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Date Application Received: 09/22/19 <br /> Date Application Considered as Complete:10/06/19 AWN4 <br /> 60-Day Review Period Extension Expires: 02/03/20 <br /> To: Chair Ressler and Planning Commission Members <br /> Dustin Rief, City Administrator G1 <br /> -1kEsHO <br /> From: Melanie Curtis, Planner h'1GG <br /> Date: 18 November 2019 <br /> Subject: #LA19-000087 <br /> Scott & Melissa Musgjerd at 4156 Highwood Rd and <br /> Douglas& Roban Smith at 4167 Highwood Rd, <br /> Right-of-Way Vacation <br /> Public Hearing <br /> Application Summary: The applicants are requesting City approval of vacation of the <br /> undeveloped 20-foot right-of-way between 4156 Highwood Road and 4167 Highwood Road. <br /> Staff Recommendation: Planning Department Staff recommends denial. <br /> Background <br /> The applicants are requesting to vacate the unimproved 20-foot wide alley right-of-way directly <br /> abutting their properties. The right-of-way was originally dedicated with the plat Highwood <br /> Lake Minnetonka. The applicants have included a narrative with their application attached as <br /> Exhibit B. There is an existing City manhole and sewer line crossing the right-of-way. <br /> Due to the notification timing for the DNR review,the Public Hearing is to be continued at the <br /> City Council meeting. <br /> Applicable Regulations: <br /> V MN 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 on <br /> the street, alley, public grounds, public way, or part thereof to be vacated. When there has <br /> been no petition, the resolution may be adopted only by a vote of four-fifths of all members <br /> of the council. No vacation shall be made unless it appears in the interest of the public to do <br /> so after a hearing preceded by two weeks'published and posted notice. The council shall <br /> cause written notice of the hearing to be mailed to each property owner affected by the <br /> proposed vacation at least ten days before the hearing. The notice must contain, at <br /> minimum, a copy of the petition or proposed resolution as well as the time, place, and date <br /> of the hearing. In addition, if the street, alley,public grounds, public way, or any part thereof <br /> terminates at, abuts upon, or is adjacent to any public water, written notice of the petition <br /> or proposed resolution must be served by certified mail upon the commissioner of natural <br /> resources at least 60 days before the hearing on the matter. The notice to the commissioner <br />