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04-08-1996 Council Packet
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04-08-1996 Council Packet
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'S <br />REQUEST FOR COUNCIL ACTION <br />DATE; March 28, 1996V|^ <br />ITEM NO.: ^ <br />Department Approval: <br />Name Jeanne A. Mabusth <br />Title Building &. Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: #2120 Loren Brueggemann, 372 Westlake Street - Vacation - Resolution <br />Zoning District: LR-IA <br />Brief Review of Application <br />The applicant has petitioned for the vacation of a 10' wide alley platted in the plat of Hillside <br />Park and dedicated to the public in 1912. Review E.xhibits E and H, the majority of the area <br />of the 10' alley is located below the 929.4 elevation (OHWL of Lake Minnetonka). There is <br />no dry land connection linking Westlake Street with the public alley. The only means of <br />obtaining access to the limited northern portions of the alley would be via the private property. <br />Council denied Mr. Brueggemann's application of a lot line rearrangement creating two lots for <br />development in March of 1996. It is the applicant's intention to now proceed with the <br />demolition of the existing principal structure and cabin and to construct a single residence. The <br />south shoreline of the property is bounded by the 10' alley and limits legal or direct access to <br />the lake via the east shoreline. <br />Planning Commission Recommendation <br />The Planning Commission recommended unanimous approval of the vacation ot the 10' alley <br />based on the following findings: <br />1. The majority of the 10' alley is located within the lake bed ot Lake Minnetonka <br />below the Ordinarv' High Water Level of 929.4. The entire western portion of <br />the alley is located within the lake bed restricting access to the limited eastern <br />portion of the alley from Westlake Street. <br />There is an existing, accessible lake access on Stubbs Bay that is maintained by <br />the Cirv. <br />3. The condition of the allev would restrict all reasonable public use. <br />Approval was conditioned on applicant legally combining the vacated alley with the adjacent <br />homestead parcel. The enclosed approval resolution has been drafted per the findings and <br />conditions of the Planning Commission recommendation. <br />COUNCIL ACTION REQUESTED: <br />To either adopt or amend the enclosed approval resoL.Uion. <br />I <br />i
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