05-20-2019 Planning Commission Packet

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Date Application Received: 03/01/19 0� Date Application Considered as Complete:04/02/19 g ` t 60-Day Review Period Extension Expires: 07/31/19 1(4,- To: Chair Ressler and Planning Commission Members 10 G1 Dustin Rief, City Administrator ikESHo0" From: Melanie Curtis, Planner ince Date: 20 May 2019 Subject: #LA19-000017, Stephen and Jennifer Paidosh,4300 North Shore Drive, ROW Vacation Public Hearing Application Summary: The applicant is requesting City approval of vacation of the undeveloped right-of-way of Bluff Street and a portion of the undeveloped right-of-way of Forest Boulevard situated between 4300 North Shore Drive and 1453 Park Drive. Staff Recommendation: Planning Department Staff recommends denial. Background The applicants are requesting to vacate the unimproved right-of-way of Bluff Street and a portion of the undeveloped right-of-way of Forest Boulevard directly abutting their property to the east. The rights-of-way were originally dedicated with the plat Saga Hill Revised. The applicants have included a narrative with their application attached as Exhibit B. There is an existing City stormwater catch basin and pipe in the right-of-way;the applicant has proposed granting an easement over these structures. Applicable Regulations: V MN State Statute 412.851 VACATION OF STREETS The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition,the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing.The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water,written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter.The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section,the council or its designee must consult with the commissioner of natural resources