03-21-1983 Planning Packet - Laserfiche WebLink

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r" Parking Area y 7, 1983. action, ves of ry Berg, h an agreement g a series h 9, 1983 etter for two be amicably way, closing railroad e entire right of way. which is availed t want to ound no artinent and need to tion of j ■ ■'} ‘i. 'A m p te t IS ■ -f; m 9 $ V i if h \n . i I i liy 'V-y m Molly's Corner March 17, 1983 Page 2 The hearing should be closed after all have had a chance to speak. PLANNING COMMISSION ACTION The Planning Commission does not have to debate or decide the nature or extent of future use of the property, how it might be regulated or what legal procedures are necessary to carry-out City policy. The Planning Commission does have to provide a recommendation to the City Council on the narrow issue of whether or not public property should be vacated, and if so, to what extent. STAFF RECOMMENDATION FOR PLANNING COMMISSION ACTION Based upon facts in the record, the position of the applicants,William Gregory and David Duff, and the clear need for something to be done to reduce problems and conflicts in the area of Molly's Corner, City staff recommends the following action regarding vacation: The highway right of way should remain 66 feet wide as indicated on the County Highway Plat as recorded February 17, 1982, including all land originally platted in 1887 as Bracketts Avenue, except as follows: 1) Based upon actual use and topographical conditions, that portion of the highway abutting the unplatted Gregory and Duff properties in Section 11 should be limited to 27.5 feet from centerline on the west side only (as requested by the applicants) thereby vacating 5.5 ft. on this side. The east (shoreline) side must remain 33 ft. from centerline and must not be vacated as this entire area consists The actual shorelineof roadbed, riprap and support for the road, here was created when the road was relocated in the late 1920*s-early 1930'c, has been publicly used for fishing, and is publicly necessary to support and maintain the road. There can be no public purpose shown for vacating any shoreline which was either platted public or created by public road construction. 2) The triangular portion of Brackett Avenue west of 33 ft. from centerline (and adjacent to original Lots 5 through 10, Block 16, Orono) should be vacated by the City and County in favor of the Gregorys in exchange for: 1) 2) 3) The proposed deed to the City of the "reserve area." shoreline;& The proposed deed to the City of Block 18 in the parking area; & Assumption by the City of the railroad lease for continued parking lot use. ' —ifct -'r Molly's Corn March 17, 19 Page 3 Additional i a) City Tanager on Brown b) City policing activiti Trespass would no c) Expe 3) Vaca plat at If the agree: then I recom lot size is way, then th spaces in th Staff recommi