11-20-2023 Planning Commission Packet

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Date Application Received: 08/14/2023 Date Application Considered as Complete: 10/16/2023 60-Day Review Period Expires: 12/15/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 20 November 2023 Subject: #23-000045, Ellette Anderson Vacation of ROW between 1250 and 1260 Spruce Place Public Hearing Background The applicant is requesting to vacate the unimproved right-of-way situated between 1250 Spruce Place (owned by James & Melissa Easley) and 1260 Spruce Place (owned by Ms. Anderson, the applicant). This unimproved right-of-way is also known as “Lake Street” on the plat of Saga Hill, Revised, and terminates at the OHWL of North Arm Bay. There are no City utilities within the right- of-way. Within the right-of-way there are riprap spillways facilitating overland drainage from Spruce Place, retaining walls, and approximately 900 square feet of the Easleys’ driveway accessing their side load garage. Applicable Regulations:  MN State Statute 412.851 VACATION OF STREETS The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate: Application Summary: The applicant is requesting City approval of vacation of undeveloped right-of-way between 1250 and 1260 Spruce Place. Staff Recommendation: Planning Department Staff recommends denial of the request to vacate.