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AGENDA ITEM Item No.: 13 Date: July 10, 2017 Item Description: #17-3933 — Catherine Sweet, 3405 and 3407 Crystal Bay Road, Vacation of Street Presenter: Jeremy Barnhart, Community Agenda Planning Department Development Director Section: Report 1. Purpose. The purpose of this item is to consider the applicants request to vacate unimproved right of way adjacent to her property. 2. 15.99 Deadline. A decision must be made by July 29, 2017. 3. Background/ Summary. Per State Statute, this item requires an extended public hearing as it impacts waters of the state; the DNR gets 60 days to comment on an application. The Planning commission opened and continued the public hearing to July 10th. The Council must open the public hearing, receive comment. Catherine Sweet owns the two parcels on either side of unimproved right of way, connecting the trail to the lake. This right of way was provided to the public in 1908, as part of a street vacation of right of way on the east side of 3405. It was originally thought that upon vacation, both properties would receive a portion of the right of way, and 3407 would have Lake Frontage. Because 3405 provided the right of way, 3405 would receive all of it. For 3407 to acquire Lake Frontage, a boundary line adjustment would be required. Vacation of right of way requires the Council to determine that the right of way is not necessary and the disposal of it is in the city's best interest. 4. Planning Commission Vote and Comment. The Planning Commission voted 6-0 to deny the vacation request, and recommended the Council consider a relocated right of way. Relocating the right of way would essentially be the property owner donating an easement, which the City Council would have to accept. Staff would recommend considering such a request after a public hearing on a proposed new easement. 5. Public Comment. The DNR has provided written comments, attached as Exhibit D. The DNR does not recommend vacation of the right of way. 6. Staff Recommendation. Staff does not support vacation of the right of way, and staff does not support relocating the right of way into an easement. Shifting the easement to the west brings it closer to the N/S segment of Crystal Bay Road, reducing its effectiveness. Disposing of city property should be done cautiously as future needs can shift wildly. If the Council supports the vacation and shifting of the easement, staff would recommend the following process/ procedure: • The applicant submit a letter waiving the 60 -day review period. • The applicant submit an offer of easement donation, including legal description and graphic. • The Planning commission review such a donation at its' next available public hearing (August 21, 2017) • The Council receive such recommendation. Prepared By: J. Barnhart Reviewed By: J. Barnhart Approved By: ��