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- � ��' <br /> O � <br /> �� g � C ITY o� aR01�0 <br /> � ° �� ti . <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`4kESII���G N0. .ri � �:� . <br /> a. The portion of dedicated right-of-way to be vacated has never been <br /> improved as a public roadway. <br /> b. The right-of-way to be vacated consists of land abutting the lakeshore <br /> and contaiiis slopes ranging from 40% to 70% with no terracuig at the <br /> shoreline, and is at the base of a protected bluff. Therefore,the area to <br /> be vacated cailnot reasonably expect to be developed for any puUlic <br /> use, but has value oi11y to the inZnzediately adjacent uphill property <br /> owners as access to the lakeshore. Unlike the portion of La1ce Street <br /> intersecting the nearby uninzproved extension of Adams Street witlun <br /> tlie plat of Bergquist and Wiciclund's Park, the portions to be vacated <br /> do not serve as a public drainageway nor as potential future access to <br /> the lake. Therefore, vacation of said right-of-way will not eluzzinate , <br /> access to any adjoiiun� or nearby properties, nor will it limit or <br /> eliminate access to Lalce Minnetoi�lca or any other public amenity. <br /> Further, the remoteness of the said ri�lit-of-way malces it inaccessible <br /> for lalceshore bank maintenance should such banlc maintenance <br /> become necessary, which could be more easily accomplished by the <br /> immediately adjacent uplull owners. <br /> c. Utility companies have been notified of the proposed vacation and <br /> � none have requested that easements for utility purposes be retained. <br /> d. The City does not intend to use t11e portion of rijht-of-way to be <br /> vacated for any public purpose. <br /> 7. Tlze side street setback variance for Parcel A is justified because tlie side <br /> street is an undeveloped rijht-of-way. Tlus undeveloped ri;ht-of-way is <br /> used for purposes of drainage and it is unlilcely that it would ever be <br /> developed. Further, this side street setbacic variance allows for an <br /> adequate drive�vay and parkin� area for Parcel A without interfering with <br /> the functionality of the shared driveway. <br /> 8. The bluff setbacic variance for Parcel A is justified by the steepness of the <br /> topo�aphy over the entire lot. Tlle encroachment into the 30' bluff <br /> setbacic is reasonable and is the miiumal necessary to malce ihe site <br /> �radin J worlc. <br /> Paae �? of 9 <br />