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r <br />To:Chairman Kelley and Planning Commission Members <br />Mayor Peterson and City Council <br />City Administrator Bernhardson <br />From Jeanne A. Mabusth, Building & Zoning Administrator <br />Date June 12, 1991 <br />Subject: #1653 Jeffrey Johnson, 3825 Cherry Avenue - <br />Vacation of Public Right-of-way - Public Hearing <br />Pertinent Ordinance - <br />Section 10.12 - Vacation of streets, alleys and public <br />grounds. The application involves the partial vacation of a <br />14' wide alley within the Crystal Bayview plat. The alley <br />is unimproved. There is no record of the City's making any <br />public use of the dedicated alley. As required by both the <br />Orono zoning code and State Statute, the hearing notice has <br />been published twice in the local official paper the weeks <br />of June 3rd and June 10th. As of this date, the City has <br />received no comments from adjacent neighbors notified within <br />the 350' radius of the subject property. <br />List of Exhibits - <br />A - Application <br />B - Property Owners List <br />C - Plat Map <br />D - Legal Notice <br />E - Wetlands Map <br />P - Map/Key of Ownership and Pattern of Development Adjacent <br />to Alley <br />G - Survey of Applicant's Property <br />Review of implication - <br />Please review Exhibit G. The application fails to note the <br />reason for the filing of the vacation petition. In reviewing the <br />survey, applicant's building envelope is intersected by the 14' <br />alley. Any attempt to add improvements to the rear or south side <br />of the house would require setback variances to a rear lot line <br />defined along the north side of the 14' alley and not to the more <br />southern portions of the land holdings of the applicant. These <br />parcels are all legally combined as one homestead. By vacating <br />the alley, applicant's rear lot line would now be to the most <br />southern lot line. <br />Staff has reviewed the partial vacation petition with the <br />Public Works Director. He notes that at a limited 14' width, the <br />City has no plans to install a public roadway. The alley does <br />not provide access to an existing residence (review Exhibit F). <br />He recommends the vacation and asks that drainage and utility <br />easements be provided over the vacated portion of the alley. <br />Gerhardson notes that municipal water will be provided to this <br />area and that the dedicated alley may serve as suitable area for <br />the location of future water lines. <br />Zoning File #1653 <br />/.