11-21-2022 Planning Commission Packet

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FILE # LA22-000050 21 Nov 2022 Page 4 of 4 Staff Analysis The right-of-way corridors addressed in this application have not been identified as lake access points. There is an identified lake access point approximately ¼ mile south of the property on Forest Lake Landing (Lake Access Point #23). The challenge with vacating rights-of-way is that vacation is final. Should the public or the City have access or utility needs in the future, the cost to taxpayers to reacquire the property will be at a premium. For this reason, vacation reduces options for the City in the future. The rights-of-way of Lafayette Avenue and Grandview Place, and the alley within Blocks 3 and 4 do not serve as a benefit to the public and create a hindrance to development of the abutting property. However, Hattie Place contains improvements and secures opportunity for future access to the adjacent properties. DNR Comments The Minnesota Department of Natural Resources has reviewed the vacation request and provided comments (Exhibit G). They oppose the vacation. Their analysis indicates that the proposed vacation does not provide a public benefit nor does it protect future public use of the land to access the lake. Public Comments We have received a few phone calls requesting more information about the proposal. To date, no public comments have been received. Issues for Consideration 1. Does this request follow the Comprehensive Plan? 2. Does this request meet the statutory requirements for approval? 3. Would approving this action set precedent for future lake access vacations? 4. Are there any issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the vacation of Lafayette Avenue, Grandview Place, and the alley within Blocks 3 and 4 dedicated within the plat of Mount Home Park. However, staff recommends denial of the request to vacate Hattie Place at this time as the future purpose of the right-of-way is undetermined. Should the applicant provide a plan for development to address the access the noted concerns with the vacation of Hattie Place, staff may reconsider the vacation request. List of Exhibits Exhibit A. Application Exhibit B. Proposed Vacation Exhibit C. Legal Description Exhibit D. Aerial Photos Exhibit E. 60-day extension Exhibit F. Utility Company Notifications & Responses Exhibit G. DNR Notification & Response Exhibit H. Council Packet & Minutes 10/08/18 (RE: Sketch Plan #LA18-000065) Exhibit I. PC Report & Minutes 09/17/2018 (RE: Sketch Plan #LA18-000065) Exhibit J. Comp Plan Map 4E-2 Lake Access Points Exhibit K. Property Owners List Exhibit L. Plat Map