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Date Appllc�teon Received: 12/15/15 <br /> Date Application Considered a4 Complete: 12/15/15 '��nj <br /> 60-Day Review Period Ezpires: 2/13/15 Q <br /> To: Chair Leskinen and Plazuung Commission Members y��� � a ��c,� <br /> Jessica Loflus, City Administrator kE5H0� <br /> From: Mike Gaffron, Senior Planner <br /> Date: January 14,201fi <br /> Subject: #16-3840, Wlutney&Beriy MacMillan and Conley& Cazol Brooks <br /> 1560 & 1 b40 Fox Street <br /> - Drainage&Utility Easement Vacation&Rededication <br /> - Public Hearing <br /> Apptication Summary: Vacation of an existing Drainage and Utility Easement along <br /> an existing lot boundary, and dedication of a replacement easement along a proposed <br /> new property boundary. <br /> Staff Recommendation: Planuing Department Staff recammends approval. <br /> List of Exh�bits <br /> Exhibit A. Application <br /> Exhibit B. Survey Depicting Pending Lot Line Rearrangement <br /> Exhibit C. Sketch of Proposed Easement Vacation&Rededication <br /> Exhibit D. Original Plat of MacMillan Addition (1990) <br /> Exhibit E. Sample of Notice Sent to Public Utilities <br /> Exhibit F. Utility Responses Received <br /> Exhibit G. Property Owners List <br /> Exhibit H. Plat Map/Airphoto <br /> Pertinent Regulations <br /> Orono ZoninP Code Section 78-9 Yacatian ofStreets. �411eys and Public Grounds• <br /> Vacation of streets, crlleys and public grounds shall fvllow the procedures set forth in this <br /> chapter; except that such vacation shall require a petition by a majority of the landowners <br /> abutting the property to be vacated, and a hearing preceded by two weeks'published and <br /> posted notice, all as required by Minn. Stat. �412.851. The council may vacate ct�rypubdicly <br /> owned utility ec�,sement or boulevard reserve which is not being used for sewer, draanage, <br /> eleciric, telegraph and telephone, gas and steam pzvposes or for houlevard reserve <br /> purposes, in the same manner as vacation proceedings are conducted for streets, alleys <br /> and other public ways. t! boulevard reserve means an easemenl established adjacent to a <br /> dedicated street for the purpase of esta�blishing open space adjaeent to the street and which <br /> area is designated on the recorded plat as boulevard reser-ve. <br /> MN State Statue 462.358 Subd. 7. Yacation. <br /> The governing body of a municipality may vacate rnzy publicly owned utility easement or <br /> boulevard reserve or any portion thereof, which are not being used for sewer, drafnuge, <br /> electric, telegr'aph, telephone, gas and steam purposes or for boulevard reserve purposes, <br /> in the same manner as vacation proceedings are conducted for streets, alleys and other <br /> public ways urrder a home rule charter or other provisions of Iaw.A boulevard reserve <br />