06-20-1988 Planning Packet - Laserfiche WebLink

Home Browse Search

■t i ) Iy m y ^3B»' % ■|^3e- €t Zoning File 11251 March 14, 1988 Page 2 of 3 Staff has reviewed the proposed application with the City Attorney's office and asked if there was any problem with vacating portions of the unimproved right-of-way rather than asking for a total vacation. The Attorney's office advised that State Statute does not establish standards for partial or total vacations and that the City could approve the partial vacation of the applicants or indeed the total vacation of Forest Boulevard citing that it would be more efficient and create less problems in the future if the total vacation was approved by the City. In reviewing Hr. Nelson's concern (Exhibit H), clearly this current application would create no problem for Mr. Nelson. Review Exhibit I, technically, the only legal access to Nelson's property is via unimproved Forest Boulevard. At the time Oak Place was vacated, the access to Lot 3 was a private drivoway within Oak Place right-of-way. Nelson was not granted easements prior to the vacation. It is interesting to note that in Nr. Nelson's previous application in 1986, that sought a variance for the construction of a detached garage, that this issue was not raised, as part of that application did indeed involve the difficult access via the current driveway that serves the property. If the current application is approved as proposed, Mr. Nelson's problem may have to be resolved via other means. The City actually has three options of action involving the present request for vacation, as follows: 1. Approve the current partial vacation. 2. Approve also a partial vacation but include Lots 4, 5, 6, 7, and 8, Block 15 and table formal action by the Planning Commission until staff is able to advise the specific owners - we do not want to create another problem as was created for Mr. Nelson in the previous vacation of Oak Place. 3. Total vacation of Forest Boulevard, Vine Place and the park of Saga Hill Revised. Staff would then recommend that we once again table action on the current proposal in order to contact each of the subject properties in order to resolve any access problems that may result with the complete vacation. Note that the City will not vacate that portion of Buff Street or Summit Avenue but would maintain the 50' corridors to the lakeshore as fire lanes. This action is consistent with previous vacations. Staff Recommendation Staff would rec following findings: end approval of the proposed vacation based on the 1. The steep topography and location of the shoreline of Forest Lake within the platted right-of-way would prohibit road construction. 2. There are no existing utilities within the subject area nor are any utilities planned within this area in the future. J V.-' J '•u. Alr-\. ^ V' 1 ( •