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<br /> <br />Request for Action <br /> <br /> <br />To Item Number <br />Mayor and City Council 7.1 <br />Agenda Section Meeting Date Prepared by <br />Public Hearings June 4, 2018 Zack Carlton, Planning Manager <br />Item Description Reviewed by <br />Easement Vacation: Bryan Provo Cal Portner, City Administrator <br />Reviewed by <br /> <br /> <br />Action Requested <br />Adopt, by motion, a resolution to vacate a portion of a drainage and utility easement for Bryan Provo, <br />with the following conditions: <br />1. Submit a legal description of the approved area to be vacated. <br />2. A building permit for the pool will not be issued until the vacation has been recorded. <br /> <br />Background/Discussion <br />Case No. EV 18-02 <br /> <br />The applicant requests vacation of the southerly 18 feet of the drainage and utility easement on his <br />property. If approved, he plans to construct an in-ground swimming pool in his backyard. The area <br />vacated will allow for the pool, landscaping/grading, and a retaining wall. A shed currently encroaches <br />approximately 15 feet into the easement and the vacation would also bring the shed into compliance. The <br />5-foot side yard setbacks would remain unchanged. <br /> <br />The easement was established with the plat of Nordic Hills for the purpose of limiting development near <br />the large wetland area south and east of the development. In order to construct the pool a variance is also <br />required. The Board of Adjustments approved the variance during their May 22, 2018, meeting. Approval <br />of the easement vacation is a condition of approval for the variance. <br /> <br />The variance included conditions to protect the wetland from runoff and sedimentation impacts resulting <br />from development close to the wetland. With those conditions, and the Board of Adjustments approval <br />of the variance, staff is comfortable with the proposed vacation. <br /> <br />Financial Impact <br />None <br /> <br />Attachments <br /> Board of Adjustments Packet dated May 22, 2018 <br /> Vacation Exhibit <br /> Resolution <br /> <br /> <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperity <br />