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Date Application Received: December 13,2020 <br /> Date Application Considered as Complete: December 17,2020 %WA, <br /> 60-Day Review Period Extended to: April 16,2021 <br /> A <br /> To: Chair Ressler and Planning Commission Members ' • <br /> Ron Olson, Interim City Administrator 4tESH00' <br /> From: Jeremy Barnhart,AICP <br /> Community Development Director <br /> Date: February 16, 2021 <br /> Subject: #LA20-75, Brian and Anne Huisman, 1121 North Arm, Request for Vacation <br /> Public Hearing <br /> Application Summary: The applicant is requesting vacation of unimproved platted right of way <br /> that terminates in the Forest Lake. <br /> Staff Recommendation: Planning Department Staff recommends approval to vacate the <br /> platted alley lakeward of 1121 North Arm. <br /> Background <br /> In 1888,the Forest Lake Addition to Saga Hill was platted. While much of it is now under the <br /> surface of Forest Lake,these lots and platted rights of way remain on the record. This plat <br /> included an alley around the perimeter of the lots. A portion of this alley'encroaches' onto the <br /> surface, adjacent to 1121 North Arm. <br /> The applicant owns the lot at 1121 North Arm Drive. This "lakeshore" property does not have <br /> actual lake frontage, as the lake frontage is owned by another party, or within a public alley <br /> right of way. <br /> The applicant has submitted applications for a Boundary Line Adjustment(BLA) and a vacation <br /> to address these issues. The adjacent parcel (PID 01-117-23-14-0016) is owned by the city. This <br /> parcel is about 0.99 acres, with about 930 sq.ft. above the Ordinary High Water Line. The City <br /> Council has agreed to sell this 930 sq.ft.to facilitate the BLA. <br /> The shoreline encroaches into the platted alley, requiring formal vacation. Since this alley leads <br /> to or terminates in a water of the state,the DNR must be provided 60 days to comment. 60 <br /> days expires on February 15, 2021. To date, no comments have been received. The DNR <br /> generally recommends against vacating such lands. <br /> Applicable Regulations: <br /> Section 78-9 provides instruction on the vacation of streets,alleys, and public grounds: <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 <br /> this chapter; except that such Vacation shall require a petition by a majority of the <br />