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r <br />Application Deadline: 1 l/S/02 <br />60 Day Deadline: 1/3/02 <br />REQUEST FOR COUNCIL ACTION <br />Department Approval: <br />Name: Wendy Bottenberg <br />Title: Zoning Administrator <br />Item Description: #02-2846 Loren Pellett <br />4753 North Shore Drive <br />Vacation <br />2 5 2002 <br />DATE: <br />ITEM NO. ^ <br />Agenda Section: Zoning <br />Exhibits: <br />A Resolution <br />B Staff Report and exhibits of 11/18/02 <br />Pertinent Code Section: <br />1. Section 10.12 <br />Application Summary: The applicant is seeking approval to vacate 50' of that portion of the <br />unimproved dedicated right-of-way of Lake Street at the shoreline of his property. The right-of- <br />way was originally dedicated in the plat of Bergquist and Wicklund's Park in 1888. Lake Street is an <br />unimproved street right of way running along the shoreline of Lake Minnetonka from east to west <br />that currently varies from 17 ’ to 21' in width. Lake Street serves no public purpose. <br />There has been one other vacation of Lake Street. The property located at 4705 North Shore Drive <br />was granted approval in 1996 to vacate that portion of Lake Street between its extended lot lines. <br />(Exhibit E). <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 />1. 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 roid except for utilities and access purposes. <br />3. The unimproved dedicated right-of-way as it exists serves no public purpose. <br />It is staffs opinion that these three conditions are applicable to the segment of Lake Street right-of- <br />way adjacent to the property. <br />The Public Works Director has been asked to review the proposed vacation and agreed to proceed <br />with the vacation finding no current or future public use for the 50* right-of-way. Municip^ sewer <br />lines are not located within the unimproved right-of-way, hence sewer easements are not required.