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AGENDA ITEM Item No.: 14 Date: March 12, 2018 Item Description: #LA18-000001, Allen Merrill, 1161 Elmwood Ave, Right of Way Vacation of Grand View Avenue — Resolution Presenter: Laura Oakden, Agenda Consent Agenda Planner Section: 1. Purpose. The applicant is requesting to vacate a partially unimproved right of way that is used for city utilities. 2. 15.99 Deadline The 60 -day rule does not apply to vacation requests. 3. Background/ Summary. Allen Merrill of 1161 Elmwood Avenue is requesting to vacate the unimproved right of way that is directly abutting his property to the north of his rear lot. The right of way was originally a product of the Skarp & Lindquist's Fernhill plat. The applicant is requesting to vacate the right of way east from its intersection with Elmwood, approximately 135' by 20' feet. Mr. Merril desires to vacate the right of way to gain a wider parcel to match the front of his lot. There is currently a lift station located in the Elmwood right of way just south of this unimproved right of way. The public works department is planning to place a generator in the area to support power to the lift station. Exhibit B shows the proposed location of the generator which is in the east corner of the Grand View Ave. right of way and includes necessary utilities improvements. There is currently sanitary sewer that runs through the right of way as seen in Exhibit B. There is some black top improvements over part of the area which functions as a turnaround area for vehicles and helps with space for snow removal. 4. Planning Commission Vote. On February 20, 2018, the Planning Commission opened a public hearing and reviewed the application. The Commission voted unanimously on a motion to deny the request to vacate the right of way. 5. Public Comment. Staff received a written comment from a neighbor in support of vacating the road. Many neighbors spoke at the Public Hearing against the proposed application. Most of the concerns from the neighborhoods centered on road traffic and adequate turn around space. Separate from this process, the City Administrator is working with the neighborhood to accommodate desired turning movements and lift station infrastructure. 6. Staff Recommendation. Staff recommends denial of the request to vacate the right of way. COUNCIL ACTION REQUESTED Motion to approve the draft resolution for denial. Exhibits A. Draft Resolution B. Site Plans C. Draft PC Minutes D. PC Staff Report E. Public Comments Prepared By: LLO References PC Exhibits Exhibit A. Area Map/ Site Plan Exhibit B. Utility Maps Exhibit C. Original Plat Exhibit D. Project Narrative Exhibit E. Comments received from the public Exhibit F. Property Owners List and Map Reviewed By: J. Barnhart Approved By: -Sb9a