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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#8 -#2088 Stephen Gardiner -Continued) Mabusth reported that the vacation application was separated from the variance application. Mabusth said she was told by the homeowners' association president, Lee Harrin, that a letter was sent to each Plannning Commissioner advising of their decision to have no claim of interest in the right-of-way to be vacated. Members of the Planning Commission reported that they had not received any such letter. Gardiner showed Mabusth an agreement signed by Harrin as representative for the homeowners giving up all rights of the alley way. Gardiner provided a copy of the agreement. Gardiner noted that the garage would be modified or destroyed to ensure its distance of 15' from the property line. Schroeder asked if it was critical for the applicants to receive approval from the homeowners' association. Mabusth said it was important for Gardiner and Stephens in order to develop realistic improvement plans. Mabusth also commented on the question of any legal claim by the property owner to the north and east on the vacated right of way as that property was not part of the original Ottoville plat. Mabusth also noted that Gopher 1 has been alerted, and applicant staked out the alleyway for the utility companies to review. Confirmation of the location of any utilities is necessary before the vacation can be approved. Hawn noted that the dispersal is completed by the County, and it is their final responsibility and not the City. Mabusth agreed. There were no public comments. Lindquist moved, Smith seconded, to recommend approval of Application #2088 for vacation of30' alleys as oiginally dedicated in the plat of Ottoville Lake Minnetonka subject to the vacation petition not being scheduled before the Council until the City has received a report from the utility companies confirming whether utilities are located within the unimproved public right-of-way. If utilities exist, applicant is to provide easements over all existing utilities. The applicant's surveyor is to provide a complete legal description for the vacation of the 30' alley for the official resolution of the City. Gardiner noted his understanding of the conditions set forth. Vote: Ayes 4, Nays 0. (#9) #2095 STEPHEN lVI. ENGLAND, 3855 CHERRY A VENUE -RENEW AL VARIANCE-PUBLIC HEARING 7:16-7:17 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. 13