11-19-2012 Planning Commission Packet

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. � FILE#12-3573 November 14,2012 Page 3 of 3 Staff would argue that this particular right-of-way has no apparent present or future benefit to the public because of the topography of the site. It can be argued that the public will benefit by the private ownership of this area because the adjacent property owners,not the public,have a strong interest in protecting and maintaining the immediate shoreline to prevent erosion and slope failure at this site. The City, the County and the State realistically are not going to spend tax dollars maintaining this shoreline. Additionally, the existence of the platted road calls into question the property owners' rights to a keep dock at the site, which has been the primary basis for the many similar vacations occurring in the past. City Criteria for Vacation Zoning Code Section 78-9 governs the vacation of streets, alleys and public grounds. In past vacation requests,the City has determined that vacation may be appropriate when: l. The vacation does not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve, or use the dedicated right-of- way as road except for utilities and access purposes. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. It is staff's opinion that these three conditions are applicable to the segment of Lake Street right- of-way adjacent to the property. A review of the City's utility maps indicates there are no City utilities within the portion of right- of-way to be vacated. A municipal storm sewer line does exist within the right-of-way of Adams Street but will not be affected by the proposed vacation. The public utility companies (gas, electric, telephone, cable) were notified of the proposal in September and none have indicated any issues with the vacation. The property owner's legal access to the property will not be affected by the vacation of Lake Street, and no adjacent or nearby properties will have their access limited by it. Due to topographical constraints, this area of shoreline is not conducive to pedestrian movement, hence staff believes the existing and future public access to the lake will not be reduced or impacted by this vacation. Staff Recommendation Staff recommends approval of the vacation application as proposed by Herman and Marilyn Crawford for the property located at 4745 North Shore Drive.