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FILE #LA24-000070 <br />18 February 2025 <br />Page 2 of 2 <br /> <br /> <br />has agreed to establish a new easement to encompass the drainage ditch. <br /> <br />Applicable Regulations: <br /> MN State Statue 462.358 Subd. 7. Vacation <br />“The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or <br />any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and <br />steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted <br />for streets, alleys and other public ways under a home rule charter or other provisions of law. <br /> <br />A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of <br />establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard <br />reserve".” <br /> Orono City Code. Sec. 78-9. - Vacation of streets, alleys and public grounds. <br />“Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except <br />that such vacation shall require a petition by a majority of the landowners abutting the property to be <br />vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § <br />412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being <br />used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard <br />reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other <br />public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the <br />purpose of establishing open space adjacent to the street and which area is designated on the recorded plat <br />as boulevard reserve.” <br />Public Comments <br />The City received several inquiries regarding the purpose and scope of the project. None of the inquiries resulted <br />in formal comments on the vacation. However, one neighbor submitted comments regarding the previous grading <br />project to reroute the ditch, attached as Exhibit E. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that the request, if approved, will not alter the essential <br />character of the neighborhood? <br />2. Are there any other issues or concerns with this application? <br /> <br />Planning Staff Recommendation <br />Planning Staff recommends approval of the proposed easement vacation as applied conditioned upon the <br />dedication of a replacement easement. <br /> <br /> <br /> <br />265