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m-2996 March 10,2004 Page! Criteria for Vacation Zoning Code Section 78-9 governs the vacation of streets, alleys, and public grounds. In past vacation requests, the City has determined that vacation maybe appropriate when; 1. The vacation does not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve or use the dedicated right-of- way as road except for utilities and access purposes. 3. The unimproved dedicated right-of-way as its exists serves no public purpose. It is staffs opinion that these three conditions are applicable to the segment of right-o f-way proposed for vacation. The only City utilities in place within this right-of-way arc a gravity sewer line and manhole that only serves the q)plicant ’s property. Because the City may need to maintain this line and manhole in the future, an easement for utility purposes only should be granted over the roadway being vacated. Other utilities potentially using the right-of-way likely use it only to serve the applicant ’s property. The gas, electric, blep’ tone and cable T. V. utilities have been notified of this vacation request; no response has been received as of this writing, however, similar easements will be required if needed by the utility companies. No properties will have their legal access affected by the vacation of this right-of-way. The portion of right- of-way to be vacated does not provide access to the lake, nor to any other properties. It serves no apparent public purpose. The vacation will result in the entire segment of right-of-way reverting to the ownership o f the applicant A condition of approval will be that the vacated right-of-way be legally combined with the other three tax parcels to create a single tax parcel for use as a building site. A neighbor to the cast has written a letter that appears to support the grai ;ting of the vacation request (sec Exhibit H). Staff Recommendation Staff recommends approval ofthe vacation ofthe portion ofright-of-wayas requested by the applicant, subject to: 1. General utility easements to be granted if any of the utility companies con firm the need for easements. 2. The vacated property shall be legally combined with the adjoining three tax parcels; (02-117-23 43 0002, 02-117-23 43 0004,02-117-23 43 0006) I i ! i* V. -V fii e j