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Zoning File #2388 July 15, 1998 Page 3 of 3 Criteria for Vacation Zoning Code Section 10.12 governs the vacation of streets, alleys, and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: 1. The va. ?ii*m Joes not affect access to or use of any adjoining property. 2. The City has nut and does not intend to develop, improve or use the dedicated right-of-way as road except for utilities and access purposes. 3. The unimproved dedicated right-of-way as its exists serves no public purpose. It is staffs opinion that these three conditions are applicable to the segment of Portland Place right- of-way adjacent to the Udell and Moe properties, but not to that portion adjacent to Wallner and Wolfe, where it is used for the actual Spruce Place roadway and shoulder. The only City utilities in place adjacent to Udell and Moe are City sewer lines. There may be other utilities using Portland Place, and the gas, electric, telephone and cable T.V. utilities have been notified of this request. There is a 30" storm sewer under Portland Place which likely is covered under the 1979 easement. No properties will have their legal access affected by the vacation of Portland Place adjacent to the Moe and Udell properties, and the portion of right-of-way to be vacated does not provide access to the lake. Staff Recommendation Staff recommends approval of the vacation of that portion of Portland Place located between Blocks 1 and 2, Saga Hill Revised, adjacent to the Moe and Udell properties only, subject to the condition that Moe and Udell grant necessary' utility (sewer and storm sewer) easements to the City over the portions of Portland Place to be vacated. Similar general utility easements to be granted if any of the utility companies confirm the need for easements. Options for Action 1. Recommend approval per staff recommendation. 2. Table for further information. 3. Recommend denial, stating reasons. 4. Other. Note: Applicant has requested that the City refund the $300 vacation fee. Although staff has spent considerable research time on this application, it can be argued that the need for the application is based on factors outside the applicant's control. Planning Commission may wish to make a recommendation to council regarding a refund. jig