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E. Proposed Street Vacation F. Topography (from City files) G. City Engineer's Comments on vacation H. Memorandum from Mike Gaffron regarding the vacation FILE 09-3433 November 16, 2009 Page 3 of 4 I. Excerpt regarding Big Island from the latest draft of Part 3B (Land Use Plan) of the 2008-2030 Community Management Plan J. Meeting Minutes from the vacation of Massasoit Avenue Background The required notification of Big Island property owners was done in 1983. However the lead staff person left the city's employ that fall. In 1986 a second notification was done. George Hanson, then the owner of the property, returned the lot area variance application and other paperwork at that time. Earlier this year staff began to update the records of Big Island properties. Unprocessed applications for the "automatic lot area variance" were found in the files of about seven record lots. Staff had intended to bring all these applications for simultaneous consideration. Since Mr. Hanson made application for the vacation it seemed appropriate to also process the lot area variance. (The application predates the state statute limiting the time allowed for consideration of a variance.) Street Vacation Proposed to be vacated is a 33 foot wide street right of way that extends about 200 feet into Mr. Hanson's property. This right of way was dedicated by the plat of Morse Island Park, which was recorded in 1887. It dead ends about 38 feet from the lake. Formerly it connected to Massasoit A venue, which was vacated in 2002. All abutting property is owned by Mr. Hanson. Because there is an overhead electrical line that serves both 340 and 350 within this right of way a utility easement will be maintained over a portion of the right of way. The telephone company indicates it has nothing within the right of way. Lot Area Variance Reouired Actual Lot Area 5 acres 1.12 acres Lot Width 200 feet 120 feet The ex1stmg cabin was constructed 1977 to replace a cabin that burned a short time previously. It received a lakeshore setback variance. The septic system was replaced in 2007. If approved a new tax parcel combination request would be filed before the resolution is recorded. There is no explanation in the file as to why the application was not processed in 1986. Like several others that were not processed, there was also an application for a conditional use permit to allow the cabin to be used more than 180 days a year. That is no longer the situation. Issues for Consideration The Commission should consider the issues discussed in the application, the memo from Mike Gaffron and during the vacation of Massasoit A venue.