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Application Date: 8/23/00 <br />Deadline: 12/21/00 <br />REQUEST FOR COUNCIL ACTION <br />DATE: October 18,2000 <br />ITEM NO. <br />Department Approval: <br />Name Paul Weinberger <br />Title Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description:#2611 Marlys McCarty <br />225 Tonka Avenue <br />Easement Vacation <br />Zoning District:RR-IB One Family Rural Residential District (2 acre) <br />Lbt of Exhibits:OCT 2 3 2000 <br />A <br />B <br />C <br />D <br />E <br />F <br />Application <br />Description of Request <br />Property Survey <br />Utility Map <br />Plat Map <br />Resolution 1619 (Vacating a portion of Brook Street) <br />CITY or <br />Application Summary; The applicant has requested vacation of a utility easement located thru the <br />center of the property. A 20' X 100' portion of Brook Street on which the detached garage is currently <br />located was vacated by the City of Orono in 1984 per Resolution No. 1619 (attached). A condition ol the <br />vacation was that the property owner grant to the City a Utilities Easement over the northerly 15' of the <br />vacated Brook Street, for fiture use by the City. It is this easement the current property owner has requested <br />to vacate. <br />The property ow .er has recently acquired the property north of the vacated Brook Street. The property <br />owner has stated the current location of the easement is an obstacle and deterrent in plans to improve the <br />property ’. The applicant would like to construct an attached garage to the existing house. <br />In exchange for the vacation of the 15' easement the property owner would provide an easement over the <br />south 15' of the property. The new easement would make it possible to provide sewer service to the west. <br />The lot to the north and west has access around the applicant's property via the platted right-of-way <br />beginning at the north end of Tonka Avenue. According to the sewer maps a stub was made available about <br />100 ’ north of Tonka Avenue to provide service to the property north and west of the applicant ’s lot. <br />A 25* section of Brook Street west of the Tonka Avenue/Brook Street intersection was not vacated in 1984 <br />to provide access to the north lot. This lot eventually went tax forfeit before the current property owner <br />acquired the lot and combined it with the 225 Tonka Avenue lot. <br />To vacate an easement a finding must be made that no public purpose exists for the easement. The relocation <br />of the utility and access easement would still allow the property to the west access and sewer connection. <br />1 <br />i