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Date Application Received: August 28, 2019 n OA r <br /> Date Application Considered as Complete:August 28, 2019 V <br /> 60-Day Review Period Expires: Extended to December 26, 2019 <br /> To: Chair Ressler and Planning Commission Members *114 <br /> 4kESHo�t <br /> Dustin Rief, City Administrator <br /> From: Jeremy Barnhart, Community Development Director <br /> Date: October 21, 2019 <br /> Subject: #LA19-000074,William Griffith/o/b/o Theodore Bonnett, <br /> Request for street vacation and variance. <br /> Public Hearing <br /> Application Summary: The applicant is requesting the city vacate a portion of improved Smith <br /> Avenue and additional unnamed, unimproved rights of way adjacent 40 and 45 Smith and to <br /> the Luce Line State Trail. <br /> Staff Recommendation: Planning Department Staff does not support the vacation without <br /> certain improvements and easements that support the current public use of the Right of Way. <br /> Background <br /> William Griffith represents the property owner who owns 40 and 45 Smith Avenue,two <br /> properties on opposing sides at the northern end of Smith Avenue. The desire is to vacate the <br /> rights of way adjacent to these lots,which consists of Smith Avenue,Almo Place and Lane. The <br /> applicant has discussed possible future subdivision of the area, but no plans have been <br /> submitted. <br /> The parcels and right of way were originally platted as Orono Orchards, in 1924. The rights of <br /> way proposed are highlighted in green in the attached Exhibit B. Smith Avenue is improved as <br /> shown on the Exhibit B,Almo Place and Lane are not improved. <br /> Smith Avenue has been identified as a street to be repaved in 2020. The owner has expressed a <br /> desire to understand the plan for Smith Avenue in advance of that project. <br /> If Smith Avenue is vacated as proposed,40 Smith will not have the requisite lot width, a variance <br /> will be required. The applicant is deferring the variance application until the Council decides on <br /> the vacation request. <br /> Applicable Regulations: <br /> 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 /> posted notice, all as required by Minn. Stat. §412.851. The council may vacate any publicly <br /> owned utility easement or boulevard reserve which is not being used for sewer, drainage, <br />