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Date Application Received: March 29, 2017 <br />Date Application Considered as Complete: March 29, 2017 <br />60 -Day Review Period Expires: July 29, 2017 <br />Original 60 day review period extended <br />To: Chair Thiesse and Planning Commission Members <br />Doug Reeder, Interim City Administrator <br />From: Jeremy Barnhart, Community Development Director <br />Date: June 19, 2017 <br />Subject: #17-3933, Catherine Sweet, 3405 and 3407 Crystal Bay Road, <br />Vacation of street <br />Public Hearing <br />Council <br />Exhibit C <br />17-3933 <br />Application Summary: The applicant is requesting to vacate the unimproved right of way <br />between 3405 and 3407 Crystal Bay Road. <br />Staff Recommendation: Planning Department Staff does not support the vacation of the right <br />of way. <br />A public hearing is scheduled for June 19, 2017. To be consistent with state statute regarding <br />rights of way adjacent to waters of the state, the public hearing must be continued to July 10, <br />2017. <br />Background <br />The applicant owns the parcels on either side of the subject right of way, though desires to sell <br />3407 Crystal Bay Road. The subject right of way was provided to the City in exchange for the <br />1908 vacation of the right of way on the east side of 3405 Crystal Bay Road. In right of way <br />vacation the property reverts back to the property that provided the rights of way. Often, right <br />of way is provided as part of a plat, and upon vacation, both adjoining parcels receive their half <br />of the right of way. In this situation, since one property (3405) provided the right of way, that <br />property would receive the vacated right of way. <br />Originally, assuming both parcels would receive half of the right of way, 3407 Crystal Bay Road <br />would have lake frontage, perhaps allowing for a dock. <br />The City is historically cautious when considering vacation of roads the lead to the Lake. Once <br />vacated, opportunities for lake access, including trails, are lost, and due in part to the value of <br />lake shore and desire for side yard privacy, nearly impossible to regain. <br />Former Senior Planner Michael Gaffron has provided further background information, provided <br />as Exhibit C. <br />Applicable Regulations: Sec. 78-9. - Vacation of streets, alleys and public grounds. <br />Vacation of streets, alleys and public grounds shall follow the procedures set forth in this <br />chapter; except that such vacation shall require a petition by a majority of the landowners <br />abutting the property to be vacated, and a hearing preceded by two weeks' published and <br />