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Item No.: 6 Date: January 8, 2024 <br />Presenter: Melanie Curtis <br />Presenter: Planner <br />Section:Consent Agenda <br /> <br /> <br />Title: #LA23-000045, Ellette Anderson & James and Melissa Easley, Vacation of <br />ROW between 1250 and 1260 Spruce Place - Resolution No. 7445 / Encroachment <br />Agreements <br /> <br /> <br />1.Purpose: <br />This application is regarding vacation of an unimproved right-of-way abutting Lake Minnetonka. <br />2.MN§15.99 Application Deadline: <br />The application was received on August 14, 2023 and considered to be complete on October 16th. <br />The 60-Day review period would have expired on December 13th but has been extended until <br />February 13, 2024. <br />3.Background: <br />The applicants request vacation of the unimproved right-of-way situated between 1250 Spruce <br />Place and 1260 Spruce Place. At the December 11th meeting, Council reviewed this request and <br />voted 3 to 2 on a motion to vacate the right-of-way; Councilmembers Johnson and Benson <br />dissented. The motion also included obtaining/maintaining City easements for drainage and <br />utilities within the right-of-way as well as the establishment of encroachment agreements to <br />address the private improvements within the right-of-way. <br />4.Planning Commission Vote and Comment: <br />On November 20th, the Planning Commission held a public hearing. Following the public hearing, <br />the Planning Commission voted 5 to 0 on a motion in favor of vacation with the condition that the <br />City maintain a drainage easement. <br />5.Public Comment: <br />Supportive comments from the public were received in writing and in person at the November <br />20th Planning Commission meeting. The written comments were included in the December 11th <br />Council packet. <br />6.Staff Recommendation: <br />Staff recommends Council adopt the draft resolution vacating the right-of-way, which reserves <br />AGENDA ITEM <br /> <br /> <br /> <br /> <br /> <br />50