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<br />CITY OF ROSEVILLE PLANNING COMMISSION MEETING <br />WEDNESDAY, MARCH 8,1995 <br /> <br />Member Wall asked whether there was sufficient room to provide a driveway. Falk <br />responded that a driveway can be provided without any variances. <br /> <br />Chairman Wietecki closed the public hearing. There were no comments or questions <br />from the public. <br /> <br />Motion: <br /> <br />Member Harms moved and Chairman Wietecki seconded to recommend <br />approval of Judith Bennett's request for a division of platted lot at 565 W. <br />County Road B-2. <br /> <br />Roll Call: <br /> <br />Ayes: <br />Nays: <br /> <br />Harms, Rengel, Sandstrom, Wall, Wietecki <br />None <br /> <br />6. <br /> <br />(e) <br /> <br />Planning File 2731: Arthur Mueller request for vacation of an easement at 2241 <br />Ferris Lane. <br /> <br />Chairman Wietecki opened the public hearing and requested Mike Falk to provide a <br />summary of the staff report and recommendations on this matter. <br /> <br />Mike Falk stated that through the surveying process of the Ferriswood Townhome <br />project, south of Highway 36 and Ferris Lane, it was discovered that a small portion of an <br />existing townhouse structure extends into an existing City sewer easement. Mr. Mueller <br />is requesting a vacation of that portion of the City easement in order to provide clear title. <br />Mr. Falk also stated that the existing sewer line in the easement is close to the west <br />property line of Outlot B. Because of the depth of the sewer line, it would be required to <br />either move the sewer line or for Mr. Mueller to provide an agreement holding the City <br />harmless to potential damage to the structure if the City had to excavate the sanitary <br />sewer line. Mr. Mueller was directed to talk to the City attorney about the appropriate <br />language for such an agreement. <br /> <br />Chairman Wietecki asked who the hold harmless agreement would be with and if there <br />were any penalties for constructing within an easement. <br /> <br />Art Mueller testified that the surveyor had originally had difficulty in locating the <br />easement and that the building was tilted to avoid the easement to the north, which <br />apparently caused the building to be constructed over the easement on the west side. Mr. <br />Mueller indicated that he had asked the City Attorney to write the language and indicated <br />that the City did not need such a hold harmless agreement. He indicated that there is <br />plenty of room on the west side of the easement to provide safe access to the sewer line. <br /> <br />9 <br />