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FILE#LA19-000074 <br /> October 21,2019 <br /> Page 2 of 3 <br /> electric,telegraph,telephone, gas and steam purposes or for boulevard reserve purposes, in <br /> the same manner as vacation proceedings are conducted for streets, alleys and other public <br /> ways. A boulevard reserve means an easement established adjacent to a dedicated street for <br /> the purpose of establishing open space adjacent to the street and which area is designated on <br /> the recorded plat as boulevard reserve. <br /> State Statute:412.851 VACATION OF STREETS. <br /> The council may by resolution vacate any street, alley, public grounds, public way, or any <br /> part thereof,on its own motion or on petition of a majority of the owners of land abutting <br /> on the street,alley, public grounds, public way,or part thereof to be vacated.When there <br /> has been no petition,the resolution may be adopted only by a vote of four-fifths of all <br /> members of the council. No vacation shall be made unless it appears in the interest of the <br /> public to do so after a hearing preceded by two weeks' published and posted notice. <br /> Analysis <br /> Smith Avenue currently serves a public need. Sanitary sewer can be found in the right of way, <br /> and area residents have noted their use of Smith to get to the Luce Line, a public trail. Staff has <br /> been informed that occasionally this path to the Luce Line goes outside of the platted right of <br /> way, onto private property. Smith Avenue is currently a dead end street with no cul de sac, the <br /> only opportunity for drivers to turn around is via a private residential driveway. <br /> With a vacation request, there is an opportunity to improve these conditions and continue the <br /> public need. The public need can be served with the creation of a cul de sac (requiring a portion <br /> of either 40 or 45 Smith) and the establishment of trail/trail easement connecting lower Smith <br /> and balance of the neighborhood. <br /> If the Council finds that vacating Smith is appropriate without these conditions, it will create a <br /> non-conforming lot in 40 Smith, as the necessary lot width cannot be provided. Additionally, <br /> easements for access and utilities may be required. <br /> Staff may adjust its recommendation with the applicant's development of a plan showing <br /> intended lots,frontage, and access; currently,the vacation request is speculative. <br /> Engineer Comments. <br /> Sanitary sewer currently existing within the portion of Smith Avenue proposed to be vacated. The <br /> City engineer recommends that if Smith is to be vacated, the vacation incorporate the 20 feet <br /> north of the existing manhole cover within Smith. <br /> Public Comments <br /> To date,staff has received a number of comments,attached as Exhibit F,and has fielded a number <br /> of questions related to the request. The comments do not support the application. <br /> Issues for Consideration <br /> 1. Does the Planning Commission support the vacation request as proposed? <br /> 2. Does the Planning Commission find the conditions proposed by Staff appropriate? <br /> 3. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br />