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Toning File i1536 <br />.)une 11, 1990 <br />11 age 2 of 4 <br />3. Municipal Zoning Cole Section 10.12 requires that vacatiun <br />of an alley requires a petition by the majority of the land <br />owners abutting the property to be vacated. Technically, <br />there are four property owners abutting this alley, as can <br />be noted from the plat map. Therefore, technically, the <br />vacation cannot proceed until at least two more abutting <br />owners join in the petition. Technically, Mr. Burger at. the <br />end of the alley would not gain ar; land, but the other <br />three owners would. <br />4. One of the concerns of vacating the alley is whether it will <br />limit access t(, other properties. Currently, all properties <br />abutting the alley have their main legal &ccess at some <br />other location. The only property tnat could conceivably <br />benefit from this alley would he that of Hazel Anderson, <br />directly north of Gardiner, which does not abut a public or <br />private road, except that her property ai)uts Cutlot C of <br />Bayside banding, a driveway outlot to serve a new residence <br />north of the wetland. Also, Mrs. Anderson vrssumahly has an <br />eas:rment across John Burgers property along Gardiner's <br />north lot line, to use the driveway shared by Gardin )!r and <br />Anderson. If Mrs. Anderson has such ar Easement (this must <br />be verified), vacation -)f the alley would no* deny Tier <br />access. <br />5. The Public Works Director notes no r)robleme with allowing <br />the vacation. <br />II. Variance Application - <br />1. Applicant is proposing to construct c. second story addition <br />and eastwsrd cxpansron of the existing .ouse, in addition to <br />revisinq roc,f lines. This house is currently considered by <br />staff as a ^ bedroom house, and is proposed to be convFrted <br />to 3 nedrooms. <br />2. Exhibits X, Y and Z indicate the allowaLle building envelope <br />under 3 scenarios <br />a) the existing property; <br />b) the existlnq property plus half of vacated alley; <br />c) existing property plus entire alley. <br />In each case, expansion of the house eastward requires a <br />setback variance to allow a north lot line setback of 4' <br />where 30' is required. <br />