03-28-1988 - Agenda Packet City Council - regular meeting

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Zoning File #1251 March 14, 1988 Page 2 of 3 Staff has cuwiewod 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 coul_! 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 Mr. Nelson's concern (Exhibit H), clearly this current application would create no problem for Mr. Nelson. R view Exhibit I, technically, the only legal access to Nelson's property ?_s via unimproved Forest Boulevard. At the time Oak Place was vaca'=ed, the access to Lot 3 was a private driveway within Oak Pace right-of-way. Nelson was not granted easements prior to the vacation. It is intereat_ng to note that in Mr. 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 Pevised. 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 Reco® ndation - Staff would recommend approval of the proposed vacation based on the following findings: 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.