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03-24-2003 Council Packet
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03-24-2003 Council Packet
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f u <br />Neighbor to East: <br />Staff has talked with the neighbors to the east, 3721 Casco Avenue, regarding .he vacation of the <br />alley. They do not have any objections or issues regarding the vacation of the alley. <br />Criteria for Vacation: <br />Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past <br />vacation requests, the City has determined that vacation may be appropriate when: <br />I. The vacation doses not affect access to or use of any adjoining property. <br />2.The City has not and does not intend to develop, improve or use the dedicated right-of-way <br />as road except for utility purposes. <br />3. The unimproved dedicated right-of-way as it exists serves no public purpose. <br />It is staff s opinion that these three conditions are not applicable to the segment of alley adjacent to <br />the property. <br />The Pi'.blic Works Director has been asked to review the proposed vacation. He stated the City <br />should not vacate this alley. The alley is necessary for the following reasons: stormwater drainage <br />management, possible future utilities and public access for the neighborhood to reach Lake <br />Minnetonka. <br />The Planning Director has been asked to review the proposed vacation. Ilis comments are attached <br />as Exhibit H of the Planning Commission staff report. <br />fhe gas, electric, telephone and cable t.v. utilities have been notified of this request. They have all <br />responded and none of them have any concerns or issues with the vacation. <br />PLANNING COMMISSION: <br />Planning Commission recommended by a 5 to 0 vote to: <br />Deny the application as presented for the following reasons: <br />The unimproved right-of-way may someday be used for stormwater drainage mtuiagement, <br />possible future utilities and public access for the neighborhood to reach Lake Minnetonka. <br />STAFF RECOMMENDATION: <br />Staff recommends denial of the vacation application as proposed by Richard Kail for the property <br />located at 3753 Casco Avenue <br />COUNCIL ACTION REQUESTED: <br />Direct staff to draft a resolution refecting the Council's action fur adoption at the April 14, <br />2003 City Council meeting. <br />i <br />Ii <br />3
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