11-12-2019 Council Packet - Laserfiche WebLink

Home Browse Search

AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. To consider a request to vacate a portion of Smith Avenue and nearby unimproved rights of way. Direct Staff to draft a resolution. 2. MN§15.99 Application Deadline. The application was received on August 28, 2019 and considered to be complete that same day. The 60-Day review period has been extended and will expire on December 26, 2019. 3. Background. The applicant represents the property owners of 40 and 45 Smith, at the northern end of Smith Avenue. The applicant originally proposed the vacation of the rights of way adjacent to these lots, which consists of Smith Avenue, Almo Place and Lane. The original proposal is shown on the attached Exhibit D. In its’ analysis for the Planning Commission, staff had raised a number of concerns: 1. Smith Avenue Right of Way in the subject area is improved with Smith Avenue and sanitary sewer*. 2. Vacation as proposed would restrict access to the Luce Line. 3. Vacation would remove the frontage for 40 Smith, creating a non-conforming lot. Items 1 and 2 are public benefits and require a staff recommendation of denial. It is also known that Smith Avenue ends in a dead end, and travelers must turn around in the drive way of either 40 or 45 Smith. Further, area residents appear to have worn a path through private property to obtain access to the Luce Line. Location of this path has not been verified on a survey. *Received after the Planning Commission meeting, Center Point Energy and Excel energy both note that they have utilities within the area. A portion of these utility improvements are located on private property. Staff identified solutions to these concerns: 1. Provide necessary right of way (or easement) for a cul de sac at the end of Smith. A cul de sac will require additional right of way, due to its width. The cul de sac will cover the existing sanitary sewer infrastructure. The applicant has provided a plan that shows the required right of way width. 2. Provide an easement to the Luce Line to protect access for the neighborhood. The applicants plan includes an easement, along the south side of 45 Smith to Orono Orchard Road, where users can walk along Orono Orchard Road right of way then up the hill within the DNR right of way to access the trail. 3. Provide an easement for utilities including telephone, electricity, and gas. (Identified as a response to comments received from Xcel and Centerpoint Energy) 4. Analysis. The proposed cul de sac is consistent with city standards, though the paved width is 2 feet narrower than the city standard. Regarding the trail, the proposal to have a formal trail along the south side of 45 Smith to Orono Orchard Road requires users to traverse well out of their way Item No.: 20 Date: November 12, 2019 Item Description: LA19-000074 – William Griffith/ o/b/o Theodore Bonnett, 40 and 45 Smith Avenue, Request for street vacation Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report