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Date Application Received: December 13, 2020 <br />Date Application Considered as Complete: December 17, 2020 <br />60-Day Review Period Extended to: April 16, 2021 <br />To: Chair Ressler and Planning Commission Members <br />Ron Olson, Interim City Administrator <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 />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 />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 />Council Exhibit E