06-10-2019 Council Packet - Laserfiche WebLink

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AGENDA ITEM Item No.: 11 Date: June 10, 2019 Item Description: LA19-000017 — Stephen and Jennifer Paidosh, 4300 North Shore Drive, ROW Vacation Presenter: Melanie Curtis Agenda Planning Department Planner Section: Report 1. Purpose. This application is regarding a request to vacate the rights-of-way of Forest Boulevard and Bluff Street situated between 4300 North Shore Drive and 1453 Park Drive. 2. MN§15.99 Application Deadline. The application was received on March 1, 2019 and considered to be complete on April 2, 2019. The 60 day rule does not apply to vacation requests. Background/ Summary. 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 the City maintaining an easement over these structures. The neighboring property owner to the east (1453 Park Dr) has indicated their support of the vacation, based on this, staff considers both property owners to be requesting the vacation. 4. Planning Commission Vote and Comment. On May 20', the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 in favor and 1 (Erickson) against on a motion to deny the requested vacation. The Draft 2020-2040 Community Management Plan loosens the guidance regarding right-of-way vacations. Staff provided the relevant sections from the Transportation and Parks/ Open Space chapters for the Planning Commission. Planning Commissioner Erickson provided additional paragraphs from the Transportation chapter for the record. The entire Lake Access section from the Transportation chapter, and the relevant Parks, Trails, and Open space excerpt is attached as Exhibit B. Staff did not include the paragraphs in Exhibit B because staff deemed them not relevant. Current CMP 2020-2030 transportation chapter citations are attached as Exhibit C. Staff's recommendation of denial is not based on the proximity of other lake access options, staff's recommendation is based on the professional belief that vacating public property which provides access to the Lake, especially those which contain infrastructure or improvements is not advisable. Vacation of these properties is forever, and future needs are not known. It is important to note that a vacation, if approved by the Council, identifies for the County that the property does not hold a public purpose, and the County will then assign the property as appropriate. It is assumed that the property, if vacated, will be split down the middle, and each adjacent owner would receive half, but this will not be confirmed until the vacation is approved. 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit F. 6. Staff Recommendation. Staff recommends denial of the vacation request. If the Council were to support a vacation, staff recommends that an easement of appropriate width be acquired from each property owner for continued use and maintenance of the storm sewer facilities. Prepared By: YY1GG Reviewed By: J. Barnhart Approved By: -Sb)R