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''1 <br />� <br />REQUEST FOR PLANNING COMMISSION ACTION <br />DATE: 04/O1/09 <br />ITEM NO: Sa <br />Depart ent Approval: <br />Agenda Section: <br />PUBLIC HEARINGS <br />Item Description: Ehlers and Associates, 3060 Centre Pointe Drive, seeks a VACATION of a <br />UTILITY and DRAINAGE (pond) EASEMENT (PF09-009). <br />1.0 <br />1.1 <br />2.0 <br />2.1 <br />3.0 <br />3.1 <br />4.0 <br />REQUESTED ACTION: <br />Ehlers and Associates is requesting the vacation of a utility and drainage easement for the <br />storm water management pond in the southeast corner of their property at 3060 Centre <br />Pointe Drive. <br />PROJECT REVIEW HISTORY <br />• Application submitted: March 6, 2009; Determined complete: March 12, 2009 <br />• Sixty-day review deadline: May 5, 2009 <br />• Project report recommendation: March 26, 2009 <br />• Anticipated Planning Commission action: April 1, 2009 <br />• Anticipated City Council action: April 20, 2009 <br />SUMMARY OF STAFF RECOMMENDATION: <br />The Planning Division recommends approval of the requested UT�L�TY and DRA�vAGE <br />Ea,sElvtEtvl' VACAT�otv, subject to certain conditions; see Section 6 of this report for <br />details. <br />SUMMARY OF SUGGESTED ACTION: <br />By motion, recommend approval of the requested UTILITY and DRAINAGE EASEMENT <br />VACAT�otv, subject to conditions; see Section 7 of this report for details. <br />BACKGROUND: <br />4.1 The Ehlers property lies at 3060 Centre Pointe Drive, within the Centre Pointe Business <br />Park. The property has a Comprehensive Plan designation of Business Park (BP) and a <br />zoning classification of Planned Unit Development (PUD). <br />4.2 Minnesota State Statutes, Chapter 462.358, subdivision 7, provides municipalities <br />guidance for vacating publicly owned easements. Specifically, this subdivision reads: <br />Vacation. The governing body of a municipality may vacate any publicly owned utility <br />easement or boulel�ard reserve or any portion thereof, which are not being used for <br />sewer, drainuge, electric, telegraph, telephone, gas and steam purposes or for boulevard <br />PF09-009 RPCA 040109.doc <br />Page 1 of 2 <br />