City Planner Kelly Schroeder told the council the request at 1297 Birch Street is for a 10‑foot utility easement vacation at the rear of Lot 3, Huntington Birch Addition, so the property owner can construct a detached shop/garage.
Schroeder said the property is zoned R‑1 and that building is not allowed in easements because utilities may occupy them. "Even though the setback from the rear property line would otherwise be 3 feet, with that easement there, it has to be at least 10 feet from the property line," she said. The proposed building plan reviewed by staff is roughly 24 by 36 feet and would encroach about five feet into the existing easement if it were not vacated.
Schroeder said the city followed required notice procedures for utility vacations, notifying public and private utility companies twice via certified mail 30 days before the public hearing. She said the utilities raised no objections; MDU replied they had nothing in the easement and no planned use. The city utilities department also reviewed the request and raised no objections. Staff mailed regular notifications to roughly 38 nearby property owners and reported no public concerns.
Schroeder recommended the city council approve vacating the 10‑foot by 54.25‑foot utility easement at 1297 Birch Street, and she said the matter will appear on the council's upcoming public hearing agenda for formal action.
Council members asked clarifying questions about ownership of the property and whether similar vacation requests had been granted in the neighborhood. Schroeder said the property is privately owned and that the easement grants access rights to the city and utilities, and that comparable vacations have been completed in the area.