07-19-2021 Planning Commission Packet

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• Date Application Received: April 20,2021 Date Application Considered as Complete:April 21,2021 SLO.At 60-Day Review Period Expires: August 18,2021(after extension) To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator F` G• 4kksHO From: Jeremy Barnhart,AICP, Community Development Director Date: July 19, 2021 Subject: #LA21-000029, Robert D. Erickson, 365 Westlake Rd, Street and Alley Vacation Public Hearing Application Summary: The applicant is requesting approval to vacate approximately 66 lineal feet of platted alley and 140 lineal feet of Westlake street,south of a proposed cul de sac. Staff Recommendation: Planning Department Staff recommends approval, subject to the provision of Drainage/ Utility easements, on the plat, and a pedestrian easement, and additional right of way to complete the cul de sac. • Background The applicant is proposing a platting project that combines several parcels,vacated right of way, and a new cul de sac in the area of 365 and 372 Westlake. This initial action is to vacate the portion of Westlake that extends to Lake Minnetonka and a portion of existing alley on the west side of 365 Westlake. Applicable Regulations: ✓ MN State Statute 412.851 VACATION OF STREETS The council may by resolution vacate any street, alley, public grounds, public way,or any part thereof,on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition,the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water,written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter.The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section,the council or its designee must consult with the commissioner of natural resources • to review the proposed vacation.