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Request for Council Action continued <br />Page 2 <br />February 6, 1996 <br />Zoning File #2088 Steven Gardiner, 3770 Bayside Road <br />with the homeowners' association president agreeing to claim no interest in the acquisition of <br />the vacated right-of.;.way if future plans for the improvement of the property would ensure <br />certain setbacks for future residential construction on the property. <br />Review Exhibits D, F and I, the City Engineer advises that the City has no interest in the <br />unimproved right-of-way. The Stubbs Bay sewer improvement did not make use of the specific <br />right-of-way area. Gopher One has been contacted by the City to determine if other utility <br />companies have any interest in the unimproved right-of-way. Mr. Gardiner's letter advises that <br />they have completed the staking of the right-of-way and representatives of the utility companies <br />have confirmed that no existing electric, gas, cable or telephone lines exist within the <br />unimproved right-of-way. <br />Planning Commission Recommendation <br />The Planning Commission recommended unanimous approval of the vacation as proposed, <br />finding no public use or interest in the unimproved right-of-way as it exists today or for future <br />use. The enclosed resolution has been drafted per the findings and conditions of the Planning <br />Commission recommendation. <br />COUNCIL ACTION REQUESTED: <br />To either approve or amend the enclosed approval resolution vacating 30' unimproved alley as <br />dedicated in the plat, Ottoville of Lake Minnetonka, in 1887. <br />lsv