03/17/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2003 6:30 o'clock p.m. (#02-2864 JOSEPHINE CARPENTER, Continued) their current location on the lot prior to building permit application for the detached garage. To be conforming, the sheds require relocation on the lot to a conforming location and building permit approval. VOTE: Ayes 5, Nays 0. (#3)#03-2874, RICHARD KAIL, 3753 CASCO AVENUE,VACATION 7:36-7:45 P.M. Richard Kail, Applicant, was present. Bottenberg explained that the applicant was seeking approval to vacate 7' of that portion of the unimproved dedicated alley adjacent to his property. The alley was originally dedicated in the plat of Casco Heights in 1911. The alley is 14' wide and 317.8' long. Bottenberg indicated that the applicant was proposing to vacate a 7' portion adjacent to his property, whereas,the remaining 7' would go to his neighbor at 3721 Casco Avenue. Bottenberg pointed out that application#03-2863, an application for lot area and lot coverage by structure, was heard by the City Council at its February 24, 2003 meeting. While the Planning Commission had approved the lot area variance, it had denied the lot coverage by structure variance. The applicant chose to pursue vacating the adjacent alley next to his property. Whereas there have never been any vacations of alley in the Casco Point area, there have been vacations only where the dedicated right of way was between the lake and the residence on the property. After speaking to neighbors regarding the vacation, Bottenberg indicated that they do not have any objections. Based on criteria for vacation, Bottenberg explained that, in the past vacations are appropriate when the vacation does not affect access to or use of any adjoining property, the City does not intend to develop, improve or use the dedicated right of way as road except for utility purposes, and the unimproved dedicated right of way as it exists serves no public purpose. It is staff's opinion that these three conditions are not applicable to the segment of alley adjacent to the property. Bottenberg reported that the Public Works Director reviewed the proposed vacation and recommended the City not vacate this alley. He felt the alley was necessary for several reasons: stormwater drainage management,possible future utilities, and public access for the neighborhood to reach Lake Minnetonka. In addition, Bottenberg referred to the, attached, Planning Director's comments that it would not be in the City's best interests to vacate this alley. She noted that the gas, electric, telephone, and cable t.v. utilities had been notified and expressed no concerns with the vacation. PAGE 8 of 24