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FILE # LA19-000074 <br />October 21, 2019 <br />Page 2 of 3 <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <br />Planning Staff Recommendation