory authority over this type of process whenever a public ROW abuts, is adjacent to or terminates at public water. Public waters are not just necessarily a lake; they do include wetlands. She clarified the DNR does not necessarily make the final decision. But, it is guaranteed by Statute the right to make recommendations or have input on the impact of the vacation on access to public water. There was Council consensus to delay taking action on this. Mayor Zerby closed the Public Hearing at 7:14 P.M. 5. REPORTS AND PRESENTATIONS A. 2016 Audit Report by Abdo, Eick and Meyers #4A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Undeveloped Northgate Circle — Request for Vacation Meeting Date: 26 June 2017 Prepared by: Marie Darling Reviewed by: Patti Helgesen Attachments: Location Map Oak Ridge Estates Second Addition Exhibit Showing Past Proposal for Northgate Circle Extension Policy Consideration: Should the City approve a vacation of the undeveloped right-of-way for Northgate Circle as requested by the adjacent property owners at 26525 and 26575 Edgewood Road? Background: The right-of-way was originally acquired in 1978 as part of the Oak Ridge Estates 2nd Addition Subdivision. (Attached) Neither the city nor the original developer constructed a street or installed public utilities in the Northgate Circle right- of-way. (Refer to aerial to the right.) Originally, the right-of-way was dedicated to allow a cul-de-sac to be extended south for additional homes. (Attached) The right-of-way ends at a wetland and the land was subdivided under a different design, but the street was not constructed due to poor soils. (Refer to the attached location map for current neighborhood layout.) Why request the vacation? The property owners were not aware that the public right-of-way existed. (Refer to photo to the right.) The property owner to the west recently put their house up for sale and the potential buyer is interested in installing improvements to the backyard. The setbacks for the two adjacent properties are 50 feet from public rights -of -way versus 10 feet from an interior side property line. Consequently, the property owners have requested the vacation to give them more flexibility in locating accessory structures. posed Vacatio Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\Pacific Data\User Data\Pl—ing\2017 CURRENT CASESWorthgate Circle R.O. W. vacadon\CAF 170620 2.dec Issues concerning the vacation: Staff has identified three primary issues regarding this request. First, the property at 26745 Edgewood Road would have no direct frontage on a public right-of-way without Northgate Circle (landlocked). The lot width for the property is measured at the front setback from Northgate Circle and is currently conforming. Section 1201.03, Subd. 3 b. of the zoning regulations states that, "No lot, yard or other open space shall be reduced in area or dimension so as to make the lot, yard or open space less than the minimum required by this Chapter." Although the vacation action wouldn't reduce the size of the lot, it would remove the public access thereby making the lot non -conforming for lot width and violation of the intent of the zoning ordinance. Second, the topography and wetland on 26745 Edgewood reduce the ability to connect the existing home and reduce the possibility of subdivision. The home's current driveway is a shared driveway with 26785 Edgewood Road (property to the east). The front of the home is about 26-28 feet higher in elevation than the Northgate Circle public right-of-way. (See photo to the right) The slopes decrease the likelihood of connecting the home's existing garage to Northgate Circle. During the original approval for Boulder Ridge Estates, Lot 6 (26745 Edgewood Road) was prohibited from subdividing until a public street is constructed in Northgate Circle. The east side of 26745 Edgewood Road is low and similar to the elevation of the wetland. The low elevation means that the lot is not a likely candidate for a subdivision under current economic conditions and wetland mitigation requirements. Third, the wetland south of Northgate Circle and east of 26745 Edgewood Road is a public water and the Northgate Circle right-of-way terminates within close proximity to the wetland. Under Minnesota Statute 412.851, the DNR must be given 60 days to review the vacation request and would comment on the following: • The public benefits of the proposed vacation. • The present and potential use of the land for access to public waters. • How the vacation would impact conservation of natural resources. Staff has not yet heard from the DNR regarding these issues. Financial or Budget Considerations: The application fees cover the cost of the processing the request. Options/Recommendation / Action Requested: Staff is recommending that the Council hold the public hearing, but wait to make the final decision until the DNR's required 60-day review period is exhausted or they comment on the vacation as required by Minnesota Statute 412.851, whichever occurs first. Once the DNR comments, staff would finalize our recommendation. Next Steps and Timelines: Staff will notice the applicants' when the DNR has completed their review and bring the item back to the City Council for action. Connection to Vision / Mission: Attractive amenities, sustainable tax base, sound financial management. No- —THIS �Y SPACE RESERVED FOR BINDING — ! 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Holt, husband and wife, owners of 26575 Edgewood Road and legally described as Lot 1, Block 1, Oak Ridge Estates 2nd Addition (PID 3211723210013) submitted to the City of Shorewood a petition on May 25, 2017 requesting the vacation of that certain right-of-way between their respective parcels (the "Vacation"); and, WHEREAS, pursuant to Minnesota Statutes §412.851, notice of the Vacation was provided to the Commissioner of the Department of Natural Resources (DNR) with opportunity to comment; and, WHEREAS, the DNR submitted no reply, objections or proposed restrictions as to the Vacation; and, WHEREAS, the City of Shorewood requires the reservation of a stormwater drainage and utility easement over the entirety of the proposed vacated right-of-way; and, WHEREAS, notice of public hearing on the proposed vacation of part of the public right- of-way for Northgate Circle in the City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior/Shorewood edition of the SLTN-SAILOR NEWSPAPER on the 81h and 15th days of June, 2017, and in the LAKER NEWSPAPER on the 10th and 171h days of June, 2017; and, WHEREAS, said notice of public hearing was posted on the city's website and at the Shorewood City Hall; and, WHEREAS, the City of Shorewood City Council heard all interested parties on the question of vacation at a public hearing on the 261h day of June, 2017, in the Council Chambers at the City Hall. RESOLUTION NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the portion of Northgate Circle, legally described as "All that part of Northgate Circle as dedicated in the plat of Oak Ridge Estates, 2„ d Addition lying southerly of the southerly line of Edgewood Road" and depicted in the attached Exhibit A is hereby vacated for roadway purposes, subject to the reservation of a stormwater drainage and utility easement in favor of the City of Shorewood. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Clerk is directed to record this resolution with the Hennepin County Recorder and Surveyor's Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14tn day of August, 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk Exhibit A 00 8 3 g 44 O ® �X WL SN(/d'� rip -- A A o TB'»SP $3N !J°% d-JV0.S'ZWdN071NYY9-.. _ H`s" iv I BPS � ,r"� �F` . 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