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� ' � � , , <br /> � O� <br /> O O <br /> � }�- C ITY o� 4R011T0 <br /> � � <br /> �',� � �'�'� RESOLUTION OF THE CITY COUNCIL <br /> L�kES804� N0. .ri � � � . <br /> a. The portioil 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 abuttiiig the lakeshore <br /> azld contaiils slopes ranging from 40% to 70% with ilo terracui� at the ' <br /> shoreline, and is at the base of a protected bluff. Therefore,the area to <br /> be vacated cannot reasonably expect to be developed for any public <br /> use, but has value only to the inlnzediately adjacent uphill property <br /> owners as access to the lakeshore. Unlike the portion of Lalce Street <br /> intersecting the nearby unimproved extensioi� of Adams Street within <br /> flie plat of Bergquist a�ld Wiciclund's Park, the portions to be vacated <br /> do not serve as a public drairiageway nor as potential future access to <br /> the lake. Therefore, vacation of said right-of-way will ilot eluilinate . <br /> access to any adjoining or nearby properties, nor will it limit or <br /> eluninate access to Lalce Minnetonlca or any other public amenity. <br /> Further, the remoteiless of the said right-of-way makes it inaccessible <br /> for lalceshore bank maintenance should such banlc maintenance <br /> become necessary, which could be more easily accomplished by the <br /> iriunediately adj acent 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 the poi-tion of rijht-of-way to be <br /> vacated for any public purpose. <br /> 7. The side street setbacic variance for Parcel A is justified because the side <br /> street is an undeveloped right-of-way. Tlus undeveloped rijllt-of-way is <br /> used for purposes of drainaje and it is unlilcely that it would ever be <br /> developed. Further, this side street setbacic variance allows for an <br /> adequate driveway and parlcing area for Parcel A without interfering with <br /> the functionality of the shared driveway. <br /> 8. The bluff setbacic vaxiance for Parcel A is justified by the steepness of the <br /> topooraphy over the entire lot. Tlie encroachment into the 30' bluff <br /> setbacic is reasoilable and is the miiumal necessary to malce ihe site <br /> gradin'worlc. <br /> PaQe 4 of 9 <br />