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Date Application Received: 08/12/2020 <br />Date Application Considered as Complete: Incomplete <br /> <br /> <br />To: Chair Ressler and Planning Commission Members <br /> Dustin Rief, City Administrator <br /> <br />From: Laura Oakden, Planner <br /> <br />Date: October 19, 2020 <br /> <br />Subject: #LA20-000051, NIH Homes, Request for alley vacation, Public Hearing <br /> <br /> <br />Background <br />Colt Skogquist o/b/o NIH Homes has requested the City vacate a 20-foot unimproved alley that <br />runs through/ abuts 4485, 4465, and 4455 North Shore Drive and a parcel owned by Hennepin <br />County. The alley does not show to have any improvements or city utilities located in the area. <br />The alley was platted in Bergquist’s Addition to Saga Hill (1889) and abuts the Tonkaview <br />Gardens (1921) plat. <br /> <br />Applicable Regulations: <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 this <br />chapter; except that such vacation shall require a petition by a majority of the landowners <br />abutting the property to be vacated, and a hearing preceded by two weeks' published and <br />posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly <br />owned utility easement or boulevard reserve which is not being used for sewer, drainage, <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 /> <br />Analysis <br />Application Summary: The applicant is requesting the city vacate an unimproved alley. <br />Staff Recommendation: Planning Department Staff supports the request to vacate the <br />unimproved alley. <br />59 <br />59