10-18-1993 Planning PacketC - Laserfiche WebLink

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Zoning File /I^1876 October 13, 1993 Page 3 Vacation will add 12.5’ to each adjacent property making the Ogland shed more conforming to setback requirements, and providing Stoyke with a 13’ side setback instead the r setback that exists today. Staff has notified the DNR of this request (required by statute). As of this writing, they have not commented on the vacation request. Public Works Director John Gerhardson has no objection to vacating this portion of dedicated right-of-way subject to retaining right-of-way for Crystal Bay Road and the utilities in it, as well as an easement over the existing sewer line. Staff Recommendation Notwithstanding all the reasons that vacation of the subject parcel would benefit the adjacent property owners, a recommendation for approval must make the finding that it would be in the interest of the public to vacate the public right-of-way. It would only be in the public interest to vacate if nc existing or potential public purposes will be eliminated. Any forthcoming comments from the DNR should be taken into consideration. If Planning Commission finds that it is in the public interest to vacate this right-of-way, staff would recommend the following conditions: 1.Cit> to retain a 20 ’ utility easement centered on sewer line running the length of the property. 2.City to retain right-of-way for Crystal Bay Road 19 ’ either side of the centerline of said road. Retention of right-of-way may be by easement (granted by the two property owners) or by simply not vacating that portion, subject to City Attorney ’s recommendation. Such right-of-way will include the right of the City and the public to use and maintain the road as a public right-of-way, and for drainage and utility purposes. 3.Applicants ’ surveyor to provide legal description for sewer easement. The City Attorney to produce all necessary easement documents, such costs to be paid by the applicants.